FEDERAL REGISTER

Vol. 86 Monday No. 140 July 26, 2021

Pages 39939–40140

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 86, No. 140

Monday, July 26, 2021

Agricultural Marketing Service Consumer Product Safety Commission FY 2019 Service RULES Contract Inventory, FY 2018 Service Contract Inventory Administering the Specialty Crop Block Grant Program, Analysis, and Plan for FY 2019 Inventory Analysis, 39941 40019–40020

Agriculture Department Defense Department See Agricultural Marketing Service See Air Force Department See Office of Partnerships and Public Engagement NOTICES See Rural Business-Cooperative Service Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40020–40021 Air Force Department NOTICES Economic Development Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 40020 Petitions by Firms for Determination of Eligibility To Apply for Trade Adjustment Assistance, 40003–40004 Antitrust Division NOTICES Education Department Changes Under the National Cooperative Research and RULES Production Act: Final Priority and Requirements: Advanced Media Workflow Association, Inc., 40080 Training of Interpreters for Individuals Who Are Deaf or ASTM International Standards, 40079 Hard of Hearing and Individuals Who Are DeafBlind CHEDE–8, 40079–40080 Program, 39965–39978 Electrified Vehicle and Energy Storage Evaluation, 40079 NOTICES Agency Information Collection Activities; Proposals, Open RF Association, Inc., 40078–40079 Submissions, and Approvals: The Institute of Electrical and Electronics Engineers, Inc., Implementation of Title I/II–A Program Initiatives— 40079 Preliminary Activities, 40031–40032 National Implementation Study of Student Support and Centers for Disease Control and Prevention Academic Enrichment Grants, 40028–40029 NOTICES Title I, Part A Accountability Waiver Requests for School Agency Information Collection Activities; Proposals, Year 2020–2021, 40021 Submissions, and Approvals, 40047–40058 Applications for New Awards: Meetings: Training of Interpreters for Individuals Who Are Deaf or Advisory Committee on Immunization Practices, 40058– Hard of Hearing and Individuals Who Are DeafBlind 40059 Program, 40021–40028 Mine Safety and Health Research Advisory Committee; Request for Information: Cancellation, 40051 Public Service Loan Forgiveness Program, 40029–40031 National Center for Health Statistics; ICD–10 Coordination and Maintenance Committee, 40054– Energy Department 40055 See Federal Energy Regulatory Commission NOTICES Coast Guard Inquiry on Preparation of Report to Congress on the Price- RULES Anderson Act, 40032–40036 Drawbridge Operations: Request for Information: Fox River, Oshkosh, WI, 39963–39965 Supporting Energy Savings Performance Contracting in Okeechobee Waterway, Indiantown, FL, 39961–39963 the Public Sector, 40036–40037 Special Local Regulation: Tennessee River Miles 648 to 650, Knoxville, TN, 39959– Environmental Protection Agency 39961 RULES Air Quality State Implementation Plans; Approvals and Commerce Department Promulgations: See Economic Development Administration Missouri; Removal of Control of Emissions from the See International Trade Administration Application of Deadeners and Adhesives, 39978– See National Institute of Standards and Technology 39979 See National Oceanic and Atmospheric Administration PROPOSED RULES See Patent and Trademark Office Air Quality State Implementation Plans; Approvals and Promulgations: Consumer Product Safety Commission Missouri; Open Burning; Withdrawal, 39988–39989 NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals: Hazard Warning Communication Survey, 40018–40019 Landfill Methane Outreach Program, 40044–40045

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Clean Air Act Operating Permit Program: Federal Motor Carrier Safety Administration Petition To Object to Operating Permits for the Drews NOTICES and Century Power Generating Facilities in Southern Parts and Accessories Necessary for Safe Operation: California, 40045 Application for an Exemption from EROAD Inc., 40135– 40136 Federal Aviation Administration RULES Federal Railroad Administration Airspace Designations and Reporting Points: NOTICES Craig, AK, 39956–39957 Petition for Waiver of Compliance, 40136–40137 Northeast Corridor Atlantic Coast Routes; Northeastern United States, 39953–39956 Federal Reserve System Northeast United States, 39958–39959 NOTICES Northeastern United States, 39952–39953, 39957–39958 Changes in Bank Control: Vicinity of Rockford, IL, 39949–39952 Acquisitions of Shares of a Bank or Bank Holding Airworthiness Directives: Company, 40046–40047 Various Restricted Category Helicopters, 39942–39949 Formations of, Acquisitions by, and Mergers of Bank Removal of the Special Rule for Model Aircraft; Correction, Holding Companies, 40047 39942 PROPOSED RULES Fiscal Service Airspace Designations and Reporting Points: NOTICES McChord Field (Joint Base Lewis-McChord), WA, 39986– Agency Information Collection Activities; Proposals, 39988 Submissions, and Approvals: Airworthiness Directives: Annual Letters—Certificates of Authority (A) and Leonardo S.p.a. Helicopters, 39984–39986 Admitted Reinsurer (B), 40137 NOTICES Petition for Exemption; Summary: Food and Drug Administration Joshua Aaron Alameda, 40134–40135 NOTICES Federal Communications Commission Final Debarment Order: NOTICES Jonathan Doyle, 40063–40064 Agency Information Collection Activities; Proposals, Medical Devices: Submissions, and Approvals, 40045–40046 Class I Surgeon’s and Patient Examination Gloves, 40061–40063 Federal Election Commission Meetings: NOTICES Cellular, Tissue and Gene Therapies Advisory Meetings; Sunshine Act, 40046 Committee, 40059–40061 Federal Emergency Management Agency Health and Human Services Department NOTICES See Centers for Disease Control and Prevention Final Flood Hazard Determinations, 40067–40068 See Food and Drug Administration Flood Hazard Determinations; Proposals, 40068–40072 See Health Resources and Services Administration Proposed Flood Hazard Determinations for Bay County, See National Institutes of Health Florida and Incorporated Areas; Withdrawal, 40069 NOTICES Proposed Flood Hazard Determinations for Franklin Best Practices for Advancing Cultural Competency, County, Florida and Incorporated Areas; Withdrawal, Language Access and Sensitivity Toward Asian 40071 Americans and Pacific Islanders, 40066 Meetings: Federal Energy Regulatory Commission Tick-Borne Disease Working Group, 40065–40066 NOTICES Application: Health Resources and Services Administration Northbrook Lyons Falls, LLC, 40040 NOTICES Combined Filings, 40042–40043 Agency Information Collection Activities; Proposals, Environmental Assessments; Availability, etc.: Submissions, and Approvals: Dominion Energy South Carolina, Inc., 40039–40040 COVID–19 Provider Relief Fund Reporting Activities, Initial Market-Based Rate Filings Including Requests for 40064–40065 Blanket Section 204 Authorizations: CPRE 1 Lessee, LLC, 40038 Homeland Security Department Generation Bridge Connecticut Holdings, LLC, 40039 See Coast Guard Generation Bridge M and M Holdings, LLC, 40037 See Federal Emergency Management Agency Glacier Sands Wind Power, LLC, 40040–40041 See Transportation Security Administration In Commodities US, LLC, 40042 Lancaster Solar LLC, 40041 Housing and Urban Development Department Prairie Wolf Solar, LLC, 40042 NOTICES SR Georgia Portfolio II Lessee, LLC, 40041–40042 Agency Information Collection Activities; Proposals, SR Lumpkin, LLC, 40038 Submissions, and Approvals: SR Snipesville II, LLC, 40038–40039 Housing Counseling Agency Activity Report, 40074– Tulare Solar Center, LLC, 40037 40075 Records Governing Off-the-Record Communications, 40043– Manufactured Housing Dispute Resolution Program, 40044 40075–40076

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Multifamily Insurance Benefits Claims Package, 40076 National Institutes of Health Survey To Assess Operational and Capacity Status of NOTICES Housing Counseling Agencies Due to Disaster/ Meetings: National Emergency, 40076–40077 Advisory Committee on Research on Women’s Health, 40066 Internal Revenue Service National Institute on Aging, 40067 NOTICES Agency Information Collection Activities; Proposals, National Oceanic and Atmospheric Administration Submissions, and Approvals, 40137–40139 NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals: Voluntary Disclosure Practice and the Streamlined Filing Pacific Islands Region Seabird-Fisheries Interaction Compliance Procedures, 40138–40139 Recovery Reporting, 40014–40015

International Trade Administration Nuclear Regulatory Commission NOTICES PROPOSED RULES Antidumping or Countervailing Duty Investigations, Orders, Receipts-Based Size Standards, 39980–39984 or Reviews: NOTICES Urea Ammonium Nitrate Solutions from the Russian Exemption: Federation and the Republic of Trinidad and Tobago, Florida Power and Light Co., St. Lucie Plant, Unit No. 2, 40004–40008 40086–40088 Initiation of Less-Than-Fair-Value Investigations: Meetings; Sunshine Act, 40089 Urea Ammonium Nitrate Solutions from the Russian Occupational Safety and Health Administration Federation and the Republic of Trinidad and Tobago, 40008–40013 NOTICES Meetings: Agency Information Collection Activities; Proposals, Advisory Committee on Supply Chain Competitiveness, Submissions, and Approvals: 40013 Beryllium Standards for General Industry, 40083–40085 Reports of Injuries to Employees Operating Mechanical International Trade Commission Power Presses, 40082–40083 NOTICES Office of Partnerships and Public Engagement Investigations; Determinations, Modifications, and Rulings, NOTICES etc.: Funding Opportunity: Certain Smart Thermostats, Smart HVAC Systems, and Outreach and Assistance for Socially Disadvantaged Components Thereof, 40077–40078 Farmers and Ranchers and Veteran Farmers and Ranchers, 39990–40000 Justice Department See Antitrust Division Patent and Trademark Office NOTICES Labor Department Agency Information Collection Activities; Proposals, See Mine Safety and Health Administration Submissions, and Approvals: See Occupational Safety and Health Administration Patent Reexaminations, Supplemental Examinations, and NOTICES Post Patent Submissions, 40015–40018 Secretary’s Order 02–2021—To Withdraw Secretary’s Order 10–2020, Statement of Policy Regarding Independence Presidential Documents of Advisory Committee Members, 40080–40081 ADMINISTRATIVE ORDERS National Defense Authorization Act for Fiscal Year 2020; Mine Safety and Health Administration Delegation of Authority Under Section 1285 NOTICES (Memorandum of July 19, 2021), 39939 Petition for Modification of Application of an Existing Mandatory Safety Standard, 40081–40082 Rural Business-Cooperative Service NOTICES National Aeronautics and Space Administration Request for Applications: NOTICES Rural Energy for America Program, 40000–40003 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Securities and Exchange Commission Property in the Custodian of Contractors, 40085–40086 NOTICES Joint Industry Plan: National Credit Union Administration Order Instituting Proceedings To Determine Whether To NOTICES Approve or Disapprove an Amendment to the Meetings; Sunshine Act, 40086 National Market System Plan Governing the Consolidated Audit Trail, 40114–40134 National Institute of Standards and Technology Meetings; Sunshine Act, 40114 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Meetings: Cboe EDGX Exchange, Inc., 40097–40101 Information Security and Privacy Advisory Board, 40013– Miami International Securities Exchange, LLC, 40104– 40014 40108

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MIAX PEARL, LLC, 40092–40097 Treasury Department NYSE American, LLC, 40089–40092 See Fiscal Service NYSE Arca, Inc., 40102–40104, 40111–40114 See Internal Revenue Service NYSE National, Inc., 40108–40110 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Small Business Administration Fiscal Service Implementing Regulations for the NOTICES Government Securities Act of 1986, as Amended, Disaster Declaration: 40139–40140 Georgia, 40134

Transportation Department Reader Aids See Federal Aviation Administration Consult the Reader Aids section at the end of this issue for See Federal Motor Carrier Safety Administration phone numbers, online resources, finding aids, and notice See Federal Railroad Administration of recently enacted public laws. To subscribe to the Federal Register Table of Contents Transportation Security Administration electronic mailing list, go to https://public.govdelivery.com/ NOTICES accounts/USGPOOFR/subscriber/new, enter your e-mail Exemption for Exclusive Area Agreements at Certain address, then follow the instructions to join, leave, or Airports, 40072–40074 manage your subscription.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Administrative Orders: Memorandums: Memorandum of July 19, 2021 ...... 39939 7 CFR 1291...... 39941 10 CFR Proposed Rules: 2...... 39980 171...... 39980 14 CFR 1...... 39942 39...... 39942 61...... 39942 71 (6 documents) ...... 39949, 39952, 39953, 39956, 39957, 39958 101...... 39942 107...... 39942 Proposed Rules: 39...... 39984 71...... 39986 33 CFR 100...... 39959 117 (2 documents) ...... 39961, 39963 34 CFR Ch. III ...... 39965 40 CFR 52...... 39978 Proposed Rules: 52...... 39988

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Federal Register Presidential Documents Vol. 86, No. 140

Monday, July 26, 2021

Title 3— Memorandum of July 19, 2021

The President Delegation of Authority Under Section 1285 of the National Defense Authorization Act for Fiscal Year 2020

Memorandum for the Secretary of Defense

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of Defense the authority and functions vested in the President by section 1285(a) through (e) of Public Law 116–92 on the use of military force and support of partner forces to the Congress. You are authorized and directed to publish this memorandum in the Federal Register.

THE WHITE HOUSE, Washington, July 19, 2021

[FR Doc. 2021–15956 Filed 7–23–21; 8:45 am] Billing code 5001–06–P

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Rules and Regulations Federal Register Vol. 86, No. 140

Monday, July 26, 2021

This section of the FEDERAL REGISTER administer Specialty Crop Block Grants actions related to grants management contains regulatory documents having general according to the revised provisions of 2 without notice and comment applicability and legal effect, most of which CFR part 200, which became effective rulemaking. Further, such actions may are keyed to and codified in the Code of November 12, 2020 (85 FR 49506; be made effective in fewer than 30 days Federal Regulations, which is published under August 13, 2020). 50 titles pursuant to 44 U.S.C. 1510. after publication in the Federal Background Register. Therefore, this final rule is The Code of Federal Regulations is sold by effective upon publication. the Superintendent of Documents. Ten grant programs are currently implemented for USDA under AMS’s Executive Orders 12866 and 13563 Transportation and Marketing Program. direct agencies to assess all costs and DEPARTMENT OF AGRICULTURE Eight of these grant programs are benefits of available regulatory competitively bid, and two are non- alternatives and, if regulation is Agricultural Marketing Service competitively awarded to State necessary, to select regulatory agencies. The SCBGP is a non- approaches that maximize net benefits 7 CFR Part 1291 competitive grant program mandated (including potential economic, [Doc. No. AMS–TM–20–0098] under section 101 of the Specialty Crops environmental, public health and safety Competitiveness Act of 2004 (7 U.S.C. effects, distributive impacts and equity). Administering the Specialty Crop 1621 note), and amended under section Executive Order 13563 emphasizes the Block Grant Program 10107 of the 2018 Farm Bill, to make importance of quantifying both costs grants to States to be used by State and benefits, reducing costs, AGENCY: Agricultural Marketing Service, departments of agriculture to enhance harmonizing rules, and promoting U.S. Department of Agriculture. the competitiveness of specialty crops. flexibility. This action falls within a ACTION: Final rule. The SCBGP defines specialty crops as category of regulatory actions that OMB ‘‘Fruits and vegetables, tree nuts, dried SUMMARY: This final rule removes the fruits, horticulture, and nursery crops exempted from Executive Order 12866 regulations pertaining to the Specialty (including floriculture).’’ review. Crop Block Grant Program (SCBGP). The AMS Grant Programs, which include As required by the Regulatory regulations, which were established in the SCBGP, are authorized pursuant to Flexibility Act (5 U.S.C. 601–612), AMS 2006 as a matter of U.S. Department of the Agricultural Marketing Act of 1946 certifies that this final rule does not Agriculture (USDA) policy, are (AMA) (7 U.S.C. 1621, et. seq.) and the have a significant economic impact on duplicative of and in conflict with the Farmer-to-Consumer Direct Marketing small business entities. Neither grant recent revisions to the Office of Act of 1976 (FCDMA) (7 U.S.C. 3001), recipients nor subrecipients will be Management and Budget’s (OMB) Office and are implemented through the impacted by this final rule. of Federal Financial Management’s Uniform Administrative Requirements, Guidance for Grants and Agreements. Cost Principles, and Audit This final rule does not contain any Consequently, the SCBGP-specific Requirements for Federal Awards information collection requirements regulations are no longer needed. The (Super Circular) (2 CFR part 200). subject to the Paperwork Reduction Act Agricultural Marketing Service (AMS) is Although not required to do so under of 1995 (44 U.S.C. 3501, et seq.). removing the obsolete regulations in the provisions of the APA, AMS List of Subjects in 7 CFR Part 1291 order to align its grant programs with established separate regulations OMB requirements and implement the pertaining to the SCBGP in 2006 (71 FR Agriculture, Foods, Fruits, Grant programs efficiently. AMS will continue 53303; September 11, 2006) through programs-agriculture, Reporting and to administer SCBGP according to the notice and comment rulemaking as a record keeping requirements, Specialty OMB regulations. matter of USDA policy. USDA revoked crop block grants, State and local DATES: This rule is effective on July 26, its policy concerning rulemaking for governments, Vegetables. 2021. grant programs in 2013 (78 FR 64194; October 28, 2013). As well, OMB’s FOR FURTHER INFORMATION CONTACT: PART 1291—[REMOVED] revisions to 2 CFR part 200 changed Nicole Nelson Miller, Grants Division requirements for Federal awards to non- Director, or Carly Borgmeier, Specialty ■ For the reasons stated in the preamble, Federal entities. and under the authority of 7 U.S.C. 1621 Crop Block Grant Program Team Lead, The regulations at 7 CFR part 1291 are Grants Division, AMS, USDA; duplicative of and in conflict with the note, as amended, remove 7 CFR part Telephone: (202) 720–0188, or Email: updated guidance at 2 CFR part 200. 1291. [email protected] or Therefore, AMS is removing 7 CFR part [email protected]. Erin Morris, 1291 to better align its programs with Associate Administrator, Agricultural SUPPLEMENTARY INFORMATION: This final OMB’s Guidance for Grants and Marketing Service. rule removes the regulations to Agreements and improve efficiency in [FR Doc. 2021–15780 Filed 7–23–21; 8:45 am] implement the SCBGP at 7 CFR part the management of the SCBGP. 1291. This action conforms with recent This action pertains to the making of BILLING CODE P amendments to OMB’s regulations on Federal grants to enhance the Grants and Agreements related to competitiveness of specialty crops. The reporting, oversight, and audit Administrative Procedures Act (APA), 5 requirements. AMS will continue to U.S.C. 553, authorizes USDA to take

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DEPARTMENT OF TRANSPORTATION than 30 days before their effective dates. structure. The FAA is issuing this AD to However, the APA provides that an address the unsafe condition on these Federal Aviation Administration agency is not required to conduct products. notice-and-comment rulemaking or DATES: This AD is effective August 30, 14 CFR Parts 1, 61, 101, and 107 delay effective dates when the agency, 2021. for good cause, finds that the [Docket No.: FAA–2020–1067; Amdt. No.: 1– ADDRESSES: For service information requirement is impracticable, 74A] identified in this final rule, contact: U.S. unnecessary, or contrary to the public Army Materiel Command Logistics Data RIN 2120–AL43 interest (5 U.S.C. 553(b)(B) and (d)(3)). Analysis Center (USAMC LDAC), There is good cause to waive both of Removal of the Special Rule for Model ATTN: Equipment Publication Control these requirements here as they are Aircraft; Correction Officers (EPCOs), Building 3305, Redeye unnecessary, as this action merely Road, Redstone Arsenal, AL 35898– AGENCY: Federal Aviation makes a technical correction to the 7466; phone (256) 955–7716 or 1–866– Administration (FAA), Department of amendment number of a published final 211–3367; email Transportation (DOT). rule. usarmy.redstone.ldac.mbx.logetm@ ACTION: Final rule; correction. Correction mail.mil; or at https:// SUMMARY: The FAA is correcting a final In FR Doc. 2020–26726 (85 FR 79823) enterprise.armyerp.army.mil. rule published on December 11, 2020. In published on December 11, 2020, the You may also contact the following, that final rule, which became effective following correction is made: as applicable: on the date of publication, the FAA 1. On page 79823, in the second JJASPP Engineering Services, LLC, removed the regulations codifying the column, in the heading of the final rule, 511 Harmon Terrace, Arlington, TX Special Rule for Model Aircraft as a correct ‘‘Amdt. Nos. 1–73, 61–148, 101– 76010; phone: (817) 465–4495; website: result of a change in applicable law. The 10, 107–6’’ to read ‘‘Amdt. Nos. 1–74, www.jjaspp.com. Northwest Rotorcraft, LLC, 1000 85th FAA inadvertently listed an incorrect 61–148, 101–10, 107–6’’. Ave. SE, Olympia, WA 98501; phone: amendment number for the final rule. Issued under authority provided by 49 (360) 754–7200; website: This document corrects that error. U.S.C. 106(f) and 44809, in Washington, DC. www.nwhelicopters.com. DATES: This correction is effective July Timothy R. Adams, Overseas Aircraft Support, Inc., P.O. 26, 2021. Acting Executive Director, Office of Box 898, Lakeside, AZ 85929; phone FOR FURTHER INFORMATION CONTACT: Rulemaking. (928) 368–6965; fax (928) 368–6962. Thea Dickerman, Office of Rulemaking, [FR Doc. 2021–15839 Filed 7–23–21; 8:45 am] Richards Heavylift Helo, Inc., 1181 Federal Aviation Administration, 800 BILLING CODE 4910–13–P Osprey Nest Point, Orange Park, FL Independence Avenue SW, Washington, 32073. DC 20591; telephone: 202–267–2371; Rotorcraft Development Corporation, email: [email protected]. DEPARTMENT OF TRANSPORTATION P.O. Box 430, Corvallis, MT 59828; SUPPLEMENTARY INFORMATION: On phone: (207) 329–2518; email: Federal Aviation Administration December 11, 2020, the FAA published administration@ the Removal of the Special Rule for rotorcraftdevelopment.com. 14 CFR Part 39 Model Aircraft final rule (85 FR 79823). Southwest Florida Aviation After the rule was published, the FAA [Docket No. FAA–2019–0759; Product International, Inc., 28000–A9 Airport discovered it had listed Amdt. No. 1–73 Identifier 2018–SW–075–AD; Amendment Road, Bldg. 101, Punta Gorda, FL for the changes to title 14 Code of 39–21661; AD 2021–15–14] 33982–9587. Tamarack Helicopters Inc, 2849 Federal Regulations part 1, instead of RIN 2120–AA64 Amdt. No. 1–74. McIntyre Rd, Stevensville, MT 59870; phone: (406) 777–0144; website: Electronic Access and Filing Airworthiness Directives; Various Restricted Category Helicopters www.tamarackhelicopters.com. A copy of the final rule may be WSH, LLC, 3255 S. Bodenburg LP, viewed online at http:// AGENCY: Federal Aviation Palmer, AK 99645. www.regulations.gov using the docket Administration (FAA), DOT. You may view the related service number listed above. A copy of this ACTION: Final rule. information at the FAA, Office of the final rule will also be placed in the Regional Counsel, Southwest Region, docket. Electronic retrieval help and SUMMARY: The FAA is adopting a new 10101 Hillwood Pkwy., Room 6N–321, guidelines are available on the website. airworthiness directive (AD) for various Fort Worth, TX 76177. For information It is available 24 hours each day, 365 restricted category helicopters, on the availability of this material at the days each year. An electronic copy of originally manufactured by Bell Textron FAA, call (817) 222–5110. this document may also be downloaded Inc. (Bell). This AD was prompted by Examining the AD Docket from the Office of the Federal Register’s multiple events involving failure of the website at http://www.ofr.gov and the tail boom attach structure including the You may examine the AD docket on Government Publishing Office’s website bolts. This AD requires revising the the internet at https:// at http://www.gpo.gov. existing Rotorcraft Flight Manual (RFM) www.regulations.gov by searching for for your helicopter to incorporate pre- and locating Docket No. FAA–2019– Good Cause for Adoption Without Prior flight checks; removing paint and 0759; or in person at Docket Operations Notice sealant, and cleaning; repetitive between 9 a.m. and 5 p.m., Monday Under the Administrative Procedure inspections of structural components through Friday, except Federal holidays. Act (APA) (5 U.S.C. 553), the Agency that attach the tail boom to the fuselage; The AD docket contains this AD, any generally offers interested parties the and depending on the outcome of the comments received, and other opportunity to comment on proposed inspections, repairing or replacing information. The street address for regulations and publish rules not less components, or re-bonding the Docket Operations is U.S. Department of

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Transportation, Docket Operations, locking nuts from service and replacing The FAA revised SAIB SW–18–29 to M–30, West Building Ground Floor, them with new bolts and new self- SAIB SW–18–29R1, dated February 19, Room W12–140, 1200 New Jersey locking nuts. The FAA is issuing this 2019 (SAIB SW–18–29R1), to alert all Avenue SE, Washington, DC 20590. AD to prevent separation of the tail owners and operators to clarified paint FOR FURTHER INFORMATION CONTACT: boom from the helicopter, and and sealant removal procedures and Richard R. Thomas, Aerospace subsequent loss of control of the simplify the wording of Engineer, Denver ACO Branch, helicopter. recommendations to provide clarity. Compliance & Airworthiness Division, Background of the NPRM Actions Since the NPRM Was Issued FAA, 26805 East 68th Ave., Room 214, Denver, CO 80249; phone: (303) 342– In September 2013, a tail boom Since the FAA issued the NPRM, the FAA determined it is necessary to add 1080; fax: (303) 342–1088; email: 9- separated from a UH–1B helicopter notes in the applicability to clarify that [email protected]. engaged in logging operations, resulting Southwest Florida Aviation SUPPLEMENTARY INFORMATION: in a fatal accident. The FAA notes that the National Transportation Safety International, Inc. Model SW204 and Discussion of the NPRM Board (NTSB) Final Report for that SW204HP helicopters are Model UH–1B accident identified the probable cause helicopters, and Model SW205 The FAA issued a notice of proposed helicopters are Model UH–1H rulemaking (NPRM) to amend 14 CFR as fatigue failure of the upper two tail boom attach points, which resulted in helicopters. These notes have been part 39 by adding an AD that would added to clarify the Model SW204, apply to Model EH–1H, EH–1X, HH–1H, the tail boom separating from the fuselage during logging operations.1 The SW204HP, and SW205 designations HH–1N, UH–1D, UH–1M, UH–1N, and used by Southwest Florida Aviation UH–1V helicopters operating under NTSB noted that poor maintenance throughout the helicopter’s operational International, Inc. experimental airworthiness certificates; The FAA also made edits to clarify life contributed to the accident. In and restricted category type certificated that an owner/operator (pilot) may addition to this accident, the FAA is Model HH–1K, TH–1F, TH–1L, UH–1A, perform the required checks and must aware of two forced landings due to tail UH–1B without Supplemental Type enter compliance with the applicable boom attach structure failures: One in Certificate (STC) No. SR00026DE paragraph of the AD into the helicopter May 2014 on a UH–1H helicopter installed, UH–1E, UH–1F, UH–1H, UH– maintenance records in accordance with engaged in construction operations, and 1L, and UH–1P helicopters. 14 CFR 43.9(a)(1) through (4) and one in August 2018 on a UH–1F The NPRM listed the type certificate 91.417(a)(2)(v). A pilot may perform helicopter engaged in firefighting holders for these restricted category these checks because they involve only operations. Each of the three events models as Arrow Falcon Exporters Inc.; visual checks and can be performed involved a failure of the upper left-hand AST, Inc.; Bell; California Department of equally well by a pilot or a mechanic. (LH) tail boom attach fitting. The upper Forestry; Global Helicopter Technology, These checks are an exception to the LH tail boom attach point is the most Inc.; Hagglund Helicopters, LLC; FAA’s standard maintenance heavily loaded of the four tail boom International Helicopters, Inc.; JJASPP regulations. Engineering Services, LLC; JTBAM, Inc.; attach points. Also, the FAA has learned of military Northwest Rotorcraft, LLC; Red Tail Additional Background Information design improvements of the UH–1H Flying Services, LLC; Richards Heavylift over previous variants, and further Helo, Inc.; Robinson Air Crane, Inc.; The FAA issued Special analysis of these design improvements Rotorcraft Development Corporation; Airworthiness Information Bulletin prompted extending the inspection San Joaquin Helicopters; Smith (SAIB) SW–18–29 (SAIB SW–18–29) on intervals for the UH–1H and SW205 Helicopters; Southwest Florida Aviation October 1, 2018 to alert owners and helicopters when compared to Model International, Inc.; Tamarack operators of restricted category Bell HH–1K, TH–1F, TH–1L, UH–1A, UH– Helicopters, Inc., and West Coast Model HH–1K, UH–1A, UH–1B, UH–1E, 1B without STC No. SR00026DE Fabrications. UH–1F, UH–1H, UH–1L, UH–1P, TH– installed, UH–1E, UH–1F, UH–1L, and The NPRM published in the Federal 1F, and TH–1L helicopters to failure of UH–1P helicopters. Register on October 31, 2019 (84 FR the tail boom attach structure. SAIB Additionally, since the NPRM was 58341). The NPRM was prompted by a SW–18–29 recommends adhering to the issued, the type certificate held by San series of events involving failure of the helicopter’s Instructions for Continued Joaquin Helicopters is now held by tail boom attach structure on several Airworthiness, which includes a WSH, LLC, and the type certificate held restricted category military surplus repetitive 100 hour time-in-service (TIS) by JTBAM INC., is now held by helicopters. inspection of the tail boom attach Overseas Aircraft Support, Inc. This In the NPRM, the FAA proposed to structure on both sides of the four attach final rule reflects these changes and require revising the existing RFM for points and recommends keeping the updates the contact information to that your helicopter to incorporate pre-flight fittings on both sides of all four attach of the new type certificate holders. checks; removing paint and sealant, and points, the cap angles running forward Since the NPRM was published, the cleaning structural components that from the fuselage side fitting, and the FAA has also removed all helicopter attach the tail boom to the fuselage; longerons running aft from the tail boom models operating under experimental repetitive inspections of the cleaned side fitting, clean and free of paint and airworthiness certificates from this final structural components; repairing any non-faying sealant; and inspecting rule. The FAA has chosen to minimize scratches, nicks, gouges, tears, and for cracks in the attach structure with a regulations on experimental aircraft that corrosion within allowable limits; borescope. do not have an FAA type certificate replacing structural components with because of the level of the safety risk on non-repairable damage, cracks, 1 The NTSB Aviation Accident Final Report for the individual helicopter. buckling, or distortion; removing loose, NTSB accident number WPR13FA411 is available Further, since the NPRM was on the NTSB’s website at https://data.ntsb.gov/ missing, or smoking rivets from service; carol-repgen/api/Aviation/ReportMain/ published, the FAA has removed the re-bonding structures with dis-bonds; GenerateNewestReport/88058/pdf, accessed July 1, wording, ‘‘39-inch extended landing and removing loose bolts and self- 2021. gear installed per STC SR01742NY’’

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from Figure (1) of this AD and from the may consider additional rulemaking if experimental category airworthiness required actions paragraph, because necessary. certificate from the applicability. All other STCs may also extend the gear. One commenter asked if the forced helicopters with an experimental The FAA also revised the required landings cited in SAIB SW–18–29R1 category airworthiness certificate have actions paragraph to state ‘‘retorque’’ involved UH–1H helicopters and if been removed from the applicability of instead of ‘‘retighten’’ regarding any these helicopters had the following this AD. The FAA has chosen to replaced bolt, and revised the phrase STCs installed: SR01196LA, minimize regulations on experimental ‘‘existing maintenance manual’’ to SR00929SE, SR01470SE, or SR02051LA. aircraft that do not have an FAA type The commenter stated these STCs add instead read ‘‘existing maintenance certificate. Nonetheless, the FAA extra horsepower and tail rotor instructions.’’ The FAA updated recommends that operators of Model ‘‘attach’’ and ‘‘attachment’’ wording authority. The commenter requested information on whether a combination UH–1 series helicopters that are listed throughout the final rule as applicable. in the applicability and do not have a The ADDRESSES paragraph has been of these STCs allow the tail rotor control authority to exceed the structural type certificate comply with this AD. revised to add contact information for The FAA disagrees with limiting the Army Publishing Directorate and to limitations of the tail boom attach applicability to those models operating remove contact information for AST, fittings in response to sharp tail rotor under restricted category ‘‘repetitive Inc., and Robinson Air Crane Inc. control inputs. One of the helicopters forced to land heavy lift operations’’ or those having Finally, as mentioned in the NPRM, as described in SAIB SW–18–29R1 was more than 20 cycles per hour. The FAA the FAA still plans to conduct a UH–1H helicopter. Another helicopter additional rulemaking to address Model is not aware of any data indicating that was a UH–1F, which is a variant of the UH–1B helicopters with STC No. tail boom attachment failures only occur UH–1B. The UH–1H had all four of the SR00026DE installed. on helicopters engaging in repetitive mentioned STCs installed at the time of heavy lift operations or those having Discussion of Final Airworthiness the forced landing. The data reviewed more than 20 cycles per hour. Directive Comments by the FAA indicates the cause of the failure mode is fatigue. These STCs Request for the FAA To Change the After the NPRM was published, the alone or in combination may increase Related Service Information Section of FAA received comments from four tail boom loads but those load increases the AD commenters. The following presents the would only marginally increase the rate comments received on the NPRM and at which the tail boom attach structure One commenter requested the FAA the FAA’s response to the comments. fatigues. The inspection intervals add Bell Information Letter, GEN–18– Support for the NPRM mandated in this AD take into account 138, Revision A, dated August 9, 2018 this marginal increase in the rate of (GEN–18–138), to this AD when Aircraft Structural Repair, Inc., discussing replacement of tail boom supported the NPRM. fatigue. The FAA is not aware of any data that the occasional increased loads attaching bolts. The commenter Comments Requesting More associated with these STCs would lead explained GEN–18–138 notifies owners Information directly to an exceedance of structural and operators that Bell recently An individual commenter requested margins in the absence of fatigue. superseded self-locking nuts part number (P/N) MS21042. the FAA provide a list of active short Request for the FAA To Change the fuselage models and expressed concern Applicability of the AD The FAA partially agrees. The FAA about availability of replacement parts. An individual commenter requested agrees that Bell superseded the original The FAA estimates the U.S fleet of the FAA remove Model HH–1N and series of self-locking nuts on Model short fuselage models at 75 helicopters UH–1N helicopters from the HH–1K, SW204, SW204HP, TH–1F, based on data provided by Bell and a applicability paragraph of this AD TH–1L, UH–1A, UH–1B without STC review of FAA aircraft registration stating these models have ‘‘a completely No. SR00026DE installed, UH–1E, UH– records. Specific short fuselage models different tail boom longeron and attach 1F, UH–1L, and UH–1P helicopters included in this estimate are HH–1K, fitting.’’ according to information provided by SW204, SW204HP, TH–1F, TH–1L, UH– The FAA agrees these models have a Bell to the FAA. Self-locking nut P/N 1A, UH–1B without STC No. different tail boom attach structure than NAS9926–7L supersedes the original SR00026DE installed, UH–1E, UH–1F, the other models listed in the self-locking nut P/N NAS679A7 for the UH–1L, and UH–1P helicopters. It is applicability. These models have been upper LH attach point and self-locking possible spare parts may not be readily removed from this AD. nut P/N NAS679A7 supersedes the available to replace parts that fail the Northwest Helicopters requested the original self-locking nut P/N NAS679A6 inspection requirements of this AD; FAA change the applicability to remove for the other three attach points. The however, the FAA cannot base its AD all Model UH–1 series helicopters required actions section of this AD has action on whether spare parts are operating under experimental exhibition been revised to require the installation readily available or available at all. (EE) airworthiness certificates and of self-locking nut P/N NAS9926–7L or While every effort is made to avoid requested the FAA limit the grounding aircraft, the FAA must P/N NAS9926–6L whenever an attach applicability to those models operating bolt is replaced. The FAA disagrees that address the unsafe condition. under restricted category ‘‘repetitive GEN–18–138 addresses the self-locking An individual commenter requested heavy lift operations’’ or those having nuts on helicopter models affected by the FAA provide information on more than 20 cycles per hour. whether a similar AD is being Northwest Helicopters states it is this AD. The original self-locking nuts considered for Bell Model 204B unaware of any tail boom attach point mentioned in GEN–18–138 do not helicopters. failure on any EE Model UH–1H include the original self-locking nuts on The FAA is reviewing data to helicopters. the helicopter models affected by this determine if this unsafe condition exists The FAA agrees with the request to AD. on additional helicopter models and remove helicopters with an

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Request for the FAA To Change the Request for the FAA To Approve an concluded the existing maintenance Requirement To Use a Borescope for Alternative Method of Compliance instructions lack sufficient detail to Inspection (AMOC) to the NPRM minimize the risk of an in-flight failure One commenter requested that the One individual stated an intent to of the tail boom attach structure. FAA limit the requirement to use a submit several UH–1H modifications as Further, the FAA finds the need to borescope for inspection to certain an AMOC explaining the modifications mandate inspections through issuance helicopters models with baggage are less likely to fail than the original of an AD to correct the unsafe condition compartments. structure. identified in this final rule. The FAA disagrees. The FAA The FAA agrees that the public may Conclusion inspected a Model UH–1H helicopter submit AMOC requests to the FAA in accordance with 14 CFR 39.19. The FAA reviewed the relevant data, without a baggage compartment and considered the comments received, and determined that while all of the fuselage One individual requested that the FAA consider the installation of a determined that air safety and the side attach structure is visible and public interest require adopting this within arm’s reach, the tail boom side modified upper LH fitting tail boom attach fitting on various model final rule with the changes described attach structure is not. Furthermore, due previously. These changes are to the equipment in the fuselage side oil helicopters per U.S. Army ‘‘Modification Work Order (MWO 55– consistent with the intent of the cooler bay and the confined space in the proposals in the NPRM. The FAA also tail boom, accessing the tail boom side 1520–211–40/1)’’ as an AMOC, stating the modified attach fitting is less likely determined that these changes will structure is difficult. Also, the upper neither increase the economic burden right hand tail boom side attach to fail than the original fitting and no reported failures were noted for tail on any operator nor increase the scope structure is located behind a tail rotor of this AD. pitch control rod. These factors make it booms modified per MWO 55–1520211– difficult to perform a thorough 40/1. A second individual questioned Related Service Information whether MWO 55–1520–211–40/1 inspection with only a mirror and The FAA reviewed portions of the would be considered as an AMOC. magnification. following related service information: The FAA disagrees that an upper LH • Headquarters, Department of the Request for the FAA to Change the fitting modified in accordance with Army, Aviation Unit and Intermediate Compliance Time MWO 55–1520–211–40/1 addresses this Maintenance Instructions Model UH– unsafe condition. The FAA reviewed Northwest Helicopters requested the 1H/V/EH–1H/X Helicopters, Technical Letter Report, Product Improvement FAA adjust the inspection intervals to Manual TM 55–1520–210–23–1, Change Test of UH–1B Tail Boom Fitting, correlate with existing AD inspection 42, dated April 14, 2003. This service RDT&E Project No. None, USATECOM intervals to simplify the maintenance information contains tail boom hoisting/ Project No. 4–5–0101–04, dated June 29, program for restricted category handling instructions; hard landing, tail 1966, which contains an evaluation of helicopters other than ‘‘repetitive heavy rotor blade strike, and sudden stoppage MWO 55–1520–211–40/1. The FAA lift’’ Model UH–1 series helicopters. due to compressor stall tail boom determined that the average total cycles Northwest Helicopters stated a current inspection requirements; tail boom accumulated on UH–1B helicopters AD requires inspection of the main rotor removal and installation instructions affected by this AD substantially blades for cracks before further flight including attach bolt installation and exceeds the Army evaluation test cycles. and every 14 days or 25 hours TIS, tightening instructions, tail boom attach Therefore, the FAA concluded MWO whichever occurs first. Northwest 55–1520–211–40/1 does not adequately fitting inspection instructions, tail boom Helicopters stated that adopting the address the unsafe condition. and fuselage attach fitting bolt hole wear same intervals would allow both ADs to limits, allowable tail boom attach fitting be completed at the same time to Request for the FAA To Withdraw the damage and corrosion repair provide convenience. NPRM instructions; loose attach fitting fastener The FAA disagrees with the request to An individual commenter requested inspection and replacement change the compliance time for the FAA withdraw the NPRM. The instructions; tail boom attach fitting inspections required by this final rule to commenter explained that issuing this replacement instructions; classification be consistent with the compliance times AD would add an unnecessary burden of damage as negligible, repairable or for inspections required by AD 2018– to operators with a negligible increase in requiring replacement for tail boom 02–07, Amendment 39–19160 (83 FR safety and the AD is unnecessary based structure including rivets, fasteners, tail 2361, January 17, 2018) (AD 2018–02– on the series of accidents and incidents boom attach fittings, stringers, and 07). AD 2018–02–07 requires an initial discussed in the NPRM. The commenter longerons; tail boom structural material inspection within 25 hours TIS or 2 stated helicopters that are operated specifications; allowable area for weeks, whichever occurs first. within their operating limits and damage repair of tail boom attach Thereafter, AD 2018–02–07 requires properly maintained are unlikely to fittings; longeron damage limits and repetitive inspections within 25 hours experience an inflight failure before repair criteria; and stringer repair TIS or 2 weeks, whichever occurs first. cracks are detected because of existing instructions. This final rule requires an initial inspection guidance. The commenter • Headquarters, Department of the inspection within 25 hours TIS, without also stated that in the two accidents Army, Aviation Unit Maintenance and a calendar time requirement. Thereafter, cited by the FAA, the helicopter was Aviation Intermediate Maintenance this final rule requires repetitive operated in an area not conducive to Manual for General Aircraft inspections for certain helicopters proper maintenance and was engaged in Maintenance (Sheet Metal Shop within 25 hours TIS. Owners or logging operations, which the Practices) Volume 10, Technical Manual operators may choose to perform the commenter asserts are known for TM 1–1500–204–23–10, Change 3, dated inspections required by this AD at 2 exceeding the helicopter’s torque and August 20, 2004. This service week intervals provided the inspections weight limitations. information contains general occur within the 25 hours TIS required The FAA disagrees with the request to information pertaining to the repair of by this AD. withdraw the NPRM. The FAA has aircraft structures, structural metals,

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forming of replacement structure, rivets attach fitting structural loads; tail boom flight of the day takes about 0.5 work- and riveting techniques, airframe sheet differences between helicopter models; hour, for an estimated cost of $43 per metal repair, and sandwich construction required depot level modifications; tail helicopter per check and $15,437 for the repair. boom structure isometric figures U.S. fleet per check. • Headquarters, Department of the identifying the structural components; Removing excess paint and sealant, Army, Rotorcraft Development instructions to inspect the tail boom and cleaning all eight tail boom attach Corporation, UH–1B Aircraft Preventive longerons for dents, cracks, holes, tears, fittings takes about 5 work-hours and Maintenance Services, Technical corrosion, and distortion; longeron has a nominal materials cost, for an Manual TM 55–1520–219–PMS, Change repair limits and repair instructions; estimated cost of $425 per helicopter 7, dated August 9, 1976. This service instructions to inspect attach fittings for per instance and $152,575 for the U.S. information contains requirements to cracks and hole elongation; attach fitting fleet per instance. inspect the tail boom attach bolts for repair limits and repair instructions; tail Inspecting all four tail boom attach security and the fittings for cracks daily boom attach fitting deburr before points for scratches, nicks, gouges, tears, and every 25, 50, 75, and 100 flight bonding to longeron instructions; and a corrosion, cracks, bond separation, hours; and to inspect the tail boom requirement to dye penetrant inspect loose, missing, and smoking rivets, interior structure and longerons for the tail boom attach fittings. buckling, distortion, attach bolt exposed damage, cracks, and corrosion every 100 For additional information about threads, and attach bolt movement takes flight hours. related service information, please see about 4 work-hours, for an estimated • Headquarters, Department of the the published NPRM. cost of $340 per helicopter per Army, UH–1B DS and GS Maintenance inspection and $122,060 for the U.S. Manual, Technical Manual TM 55– Differences Between This AD and the Service Information fleet per inspection. 1520–219–34, Change 9, dated June 5, Inspecting only the upper LH tail 1972. This service information contains This AD requires the pre-flight tail boom attach point for scratches, nicks, instructions to remove and install the boom attachment check be performed gouges, tears, corrosion, cracks, bond tail boom; attach bolt exposed thread with a flashlight and the initial and separation, loose, missing, and smoking limits; attach bolt tightening recurring inspections be performed with rivets, buckling, distortion, attach bolt instructions with instructions for a bright light and borescope. The service exposed threads, and attach bolt manufacturing a special torque wrench information does not specify any items movement takes about 0.5 work-hour, extension; allowable tail boom attach to assist with the required checks or for an estimated cost of $43 per fitting hole diameters; damage inspections. This AD requires pushing helicopter per inspection. classifications for tail boom skin, on the tail boom while performing The FAA cannot estimate the costs to stringers and longerons as negligible, certain inspections. The service do any allowable repair based on the reparable by patching, reparable by information does not. On the fuselage results of the inspections and the FAA insertion, or damage necessitating side, this AD requires paying particular has no way of determining the number replacement; and instructions for field attention to the fitting sections near the of helicopters that might need repair. manufacture of P/N 204–030–800–443, rivets closest to the attach bolt, and the The FAA estimates the following Tail Boom Assembly Cover. cap angle rivets next to the fittings. On costs to do any necessary replacements • Headquarters, Department of the the tail boom side, this AD requires based on the results of the inspections. Army, UH–1H/V and EH–1H/X Aircraft paying particular attention to the fitting The FAA has no way of determining the Phased Maintenance Checklist, sections near the rivets closest to the number of helicopters that might need Technical Manual TM 55–1520–210– attach bolt. The service information these replacements. PM, Change 22, dated May 8, 2002. This does not single out these fitting sections. • Replacing a tail boom attach fitting service information contains phased This AD requires removing any cracked takes about 33 work-hours and parts inspection requirements for the tail components from service, while the cost about $1,500 for an estimated cost boom interior and fuselage heater service information allows stop drilling of $4,305. compartment to check for damage, of certain cracks. This AD requires • Replacing a tail boom attach fitting, cracks, and corrosion. removing any loose attach bolts and longeron, and doubler (longeron bond • Headquarters, Department of the their self-locking nuts from service and assembly) takes about 42 work-hours Army, UH–1H/V and EH–1H/X Aircraft replacing them with new bolts and new and parts cost about $7,000 (rebuilt) or Preventative Maintenance Daily self-locking nuts. The service $21,270 (new) for an estimated cost of Inspection Checklist, Technical Manual information does not require $10,570 (rebuilt) or $24,840 (new parts). TM 55–1520–210–PMD, Change 11, replacement of any loose attach bolts. • Replacing a fuselage attach fitting dated April 11, 2003. This service takes about 45 work-hours and parts Costs of Compliance information contains preventative daily cost about $1,838 for an estimated cost maintenance instructions to be The FAA estimates that this AD of $5,663. accomplished prior to the first flight of affects 359 helicopters of U.S. registry. • Replacing a fuselage cap angle takes the day to inspect for loose or missing The FAA estimates that operators may about 42 work-hours and parts cost rivets, the tail boom attachment bolts for incur the following costs in order to about $1,827 for an estimated cost of security, and tail boom attachment comply with this AD. Labor costs are $5,397. fittings and longerons up to 12 inches estimated at $85 per work-hour. • Replacing an attach bolt and self- from the fittings for cracks. Revising the existing RFM for your locking nut takes about 1 work-hour and • U.S. Army Aviation and Missile helicopter takes about 0.5 work-hour, parts cost about $313 for an estimated Command Depot Maintenance Work for an estimated cost of $43 per cost of $398. Requirement DMWR 55–1560–222, All helicopter and $15,437 for the U.S. fleet. H–1Series Tailboom Structural The pre-flight check before each flight Authority for This Rulemaking Assemblies, Change 6, dated June 18, takes about 0.25 work-hour, for an Title 49 of the United States Code 2002. This service information contains estimated cost of $21 per helicopter per specifies the FAA’s authority to issue descriptions of the tail boom structure check and $7,539 for the U.S. fleet per rules on aviation safety. Subtitle I, and guidance explaining tail boom check. The pre-flight check before first section 106, describes the authority of

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the FAA Administrator. Subtitle VII: PART 39—AIRWORTHINESS Development Corporation; and Tamarack Aviation Programs, describes in more DIRECTIVES Helicopters, Inc., Model UH–1F helicopters; detail the scope of the Agency’s (8) Arrow Falcon Exporters Inc.; Global authority. ■ 1. The authority citation for part 39 Helicopter Technology, Inc.; Hagglund continues to read as follows: Helicopters, LLC; JJASPP Engineering The FAA is issuing this rulemaking Services, LLC; Northwest Rotorcraft, LLC; under the authority described in Authority: 49 U.S.C. 106(g), 40113, 44701. Overseas Aircraft Support, Inc.; Richards Subtitle VII, Part A, Subpart III, Section § 39.13 [Amended] Heavylift Helo, Inc.; Rotorcraft Development 44701: General requirements. Under Corporation; Southwest Florida Aviation that section, Congress charges the FAA ■ 2. The FAA amends § 39.13 by adding International, Inc.; and Tamarack with promoting safe flight of civil the following new airworthiness Helicopters, Inc., Model UH–1H helicopters; aircraft in air commerce by prescribing directive: Note 2 to paragraph (c)(8): Helicopters with an SW205 designation are Southwest regulations for practices, methods, and 2021–15–14 Various Restricted Category procedures the Administrator finds Helicopters: Amendment 39–21661; Florida Aviation International, Inc., Model UH–1H helicopters. necessary for safety in air commerce. Docket No. FAA–2019–0759; Product Identifier 2018–SW–075–AD. (9) Bell; Overseas Aircraft Support, Inc.; This regulation is within the scope of and Rotorcraft Development Corporation that authority because it addresses an (a) Effective Date Model UH–1L helicopters; and unsafe condition that is likely to exist or This airworthiness directive (AD) is (10) Robinson Air Crane, Inc.; and develop on products identified in this effective August 30, 2021. Rotorcraft Development Corporation Model rulemaking action. UH–1P helicopters. (b) Affected ADs Regulatory Findings None. (d) Subject Joint Aircraft System Component (JASC): The FAA determined that this AD (c) Applicability 5302, Rotorcraft Tail Boom. will not have federalism implications This AD applies to various restricted under Executive Order 13132. This AD category helicopters originally manufactured (e) Unsafe Condition will not have a substantial direct effect by Bell Textron Inc., (Bell) certificated in any This AD was prompted by multiple events on the States, on the relationship category, including but not limited to: involving failure of the tail boom attach between the national government and (1) Rotorcraft Development Corporation structure, including the bolts. The FAA is Model HH–1K helicopters; issuing this AD to address fatigue cracking of the States, or on the distribution of (2) Robinson Air Crane Inc.; Rotorcraft power and responsibilities among the tail boom attach fittings, cap angles, Development Corporation; and Tamarack longerons, and bolts. The unsafe condition, if various levels of government. Helicopters, Inc., Model TH–1F helicopters; not addressed, could result in separation of For the reasons discussed above, I (3) Bell; Overseas Aircraft Support, Inc. the tail boom from the helicopter and certify that this AD: (type certificate previously held by JTBAM, subsequent loss of control of the helicopter. Inc.); and Rotorcraft Development (1) Is not a ‘‘significant regulatory Corporation Model TH–1L helicopters; (f) Compliance action’’ under Executive Order 12866, (4) Richards Heavylift Helo, Inc., Model Comply with this AD within the (2) Will not affect intrastate aviation UH–1A helicopters; compliance times specified, unless already in Alaska, and (5) International Helicopters, Inc.; Overseas done. Aircraft Support, Inc.; Red Tail Flying (3) Will not have a significant Services, LLC; Richards Heavylift Helo, Inc.; (g) Required Actions economic impact, positive or negative, Rotorcraft Development Corporation; (1) Before further flight, revise the on a substantial number of small entities Southwest Florida Aviation International, limitations section of the existing Rotorcraft under the criteria of the Regulatory Inc.; and WSH, LLC (type certificate Flight Manual (RFM) for your helicopter by previously held by San Joaquin Helicopters), Flexibility Act. adding the information in Figure 1 to Model UH–1B helicopters without paragraph (g)(1) of this AD or by inserting a List of Subjects in 14 CFR Part 39 Supplemental Type Certificate (STC) No. copy of this AD. The action required by this SR00026DE installed; Air transportation, Aircraft, Aviation Note 1 to paragraph (c)(5): Helicopters paragraph and the checks required by Figure safety, Incorporation by reference, with an SW204 or SW204HP designation are 1 to paragraph (g)(1) of this AD may be done Safety. Southwest Florida Aviation International, by the owner/operator (pilot) holding at least Inc., Model UH–1B helicopters. a private pilot certificate and must be entered Adoption of the Amendment (6) Bell; Overseas Aircraft Support, Inc.; into the aircraft records showing compliance Rotorcraft Development Corporation; Smith with this AD by following 14 CFR 43.9 (a)(1) Accordingly, under the authority Helicopters; and West Coast Fabrications through (4) and 14 CFR 91.417(a)(2)(v). The delegated to me by the Administrator, Model UH–1E helicopters; record must be maintained as required by 14 the FAA amends 14 CFR part 39 as (7) AST, Inc.; California Department of CFR 91.417, 121.380, or 135.439. follows: Forestry; Robinson Air Crane, Inc.; Rotorcraft BILLING CODE 4910–13–P

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PRE-FLIGHT TAIL BOOM ATTACHMENT CHECK (1) Before each flight, use two hands to push on the tail boom at the third vertical rivet line aft of the trailing edge of the elevator to check for looseness of the tail boom. Gradually apply and relieve pressure using body weight a minimum of three times in each of the following directions: inboard pushing from the left; inboard pushing from the right; and upward pushing from the bottom. If there is any looseness, further flight is prohibited until looseness is repaired and the helicopter is approved for return to service. Note 1 to paragraph (1) of this check: This check is not required if the tail boom cannot be reached from ground level. (2) Before the first flight of each day: with the oil cooler/baggage compartment door on the right hand side of the helicopter open to gain access to the interior of the tail boom, and with an additional person applying and relieving pressure as detailed in paragraph (1) and using a flashlight, first, check for upper left hand attach bolt movement by observing the torque stripe if present and attempting to rotate the bolt by hand, and second, check the upper left hand tail boom attach structure for any loose and missing rivets, and any cracks in the following areas: on the fuselage side, check the fitting and the cap angle running forward from the fitting for any cracks, paying particular attention to the fitting section near the rivets closest to the attach bolt and the cap angle rivets next to the fitting; and on the tail boom side, check the fitting and the longeron running aft from the fitting for any cracks, paying particular attention to the fitting section near the rivets closest to the attach bolt. If the attach bolt torque stripe is no longer aligned or the bolt rotates by hand, further flight is prohibited until the attach bolt and self-locking nut are removed from service, replaced with a new bolt and new self-locking nut, and the helicopter is approved for return to service. If there are any loose or missing rivets, or cracks, further flight is prohibited until loose and missing rivets, and cracked components are removed from service and the helicopter is approved for return to service. Note 2 to paragraph (2) of this check: It is not required to push on the tail boom if it cannot be reached from ground level while checking for attach bolt movement, loose and missing rivets, and cracks.

Figure 1 to Paragraph (g)(l)

BILLING CODE 4910–13–C the helicopter to gain access to the interior Remove paint and stray sealant and clean the (2) Within 25 hours time-in-service (TIS): of the tail boom. four cap angles, forward of the fuselage (i) Open the oil cooler/baggage (ii) Remove paint and stray sealant and fittings, for at least 12 inches from the end compartment door on the right hand side of clean the eight attach fittings (four on the tail of the fittings. Remove paint and stray sealant boom side and four on the fuselage side). and clean the four longerons, aft of the tail

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boom fittings, for at least 12 inches from the bolt moves, before further flight, remove the Issued on July 18, 2021. end of the fittings. It is only necessary to bolt and self-locking nut from service and Ross Landes, replace with a new bolt and new self-locking remove the topcoat. Primer may be left in Deputy Director for Regulatory Operations, nut. Self-locking nuts on Model HH–1K, place and edge and fillet sealant may be left Compliance & Airworthiness Division, in place. If any primer or edge or fillet sealant SW204, SW204HP, TH–1F, TH–1L, UH–1A, Aircraft Certification Service. is removed, before further flight, reapply the UH–1B without STC No. SR00026DE removed primer and sealant. installed, UH–1E, UH–1F, UH–1L, and UH– [FR Doc. 2021–15721 Filed 7–23–21; 8:45 am] Note 3 to paragraph (g)(2)(ii): On some 1P helicopters must be replaced with self- BILLING CODE 4910–13–P models, the baggage compartment floor and locking nut P/N NAS9926–7L at the upper net must be removed to gain access to the LH attach point and self-locking nut P/N lower fuselage attach fittings and cap angles. NAS9926–6L at the other three attach points. DEPARTMENT OF TRANSPORTATION (iii) With an additional person pushing on (vi) After the first flight following any bolt the tail boom at the third vertical rivet line replacement as required by paragraph (g)(iv) Federal Aviation Administration aft of the trailing edge of the elevator with or (v) of this AD, retorque any replaced bolt both hands and gradually applying and by applying torque in accordance with the 14 CFR Part 71 relieving pressure using body weight a existing maintenance instructions for your minimum of three times in each of the helicopter in the tightening direction only [Docket No. FAA–2020–1100; Airspace following directions: Inboard pushing from and then apply a torque stripe on the bolt Docket No. 20–AGL–1] the left; inboard pushing from the right; and head. upward pushing from the bottom; and using (3) For Model HH–1K, TH–1F, TH–1L, RIN 2120–AA66 a bright light and borescope, inspect each of UH–1A, UH–1B without STC No. SR00026DE the four tail boom attach structures for installed, UH–1E, UH–1F, UH–1L, and UH– Amendment of V–9, V–63, V–100, V– cracks, bond separation, and loose rivets. On 1P helicopters and Southwest Florida 158, V–171, and T–325; and Revocation the fuselage side, inspect the fittings and the Aviation International, Inc. Model SW204 of V–127 in the Vicinity of Rockford, IL cap angles running forward from the fittings, and SW204HP helicopters, at intervals not to paying particular attention to the fitting exceed 25 hours TIS, perform the actions AGENCY: Federal Aviation sections near the rivets closest to the attach required by paragraphs (g)(2)(i) through (vi) Administration (FAA), DOT. bolts and the cap angle rivets next to the of this AD, except you are only required to ACTION: Final rule. fittings. On the tail boom side, inspect the perform the actions on the upper LH tail fittings and the longerons running aft from boom attach structure including the bolt. SUMMARY: This action amends VHF the fittings, paying particular attention to the (4) For Model HH–1K, TH–1F, TH–1L, Omnidirectional Range (VOR) Federal fitting sections near the rivets closest to the UH–1A, UH–1B without STC No. SR00026DE airways V–9, V–63, V–100, V–158, and attach bolts. Without pushing on the tail installed, UH–1E, UH–1F, UH–1L, and UH– 1P helicopters and Southwest Florida V–171; amends Area Navigation (RNAV) boom, and using a bright light and borescope, route T–325; and removes VOR Federal inspect each of the four tail boom attach Aviation International, Inc. Model SW204 structures for scratches, nicks, gouges, tears, and SW204HP helicopters, at intervals not to airway V–127 in the vicinity of corrosion, buckling, and distortion, and for exceed 100 hours TIS, perform the actions Rockford, IL. The air traffic service loose, missing, and smoking rivets. If there required by paragraphs (g)(2)(i) through (vi) (ATS) route modifications are necessary are any scratches, nicks, gouges, tears, or of this AD at all four tail boom attach points. due to the planned decommissioning of corrosion within allowable limits, before (5) For Model UH–1H helicopters and the VOR portion of the Rockford, IL, further flight, repair the affected components. Southwest Florida Aviation International, VOR/Distance Measuring Equipment Inc. Model SW205 helicopters, at intervals If there are any scratches, nicks, gouges, (VOR/DME) navigational aid (NAVAID). tears, or corrosion that exceed allowable not to exceed 150 hours TIS, perform the actions required by paragraphs (g)(2)(i) Except for RNAV route T–325, the limits, or any cracks, buckling or distortion, Rockford VOR/DME NAVAID provides or loose, missing, or smoking rivets, before through (vi) of this AD on all four tail boom further flight, remove the affected attach points. navigation guidance for portions of the affected routes listed above. The components from service. If there is any bond (h) Special Flight Permit separation, before further flight, re-bond the Rockford VOR is being decommissioned Special flight permits are prohibited. affected components. as part of the FAA’s VOR Minimum Note 4 to paragraph (g)(2)(iii): It is not (i) Alternative Methods of Compliance Operational Network (MON) program. required to push on the tail boom if it cannot (AMOCs) DATES: Effective date 0901 UTC, October be reached from ground level while (1) The Manager, Denver ACO Branch, 7, 2021. The Director of the Federal inspecting for cracks, bond separation, and FAA, has the authority to approve AMOCs Register approves this incorporation by loose rivets. for this AD, if requested using the procedures (iv) Inspect each of the four tail boom reference action under 1 CFR part 51, found in 14 CFR 39.19. In accordance with subject to the annual revision of FAA attach bolts for exposed threads. If there is 14 CFR 39.19, send your request to your less than one full thread or more than three principal inspector or local Flight Standards Order 7400.11 and publication of threads exposed, before further flight, remove District Office, as appropriate. If sending conforming amendments. the bolt and self-locking nut from service and information directly to the manager of the ADDRESSES: FAA Order 7400.11E, replace with a new bolt and new self-locking certification office, send it to the attention of Airspace Designations and Reporting nut. Self-locking nuts on Model HH–1K, the person identified in paragraph (j) of this Points, and subsequent amendments can SW204, SW204HP, TH–1F, TH–1L, UH–1A, AD. UH–1B without STC No. SR00026DE be viewed online at https:// (2) Before using any approved AMOC, _ installed, and Model UH–1E, UH–1F, UH–1L, notify your appropriate principal inspector, www.faa.gov/air traffic/publications/. and UH–1P helicopters must be replaced or lacking a principal inspector, the manager For further information, you can contact with self-locking nut part number (P/N) of the local flight standards district office/ the Rules and Regulations Group, NAS9926–7L at the upper left-hand (LH) certificate holding district office. Federal Aviation Administration, 800 attach point and self-locking nut P/N Independence Avenue SW, Washington, (j) Related Information NAS9926–6L at the other three attach points. DC 20591; telephone: (202) 267–8783. (v) Inspect each of the four tail boom attach For more information about this AD, The Order is also available for bolts for movement by either applying the contact Richard R. Thomas, Aerospace required installation torque in the tightening Engineer, Denver ACO Branch, Compliance & inspection at the National Archives and direction only, or by inspecting for torque Airworthiness Division, FAA, 26805 East Records Administration (NARA). For stripe misalignment if present and attempting 68th Ave., Room 214, Denver, CO 80249; information on the availability of FAA to rotate the bolt by hand. If a bolt is under- phone: (303) 342–1080; fax: (303) 342–1088; Order 7400.11E at NARA, email: torqued, a torque stripe is misaligned, or a email: [email protected]. [email protected] or go to https://

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www.archives.gov/federal-register/cfr/ document. FAA Order 7400.11E lists segment overlying the Rockford, IL, ibr-locations.html. Class A, B, C, D, and E airspace areas, VOR/DME between the Dubuque, IA, FOR FURTHER INFORMATION CONTACT: air traffic service routes, and reporting VORTAC and the Northbrook, IL, VOR/ Colby Abbott, Rules and Regulations points. DME is removed. The unaffected portions of the existing airway remain Group, Office of Policy, Federal Differences From the NPRM Aviation Administration, 800 as charted. Independence Avenue SW, Washington, In the NPRM, the FAA proposed to V–127: V–127 extends between the DC 20591; telephone: (202) 267–8783. amend RNAV route T–325 by removing Bradford, IL, VORTAC and the the Terre Haute VOR/Tactical Air SUPPLEMENTARY INFORMATION: Rockford, IL, VOR/DME. The airway is Navigation (VORTAC) and replacing it removed in its entirety. Authority for This Rulemaking with the JIBKA, IN, waypoint (WP) and V–158: V–158 extends between the The FAA’s authority to issue rules then extending the route northward Mason City, IA, VORTAC and the regarding aviation safety is found in from the JIBKA, IN, WP to the Oshkosh, intersection of the Polo, IL, VOR/DME Title 49 of the United States Code. WI, VORTAC. The proposed RNAV 122° and the Rockford, IL, VOR/DME Subtitle I, Section 106 describes the route T–325 description in the 169° radials (SHOOF fix). The airspace authority of the FAA Administrator. regulatory text section of the NPRM within R–3302 is excluded. The airway Subtitle VII, Aviation Programs, inadvertently listed the RENRO, KY, is retained by redefining the SHOOF fix describes in more detail the scope of the route point as a FIX, in error. The as the intersection of the Polo, IL, VOR/ agency’s authority. This rulemaking is correct reference for the RENRO, KY, DME 122° and Davenport, IA, VORTAC, promulgated under the authority route point should have reflected it as 087° radials. The existing airway described in Subtitle VII, Part A, a WP. As such, the proposed T–325 remains as charted and the exclusion Subpart I, Section 40103. Under that route description in the NPRM should language remains unchanged. section, the FAA is charged with have reflected the RENRO, KY, route V–171: V–171 extends between the prescribing regulations to assign the use point as a ‘‘WP’’ instead of ‘‘FIX.’’ This Lexington, KY, VOR/DME and the of the airspace necessary to ensure the RNAV route point correction to the Rockford, IL, VOR/DME; and between safety of aircraft and the efficient use of T–325 description is included in this the Nodine, MN, VORTAC and the airspace. This regulation is within the action. Roseau, MN, VOR/DME. The airway segment between the Joliet, IL, VOR/ scope of that authority as it modifies the The Rule route structure as necessary to preserve DME and the Rockford, IL, VOR/DME is the safe and efficient flow of air traffic This action amends 14 CFR part 71 by removed. The unaffected portions of the within the National Airspace System. modifying VOR Federal airways V–9, existing airway remain as charted. V–63, V–100, V–158, and V–171; The RNAV T-route changes are History modifying RNAV route T–325; and outlined below. The FAA published a notice of removing VOR Federal airway V–127. T–325: T–325 extends between the proposed rulemaking for Docket No. The planned decommissioning of the Bowling Green, KY, DME NAVAID and FAA–2020–1100 in the Federal Register VOR portion of the Rockford, IL, VOR/ the Terre Haute, IN, VORTAC. The (85 FR 81433; December 16, 2020), DME has made this action necessary. Terre Haute VORTAC route point is amending VOR Federal airways V–9, The VOR Federal airway changes are removed and replaced with the JIBKA, V–63, V–100, V–158, and V–171; outlined below. IN, WP located near the Terre Haute amending RNAV route T–325; and V–9: V–9 extends between the VORTAC, and the route is extended removing VOR Federal airway V–127 in Leeville, LA, VORTAC and the northward from the JIBKA, IN, WP to the vicinity of Rockford, IL. The Houghton, MI, VOR/DME. The airway the Oshkosh, WI, VORTAC. The proposed amendment and revocation segment overlying the Rockford, IL, following points are added between the actions were due to the planned VOR/DME between the Pontiac, IL, JIBKA WP and the Oshkosh VORTAC: decommissioning of the VOR portion of VOR/DME and the Janesville, WI, VOR/ CAPPY, IL, WP; SMARS, IL, WP; the Rockford, IL, VOR/DME NAVAID. DME is removed. The unaffected TRENM, IL, WP; START, IL, WP; Interested parties were invited to portions of the existing airway remain GRIFT, IL, WP; DEBOW, WI, WP; participate in this rulemaking effort by as charted. LUNGS, WI, WP; and the HOMNY, WI, submitting written comments on the V–63: V–63 extends between the WP. The unaffected segments of the proposal. No comments were received. Razorback, AR, VORTAC and the existing route remain as charted. VOR Federal airways are published in Oshkosh, WI, VORTAC; and between All radials in the VOR Federal airway paragraph 6010(a) and RNAV T-routes the Wausau, WI, VOR/DME and the descriptions below are stated in True are published in paragraph 6011 of FAA Houghton, MI, VOR/DME. That airspace degrees. Order 7400.11E, dated July 21, 2020, at and above 10,000 feet MSL from 5 FAA Order 7400.11, Airspace and effective September 15, 2020, which NM north to 46 NM north of Quincy, IL, Designations and Reporting Points, is is incorporated by reference in 14 CFR when the Howard West MOA is active, published yearly and effective on 71.1. The VOR Federal airways listed in is excluded. The airway segment September 15. this document will be published overlying the Rockford, IL, VOR/DME Regulatory Notices and Analyses subsequently in the Order. between the Davenport, IA, VORTAC and the Janesville, WI, VOR/DME is The FAA has determined that this Availability and Summary of removed. The unaffected portions of the regulation only involves an established Documents for Incorporation by existing airway remain as charted and body of technical regulations for which Reference the exclusion language remains frequent and routine amendments are This document amends FAA Order unchanged. necessary to keep them operationally 7400.11E, Airspace Designations and V–100: V–100 extends between the current. It, therefore: (1) is not a Reporting Points, dated July 21, 2020, Medicine Bow, WY, VOR/DME and the ‘‘significant regulatory action’’ under and effective September 15, 2020. FAA O’Neill, NE, VORTAC; and between the Executive Order 12866; (2) is not a Order 7400.11E is publicly available as Fort Dodge, IA, VORTAC and the ‘‘significant rule’’ under Department of listed in the ADDRESSES section of this Litchfield, MI, VOR/DME. The airway Transportation (DOT) Regulatory

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Policies and Procedures (44 FR 11034; requiring further analysis. The FAA has V–63 [Amended] February 26, 1979); and (3) does not therefore determined that no From Razorback, AR; Springfield, MO; warrant preparation of a regulatory extraordinary circumstances exist that Hallsville, MO; Quincy, IL; Burlington, IA; evaluation as the anticipated impact is warrant preparation of an Moline, IL; to Davenport, IA. From Janesville, so minimal. Since this is a routine environmental assessment or WI; Badger, WI; to Oshkosh, WI. From matter that will only affect air traffic environmental impact study. Wausau, WI; Rhinelander, WI; to Houghton, procedures and air navigation, it is List of Subjects in 14 CFR Part 71 MI. Excluding that airspace at and certified that this rule, when above10,000 feet MSL from 5 NM north to 46 promulgated, will not have a significant Airspace, Incorporation by reference, NM north of Quincy, IL, when the Howard economic impact on a substantial Navigation (air). West MOA is active. number of small entities under the The Amendment * * * * * criteria of the Regulatory Flexibility Act. In consideration of the foregoing, the V–100 [Amended] Environmental Review Federal Aviation Administration From Medicine Bow, WY; Scottsbluff, NE; amends 14 CFR part 71 as follows: The FAA has determined that this Alliance, NE; Ainsworth, NE; to O’Neill, NE. action of modifying VOR Federal From Fort Dodge, IA; Waterloo, IA; to airways V–9, V–63, V–100, V–158, and PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR Dubuque, IA. From Northbrook, IL; INT V–171; modifying RNAV route T–325; ° ° TRAFFIC SERVICE ROUTES; AND Northbrook 095 and Keeler, MI, 271 radials; and removing VOR Federal airway V– Keeler; to Litchfield, MI. 127, due to the planned REPORTING POINTS decommissioning of the VOR portion of * * * * * ■ 1. The authority citation for part 71 the Rockford, IL, VOR/DME NAVAID, continues to read as follows: V–127 [Removed] qualifies for categorical exclusion under * * * * * the National Environmental Policy Act Authority: 49 U.S.C. 106(f), 106(g); 40103, (42 U.S.C. 4321 et seq.) and its 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, V–158 [Amended] 1959–1963 Comp., p. 389. implementing regulations at 40 CFR part From Mason City, IA; INT Mason City 106° 1500, and in accordance with FAA § 71.1 [Amended] and Dubuque, IA, 293° radials; Dubuque; Order 1050.1F, Environmental Impacts: ° ■ 2. The incorporation by reference in Polo, IL; to INT Polo 122 and Davenport, IA, Policies and Procedures, paragraph 5– ° 14 CFR 71.1 of FAA Order 7400.11E, 087 radials. The airspace within R–3302 is 6.5a, which categorically excludes from Airspace Designations and Reporting excluded. further environmental impact review Points, dated July 21, 2020, and * * * * * rulemaking actions that designate or effective September 15, 2020, is modify classes of airspace areas, V–171 [Amended] amended as follows: airways, routes, and reporting points From Lexington, KY; INT Lexington 251° (see 14 CFR part 71, Designation of Paragraph 6010(a) Domestic VOR Federal and Louisville, KY, 114° radials; Louisville; Class A, B, C, D, and E Airspace Areas; Airways. Terre Haute, IN; Danville, IL; Peotone, IL; Air Traffic Service Routes; and * * * * * INT Peotone 281° and Joliet, IL, 173° radials; ° Reporting Points). As such, this action V–9 [Amended] to Joliet. From Nodine, MN; INT Nodine 298 is not expected to result in any and Farmington, MN, 124° radials; From Leeville, LA; McComb, MS; INT potentially significant environmental ° ° Farmington; Darwin, MN; Alexandria, MN; McComb 004 and Magnolia, MS, 194 ° impacts. In accordance with FAA Order radials; Magnolia; Sidon, MS; Marvell, AR; INT Alexandria 321 and Grand Forks, ND, ° 1050.1F, paragraph 5–2 regarding Gilmore, AR; Malden, MO; Farmington, MO; 152 radials; Grand Forks; to Roseau, MN. Extraordinary Circumstances, the FAA St. Louis, MO; Spinner, IL; to Pontiac, IL. * * * * * has reviewed this action for factors and From Janesville, WI; Madison, WI; Oshkosh, circumstances in which a normally WI; Green Bay, WI; Iron Mountain, MI; to Paragraph 6011 United States Area categorically excluded action may have Houghton, MI. Navigation Routes. a significant environmental impact * * * * * * * * * *

T–325 Bowling Green, KY (BWG) to Oshkosh, WI (OSH) [Amended] Bowling Green, DME (Lat. 36°55′43.47″ N, long. 086°26′36.36″ W) KY (BWG) RENRO, KY WP (Lat. 37°28′50.53″ N, long. 086°39′19.25″ W) LOONE, KY WP (Lat. 37°44′14.43″ N, long. 086°45′18.02″ W) APALO, IN FIX (Lat. 38°00′20.59″ N, long. 086°51′35.27″ W) BUNKA, IN FIX (Lat. 39°04′57.32″ N, long. 087°09′06.58″ W) JIBKA, IN WP (Lat. 39°30′08.93″ N, long. 087°16′26.74″ W) CAPPY, IL WP (Lat. 40°00′06.00″ N, long. 087°44′31.22″ W) SMARS, IL WP (Lat. 41°07′38.18″ N, long. 088°51′38.22″ W) TRENM, IL WP (Lat. 41°17′24.93″ N, long. 089°00′27.53″ W) START, IL WP (Lat. 41°45′24.83″ N, long. 089°00′21.81″ W) GRIFT, IL WP (Lat. 42°17′28.14″ N, long. 088°53′41.42″ W) DEBOW, WI WP (Lat. 42°44′08.30″ N, long. 088°50′48.92″ W) LUNGS, WI WP (Lat. 43°02′43.66″ N, long. 088°56′54.86″ W) HOMNY, WI WP (Lat. 43°31′02.22″ N, long. 088°39′40.15″ W) Oshkosh, WI VORTAC (Lat. 43°59′25.56″ N, long. 088°33′21.36″ W) (OSH)

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* * * * * Authority for This Rulemaking WP moving 1.26 NM east to the United Issued in Washington, DC, on July 22, The FAA’s authority to issue rules States/Canada border is DUNMO, ME, 2021. regarding aviation safety is found in WP. George Gonzalez, Title 49 of the United States Code. Additionally, the FAA referenced the Acting Manager, Rules and Regulations Subtitle I, Section 106 describes the wrong paragraph where United States Group. authority of the FAA Administrator. area navigation routes are published. [FR Doc. 2021–15768 Filed 7–23–21; 8:45 am] Subtitle VII, Aviation Programs, The correct reference is paragraph 2006 of FAA Order 7400.11E, dated July 21, BILLING CODE 4910–13–P describes in more detail the scope of the agency’s authority. This rulemaking is 2020, and effective September 15, 2020, promulgated under the authority The Rule DEPARTMENT OF TRANSPORTATION described in Subtitle VII, Part A, This action amends 14 CFR part 71 by Subpart I, Section 40103. Under that modifying Q–29, in the northeastern Federal Aviation Administration section, the FAA is charged with United States to support the Northeast prescribing regulations to assign the use Corridor Atlantic Coast Route Project. 14 CFR Part 71 of the airspace necessary to ensure the Q–29: Q–29 extends between the safety of aircraft and the efficient use of [Docket No. FAA–2020–1147; Airspace HARES, LA, WP and the DUVOK, airspace. This regulation is within the Docket No. 20–ASO–30] Canada, WP. The FAA removed the scope of that authority as it expands the Memphis VORTAC and replaced it with RIN 2120–AA66 availability of RNAV routes in the NAS, the MEMFS, TN, WP while moving the increases airspace capacity, and reduces Amendment of Area Navigation (RNAV) DUNMO, ME, WP 1.26 NM east to the complexity in high air traffic volume Route Q–29; Northeastern United United States/Canada border and areas. States removing the DUVOK, Canada, WP. Q– AGENCY: Federal Aviation History 29 extends between the HARES, LA, WP Administration (FAA), DOT. The FAA published a notice of and the DUNMO, ME, WP. FAA Order 7400.11, Airspace ACTION: Final rule. proposed rulemaking for Docket No. FAA–2020–1147 in the Federal Register Designations and Reporting Points, is SUMMARY: This action amends Area (85 FR 85562; December 29, 2020), published yearly and effective on Navigation (RNAV) route Q–29 in the amending RNAV route Q–29 in the September 15. northeastern United States in support of northeastern United States. The Q-route Regulatory Notices and Analyses the Northeast Corridor Atlantic Coast amendment supports the strategy to The FAA has determined that this Route Project (NEC ACR) for improved transition the NAS from a ground-based regulation only involves an established efficiency of the National Airspace navigation aid and radar-based system body of technical regulations for which System (NAS) while reducing the to a satellite-based PBN system. dependency on ground based Interested parties were invited to frequent and routine amendments are navigational systems. participate in this rulemaking effort by necessary to keep them operationally current. It, therefore: (1) Is not a DATES: Effective date 0901 UTC, October submitting written comments on the ‘‘significant regulatory action’’ under 7, 2021. The Director of the Federal proposal. No comments were received. Executive Order 12866; (2) is not a Register approves this incorporation by United States area navigation routes ‘‘significant rule’’ under Department of reference action under 1 CFR part 51, are published in paragraph 2006 of FAA Transportation (DOT) Regulatory subject to the annual revision of FAA Order 7400.11E, dated July 21, 2020, Policies and Procedures (44 FR 11034; Order 7400.11 and publication of and effective September 15, 2020, which February 26, 1979); and (3) does not conforming amendments. is incorporated by reference in 14 CFR warrant preparation of a regulatory ADDRESSES: 71.1. The RNAV routes listed in this FAA Order 7400.11E, evaluation as the anticipated impact is Airspace Designations and Reporting document will be published subsequently in the Order. so minimal. Since this is a routine Points, and subsequent amendments can matter that will only affect air traffic be viewed online at https:// Availability and Summary of _ procedures and air navigation, it is www.faa.gov/air traffic/publications/. Documents for Incorporation by certified that this rule, when For further information, you can contact Reference promulgated, will not have a significant the Rules and Regulations Group, This document amends FAA Order economic impact on a substantial Federal Aviation Administration, 800 7400.11E, Airspace Designations and number of small entities under the Independence Avenue SW, Washington, Reporting Points, dated July 21, 2020 criteria of the Regulatory Flexibility Act. DC 20591; telephone: (202) 267–8783. and effective September 15, 2020. FAA Environmental Review The Order is also available for Order 7400.11E is publicly available as inspection at the National Archives and listed in the ADDRESSES section of this The FAA has determined that this Records Administration (NARA). For document. FAA Order 7400.11E lists airspace action of amending 14 CFR part information on the availability of FAA Class A, B, C, D, and E airspace areas, 71 by modifying RNAV route Q–29 in Order 7400.11E at NARA, email: air traffic service routes, and reporting the northeastern United States to [email protected] or go to https:// points. support the NEC ACR for improved www.archives.gov/federal-register/cfr/ efficiency of the NAS, while reducing ibr-locations.html. Differences From the Proposal the dependency on ground based FOR FURTHER INFORMATION CONTACT: In the NPRM, the FAA proposed to navigational systems, qualifies for Sean Hook, Rules and Regulations amend Q–29, in the northeastern United categorical exclusion under the National Group, Office of Policy, Federal States to support the Northeast Corridor Environmental Policy Act (42 U.S.C. Aviation Administration, 800 Atlantic Coast Route Project. In the 4321 et seq.) and its implementing Independence Avenue SW, Washington, proposal, the FAA incorrectly stated the regulations at 40 CFR part 1500, and in DC 20591; telephone: (202) 267–8783. name of the WP to be moved as accordance with FAA Order 1050.1F, SUPPLEMENTARY INFORMATION: DUNOM; the correct reference to the Environmental Impacts: Policies and

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Procedures, paragraph 5–6.5a, which extraordinary circumstances exist that Authority: 49 U.S.C. 106(f), 106(g); 40103, categorically excludes from further warrant preparation of an 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, environmental impact review environmental assessment or 1959–1963 Comp., p. 389. rulemaking actions that designate or environmental impact study. modify classes of airspace areas, § 71.1 [Amended] List of Subjects in 14 CFR Part 71 airways, routes, and reporting points ■ 2. The incorporation by reference in (see 14 CFR part 71, Designation of Airspace, Incorporation by reference, 14 CFR 71.1 of FAA Order 7400.11E, Class A, B, C, D, and E Airspace Areas; Navigation (air). Airspace Designations and Reporting Air Traffic Service Routes; and Points, dated July 21, 2020 and effective Reporting Points). As such, this action The Amendment September 15, 2020, is amended as is not expected to result in any In consideration of the foregoing, the follows: potentially significant environmental Federal Aviation Administration impacts. In accordance with FAA Order amends 14 CFR part 71 as follows: Paragraph 2006 United States Area 1050.1F, paragraph 5–2 regarding Navigation Routes. Extraordinary Circumstances, the FAA PART 71—DESIGNATION OF CLASS A, * * * * * has reviewed this action for factors and B, C, D, AND E AIRSPACE AREAS; AIR circumstances in which a normally TRAFFIC SERVICE ROUTES; AND categorically excluded action may have REPORTING POINTS a significant environmental impact requiring further analysis. Accordingly, ■ 1. The authority citation for part 71 the FAA has determined that no continues to read as follows:

Q–29 HARES, LA to DUNMO, ME HARES, LA WP (Lat. 33°00′00.00″ N, long. 091°44′00.00″ W) BAKRE, MS WP (Lat. 33°53′45.85″ N, long. 090°58′04.75″ W) MEMFS, TN WP (Lat. 35°00′54.62″ N, long. 089°58′58.87″ W) OMDUE, TN WP (Lat. 36°07′47.32″ N, long. 088°58′11.49″ W) SIDAE, KY WP (Lat. 37°20′00.00″ N, long. 087°50′00.00″ W) CREEP, OH FIX (Lat. 39°55′15.28″ N, long. 084°18′31.41″ W) KLYNE, OH WP (Lat. 40°41′54.46″ N, long. 083°18′44.19″ W) DUTSH, OH WP (Lat. 41°08′26.35″ N, long. 082°33′12.68″ W) WWSHR, OH WP (Lat. 41°20′34.09″ N, long. 082°03′05.76″ W) DORET, OH FIX (Lat. 41°48′05.90″ N, long. 080°35′04.64″ W) Jamestown, NY (JHW) VOR/ (Lat. 42°11′18.99″ N, long. 079°07′16.70″ W) DME HANKK, NY FIX (Lat. 42°53′41.82″ N, long. 077°09′15.21″ W) GONZZ, NY WP (Lat. 43°05′22.00″ N, long. 076°41′12.00″ W) KRAZZ, NY WP (Lat. 43°25′00.00″ N, long. 074°18′00.00″ W) NIPPY, NY FIX (Lat. 43°41′23.08″ N, long. 073°58′06.74″ W) CABCI, VT WP (Lat. 44°49′19.94″ N, long. 071°42′55.14″ W) EBONY, ME FIX (Lat. 44°54′08.68″ N, long. 067°09′23.65″ W) DUNMO, ME WP (Lat. 44°54′09.29″ N, long. 066°58′13.68″ W)

* * * * * SUMMARY: This action modifies three The Order is also available for Issued in Washington, DC, on July 19, existing high altitude area navigation inspection at the National Archives and 2021. (RNAV) routes (Q-routes), and Records Administration (NARA). For George Gonzalez, establishes one new Q-route, in support information on the availability of FAA Acting Manager, Rules and Regulations of the Northeast Corridor Atlantic Coast Order 7400.11E at NARA, email: Group. Route (NEC ACR) Project. This action [email protected] or go to https:// improves the efficiency of the National www.archives.gov/federal-register/cfr/ [FR Doc. 2021–15784 Filed 7–23–21; 8:45 am] Airspace System (NAS) by expanding ibr-locations.html. BILLING CODE 4910–13–P the availability of RNAV routing and FOR FURTHER INFORMATION CONTACT: Paul reducing the dependency on ground- Gallant, Rules and Regulations Group, DEPARTMENT OF TRANSPORTATION based navigational systems. Office of Policy, Federal Aviation DATES: Effective date 0901 UTC, October Administration, 800 Independence Federal Aviation Administration 7, 2021. The Director of the Federal Avenue SW, Washington, DC 20591; Register approves this incorporation by telephone: (202) 267–8783. 14 CFR Part 71 reference action under 1 CFR part 51, SUPPLEMENTARY INFORMATION: subject to the annual revision of FAA [Docket No. FAA–2021–0250; Airspace Authority for This Rulemaking Docket No. 20–AEA–22] Order 7400.11 and publication of conforming amendments. The FAA’s authority to issue rules RIN 2120–AA66 ADDRESSES: FAA Order 7400.11E, regarding aviation safety is found in Airspace Designations and Reporting Title 49 of the United States Code. Establishment and Amendment of Area Points, and subsequent amendments can Subtitle I, Section 106 describes the Navigation Routes, Northeast Corridor be viewed online at https:// authority of the FAA Administrator. Atlantic Coast Routes; Northeastern www.faa.gov/air_traffic/publications/. Subtitle VII, Aviation Programs, United States For further information, you can contact describes in more detail the scope of the AGENCY: Federal Aviation the Rules and Regulations Group, agency’s authority. This rulemaking is Administration (FAA), DOT. Federal Aviation Administration, 800 promulgated under the authority Independence Avenue SW, Washington, described in Subtitle VII, Part A, ACTION: Final rule. DC 20591; telephone: (202) 267–8783. Subpart I, Section 40103. Under that

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section, the FAA is charged with PYTHN, DE, WP; BESSI, NJ, Fix; JOEPO, (RNAV) routes (Q-routes), and prescribing regulations to assign the use NJ, WP; BRAND, NJ, Fix; Robbinsville, establishing one new Q-route, in of the airspace necessary to ensure the NJ (RBV), VORTAC; LAURN, NY, Fix; support of the Northeast Corridor safety of aircraft and the efficient use of LLUND, NY, Fix; and BAYYS, CT, Fix. Atlantic Coast Route (NEC ACR) Project, airspace. This regulation is within the As amended, Q–22 extends between qualifies for categorical exclusion under scope of that authority as it would GUSTI, LA and FOXWD, CT. This the National Environmental Policy Act modify the VOR Federal airway route provides RNAV routing between (42 U.S.C. 4321 et seq.) and its structure in the northeastern United Louisiana and the New England area. implementing regulations at 40 CFR part States to maintain the efficient flow of Q–54: Q–54 extends between the 1500, and in accordance with FAA air traffic. Greenwood, SC (GRD), VORTAC, and Order 1050.1F, Environmental Impacts: the NUTZE, NC, WP. This action Policies and Procedures, paragraph 5– History removes the Greenwood VORTAC and 6.5a, which categorically excludes from The FAA published a notice of adds the HRTWL, SC, WP as a new end further environmental impact review proposed rulemaking for Docket No. point for the route. In addition, the rulemaking actions that designate or FAA–2021–0250 in the Federal Register ASHEL, NC, WP is added between the modify classes of airspace areas, (86 FR 21669; April 23, 2021), to amend existing RAANE, NC, and the NUTZE, airways, routes, and reporting points three existing Q-routes, and establish 1 NC, WPs. (see 14 CFR part 71, Designation of new Q-route, in the northeastern United Q–64: Q–64 extends between the Class A, B, C, D, and E Airspace Areas; States to support the Northeast Corridor CATLN, AL, Fix, and the Tar River, NC Air Traffic Service Routes; and Atlantic Coast Route project. Interested (TYI), VORTAC. This action removes Reporting Points). As such, this action parties were invited to participate in the Greenwood, SC (GRD), VORTAC is not expected to result in any this rulemaking effort by submitting from the route and adds the HRTWL, potentially significant environmental written comments on the proposal. No SC, WP between the FIGEY, GA and the impacts. In accordance with FAA Order comments were received. DARRL, SC, Fixes. The DADDS, NC, WP 1050.1F, paragraph 5–2 regarding United States area navigation routes and the MARCL, NC, WPs are added Extraordinary Circumstances, the FAA are published in paragraph 2006 of FAA between the existing IDDAA, NC, WP, has reviewed this action for factors and Order 7400.11E, dated July 21, 2020, and the Tar River VORTAC. circumstances in which a normally and effective September 15, 2020, which Additionally, the route is extended categorically excluded action may have is incorporated by reference in 14 CFR northeast from the Tar River VORTAC, a significant environmental impact 71.1. The RNAV route listed in this through the GUILD, NC, WP to the requiring further analysis. Accordingly, document will be subsequently SAWED, VA, Fix. the FAA has determined that no published in the Order. The new Q-route is as follows: extraordinary circumstances exist that Q–419: Q–419 extends between the warrant preparation of an Availability and Summary of BROSS, MD, Fix, and the Deer Park, NY Documents for Incorporation by environmental assessment or (DPK), VOR/DME. environmental impact study. Reference FAA Order 7400.11, Airspace This document amends FAA Order Designations and Reporting Points, is List of Subjects in 14 CFR Part 71 7400.11E, Airspace Designations and published yearly and effective on Reporting Points, dated July 21, 2020, September 15. Airspace, Incorporation by reference, and effective September 15, 2020. FAA Navigation (air). Regulatory Notices and Analyses Order 7400.11E is publicly available as The Amendment listed in the ADDRESSES section of this The FAA has determined that this document. FAA Order 7400.11E lists regulation only involves an established In consideration of the foregoing, the Class A, B, C, D, and E airspace areas, body of technical regulations for which Federal Aviation Administration air traffic service routes, and reporting frequent and routine amendments are amends 14 CFR part 71 as follows: points. necessary to keep them operationally current. It, therefore: (1) Is not a PART 71—DESIGNATION OF CLASS A, The Rule ‘‘significant regulatory action’’ under B, C, D, AND E AIRSPACE AREAS; AIR This action amends 14 CFR part 71 by Executive Order 12866; (2) is not a TRAFFIC SERVICE ROUTES; AND amending three existing Q-routes, and ‘‘significant rule’’ under Department of REPORTING POINTS establishing one new Q-route in the Transportation (DOT) Regulatory northeastern United States to support Policies and Procedures (44 FR 11034; ■ 1. The authority citation for part 71 the Northeast Corridor Atlantic Coast February 26, 1979); and (3) does not continues to read as follows: Route project. The new route is warrant preparation of a regulatory Authority: 49 U.S.C. 106(f), 106(g); 40103, designated Q–419, and amendments evaluation as the anticipated impact is 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, made to the descriptions of Q–22, Q–54, so minimal. Since this is a routine 1959–1963 Comp., p. 389. and Q–64. matter that only affects air traffic The Q-route amendments are as procedures and air navigation, it is § 71.1 [Amended] follows: certified that this rule, when ■ 2. The incorporation by reference in Q–22: Q–22 extends between the promulgated, does not have a significant 14 CFR 71.1 of FAA Order 7400.11E, GUSTI, LA, Fix, and the BEARI, VA, economic impact on a substantial Airspace Designations and Reporting WP. This action further extends Q–22 number of small entities under the Points, dated July 21, 2020 and effective northeast from the BEARI, VA, WP to criteria of the Regulatory Flexibility Act. September 15, 2020, is amended as the FOXWD, CT, WP. The following follows: points are inserted between the BEARI, Environmental Review VA, and the FOXWD, CT, WPs: UMBRE, The FAA has determined that this Paragraph 2006 United States Area VA, WP; BBOBO, VA, WP; SHTGN, MD, airspace action of modifying three Navigation Routes. WP; SYFER, MD, WP; DANGR, MD, WP; existing high altitude area navigation * * * * *

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Q–22 GUSTI, LA to FOXWD, CT [Amended] GUSTI, LA FIX (Lat. 29°58′15.34″ N, long. 092°54′35.29″ W) OYSTY, LA FIX (Lat. 30°28′15.21″ N, long. 090°11′49.14″ W) ACMES, AL WP (Lat. 30°55′27.13″ N, long. 088°22′10.82″ W) CATLN, AL FIX (Lat. 31°18′26.03″ N, long. 087°34′47.75″ W) TWOUP, GA WP (Lat. 33°53′45.39″ N, long. 083°49′08.39″ W) Spartanburg, SC (SPA) VORTAC (Lat. 35°02′01.05″ N, long. 081°55′37.24″ W) NYBLK, NC WP (Lat. 35°34′34.99″ N, long. 081°02′33.96″ W) MASHI, NC WP (Lat. 35°58′17.90″ N, long. 080°23′04.71″ W) KIDDO, NC WP (Lat. 36°10′34.90″ N, long. 080°02′23.69″ W) OMENS, VA WP (Lat. 36°49′29.00″ N, long. 078°55′29.78″ W) BEARI, VA WP (Lat. 37°12′01.97″ N, long. 078°15′23.85″ W) UMBRE, VA WP (Lat. 37°23′38.72″ N, long. 077°49′09.50″ W) BBOBO, VA WP (Lat. 37°41′33.79″ N, long. 077°07′57.59″ W) SHTGN, MD WP (Lat. 38°14′45.29″ N, long. 076°44′52.23″ W) SYFER, MD WP (Lat. 38°25′19.31″ N, long. 076°33′26.82″ W) DANGR, MD WP (Lat. 38°57′36.25″ N, long. 075°58′30.85″ W) PYTHN, DE WP (Lat. 39°18′06.97″ N, long. 075°33′59.66″ W) BESSI, NJ FIX (Lat. 39°40′34.84″ N, long. 075°06′44.53″ W) JOEPO, NJ WP (Lat. 39°54′22.11″ N, long. 074°52′17.73″ W) BRAND, NJ FIX (Lat. 40°02′06.28″ N, long. 074°44′09.50″ W) Robbinsville, NJ (RBV) VORTAC (Lat. 40°12′08.65″ N, long. 074°29′42.09″ W) LAURN, NY FIX (Lat. 40°33′05.80″ N, long. 074°07′13.67″ W) LLUND, NY FIX (Lat. 40°51′45.04″ N, long. 073°46′57.30″ W) BAYYS, CT FIX (Lat. 41°17′21.27″ N, long. 072°58′16.73″ W) FOXWD, CT WP (Lat. 41°48′21.66″ N, long. 071°48′07.03″ W)

****** * Q–54 HRTWL SC to NUTZE, NC [Amended] HRTWL, SC WP (Lat. 34°15′05.33″ N, long. 082°09’15.55:W.) NYLLA, SC WP (Lat. 34°34′38.94″ N, long. 081°17′00.48″ W) CHYPS, NC WP (Lat. 34°53′17.92″ N, long. 080°25′57.04″ W) AHOEY, NC WP (Lat. 35°00′36.28″ N, long. 080°05′55.93″ W) RAANE, NC WP (Lat. 35°09′21.97″ N, long. 079°41′33.90″ W) ASHEL, NC WP (Lat. 35°25′43.32″ N, long. 078°54′48.07″ W) NUTZE, NC WP (Lat. 35°50′40.43″ N, long. 077°40′56.72″ W)

****** * Q–64 CATLN, AL to SAWED, VA [Amended] CATLN, AL FIX (Lat. 31°18′26.03″ N, long. 087°34′47.75″ W) FIGEY, GA WP (Lat. 33°52′26.94″ N, long. 082°52′22.76″ W) HRTWL, SC WP (Lat. 34°15′05.33″ N, long. 082°09’15.55:W.) DARRL, SC FIX (Lat. 34°47′49.47″ N, long. 081°03′21.62″ W) IDDAA, NC WP (Lat. 35°11′05.10″ N, long. 079°59′30.69″ W) DADDS, NC WP (Lat. 35°36′30.35″ N, long. 078°47′20.70″ W) MARCL, NC WP (Lat. 35°43′54.41″ N, long. 078°25′46.57″ W) Tar River, NC (TYI) VORTAC (Lat. 35°58′36.20″ N, long. 077°42′13.43″ W) GUILD, NC WP (Lat. 36°18′49.56″ N, long. 077°14′59.96″ W) SAWED, VA FIX (Lat. 37°32′00.73″ N, long. 075°51′29.10″ W)

****** * Q–419 BROSS, MD to Deer Park, NY (DPK) [New] BROSS, MD FIX (Lat. 39°11′28.40″ N, long. 075°52′49.88″ W) MYFOO, DE WP (Lat. 39°26′10.15″ N, long. 075°36′44.70″ W) NACYN, NJ WP (Lat. 39°36′49.19″ N, long. 075°24′59.30″ W) BSERK, NJ WP (Lat. 39°47′27.01″ N, long. 075°13′10.29″ W) HULKK, NJ WP (Lat. 39°59′53.04″ N, long. 074°58′52.52″ W) Robbinsville, NJ (RBV) VORTAC (Lat. 40°12′08.65″ N, long. 074°29′42.09″ W) LAURN, NY FIX (Lat. 40°33′05.80″ N, long. 074°07′13.67″ W) Kennedy, NY (JFK) VOR/DME (Lat. 40°37′58.40″ N, long. 073°46′17.00″ W) Deer Park, NY (DPK) VOR/DME (Lat. 40°47′30.30″ N, long. 073°18′13.17″ W)

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* * * * * Authority for This Rulemaking feet AGL is established 1.9 miles each ° Issued in Washington, DC, on July 19, The FAA’s authority to issue rules side of the 353 bearing from a point-in- ° ′ ″ 2021. regarding aviation safety is found in space, coordinates lat. 55 58 6 N, long. ° ′ ″ George Gonzalez, Title 49 of the United States Code. 133 15 59 W, extending from the 2- Acting Manager, Rules and Regulations Subtitle I, Section 106 describes the mile radius to 8.5 miles north. This area Group. authority of the FAA Administrator. provides controlled airspace for aircraft as they descend below 1,500 feet AGL. [FR Doc. 2021–15777 Filed 7–23–21; 8:45 am] Subtitle VII, Aviation Programs, The airspace extending upward from BILLING CODE 4910–13–P describes in more detail the scope of the agency’s authority. This rulemaking is 700 feet also includes the area 2 miles ° promulgated under the authority each side of the 232 bearing from the DEPARTMENT OF TRANSPORTATION described in Subtitle VII, Part A, point-in-space extending from the 2- Subpart I, Section 40103. Under that mile radius to 4 miles southwest. This Federal Aviation Administration section, the FAA is charged with area would provide controlled airspace prescribing regulations to assign the use for the missed approach procedure. 14 CFR Part 71 of airspace necessary to ensure the FAA Order 7400.11, Airspace safety of aircraft and the efficient use of [Docket No. FAA–2021–0081; Airspace Designations and Reporting Points, is Docket No. 20–AAL–61] airspace. This regulation is within the published yearly and effective on scope of that authority as it would September 15. RIN 2120–AA66 establish Class E airspace extending upward from 700 feet above the surface Regulatory Notices and Analyses Establishment of Class E Airspace; of the earth to support IFR operations at Craig, AK The FAA has determined that this El Capitan Lodge, Craig, AK. regulation only involves an established AGENCY: Federal Aviation History body of technical regulations for which Administration (FAA), DOT. The FAA published a notice of frequent and routine amendments are ACTION: Final rule. proposed rulemaking in the Federal necessary to keep them operationally Register (86 FR 14295; March 15, 2021) current, is non-controversial, and SUMMARY: This action establishes Class for Docket No. FAA–2021–0081 to unlikely to result in adverse or negative E airspace extending upward from 700 establish Class E airspace at El Capitan comments. It, therefore: (1) Is not a feet above the surface of the earth at El Lodge, Craig, AK. Interested parties ‘‘significant regulatory action’’ under Capitan Lodge, Craig, AK. This action were invited to participate in this Executive Order 12866; (2) is not a accommodates a new area navigation rulemaking effort by submitting written ‘‘significant rule’’ under DOT (RNAV) procedure and ensures the comments on the proposal to the FAA, Regulatory Policies and Procedures (44 safety and management of instrument none were received. FR 11034; February 26, 1979); and (3) flight rule (IFR) operations within the Class E5 airspace designations are does not warrant preparation of a National Airspace System. published in paragraph 6005 of FAA regulatory evaluation as the anticipated DATES: Effective 0901 UTC, October 7, Order 7400.11E, dated July 21, 2020, impact is so minimal. Since this is a 2021. The Director of the Federal and effective September 15, 2020, which routine matter that will only affect air Register approves this incorporation by is incorporated by reference in 14 CFR traffic procedures and air navigation, it reference action under 1 CFR part 51, 71.1. The Class E airspace designation is certified that this rule, when subject to the annual revision of FAA listed in this document will be promulgated, would not have a Order 7400.11 and publication of published subsequently in the Order. significant economic impact on a conforming amendments. substantial number of small entities Availability and Summary of ADDRESSES: FAA Order 7400.11E, under the criteria of the Regulatory Documents for Incorporation by Flexibility Act. Airspace Designations and Reporting Reference Points, and subsequent amendments can Environmental Review be viewed online at https:// This document amends FAA Order www.faa.gov//air_traffic/publications/. 7400.11E, Airspace Designations and The FAA has determined that this For further information, you can contact Reporting Points, dated July 21, 2020, action qualifies for categorical exclusion the Airspace Policy Group, Federal and effective September 15, 2020. FAA under the National Environmental Aviation Administration, 800 Order 7400.11E is publicly available as Policy Act in accordance with FAA Independence Avenue SW, Washington, listed in the ADDRESSES section of this Order 1050.1F, ‘‘Environmental DC 20591; telephone: (202) 267–8783. document. FAA Order 7400.11E lists Impacts: Policies and Procedures,’’ The Order is also available for Class A, B, C, D, and E airspace areas, paragraph 5–6.5a. This airspace action inspection at the National Archives and air traffic service routes, and reporting is not expected to cause any potentially Records Administration (NARA). For points. significant environmental impacts, and information on the availability of FAA The Rule no extraordinary circumstances exist Order 7400.11E at NARA, email This amendment to 14 CFR part 71 that warrant the preparation of an [email protected] or go to https:// establishes Class E airspace, extending environmental assessment. www.archives.gov/federal-register/cfr/ upward from 700 feet above the surface, List of Subjects in 14 CFR Part 71 ibr-locations.html. at El Capitan Lodge, Craig, AK. This FOR FURTHER INFORMATION CONTACT: action is associated with a seaplane Airspace, Incorporation by reference, Richard Roberts, Federal Aviation base, and therefore, the Class E airspace Navigation (air). Administration, Western Service Center, is established extending upward from Adoption of the Amendment Operations Support Group, 2200 S. 700 feet above ground level (AGL) 216th Street, Des Moines, WA 98198; within a 2-mile radius of the airport’s In consideration of the foregoing, the telephone (206) 231–2245. sea lane versus the Lodge. In addition, Federal Aviation Administration SUPPLEMENTARY INFORMATION: airspace extending upward from 700 amends 14 CFR part 71 as follows:

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PART 71—DESIGNATION OF CLASS A, Route Project (NEC ACR) for improve provides for the safe and efficient use of B, C, D, AND E AIRSPACE AREAS; AIR efficiency of the National Airspace navigable airspace within the NAS TRAFFIC SERVICE ROUTES; AND System (NAS) while reducing the while reducing NAVAID dependencies REPORTING POINTS dependency on ground based throughout the NAS as part of the FAA navigational systems. VOR Minimum Operation Network ■ 1. The authority citation for 14 CFR DATES: Effective date 0901 UTC, October program. Additionally, the Q-route part 71 continues to read as follows: 7, 2021. The Director of the Federal would support the strategy to transition Authority: 49 U.S.C. 106(f), 106(g), 40103, Register approves this incorporation by the NAS from a ground-based 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, reference action under 1 CFR part 51, navigation aid, and radar-based system, 1959–1963 Comp., p. 389. subject to the annual revision of FAA to a satellite-based PBN system. Order 7400.11 and publication of Interested parties were invited to § 71.1 [Amended] conforming amendments. participate in this rulemaking effort by ■ 2. The incorporation by reference in ADDRESSES: FAA Order 7400.11E, submitting written comments on the 14 CFR 71.1 of FAA Order 7400.11E, Airspace Designations and Reporting proposal. No comments were received. Airspace Designations and Reporting Points, and subsequent amendments can United States area navigation routes Points, dated July 21, 2020, and be viewed online at https:// are published in paragraph 2006 of FAA effective September 15, 2020, is www.faa.gov/air_traffic/publications/. Order 7400.11E, dated July 21, 2020, amended as follows: For further information, you can contact and effective September 15, 2020, which is incorporated by reference in 14 CFR Paragraph 6005 Class E Airspace Areas the Rules and Regulations Group, Extending Upward From 700 Feet or More Federal Aviation Administration, 800 71.1. The RNAV route listed in this Above the Surface of the Earth. Independence Avenue SW, Washington, document will be subsequently published in the Order. * * * * * DC 20591; telephone: (202) 267–8783. The Order is also available for AAL AK E5 Craig, AK [NEW] Availability and Summary of inspection at the National Archives and Documents for Incorporation by El Capitan Lodge, AK Records Administration (NARA). For ° ′ ″ ° ′ ″ Reference (Lat. 55 57 31 N, long. 133 15 12 W) information on the availability of FAA This document amends FAA Order El Capitan Lodge, Point In Space Coordinates Order 7400.11E at NARA, email: (Lat. 55°58′6″ N, long. 133°15′59″ W) 7400.11E, Airspace Designations and [email protected] or go to https:// Reporting Points, dated July 21, 2020, That airspace extending upward from 700 www.archives.gov/federal-register/cfr/ feet above the surface within a 2-mile radius and effective September 15, 2020. FAA ibr-locations.html. from a point in space lat. 55°58′6″ N, long. Order 7400.11E is publicly available as ° ′ ″ 133 15 59 W, and that airspace 1.9 miles FOR FURTHER INFORMATION CONTACT: listed in the ADDRESSES section of this ° each side of the 353 bearing from the point Sean Hook, Rules and Regulations document. FAA Order 7400.11E lists in space extending from the 2-mile radius to Group, Office of Policy, Federal Class A, B, C, D, and E airspace areas, 8.5 miles north from the point in space and Aviation Administration, 800 that airspace 2 miles each side of the 232° air traffic service routes, and reporting Independence Avenue SW, Washington, points. bearing from the point in space extending DC 20591; telephone: (202) 267–8783. from the 2-mile radius to 4 miles southwest The Rule from the point in space. SUPPLEMENTARY INFORMATION: This action amends 14 CFR part 71 by Authority for This Rulemaking Issued in Des Moines, Washington, on July establishing RNAV route Q–437 in the 19, 2021. The FAA’s authority to issue rules northeastern United States in support of Maria A. Aviles, regarding aviation safety is found in the NEC ACR for improve efficiency of Acting Group Manager, Operations Support Title 49 of the United States Code. the NAS while reducing the Group, Western Service Center. Subtitle I, Section 106 describes the dependency on ground based [FR Doc. 2021–15719 Filed 7–23–21; 8:45 am] authority of the FAA Administrator. navigational systems. BILLING CODE 4910–13–P Subtitle VII, Aviation Programs, Q–437: Q–437 will extend between describes in more detail the scope of the the VILLS, NJ, fix, and the SLANG, VT, agency’s authority. This rulemaking is waypoint (WP). DEPARTMENT OF TRANSPORTATION promulgated under the authority FAA Order 7400.11, Airspace described in Subtitle VII, Part A, Designations and Reporting Points, is Federal Aviation Administration Subpart I, Section 40103. Under that published yearly and effective on section, the FAA is charged with September 15. 14 CFR Part 71 prescribing regulations to assign the use Regulatory Notices and Analyses [Docket No. FAA–2020–1081; Airspace of the airspace necessary to ensure the Docket No. 20–AEA–19] safety of aircraft and the efficient use of The FAA has determined that this airspace. This regulation is within the regulation only involves an established RIN 2120–AA66 scope of that authority as it would body of technical regulations for which Establishment of Area Navigation modify the VOR Federal airway route frequent and routine amendments are (RNAV) Route Q–437; Northeastern structure in the eastern United States to necessary to keep them operationally United States maintain the efficient flow of air traffic. current. It, therefore: (1) Is not a ‘‘significant regulatory action’’ under History AGENCY: Federal Aviation Executive Order 12866; (2) is not a Administration (FAA), DOT. The FAA published a notice of ‘‘significant rule’’ under Department of ACTION: Final rule. proposed rulemaking for Docket No. Transportation (DOT) Regulatory FAA–2020–1081 in the Federal Register Policies and Procedures (44 FR 11034; SUMMARY: This action establishes Area (85 FR 79448; December 10, 2020), February 26, 1979); and (3) does not Navigation (RNAV) route Q–437 in the establishing Area Navigation (RNAV) warrant preparation of a regulatory northeastern United States in support of route Q–437 in northeastern United evaluation as the anticipated impact is the Northeast Corridor Atlantic Coast States to support the NEC ACR. This so minimal. Since this is a routine

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matter that only affects air traffic Air Traffic Service Routes; and PART 71—DESIGNATION OF CLASS A, procedures and air navigation, it is Reporting Points). As such, this action B, C, D, AND E AIRSPACE AREAS; AIR certified that this rule, when is not expected to result in any TRAFFIC SERVICE ROUTES; AND promulgated, does not have a significant potentially significant environmental REPORTING POINTS economic impact on a substantial impacts. In accordance with FAA Order number of small entities under the 1050.1F, paragraph 5–2 regarding ■ 1. The authority citation for part 71 criteria of the Regulatory Flexibility Act. Extraordinary Circumstances, the FAA continues to read as follows: has reviewed this action for factors and Environmental Review circumstances in which a normally Authority: 49 U.S.C. 106(f), 106(g); 40103, categorically excluded action may have 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, The FAA has determined that this a significant environmental impact 1959–1963 Comp., p. 389. airspace action of establishing RNAV Q– requiring further analysis. Accordingly, 437 qualifies for categorical exclusion § 71.1 [Amended] the FAA has determined that no under the National Environmental extraordinary circumstances exist that Policy Act (42 U.S.C. 4321 et seq.) and ■ 2. The incorporation by reference in warrant preparation of an its implementing regulations at 40 CFR 14 CFR 71.1 of FAA Order 7400.11E, environmental assessment or Airspace Designations and Reporting part 1500, and in accordance with FAA environmental impact study. Order 1050.1F, Environmental Impacts: Points, dated July 21, 2020 and effective Policies and Procedures, paragraph 5– List of Subjects in 14 CFR Part 71 September 15, 2020, is amended as 6.5a, which categorically excludes from Airspace, Incorporation by reference, follows: further environmental impact review Navigation (air). Paragraph 2066 United States Area rulemaking actions that designate or Navigation Routes. modify classes of airspace areas, The Amendment airways, routes, and reporting points In consideration of the foregoing, the * * * * * (see 14 CFR part 71, Designation of Federal Aviation Administration Class A, B, C, D, and E Airspace Areas; amends 14 CFR part 71 as follows:

Q–437 VILLS, NJ to SLANG, VT [New] VILLS, NJ FIX (Lat. 39°18′03.87″ N, long. 075°06′37.89″ W) DITCH, NJ FIX (Lat. 39°47′37.86″ N, long. 074°42′59.88″ W) LUIGI, NJ FIX (Lat. 40°04′09.65″ N, long. 074°26′40.32″ W) HNNAH, NJ FIX (Lat. 40°28′12.73″ N, long. 074°02′36.62″ W) LLUND, NY FIX (Lat. 40°51′45.04″ N, long. 073°46′57.30″ W) BIZEX, NY WP (Lat. 41°17′02.86″ N, long. 073°34′50.20″ W) BINGS, NY WP (Lat. 42°00′33.26″ N, long. 073°30′01.81″ W) WARUV, NY FIX (Lat. 42°45′52.14″ N, long. 073°34′41.41″ W) SLANG, VT WP (Lat. 43°14′24.64″ N, long. 073°11′09.69″ W)

* * * * * DATES: Effective date 0901 UTC, October SUPPLEMENTARY INFORMATION: 7, 2021. The Director of the Federal Issued in Washington, DC, on July 19, Authority for This Rulemaking 2021. Register approves this incorporation by George Gonzalez, reference action under 1 CFR part 51, The FAA’s authority to issue rules Acting Manager, Rules and Regulations subject to the annual revision of FAA regarding aviation safety is found in Group. Order 7400.11 and publication of Title 49 of the United States Code. [FR Doc. 2021–15776 Filed 7–23–21; 8:45 am] conforming amendments. Subtitle I, Section 106 describes the authority of the FAA Administrator. BILLING CODE 4910–13–P ADDRESSES: FAA Order 7400.11E, Subtitle VII, Aviation Programs, Airspace Designations and Reporting describes in more detail the scope of the Points, and subsequent amendments can agency’s authority. This rulemaking is DEPARTMENT OF TRANSPORTATION be viewed online at https:// promulgated under the authority www.faa.gov/air_traffic/publications/. described in Subtitle VII, Part A, Federal Aviation Administration For further information, you can contact Subpart I, Section 40103. Under that the Rules and Regulations Group, section, the FAA is charged with 14 CFR Part 71 Federal Aviation Administration, 800 prescribing regulations to assign the use [Docket No. FAA–2021–0360; Airspace Independence Avenue SW, Washington, of the airspace necessary to ensure the Docket No. 21–AEA–6] DC 20591; telephone: (202) 267–8783. safety of aircraft and the efficient use of The Order is also available for RIN 2120–AA66 airspace. This regulation is within the inspection at the National Archives and scope of that authority as it modifies the Records Administration (NARA). For Amendment of Air Traffic Service VOR Federal airway route structure in information on the availability of FAA (ATS) Routes; Northeast United States the northeastern United States to Order 7400.11E at NARA, email: maintain the efficient flow of air traffic. AGENCY: Federal Aviation [email protected] or go to https:// Administration (FAA), DOT. www.archives.gov/federal-register/cfr/ History ACTION: Final rule. ibr-locations.html. The FAA published a notice of SUMMARY: This action amends VOR FOR FURTHER INFORMATION CONTACT: Paul proposed rulemaking for Docket No. Federal airways V–39 and V–93 in Gallant, Rules and Regulations Group, FAA–2021–0360 in the Federal Register support of the Northeast Corridor Office of Policy, Federal Aviation (86 FR 27326; May 20, 2021), modifying Atlantic Coast Route (NEC ACR), and Administration, 800 Independence VOR Federal airways V–39 and V–93. the VOR Minimum Operational Avenue SW, Washington, DC 20591; Interested parties were invited to Network (VOR MON) Projects. telephone: (202) 267–8783. participate in this rulemaking effort by

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submitting written comments on the ‘‘significant rule’’ under Department of Authority: 49 U.S.C. 106(f), 106(g); 40103, proposal. No comments were received. Transportation (DOT) Regulatory 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, VOR Federal airways are published in Policies and Procedures (44 FR 11034; 1959–1963 Comp., p. 389. paragraph 6010(a) of FAA Order February 26, 1979); and (3) does not § 71.1 [Amended] 7400.11E, dated July 21, 2020, and warrant preparation of a regulatory ■ effective September 15, 2020, which is evaluation as the anticipated impact is 2. The incorporation by reference in incorporated by reference in 14 CFR so minimal. Since this is a routine 14 CFR Part 71.1 of FAA Order 71.1. The VOR Federal airways listed in matter that only affects air traffic 7400.11E, Airspace Designations and this document will be subsequently procedures and air navigation, it is Reporting Points, dated July 21, 2020 published in the Order. certified that this rule, when and effective September 15, 2020, is amended as follows: Availability and Summary of promulgated, does not have a significant Documents for Incorporation by economic impact on a substantial Paragraph 6010(a) Domestic VOR Federal Reference number of small entities under the Airways. criteria of the Regulatory Flexibility Act. * * * * * This action amends FAA Order 7400.11E, Airspace Designations and Environmental Review V–39 [Amended] Reporting Points, dated July 21, 2020 From Sandhills, NC, South Boston, VA; and effective September 15, 2020. FAA The FAA has determined that this Gordonsville, VA; INT Gordonsville 331° and Order 7400.11E is publicly available as action of amending VOR Federal Martinsburg, WV, 216° radials; Martinsburg; listed in the ADDRESSES section of this airways V–39 and V–93, in the Lancaster, PA; East Texas, PA; Sparta, NJ; northeastern United States qualifies for Carmel, NY; INT Carmel 045° and Bridgeport, rule. FAA Order 7400.11E lists Class A, ° ° B, C, D, and E airspace areas, air traffic categorical exclusion under the National CT, 343 radials; INT Bridgeport 343 and Chester, MA, 223° radials; to Chester, MA. service routes, and reporting points. Environmental Policy Act (42 U.S.C. 4321 et seq.) and its implementing From Augusta, ME; Millinocket, ME; Presque The Rule Isle, ME; to Mont Joli, PQ, Canada, excluding regulations at 40 CFR part 1500, and in the portion within Canada. This action amends 14 CFR part 71 by accordance with FAA Order 1050.1F, * * * * * modifying VOR Federal airways V–39 Environmental Impacts: Policies and and V–93 in the northeast United States. Procedures, paragraph 5–6.5a, which V–93 [Amended] The route changes are described as categorically excludes from further From Patuxent River, MD, INT Patuxent follows: environmental impact review 013° and Baltimore, MD, 122° radials; V–39: V–39 currently extends rulemaking actions that designate or Baltimore; INT Baltimore 004° and Lancaster, between Sandhills, NC, and Mont Joli, modify classes of airspace areas, PA, 214° radials; Lancaster; Wilkes-Barre, PQ, Canada. This action removes the airways, routes, and reporting points PA; to INT Wilkes-Barre 037° and Sparta, NJ 300° radials. From INT Sparta 018° and airway segments between Chester, MA, (see 14 CFR part 71, Designation of ° and Augusta, ME. As amended, V–39 Kingston, NY, 270 radials; Kingston; Class A, B, C, D, and E Airspace Areas; Pawling, NY; to Chester, MA. consists of two parts: From Sandhills, Air Traffic Service Routes; and NC, to Chester, MA; followed by a gap Reporting Points). As such, this action * * * * * in the route; then from Augusta, ME to is not expected to cause any potentially Issued in Washington, DC, on July 20, Mont Joli, PQ, Canada. significant environmental impacts. In 2021. V–93: V–93 currently consists of two accordance with FAA Order 1050.1F, George Gonzalez, parts: From Patuxent River, MD, to the paragraph 5–2 regarding Extraordinary Acting Manager, Rules and Regulations intersection of the Wilkes Barre, PA, Circumstances, the FAA has reviewed Group. ° ° 037 and the Sparta, NJ, 300 radials; this action for factors and circumstances [FR Doc. 2021–15778 Filed 7–23–21; 8:45 am] and from the intersection of the Sparta, in which a normally categorically BILLING CODE 4910–13–P NJ, 018° and the Kingston, NY, 270° excluded action may have a significant radials, to Bangor, ME. This action environmental impact requiring further removes the segments between Chester, analysis. The FAA has determined that DEPARTMENT OF HOMELAND MA, and Bangor, ME. As amended, V– no extraordinary circumstances exist SECURITY 93 consists of two parts: From Patuxent that warrant preparation of an River, MD, to the intersection of the environmental assessment or Coast Guard Wilkes Barre, PA, 037° and the Sparta, environmental impact study. ° NJ, 300 radials; followed by a gap; then 33 CFR Part 100 from the intersection of the Sparta, NJ, List of Subjects in 14 CFR Part 71 018° and the Kingston, NY, 270° radials, [Docket Number USCG–2021–0547] Airspace, Incorporation by reference, to Chester, MA. Navigation (air). RIN 1625–AA08 FAA Order 7400.11, Airspace Designations and Reporting Points, is The Amendment Special Local Regulation; Tennessee published yearly and effective on River Miles 648 to 650; Knoxville, TN September 15. In consideration of the foregoing, the Federal Aviation Administration AGENCY: Coast Guard, Department of Regulatory Notices and Analyses amends 14 CFR part 71 as follows: Homeland Security (DHS). The FAA has determined that this ACTION: Temporary final rule. action only involves an established PART 71—DESIGNATION OF CLASS A, body of technical regulations for which B, C, D, AND E AIRSPACE AREAS; AIR SUMMARY: The Coast Guard is frequent and routine amendments are TRAFFIC SERVICE ROUTES; AND establishing a temporary special local necessary to keep them operationally REPORTING POINTS regulation on the Tennessee River from current. It, therefore: (1) Is not a MM 648 to 650 on August 1, 2021 from ‘‘significant regulatory action’’ under ■ 1. The authority citation for part 71 7 a.m. to 11 a.m. This special local Executive Order 12866; (2) is not a continues to read as follows: regulation is needed to protect

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personnel, vessels, and the marine III. Legal Authority and Need for Rule The Coast Guard certifies under 5 U.S.C. environment from potential hazards The Coast Guard is issuing this rule 605(b) that this rule will not have a created during the high speed races under authority in 46 U.S.C. 70034 significant economic impact on a associated with the K-Town on the (previously 33 U.S.C. 1231). The substantial number of small entities. River triathlon marine event. Entry into Captain of the Port Sector Ohio Valley While some owners or operators of the safety zone is prohibited unless (COTP) has determined that there are vessels intending to transit the regulated specifically authorized by the Captain of safety concers for the participants of the area may be small entities, for the the Port Sector Ohio Valley (COTP). K-Town on the River Triathlon due to reasons stated in section V.A above, this rule will not have a significant DATES: This rule is effective from 7 a.m. the normal influx of both commercial economic impact on any vessel owner to 11 a.m. on August 1, 2021. and recreactional vessel traffic. This rule is needed to protect participants for or operator. ADDRESSES: To view documents Under section 213(a) of the Small the duration of the swim portion of the mentioned in this preamble as being Business Regulatory Enforcement event. available in the docket, go to https:// Fairness Act of 1996 (Pub. L. 104–121), www.regulations.gov, type USCG–2021– IV. Discussion of the Rule we want to assist small entities in 0547 in the search box and click This rule establishes a special local understanding this rule. If the rule ‘‘Search.’’ Next, in the Document Type regulation from 7 a.m. until 11 a.m. on would affect your small business, column, select ‘‘Supporting & Related August 1, 2021. The special local organization, or governmental Material.’’ regulation will cover all navigable jurisdiction and you have questions concerning its provisions or options for FOR FURTHER INFORMATION CONTACT: waters from mile 648 to 650 on the If compliance, please call or email the you have questions on this rule, call or Tennessee River. The duration of the person listed in the FOR FURTHER email MST1 Nicholas Jones, U.S. Coast zone is intended to protect participants of the K-Town on the river triathlon. No INFORMATION CONTACT section. Guard; telephone 615–736–5421, email Small businesses may send comments [email protected]. vessel or person or vessel, other than the participants, will be permitted to enter on the actions of Federal employees SUPPLEMENTARY INFORMATION: the safety zone without obtaining who enforce, or otherwise determine compliance with, Federal regulations to I. Table of Abbreviations permission from the COTP or a designated representative. the Small Business and Agriculture CFR Code of Federal Regulations Regulatory Enforcement Ombudsman DHS Department of Homeland Security V. Regulatory Analyses and the Regional Small Business FR Federal Register We developed this rule after Regulatory Fairness Boards. The MM Mile Marker considering numerous statutes and Ombudsman evaluates these actions NPRM Notice of proposed rulemaking § Section Executive orders related to rulemaking. annually and rates each agency’s U.S.C. United States Code Below we summarize our analyses responsiveness to small business. If you based on a number of these statutes and wish to comment on actions by II. Background Information and Executive orders, and we discuss First employees of the Coast Guard, call 1– Regulatory History Amendment rights of protestors. 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against The Coast Guard is issuing this A. Regulatory Planning and Review small entities that question or complain temporary rule without prior notice and Executive Orders 12866 and 13563 opportunity to comment pursuant to about this rule or any policy or action direct agencies to assess the costs and of the Coast Guard. authority under section 4(a) of the benefits of available regulatory Administrative Procedure Act (APA) (5 alternatives and, if regulation is C. Collection of Information U.S.C. 553(b)). This provision necessary, to select regulatory This rule will not call for a new authorizes an agency to issue a rule approaches that maximize net benefits. collection of information under the without prior notice and opportunity to This rule has not been designated a Paperwork Reduction Act of 1995 (44 comment when the agency for good ‘‘significant regulatory action,’’ under U.S.C. 3501–3520). cause finds that those procedures are Executive Order 12866. Accordingly, D. Federalism and Indian Tribal ‘‘impracticable, unnecessary, or contrary this rule has not been reviewed by the Governments to the public interest.’’ Under 5 U.S.C. Office of Management and Budget 553(b)(B), the Coast Guard finds that (OMB). A rule has implications for federalism good cause exists for not publishing a This regulatory action determination under Executive Order 13132, notice of proposed rulemaking (NPRM) is based on the size location, and Federalism, if it has a substantial direct with respect to this rule because it is duration of the zone. Vessel traffic will effect on the States, on the relationship impracticable. We must establish this be limited for a four hour duration on between the National Government and regulation by August 1, 2021, and lack one day. the States, or on the distribution of sufficient time to provide a reasonable power and responsibilities among the comment period and then consider B. Impact on Small Entities various levels of government. We have those comments before issuing this rule. The Regulatory Flexibility Act of analyzed this rule under that order and Under 5 U.S.C. 553(d)(3), the Coast 1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent Guard finds that good cause exists for requires Federal agencies to consider with the fundamental federalism making this rule effective less than 30 the potential impact of regulations on principles and preemption requirements days after publication in the Federal small entities during rulemaking. The described in Executive Order 13132. Register. Delaying the effective date of term ‘‘small entities’’ comprises small Also, this rule does not have tribal this rule would be contrary to public businesses, not-for-profit organizations implications under Executive Order interest because of the safety concerns that are independently owned and 13175, Consultation and Coordination for the participants in the K-Town on operated and are not dominant in their with Indian Tribal Governments, the River triathlon taking place on fields, and governmental jurisdictions because it does not have a substantial August 1, 2021. with populations of less than 50,000. direct effect on one or more Indian

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tribes, on the relationship between the Authority: 46 U.S.C. 70041; 33 CFR 1.05– ADDRESSES: To view documents Federal Government and Indian tribes, 1. mentioned in this preamble as being or on the distribution of power and ■ 2. Add § 100.T08–0547 to read as available in the docket, go to https:// responsibilities between the Federal follows: www.regulations.gov. Type USCG– Government and Indian tribes. 2021–0099 in the ‘‘SEARCH’’ box and § 100.T08–0547 Tennessee River MM 648 click ‘‘SEARCH.’’ Click on Open Docket E. Unfunded Mandates Reform Act to MM 650, Knoxville, TN. Folder on the line associated with this The Unfunded Mandates Reform Act (a) Regulated area. The regulations in rule. this section apply to the following area: of 1995 (2 U.S.C. 1531–1538) requires FOR FURTHER INFORMATION CONTACT: If All waters of the Tennessee River from Federal agencies to assess the effects of you have questions on this rule, call or MM 648 to 650. their discretionary regulatory actions. In email Mr. Omar Beceiro, U.S. Coast (b) Regulations. (1) All non- particular, the Act addresses actions Guard Sector Miami Waterways participants are prohibited from that may result in the expenditure by a Management Division, telephone 305– entering, transiting through, anchoring State, local, or tribal government, in the 535–4317, email Omar.Beceiro@ in, or remaining within the regulated aggregate, or by the private sector of uscg.mil. $100,000,000 (adjusted for inflation) or area described in paragraph (a) of this more in any one year. Though this rule section unless authorized by the Captain SUPPLEMENTARY INFORMATION: will not result in such an expenditure, of the Port Sector Ohio Valley (COTP) I. Table of Abbreviations we do discuss the effects of this rule or their designated representative. CFR Code of Federal Regulations elsewhere in this preamble. (2) To seek permission to enter, contact the COTP or the COTP’s DHS Department of Homeland Security F. Environment representative by phone at 502–779– FR Federal Register OMB Office of Management and Budget We have analyzed this rule under 5422. Those in the regulated area must NPRM Notice of proposed rulemaking Department of Homeland Security comply with all lawful orders or (Advance, Supplemental) Directive 023–01, Rev. 1, associated directions given to them by the COTP or § Section implementing instructions, and the designated representative. U.S.C. United States Code Environmental Planning COMDTINST (3) The COTP will provide notice of FL Florida the regulated area through advanced 5090.1 (series), which guide the Coast II. Background Information and notice via broadcast notice to mariners. Guard in complying with the National Regulatory History Environmental Policy Act of 1969 (42 (c) Enforcement period. This section U.S.C. 4321–4370f), and have will be enforced on Auguest 1, 2021, On March 5, 2021, the Coast Guard determined that this action is one of a from 7 a.m. to 11 a.m. published a Test Deviation, with a request for comments, entitled category of actions that do not Dated: July 14, 2021. ‘‘Drawbridge Operation Regulation; individually or cumulatively have a A.M. Beach, significant effect on the human Okeechobee Waterway, Indiantown, Captian, U.S. Coast Guard, Captain of the FL,’’ in the Federal Register (86 FR environment. This rule involves a Port Sector Ohio Valley. special local regulation lasting only 4 12821), to test this operating schedule [FR Doc. 2021–15805 Filed 7–23–21; 8:45 am] for the Seaboard System Railroad hours that will prohibit entry from mile BILLING CODE 9110–04–P 648 to 650 on the Tennessee River. It is Bridge. Zero comments were received categorically excluded from further during the test period. review under paragraph L[61] and On April 12, 2021, the Coast Guard DEPARTMENT OF HOMELAND published a notice of proposed L[63a] of Appendix A, Table 1 of DHS SECURITY Instruction Manual 023–01–001–01, rulemaking entitled ‘‘Drawbridge Rev. 1. Coast Guard Operation Regulation; Okeechobee Waterway, Indiantown, FL,’’ in the G. Protest Activities 33 CFR Part 117 Federal Register (86 FR 18929). There The Coast Guard respects the First we stated why we issued the NPRM, Amendment rights of protesters. [Docket No. USCG–2021–0099] and invited comments on our proposed Protesters are asked to call or email the RIN 1625–AA09 regulatory action related to this person listed in the FOR FURTHER regulatory change. During the comment INFORMATION CONTACT section to Drawbridge Operation Regulation; period that ended June 11, 2021, we coordinate protest activities so that your Okeechobee Waterway, Indiantown, FL received one comment which is message can be received without addressed in Section IV of this final AGENCY: Coast Guard, Department of rule. jeopardizing the safety or security of Homeland Security (DHS). people, places or vessels. ACTION: Final rule. III. Legal Authority and Need for Rule List of Subjects in 33 CFR Part 100 The Coast Guard is issuing this rule SUMMARY: The Coast Guard is changing under authority 33 U.S.C. 499. The Marine safety, Navigation (water), the operating schedule that governs the Reporting and recordkeeping Seaboard System Railroad Bridge across Seaboard System Railroad Bridge, across the Okeechobee Waterway, mile 28.2, at requirements, Waterways. the Okeechobee Waterway, mile 28.2, at For the reasons discussed in the Indiantown, FL, is a swing bridge with Indiantown, FL. This change will allow a seven-foot vertical clearance at mean preamble, the Coast Guard amends 33 the swing bridge to be remotely CFR part 100 as follows: high water in the closed position. operated, change the start and end times Navigation on the waterway is PART 100—SAFETY OF LIFE ON for advance notification for an opening commercial and recreational. The NAVIGABLE WATERS during the overnight hours and update operating schedule for the bridge is set the name of the bridge. forth in 33 CFR 117.317(e). ■ 1. The authority citation for part 100 DATES: This rule is effective August 25, The rule allows the swing bridge to be continues to read as follows: 2021. remotely monitored and operated. The

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swing bridge will remain in the open to A. Regulatory Planning and Review employees of the Coast Guard, call navigation position during daylight Executive Orders 12866 and 13563 1–888–REG–FAIR (1–888–734–3247). hours and close only for the passage of direct agencies to assess the costs and The Coast Guard will not retaliate rail traffic. The start of the three hour benefits of available regulatory against small entities that question or advance notice for an opening will alternatives and, if regulation is complain about this rule or any policy begin earlier each evening and end one necessary, to select regulatory or action of the Coast Guard. hour later each morning. The time approaches that maximize net benefits. C. Collection of Information changes for the three hour advance This rule has not been designated a This rule calls for no new collection notice will align with the operating ‘‘significant regulatory action’’ under of information under the Paperwork schedule of the U.S. Army Corps of Executive Order 12866. Accordingly, it Reduction Act of 1995 (44 U.S.C. 3501– Engineers (USACE) Locks along this has not been reviewed by the Office of 3520). portion of the Okeechobee Waterway. Management and Budget (OMB). The changes allow for the swing bridge This regulatory action determination D. Federalism and Indian Tribal to operate more efficiently while taking is based on the fact that vessels can still Government into account the reasonable needs of transit the bridge given advanced notice A rule has implications for federalism navigation. Additionally, the name of and vessels that can transit under the under Executive Order 13132, the swing bridge would be updated to bridge without an opening may do so at Federalism, if it has a substantial direct reflect the current bridge owner. anytime. effect on the States, on the relationship This change allows vessels that are B. Impact on Small Entities between the National Government and capable of transiting under the bridge, the States, or on the distribution of The Regulatory Flexibility Act of 1980 power and responsibilities among the without an opening, to do so at any time (RFA), 5 U.S.C. 601–612, as amended, and vessels are able to transit the bridge various levels of government. We have requires Federal agencies to consider analyzed this rule under that order and when advanced notice is given. Vessels the potential impact of regulations on in distress and public vessels of the have determined that it is consistent small entities during rulemaking. The with the fundamental federalism United States must be allowed to pass term ‘‘small entities’’ comprises small at any time. principles and preemption requirements businesses, not-for-profit organizations described in Executive Order 13132. IV. Discussion of Comments, Changes, that are independently owned and Also, this rule does not have tribal and the Final Rule operated and are not dominant in their implications under Executive Order fields, and governmental jurisdictions 13175, Consultation and Coordination The one comment received did not with populations of less than 50,000. with Indian Tribal Governments, object to the rule change but provided The Coast Guard received zero because it does not have a substantial suggestions in addition to the proposed comments from the Small Business direct effect on one or more Indian rule change. The commenter felt the Administration on this rule. The Coast tribes, on the relationship between the bridge should remain open until 6 p.m. Guard certifies under 5 U.S.C. 605(b) Federal Government and Indian tribes, before shifting to the three hour that this rule will not have a significant or on the distribution of power and advanced notice for an opening. The economic impact on a substantial responsibilities between the Federal rule allows the bridge to shift to the number of small entities. Government and Indian tribes. three hour advanced notice at 7 p.m. While some owners or operators of until 7 a.m. daily. The commenter vessels intending to transit the bridge E. Unfunded Mandates Reform Act would like signage to be placed at may be small entities, for the reasons The Unfunded Mandates Reform Act unspecified locations along the stated in section V.A above, this rule of 1995 (2 U.S.C. 1531–1538) requires waterway approximately one mile will not have a significant economic Federal agencies to assess the effects of before the bridge. Per the commenter, impact on any vessel owner or operator. their discretionary regulatory actions. In this would greatly reduce congestion in Under section 213(a) of the Small particular, the Act addresses actions the narrow channel at the bridge when Business Regulatory Enforcement that may result in the expenditure by a in the closed position. Contact Fairness Act of 1996 (Pub. L. 104–121), State, local, or tribal government, in the information for the bridge is found in 33 we want to assist small entities in aggregate, or by the private sector of CFR 117.317(e) and posted on the bridge understanding this rule. If the rule may $100,000,000 (adjusted for inflation) or per Federal drawbridge regulations. affect your small business, organization, more in any one year. Though this rule Additional posting requirements, not in or governmental jurisdiction or you will not result in such an expenditure, have questions concerning its accordance Federal drawbridge we do discuss the effects of this rule provisions or options for compliance, regulations, are outside the Coast elsewhere in this preamble. please contact the person listed in the Guard’s authority. The Coast Guard FOR FURTHER INFORMATION CONTACT F. Environment provided the bridge owner, CSX section. We have analyzed this rule under Transportation, with this Small businesses may send comments Department of Homeland Security recommendation from the commenter on the actions of Federal employees Management Directive 023–01, Rev.1, for consideration. who enforce, or otherwise determine associated implementing instructions, V. Regulatory Analyses compliance with, Federal regulations to and Environmental Planning Policy the Small Business and Agriculture COMDTINST 5090.1 (series) which We developed this rule after Regulatory Enforcement Ombudsman guide the Coast Guard in complying considering numerous statutes and and the Regional Small Business with the National Environmental Policy Executive orders related to rulemaking. Regulatory Fairness Boards. The Act of 1969 (NEPA) (42 U.S.C. 4321– Below we summarize our analyses Ombudsman evaluates these actions 4370f). The Coast Guard has determined based on a number of these statutes and annually and rates each agency’s that this action is one of a category of Executive orders, and we discuss First responsiveness to small business. If you actions that do not individually or Amendment rights of protesters. wish to comment on actions by cumulatively have a significant effect on

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the human environment. This rule vessel entering the swing radius of the Folder on the line associated with this promulgates the operating regulations or bridge, the operator shall initiate the rule. procedures for drawbridges and is closing sequence, which includes the FOR FURTHER INFORMATION CONTACT: If categorically excluded from further sounding of a horn. The span will you have questions on this rule, call or review, under paragraph L49, of Chapter remain in the closed position for the email Mr. Lee D. Soule, Bridge 3, Table 3–1 of the U.S. Coast Guard entire time the track circuit is occupied Management Specialist, Ninth Coast Environmental Planning displaying red lights. Guard District; telephone 216–902– Implementation Procedures. (5) After the train has cleared the 6085, email [email protected]. Neither a Record of Environmental track circuit, the span shall open and SUPPLEMENTARY INFORMATION: Consideration nor a Memorandum for green lights will be displayed. the Record are required for this rule. (6) From 7 p.m. to 7 a.m., the bridge I. Table of Abbreviations G. Protest Activities will be in the closed to navigation CFR Code of Federal Regulations position and will open if at least a three DHS Department of Homeland Security The Coast Guard respects the First hour advance notice is requested via FR Federal Register Amendment rights of protesters. marine radio channel 9 VHF or OMB Office of Management and Budget Protesters are asked to contact the telephone (813) 677–3974. NPRM Notice of proposed rulemaking person listed in the FOR FURTHER (7) The bridge shall not be operated (Advance, Supplemental) INFORMATION CONTACT section to from the remote location in the § Section coordinate protest activities so that your following events: Failure or obstruction TD Temporary deviation with request for message can be received without comments of the detection sensors, remote U.S.C. United States Code jeopardizing the safety or security of actuation systems, cameras, or marine people, places or vessels. radio communications, or when II. Background Information and List of Subjects in 33 CFR Part 117 directed by the Coast Guard. In these Regulatory History situations, a bridge operator must be on- Bridges. In 2010 we published a NPRM to site and locally operate the bridge. solicit comments concerning allowing For the reasons discussed in the * * * * * the Canadian National Railroad Bridge, preamble, the Coast Guard amends 33 mile 55.72 to operate remotely (75 FR CFR part 117 as follows: Dated: July 7, 2021. Eric C. Jones, 76322, December 8, 2010; USCG–2010– 1029). The public requested the bridge PART 117—DRAWBRIDGE Rear Admiral, U.S. Coast Guard, Commander OPERATION REGULATIONS Seventh Coast Guard District. owner to install and maintain additional warning lights. The NPRM was [FR Doc. 2021–15833 Filed 7–23–21; 8:45 am] ■ 1. The authority citation for part 117 withdrawn because the railroad refused continues to read as follows: BILLING CODE 9110–04–P to install and maintain the additional Authority: 33 U.S.C. 499; 33 CFR 1.05–1; warning lights the public requested (76 and Department of Homeland Security DEPARTMENT OF HOMELAND FR 13312, March 11, 2011). Recently, Delegation No. 0170.1. SECURITY the Railroad has agreed that from April 27 through October 7 additional ■ 2. Amend § 117.317 by revising warning lights, specifically those paragraph (e) to read as follows: Coast Guard alternating flashing red lights that § 117.317 Okeechobee Waterway. 33 CFR Part 117 mimic a Grade Crossing Signal commonly found at highway railroad * * * * * [Docket No. USCG–2020–0056] (e) Seaboard System Railroad bridge, crossing would be installed and mile 28.2 at Indiantown. The draw of RIN 1625–AA09 maintained to warn mariners that the the CSX Railroad Bridge, mile 28.2 at bridge was about to close. The remote Indiantown, FL, shall operate as Drawbridge Operation Regulation; Fox operator shall also announce that the follows: River, Oshkosh, WI bridge is opening or closing on VHF–FM (1) The swing bridge is not tendered Marine Radiotelephone. The owners of AGENCY: Coast Guard, Department of locally, but will be monitored and the bridge shall maintain 2 board gauges Homeland Security (DHS). operated by a remote operator. in accordance with 33 CFR 118.160. The (2) Marine radio communication shall ACTION: Final rule. remote drawtender may be contacted by be maintained, by the remote operator, mariners at any time by radiotelephone SUMMARY: The Coast Guard is amending with mariners near the bridge for the or commercial phone number; this the operating schedule that governs the safety of navigation. Visual monitoring information shall be so posted on the Canadian National Railroad Bridge, mile of the waterway shall be maintained bridge so that they are plainly visible to 55.72, across the Fox River to operate with the use of cameras. Detection vessel operators approaching the up or remotely. The request was made by the sensors shall be installed for the downstream side of the bridge. bridge owner. This rule re-establishes detection of vessels entering the radius The current winter operating schedule remote operations of the bridge and will of the swing span of the bridge while in requiring vessels to provide at least 12- not change the operating schedule of the operation. hours advance notice for a bridge bridge. (3) From 7 a.m. to 7 p.m., the bridge opening during the winter will remain will be maintained in the open to DATES: This rule is effective August 25, in effect. Additionally, the clearance navigation position and will display 2021. gauges would still be required to green lights to indicate that the span is ADDRESSES: To view documents indicate to vessels the water levels and fully open. mentioned in this preamble as being clearance while the bridge is in the (4) When a train approaches, the available in the docket, go to https:// closed position. During the comment remote operator shall monitor for www.regulations.gov. Type USCG– period, a tender will be at the bridge to vessels in the vicinity of the bridge. 2020–0056 in the ‘‘SEARCH’’ box and allow the public to observe the Provided the sensors do not detect a click ‘‘SEARCH.’’ Click on Open Docket proposed bridge operations. We

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published an after the fact TD in the This regulatory action determination D. Federalism and Indian Tribal Federal Register (85 FR 54496) on is based on the ability that vessels can Government September 2, 2020, for a test schedule still transit the bridge given advanced A rule has implications for federalism that ran from April 26, 2020, through notice in the winter and by signal all under Executive Order 13132, September 2, 2020. Posting in the other times. Federalism, if it has a substantial direct Federal Register was delayed due to B. Impact on Small Entities effect on the States, on the relationship COVID–19 but we supplemented the between the National Government and request with direct emails, Local Notice The Regulatory Flexibility Act of 1980 the States, or on the distribution of to Mariners, and internet based (RFA), 5 U.S.C. 601–612, as amended, power and responsibilities among the meetings platforms. No comments were requires Federal agencies to consider various levels of government. We have received. the potential impact of regulations on analyzed this rule under that order and We published a NPRM in the Federal small entities during rulemaking. The have determined that it is consistent Register (86 FR 18925) that was term ‘‘small entities’’ comprises small with the fundamental federalism published on April 12, 2021, and businesses, not-for-profit organizations principles and preemption requirements requested comments until June 11, that are independently owned and described in Executive Order 13132. 2021. We received one comment operated and are not dominant in their Also, this rule does not have tribal concerned with general safety at the fields, and governmental jurisdictions implications under Executive Order bridge. The commenter predicted with populations of less than 50,000. 13175, Consultation and Coordination remotely operating the bridge would The Coast Guard received no comments with Indian Tribal Governments, result in a higher risk of allision and from the Small Business Administration because it does not have a substantial collisions at the bridge along with on this rule. The Coast Guard certifies direct effect on one or more Indian increased delays for boaters. Most of the under 5 U.S.C. 605(b) that this rule will tribes, on the relationship between the commenter’s concerns were addressed not have a significant economic impact Federal Government and Indian tribes, in the TD and NPRM and no reports of on a substantial number of small or on the distribution of power and mishap or allision was received during entities. responsibilities between the Federal the TD. The commenter stated long While some owners or operators of Government and Indian tribes. We did not receive any comments delays at the bridge for vessels; vessels intending to transit the bridge from Indian Tribal Governments. however, the Coast Guard has not may be small entities, for the reasons received any reports of delay in stated in section V. A above, this rule E. Unfunded Mandates Reform Act approximately five years. will not have a significant economic The Unfunded Mandates Reform Act III. Legal Authority and Need for Rule impact on any vessel owner or operator. of 1995 (2 U.S.C. 1531–1538) requires The Coast Guard is issuing this rule Under section 213(a) of the Small Federal agencies to assess the effects of under authority 33 U.S.C. 499. This rule Business Regulatory Enforcement their discretionary regulatory actions. In particular, the Act addresses actions will allow the bridge to operate Fairness Act of 1996 (Pub. L. 104–121), that may result in the expenditure by a remotely and it will not change the we want to assist small entities in State, local, or tribal government, in the operating schedule of the bridge. The understanding this rule. If the rule aggregate, or by the private sector of bridge will open on signal, except when would affect your small business, $100,000,000 (adjusted for inflation) or ice forms in the waterway and vessels organization, or governmental more in any one year. Though this rule can request an opening if a 12-hour jurisdiction and you have questions will not result in such an expenditure, advance notice is provided. concerning its provisions or options for compliance, please contact the person we do discuss the effects of this rule IV. Discussion of Final Rule listed in the FOR FURTHER INFORMATION elsewhere in this preamble. We carefully reviewed the comments CONTACT section. F. Environment and did not find good reason to alter the Small businesses may send comments We have analyzed this rule under language as published in the NPRM. on the actions of Federal employees Department of Homeland Security who enforce, or otherwise determine V. Regulatory Analyses Management Directive 023–01, Rev.1, compliance with, Federal regulations to associated implementing instructions, We developed this rule after the Small Business and Agriculture and Environmental Planning Policy considering numerous statutes and Regulatory Enforcement Ombudsman COMDTINST 5090.1 (series) which Executive orders related to rulemaking. and the Regional Small Business guide the Coast Guard in complying Below we summarize our analyses Regulatory Fairness Boards. The with the National Environmental Policy based on a number of these statutes and Ombudsman evaluates these actions Act of 1969 (NEPA) (42 U.S.C. 4321– Executive orders, and we discuss First annually and rates each agency’s 4370f). The Coast Guard has determined Amendment rights of protesters. responsiveness to small business. If you that this action is one of a category of wish to comment on actions by A. Regulatory Planning and Review actions that do not individually or employees of the Coast Guard, call 1– cumulatively have a significant effect on Executive Orders 12866 and 13563 888–REG–FAIR (1–888–734–3247). The the human environment. This rule direct agencies to assess the costs and Coast Guard will not retaliate against promulgates the operating regulations or benefits of available regulatory small entities that question or complain procedures for drawbridges and is alternatives and, if regulation is about this rule or any policy or action categorically excluded from further necessary, to select regulatory of the Coast Guard. review, under paragraph L49, of Chapter approaches that maximize net benefits. C. Collection of Information 3, Table 3–1 of the U.S. Coast Guard This rule has not been designated a Environmental Planning ‘‘significant regulatory action,’’ under This rule calls for no new collection Implementation Procedures. Executive Order 12866. Accordingly, it of information under the Paperwork Neither a Record of Environmental has not been reviewed by the Office of Reduction Act of 1995 (44 U.S.C. 3501– Consideration nor a Memorandum for Management and Budget (OMB). 3520). the Record are required for this rule.

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G. Protest Activities DEPARTMENT OF EDUCATION (c) Providing opportunities for interpreters to raise their skill level The Coast Guard respects the First 34 CFR Chapter III competence in order to meet the highest Amendment rights of protesters. [Docket ID ED–2021–OSERS–0003] standards approved by certifying Protesters are asked to contact the associations. person listed in the FOR FURTHER Final Priority and Requirements— Program Authority: 29 U.S.C. 709(c) INFORMATION CONTACT section to Training of Interpreters for Individuals and 772(a) and (f). coordinate protest activities so that your Who Are Deaf or Hard of Hearing and Applicable Program Regulations: 34 message can be received without Individuals Who Are DeafBlind CFR part 396. jeopardizing the safety or security of Program We published a notice of proposed people, places or vessels. priority and requirements (NPP) for this AGENCY: Office of Special Education and competition in the Federal Register on List of Subjects in 33 CFR Part 117 Rehabilitative Services, Department of March 2, 2021 (86 FR 12136). That Education. document contained background Bridges. ACTION: Final priority and requirements. information and our reasons for For the reasons discussed in the proposing the priority and SUMMARY: The Department of Education requirements. preamble, the Coast Guard amends 33 (Department) announces a priority and CFR part 117 as follows: Public Comment: In response to our requirements for the Training of invitation in the NPP, 71 parties Interpreters for Individuals Who Are PART 117—DRAWBRIDGE submitted comments on the proposed Deaf or Hard of Hearing and Individuals OPERATION REGULATIONS priority and requirements. Most of the Who Are DeafBlind program, Assistance commenters expressed support for the Listing Number 84.160D. The ■ 1. The authority citation for part 117 specialty areas in the priority, which Department may use the priority and included increasing skills of novice continues to read as follows: requirements for competitions in interpreters, trilingual interpreting Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Federal fiscal year (FFY) 2021 and later (including Spanish), advanced skills for and Department of Homeland Security years. We take this action to provide working interpreters, as well as field- Delegation No. 0170.1. training to working interpreters in order initiated projects such as interpreting in to develop a new skill area or enhance healthcare (including hard-to-serve ■ 2. Amend § 117.1087 by revising an existing skill area. This notice relates paragraph (c) to read as follows: populations), interpreting for to the approved information collection individuals who are DeafBlind, and § 117.1087 Fox River. under OMB control number 1820–0018. atypical language interpreting. DATES: This priority and requirements * * * * * Commenters expressed that the are effective August 25, 2021. specialty areas are relevant, critical, and (c) The draw of the Canadian National FOR FURTHER INFORMATION CONTACT: appropriately value remote learning, Railroad Bridge at mile 55.72 shall open Kristen Rhinehart-Fernandez, U.S. field work, mentorship, and coaching on signal, except from October 8 Department of Education, 400 Maryland experiences. through April 26; the draw shall open Avenue SW, Room 5094, Potomac We group major issues according to if at least 12-hours advance notice is Center Plaza, Washington, DC 20202– subject and discuss substantive issues given. The bridge is authorized to be 2800. Telephone: (202) 245–6103. under the title of the priority or operated remotely. The owners of the Email: [email protected]. requirement to which they pertain. bridge shall provide and keep in good If you use a telecommunications Generally, we do not address technical legible condition two board gauges device for the deaf (TDD) or a text and other minor changes. In addition, painted white with black figures to telephone (TTY), call the Federal Relay we do not address general comments indicate the vertical clearance under the Service (FRS), toll free, at 1–800–877– that raised concerns not related to the closed draw at all water levels. The 8339. proposed priority or requirements. gauges shall be so placed on the bridge SUPPLEMENTARY INFORMATION: Analysis of the Comments and that they are plainly visible to operators Purpose of Program: The Training of Changes: An analysis of the comments of vessels approaching the bridge either Interpreters for Individuals Who Are and of any changes in the priority and up or downstream. The bridge shall Deaf or Hard of Hearing and Individuals requirements since publication of the NPP follows. operate and maintain a VHF–FM Marine Who Are DeafBlind program is designed to establish interpreter training Radio. In addition to the required bridge Interpreting in Specialty Areas programs or to provide financial lights, the owner’s shall install and assistance for ongoing interpreter Comment: One commenter referenced maintain alternating red lights in a programs to train a sufficient number of Specialty Area (1) (increasing skills for horizontal line that mimic grade qualified interpreters throughout the novice interpreters) and reiterated that, crossing lights and bell to warn country in order to meet the according to the National Interpreter mariners that the bridge is lowering. communication needs of individuals Education Center (NIEC), challenges * * * * * who are deaf or hard of hearing and facing interpreter training and education individuals who are DeafBlind by— programs are prevalent. The commenter M.J. Johnston, (a) Training interpreters to effectively asserted that interpreter education Rear Admiral, U.S. Coast Guard, Commander, interpret and transliterate between programs fail to produce enough Ninth Coast Guard District. spoken language and sign language and American Sign Language (ASL) fluent [FR Doc. 2021–15806 Filed 7–23–21; 8:45 am] to transliterate between spoken language graduates and further stated that there BILLING CODE 9110–04–P and oral or tactile modes of needs to be an emphasis on recruiting communication; individuals from underrepresented (b) Ensuring the maintenance of the groups for interpreter training programs. interpreting skills of qualified The commenter also stated that interpreters; and retention of novice interpreters from

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underrepresented groups is vital to the Comment: Four commenters individuals who are deaf, hard of success of the specialty area. The expressed support for Specialty Area (3) hearing, and DeafBlind are necessary. commenter noted that there are (advanced skills for working Applicants under this specialty area currently gaps in knowledge about the interpreters). One commenter stated that may incorporate skills training for interpreting process and ethical interpreters with advanced skills and interpreting in telehealth settings to best decision-making among novice knowledge of highly specialized facilitate telehealth medical interpreters. The commenter also stated terminology, discourse, and emerging appointments. that training programs should include areas of ASL are drastically needed to Changes: None. curriculum that is accessible for assist individuals who are deaf and hard Comment: Nine commenters students who are deaf and hard of of hearing and pursuing highly expressed support for Specialty Area hearing. specialized areas of education. (5), topic area (b) (interpreting for Discussion: The Department agrees Commenters stated that knowledge and individuals who are DeafBlind). with the comments about the awareness of the ethical implications in Commenters highlighted the essential importance of training and education the field of interpreting are vital for connection between access to skilled for, and retention of, interpreters, interpreter training programs. Lastly, interpreters and autonomy for including interpreters from one commenter emphasized that individuals who are DeafBlind. underrepresented groups. Applicants heritage signers would greatly benefit Within Specialty Area (5), topic area are encouraged to formulate curriculum from gaining advanced skills in (b), many commenters stated support for for novice interpreters from interpreting and that heritage language training in and awareness of protactile underrepresented groups, novice interpreters should be explicitly interpreting because it is critical for the success, autonomy, and opportunities interpreters who are deaf or hard of included within the specialty area. for employment of individuals who are hearing, and other groups of novice Discussion: We appreciate the DeafBlind. Commenters asserted that interpreters. comments and agree that it is crucial for the traditional means of communication Changes: None. interpreters, including heritage signers who are working as interpreters, to for individuals who are DeafBlind, such Comment: Six commenters expressed as manual ASL and print-on-palm, lack support for Specialty Area (2) (trilingual improve their working knowledge and skills and stay up to date on ethical the fullness and richness of expression interpreting (including Spanish)) and considerations in interpreting. found in protactile ASL. Three explained that the demand for trilingual Applicants who identify a need for commenters stated that grantees focused interpreters grows every year as more advanced skills for working interpreters on protactile ASL should commit to diverse and Spanish-speaking are encouraged to apply under this following evidence-based practices as a individuals who are deaf, hard of specialty area. result of baseline data collected over the hearing, and DeafBlind enter higher Changes: None. past five years and should recruit education and the workforce. One Comment: Six commenters expressed experienced DeafBlind language experts commenter noted that expanding support for Specialty Area (5), topic area to assist in the formulation of the interpreter training to individuals from (a) (interpreting in healthcare including project. Another commenter referenced a variety of backgrounds would increase interpreting for hard-to-serve survey results from multiple training the availability of interpreters with populations). Two commenters cohorts of Deafblind interpreters that skills in third languages. The same emphasized the severe lack of qualified recognized protactile interpreting as a commenter explained that interpreters interpreters within the healthcare language separate from ASL with its will benefit from this specialty area by profession and the barriers this creates own grammatical rules. Finally, one expanding their skills in trilingual for individuals who are deaf, hard of commenter shared that the extreme lack interpreting and the recipients of hearing, and DeafBlind. The of protactile interpreters has created a services will benefit from the diverse commenters referred to the Americans compounding negative effect for range of interpreter skills available to with Disabilities Act (ADA), and stated individuals who are DeafBlind, such as them. Furthermore, commenters that effective communication is vital to a lack of educational opportunities, explained that this specialty area will ensure individuals who are deaf, hard of isolation, and mental health issues. help interpreter training participants to hearing, and DeafBlind receive quality Discussion: We appreciate the unlearn bias, develop problem-solving healthcare. The same commenters comments. We agree with the skills, and be more open-minded. A explained that a delay in effective commenters who recommended that final commenter recommended adding a communication can lead to a delay in projects be based on evidence-based third language requirement to direct patient care, including care practices and note that the priority interpreter training programs so that coordination, and can ultimately addresses the use of evidence-based interpreters may assist individuals who produce poor patient outcomes. Two practices. Under Application do not use ASL as their primary commenters expressed the increased Requirements, ‘‘Significance of the language. need for interpreters who are proficient Proposed Project,’’ paragraphs (a)(3)(i)– Discussion: The Department in telehealth and telemedicine settings (ii), applicants must identify appreciates the comments. In the and that training in this area should be competencies that working interpreters background section of the NPP, we incorporated within the specialty area. must demonstrate in order to provide explained that there may be parts of the Discussion: The Department high-quality services in the identified country where multiple languages are appreciates the comments and agrees specialty area using practices that spoken by individuals who are deaf and that effective communication is vital for demonstrate a rationale or are based on hard of hearing. Therefore, applicants individuals who are deaf, hard of instruction supported by evidence, may propose projects with multiple hearing, and DeafBlind to receive when available, and demonstrate that language combinations, which may quality healthcare services. the identified competencies are based include individuals who use signed Furthermore, the Department agrees that on practices that demonstrate a rationale languages other than ASL as their the demand for telehealth appointments or are supported by evidence. primary language. has grown due to the COVID–19 Additionally, under Application Changes: None. pandemic and accommodations for Requirements, ‘‘Quality of Project

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Services,’’ paragraph (c)(6), applicants Discussion: To expand on the highly qualified interpreters for students must describe how the project will background information provided in the from pre-K to grade 12, including incorporate adult learning principles NPP, we support the inclusion of interpreters trained in specialized areas and practices that demonstrate a individuals who may become deaf as a needed for high school students, and the rationale or are supported by promising result of injury, illness, or sudden information about UD and the least evidence for adult learners. change from verbal to non-verbal restrictive environment. The In response to the commenter’s communication (late-deafened Department funds grant awards to train suggestion that experienced DeafBlind individuals) as those who may seek interpreters to work with children from language experts should assist in the services from interpreters trained in pre-K to grade 12 under the Individuals formulation of the project, the atypical language. According to the with Disabilities Education Act (IDEA) Department notes that the priority NIEC trends report (2015), the late- Personnel Preparation in Special addresses how interpreters, interpreter deafened population is growing swiftly Education, Early Intervention, and educators, and others will be involved and includes a growing population of Related Services program. It would be in the formulation of the project. Under returning veterans with hearing loss. duplicative to include training for Application Requirements, ‘‘Quality of According to the Hearing Health interpreters to work with children and Project Design’’ paragraph (b)(3), Foundation, 60 percent of veterans students from pre-K to grade 12 in this applicants must describe how the returning from Iraq and Afghanistan priority. The purpose of this priority is proposed project will provide skilled, have a hearing loss, and the Department to fund projects that provide training to diverse, and experienced leaders, of Defense identified hearing loss as the working interpreters in one of five mentors, facilitators, coaches, and most prevalent war wound. Lastly, in specialty areas to effectively meet the subject matter experts, as appropriate response to a question posed by a communication needs of individuals for the specialty area, to participants, as commenter about expanding atypical who are deaf or hard of hearing and needed. Lastly, the Department language interpreting services to deaf individuals who are DeafBlind receiving recognizes the need for training and seniors who may not be receiving VR VR services and/or services from other awareness of pro-tactile American sign services, atypical language interpreting programs, such as independent living language (PTASL). As we noted in the services can be extended to all services, under the Rehabilitation Act. background section of the NPP, projects participants supported by the Changes: None. Comment: Two commenters under Specialty Area (5), topic area (b), Rehabilitation Act of 1973 recommended adding a requirement may include various techniques for (Rehabilitation Act), even if they are not that eligible applicants possess interpreting for individuals who are actively seeking VR services. Commission on Collegiate Interpreter DeafBlind, including print on palm Changes: None. Education (CCIE) accreditation because (POP), tactile sign language, tracking, Eligibility Requirements CCIE is the only recognized external tactile fingerspelling, Tadoma, PTASL, Comment: Many commenters reviewing body to provide assurance and others. expressed a desire that we expand the that interpreter education programs Changes: None. specialty areas to include training for have met standards of quality. One Comment: Four commenters stated interpreters to meet the needs of commenter noted that, under support for Specialty Area (5), topic area students who are deaf, hard of hearing, Application Requirements, ‘‘Quality of (c) (atypical language interpreting). With and DeafBlind from pre-Kindergarten Project Design,’’ paragraph (b)(1), regard to the background information (pre-K) to grade 12 and increase the applicants may be required to develop provided in the NPP on topic area (c), number of highly qualified interpreters a new training program or stand-alone one commenter noted that while in the classroom. Two commenters modules that can be incorporated into Specialty Area (5), topic area (c), referred to Universal Design (UD) for existing ASL/English or ASL/other acknowledges the senior deaf Learning, which provides the spoken language interpreter education population, the specialty area should be opportunity for all students to access, programs. The commenter stated that if expanded to include training for participate in, and progress in general- the grantee does not hold CCIE interpreters needed as the result of an education curriculum by reducing accreditation, these potentially high- injury or sudden change in verbal barriers to instruction. The same two impact deliverables may be of communication. The commenter stated commenters also referred to the least insufficient quality. that although the inclusion of the senior restrictive environment, which requires Discussion: The Department deaf population is positive for those that students with disabilities receive an appreciates the comments. We recognize who can communicate easily with an education to the maximum extent that CCIE is the only entity in the field interpreter, it may be difficult for an appropriate, with nondisabled peers, of interpreter education that measures individual who is not used to working and that special education students are the standards of interpreter education with an interpreter. The commenter not removed from regular classes unless programs. We also understand CCIE was explained that having the skillset in education in regular classes with the use founded to promote professionalism in atypical language interpreting is of supplemental aids and services the field of interpreter education essential, but the ability to meet an cannot be achieved. Commenters stated through the process of accreditation. We individual at their level of that training interpreters and increasing are concerned about budgetary and understanding is also essential. standards will positively affect how other constraints that may limit Additionally, the commenter stated that students receive an education and how institutions pursuing CCIE individuals who demonstrate non- students develop the skills they need to accreditation. Additionally, requiring verbal communication would also succeed in life. Further, commenters applicants to possess CCIE accreditation benefit from interpreters trained in this noted that interpreters trained in would limit the pool of eligible specialty area. Another commenter specialized areas are needed for high applicants. At this time, there are 58 asked if grantees are permitted to school students taking advanced classes identified baccalaureate (BA) expand atypical language interpreting such as calculus, physics, and STEM. interpreting programs nationwide services to deaf seniors who may not be Discussion: We appreciate the representing full interpreting BA receiving VR services. comments describing the need for programs or a BA with interpreting

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combined with another study. Of those, However, as we intend to use the requirement, especially due to the according to the CCIE website, 16 BA selection criteria in 34 CFR 75.210 in COVID–19 pandemic. The Department programs are CCIE accredited. By not combination with these application is concerned about the ability of requiring CCIE accreditation, we are requirements in the competition for this grantees to effectively meet the cost- broadening the applicant pool, program, it is important that the lists of share requirement given uncertainties especially for novice applicants, and groups align to help ensure clarity and due to the COVID–19 pandemic while ensuring diversity, equity, and inclusion consistency. also ensuring the delivery of high- among all prospective applicants. Changes: None. quality training. Interpreter training Changes: None. Comment: One commenter stated that programs are generally smaller programs trained interpreters need to have Other Areas within IHEs, and they may not fully background checks before working with benefit from the financial support Comment: Two commenters individuals who are deaf, hard of available during the COVID–19 recommended expanding the non- hearing, and DeafBlind. pandemic. Therefore, a cost-share discrimination categories included Discussion: The Department requirement may discourage eligible under Application Requirements, acknowledges the importance of safety applicants, especially first-time paragraph (c)(1) and (e)(1), which state for individuals with disabilities who are applicants. To address these concerns, that applicants must demonstrate how deaf, hard of hearing, and DeafBlind. and as reflected in the notice inviting the project will ensure equal access and However, background checks for applications (NIA) for this program, treatment for eligible project program participants are not required published elsewhere in this issue of the participants who are members of groups under this priority due to the potential Federal Register, the Department is not who have traditionally been costs and time associated with requiring any cost-share for the Federal underrepresented based on race, color, conducting background check Fiscal Year 2021 competition. national origin, gender, age, or investigations, interest in protecting the Changes: None. disability. One commenter commended privacy of participants, and concern Working Interpreters the Department for its inclusion of about potentially limiting trainee ‘‘gender’’ within the list of non- participation. Applicants are Comment: Five commenters raised discrimination categories, which encouraged to follow their concerns about the requirement that safeguards transgender individuals or organization’s policies and procedures interpreter training in specialty areas those otherwise impacted by gender to determine if there is a need for focus on working interpreters (i.e., identity. The commenter further noted participant background checks based on interpreters with a baccalaureate degree that ‘‘sexual orientation’’ should be the type of specialized training. in ASL-English who possess a minimum included within the list of non- Changes: None. of three years of relevant experience as discrimination categories. The Comment: One commenter noted that an interpreter) stated in the background commenter explained that the inclusion the Application Requirements would be section of the NPP. One commenter of ‘‘sexual orientation’’ is important for easier to understand if they were stated that, while the priority defines the protection of Lesbian, Gay, Bisexual, organized into shorter sections. working interpreters as those who have Transgender, and Queer/Questioning Discussion: We appreciate the graduated from four-year bachelor’s (LBGTQ) individuals, as members of a comment. We did not receive any degree programs in interpreting, the group that has traditionally been further comments or recommendations Registry for Interpreters of the Deaf underrepresented. Another commenter regarding the organization and clarity of (RID) requires a bachelor’s degree but it urged the Department to expand the list the Application Requirements. We are does not have to be in interpreting. A of non-discrimination categories to following the typical structure we have second commenter asserted that in the include gender identity or expression, used for priorities under this program. NPP, the definition of ‘‘working racial identity, religious affiliation, Changes: None. interpreters’’ does not align with current sexual orientation, socioeconomic industry standards. For example, the status, deaf or hard of hearing status, Cost-Share industry accepts life experience, years disability status, age, geographic locale, Comment: Several commenters of professional experience, and years of sign language interpreting experience, requested reduction or removal of the education (credit hours) not totaling a certification status and level, and cost-share requirement. One commenter formal degree and accepts continuing language basis. The commenter asked emphasized that discretionary grant education units in addition to the that applications be evaluated based on projects require significant effort with aforementioned in order to satisfy the a commitment to ensuring participation support needed across multiple areas of educational equivalency application. from the widest variety of society. the university to process, support, and The commenter urged the Department to Discussion: The Department effectively manage the project. Another establish similar education equivalency appreciates the comments regarding the commenter asserted that institutions of standards. A third commenter noted groups of people that have been higher education (IHEs) have been that becoming a qualified interpreter is traditionally underrepresented preparing for a sharp decrease in very difficult and that it is important to described under Application student enrollment, budget cuts, and the help interpreter students obtain the Requirements, ‘‘Quality of Project elimination of academic programs due necessary qualifications needed to meet Services,’’ paragraph (c)(1) and to COVID–19. Commenters explained the needs of individuals who are deaf, ‘‘Adequacy of Project Resources,’’ that for eligible applicants, the expected hard of hearing, and DeafBlind. A fourth paragraph (e)(1). In these requirements, cost-share percentage may be a barrier to commenter remarked that this the groups of people that we have prospective applicants as IHEs may not requirement appears to be inconsistent identified as historically be in position to meet the cost-share with the goals of the program. The same underrepresented mirror the identified requirement. commenter asserted that requiring three groups in the Department’s general Discussion: The Department years of experience in order to receive selection criteria for discretionary grant recognizes the concerns raised by the training defeats the purpose of all competitions in 34 CFR 75.210. We commenters and acknowledges interpreters nationwide having the recognize that this list is not exhaustive. hardships in meeting the cost-share capabilities to develop specialized

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skills. A fifth commenter noted that interpreter training in specialty areas proposes training in a new specialty there are many novice and experienced requires a solid foundation in ASL area that does not currently exist or for interpreters who would not qualify to fluency and interpreting experience. which there are no baseline data, the participate in the program under the The specialty areas are rigorous, and applicant should provide an adequate definition of ‘‘working interpreter.’’ The require self-discipline, commitment, explanation of the lack of reliable data commenter also stated that associate and time management. Therefore, we and may report zero as a baseline. and certificate interpreter programs have established that three years of Changes: None. continue to exist and are a critical entry experience for working interpreters is Comment: Some commenters asserted point for many Black, Indigenous, and needed to demonstrate language that the majority of sign language People of Color (BIPOC) interpreters, proficiency in ASL and experience interpreters are non-native users of ASL. who are often first-generation college interpreting for individuals with a range Commenters explained that, as a result, students and that requiring a bachelor’s of communication skills. most interpreter training programs focus degree before participating in Finally, we agree with the comment on second language learners (L2) instead specialized training excludes a viable that associate and certificate interpreter of native signers, heritage signers, and group of participants in the program. programs continue to exist and are a lifelong fluent signers. One commenter Conversely, one commenter supported critical entry point for many BIPOC explained that, while each of these requiring three years of experience and interpreters. Therefore, we have groups is different in terms of formative a diploma for ASL because it would expanded the list of locations for experience and language development raise the standards and quality of information dissemination to include trajectory, they have much more in interpreters across the Nation. associate degree level ASL-English common with each other than they do Discussion: The Department agrees programs. with L2 signers. The commenter with the commenters who contended Changes: We have expanded the specified that training programs should that the education and experience definition of ‘‘working interpreter’’ in prioritize these groups and consider requirements were too limiting and is the first paragraph of the final priority pedagogical implications. The expanding the definition of ‘‘working to reflect that interpreters who are commenter stated that signers with interpreter’’ to avoid unnecessarily considered for training in specialty strong ties to the Deaf community are an limiting the pool of qualified areas outlined in this priority must untapped pool of potential interpreters participants to those who have a possess a baccalaureate degree and a that can be quickly and effectively baccalaureate degree in ASL-English minimum of three years of relevant trained. The commenter further stressed and promote participation within experience as an interpreter. On a case- the urgent need for high-quality projects. To address the commenter’s by-case basis and in consultation with interpreters as more States pass suggestion to recognize educational RSA, educational equivalence may be licensure requirements. One commenter equivalence for participants who may used in place of the baccalaureate noted that recruitment is not enough not meet the definition of working degree. We also expanded the language and that interpreter training programs interpreter, educational equivalence under Application Requirements, should develop programming that may be used in place of the ‘‘Quality of Project Design,’’ paragraph addresses the needs of this frequently baccalaureate degree on a case-by-case (b)(1), and ‘‘Quality of Project Services,’’ overlooked population. To this end, one basis and in consultation with the RSA paragraph (c)(10)(ix), to include commenter recommended adding the project officer. Grantees should apply associate degree level ASL-English recruitment and training of native the definition of working interpreter programs. signers, heritage signers, and lifelong fluent signers as an additional specialty when identifying participants for their Program Design respective projects to the extent area. Another commenter proposed a possible. Comment: One commenter asked the modification under Application We disagree with the commenter who Department to modify the Application Requirements, ‘‘Quality of Project asserted that requiring three years of Requirements under ‘‘Significance of Services,’’ paragraph (c). The experience to receive training defeats the Project,’’ paragraph (a)(1), which commenter recommended the addition the purpose of all interpreters requires applicants to demonstrate that of a requirement that supports nationwide having the capabilities to data signifies a need for interpreters in interpreters who come from heritage develop specialized skills. The the designated specialty areas. The signing backgrounds, Deaf and child of Department believes that interpreting commenter stated that there is limited a Deaf adult (CODA) backgrounds, and experience is necessary for participants data available regarding interpreting in interpreters who have not engaged in to be successful in the program. specialty areas. The commenter structured interpreter training programs. According to the National Interpreter explained that the lack of data makes it Discussion: The Department agrees Education Center (NIEC) Trends Report difficult to demonstrate a need for that native, heritage, and lifelong fluent (2015), interpreter education programs interpreting in specialty areas that are signers have much to contribute to the generally do not produce graduates who mentioned in the priority, especially for profession of interpreting. The demonstrate fluency in American Sign field-initiated topic area (d) (other Department also recognizes the benefit Language (ASL). As a result, recent topics). The commenter asked the of the increased inclusion of Deaf graduates from interpreter training Department to allow applicants to interpreters and has supported programs with little or no work demonstrate need without relying solely interpreter practice and training for Deaf experience are limited in the range of on data. interpreters in prior grant cycles (see populations and settings in which they Discussion: The Department https://ncrtm.ed.gov/ for more can begin to gain work experience. Two appreciates the comment and recognizes information). In the NIEC 2015 Trends to four years of academic study of a that baseline data for interpreter training Report, 61 percent of service providers language is generally insufficient to in specialty areas is limited. We account responding to the trends survey acquire fluency in any language, much for this under Application reported an increase in the demand for less a modality-different language. Requirements, ‘‘Significance of the the services of Deaf interpreters and 81 Based on information gathered from the Project,’’ paragraph (a)(2). The section percent reported difficulty finding FY 2016 grant cycle, the success of states that, in the event that an applicant qualified Deaf interpreters. Specialty

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area (5)(d), other topics, allows for field- it is appropriate to require a bilingual subject matter experts, as appropriate initiated topics in a new topic area or in curriculum. for the specialty area, and develop areas for which there is existing training Changes: None. necessary training for them to improve that is not adequately meeting the needs Comment: Regarding Application and enhance interpreting skills in their of interpreters working in the field of Requirements, ‘‘Quality of Project respective areas, as well as in remote VR. Under specialty area (5)(d), Design,’’ paragraph (b), one commenter delivery, as needed. Applicants must applicants may propose a project that stated that the priority aims to address also describe how they will grow the addresses the inclusion, training, and the shortage of working interpreters but pool of experienced personnel and recruitment of Deaf signers. We agree does not give enough attention to the create opportunities for participants to with the recommendation to include shortage of skilled and experienced advance as mentors, coaches, and outreach for individuals who come from educators and mentors from diverse facilitators in the program. backgrounds available to support heritage signing, deaf, and CODA Induction Experience backgrounds in the ‘‘Quality of Project interpreter training in specialty areas. Services.’’ The commenter requested that we Comment: We received a number of Changes: We are revising Application require applicants to describe how they comments with respect to the Requirements, ‘‘Quality of Project will build and support the skills of requirements related to the induction Services,’’ paragraph (c)(3), to include educators who are also experienced and experience described under Application individuals who come from heritage comfortable with remote delivery. The Requirements, paragraph (c)(7)(iii). signing backgrounds, deaf, and CODA commenter reflected on their own Commenters observed some challenges backgrounds. experience, stating that it took about with offering a small number of high- quality induction experiences versus a Comment: One commenter noted that three years and a large part of a project to train, build capacity, and support a large number of induction experiences the Application Requirements do not small number of educators. The that may be of lower quality. Some mention language planning in the commenter concluded that investing in commenters noted that induction development or delivery of the project. skilled and experienced educators and experiences would lead to better The commenter recommended that a mentors would lead to meaningful qualified interpreters in specialized section be added under Application experiences for participants and long- areas while some other commenters Requirements, ‘‘Quality of Project term impacts for interpreter education. noted that participants may not be in a Services,’’ paragraph (c)(7) to require Discussion: We agree that it is position to commit to an induction that educational content and related important to provide participants with a experience and, as a result, potential discussions/activities be developed in high-quality training experience and for participants may decide not to both English and ASL. According to the applicants to identify skilled and participate in the program, leading to commenter who had developed a experienced leaders, mentors, programs serving fewer participants. bilingual curriculum, the ability to facilitators, coaches, and subject matter Additionally, commenters shared that engage with the content in both experts, as appropriate for the specialty for field-initiated projects, the languages has improved engagement area, and to develop the necessary interpreter training specialty area may from participants and learning outcomes training for them to improve and be brand new or in early development for all participants. enhance interpreting skills in their and, as a result, there may be limited More specifically, Deaf and CODA respective areas and deliver instruction opportunities for induction experiences. participants in the commenter’s project remotely, as needed. The remote Commenters noted limited availability reported that being able to learn in their learning environment must be of educators, mentors, and supervisors native language made learning more fun accessible to individuals with necessary to support the newly and engaging. Hearing participants disabilities in accordance with Section developed induction experiences. One reported that having the opportunity to 504 of the Rehabilitation Act of 1973 commenter encouraged induction discuss complex topics in ASL and Title II of the Americans with experiences to be fully and equally increased their language flexibility and Disabilities Act, as applicable. We also accessible to deaf and hard of hearing fluency. The commenter noted that recognize that there may be a limited individuals. Finally, commenters noted while the development of a bilingual pool of skilled and experienced leaders, that classroom instruction alone is not curriculum was time consuming and mentors, facilitators, coaches, and enough, indicating that inductions offer costly, it led to a positive retention rate subject matter experts. Applicants are participants a deeper learning and successful outcomes. strongly encouraged to consider train- experience and may offer opportunities Discussion: We agree that interpreter the-trainer models and other relevant for employment. training in specialized areas could models to increase their capacity, as Discussion: We agree that induction benefit from a bilingual curriculum to well as create opportunities for experiences are critical and necessary maximize engagement and outcomes for participants to advance as mentors, for interpreters to raise their skill level all participants, and applicants are coaches, and facilitators in the program. to effectively meet the communication encouraged to consider creating a Changes: Under Application needs of individuals who are deaf, hard bilingual curriculum. However, we have Requirements, we are revising ‘‘Quality of hearing, and DeafBlind. The proposed concerns about time and costs of Project Design,’’ paragraph (b)(3), to priority included a requirement that associated with this effort. Creating address providing skilled, diverse, and participants receive an induction in video content requires more and experienced leaders, mentors, each specialty area as part of successful different resources than educational facilitators, coaches, and subject matter completion in the program. We content that is only available in English/ experts, as needed. Under Application recognize that in-person inductions may print material. We also want to ensure Requirements, ‘‘Quality of Project need to occur remotely during the grantees are in a position to complete Services,’’ paragraph (c)(5), we are COVID–19 pandemic. We acknowledge pilots by the end of the first year and adding a requirement that applicants limitations regarding available begin training in the second year of the describe how they will identify skilled, induction opportunities and trained project. Accordingly, due to cost and diverse, and experienced leaders, personnel necessary to support them. timing considerations, we do not think mentors, facilitators, coaches, and We also acknowledge that not all

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potential participants are in a position ‘‘Quality of Project Design,’’ paragraphs and Definitions for Discretionary Grant to participate in an induction but would (b)(1), (2), and (4), should not be Programs, published on December 30, still benefit significantly from implemented entirely online. The 2020 (85 FR 86545), we have added to participating in the program. Finally, we commenter contended that online Application Requirements, ‘‘Quality of agree with the comment that inductions training is exclusive and only accessible Project Design,’’ paragraph (b)(1), that must be fully and equally accessible to to individuals who have access to the the remote learning environment must deaf, hard of hearing, and DeafBlind equipment needed to participate. be accessible to individuals with participants. Conversely, three commenters asserted disabilities in accordance with Section Changes: We are revising the that projects must continue virtually 504 of the Rehabilitation Act of 1973 Application Requirements, ‘‘Quality of during the COVID–19 pandemic. One and Title II of the Americans with Project Services,’’ paragraph (c)(8)(iii), commenter stated that even with the Disabilities Act, as applicable. to clarify that, to the extent possible, the challenges of COVID–19 and the Comment: One commenter noted that proposed project will establish changes to the learning environment, the priority and requirements do not induction experiences in the specialty this project can be done virtually. mention interpreting services provided area for participants as part of Another commenter shared that funding over the technological medium of video successful completion in the training could help create a program that (i.e., Over Video Interpreting) and program. We are also revising this functions well under current conditions recommended the incorporation of Over requirement to clarify that applicants in the COVID–19 pandemic. Finally, Video Interpreting in the priority and must be prepared to pivot between in- one commenter stated that preparing application requirements. The person and remote inductions during interpreters to work in a nearly commenter explained that Over Video the grant, as needed, throughout the exclusive virtual platform is necessary Interpreting occurs through video duration of the COVID–19 pandemic. and nearly non-existent in most conferencing software/equipment and a We also provide that the number of interpreter education program curricula. high-speed internet connection and can participants completing inductions may Discussion: We agree the COVID–19 be either Video Relay Service (VRS) or be based on availability of opportunities pandemic has substantially impacted all Video Remote Interpreting (VRI). The and trained personnel necessary to aspects of interpreter education and commenter shared that VRS, support them. Applicants must work to training from design to delivery of administered by the Federal increase the availability of inductions in services. We also agree that access to Communications Commission, employs their respective specialty area, where high-quality training is essential for all possible. Finally, we are expanding the participants in this program, regardless thousands of interpreters to provide requirements under paragraph (c)(8)(iii) of location and financial status. The service to tens of thousands of to indicate that the induction Department appreciates the concerns individuals who are deaf, hard of environment must be designed in such about remote learning. As stated in the hearing, and DeafBlind to support their a way that meets the communication background section of the NPP, remote telecommunication needs for daily preferences of individuals who are deaf, learning may include online, hybrid/ living. The commenter noted that VRI hard of hearing, and DeafBlind. blended learning, or non-technology- has been a growing platform for based learning. Applicants may decide interpreting services for several years in Impacts of the COVID–19 Pandemic when to safely offer in-person training a wide variety of settings, including and Remote Learning and must be prepared to pivot between medical establishments, mental health Comment: A number of commenters in-person and remote learning during settings, police stations, schools, and noted that the COVID–19 pandemic has the project, as needed, throughout the the workplace. The commenter further changed or impacted interpreter duration of the pandemic. Additionally, stated that video interpreting has seen a education. Several commenters raised under the Application Requirements, steep increase with physical distance concerns about the training being ‘‘Quality of Project Design,’’ paragraphs protocols in place during the COVID–19 offered remotely during the pandemic (b)(1), (2), and (4) offer flexible options pandemic. The commenter emphasized and described challenges regarding for implementing both in-person and that increased use of VRI and VRS is access, delivery, and participation, remote learning. Because the likely to continue even after pandemic particularly for individuals located in Department has defined ‘‘remote protocols are relaxed, especially in areas rural areas. Another commenter noted learning’’ broadly, we believe it is where there is limited access to on-site that the COVID–19 pandemic has made inclusive and accessible for the majority interpreters or a need for interpreters the process of becoming a qualified of participants. Further, given the with a specialty. The commenter interpreter more challenging. One restrictions on gatherings caused by the asserted that with rapid growth in commenter indicated that the transition COVID–19 pandemic, remote learning is technology and service provision across to a virtual classroom and hiatus of a viable option for many programs and various settings, there is a need for onsite practicum opportunities has left participants. Applicants are strongly adequate training and standardized an entire cohort of interpreting students encouraged to access the Department’s practice for over video interpreting. behind. The commenter noted that COVID–19 resource page at: Under Application Requirements, many students took a leave of absence www.ed.gov/coronavirus. ‘‘Quality of Project Design,’’ paragraph and will struggle to return, practicums Changes: The Department has revised (b), the commenter recommended that were cancelled, and in-person quality Application Requirements, ‘‘Quality of we require practice and training assurance screenings were suspended. Project Design,’’ paragraph (b)(2), to opportunities for interpreting in Another commenter focused on how the convey that applicants may decide specialty areas that do not require COVID–19 pandemic has impacted the when to safely offer in-person training physical touch to include both in- learning environment for students and must be prepared to pivot between person and over video settings. The nationwide and recommended that the in-person and remote learning during commenter shared that there is a priority address this issue. One the project, as needed, throughout the shortage of skilled interpreters, which commenter asserted that training for duration of the COVID–19 pandemic. To has a significant impact on the needs of interpreters in the specialty areas and ensure consistency with the VR consumers who are seeking and under Application Requirements, Department’s Administrative Priority maintaining education, training, and

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gainful employment. The commenter explained that linguistic research social, cultural, and linguistic needs of further explained that the lack of demonstrates that there are significant the deaf, hard of hearing, and DeafBlind specialized training available creates a dialectical differences between Black individuals they serve. gap in skill and readiness for ASL (BASL), indigenous varieties of Under this specialty area, projects interpreters looking for VRS ASL, and standard ASL, and that may contain cultural competency employment. The commenter also interpreters with novice to advanced training for interpreters at all skill levels recommended adding a specialty area to skills need to be familiar with these and could include, for example, the priority focused on VRS interpreting variations. Another commenter noted exploration of unconscious and and training interpreters to use virtual that BASL is not the same as atypical conscious biases, privilege, stereotypes, and hybrid settings. language, although it is often prejudicial attitudes, and the dynamics Discussion: We appreciate the misconstrued as such. Finally, of oppression on interpreters from comment and agree that the commenters stated the importance of multicultural backgrounds, as well as incorporation of Over Video (i.e., VRI culture, values, and language within the heritage and native signers; examination and VRS) services is an important field of interpreting and the necessity of microaggressions within the aspect of interpreting. We also agree that for individuals who are deaf, hard of interpreter training field; and gaps, video interpreting has seen a steep hearing, and DeafBlind to have the disparities, and inequities in the increase with physical distance option to work with interpreters who recruitment, education, training, testing, protocols in place during the COVID–19 are of the same race or ethnicity as assessments, employment, and pandemic and that increased use of VRI themselves and to increase advancement of interpreters from and VRS is likely to continue even after representation of interpreters from minority backgrounds. The specialty the COVID–19 pandemic. However, we traditionally underrepresented groups area may also provide training to disagree with the recommendation that in the field. Commenters recommended associate, bachelor’s, and advanced applicants should be required to include the incorporation of a cultural degree ASL-English interpreting practice and training opportunities in competency training component within programs to increase and support Over Video settings. We believe the priority. Commenters recommended outreach and recruitment of interpreters applicants should have the option to that topics such as BASL, Black deaf from multicultural backgrounds. When determine what practice and training is culture, graduation rates of diverse preparing outreach and recruitment necessary for their respective specialty interpreters, bias, and practices that materials, selection criteria for training area and may consider Over Video support diversity be included in programs, and criteria for selecting settings, as appropriate. Additionally, cultural competency training. trainers employed under the grant, we acknowledge the recommendation to applicants must cast a wide net for create a new specialty area focused on Discussion: The Department agrees participants of all races and not VRS interpreting. We believe this that a new specialty area is needed to preclude participation based on race, content area is more appropriate for develop cultural competency training in color, or national origin. Specialty Area (5) (field-initiated), the field. A new specialty area will Changes: To adequately address the under topic area (d) (other topics). As increase the number of qualified breadth and scope of comments described in the priority, applicants interpreters from multicultural received about diversity, equity, and under Specialty Area (5) must backgrounds so that individuals who are inclusion in the field of interpreting, the demonstrate the need for the training in deaf, hard of hearing, and DeafBlind Department is adding a specialty area a proposed new topic area or, in areas have access to a culturally competent, under the final priority, titled Specialty for which there is existing training, diverse, and qualified pool of Area (4) (cultural competency training, demonstrate that the existing training is interpreters. This recommended outreach, and recruitment of not adequately meeting the needs of specialty area aligns with Executive interpreters from multicultural interpreters working in the field of VR. Order 13985, ‘‘Advancing Racial Equity backgrounds). We are also making Changes: None. and Support for Underserved revisions under Application Communities Through the Federal Requirements, described elsewhere in Cultural Competency Training, Government’’ (86 FR 7009), issued the analysis of comments, to incorporate Outreach, and Recruitment of January 20, 2021, which provides that cultural competency under all specialty Interpreters From Multicultural affirmatively advancing equity, civil areas within the priority. Backgrounds rights, racial justice, and equal Comment: Many commenters Comment: The Department received a opportunity is the responsibility of the described prevalent bias within the field large number of comments focused on whole of our Government. It also of ASL interpreting and indicated a diversity, equity, and inclusion in the provides that because advancing equity strong need to recognize and address field of interpreter training. Commenters requires a systematic approach to implications of this bias through the identified gaps, disparities, and embedding fairness in decision-making priority. Commenters also explained the inequities in the recruitment, education, processes, Federal agencies must importance of promoting representation training, testing, assessments, recognize and work to redress inequities by exposing interpreters to trainers who employment, and advancement of in their policies and programs that serve are of the same race, ethnicity, and interpreters from minority backgrounds. as barriers to equal opportunity. background as themselves. Commenters reported that in 2018, 88 Further, this recommended specialty Discussion: The Department agrees percent of interpreters certified by RID area recognizes the fact that, at present, with the comments that it is important identified as White and only 3.6 percent a disproportionately high number of to expose interpreters to trainers who identified as African American/Black. interpreters identify as Euro-American/ are of the same race, ethnicity, and To expand the pool of qualified White while the demographics of the background as themselves. We agree interpreters from diverse backgrounds, deaf, hard of hearing, and DeafBlind that it is of the utmost importance that commenters recommended a new individuals mirror that of the general all interpreter training projects funded specialty area focused on the population. This specialty area through this priority take steps to recruitment and training of interpreters addresses the need for more diversity eliminate barriers and reduce biases. from diverse backgrounds. Commenters among interpreters in order to meet the Therefore, we believe it is necessary to

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incorporate cultural competency into working interpreters compared to those additional outcome measures are no each of the respective specialty areas. that did not complete an induction. longer needed. Changes: Under Application Changes: Under Application Changes: In the text of the final Requirements, ‘‘Quality of Project Requirements, ‘‘Quality of the priority, we have added the revised Design,’’ paragraph (b)(1), we are adding Evaluation Plan,’’ paragraph (d)(3), we definition of ‘‘working interpreter’’ and that applicants must consider cultural have added a requirement that listed the specialty areas, including a competency as it relates to their applicants must describe an approach new specialty area focused on cultural respective specialty area. Applicants for measuring outcomes for participants competency, outreach, and recruitment must describe how training and that completed an induction compared of interpreters from multicultural accompanying materials developed for to those who did not complete an backgrounds. We have removed from interpreting practice and application, induction prior to successfully the priority language about the project especially video content, will include completing the program. outcomes. diverse and inclusive models and Comment: None. perspectives. Discussion: Under Application Comment: None. Requirements, ‘‘Significance of the Discussion: Based on the current and National Certification Proposed Project,’’ we identified prior grant cycles, we have seen that Comment: Two commenters duplication between paragraphs (a)(3)(i) participants benefit from gaining a highlighted the need for interpreters to and (ii) and made technical changes foundational understanding of the VR be certified. One commenter strongly needed to improve clarity. program. Further, this information encouraged the Department to require Changes: Under Application aligns with the purpose of the priority, the attainment of national certification Requirements, ‘‘Significance of the which is to meet the communication as the minimum standard that all ASL Proposed Project,’’ we have combined needs of individuals who are deaf or interpreters should strive for. Another paragraphs (a)(3)(i) and (ii) and made hard of hearing and individuals who are commenter noted that without technical changes to reflect that DeafBlind receiving vocational certification it is difficult to guarantee applicants must describe the rehabilitation (VR) services and/or the skillset of an interpreter. competencies working interpreters must services from other programs, such as Discussion: Part of the purpose of this demonstrate in order to provide high- independent living services, under the program is to provide opportunities for quality services in the identified Rehabilitation Act. specialty area and explain how those interpreters to raise their skill level in Changes: Under Application order to meet the highest standards competencies are based on practices that demonstrate a rationale or are Requirements, ‘‘Quality of Project approved by certifying associations and Design,’’ paragraph (b)(1), we have to effectively meet the communication supported by promising evidence. Comment: None. added that training materials may needs of individuals who are deaf, hard Discussion: We are adding an include information to ensure of hearing, and DeafBlind. In FFY 2016, assurance statement to the application participants have a foundational the Department funded a national requirements to comply with 34 CFR understanding of the VR program. project to provide experiential learning 396.20(d), which requires an assurance Comment: None. to novice interpreters to successfully that any interpreter trained or retrained attain national certification and reduce Discussion: Under Application under this program will meet the the length of time between graduation Requirements, ‘‘Quality of the standards of competency for a qualified and certification. More information Evaluation Plan,’’ paragraph (d)(4), we professional established by the about this project may be accessed determined that the requirement to Secretary. gather information from participants through the Rehabilitation Services Changes: Under Application Administration’s NCRTM at about their knowledge of VR can be Requirements, we have added paragraph satisfied under paragraph (d)(2), which ncrtm.ed.gov. We also recognize that the (g)(3), which requires applicants to specialty areas may not yet have requires an approach for measuring assure that any interpreter trained or knowledge, skills, and competencies certification in place or a relevant retrained under this program will meet metric of success because they are new before and after successful completion the standards of competency for a of training. We also determined that or in the early stages of development. qualified professional, as defined in 34 Changes: None. paragraph (d)(4) needed to align more CFR 396.4(c). closely with the priority and the Technical Changes Comment: None. Discussion: We inadvertently performance measures that will be Comment: None. included the definition of ‘‘working included in the NIA for this program. Discussion: Upon further review, the interpreter’’ and listed the specialty Changes: Under Application Department noted that it had included areas in the background to the priority, Requirements, ‘‘Quality of the the definition of ‘‘remote learning’’ in rather than the text of the priority. We Evaluation Plan,’’ paragraph (d)(4), we the background section of the NPP but are moving those provisions into the removed the requirement to gather omitted it in the requirements. priority, with the changes and information from participants about Changes: We have added the clarifications discussed in this Analysis their knowledge of VR. We also definition of ‘‘remote learning’’ to the of the Comments section. modified paragraph (d)(4) to require an requirements where the term first We are removing language about the approach for gathering information from appears, under ‘‘Quality of Project project outcomes from the priority participants about their estimated Services,’’ paragraph (b)(1) of the because we have modified and percentage of workload interpreting for Application Requirements. incorporated this data into the individuals who are deaf or hard of Comment: None. performance measures, which will be hearing and individuals who are Discussion: The Department is included in the NIA for this program. DeafBlind receiving VR services and/or interested in exploring whether an The performance measures accurately services from other programs, such as induction experience contributed to reflect the goals and purpose of this independent living services, before and greater or more robust outcomes for program and the priority, and therefore after specialty training.

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Final Priority an application that meets the priority believe additional time may be over an application of comparable merit necessary to fully develop and pilot the Interpreter Training in Specialty Areas that does not meet the priority (34 CFR curricula before the end of the first year. The purpose of this priority is to fund 75.105(c)(2)(ii)). The training program or stand-alone projects that provide training to working Invitational priority: Under an modules must contain remote learning 1 interpreters in one of five specialty areas invitational priority, we are particularly experiences that advance engagement to effectively meet the communication interested in applications that meet the and learning (e.g., synchronous and needs of individuals who are deaf or priority. However, we do not give an asynchronous professional learning, hard of hearing and individuals who are application that meets the priority a professional learning networks or DeafBlind receiving vocational preference over other applications (34 communities, and coaching), which rehabilitation (VR) services and/or CFR 75.105(c)(1)). could also be incorporated into existing services from other programs, such as Final Application Requirements associate, baccalaureate, or graduate independent living services, under the degree ASL-English (or ASL-other Rehabilitation Act. For the purposes of The Assistant Secretary establishes spoken language) programs, as this priority, working interpreters must the following requirements for this appropriate. The remote learning possess a baccalaureate degree and a priority. We may apply these environment must be accessible to minimum of three years of relevant requirements in any year in which this individuals with disabilities in experience as an interpreter. On a case- priority is in effect. accordance with Section 504 of the by-case basis and in consultation with Application Requirements Rehabilitation Act of 1973 and Title II RSA, educational equivalence may be of the Americans with Disabilities Act, used in place of the baccalaureate The following application as applicable. Applicants may choose to degree. requirements apply to all specialty areas award continuing education credits The specialty areas are— under this priority. The Department (CEUs) or college or master’s level (1) Increasing skills of novice encourages innovative approaches to credits to participants in the training interpreters; meet these requirements. Applicants program. Applicants should note that (2) Trilingual interpreting (including must— while pre-service training is not the Spanish) (i.e., language fluency in first, (a) Demonstrate, in the narrative focus of this program, a variety of second, and third languages with one of section of the resources may be considered (such as application under ‘‘Significance of the the three languages being ASL); available pre-service training material) Project,’’ how the proposed project will (3) Advanced skills for working that may inform, support, or strengthen address the need for sign language interpreters; the development of training for ASL- interpreters in a specialty area. To (4) Cultural competency training, English interpreter training in address this requirement, applicants outreach, and recruitment of specialized areas. Training materials interpreters from multicultural must— (1) Present applicable data may include information to ensure backgrounds; and participants have a foundational (5) National projects in a field- demonstrating the need for interpreters in the specialty area for which training understanding of the VR program. initiated area, in topic areas such as- Finally, applicants must consider (a) Interpreting in healthcare, will be developed by the project and cultural competency as it relates to their including interpreting for hard-to-serve delivered in at least three distinct, respective specialty area. Applicants populations; noncontiguous geographic areas, which must describe how training and (b) Interpreting for individuals who may include the U.S. Territories; accompanying materials developed for are DeafBlind; (2) Present baseline data for the interpreting practice and application, (c) Atypical language interpreting; number or estimated number of working especially video content, will include and interpreters currently trained in the (d) Other topics in new areas for specialty area. In the event that an diverse and inclusive models and which applicants demonstrate that the applicant proposes training in a new perspectives; existing training is not adequately specialty area that does not currently (2) Deliver the training or stand-alone meeting the needs of interpreters exist or for which there are no baseline modules remotely to at least three working in the field of VR. data, the applicant should provide an distinct, noncontiguous geographic adequate explanation of the lack of areas identified in paragraph (a)(1) of Types of Priorities reliable data and may report zero as a these application requirements in years When inviting applications for a baseline; and two, three, four, and five of the project. competition using one or more (3) Describe the competencies that Applicants may deliver in-person priorities, we designate the type of each working interpreters must demonstrate training, as appropriate, to support priority as absolute, competitive in order to provide high-quality services participants’ application of knowledge, preference, or invitational through a in the identified specialty area and skills, and competencies gained through notice in the Federal Register. The explain how those competencies are online training. Applicants may decide effect of each type of priority follows: based on practices that demonstrate a when to safely offer in-person training Absolute priority: Under an absolute rationale or are supported by promising and must be prepared to pivot between priority, we consider only applications evidence (as defined in 34 CFR 77.1). in-person and remote learning during that meet the priority (34 CFR (b) Demonstrate, in the narrative the project, as needed, throughout the 75.105(c)(3)). section of the application under duration of the COVID–19 pandemic; Competitive preference priority: ‘‘Quality of Project Design,’’ how the Under a competitive preference priority, proposed project will— 1 Remote learning means programming where at we give competitive preference to an (1) Develop a new training program or least part of the learning occurs away from the application by (1) awarding additional stand-alone modules and conduct a physical building in a manner that addresses a learner’s educational needs. Remote learning may points, depending on the extent to pilot by the end of the first year of the include online, hybrid/blended learning, or non- which the application meets the priority project. Applicants must provide technology-based learning (e.g., lab kits, project (34 CFR 75.105(c)(2)(i)), or (2) selecting justification in their application if they supplies, paper packets).

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(3) Provide skilled, diverse, and interpreters, especially working communication preferences of experienced leaders, mentors, interpreters from rural areas, Indian individuals who are deaf, hard of facilitators, coaches, and subject matter Tribes, traditionally underrepresented hearing, and DeafBlind. Applicants experts, as appropriate for the specialty groups, and individuals who come from must be prepared to pivot between in- area, to participants, as needed. This heritage signing, deaf, and CODA person and remote inductions during may include, but is not limited to, one- backgrounds; the project, as needed, throughout the on-one instruction to address specific (4) Describe how the project will duration of the COVID–19 pandemic. areas identified by an advisor as provide feedback, resources, and next The number of participants completing needing further practice, and providing steps to applicants who may not be inductions may be based on availability written feedback from observed accepted into the program due to of opportunities and trained personnel interpreting situations and mentoring insufficient skills, knowledge base, and necessary to support them. Applicants sessions, from deaf consumers, from competencies; may determine the appropriate scope trained mentors, and from others, as (5) Describe how the program will and length of time for the induction and appropriate; identify skilled, diverse, and must work to increase the availability of (4) Develop a self-directed track and experienced leaders, mentors, inductions in their respective specialty make it available to the public for facilitators, coaches, and subject matter area, where possible; independent remote learning by the end experts, as appropriate for the specialty (9) Demonstrate how the proposed of the second year of the project. area, and develop necessary training for project will actively engage Applicants must develop a curriculum them to improve and enhance representation from consumers, guide for each module and make interpreting skills in their respective consumer organizations, and service available relevant materials from the areas, as well as in remote delivery, as providers, especially State VR agencies training program. Applicants may offer needed. Applicants must also describe and their partners, interpreters, CEUs to participants who successfully how they will grow the pool of interpreter educators, and individuals complete the self-directed track; experienced personnel and create who are deaf, hard of hearing, and (5) Be based on current research and opportunities for participants to DeafBlind, in all aspects of the project; make use of practices that demonstrate advance as mentors, coaches, and and a rationale or are supported by facilitators in the program; (10) Describe how the project will promising evidence. To meet this (6) Describe the approach that will be conduct dissemination, coordination, requirement, applicants must describe— used to enable more working and communication activities. To meet (i) How the proposed project will interpreters to participate in and this requirement, the applicant must incorporate current research and successfully complete the training describe how it will— practices that demonstrate a rationale or program, specifically participants who (i) Disseminate information to are supported by promising evidence in need to work while in the program, have working interpreters about training the development and delivery of child care or elder care considerations, available in specialized areas and to training and in the development of or live in geographically isolated areas; State VR agencies and their partners, products and materials; (7) Describe how the project will American Job Centers, and other (ii) How the proposed project will incorporate adult learning principles workforce partners about how to locate ensure interaction between project and practices that demonstrate a specialized interpreters in their State participants and individuals with rationale or are supported by promising and local areas; disabilities who are deaf, hard of evidence for adult learners; (ii) Establish a state-of-the-art website hearing, and DeafBlind and have a range (8) Demonstrate how the project is of or modify an existing website for of communication skills, from those sufficient scope, intensity, and duration communicating with participants and with limited language skills to those to adequately prepare working stakeholders and ensure that all material with high-level, professional language interpreters in the identified specialty developed by the grant and posted on skills, as appropriate. area of training. To address this the website are accessible to individuals (c) In the narrative section of the requirement, applicants must describe with disabilities in accordance with application under ‘‘Quality of Project how— section 504 of the Rehabilitation Act Services,’’ applicants must— (i) The components of the proposed and title II of the Americans with (1) Demonstrate how the project will project will support working Disabilities Act, as applicable. The ensure equal access and treatment for interpreters’ acquisition and website must provide a central location eligible project participants who are enhancement of the competencies for all material related to the project, members of groups who have identified in paragraph (a)(2)(i) of these such as reports, training curricula, traditionally been underrepresented application requirements; audiovisual materials, webinars, based on race, color, national origin, (ii) The components of the project communities of practice, and other gender, age, or disability; will provide working interpreters relevant material developed by the (2) Describe the criteria that will be opportunities to apply their content grantee; knowledge in a variety of practical used to identify applicants for (iii) Disseminate information about settings; participation in the program, including the project, including, but not limited (iii) The proposed project will any pre-assessments that may be used to to, products such as training curricula, establish induction experiences in the determine the skill, knowledge base, presentations, reports, effective specialty area for participants as a and competencies of the working practices for training working requirement for completion in the interpreter; interpreters in specialized areas, and training program, to the extent possible. (3) Describe how the project will other relevant information through the 2 The induction environment must be conduct outreach to working NCRTM; designed in such a way that meets the (iv) In the final year of the budget 2 When preparing outreach and recruitment materials, selection criteria for training programs, as participants of all races and not preclude period, ensure that all training materials well as criteria for selecting trainers employed participation based on race, color, or national have been provided to the NCRTM and under the grant, applicants must cast a wide net for origin. the website and IT platform can be

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sustained, or coordinate with RSA to and/or services from other programs, historically been underrepresented transition the website to the NCRTM; such as independent living services, based on race, color, national origin, (v) Establish one or more before and after specialty training; gender, age, or disability; communities of practice in the specialty (5) An approach for incorporating oral (2) Describe any proposed consultants area of training that focuses on project and written feedback from trainers and or contractors named in the application activities and acts as a vehicle for deaf consumers and any feedback from and their areas of expertise and provide communication and exchange of coaching or mentoring sessions a rationale to demonstrate the need; information among participants in the conducted with the participants; (3) Describe costs associated with (6) Methodologies, including program and other relevant technology, including, but not limited instruments, data collection methods, stakeholders; to, maintaining an online learning and analyses that will be used to (vi) Communicate, collaborate, and platform, state-of-the-art archiving and evaluate the project and how the coordinate with other relevant dissemination platform, and methods of evaluation will produce Department-funded projects, as communication tools (i.e., Microsoft quantitative and qualitative data to applicable; Teams, Zoom, Google, Amazon Chime, (vii) Maintain ongoing demonstrate whether the project Skype, etc.), ensuring all products and communication with the RSA project activities achieved their intended services are accessible to individuals officer and other RSA staff as required; outcomes; with disabilities in accordance with (viii) Communicate, collaborate, and (7) Measures of progress in section 504 of the Rehabilitation Act coordinate, as appropriate, with key implementation, including the extent to and title II of the Americans with staff in State VR agencies, such as the which the project activities and Disabilities Act, as applicable, including State Coordinators for the Deaf; State products have reached their intended costs associated with captioning and and local partner programs; consumer recipients, measures of intended transcription services, and organizations and associations, outcomes or results in order to evaluate cybersecurity; and including those that represent those activities, and how well the goals individuals who are deaf, hard of and objectives of the proposed project, (4) The applicant and any identified hearing, and DeafBlind; and relevant as described in the logic model (as partners have adequate resources to RSA partner organizations and defined in 34 CFR 77.1), have been met; carry out the proposed activities. associations; and (8) How the evaluation will be (f) Demonstrate, in the narrative (ix) Disseminate to associate, coordinated, implemented, and revised, section of the application under baccalaureate, or graduate degree ASL- as needed, during the project. The ‘‘Quality of the Management Plan,’’ how English programs, as well as to relevant applicant must designate at least one applicants will ensure that— Department-funded programs and individual with sufficient dedicated (1) The project’s intended outcomes, Federal partners, as applicable, the time, demonstrated experience in including the evaluation, will be training material and products for evaluation, and knowledge of the achieved on time and within budget, incorporation into existing curricula, as project to coordinate and conduct the through— well as products, effective practices for evaluation. This may include, but is not (i) Clearly defined responsibilities of training working interpreters in limited to, making revisions post award key project personnel, consultants, and specialized areas, challenges and in order to reflect any changes or contractors, as applicable; solutions, results achieved, and lessons clarifications, as needed, to the model (ii) Procedures to track and ensure learned. To satisfy this requirement, the and to the evaluation design and completion of the action steps, grantee must develop participant instrumentation with the logic model timelines, and milestones established guides, implementation materials, (e.g., designing instruments and for key project activities, requirements, toolkits, manuals, and other relevant developing quantitative or qualitative and deliverables; material for interpreter educators and data collections that permit collecting of (iii) Internal monitoring processes to others, as appropriate, to incorporate or progress data and assessing project ensure that the project is being build into existing programs. outcomes); and implemented in accordance with the (d) In the narrative section of the (9) How evaluation results will be established application and project application under ‘‘Quality of the used to examine the effectiveness of the plan; and Evaluation Plan,’’ include an evaluation training. To address this requirement, (iv) Internal financial management plan. To meet this requirement, the applicants must provide an approach for controls to ensure accurate and timely evaluation plan must describe— determining— (1) Standards and targets for (i) What practice(s) was most effective obligations, drawdowns, and reporting measuring the effectiveness of the in training working interpreters in the of grant funds, as well as monitoring program; respective specialty area and what data contracts, in accordance with the (2) An approach for measuring demonstrates the practice(s) was Uniform Administrative Requirements, knowledge, skills, and competencies effective; and Cost Principles, and Audit before and after successful completion (ii) What practice(s) was most Requirements for Federal Awards at of training; effective in narrowing working 2 CFR part 200 and the terms and (3) An approach for measuring interpreters’ skill gaps and what data conditions of the Federal award. outcomes for participants that demonstrates the practice(s) was (2) The allocation of key project completed an induction compared to effective. personnel, consultants, and contractors, those who did not prior to successfully (e) Demonstrate, in the narrative as applicable, including levels of effort completing the program; section of the application under of key personnel that are appropriate (4) An approach for gathering ‘‘Adequacy of Project Resources,’’ and adequate to achieve the project’s information from participants about how— intended outcomes, including an their estimated percentage of workload (1) The proposed project will assurance that key personnel will have interpreting for individuals who are encourage applications for employment enough availability to ensure timely deaf or hard of hearing and individuals with the project from persons who are communications with stakeholders and who are DeafBlind receiving VR services members of groups that have RSA;

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(3) The products and services are of (2) Create serious inconsistency or alternative regulatory approaches, we high quality, relevance, and usefulness, otherwise interfere with an action taken selected those approaches that in both content and delivery; or planned by another agency; maximize net benefits. Based on the (4) The proposed project will benefit (3) Materially alter the budgetary analysis that follows, the Department from a diversity of perspectives; and impacts of entitlement grants, user fees, believes that this regulatory action is (5) Projects will be awarded and must or loan programs or the rights and consistent with the principles in be operated in a manner consistent with obligations of recipients thereof; or Executive Order 13563. nondiscrimination requirements (4) Raise novel legal or policy issues We also have determined that this contained in the Federal civil rights arising out of legal mandates, the regulatory action does not unduly laws. President’s priorities, or the principles interfere with State, local, and Tribal (g) Address the following application stated in the Executive order. governments in the exercise of their requirements. Applicants must— This final regulatory action is not a governmental functions. (1) Include, in Appendix A, a logic significant regulatory action subject to In accordance with both Executive model that depicts, at a minimum, the review by OMB under section 3(f) of orders, the Department has assessed the goals, activities, outputs, and short and Executive Order 12866. potential costs and benefits, both long-term outcomes of the proposed We have also reviewed this final quantitative and qualitative, of this project; regulatory action under Executive Order regulatory action. The potential costs (2) Include, in Appendix A, person- 13563, which supplements and are those resulting from statutory loading charts and timelines, as explicitly reaffirms the principles, requirements and those we have applicable, to illustrate the management structures, and definitions governing determined as necessary for plan described in the narrative; and regulatory review established in administering the Department’s (3) Provide an assurance that any Executive Order 12866. To the extent programs and activities. interpreters trained or retrained under permitted by law, Executive Order Intergovernmental Review: This this program will meet the standards of 13563 requires that an agency— program is subject to Executive Order competency for a qualified professional, (1) Propose or adopt regulations only 12372 and the regulations in 34 CFR defined in 34 CFR 396.4(c) as an upon a reasoned determination that part 79. One of the objectives of the individual who has: (i) Met existing their benefits justify their costs Executive order is to foster an certification or evaluation requirements (recognizing that some benefits and intergovernmental partnership and a equivalent to the highest standards costs are difficult to quantify); strengthened federalism. The Executive approved by certifying associations; and (2) Tailor its regulations to impose the order relies on processes developed by (ii) successfully demonstrated least burden on society, consistent with State and local governments for interpreting skills that reflect the obtaining regulatory objectives and coordination and review of proposed highest standards approved by taking into account—among other things Federal financial assistance. This document provides early certifying associations through prior and to the extent practicable—the costs notification of our specific plans and work experience. of cumulative regulations; (3) In choosing among alternative actions for this program. This document does not preclude us Regulatory Flexibility Act from proposing additional priorities, regulatory approaches, select those approaches that maximize net benefits Certification: The Secretary certifies that requirements, definitions, or selection this regulatory action does not have a criteria, subject to meeting applicable (including potential economic, environmental, public health and safety, significant economic impact on a rulemaking requirements. substantial number of small entities. Note: This document does not solicit and other advantages; distributive impacts; and equity); The U.S. Small Business Administration applications. In any year in which we Size Standards define proprietary choose to use this priority or these (4) To the extent feasible, specify performance objectives, rather than the institutions as small businesses if they requirements we invite applications are independently owned and operated, through a notice in the Federal Register. behavior or manner of compliance a regulated entity must adopt; and are not dominant in their field of Executive Orders 12866 and 13563 (5) Identify and assess available operation, and have total annual alternatives to direct regulation, revenue below $7,000,000. Nonprofit Regulatory Impact Analysis including economic incentives—such as institutions are defined as small entities Under Executive Order 12866, the user fees or marketable permits—to if they are independently owned and Office of Management and Budget encourage the desired behavior, or operated and not dominant in their field (OMB) must determine whether this provide information that enables the of operation. Public institutions are regulatory action is ‘‘significant’’ and, public to make choices. defined as small organizations if they therefore, subject to the requirements of Executive Order 13563 also requires are operated by a government the Executive order and subject to an agency ‘‘to use the best available overseeing a population below 50,000. review by OMB. Section 3(f) of techniques to quantify anticipated The small entities that this final Executive Order 12866 defines a present and future benefits and costs as regulatory action will affect, that is, ‘‘significant regulatory action’’ as an accurately as possible.’’ The Office of public and private nonprofit agencies action likely to result in a rule that Information and Regulatory Affairs of and organizations including institutions may— OMB has emphasized that these of higher education, are eligible for (1) Have an annual effect on the techniques may include ‘‘identifying assistance under this program. We economy of $100 million or more, or changing future compliance costs that believe that the costs imposed on an adversely affect a sector of the economy, might result from technological applicant by the final priority and productivity, competition, jobs, the innovation or anticipated behavioral requirements would be limited to environment, public health or safety, or changes.’’ paperwork burden related to preparing State, local, or Tribal governments or We are issuing this final priority and an application and that the benefits of communities in a material way (also requirements only on a reasoned the final priority and requirements referred to as an ‘‘economically determination that their benefits justify would outweigh any costs incurred by significant’’ rule); their costs. In choosing among the applicant. There are very few

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entities that could provide the type of ACTION: Final rule. demonstrated that removal of 10 CSR technical assistance required under the 10–5.370 will not interfere with final priority and requirements. For SUMMARY: The Environmental Protection attainment of the National Ambient Air these reasons, the final priority and Agency (EPA) is taking final action to Quality Standards (NAAQS), reasonable requirements will not impose a approve a revision to the Missouri State further progress or any other applicable significant burden on a substantial Implementation Plan (SIP) submitted by requirement of the CAA because the number of small entities. the State of Missouri on January 15, single source subject to the rule has Paperwork Reduction Act of 1995: 2019, and supplemented by letter on permanently ceased operations and The priority and requirements contain July 11, 2019. Missouri requests that the removal of the rule will not cause VOC information collection requirements that EPA remove a rule related to control of emissions to increase. 86 FR 26450, May are approved by OMB under OMB emissions from the application of 14, 2021. The public comment period control number 1820–0018; the priority deadeners and adhesives in the St. on the EPA’s proposed rule opened May and requirements do not affect the Louis, Missouri area from its SIP. This 14, 2021, the date of its publication in currently approved data collection. rescission does not have an adverse the Federal Register and closed on June Accessible Format: On request to the effect on air quality and meets the 14, 2021. During this period, the EPA program contact person listed under FOR requirements of the Clean Air Act received no comments. Therefore the FURTHER INFORMATION CONTACT, (CAA). The EPA’s approval of this rule EPA is finalizing its proposal to remove individuals with disabilities can obtain revision is in accordance with the 10 CSR 10–5.370 from the Missouri SIP. this document in an accessible format. requirements of the CAA. The Department will provide the DATES: This final rule is effective on II. Have the requirements for approval requestor with an accessible format that August 25, 2021. of a SIP revision been met? may include Rich Text Format (RTF) or ADDRESSES: The EPA has established a The State submission has met the text format (txt), a thumb drive, an MP3 docket for this action under Docket ID public notice requirements for SIP file, braille, large print, audiotape, or No. EPA–R07–OAR–2021–0332. All submissions in accordance with 40 CFR compact disc, or other accessible format. documents in the docket are listed on 51.102. The submission also satisfied Electronic Access to This Document: the https://www.regulations.gov the completeness criteria of 40 CFR part The official version of this document is website. Although listed in the index, 51, appendix V. the document published in the Federal some information is not publicly The State provided public notice on Register. You may access the official available, i.e., confidential business this SIP revision from June 25, 2018, to edition of the Federal Register and the information (CBI) or other information August 2, 2018, and held a public Code of Federal Regulations at whose disclosure is restricted by statute. hearing on July 26, 2018. Missouri www.govinfo.gov. At this site you can Certain other material, such as received five comments from the EPA view this document, as well as all other copyrighted material, is not placed on that related to Missouri’s lack of an documents of this Department the internet and will be publicly adequate demonstration that the rule published in the Federal Register, in available only in hard copy form. could be removed from the SIP in text or Portable Document Format Publicly available docket materials are accordance with section 110(l) of the (PDF). To use PDF, you must have available through https:// CAA. Missouri’s July 11, 2019 letter Adobe Acrobat Reader, which is www.regulations.gov or please contact addressed the EPA’s comments. In available free at the site. the person identified in the FOR FURTHER addition, the revision meets the You may also access documents of the substantive SIP requirements of the Department published in the Federal INFORMATION CONTACT section for additional information. CAA, including section 110 and Register by using the article search implementing regulations. feature at: www.federalregister.gov. FOR FURTHER INFORMATION CONTACT: Specifically, through the advanced Ashley Keas, Environmental Protection III. What action is the EPA taking? search feature at this site, you can limit Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner The EPA is taking final action to your search to documents published by approve Missouri’s request to remove 10 the Department. Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551–7629; CSR 10–5.370 from the SIP. Katherine Neas, email address: [email protected]. IV. Incorporation by Reference Acting Assistant Secretary for the Office of SUPPLEMENTARY INFORMATION: In this document, the EPA is Special Education and Rehabilitative Throughout this document ‘‘we,’’ ‘‘us,’’ Services. amending regulatory text that includes and ‘‘our’’ refer to the EPA. [FR Doc. 2021–15915 Filed 7–22–21; 4:15 pm] incorporation by reference. As described in the amendments to 40 CFR part 52 set BILLING CODE 4000–01–P Table of Contents forth below, the EPA is removing I. What is being addressed in this document? provisions of the EPA-Approved II. Have the requirements for approval of a ENVIRONMENTAL PROTECTION SIP revision been met? Missouri Regulations from the Missouri AGENCY III. What action is the EPA taking? State Implementation Plan, which is IV. Incorporation by Reference incorporated by reference in accordance 40 CFR Part 52 V. Statutory and Executive Order Reviews with the requirements of 1 CFR part 51. [EPA–R07–OAR–2021–0332; FRL–8717–02– I. What is being addressed in this V. Statutory and Executive Order R7] document? Reviews The EPA is approving the removal of Under the CAA, the Administrator is Air Plan Approval; Missouri; Removal 10 Code of State Regulations (CSR) 10– required to approve a SIP submission of Control of Emissions From the 5.370, Control of Emissions from the that complies with the provisions of the Application of Deadeners and Act and applicable Federal regulations. Adhesives Application of Deadeners and Adhesives, from the Missouri SIP. As 42 U.S.C. 7410(k); 40 CFR 52.02(a). AGENCY: Environmental Protection explained in detail in the EPA’s Thus, in reviewing SIP submissions, Agency (EPA). proposed rule, Missouri has EPA’s role is to approve state choices,

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provided that they meet the criteria of • Does not cause disproportionate purposes of judicial review nor does it the CAA. Accordingly, this action human health or environmental effects, extend the time within which a petition merely approves state law as meeting as applicable under Executive Order for judicial review may be filed and Federal requirements and does not 12898 (59 FR 7629, February 16, 1994). shall not postpone the effectiveness of impose additional requirements beyond The SIP is not approved to apply on such rule or action. This action may not those imposed by state law. For that any Indian reservation land or in any be challenged later in proceedings to reason, this action: other area where EPA or an Indian tribe enforce its requirements (see section • Is not a significant regulatory action has demonstrated that a tribe has 307(b)(2)). subject to review by the Office of jurisdiction. In those areas of Indian List of Subjects in 40 CFR Part 52 Management and Budget under country, the rule does not have tribal Executive Orders 12866 (58 FR 51735, implications and will not impose Environmental protection, Air October 4, 1993) and 13563 (76 FR 3821, substantial direct costs on tribal pollution control, Incorporation by January 21, 2011); governments or preempt tribal law as reference, Reporting and recordkeeping • Does not impose an information specified by Executive Order 13175 (65 requirements, Volatile organic collection burden under the provisions FR 67249, November 9, 2000). compounds. of the Paperwork Reduction Act (44 The Congressional Review Act, 5 Dated: July 19, 2021. U.S.C. 3501 et seq.); U.S.C. 801 et seq., as added by the Small • Is certified as not having a Business Regulatory Enforcement Edward H. Chu, significant economic impact on a Fairness Act of 1996, generally provides Acting Regional Administrator, Region 7. that before a rule may take effect, the substantial number of small entities For the reasons stated in the agency promulgating the rule must under the Regulatory Flexibility Act (5 preamble, the EPA amends 40 CFR part submit a rule report, which includes a U.S.C. 601 et seq.); 52 as set forth below: • Does not contain any unfunded copy of the rule, to each House of the mandate or significantly or uniquely Congress and to the Comptroller General PART 52—APPROVAL AND affect small governments, as described of the United States. EPA will submit a PROMULGATION OF in the Unfunded Mandates Reform Act report containing this action and other IMPLEMENTATION PLANS of 1995 (Pub. L. 104–4); required information to the U.S. Senate, • Does not have federalism the U.S. House of Representatives, and ■ 1. The authority citation for part 52 implications as specified in Executive the Comptroller General of the United continues to read as follows: Order 13132 (64 FR 43255, August 10, States prior to publication of the rule in 1999); the Federal Register. A major rule Authority: 42 U.S.C. 7401 et seq. • Is not an economically significant cannot take effect until 60 days after it Subpart AA—Missouri regulatory action based on health or is published in the Federal Register. safety risks subject to Executive Order This action is not a ‘‘major rule’’ as § 52.1320 [Amended] 13045 (62 FR 19885, April 23, 1997); defined by 5 U.S.C. 804(2). ■ • Is not a significant regulatory action Under section 307(b)(1) of the CAA, 2. In § 52.1320, the table in paragraph subject to Executive Order 13211 (66 FR petitions for judicial review of this (c) is amended by removing the entry 28355, May 22, 2001); action must be filed in the United States ‘‘10–5.370’’ under the heading ‘‘Chapter • Is not subject to requirements of the Court of Appeals for the appropriate 5—Air Quality Standards and Air National Technology Transfer and circuit by September 24, 2021. Filing a Pollution Control Regulations for the St. Advancement Act (NTTA) because this petition for reconsideration by the Louis Metropolitan Area’’. rulemaking does not involve technical Administrator of this final rule does not [FR Doc. 2021–15724 Filed 7–23–21; 8:45 am] standards; and affect the finality of this action for the BILLING CODE 6560–50–P

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Proposed Rules Federal Register Vol. 86, No. 140

Monday, July 26, 2021

This section of the FEDERAL REGISTER • Federal Rulemaking website: Go to • Federal Rulemaking website: Go to contains notices to the public of the proposed https://www.regulations.gov and search https://www.regulations.gov and search issuance of rules and regulations. The for Docket ID NRC–2014–0264. Address for Docket ID NRC–2014–0264. purpose of these notices is to give interested questions about NRC dockets to Dawn • NRC’s Agencywide Documents persons an opportunity to participate in the Forder; telephone: 301–415–3407; Access and Management System rule making prior to the adoption of the final rules. email: [email protected]. For (ADAMS): You may obtain publicly- technical questions, contact the available documents online in the individual listed in the FOR FURTHER ADAMS Public Documents collection at NUCLEAR REGULATORY INFORMATION CONTACT section of this https://www.nrc.gov/reading-rm/ COMMISSION proposed rule. adams.html. To begin the search, select • Email comments to: ‘‘Begin Web-based ADAMS Search.’’ For 10 CFR Parts 2 and 171 [email protected]. If you problems with ADAMS, please contact [NRC–2014–0264] do not receive an automatic email reply the NRC’s Public Document Room (PDR) confirming receipt, then contact us at reference staff at 1–800–397–4209 or RIN 3150–AJ51 301–415–1677. 301–415–4737, or by email to • [email protected]. The ADAMS Receipts-Based NRC Size Standards Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, accession number for each document AGENCY: U.S. Nuclear Regulatory Washington, DC 20555–0001, ATTN: referenced (if that document is available Commission. Rulemakings and Adjudications Staff. in ADAMS) is provided the first time ACTION: Proposed rule. For additional direction on obtaining that a document is referenced. For the information and submitting comments, convenience of the reader, the ADAMS SUMMARY: The U.S. Nuclear Regulatory see ‘‘Obtaining Information and accession numbers are also provided in Commission (NRC) is proposing to Submitting Comments’’ in the Section XIII, ‘‘Availability of amend its small business size standards, SUPPLEMENTARY INFORMATION section of Documents,’’ of this document. which are used to qualify an NRC this document. • Attention: The PDR, where you may licensee as a ‘‘small entity’’ under the examine and order copies of public Regulatory Flexibility Act of 1980, as FOR FURTHER INFORMATION CONTACT: Jo A. Jacobs, Office of the Chief Financial documents, is currently closed. You amended (RFA). The purpose of these may submit your request to PDR staff size standards is for reducing annual Officer, telephone: 301–415–8388; email: [email protected]; or Billy via email at [email protected] or call NRC license fees for small entities. 1–800–397–4209 between 8:00 a.m. and These standards do not apply to NRC Blaney, Office of the Chief Financial Officer, telephone: 301–415–5092; 4:00 p.m. (EST), Monday through contracting for goods and services. The Friday, except Federal holidays. NRC is proposing to increase the upper email: [email protected]. Both are and lower tiers for its receipts-based staff of the U.S. Nuclear Regulatory B. Submitting Comments Commission, Washington, DC 20555– small entity size standards for small Please include Docket ID NRC–2014– 0001. businesses and small not-for-profit 0264 in the subject line of your organizations. This change will allow SUPPLEMENTARY INFORMATION: comment submission in order to ensure NRC standards to remain consistent that the NRC is able to make your Table of Contents with the inflation adjustments made by comment submission publicly available the Small Business Administration I. Obtaining Information and Submitting in this docket. (SBA) size standard for Comments The NRC cautions you not to include nonmanufacturing concerns. In II. Background identifying or contact information that addition, in accordance with the Small III. Discussion you do not want to be publicly Business Runway Extension Act of 2018 IV. Regulatory Flexibility Certification V. Regulatory Analysis disclosed in your comment submission. (Runway Act), the NRC is proposing to The NRC posts all comment change the calculation of annual average VI. Backfitting and Issue Finality VII. Plain Writing submissions at https:// receipts for the receipts-based NRC size VIII. National Environmental Policy Act www.regulations.gov as well as entering standard for small businesses that IX. Paperwork Reduction Act the comment submissions into ADAMS. provide a service or small businesses Public Protection Notification The NRC does not routinely edit not engaged in manufacturing from a 3- X. Voluntary Consensus Standards comment submissions to remove year averaging period to a 5-year XI. Availability of Guidance identifying or contact information. averaging period. The public is invited XII. Availability of Documents If you are requesting or aggregating to submit comments on this proposed I. Obtaining Information and comments from other persons for rule. Submitting Comments submission to the NRC, you should DATES: Submit comments by August 25, inform those persons not to include A. Obtaining Information 2021. Comments received after this date identifying or contact information they will be considered if it is practical to do Please refer to Docket ID NRC–2014– do not want to be publicly disclosed in so, but the NRC is only able to ensure 0264 when contacting the NRC about their comment submissions. Your consideration for comments received the availability of information for this request should state the NRC does not before this date. action. You may obtain publicly- routinely edit comment submissions to ADDRESSES: You may submit comments available information related to this remove such information before making by any of the following methods: action by any of the following methods: the comment submissions available to

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the public or entering the comment Status for the Purposes of Annual Fees,’’ from a 3-year averaging period to a 5- submissions into ADAMS. certifying that it meets the NRC’s size year averaging period, as required by standards for a small entity. SBA regulations and in response to the II. Background The last revision, an inflationary Runway Act. The NRC’s current size standards are adjustment, to the receipts-based size Further, and analogous to the provided under part 2 of title 10 of the standards in §§ 2.810 and 171.16(c) was proposed inflation adjustment in Code of Federal Regulations (10 CFR), in a rule published in the Federal § 2.810, the NRC is proposing to amend ‘‘Agency Rules of Practice and Register on July 3, 2012 (77 FR 39385) § 171.16(c) to increase the upper tier Procedure,’’ in § 2.810, ‘‘NRC size and in the FY 2013 final fee rule receipts-based small entity size standard standards,’’ which were established on published in the Federal Register on from $7.0 million to $8.0 million for December 9, 1985, when implementing July 1, 2013 (78 FR 39479), respectively. small businesses and small, not-for- the requirements of the RFA (50 FR More recently, in FY 2020, the NRC profit organizations. Likewise, the NRC 50241). The RFA requires agencies to surveyed its materials licensees to help is proposing to increase the lower tier consider the impact of rulemaking on determine whether to change the size receipts-based size standard from small entities and, consistent with standards in § 2.810 (85 FR 6225; $485,000 to $555,000, based upon the applicable statutes, study alternatives to February 4, 2020). With the exception of percent change in the upper tier. minimize these impacts on applicable inflation-related increases and adjusting IV. Regulatory Flexibility Certification businesses, organizations, and the methodology for calculating average government jurisdictions. The NRC’s gross-receipts to be consistent with the Under the RFA, the Commission regulations in § 2.810 and 10 CFR part Runway Act and SBA regulations, the certifies that this proposed rule, if 171, ‘‘Annual Fees for Reactor Licenses survey results did not suggest that the adopted, will not have a significant and Fuel Cycle Licenses and Materials NRC should change its small entity size economic impact on a substantial Licenses, Including Holders of standards. number of small entities. This proposed Certificates of Compliance, The Runway Act amended section rule is administrative in that this Registrations, and Quality Assurance 3(a)(2)(C)(ii)(II) of the Small Business proposed rule will revise the criteria in Program Approvals and Government Act (15 U.S.C. 632(a)(2)(C)(ii)(II)), to 10 CFR parts 2 and 171 that the NRC Agencies Licensed by the NRC,’’ contain modify the requirements for the small uses to determine which of its licensees the criteria, in § 171.16(a) and (c), business size standards prescribed by an qualify as small entities for the purposes ‘‘Annual fees: Materials licensees, agency without separate statutory of compliance with the RFA. The holders of certificates of compliance, authority to issue size standards. proposed amendments to the size holders of sealed source and device Subsequently, on December 5, 2019, the standards conform to the SBA’s revised registrations, holders of quality SBA published a final rule modifying its standard and is expected to result in an assurance program approvals, and method for calculating average annual increase in the number of NRC licensees government agencies licensed by the receipts used to prescribe size standards that qualify as small entities. NRC,’’ that certain licensees use to for small businesses (84 FR 66561). As V. Regulatory Analysis qualify as small entities for the purpose a result, and because of the proposed of reducing annual license fees only. inflationary adjustments described more The RFA requires agencies to consider The NRC’s current size standards fully in the ‘‘Discussion’’ section of this the impact of rulemaking on small under § 2.810 are based on the SBA’s document, the NRC must revise its entities and, consistent with applicable receipts-based size standards for small receipts-based size standards from a 3- statutes, study alternatives to minimize businesses and small not-for-profit year averaging period to a 5-year the impacts on applicable businesses, organizations, employee-based size averaging period to comply with the organizations, and government standards for business concerns that are Runway Act. jurisdictions. In previous rulemakings to manufacturing and for small In order to amend § 2.810, the NRC amend its size standards, the NRC has educational institutions that are not must follow the procedures of the Small adjusted the criteria that the NRC uses State or publicly supported entities, and Business Act, and SBA’s implementing to determine which of its licensees population-based size standards for regulations in 13 CFR 121.903, ‘‘How qualify as small entities for the purposes small governmental jurisdictions. may an agency use size standards for its of compliance with the RFA. In establishing the Fiscal Year (FY) programs that are different than those For the NRC’s size standards, 1991 fee rule, the NRC determined that established by SBA?,’’ because it does rulemaking is required to amend the the annual fees would have a significant not have separate statutory authority to methodology for calculating average impact on a substantial number of small issue size standards. gross-receipts and the upper and lower material licensees. As a result, the NRC tier receipts-based size standards to established a small entity fee tier in III. Discussion reflect inflationary adjustments. Because § 171.16(c), which resulted in a subsidy The NRC is proposing to amend the last revision, an inflationary program whereby small entities would § 2.810 to increase the receipts-based adjustment, to the receipts-based size pay a reduced annual fee (56 FR 31507; small entity size standard from $7.0 standards in §§ 2.810 and 171.16(c) was July 10, 1991). In FY 1992, the NRC million to $8.0 million for small in 2012 and 2013, respectively, this established a second tier in § 171.16(c) businesses and small, not-for-profit proposed rule includes inflationary to benefit the licensees that were very organizations. These proposed adjustments to the receipts-based size small entities. Pursuant to § 171.16(c), if amendments are to remain consistent standards. This proposed rule would a licensee qualifies as a small entity and with inflation adjustments made by the amend §§ 2.810 and 171.16(c) to provides the Commission with the SBA to its size standard for increase the NRC’s upper tier receipts- proper certification, the licensee may nonmanufacturing concerns. Most based size standard from $7.0 million to pay a reduced annual fee. As part of the recently, the SBA adjusted this standard $8.0 million for small businesses and certification process, a licensee that for inflation on July 18, 2019 (84 FR small not-for-profit organizations, in meets the NRC’s size standards for a 34261). In addition, the NRC is also order to remain consistent with the small entity must complete NRC Form proposing to amend the average gross- inflation adjustments made in the SBA’s 526, ‘‘Certification of Small Entity receipts calculation process to change size standard for nonmanufacturing. In

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addition, the proposed rulemaking inflationary adjustments, the NRC is assessment has been prepared for this would amend § 171.16(c) to increase the required pursuant to the Runway Act to proposed rule. lower tier receipts-based size standard amend the average gross-receipts from a IX. Paperwork Reduction Act from $485,000 to $555,000, based upon 3-year averaging period to a 5-year the percentage change in the upper tier. averaging period. This proposed rule does not contain Furthermore, for consistency with the • The expected increase in additional a collection of information as defined in Runway Act and SBA regulations, the licensees qualifying as small entities the Paperwork Reduction Act of 1995 NRC is amending its methodology for could possibly increase the NRC’s net (44 U.S.C. 3501 et seq.) and, therefore, calculating the average gross-receipts budget authority as a result of additional is not subject to the requirements of the from a 3-year averaging period to a 5- licensees qualifying as small entities. Act. year averaging period. The results of the regulatory analysis The NRC estimates that the proposed are cost-justified because the proposed Public Protection Notification rule would provide the following rule would result in an estimated 95 The NRC may not conduct or sponsor, benefits and costs: additional licensees (a 12-percent and a person is not required to respond increase) who would qualify as small Benefits to, a collection of information unless the entities and be eligible to pay a reduced document requesting or requiring the • This action would result in annual fee and the identified cost collection displays a currently valid continued compliance with the RFA, impacts are small. The NRC did not OMB control number. since the proposed rule would reduce identify any other alternatives to amend the impact of annual fees on small the receipts-based size standards under X. Voluntary Consensus Standards entities by increasing the receipts-based § 2.810, which are consistent with the The National Technology Transfer size standards in § 2.810 and the tiers in adjustments made by the SBA. In and Advancement Act of 1995, Public § 171.16(c) that licensees use to qualify addition, the NRC did not identify any Law 104–113, requires that Federal as small entities. alternatives to rulemaking to amend the • While it is not certain how many agencies use technical standards that are upper and lower tiers under § 171.16(c) developed or adopted by voluntary licensees would qualify as small entities to reflect inflationary adjustments. under the receipts-based size standards consensus standards bodies unless the that is adjusted for inflation, the staff VI. Backfitting and Issue Finality use of such a standard is inconsistent with applicable law or otherwise estimates that 95 additional licensees (a The NRC has determined that the impractical. In this proposed rule, the 12-percent increase) would qualify as backfit rule, §§ 50.109, 70.76, 72.62, and action does not constitute the small entities and be eligible to pay a 76.76 and the issue finality provisions establishment of a standard that reduced annual fee. in 10 CFR part 52 do not apply to this contains generally applicable • The licensees can have increased proposed rule and that an analysis is not requirements. regulatory confidence that the NRC has required because these amendments do amended the agency’s receipts-based not require the modification of, or XI. Availability of Guidance size standards to be consistent with the addition to, (1) systems, structures, SBA’s practices, and that staff would components, or the design of a facility; The NRC publishes a fee guidance review the current size standards and (2) the design approval or document for small entities annually in determine whether proposed manufacturing license for a facility; or conjunction with the NRC’s annual rule amendments are needed every 5 years or (3) the procedures or organization to revise its fee schedules. The ‘‘Small sooner based on the SBA’s adjustments. required to design, construct, or operate Entity Compliance Guide’’ is designed a facility. to assist businesses, organizations, Costs educational institutions, and • The cost impact of changing the VII. Plain Writing governmental jurisdictions in average gross-receipts from a 3-year The Plain Writing Act of 2010 (Pub. determining whether they qualify as averaging period to a 5-year averaging L. 111–274) requires Federal agencies to small entities by providing the period is not known, as the average write documents in a clear, concise, and qualifying factors that make up the gross-receipts have been based on a 3- well-organized manner. The NRC wrote NRC’s definition of ‘‘small entity,’’ and year averaging period since the NRC this document to be consistent with the the current small entity fees. The NRC established its size standards in 1985. Plain Writing Act, as well as the will update the compliance guide each Every licensee would likely need to Presidential Memorandum, ‘‘Plain year when issuing the final fee rule and expend some effort to evaluate its gross- Language in Government Writing,’’ to align with the fee schedule of that receipts and may need to provide published June 10, 1998 (63 FR 31885). year. Most recently, the NRC prepared additional information if questions arise The NRC requests comment on the the Small Entity Compliance Guide for during the staff’s certification review. clarity and effectiveness of the language the FY 2021 proposed fee rule. This Modifying to a 5-year averaging period used in this proposed rule. compliance guide is available as of gross-receipts may result in a negative indicated in Section XII, Availability of impact in that some licensees that are VIII. National Environmental Policy Documents, of this document. close to the upper limit of their size Act XII. Availability of Documents standard could lose their small entity The NRC has determined that this status, while others may newly qualify proposed rule is the type of action Documents identified in the following as small entities. Despite this cost, since described in 10 CFR 51.22(c)(1). table are available to interested persons the NRC is proposing to amend the Therefore, neither an environmental through one or more of the following receipts-based size standards for impact statement nor environmental methods, as indicated.

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ADAMS Accession No./web link/Federal Reg- Document ister citation

NRC Size Standard for Making Determinations Required by the Regulatory Flexibility Act of 50 FR 20913. 1980 (December 9, 1985). NRC Form 526, ‘‘Certification of Small Entity Status for the Purposes of Annual Fees Imposed https://www.nrc.gov/reading-rm/doc-collections/ under 10 CFR Part 171’’. forms/nrc526.pdf. FY 2021 U.S. Nuclear Regulatory Commission Small Entity Compliance Guide ...... ML21105A750. Public Law (Pub. L.) 115–324, ‘‘Small Business Runway Extension Act of 2018’’ ...... https://www.congress.gov/115/plaws/publ324/ PLAW-115publ324.pdf. Receipts-Based, Small Business Size Standard; Direct Final Rule (July 3, 2012) ...... 77 FR 39385. Revision of Fee Schedules; Fee Recovery for Fiscal Year 2013 (July 1, 2013) ...... 78 FR 39479. Small Business Size Standards: Calculation of Annual Average Receipts; Final Rule (Decem- 84 FR 66561. ber 5, 2019).

Throughout the development of this PART 2—AGENCY RULES OF PART 171—ANNUAL FEES FOR proposed rule, the NRC may post PRACTICE AND PROCEDURE REACTOR LICENSES AND FUEL documents related to this proposed rule, CYCLE LICENSES AND MATERIALS including public comments, on the ■ 1. The authority citation for part 2 LICENSES, INCLUDING HOLDERS OF Federal rulemaking website at https:// continues to read as follows: CERTIFICATES OF COMPLIANCE, www.regulations.gov under Docket ID REGISTRATIONS, AND QUALITY Authority: Atomic Energy Act of 1954, NRC–2014–0264. ASSURANCE PROGRAM APPROVALS secs. 29, 53, 62, 63, 81, 102, 103, 104, 105, AND GOVERNMENT AGENCIES List of Subjects 161, 181, 182, 183, 184, 186, 189, 191, 234 LICENSED BY THE NRC (42 U.S.C. 2039, 2073, 2092, 2093, 2111, 10 CFR Part 2 2132, 2133, 2134, 2135, 2201, 2231, 2232, ■ 3. The authority citation for part 171 2233, 2234, 2236, 2239, 2241, 2282); Energy Administrative practice and continues to read as follows: Reorganization Act of 1974, secs. 201, 206 procedure, Antitrust, Byproduct Authority: Atomic Energy Act of 1954, (42 U.S.C. 5841, 5846); Nuclear Waste Policy secs. 11, 161(w), 223, 234 (42 U.S.C. 2014, material, Classified information, Act of 1982, secs. 114(f), 134, 135, 141 (42 Confidential business information, 2201(w), 2273, 2282); Energy Reorganization U.S.C. 10134(f), 10154, 10155, 10161); Act of 1974, sec. 201 (42 U.S.C. 5841); 42 Environmental protection, Freedom of Administrative Procedure Act (5 U.S.C. 552, U.S.C. 2215; 44 U.S.C. 3504 note. information, Hazardous waste, Nuclear 553, 554, 557, 558); National Environmental ■ 4. In § 171.16, revise paragraph (c) to energy, Nuclear materials, Nuclear Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. read as follows: power plants and reactors, Penalties, 3504 note. Reporting and recordkeeping Section 2.205(j) also issued under 28 § 171.16 Annual fees: Materials licensees, requirements, Sex discrimination, U.S.C. 2461 note. holders of certificates of compliance, Source material, Special nuclear holders of sealed source and device ■ 2. In § 2.810, revise paragraphs (a)(1) material, Waste treatment and disposal. registrations, holders of quality assurance and (b) to read as follows: program approvals, and government 10 CFR Part 171 agencies licensed by the NRC. § 2.810 NRC Size Standards. * * * * * Annual charges, Byproduct material, * * * * * (c) A licensee who is required to pay Holders of certificates, registrations, (a) * * * an annual fee under this section, in approvals, Intergovernmental relations, (1) Concern that provides a service or addition to 10 CFR part 72 licenses, may Nonpayment penalties, Nuclear qualify as a small entity. If a licensee a concern not engaged in manufacturing materials, Nuclear power plants and qualifies as a small entity and provides with average gross receipts of $8.0 reactors, Source material, Special the Commission with the proper nuclear material. million or less over its last 5 completed certification along with its annual fee fiscal years; or For the reasons set out in the payment, the licensee may pay reduced * * * * * preamble and under the authority of the annual fees as shown in table 1 to this Atomic Energy Act of 1954, as amended; (b) A small organization is a not-for- paragraph (c). Failure to file a small entity certification in a timely manner the Energy Reorganization Act of 1974, profit organization which is could result in the receipt of a as amended; and 5 U.S.C. 552 and 553, independently owned and operated and delinquent invoice requesting the the NRC is proposing to amend 10 CFR has annual gross receipts of $8.0 million or less. outstanding balance due and/or denial parts 2 and 171 as follows: of any refund that might otherwise be * * * * * due. The small entity fees are as follows:

TABLE 1 TO PARAGRAPH (c)

Maximum annual fee NRC small entity classification per licensed category

Small Businesses Not Engaged in Manufacturing (Average gross receipts over the last 5 completed fiscal years): $555,000 to $8 million ...... $4,900 Less than $555,000 ...... 1,000 Small Not-For-Profit Organizations (Annual Gross Receipts):

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TABLE 1 TO PARAGRAPH (c)—Continued

Maximum annual fee NRC small entity classification per licensed category

$555,000 to $8 million ...... 4,900 Less than $555,000 ...... 1,000 Manufacturing Entities that Have An Average of 500 Employees or Fewer: 35 to 500 employees ...... 4,900 Fewer than 35 employees ...... 1,000 Small Governmental Jurisdictions (Including publicly supported educational institutions) (Population): 20,000 to 49,999 ...... 4,900 Fewer than 20,000 ...... 1,000 Educational Institutions that are not State or Publicly Supported, and have 500 Employees or Fewer: 35 to 500 employees ...... 4,900 Fewer than 35 employees ...... 1,000

* * * * * ADDRESSES: You may send comments by Innovation Division, FAA, 10101 Dated: July 1, 2021. any of the following methods: Hillwood Pkwy., Fort Worth, TX 76177; • Federal eRulemaking Docket: Go to For the Nuclear Regulatory Commission. telephone (817) 222–5110; email https://www.regulations.gov. Follow the [email protected]. Cherish K. Johnson, online instructions for sending your SUPPLEMENTARY INFORMATION: Chief Financial Officer. comments electronically. [FR Doc. 2021–15506 Filed 7–23–21; 8:45 am] • Fax: (202) 493–2251. Comments Invited BILLING CODE 7590–01–P • Mail: U.S. Department of The FAA invites you to send any Transportation, Docket Operations, written relevant data, views, or M–30, West Building Ground Floor, arguments about this proposal. Send DEPARTMENT OF TRANSPORTATION Room W12–140, 1200 New Jersey your comments to an address listed Avenue SE, Washington, DC 20590– under ADDRESSES. Include ‘‘Docket No. Federal Aviation Administration 0001. FAA–2021–0579; Project Identifier • Hand Delivery: Deliver to the Mail MCAI–2020–00267–R’’ at the beginning 14 CFR Part 39 address between 9 a.m. and 5 p.m., of your comments. The most helpful [Docket No. FAA–2021–0579; Project Monday through Friday, except Federal comments reference a specific portion of Identifier MCAI–2020–00267–R] holidays. the proposal, explain the reason for any For service information identified in recommended change, and include RIN 2120–AA64 this NPRM, contact Leonardo S.p.A. supporting data. The FAA will consider Helicopters, Emanuele Bufano, Head of Airworthiness Directives; Leonardo all comments received by the closing Airworthiness, Viale G.Agusta 520, S.p.a. Helicopters date and may amend this proposal 21017 C.Costa di Samarate (Va) Italy; because of those comments. AGENCY: Federal Aviation telephone +39–0331–225074; fax +39– Except for Confidential Business Administration (FAA), DOT. 0331–229046; or at https:// Information (CBI) as described in the ACTION: Notice of proposed rulemaking customerportal.leonardocompany.com/ following paragraph, and other (NPRM). en-US/. You may view this service information as described in 14 CFR information at the FAA, Office of the 11.35, the FAA will post all comments SUMMARY: The FAA proposes to adopt a Regional Counsel, Southwest Region, received, without change, to http:// new airworthiness directive (AD) for 10101 Hillwood Pkwy., Room 6N–321, www.regulations.gov, including any certain Leonardo S.p.a. (Leonardo) Fort Worth, TX 76177. For information personal information you provide. The Model AB139 and AW139 helicopters. on the availability of this material at the agency will also post a report This proposed AD was prompted by a FAA, call (817) 222–5110. summarizing each substantive verbal report of several occurrences of a contact received about this NPRM. cracked main gearbox (MGB) spherical Examining the AD Docket bearing lock nut (lock nut). This You may examine the AD docket at Confidential Business Information proposed AD would require removing https://www.regulations.gov by CBI is commercial or financial from service a certain part-numbered searching for and locating Docket No. information that is both customarily and MGB lock nut that is installed on certain FAA–2021–0579; or in person at Docket actually treated as private by its owner. part-numbered MGBs and replacing it Operations between 9 a.m. and 5 p.m., Under the Freedom of Information Act with newly designed MGB lock nut. Monday through Friday, except Federal (FOIA) (5 U.S.C. 552), CBI is exempt This proposed AD would also would holidays. The AD docket contains this from public disclosure. If your prohibit installing any MGB with the NPRM, the European Union Aviation comments responsive to this NPRM affected MGB lock nut and would Safety Agency (EASA) AD, any contain commercial or financial prohibit installing any affected MGB comments received, and other information that is customarily treated lock nut on any helicopter. The FAA is information. The street address for as private, that you actually treat as proposing this AD to address the unsafe Docket Operations is listed above. private, and that is relevant or condition on these products. FOR FURTHER INFORMATION CONTACT: Rao responsive to this NPRM, it is important DATES: The FAA must receive comments Edupuganti, Aerospace Engineer, that you clearly designate the submitted on this proposed AD by September 9, Dynamic Systems Section, Technical comments as CBI. Please mark each 2021. Innovation Policy Branch, Policy & page of your submission containing CBI

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as ‘‘PROPIN.’’ The FAA will treat such AD 2019–0174; required replacing each Proposed AD Requirements marked submissions as confidential affected MGB lock nut with a newly This proposed AD would require under the FOIA, and they will not be designed MGB lock nut and prohibited within 100 hours time in service (TIS) placed in the public docket of this installing an affected MGB on any or during the next scheduled MGB NPRM. Submissions containing CBI helicopter. After EASA issued EASA AD overhaul, whichever occurs first after should be sent to Rao Edupuganti, 2020–0011, EASA identified that certain the effective date of this AD, removing Aerospace Engineer, Dynamic Systems MGB part numbers were inadvertently a certain part-numbered MGB lock nut Section, Technical Innovation Policy categorized incorrectly and therefore from service and replacing it with a new Branch, Policy & Innovation Division, listed in the wrong group of helicopters. part-numbered MGB lock nut. This FAA, 10101 Hillwood Pkwy., Fort Accordingly, EASA issued EASA AD proposed AD would prohibit installing Worth, TX 76177; telephone (817) 222– 2020–0011R1, dated November 20, 2020 an MGB having an affected MGB lock 5110; email [email protected]. (EASA AD 2020–011R1), revising EASA nut and also prohibit installing an Any commentary that the FAA receives AD 2020–0011. EASA AD 2020–0011R1 affected MGB lock nut on any helicopter which is not specifically designated as retains the requirements of EASA AD as of the effective date of the proposed CBI will be placed in the public docket 2020–0011 and corrects Appendix 1 of AD. for this rulemaking. EASA AD 2020–0011. After EASA issued EASA AD 2020– Differences Between This Proposed AD Background 0011R1, Leonardo Helicopters issued and the EASA AD EASA, which is the Technical Agent ASB No. 139–609, Revision A, dated EASA AD 2021–0121 requires a for the Member States of the European April 13, 2021 (ASB 139–609 Rev A), compliance time based on number of Union, issued EASA AD 2019–0036, which identifies an additional part- landings, whereas this proposed AD dated February 15, 2019 (EASA AD numbered MGB, which is also affected would require a compliance time based 2019–0036), to correct an unsafe by the unsafe condition. Accordingly, on hours TIS. The service information condition for all serial-numbered EASA superseded EASA AD 2020– referenced in EASA AD 2021–0121 Leonardo S.p.a. Helicopters (formerly 0011R1 with EASA AD 2021–0121, requires submitting certain information Finmeccanica S.p.A, AgustaWestland dated May 4, 2021 (EASA AD 2021– and parts to Leonardo, whereas this S.p.A., Agusta S.p.A.; and 0121). EASA AD 2021–0121 adds an proposed AD would not. EASA AD AgustaWestland Philadelphia additional part-numbered MGB with a 2021–0121 applies to all serial- Corporation, formerly Agusta Aerospace certain S/N to the list of affected parts. numbered Model AB139 and AW139 Corporation) Model AB139 and AW139 EASA AD 2021–0121 retains the helicopters, whereas this proposed AD helicopters. EASA advises that an requirements of EASA AD 2020– would only apply to Model AB139 and occurrence was reported of a cracked 0011R1, and corrects Table 1 and AW139 helicopters without certain part- MGB lock nut part number (P/N) Appendix 1 of EASA AD 2020–0011R1. numbered MGB lock nuts installed and 3G6310A09151, which is used to keep with certain part-numbered MGBs FAA’s Determination the planetary gears in position. EASA installed. AD 2019–0036 required replacing each These helicopters have been approved MGB lock nut with an airworthy MGB by EASA and are approved for operation Costs of Compliance lock nut. EASA advised this condition, in the United States. Pursuant to the The FAA estimates that this AD, if if not detected and corrected, could lead FAA’s bilateral agreement with the adopted as proposed, would affect 130 to failure of the MGB planetary gears, European Union, EASA has notified the helicopters of U.S. Registry. Labor rates resulting in loss of control of the FAA about the unsafe condition are estimated at $85 per work-hour. helicopter. described in its AD. The FAA is Based on these numbers, the FAA After EASA issued EASA AD 2019– proposing this AD after evaluating all estimates the following costs to comply 0036, an additional occurrence was known relevant information and with this proposed AD. reported of a cracked MGB lock nut P/ determining that an unsafe condition is Replacing each affected MGB lock nut N 3G6320A09151. Accordingly, EASA likely to exist or develop on other with a newly designed MGB lock nut superseded EASA AD 2019–0036 with helicopters of the same type designs. would take about 190 work-hours EASA AD 2019–0174, dated July 18, (during next MGB overhaul) and parts 2019 (EASA AD 2019–0174), which Related Service Information Under 1 would cost about $7,600 for an retained the requirements of EASA AD CFR Part 51 estimated cost of $23,750 per 2019–0036 but reduced the compliance The FAA reviewed ASB 139–609 Rev replacement. times. After EASA issued EASA AD A, which specifies procedures for Authority for This Rulemaking 2019–0174, Leonardo Helicopters issued replacing an affected MGB lock nut with Alert Service Bulletin (ASB) No. 139– the new MGB lock nut, within certain Title 49 of the United States Code 609, dated December 18, 2019 to compliance times for certain part- specifies the FAA’s authority to issue provide instructions for replacing the numbered MGBs, with certain serial rules on aviation safety. Subtitle I, affected MGB lock nut with MGB lock numbers. section 106, describes the authority of nut P/N 3G6320A09152, which has a This service information is reasonably the FAA Administrator. Subtitle VII: redesigned flange reducing the stress at available because the interested parties Aviation Programs, describes in more the bearing nut locations where cracks have access to it through their normal detail the scope of the Agency’s were detected. course of business or by the means authority. Accordingly, EASA then issued EASA identified in the ADDRESSES section. The FAA is issuing this rulemaking AD 2020–0011, dated January 29, 2020, under the authority described in and corrected January 30, 2020 (EASA Other Related Service Information Subtitle VII, Part A, Subpart III, Section AD 2020–0011), which superseded The FAA also reviewed Leonardo 44701: General requirements. Under EASA AD 2019–0174, and partially Helicopters ASB No. 139–567, Revision that section, Congress charges the FAA retained the requirements of EASA AD B, dated October 18, 2019, which with promoting safe flight of civil 2019–0174. EASA AD 2020–0011 provides additional information for aircraft in air commerce by prescribing revised the compliance times in EASA replacing the MGB lock nut. regulations for practices, methods, and

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procedures the Administrator finds (1) MGB P/N 3G6320A00131, of the local flight standards district office/ necessary for safety in air commerce. 3G6320A00132, 3G6320A00133, certificate holding district office. 3G6320A00134, 3G6320A00135, This regulation is within the scope of (j) Related Information that authority because it addresses an 3G6320A00136, 3G6320A22031, 4G6320A00132, or 4G6320A00133 installed, (1) For more information about this AD, unsafe condition that is likely to exist or or contact Rao Edupuganti, Aerospace Engineer, develop on products identified in this (2) MGB P/N 3G320A00133 with serial Dynamic Systems Section, Technical rulemaking action. number (S/N) M23, or MGB P/N Innovation Policy Branch, Policy & Regulatory Findings 3G6320A00134, with S/N M6, N76, N92, Innovation Division, FAA, 10101 Hillwood P124, P129, P131, P162, P184, Q230, Q243, Pkwy., Fort Worth, TX 76177; telephone The FAA determined that this Q249, R272, V21, V39, V96, V163, V211, (817) 222–5110; email rao.edupuganti@ proposed AD would not have federalism V241, V272, V281, V384, V386, or V622 faa.gov. implications under Executive Order installed, or (2) For service information identified in 13132. This proposed AD would not (3) MGB P/N 3G6320A00136 with S/N this AD, contact Leonardo S.p.A. Helicopters, have a substantial direct effect on the AW1, AW2, AW3, AW5, or AW10 installed. Emanuele Bufano, Head of Airworthiness, Viale G.Agusta 520, 21017 C.Costa di States, on the relationship between the (d) Subject Samarate (Va) Italy; telephone +39–0331– national Government and the States, or Joint Aircraft Service Component (JASC) 225074; fax +39–0331–229046; or at https:// on the distribution of power and Code: 6320, Main Rotor Gearbox. customerportal.leonardocompany.com/en- responsibilities among the various (e) Unsafe Condition US/. You may view this referenced service levels of government. information at the FAA, Office of the For the reasons discussed, I certify This AD was prompted by a cracked MGB Regional Counsel, Southwest Region, 10101 this proposed regulation: lock nut. The FAA is issuing this AD to Hillwood Pkwy., Room 6N–321, Fort Worth, 1. Is not a ‘‘significant regulatory replace an affected MGB lock nut with a new TX 76177. For information on the availability action’’ under Executive Order 12866, MGB lock nut. The unsafe condition, if not of this material at the FAA, call (817) 222– 2. Would not affect intrastate aviation addressed, could result in failure of the MGB 5110. planetary gears, resulting in loss of control of (3) The subject of this AD is addressed in in Alaska, and the helicopter. 3. Would not have a significant European Union Aviation Safety Agency economic impact, positive or negative, (f) Compliance (EASA) AD 2021–0121, dated May 4, 2021. You may view the EASA AD on the internet on a substantial number of small entities Comply with this AD within the at https://www.regulations.gov in Docket No. compliance times specified, unless already under the criteria of the Regulatory FAA–2021–0579. Flexibility Act. done. Issued on July 20, 2021. (g) Required Actions List of Subjects in 14 CFR Part 39 Gaetano A. Sciortino, Air transportation, Aircraft, Aviation (1) Within 100 hours time-in-service, or during the next scheduled MGB overhaul, Deputy Director for Strategic Initiatives, safety, Incorporation by reference, whichever occurs first after the effective date Compliance & Airworthiness Division, Safety. of this AD, remove each MGB lock nut P/N Aircraft Certification Service. The Proposed Amendment 3G6320A09151 from service and replace with [FR Doc. 2021–15722 Filed 7–23–21; 8:45 am] MGB lock nut P/N 3G6320A09152 in BILLING CODE 4910–13–P Accordingly, under the authority accordance with Annex A, steps 1 through delegated to me by the Administrator, 17, of Leonardo Helicopters Alert Service the FAA proposes to amend 14 CFR part Bulletin No. 139–609, Revision A, dated DEPARTMENT OF TRANSPORTATION 39 as follows: April 13, 2021 (ASB 139–609, Rev A), except you are not required to send parts to Federal Aviation Administration PART 39—AIRWORTHINESS Leonardo Helicopters. DIRECTIVES Note to paragraph (g)(1): Leonardo 14 CFR Part 71 Helicopters service information refers to an ■ 1. The authority citation for part 39 MGB lock nut as a ring nut. [Docket No. FAA–2020–0896; Airspace continues to read as follows: (2) As of the effective date of this AD, do Docket No. 20–ANM–17] not install any MGB having MGB lock nut P/ Authority: 49 U.S.C. 106(g), 40113, 44701. N 3G630A09151 on any helicopter, and do RIN 2120–AA66 not install any MGB lock nut P/N § 39.13 [Amended] 3G630A09151 on any helicopter. Proposed Modification of Class D ■ 2. The FAA amends § 39.13 by adding (h) Special Flight Permits Airspace; McChord Field (Joint Base the following new airworthiness Lewis-McChord), WA; Supplemental directive: Special flight permits are prohibited. Leonardo S.p.a.: Docket No. FAA–2021– (i) Alternative Methods of Compliance AGENCY: Federal Aviation 0579; Project Identifier MCAI–2020– (AMOCs) Administration (FAA), DOT. 00267–R. (1) The Manager, International Validation ACTION: Supplemental notice of (a) Comments Due Date Branch, FAA, has the authority to approve proposed rulemaking (SNPRM). AMOCs for this AD, if requested using the The FAA must receive comments on this procedures found in 14 CFR 39.19. In SUMMARY: This action proposes to airworthiness directive (AD) by September 9, accordance with 14 CFR 39.19, send your modify the Class D airspace at McChord 2021. request to your principal inspector or local Field (Joint Base Lewis-McChord), (b) Affected ADs Flight Standards District Office, as Tacoma, WA. After a review of the None. appropriate. If sending information directly airspace, the FAA found it necessary to to the manager of the International Validation (c) Applicability amend the existing airspace for the Branch, send it to the attention of the person safety and management of Instrument identified in paragraph (j)(1) of this AD. This AD applies to Leonardo S.p.a. Model Flight Rules (IFR) operations at this AB139 and AW139 helicopters, certificated Information may be emailed to: 9-AVS-AIR- in any category, without main gearbox (MGB) [email protected]. location and Visual Flight Rules (VFR) spherical bearing lock nut (lock nut) part (2) Before using any approved AMOC, at a satellite airport. This proposal number (P/N) 3G6320A09152 installed and notify your appropriate principal inspector, would also remove a reference to the with: or lacking a principal inspector, the manager McChord Very High Frequency

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Omnidirectional Range beacon (VOR) Comments Invited Designations and Reporting Points, from the legal description, update the Interested parties are invited to dated July 21, 2020, and effective airport name and city, and amend the participate in this proposed rulemaking September 15, 2020. FAA Order geographical coordinates for the airport by submitting such written data, views, 7400.11E is publicly available as listed to match the FAA’s database. or arguments, as they may desire. in the ADDRESSES section of this DATES: Comments must be received on Comments that provide the factual basis document. FAA Order 7400.11E lists Class A, B, C, D, and E airspace areas, or before September 9, 2021. supporting the views and suggestions air traffic service routes, and reporting presented are particularly helpful in ADDRESSES: Send comments on this points. proposal to the U.S. Department of developing reasoned regulatory Transportation, Docket Operations, 1200 decisions on the proposal. Comments Background New Jersey Avenue SE, West Building are specifically invited on the overall The FAA published a notice of Ground Floor, Room W12–140, regulatory, aeronautical, economic, proposed rulemaking for Docket No. Washington, DC 20590; telephone: 1– environmental, and energy-related FAA–2020–0896 in the Federal Register 800–647–5527, or (202) 366–9826. You aspects of the proposal. (85 FR 69281; November 2, 2020) must identify FAA Docket No. FAA– Communications should identify both proposing to modify the Class D 2020–0896; Airspace Docket No. 20– docket numbers and be submitted in airspace McChord Field (Joint Base ANM–17, at the beginning of your triplicate to the address listed above. Lewis-McChord). Interested parties were comments. You may also submit Persons wishing the FAA to invited to participate in this rulemaking comments through the internet at acknowledge receipt of their comments effort by submitting written comments https://www.regulations.gov. on this notice must submit with those on the proposal. One comment was FAA Order 7400.11E, Airspace comments a self-addressed, stamped received during the comment period. Designations and Reporting Points, and postcard on which the following The commenter was concerned that subsequent amendments can be viewed statement is made: ‘‘Comments to removing the entire area previously online at https://www.faa.gov/air_ Docket No. FAA–2020–0896; Airspace excluded for Spanaway Airport, would traffic/publications/. For further Docket No. 20–ANM–17’’. The postcard place aircraft arriving and departing information, you can contact the will be date/time stamped and returned Shady Acres Airport at a disadvantage Airspace Policy Group, Federal Aviation to the commenter. while departing to the North and Administration, 800 Independence All communications received before Landing to the South. Avenue SW, Washington, DC 20591; the specified closing date for comments Subsequent to publication of the telephone: (202) 267–8783. The Order is will be considered before taking action NPRM, the FAA received comments also available for inspection at the on the proposed rule. The proposal from the Aircraft Owners and Pilot National Archives and Records contained in this notice may be changed Association (AOPA), the Airport Administration (NARA). For in light of the comments received. A Manager and local Pilots from Shady information on the availability of FAA report summarizing each substantive Acres Airport and the U.S. Air Force. Order 7400.11E at NARA, email: public contact with FAA personnel AOPA, the Airport Manager and local [email protected], or go to https:// concerned with this rulemaking will be pilots were in favor of a small portion www.archives.gov/federal-register/cfr/ filed in the docket. of airspace, from the original area cutout for Spanaway airport, being maintained ibr-locations.html. Availability of NPRMs for satellite airport operations at Shady FOR FURTHER INFORMATION CONTACT: An electronic copy of this document Acres Airport. These amendments Richard Roberts, Federal Aviation may be downloaded through the would maintain the current level of Administration, Western Service Center, internet at https://www.regulations.gov. operational safety, while adhering to Operations Support Group, 2200 S Recently published rulemaking FAA policy on airspace for satellite 216th Street, Des Moines, WA 98198; documents can also be accessed through airports. The U.S. Air Force was not in telephone (206) 231–2245. the FAA’s web page at https:// favor of this recommendation. In SUPPLEMENTARY INFORMATION: www.faa.gov/air_traffic/publications/ addition, the FAA identified an area of _ Authority for This Rulemaking airspace amendments/. airspace to the Northwest that needed You may review the public docket additional clarification in its boundary The FAA’s authority to issue rules containing the proposal, any comments and the U.S. Air Force identified that regarding aviation safety is found in received, and any final disposition in only the VOR was being Title 49 of the United States Code. person in the Dockets Office (see the decommissioned and not the Tactical Subtitle I, Section 106 describes the ADDRESSES section for the address and Air Navigation System (TACAN), as authority of the FAA Administrator. phone number) between 9:00 a.m. and previously reported. The FAA Subtitle VII, Aviation Programs, 5:00 p.m., Monday through Friday, determined that the proposal needed describes in more detail the scope of the except federal holidays. An informal additional consideration due to these agency’s authority. This rulemaking is docket may also be examined during comments. promulgated under the authority normal business hours at the Northwest described in Subtitle VII, Part A, Mountain Regional Office of the Federal The Proposal Subpart I, Section 40103. Under that Aviation Administration, Air Traffic The FAA is proposing an amendment section, the FAA is charged with Organization, Western Service Center, to 14 CFR part 71 by modifying the prescribing regulations to assign the use Operations Support Group, 2200 S lateral dimensions of the Class D of airspace necessary to ensure the 216th Street, Des Moines, WA 98198. airspace. The FAA initiated a review of safety of aircraft and the efficient use of the assigned airspace and drafted the airspace. This regulation is within the Availability and Summary of subsequent proposal for modification scope of that authority as it would Documents for Incorporation by due to three actions. The FAA modify the Class D airspace to support Reference decommissioned the McChord VOR IFR operations at McChord Field (Joint This document proposes to amend because the U.S. Air Force was no Base Lewis-McChord), Tacoma, WA. FAA Order 7400.11E, Airspace longer going to maintain the NAVAID.

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As a result of the decommissioning, the impact is so minimal. Since this is a radius thence south to lat. 47°02′10″ N, long. FAA was required to redefine the routine matter that will only affect air 122°26′13″ W, thence west to lat. 47°02′21″ ° ′ ″ airspace that uses the VOR as a traffic procedures and air navigation, it N, long. 122 31 31 W, thence north to lat. 47°04′19″ N, long. 122°31′27″ W, thence reference and remove the reference from is certified that this rule, when ° ′ ″ the associated airspace descriptions. northwest to lat. 47 08 47 N, long. promulgated, would not have a 122°35′11″ W, thence east to lat. 47°08′35 N, The U.S. Air Force requested significant economic impact on a long. 122°33′03 W, thence north to the point elimination of airspace previously substantial number of small entities of beginning; and excluding that airspace at excluded for operations at Spanaway under the criteria of the Regulatory and below 1,000 feet MSL within an area Airport. In response, the FAA Flexibility Act. bounded by a line beginning at the point the completed an airspace review to 119° bearing intersects the 5.4-mile radius evaluate that request and the Class D Environmental Review clockwise to the point the 145° bearing airspace had not been examined in the This proposal will be subject to an intersects the 5.4-mile radius to lat. 47°04′34″ environmental analysis in accordance N, long. 122°24′2″ W; thence to lat. 47°05′43″ previous two years as required by FAA ° ′ ″ Orders. with FAA Order 1050.1F, N, long. 122 22 24 W; thence to the point of The exclusion of Class D airspace that ‘‘Environmental Impacts: Policies and beginning. is southeast of the airport would be Procedures’’ prior to any FAA final Issued in Des Moines, Washington, on July modified to facilitate use of the airspace regulatory action. 19, 2021. for aircraft arriving and departing Shady Maria A Aviles, List of Subjects in 14 CFR Part 71 Acres Airport, in keeping with FAA Acting Group Manager, Operations Support Directives. A portion of the airspace Airspace, Incorporation by reference, Group, Western Service Center. overlying Lakewood, WA would also be Navigation (air). [FR Doc. 2021–15720 Filed 7–23–21; 8:45 am] eliminated, as it is no longer needed. The Proposed Amendment BILLING CODE 4910–13–P In addition, the Legal Descriptions Heading would be corrected to identify Accordingly, pursuant to the the proper city and state, the name of authority delegated to me, the Federal ENVIRONMENTAL PROTECTION the airport and the geographical Aviation Administration proposes to AGENCY coordinates for McChord Field (Joint amend 14 CFR part 71 as follows: Base Lewis McChord) to match the 40 CFR Part 52 FAA’s National Airspace System PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR Resource (NASR) database. [EPA–R07–OAR–2019–0707; FRL–8684–03– Class D airspace designations are TRAFFIC SERVICE ROUTES; AND R7] published in paragraph 5000 of FAA REPORTING POINTS Air Plan Approval; Missouri; Open Order 7400.11E, dated July 21, 2020, ■ 1. The authority citation for 14 CFR Burning; Withdrawal and effective September 15, 2020, which part 71 continues to read as follows: is incorporated by reference in 14 CFR Authority: 49 U.S.C. 106(f), 106(g), 40103, AGENCY: Environmental Protection 71.1. The Class D airspace designations Agency (EPA). listed in this document will be 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. published subsequently in the Order. ACTION: Withdrawal of proposed rule. FAA Order 7400.11, Airspace § 71.1 [Amended] SUMMARY: The Environmental Protection Designations and Reporting Points, is ■ 2. The incorporation by reference in Agency (EPA) is withdrawing its published yearly and effective on 14 CFR 71.1 of FAA Order 7400.11E, proposed rule to approve Missouri’s September 15. Airspace Designations and Reporting revisions to the state’s open burning Regulatory Notices and Analyses Points, dated July 21, 2020, and rule, as published in the Federal effective September 15, 2020, is The FAA has determined that this Register on January 13, 2020. By a letter amended as follows: regulation only involves an established to the EPA dated May 26, 2021, body of technical regulations for which Paragraph 5000 Class D Airspace. Missouri withdrew its request for approval of revisions to this rule in the frequent and routine amendments are * * * * * necessary to keep them operationally state implementation plan (SIP). ANM WA D Tacoma, WA [AMEND] current, is non-controversial and DATES: The proposed rule published on unlikely to result in adverse or negative McChord Field (Joint Base Lewis-McChord), January 13, 2020 (85 FR 1794) is comments. It, therefore: (1) Is not a WA withdrawn as of July 26, 2021. (Lat. 47°08′17″ N, long. 122°28′35″ W) ‘‘significant regulatory action’’ under FOR FURTHER INFORMATION CONTACT: Executive Order 12866; (2) is not a That airspace extending upward from the Wendy Vit, Environmental Protection surface to and including 2,800 feet MSL ‘‘significant rule’’ under DOT within a 5.4-mile radius of the McChord Agency, Region 7 Office, Air Quality Regulatory Policies and Procedures (44 Field (Joint Base Lewis-McChord), beginning Planning Branch, 11201 Renner FR 11034; February 26, 1979); and (3) at the point the 315° bearing intersects the Boulevard, Lenexa, Kansas 66219 at does not warrant preparation of a 5.4-mile radius clockwise to the point where (913) 551–7697, or by email at regulatory evaluation as the anticipated the 162° bearing intersects the 5.4-mile [email protected].

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SUPPLEMENTARY INFORMATION: Missouri revisions proposed to 10 CSR 10–6.045 matter, Reporting and recordkeeping has withdrawn the rule as stated in the on January 13, 2020 at 85 FR 1794. requirements, Sulfur oxides, Volatile letter dated May 26, 2021, which is organic compounds. List of Subjects in 40 CFR Part 52 included in the docket for this action. Dated: July 19, 2021. Because the EPA received adverse Environmental protection, Air comments on its proposed rule, the EPA pollution control, Carbon monoxide, Edward H. Chu, is publishing this notice of withdrawal Incorporation by reference, Acting Regional Administrator, Region 7. to notify commenters that it no longer Intergovernmental relations, Lead, [FR Doc. 2021–15736 Filed 7–23–21; 8:45 am] intends to take final action on the Nitrogen dioxide, Ozone, Particulate BILLING CODE 6560–50–P

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Notices Federal Register Vol. 86, No. 140

Monday, July 26, 2021

This section of the FEDERAL REGISTER Agriculture Council (SFAC). The SFAC Avenue SW, Washington, DC 20250– contains documents other than rules or consists of leadership in each state of 9410. proposed rules that are applicable to the the following agencies: Farm Service Email: [email protected]. public. Notices of hearings and investigations, Agency, Natural Resources Conservation Fax: (202) 690–7442. committee meetings, agency decisions and Service, and Rural Development. FOR FURTHER INFORMATION CONTACT rulings, delegations of authority, filing of : U.S. petitions and applications and agency DATES: Only one project proposal may Department of Agriculture, Office of statements of organization and functions are be submitted per eligible entity. Partnerships and Public Engagement, examples of documents appearing in this Proposals must be submitted through Attn: Kenya Nicholas, Program Director, section. Grants.gov (www.grants.gov) and Jamie L. Whitten Building, Room 520– received by August 25, 2021, at 11:59 A, 1400 Independence Avenue SW, p.m. EDT. Proposals submitted after this Washington, DC 20250. DEPARTMENT OF AGRICULTURE deadline will not be considered for Phone: (202) 720–6350. funding. Fax: (202) 720–7704. Office of Partnerships and Public Email: [email protected]. Engagement ADDRESSES: The OPPE will host two (2) Persons with Disabilities: Persons who [FOA No.: OPPE–016] webinars during the open period of this require alternative means for announcement as provided below. communication (Braille large print, Catalog of Federal Domestic Sessions will be recorded. Additional audiotape, etc.), should contact USDA’s Assistance (CFDA) No.: 10.443— sessions may be necessary to answer TARGET Center at (202) 720–2600 Outreach and Assistance for Socially questions and clarify requirements. (voice and TDD). Additionally, Disadvantaged Farmers and Ranchers There is no registration required to alternative means for submissions due and Veteran Farmers and Ranchers participate. to disability status will be approved on a case-by-case basis. AGENCY: Office of Partnerships and Session 1: July 28, 2021, at 2:00 p.m. Public Engagement (OPPE), Agriculture EDT—To join the conference, click: SUPPLEMENTARY INFORMATION: Funding/ (USDA). https://ems8.intellor.com/login/839760 Awards: The total funding provided for this competitive program is ACTION: Funding Opportunity Follow the prompts to connect audio by approximately $16.6 million as Announcement (FOA) for fiscal year computer or telephone. If you are provided in the 2018 Farm Bill. 2021. unable to join the web conference or require a non-US phone number, click The OPPE will award grants from this SUMMARY: This notice announces the here. Access Code: 5066171#. announcement, subject to availability of availability of funds for fiscal year (FY) funds and the quality of applications Session 2: August 10, 2021, at 2:00 p.m. 2021 and solicits applications from received. All applicants will compete EDT—To join the conference, click: community-based and non-profit based on their organization’s entity type organizations, institutions of higher https://ems8.intellor.com/login/839761 (e.g., nonprofit organization, tribal education, and Tribal entities to Follow the prompts to connect audio by entity, or higher education institution), compete for financial assistance through computer or telephone. If you are as described below. The project period the Outreach and technical assistance unable to join the web conference or must be three (3) years for all proposals. for Socially Disadvantaged Farmers and require a non-U.S. phone number, click The maximum amount of requested Ranchers and Veteran Farmers and here. Access Code: 7821646#. federal funding for projects shall not Ranchers Program (hereinafter referred Filing a Complaint of Discrimination exceed $750,000 over the 3-year period. to as the ‘‘2501 Program’’). The overall Additionally, the maximum award per goal of the 2501 Program is to encourage To file a program discrimination year is $250,000. Projects will be funded and assist socially disadvantaged complaint, you may obtain a complaint in accordance with the approved farmers and ranchers, veteran farmers form by sending an email to OAC@ statement of work and the OPPE and ranchers, and beginning farmers usda.gov. You or your authorized Guidelines to maximize outreach, and ranchers with owning and operating representative must sign the complaint education and technical assistance farms and ranches and in participating form. You are not required to use the ensuring geographical distribution of equitably in the full range of complaint form. You may write a letter funds as required in section 7 U.S.C. agricultural, forestry, and related instead. If you write a letter, it must 2279(c)(4)(G). programs offered by USDA. In contain all the information requested in Funds will be awarded to eligible partnership with the OPPE, eligible the form and be signed by you or your entities that have at least three (3) years entities may compete for funding on authorized representative. Incomplete of documented experience, preceding projects that provide education and information will delay the processing of the submission of an application, in training in agriculture, agribusiness, your complaint. Employment civil working with socially disadvantaged forestry, agriculturally related services, rights complaints will not be accepted farmers and ranchers or veteran farmers and USDA programs, and to conduct through this email address. and ranchers to improve their ability to outreach initiatives designed to Send your completed complaint form start and maintain successful forestry accomplish those goals. This or letter to USDA by mail, fax, or email: and/or agricultural-related operations. partnership includes working closely Mail: The Secretary shall give priority to with OPPE, attend OPPE-led events in U.S. Department of Agriculture nongovernmental and community-based your proposed service territory, and Director, Center for Civil Rights organizations with demonstrated history collaborate with your State Food and Enforcement, 1400 Independence of serving socially disadvantaged and

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veteran farmers and ranchers (see Category #3: Eligible entities can provide agricultural outreach and Section V. Application Review described in Sections III.A.5 and III.A.7 technical assistance and extend Information). (i.e., all other institutions of higher outreach and education efforts to An applicant MUST be an entity or education including 1862 colleges, connect with and assist socially organization. Individuals and for-profit nonprofit organizations without a disadvantaged and veteran farmers and organizations do not meet the eligibility 501(c)(3) status certification from the ranchers to provide them with criteria. IRS, and an organization or institution information on available USDA Funds under this program may not be that received funding under this resources. used for the planning, repair, program before January 1, 1996). 1. The 2501 Program was authorized by the Food, Agriculture, Conservation, rehabilitation, acquisition, or Contents of This Announcement: construction of a building or facility. and Trade Act of 1990. The Food, Program funds may not be used for start- I. Funding Opportunity Description Conservation, and Energy Act of 2008 up or financing costs for businesses. A. Background expanded the authority of the Secretary Additionally, funds may not be used for B. Scope of Work of Agriculture (the Secretary) to provide C. Anticipated Outputs (Activities), an organization’s capacity building, awards under the program and Outcomes (Results), and Performance transferred the administrative authority which is defined as the development of Measures organizational competencies, strategies, II. Award Information to the OPPE. The Agricultural Act of or systems and structures in order to A. Statutory Authority 2014 further expanded the program to improve organizational efficiency and B. Expected Amount of Funding include outreach and technical effectiveness. Program funds may also C. Project Period assistance to veterans. The 2501 not be used as small agricultural loans D. Award Type Program extends USDA’s capacity to III. Eligibility Information work with members of farming and for individual farmers or used to A. Eligible Entities incentivize individuals to attend an ranching communities by funding B. Cost-Sharing or Matching projects that enhance the equitable event. Finally, large equipment C. Threshold Eligibility Criteria purchases such as vehicles, semi- IV. Proposal and Submission Information participation of socially disadvantaged tractors, or refrigeration systems are A. Data Universal Numbering System and veteran farmers and ranchers in unallowable under this program. B. System for Award Management (SAM) USDA programs. It is the OPPE’s Eligible entities may receive C. Obtain Proposal Package From intention to build lasting relationships Grants.gov (www.grants.gov) among USDA, recipient organizations, subsequent years funding provided that: D. Content of Proposal Package Submission (a) Activities and associated costs do and socially disadvantaged and veteran E. Sub-Awards and Partnerships farmers and ranchers to maximize the not overlap with projects awarded in F. Submission Dates and Times previous years; and G. Confidential Information availability of outreach and technical (b) Recipients are current and H. Pre-Submission Proposal Assistance assistance in targeted communities. 2. Only one proposal will be accepted compliant with financial and V. Application Review Information from each organization. This does not performance reporting. The progress of A. Evaluation Criteria apply to applicants in the State of existing projects, along with the B. Evaluation Criteria for New Grants Proposals Massachusetts. The State fiscal transfer percentage of funds used to date, may C. Selection of Reviewers agent may submit multiple proposals impact funding decisions. VI. Award Administration Information ensuring that only one proposal is Funding will be awarded based on A. Award Notices submitted on behalf of each of its ranked scores comprised of the three B. Administrative and National Policy individual fiscally sponsored categories described below, along with Requirements organizations. the amount of anticipated funding for C. Reporting Requirement each category. The OPPE has discretion I. Funding Opportunity Description B. Scope of Work to allocate funding among the three A. Background The 2501 Program provides funding categories based upon the number and to eligible organizations with at least 3 quality of applications received. There The OPPE is committed to ensuring years of documented experience, is no commitment by the OPPE to fund that socially disadvantaged and veteran preceding the submission of an any particular application nor is there a farmers and ranchers can equitably application, in working with socially minimum number of recipients within participate in USDA programs. disadvantaged farmers and ranchers or each category. Differences in demographics, culture, veteran farmers and ranchers to improve Category #1: Eligible entities economics, language, and other factors their ability to start and maintain described in Sections III.A.2, III.A.3, preclude a single approach to successful forestry and/or agricultural- and III.A.4 identifying solutions that can benefit related operations. This is a non- (1890 Land-Grant colleges and underserved farmers and ranchers. construction grant. Proposals must be universities, 1994 Tribal Land-Grant, Grants are provided to community- consistent with requirements stated in 7 Alaska Native and American Indian based and non-profit organizations, U.S.C. 2279(c)(3). Under this statute, the Tribal colleges and universities, and higher education institutions, eligible outreach and technical assistance Hispanic-Serving Institutions of higher Tribal entities and other eligible entities program funds shall be used education). with at least three (3) years of exclusively: Category #2: Eligible entities documented experience, preceding the 1. To enhance coordination of the described in Sections III.A.1 and III.A.6 submission of an application. Eligible outreach, technical assistance, (i.e., nonprofit organizations, entities working with socially education, and training efforts community-based organizations, disadvantaged farmers and ranchers or authorized under USDA agriculture including a network or a coalition of veteran farmers and ranchers can programs; community-based organizations, improve their ability to start and 2. To assist the Secretary of Federally-recognized Indian Tribes (as maintain successful forestry and/or Agriculture in: defined in 25 U.S.C. 5131), and National agricultural-related operations. With a. Reaching current and prospective Tribal organizations). 2501 Program funding, organizations socially disadvantaged farmers or

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ranchers, veteran farmers or ranchers, or activity, task, or associated work resources or programs, or actions taken beginning farmers and ranchers in a product related to improving the ability by stakeholders as a result of learning. linguistically appropriate manner; and of socially disadvantaged or veteran Specifically, outcomes must be b. improving the participation of farmers and ranchers to own and quantitative as it relates to the project those farmers and ranchers in USDA operate farms and ranches, assistance goals and objectives. Project Directors programs. with agriculture related activities, or will be required to document There are five programmatic mission guidance for participation in USDA anticipated outcomes that are funded areas that support the goals of the 2501 programs. Outputs must be measurable under this announcement including, but Program. Proposals from eligible entities during the period of performance. not limited to the following: must address at least two of the five Outputs describe an organization’s a. Documenting the actual number of following programmatic mission areas activities and their participants such as: new farmers and/or ranchers your as they develop their goals: Number of workshops or meetings held organization assisted as a result of your i. Assist socially disadvantaged, and number of participants attending project and the type of assistance (i.e., veteran farmers and ranchers, or (including a list of participants with number of farms or ranches started, beginning farmers and ranchers in contact information); frequency of maintained, or improved as a result of owning and operating successful farms services or training delivered and to funds made available under the and ranches; whom; development of products or program); ii. Improve participation among resources provided. Other examples b. Documenting race, sex, national socially disadvantaged or veteran include but are not limited to the origin, disability (if provided) and farmers and ranchers in USDA following: number of socially disadvantaged and/ programs; a. Serve 300 socially disadvantaged or veteran farmers or ranchers applying iii. Build relationships between and/or veteran farmers or ranchers by for USDA programs and services by current and prospective farmers and the end of the grant; program area; ranchers who are socially disadvantaged b. Conduct 12 workshops or training c. Documenting race, sex, national or veterans and USDA’s local, state, through virtual and/or in-person origin, disability (if provided) and regional, and National offices; sessions, regarding animal husbandry, number of USDA program applications iv. Assist in reaching current and annually; prospective socially disadvantaged approved for funding, by program area, c. Assist 100 new farmers/ranchers to for socially disadvantaged or veteran farmers, ranchers, or forest landowners be able to process and accept SNAP in a linguistically appropriate manner; farmers or ranchers as a result of your payments; activities; and d. Host 72 demonstrations on hoop d. Documenting the number of v. Assist with identifying problems house construction at the rate of 2 per socially disadvantaged or veteran and barriers identified by entities in month over a three-year period; trying to increase participation by e. Develop a program to enhance the farmers and/or ranchers that have better current and prospective socially operational viability of socially access to USDA Programs as a result of disadvantaged farmers or ranchers. disadvantaged and/or veteran farmers your outreach and/or training efforts; The OPPE shall seek input from and ranchers; e. Documenting the enhanced eligible entities providing technical f. Conduct Title Resolution sustainability and retention of farming assistance under this subsection not less Consultations for 10 socially operations among socially than once each year to ensure that the disadvantaged farmers and ranchers disadvantaged or veteran farmers or program is responsive to the eligible with forest land, 3 of whom will receive ranchers; entities providing that technical title resolution plans & legal technical f. Documenting higher profitability assistance (7 U.S.C. 2279(c)(4)(J)). The assistance annually; and economic stability among socially OPPE may require Project Directors to g. Provide assistance to 300 socially disadvantaged or veteran farmers or attend an Annual Meeting that can be disadvantaged farmers resulting in the ranchers resulting from increased access expensed with awarded grant funds not submission of FSA loan and grant to marketing and enhanced sales to exceed $1,800 per award year. The applications to expand farming opportunities for their products; and Annual Meeting will allow participants, operations at the rate of 25 per quarter g. Documenting through surveys an USDA officials, and other agriculture- per fiscal year; or increase in the awareness and number related industry participants to network, h. Hold 12 workshops annually to and types of USDA programs and encourage partnerships, share best provide socially disadvantaged or services as a result of your project. practices (including COVID-related veteran farmers and ranchers training in 3. Project Performance Measures. strategies used to assist targeted writing business plans, financial literacy Project performance measures are tied to communities), discuss programmatic or in automating their farming business. the goals or objectives of each activity requirements, share information on new 2. Outcomes (Results). The term and ultimately the overall purpose of and enhanced USDA programs and ‘‘outcome’’ means the difference or the project. They provide progress and services, and obtain programmatic effect that has occurred as a result from completion information of proposed feedback. Stakeholder input will also be carrying out an activity, workshop, activities and may indicate areas where accepted by those unable to attend the meeting, or from delivery of services a project may need adjustments. Annual Meeting in person by September related to a programmatic goal or Applicants must develop performance 30th of each fiscal year at: 2501Grants@ objective. It is also the final impact or measure targets for each of the proposed usda.gov. change that occurs as a direct result of activities. These targets will be used as the activities performed in a mechanism to track the progress and C. Anticipated Outputs (Activities), accomplishing the objectives and goals success of the project. Project Outcomes (Results), and Performance of your project. Outcomes may refer to performance measures must include the Measures results that are agricultural, behavioral, assumptions used to make those 1. Outputs (Activities). The term social, or economic in nature. Outcomes estimates. Specifically, outcomes must ‘‘output’’ means an outreach, may reflect an increase in knowledge or be quantitative as it relates to the project educational component, or assistance skills, a greater awareness of available goals and objectives.

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Consider the following questions submission documentation and/or only with respect to projects that the when developing performance application package. OPPE reserves the Secretary considers similar to projects measurement statements: right not to fund any ‘‘conditionally previously carried out by the entity • What are the measurable short-term approved’’ application(s) found to be under this program. and long-term goals our project will ineligible after final validation. have on serving the needs of our B. Cost-Sharing or Matching stakeholders? III. Eligibility Information There are no cost-sharing nor • How will my organization measure A. Eligible Entities matching requirements associated with the effectiveness and efficiency of our this program. Applicants may charge 1. Any non-profit, community-based proposed activities to meet the overall their negotiated indirect cost rate or 10 organizations, tribal entity, networks, or goals and objectives for this project? percent, whichever is lower. Indirect • Will agriculture producers or a coalition of community-based cost rates exceeding 10 percent will not beginning farmers and ranchers gain an organizations with at least 3 years of be permitted. understanding in production, documented expertise in working with marketing, business management, and socially disadvantaged farmers or C. Threshold Eligibility Criteria legal business issues? Will they develop ranchers or veteran farmers or ranchers Applications from eligible entities that: that meet all criteria will be evaluated their business acumen or implement or • incorporate what they have learned? Demonstrates experience in as follows: • How will I collect those providing agricultural education or 1. Proposals must comply with the performance measurement data? What other agriculturally related services on submission instructions and evidence will I use with this measure? USDA programs and services to socially requirements set forth in Section IV of disadvantaged or veteran farmers or this announcement. Pages greater than II. Award Information ranchers; the page limitation will not be • A. Statutory Authority provides documentary evidence of considered. work with, and on behalf of, socially 2. Proposals must be received through The statutory authority for this action disadvantaged, veteran farmers or Grants.gov (www.grants.gov) as is 7 U.S.C. 2279(c), which authorizes ranchers, or beginning farmers and specified in Section IV of this award funding for projects designed to ranchers during the 3-year period announcement on or before the proposal provide outreach and technical preceding the submission of a proposal submission deadline. Applicants will assistance to socially disadvantaged or for assistance under this program (the receive an electronic confirmation veteran farmers or ranchers. lead applicant and/or any receipt of their proposal from B. Expected Amount of Funding organization(s) comprising of a coalition Grants.gov. or network must meet the three-year The total estimated funding expected 3. Proposals received after the period preceding the submission to be available for awards under this submission deadline will not be criteria); and competitive opportunity is considered. Note that in order to submit • does not or has not engaged in approximately $16.6 million. The proposals, organizations must create activities prohibited under Section maximum amount of requested federal accounts in Grants.gov and in the 501(c)(3) of the Internal Revenue Code funding shall not exceed $750,000. System for Awards Management of 1986.2. (www.SAM.gov); both of which could C. Project Period 2. An 1890 or 1994 land-grant take several weeks. Therefore, it is The performance period for projects institution of higher education (as strongly suggested that organizations selected from this solicitation will not defined in 7 U.S.C. 7601 and in Section begin this process immediately. begin prior to the effective award date 533 of the Equity in Educational Land- Registering early could prevent listed in the grant agreement. The Grant Status Act of 1994 (7 U.S.C. 301 unforeseen delays in submitting your project period must be no less three (3) note)). proposal. years. 3. An American Indian Tribal 4. Proposals must address a minimum community college or university or an of two programmatic mission areas D. Award Type Alaska Native cooperative college. listed in Section I, Part B, (i–v) to Funding for selected projects will be 4. A Hispanic-Serving Institution of provide outreach and technical in the form of a grant agreement which higher education (as defined in 7 U.S.C. assistance to socially disadvantaged or must be fully executed no later than 3103). veteran farmers or ranchers. September 30 annually. The anticipated 5. Any other institution of higher 5. Recipients of a 2501 Grant with a Federal involvement will include, but education (as defined in 20 U.S.C. 1001) Period of Performance that extends not limited to, the following activities: that has demonstrated experience in beyond 90 days of the current fiscal year 1. Approval of recipients’ final budget providing agricultural education or are not eligible to apply (this does not and Project Narrative or statement of other agricultural-related services to apply to grantees with a no-cost work accompanying the grant socially disadvantaged or veteran extension). For example, current 2501 agreement; farmers or ranchers. Grant recipients must complete their 2. Monitoring of recipients’ 6. Any Federally-recognized Indian projects by the end of the current performance through semi-annual and Tribe (as defined in 25 U.S.C. 5131) or calendar year, to be eligible to apply. final financial and performance reports; a national tribal organization that has 6. Incomplete or partial applications and demonstrated experience in providing will not be eligible for consideration. 3. Conducting on-site monitoring agricultural education or other Any required documents missing from visits to review compliance, use of agriculturally related services to socially an applicant’s application will render Federal funds and fidelity in disadvantaged or veteran farmers or that applicant ineligible and the implementing the project. ranchers. application will not be forwarded to the All award notifications will be 7. All other organizations or External Peer Review Panel (the Panel) ‘‘conditionally approved’’ pending final institutions that received funding under for review. Additionally, applications validation of all selected applicants’ this program before January 1, 1996, but may not be accepted for review if they

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exceed the maximum allowable pages Federal awarding agency. The OPPE ‘‘Support’’ tab to contact their customer for the Project Narrative, exceed the may not make a Federal award to an support personnel if you need help with maximum federal budget request, or applicant until the applicant has submitting your application. propose objectives that do not fit the complied with all applicable unique Applicants may download individual purpose and scope of the 2501 Program. entity identifier and SAM requirements. grant proposal forms from Grants.gov. See Section IV. Content of Proposal If an applicant has not fully complied For assistance with Grants.gov, consult Package Submission, subparagraph D, with the requirements by the time the the Applicant User Guide at http:// for required documents. OPPE is ready to make a Federal award, grants.gov/assets/ the OPPE may determine that the ApplicantUserGuide.pdf. IV. Proposal and Submission applicant is not qualified to receive a Federal agencies post funding Information Federal award and use that opportunities on Grants.gov. The OPPE A. Data Universal Numbering System determination as a basis for making a is not responsible for submission issues Federal award to another applicant. In accordance with the Federal associated with Grants.gov. If you Additionally, organizations found to Funding Accountability and experience submission issues, contact have unresolved key personnel Transparency Act (FFATA) and the Grants.gov support staff for assistance. exclusions will not be awarded. USDA implementation, all applicants Proposals must be submitted by SAM contains the publicly available August 25, 2021, via Grants.gov at 11:59 must obtain and provide an identifying data for all active exclusion records number from Dun and Bradstreet’s p.m. EDT. Proposals submitted after this entered by the Federal Government deadline will not be considered. (D&B) Data Universal Numbering identifying those parties excluded from System (DUNS). Applicants can receive receiving Federal contracts, certain D. Content of Proposal Package a DUNS number, at no cost, by calling subcontracts, and certain types of Submission the toll-free DUNS number request line Federal financial and non-financial All submissions must contain at (866) 705–5711 or visiting the D&B assistance and benefits. All applicant completed and electronically signed website at www.dnb.com. organizations and their key personnel original application forms, as well as a B. System for Award Management will be vetted through SAM to ensure Project Narrative and a Budget Narrative (SAM) compliance with this requirement. as described below: Organizations identified as having 1. Required forms, documents, and SAM.gov streamlines the application delinquent Federal debt may contact the process and reduces applicant burden attachments. The forms listed below can Treasury Offset Program at (800) 304– be found in the proposal package at by enabling applicants to complete the 3107 for instructions on resolution but required Financial Assistance Grants.gov and must be submitted with will not be awarded a 2501 Program all applications. Required forms are Representations and Certifications in grant prior to resolution. SAM.gov when applying for any Federal provided in the package as fillable Should an applicant be awarded a forms. Applicants must download and assistance. grant, ezFedGrants (USDA’s financial It is a requirement to register for SAM complete these forms and submit them grants management system) is linked in the application submission portal at (www.sam.gov). There is NO fee to with SAM to ensure funding payments register for this site. This registration Grants.gov. PDF documents listed below are directed properly as entities must are documents the applicant must create must be maintained and updated enter their banking information through annually. Applicants can register or and submit in PDF format. Use the SAM; as a result Federal agencies checklist of required documents below update their profile, at no cost, by cannot award funding to any visiting the SAM website at to submit your application through organization not properly/fully Grants.gov: www.sam.gov. This is a requirement to registered is SAM. registering for Grants.gov where all ✓ Standard Form (SF) 424, Application organizations must submit their C. Obtain Proposal Package From for Federal Assistance application. Grants.gov (www.grants.gov) ✓ Project/Performance Site Location(s) ✓ Depending on the type of Federal Federal agencies post competitive Project Abstract Summary ✓ Assistance your organization requests, funding opportunities on Grants.gov Project Narrative (in PDF format) ✓ you may need to complete the Federal and applicants must submit their Standard Form (SF) 424A, Budget Acquisition Regulation (FAR) report, application or proposal to apply for Information—Non-Construction but for OPPE Federal assistance, you Federal assistance through Grants.gov. Programs ✓ must complete the Financial Assistance Applicants can learn about grants by Budget Narrative (in PDF format) ✓ Representations and Certifications visiting Grants.gov (www.grants.gov), Key Contacts ✓ Report. Completing this report certifies clicking on the Learn Grants tab and Grants.gov Lobbying Form ✓ that your organization is in compliance search for funding opportunities by Articles of Incorporation for non- with all relevant provisions of Federal clicking on the Search Grants tab on this profit organizations & community- laws, executive orders, regulations, and site. based organization; attach under public policies governing financial All Applicants will be required to ‘‘Attachments Form’’—see next bullet) ✓ assistance awards. register with Grants.gov in order to Attachments Form (where you may Per 2 CFR part 200, applicants are begin the proposal submission process. place all your appendices, i.e., Letters required to: (1) Be registered in SAM We strongly suggest you initiate this of Partnership, Letters of Intent, prior to submitting an application; (2) process immediately to avoid processing Resumes, Articles of Incorporation, provide a valid unique entity identifier delays due to registration requirements. other supporting documents, etc.) in the application; and (3) continue to There is no cost for registration. This Do not include lengthy or maintain an active SAM registration website is managed by the Department unnecessary organizational documents with current information at all times of Health and Human Services, not the such as your organization’s business during which the organization has an OPPE. Many Federal agencies use this plans, Annual Reports, or full course or active Federal award or an application website to post Funding Opportunity training curriculums in your or plan under consideration by a Announcements (FOA). Click on the application. Excessively large

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documents in applications are activities. Formatting requirements for and ranchers that have applied to USDA cumbersome and increase downloading Project Narratives are 1-inch margins programs and services versus how many errors from Grants.gov and in and 12-point font, Number each page of were funded, etc. forwarding to the Panel members. the Project Narrative to indicate the total • In an organized format, create a Note, additional required forms from number of pages (i.e., 1 of 30, 2 of 30, timeline for each task to be organizations being awarded 2501 Grant etc.). To ensure fairness and uniformity accomplished during the period of funds will be provided for execution for all applicants, Project Narratives not performance timeframe. Relate each task upon grant approval if necessary. conforming to this stipulation may not to one of the five programmatic mission Below is further guidance, where be considered. areas in Section I, Part B. The timeline needed, for completing the required Project proposals should include a is part of the 30-page limit but can be forms, documents, and attachment well-conceived strategy for addressing as simple as a one-page description of forms listed above. the programmatic mission areas stated tasks. The timeline may be in a table SF–424, Application for Federal in Section I, Part B, Scope of Work. format and does not have to be double- Assistance: Complete all highlighted Organizations should state which spaced. areas on this form. Pay particular programmatic mission areas will be Attach your Project Narrative in PDF attention to block 18a of the SF–424. addressed. Additionally, proposals format to the Mandatory Project This is the total amount of Federal must: (1) Define and establish the Narrative form in your Grants.gov funding you are requesting under the existence of the needs of socially package. 2501 Program. This form is the official disadvantaged farmers or ranchers or SF–424A, Budget Information—Non- requesting document and the amount veteran farmers or ranchers, or both; (2) Construction Programs: Provide as that will be considered if you should identify the geographic area of service; much information as possible on the have any discrepancies between this and (3) discuss the potential impact of SF–424A, particularly for multi-year form and your Budget Information the project; (4) clearly state their 3-years projects. For example, on page 1 of SF– Form, SF–424A. Ensure this form is of experience in delivering agriculture 424A, line 1 across may indicate year completed with accuracy, particularly related services to socially one of your project, line 2 across may email addresses and phone numbers. disadvantaged or veteran farmers and indicate year two of your project, and The OPPE may not be able to reach you ranchers and provide documented line 3 across may indicate year three of if your information is incorrect. proof; and (5) clearly document how your project. On page 1A of SF–424A, Project/Performance Site Location(s): you plan to fulfill the requirement to columns 1 through 3 may represent each Complete all highlighted areas on this coordinate efforts in partnership with year of your project. All cost categories form. Add additional locations if your the OPPE and USDA’s SFAC to on page 1A of this form are considered project will be carried out at additional maximize outreach and training in your direct costs. Remember that your sites. service territory. indirect cost rate may not exceed the 10 Project Abstract Summary: A Project • Programmatic Capability: Project percent statutory limitation on indirect Abstract Summary is a concise summary proposals must: (1) identify the costs found in 7 U.S.C. 2279(l)(7). about your project. No points will be experience of the organization(s) and Budget Narrative (not to exceed 5 given or subtracted for the Project key personnel taking part in the project pages): The Budget Narrative is a Summary Page as it will be used only (past successes); (2) identify the names document that you create. It must be no for informational purposes. It may be of organizations that will be your more than five pages. It does NOT have used in its entirety or in part for media partners in the project if any; (3) to be double spaced. You may use purposes to include in press releases, identify the qualifications, relevant tables. While the Federal awarding informational emails to potential experience, education, and publications agency understands that your proposed stakeholders or partners, to provide of each Project Director or collaborator; budget is an estimation of costs, your upper echelons of government with a and (4) specifically address the work to Budget Narrative should be based on snapshot of an organization, and for be completed by key personnel and financial forecasting assumptions. The demographic purposes. Do not restate their roles and responsibilities within Budget Narrative should identify and the objectives of the 2501 Program (i.e., the scope of the proposed project. This describe the costs associated with the ‘‘to provide outreach and technical includes partnering scenarios whereas proposed project, including sub-awards assistance for socially disadvantaged each partners’ roles and responsibilities or contracts and indirect costs. These must be defined. costs should be very detailed and farmers and ranchers and veterans • farmers and ranchers’’); the Project Financial Management Experience: descriptive as to their purpose. Review Abstract Summary should reflect the Document a demonstrated ability to 2 CFR part 200 Subpart E—Uniform goal of your specific project. Limit your successfully manage and complete your Administrative Requirements, Cost Project Abstract Summary to 250 words project by including details of past Principles, and Audit Requirements for and include the following: successfully completed projects and Federal Awards to ensure your project • financial management experiences. is not planned with unallowable costs. Your organization’s name; • • Name of your project; Tracking and Measuring: Clearly Applicants may charge their negotiated • Three or four sentences describing document a detailed plan for tracking indirect cost rate or 10 percent, your project; and measuring project progress whichever is lower. Indirect cost rates • The primary populations/ including the results of the project in exceeding 10 percent will not be communities you serve; terms of achieving expected project permitted. Other funding sources may • The project’s geographic service outputs and outcomes as stated in also be identified in the Budget area (counties, state(s), etc.); and Section I, Part C, Performance Measures. Narrative. Each cost indicated must be • Project Director’s name, email This could include the tracking of the reasonable, allocable, necessary, and address, and telephone number. projected number of socially allowable under Federal Cost Principles Project Narrative (not to exceed 30 disadvantaged and/or veteran farmers (2 CFR part 200, subpart E—Cost double-spaced pages): The Project and ranchers assisted in comparison to Principles) in order to be funded. Narrative is a document that you create. the actual, number of socially • Cost categories, also called Object It must include a timeline of proposed disadvantaged and/or veteran farmers Class Categories, include costs for

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Personnel, Fringe Benefits, Travel, goods that further the work of the Special notes when creating your Equipment, Supplies, Contractual, project only. budget: Construction, and Other costs. • Include third party evaluation 1. 2501 Program funds may not be D Personnel costs: For each key staff contracts (if applicable) and contracts used for the planning, repair, person, provide the name (if known), with secondary recipient organizations. rehabilitation, acquisition, or title, time commitment to the project as Demonstrate that all procurement construction of a building or facility. a percentage of a full-time equivalent transactions will be conducted in a Program funds may not be used for start- (FTE), annual salary, and grant funded manner to provide, to the maximum up or financing costs for businesses or salary. You may refer to the prevailing extent practical, free, fair, and open for capacity building. Program funds wage rates established by the competition. Identify proposed sub- may not be used as small agricultural Department of Labor by occupation and contractor work and the cost of each loans for individual farmers or used to geographical area. Compensation for sub-contractor. Provide a detailed incentivize individuals to attend an personnel services (whether classified budget for each sub-contractor that is event. Large equipment purchases such as personnel, contractual services, or expected to perform work estimated to as vehicles, semi-tractors, or any other form) may not exceed the pro- be $30,000 or more, or 50% of the total refrigeration systems are also rated equivalent of Step III of the work effort, whichever is less. unallowable under this program. Executive Schedule for Federal • Identify each planned subcontractor 2. Costs must be deemed reasonable. Employees. and its total proposed budget. Each This includes salaries for key personnel D Costs of consultants, subgrants, or subcontractor’s budget and supporting which may not exceed the prevailing contractors should be included in the detail should be included as part of the wage rates established by the ‘‘Contractual’’ cost category. applicant’s budget narrative. Department of Labor by occupation and geographical area (see 2 CFR part 200 D Fringe Benefits: Provide a break- • Provide the following information .404 and Appendix II(D)). down of amounts and percentages that for each planned subcontract: A brief 3. Food for conferences may not comprise fringe benefit costs such as description of the work to be exceed $10 per person per meal, not to health insurance, FICA, retirement, etc. subcontracted; the number of quotes exceed two meals per day. Additionally, D Travel costs: Provide specifics on solicited and received, if applicable; the cattle for demonstration projects only, purpose of travel, number of travelers, cost or price analysis performed by the may not exceed $4,000, which includes destination, and estimates on costs for applicant; names and addresses of the any transportation costs, feed/feeding airfare, lodging, meals, car rentals, and subcontractors tentatively selected and lot, etc. Grant funds may NOT be used incidentals. The Federal Travel the basis for their selection; e.g., unique to pay attendees as an incentive for Regulations should be used as a guide. capabilities (for sole source participation in conferences nor be D Equipment: Any article of subcontracts), low bidder, delivery advertised as such. For a list of nonexpendable, tangible personal schedule, technical competence; type of unallowable costs, see 2 CFR part 200, property having a useful life of more contract and estimated cost and fee or subpart E. than one year and an acquisition costs profit; and, affiliation with the Attach your Budget Narrative in PDF which equals or exceeds the lesser of (a) applicant, if any. format to the Mandatory Budget the capitalization level established by • Include all Subawards under Narrative form in your Grants.gov the organization for financial statement Contractual Costs. Per 2 CFR part 200.1, package. purposes, or (b) $5,000. For each type of Subaward means an award provided by Key Contacts Form: Provide first, equipment requested, provide a a pass-through entity to a subrecipient middle, and last names of all key description of the equipment, the cost for the subrecipient to carry out part of personnel that will be working on the per unit, the number of units, the total a Federal award received by the pass- proposed project. All organizations cost, and a plan for use on the project, through entity. It does not include should submit at least a Project Director as well as use or disposal of the payments to a contractor or payments to or Manager and a Financial equipment after the project ends. The an individual that is a beneficiary of a Representative. Additional Key Contacts Recipient shall maintain an annual Federal program. A subaward may be Forms may be used as necessary. Ensure inventory, which will include a brief provided through any form of legal this form is completed with accuracy. description of the item, serial number, agreement, including an agreement that Individuals not listed on an applicants’ and amount of purchase for equipment the pass-through entity considers a Key Contacts Form will not receive purchased with grant funds, or received contract. information about or access to data that under a grant, and having a $5,000 or Subaward budgets: Roles and concerns the applicant organization. more per unit cost. The inventory must responsibilities must be defined to Attachments Form for Appendices: also identify the sub-award under which determine the level of involvement and Non-profit organizations must submit the equipment was purchased. efforts to increase training and outreach abbreviated Articles of Incorporation Maintenance and insurance will be the to socially disadvantaged farmers and (must have been established at least 3 responsibility of the Recipient. Title of ranchers. If applicable, identify each years prior to application submission). equipment will remain with the planned subawardee and its total All applicants should submit re´sume´s Recipient until closeout when proposed budget. Include a brief for key personnel; Letters of disposition will be provided in writing description of the work to be performed. Commitment; Letters of Intent, by OPPE within 120 days of submission D Other costs: Identify and describe in Partnership Agreements, or Memoranda of final reports. detail any other costs not identified in of Understanding with partner D Supplies: Specify general categories the above cost categories. Costs organizations; Letters of Support; of supplies and their costs. Show associated with an organization’s day- 501(c)(3) certification from the IRS (if computations and provide other to-day operations such as custodial applicable), or other supporting information which supports the amount workers would be an example of documentation which is encouraged but requested. ‘‘Other’’ costs. Provide an itemized list not required. Using this form in your D Contractual costs: Costs should with costs and state the basis for each Grants.gov application package, entail all contracts for services and proposed item. applicants can consolidate all

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supplemental materials into one the proposed subrecipient(s) by name; this solicitation. Dates, time, and phone attachment or attach appendices and verify that each subrecipient does numbers are provided on Page 1 of this documents individually. Do not include not have active exclusions in SAM and announcement. documents from other sections as an does not appear on the Suspension and 2. The OPPE will post questions and Appendix. Debarment List. answers relating to this funding DO NOT PASSWORD PROTECT ANY opportunity during its open period on F. Submission Dates and Times OF YOUR SUBMITTED DOCUMENTS the Frequently Asked Questions (FAQs) OR FORMS. Password protected The closing date and time for receipt section of our website: documents cannot be viewed by the of proposal submissions is August 25, www.partnerships.usda.gov/socially- OPPE or the Panel. 2021, at 11:59 p.m., EDT, via Grants.gov disadvantaged-farmers-and-ranchers. (www.grants.gov). Proposals received E. Sub-Awards and Partnerships Reviewing this section of our website after the submission deadline will be will likely save you valuable time. The Funding may be used to provide considered late without further OPPE will update the FAQs on a weekly subawards, which includes using consideration. Proposals must be basis and conduct teleconferences on an subawards to fund partnerships; submitted through Grants.gov without as-needed basis. however, the lead recipient must utilize exception. Additionally, organizations 3. Visit our website at: at least 50 percent of the total funds must also be registered in the System of www.partnerships.usda.gov/socially- awarded, and no more than three sub- Awards Management (SAM) at: disadvantaged-farmers-and-ranchers to awards will be permitted. Subawardees www.sam.gov. Creating an account for review the most recent Terms and and partners are generally responsible both websites can take several weeks to Conditions for administering our grants. for carrying out grant activities as receive account verification and/or PIN This version is subject to change upon assigned. All subawardees or partners numbers. Allow sufficient time to new program requirements. are subject to the requirements and complete access requirements for these 4. Applicants selected for funding responsibilities on the grant and must websites. Grants.gov supports many must inform their participants that be a nonprofit or institution of higher Federal granting agencies and their USDA, or any of its third-party education. This does not apply to applicants. Delaying the submission of representatives, may contact them for contractors as they support the grant your application until the last day could quality assurance. activities by providing goods and be result in your application not being services. All applicants, including the received on time due to issues V. Application Review Information lead or prime applicant if applying as a pertaining to a high volume of users, A. Evaluation Criteria coalition of nonprofits, are responsible system maintenance, issues with for ensuring that all sub-awardees registration, having a pending Only eligible entities whose proposals comply with applicable requirements registration because of a backlogged meet the threshold criteria in Section III for subawards and are subject to the system, and expired SAM.gov of this announcement will be reviewed Terms and Conditions of the Agreement, registrations. The proposal submission according to the evaluation criteria set if awarded. Applicants must provide deadline is firm. forth below. Applicants should documentation of a competitive bidding explicitly and fully address these process for services, contracts, and G. Confidential Information criteria as part of their proposal products, including consultants and In accordance with 2 CFR part 200, package. Each proposal will be contractors, and conduct cost and price the names of entities submitting evaluated under the regulations analyses to the extent required by proposals, as well as proposal contents established under 2 CFR part 200. applicable procurement regulations. and evaluations, will be kept The Panel will use a point system to The OPPE awards funds to one confidential to the extent permissible by rate each proposal, awarding a eligible applicant as the lead or prime law. Any information that the applicant maximum of 105 points for nonprofit award recipient. Indicate a lead or wishes to have considered as and community-based organizations (70 prime applicant as the responsible party confidential, privileged, or proprietary points, plus an additional 35 priority if other organizations are named as should be clearly marked as such in the points for secretarial priorities) and 100 partners or co-applicants or members of proposal. If an applicant chooses to points for all other applicants (70 a coalition or consortium. The lead or include confidential or proprietary points, plus an additional 30 prime award recipient will be held information in the proposal, it will be discretionary points for secretarial accountable to the OPPE for the proper kept confidential to the extent permitted priorities). Each proposal will be administrative requirements and by law. reviewed by at least two members of the expenditure of all funds. Panel. Panel members will review and Per OMB guidance, Federal awarding H. Pre-Submission Proposal Assistance score all submitted applications. The agencies are required to check the SAM 1. The OPPE may not assist individual Panel will numerically score and rank Exclusions list of persons and entities applicants by reviewing draft proposals each application. Funding decisions ineligible for Federal awards. This or providing advice on how to respond will be based on the Panel’s rank score. requirement flows down to Federal to evaluation criteria. However, the Final funding decisions will be made by Award recipients who are required to OPPE will respond to questions from the designated approving official and check SAM Exclusions for all individual applicants regarding are not appealable. subawards and contracts. Prime eligibility criteria, administrative issues Please be patient as processing all recipients must obtain prior written related to the submission of the submitted applications, vetting approval from the awarding agency for proposal, and requests for clarification organizations, proposal reviews, all proposed subawards, regardless of regarding the announcement. Any approval process, and agreement size, for all subawards not included in questions should be submitted to creation is a lengthy process. All the original proposal (see 2 CFR [email protected]. Additionally, the applicants will be notified electronically 200.308(c)(6)). For all subawards, prime OPPE will host public teleconferences of their application status when final recipients must confirm that they have to address questions and clarify selections have been made and will be conducted a risk-assessment of each of requirements during the open period of provided an opportunity for application

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feedback as provided within the correspondence.

EVALUATION CRITERIA FOR NEW GRANTS PROPOSALS

Criteria Points

1. Project Narrative (up to 30 points): Under this criterion, your proposal must address at least two of the five pro- Up to 30 of 60. grammatic mission areas identified in Section I, Part B, Scope of Work and will be evaluated to the extent to which the narrative includes a well-conceived strategy for addressing those requirements and objectives (see Section IV, Part D). Project Narrative, for additional information. Note that applicants may assist either socially disadvantaged farmers and ranchers, or veteran farmers and ranchers, or both groups in their proposal. There are no additional points for address- ing both of these groups. Conversely, there are no points deducted if your proposal addresses only one of these groups. Æ Nongovernmental and community-based organizations with a documented history working with socially disadvan- taged and/or veteran farmers or ranchers will automatically receive five (5) priority points (per the 2018 Farm Bill provision for priority status). In addition, the OPPE may award up to 30 priority points (six points for each bullet shown below) as follows: Up to 30 of 60. Æ Projects with a focus on socially disadvantaged and veteran • heirs’ property issues/resolutions; • financial literacy and business planning; • increased profitability of agricultural operations of through effective and proven marketing opportunities to in- crease access to capital and markets. Æ Projects that align with the implementation of Secretarial priorities to: • Increase land access, resolve heir’s property and other land title issues, advance education and career path- ways related to farming, ranching, forestry and agriculture, or increase access to credit; • Provide avenues for producers to be part of strengthening the food supply chain and building a food system that is fair, resilient, distributed, and equitable and that contributes to SDA and veteran producer’s ability to make a living, e.g., via more and better markets; • Promote the use of multiple USDA programs within USDA along with partnering and promoting assistance available outside of USDA (this includes state, local, tribal, and other Federal resources); and • Generate and maintain wealth in and for rural and tribal communities via local and regional business opportuni- ties and other rural development efforts designed to advance economic, social and health equity. Æ Projects that address climate change with climate smart ag and forestry solutions including, but not limited to: • Building resilience to climate change and increasing agricultural productivity; • efficient and renewable energy practices; and • soil, land, and water conservation practices that preserve natural and agricultural ecosystems. Æ Projects that focus on removing systemic barriers and increase equitable participation in USDA’s programs and services, especially projects located in rural communities and persistent poverty census tracts and/or counties; Æ Projects designed to access and create new and fair market opportunities to assist socially disadvantaged, veteran, beginning farmers and/or ranchers (including youth projects). 2. Programmatic Capability: Under this criterion, applicants will be evaluated based on their ability to successfully complete Up to 10. and manage the proposed project considering the applicant’s: Organizational experience, staff expertise and qualifica- tions, and the organization’s resources (see Section IV, Part D. Programmatic Capability). The organization must clearly document its historical successes and future plans to continue assisting socially disadvantaged and veteran farmers and ranchers. 3. Financial Management Experience: Under this criterion, applicants will be evaluated based on their demonstrated ability Up to 5. to successfully complete and manage the proposed project considering the applicants’ past performance in successfully completing and managing prior funding agreements (see Section IV, Part D, Financial Management Experience). Past performance documentation on successfully completed projects may be at the Federal, state, or local community level. Per 2 CFR part 200 .205, if an applicant is a prior recipient of Federal awards, their record in managing that award will be reviewed, including timeliness of compliance with applicable reporting requirements and adherence to the terms and conditions of previous Federal awards. 4. Tracking and Measuring: Under this criterion, the applicant’s proposal will be evaluated based upon clearly documenting Up to 15. a detailed plan for tracking and measuring their progress toward completing the expected project outputs (see Section I, Part C Outputs (Activities)). Applicants should indicate how they intend to clearly document the effectiveness of their project in achieving proposed thresholds or benchmarks in relation to stated goals and objectives (see Section I, Part C, 2, Outcomes (Results)). For example, state how your organization plans to connect socially disadvantaged or veteran farmers or ranchers with USDA agricultural programs. Specifically, how many new or existing farmers and ranchers were assisted in applying for USDA’s programs and services, versus the number of farmers and ranchers approved. Ap- plicants must clearly demonstrate how they will ensure timely and successful completion of the project with a reasonable time schedule for execution of the tasks associated with the project. This criterion should clearly address how you will quantify the tracking of your progress and measuring the success of your planned project (see Section I, Part C, 3, Per- formance Measures). 5. Budget: Under this criterion, your proposed project budget will be evaluated to determine whether costs are reasonable, Up to 10. allowable, allocable, and necessary to accomplish the proposed goals and objectives (see 2 CFR part 200 .404 and Ap- pendix II–D). The proposed budget must provide a detailed breakdown of the approximate funding used for each major activity (see Section IV, Part D. Budget Narrative). Additionally, indirect costs (10 percent maximum) must be appro- priately applied. For a list of unallowable costs, see 2 CFR part 200, subpart E.

C. Selection of Panel Members experience in assisting socially awareness of USDA’s programs and All eligible applications will be disadvantaged and veteran farmers and services in underserved communities, reviewed by the Panel. Panel members ranchers. This assistance includes, but outreach, technical assistance, are selected based upon training and is not limited to, bringing increased cooperative extension services, civil

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rights, education, statistical and B. Administrative and National Policy 1. Semi-annual Progress Reports and ethnographic data collection and Requirements Financial Reports will be required as analysis, and agricultural programs, and follows: are drawn from a diverse group of All awards resulting from this • Semi-annual Progress Reports. The experts, including applicant peers, to solicitation will be administered in recipient is required to provide a accordance with the Office of create a balanced panel. detailed narrative of project Management and Budget (OMB) performance and activities as described VI. Award Administration Information Uniform Administrative Requirements, in the award agreement. Semi-annual Cost Principles, and Audit A. Award Notices progress reports must be submitted to Requirements for Federal Awards the designated OPPE official via Proposal Notifications and Feedback codified at 2 CFR part 200, as ezFedGrants within 30 days after the supplemented by USDA implementing end of each reporting period. This 1. Successful applicants will be regulations at 2 CFR parts 400 and 415, includes, but is not limited to, activities notified by the OPPE via telephone, and the OPPE Federal Financial completed, events held, and the release email, and/or postal mail that its Assistance Programs—General Award of sign-in sheets with participants’ proposed project has been Administrative Procedures, 7 CFR part contact information. recommended for award. The 2500. In compliance with its obligations • Semi-annual Financial Reports. notification will be sent to the Project under Title VI of the Civil Rights Act of The recipient must submit SF 425, Manager listed on the SF–424, 1964 and Executive Order 13166, it is Federal Financial Report to the Application for Federal Assistance. the policy of the OPPE to provide timely designated OPPE official via Project Managers should be the and meaningful access for persons with ezFedGrants within 30 days after the Authorized Organizational Limited English Proficiency (LEP) to end of each reporting period. Representative (AOR) and authorized to projects, programs, and activities 2. Final Progress and Financial sign on behalf of the organization. It is administered by Federal grant Reports will be required upon project imperative that this individual is recipients. Recipient organizations must completion. The Final Progress Report responsive to notifications by the OPPE. comply with these obligations upon must include a summary of the project If the individual is no longer in the acceptance of grant agreements as or activity throughout the funding position, notify the OPPE immediately written in the OPPE’s Terms and period, achievements of the project or to submit the new contact for the Conditions. Following these guidelines activity, and a discussion of overall application by updating your is essential to the success of our mission successes and issues experienced in to improve access to USDA programs for organization’s Key Contacts form and conducting the project or project socially disadvantaged and veteran forwarding a re´sume´ of the new key activities. It should convey the impact farmers and ranchers. personnel. The grant agreement will be your project had on the communities forwarded to the recipient for execution C. Reporting Requirement you served and discuss the project’s and must be returned to the OPPE accomplishments in achieving expected Director, who is the authorizing official. Your approved statement of work, outcomes. This requirement includes, Once grant documents are executed by timeline, and budget are your guiding but is not limited to, the number of new all parties, authorization to begin work documents in carrying out the activities USDA applicants as a result of your will be given. At a minimum, this of your project and for your reporting award, the number of approved applicants for USDA programs and process can take up to 30 days from the requirements. Familiarize yourself with USDA’s grants management system services, increased awareness of USDA date of notification. called ezFedGrants: https:// programs and services, etc. 2. Within 10 days of award status www.nfc.usda.gov/FSS/ClientServices/ 3. The final Financial Report should notification, unsuccessful applicants ezFedGrants/. In accordance with 2 CFR consist of a complete SF–425 indicating may request feedback on their part 200, the following reporting the total costs of the project. Final application. Feedback will be provided requirements will apply to awards Progress and Financial Reports must be as expeditiously as possible. Feedback provided under this FOA. The OPPE submitted to the designated OPPE sessions will be scheduled contingent reserves the right to revise the schedule official via ezFedGrants within 120 days upon the number of requests and in and format of reporting requirements as after the completion of the award period accordance with 7 CFR 2500.026. necessary in the award agreement. as follows:

Report Performance period Due date Grace period

Form SF–425, Federal Financial 1 October thru 31 March; 1 April March 31; September 30 ...... 30 days until 30 April; 30 days Report & Performance Progress thru 30 September. until 30 October. Report (Due semi-annually).

Final Financial and Progress Re- 120 days after project completion ports. * Dates subject to change at the discretion of OPPE.

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Signed this 20th day of July 2021. 2022. Applications for the Renewable • Assisting Rural communities William Ashton, Energy Systems and Energy Efficiency recover economically from the impacts Acting Director, Office of Partnerships and Improvements (RES/EEI) grant program of the COVID–19 pandemic, particularly Public Engagement. must be submitted via www.grants.gov disadvantaged communities. [FR Doc. 2021–15702 Filed 7–23–21; 8:45 am] or to Rural Development offices by no • Ensuring all rural residents have BILLING CODE 3412–89–P later than 4:30 p.m. local time on equitable access to RD programs and October 31, 2021 to compete for 50 benefits from RD funded projects. percent FY22 set-aside funding and by • Reducing climate pollution and DEPARTMENT OF AGRICULTURE no later than 4:30 p.m. local time on increasing resilience to the impacts of March 31, 2022 to compete for climate change through economic Rural Business-Cooperative Service remaining FY22 RES/EEI grant funds. support to rural communities. [Docket No. RBS–21–BUSINESS–0024] RES/EEI and Energy Efficient I. Federal Award Information Equipment and Systems (EEE) Inviting Applications for the Rural guaranteed loan applications are Type of Award: Competitive grants Energy for America Program competed on an ongoing basis. See table and guaranteed loans. in Section IV.D. for details on REAP Total Funding: Approximately $50 AGENCY: Rural Business-Cooperative competitions. million mandatory funding. Service, USDA. Maximum Award: See Funding ACTION: Notice of Solicitation of ADDRESSES: You are encouraged to Restrictions in Section II of this notice. Applications. contact your USDA Rural Development Minimum Award: See Funding State Energy Coordinator well in Restrictions in Section II of this notice. SUMMARY: The Rural Business- advance of the application deadline to Project Period: Up to 24 months for Cooperative Service (the Agency) Notice discuss your project and ask any grants. Guaranteed loans are governed of Solicitation of Applications (NOSA) questions about the application process. by the loan terms. announces the acceptance of grant, Contact information for Energy Anticipated Award Date: Prior to guaranteed loan, and combined grant Coordinators can be found at https:// September 30, 2022. and guaranteed loan applications under rd.usda.gov/files/RBS_StateEnergy the Rural Energy for America Program Coordinators.pdf. II. Available Funds Information (REAP). The REAP program helps Program guidance and application Program Level Funds. This notice is agricultural producers and rural small forms may be obtained at https:// announcing deadline times and dates businesses reduce energy costs and rd.usda.gov/programs-services/all- for applications to be submitted for consumption and helps meet the programs/energy-programs. To submit REAP funds that may be received from Nation’s critical energy needs. an electronic application via grants.gov, the congressional enactment of a full- Applications for REAP may be follow the instructions for the REAP year appropriation for FY22. The submitted at any time throughout the funding announcement located at Agency will continue to process year. This notice announces the https://www.grants.gov. applications received under this deadlines, dates, and times that FOR FURTHER INFORMATION CONTACT: Deb announcement and should REAP applications must be received in order Yocum, Program Management Division, receive appropriated funds, these funds to be considered for federal Fiscal Year Rural Business-Cooperative Service, will be announced on the following (FY) 2022 REAP funds. The NOSA is United States Department of websites: https://rd.usda.gov/programs- being issued prior to passage of a final Agriculture, 2920 East Court Street, services/rural-energy-america-program- appropriations act for FY22 to allow Suite 3, Beatrice, NE 68310, 402–499– renewable-energy-systems-energy- potential applicants time to submit 1198 or email [email protected]. efficiency and https://rd.usda.gov/ applications for financial assistance SUPPLEMENTARY INFORMATION: programs-services/rural-energy-america- under the program and to give the program-energy-audit-renewable- Agency time to process applications Overview energy-development-assistance. within the current FY. The Federal Agency: Rural Business- Expenses incurred in developing administrative requirements in effect at Cooperative Service. applications will be at the applicant’s the time the application window closes Funding Opportunity Title: Rural risk. for a competition will be applicable to Energy for America Program. Types of Funding and Allocations. each type of funding available under Announcement Type: Initial notice. REAP has two types of funding REAP. All REAP applications competing Catalog of Federal Domestic assistance: (1) Renewable Energy for FY22 funding will be scored Assistance (CFDA) Number: 10.868. Systems, Energy Efficiency according to the scoring criteria listed in Type of Instrument: Grant, guaranteed Improvements (RES/EEI) and Energy the final REAP rule. Applicants who loan, and grant and guaranteed loan Efficient Equipment and Systems (EEE) have already filed REAP applications for combined funding. and (2) Energy Audit and Renewable FY22 will be allowed to provide Approximate Number of Awards: The Energy Development Assistance (EA/ additional information if necessary for estimated number of awards is 1,000 REDA). The RES/EEI provides grants application scoring; the modification based on the historical average grant and guaranteed loans to agricultural will not be treated as a new application size and the anticipated mandatory producers and rural small businesses for nor will it alter the submission date of funding of $50 million for the FY. The the purchase and installation of record. number of awards will depend on the renewable energy systems and to make DATES: Applications for the Energy actual amount of funds made available energy efficiency improvements. The Audit and Renewable Energy and on the number of eligible applicants EEE provides guaranteed loans only to Development Assistance (EA/REDA) participating in this program. agricultural producers to purchase and grant program must be submitted via Administrator: The Agency install energy efficient equipment and www.grants.gov or to Rural encourages applicants to consider systems for agricultural production and Development offices by no later than projects that will advance the following processing. The EA/REDA is available to 4:30 p.m. local time on January 31, key priorities: a unit of State, Tribal, or local

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government; instrumentality of a State, available to the program. Applications (2) For RES grants, the minimum Tribal, or local government; institution will be reviewed and processed when grant is $2,500 and the maximum is of higher education; rural electric received. Those applications that meet $500,000. For EEI grants, the minimum cooperative; a public power entity; or a the Agency’s underwriting requirements grant is $1,500 and the maximum grant council, as defined under the Resource and are credit worthy will compete in is $250,000. These minimum and Conservation and Development program national competitions for guaranteed maximum limits also apply to the grant at 16 U.S.C. 3451. The grantee will loan funds periodically. If funds remain portion of a combined funding request. establish a program to assist agricultural after the final guaranteed loan-only (3) For RES/EEI/EEE loan guarantees producers and rural small businesses national competition, the Agency may or the loan guarantee portion of a with evaluating energy efficiency or the elect to utilize budget authority to fund combined funding request, the potential to incorporate renewable additional grant-only applications. For minimum REAP guaranteed loan energy technologies into their FY22, the guarantee fee rates, the annual amount is $5,000 and the maximum operations. The following outlines the renewal fee, the maximum percentage of amount of a guaranteed loan to be types of REAP funding available and a guarantee and the maximum portion of provided to a borrower is $25 million. summary of how funds are allocated: guarantee authority available for a Guaranteed loan requests will not A. RES/EEI grant funds. reduced guarantee fee will be published exceed 75 percent of total eligible (1) To ensure that small projects have in a separate notice. Obligation of project costs, with any Federal grant a fair opportunity to compete for the guaranteed loan funds will take place portion, as applicable, not to exceed 25 funding and consistent with the through September 30. percent of total eligible project costs. priorities set forth in the 7 U.S.C. 8107, C. RES/EEI combined grant and B. EA/REDA applications. the Agency will set-aside not less than guaranteed loan funds. Funding (1) Applicants may submit only one 20 percent of the FY funds until June availability for combined grant and EA grant application and one REDA 30, 2022 to fund grants of $20,000 or guaranteed loan applications is outlined grant application in a FY. Separate less. Each Rural Development State in Section II paragraphs A and B of this applications must be submitted for EA Office will receive a set-aside allocation notice. Combination funding requests funding and REDA funding. If an of funds for grant requests of $20,000 or are scored using RES/EEI grant scoring application is submitted for both EA less, which includes combination grant criteria. If the combined application is and REDA funding or if an application’s and guaranteed loan requests where the ranked high enough to receive state grant amount requested is $20,000 or scope of work includes both EA and allocated grant funds, the state will less. Complete grant applications REDA activities, it will be determined request funding for the guaranteed loan requesting $20,000 or less, including the ineligible for competition. The portion of the request from the National grant portion of a combined grant and maximum aggregate amount of EA and Office guaranteed loan reserve and no guaranteed loan request, received by REDA grant awards to any one recipient further competition will be required. If October 31, 2021 will compete for cannot exceed $100,000 in a FY. not funded by the state allocation of approximately 50 percent of the state’s (2) Applicants that have received one funds, combined grant and guaranteed set-aside allocation, and those received or more grants under this program must loan applications may be submitted to by March 31, 2022 will compete for the have made satisfactory progress per 7 the National Office to compete in the second 50 percent (approximately) of CFR 4280.110(a) before being the state’s set-aside allocation. Any appropriate National Office considered for funding. unobligated balance of funds remaining competition. Obligation of these funds (3) The Agriculture Improvement Act in state set-aside accounts will be will take place through September 30, of 2018, Public Law 115–334 (The 2018 pooled to the National Office for a 2022. Farm Bill) mandates that the recipient of national set-aside competition. D. EA/REDA grant funds. The amount an EA grant must require the Obligation of set-aside grant funds will of funds available for EA/REDA will be agricultural producer or rural small take place through June 30, 2022. 4 percent of FY mandatory funds and business receiving the energy audit to (2) Each Rural Development State funds will be maintained in a National pay at least 25 percent of the cost of the Office will also receive an unrestricted Office reserve. Applications will energy audit, which shall be retained by allocation of grant funds that can be compete in one national competition. the grantee for the cost of the audit. After that date, any unobligated used to fund any RES/EEI grant III. Eligibility Information application regardless of the amount of balances will be moved to the renewable grant requested, including the grant energy budget authority account and The eligibility requirements for the portion of a combination grant and may be utilized in any of the RES/EEI applicant, borrower, lender, and project guaranteed loan request, that is received national grant competitions. Obligations (as applicable) are clarified in 7 CFR by March 31, 2022. Any unobligated of EA/REDA funds will take place 4280 subpart B and in 7 CFR 5001 and balance of funds remaining in state through March 31, 2022. are summarized in this notice. Failure to unrestricted accounts will be pooled to Funding Restrictions. The following meet the eligibility criteria by the time the National Office for a national funding limitations apply to of the competition window will competition of funds. Obligation of applications submitted under this preclude the application from unrestricted grant funds will take place notice. competing until all eligibility criteria through September 30, 2022. A. RES/EEI/EEE applications. have been met. B. RES/EEI and EEE loan guarantee (1) Applicants can compete and be A. Eligible Applicants. Grant funds. Rural Development’s National awarded only one RES grant and one applicants must meet the requirements Office will maintain a reserve of EEI grant in a FY, which includes the specified in 7 CFR 4280.110. An guaranteed loan funds to fund grant portion of a combined funding applicant must also meet the guaranteed loan only requests or the request. The Federal grant portion requirements specified at: 7 CFR loan portion of a combined funding cannot exceed 25 percent of total 4280.112 for RES/EEI grant; 7 CFR request. EEE guaranteed loans for eligible project costs. The maximum 4280.137 for RES/EEI combined grant agricultural production and processing amount of grant assistance to an entity and guarantee; and 7 CFR 4280.149 for shall not exceed 15 percent of the funds will not exceed $750,000 in a FY. EA/REDA grant.

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B. Eligible Borrowers and Lenders. To produce, procure, supply or market any technical evaluation, as applicable, in be eligible for the guaranteed loan component of the hemp plant or hemp order to be considered. Applicants who portion of the program, borrowers must related by-products, or provide have already filed REAP applications for meet the eligibility requirements in 7 technical assistance related to such FY22 will be allowed to provide CFR 5001.126 and lenders must meet products, must have a valid license from additional information necessary for the eligibility requirements in 7 CFR an approved State, Tribal or Federal application scoring, and the 5001.130. plan pursuant to Section 10113 of the modification will not be treated as a C. Eligible Projects. To be eligible for 2018 Farm Bill, be in compliance with new application nor will it alter the the program a project must meet the regulations published by the submission date of record as noted in 7 eligibility requirements specified in: 7 Agricultural Marketing Service at 7 CFR CFR 4280.110(d). CFR 4280.113 for RES/EEI grant; 7 CFR 990, and meet any applicable FDA and C. Submission. Applicants must 4280.150 for EA/REDA grant; 7 CFR DEA regulatory requirements. 4280.137 for RES/EEI combined grant submit one original, hardcopy or Verification of valid hemp licenses will electronic application to the appropriate and guarantee; and 7 CFR 5001.106 occur prior to award. In addition, all through § 5001.108, as applicable, for Rural Development Energy Coordinator projects proposing to use biomass for the State where the applicant’s RES/EEI/EEE loan guarantees. feedstock from any part of the hemp proposed project will be located, or for D. Other. plant must demonstrate assurance of an grant applications submission may be (1) Ineligible project costs are defined adequate supply of the feedstock. via www.grants.gov. A list of USDA at: 7 CFR 4280.115(d) for RES/EEI grant Given the absence of Federal and combined grant and guaranteed Rural Development Energy Coordinators oversight or regulations governing the loans; 7 CFR 4280.152(c) for EA/REDA is available via the following link: 2014 Farm Bill pilot program, Rural grant; and 7 CFR 5001.122 for RES/EEI/ https://www.rd.usda.gov/files/RBS_ Development will not award funds to EEE loan guarantees. StateEnergyCoordinators.pdf. (2) Other compliance requirements. any project proposing to produce, procure, supply or market any D. Submission Dates and Times. The U.S. Department of Agriculture Grant applications, guaranteed loan- Departmental Regulations and Laws that component of the hemp plant or hemp related by-products, or provide only applications, and combined grant contain other compliance requirements and guaranteed loan applications for are referenced in paragraphs IV.E of this technical assistance related to such products, produced under 2014 Farm financial assistance may be submitted at notice. Applicants who have been found any time on an ongoing basis. to be in violation of applicable Federal Bill authority. Application competition deadlines are statutes will be ineligible. IV. Application Submission outlined in 7 CFR 4280.122 for RES/EEI (3) Hemp production. The Agriculture Information Improvement Act of 2018, Public Law grants and 7 CFR 4280.156 for EA/REDA 115–334, (the 2018 Farm Bill) required A. Address to Request Application grants and competition deadlines are USDA to promulgate regulations and Package. Application materials may be summarized in the table below. RES/ guidelines to establish and administer a obtained by contacting the Rural EEI/EEE guaranteed loans will be program for the production of hemp in Development Energy Coordinator for the reviewed and processed when received the United States. Prior to the 2018 state where the proposed project will be for periodic competitions. In order to be Farm Bill, state departments of located, as identified via the following considered for funds under this notice, agriculture and institutions of higher link: https://www.rd.usda.gov/files/ complete applications must be received _ learning were permitted to produce RBS StateEnergyCoordinators.pdf. In by the appropriate USDA Rural hemp as part of a pilot program for addition, for grant applications, Development State Office Energy research purposes pursuant to the applicants may obtain electronic grant Coordinator or via www.grants.gov by Agricultural Act of 2014, Public Law applications for REAP from 4:30 p.m. local time on the competition 113–79, (the 2014 Farm Bill). The 2018 www.grants.gov. deadline. The complete application date Farm Bill extended this 2014 Farm Bill B. Content and Form of Application is the date the Agency receives the last pilot program authority until October Submission. Applicants seeking to piece of information that allows the 31, 2020 and further extension was participate in this program must submit Agency to determine eligibility and to granted until January 1, 2022, by the applications in accordance with this score, rank, and compete the application Continuing Appropriations Act, 2021, notice, 7 CFR 4280, subpart B and 7 CFR for funding. When an application and Other Extensions Act (Pub. L. 116– 5001, as applicable. Applicants must window closes, the next application 260) (2021 Continuing Appropriations submit complete applications by the window opens on the following day. An Act). dates identified in Section IV.D., of this application received after the In determining eligibility for the notice, containing all parts necessary for competition date will be considered applicant, project or use of funds, any the Agency to determine applicant and with other complete applications project applying for funding under the project eligibility, to score the received in the next application REAP program and proposing to application, and to conduct the window.

Application window Application window closing dates/ Application opening dates competition deadlines

EA/REDA ...... February 2, 2021 ..... January 31, 2022.* RES/EEI—$20,000 or less set-aside. Grant only request or a combination grant and guaranteed April 1, 2021 ...... October 31, 2021. loan where the grant request is $20,000 or less, competing for up to approximately 50 percent of state set-aside funds. RES/EEI—$20,000 or less set-aside. Grant only request or a combination grant and guaranteed November 1, 2021 ... March 31, 2022.* loan where the grant request is $20,000 or less competing for the remaining state set-aside funds.

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Application window Application window closing dates/ Application opening dates competition deadlines

RES/EEI—Unrestricted grants. Grant only request or a combination grant and guaranteed loan re- April 1, 2021 ...... March 31, 2022.* gardless of the amount of grant request. RES/EEI/EEE Guaranteed Loans ...... Continuous applica- Continuous applica- tion cycle. tion cycle. * Applications received after this date will be considered for the next funding cycle in the subsequent FY.

E. Other Submission Requirements. compete within the FY is outlined in 7 To file a program discrimination The following are applicable for all CFR 4280.122 for RES/EEI grants, 7 CFR complaint, complete the USDA Program REAP applications: 4280.156 for EA/REDA grants, and 7 Discrimination Complaint Form, AD– (1) Environmental information. For CFR 5001.315 for guaranteed loans. If 3027, found online at https:// the Agency to consider an application, the application remains unfunded after www.usda.gov/oascr/how-to-file-a- the application must address all the final National Office competition for program-discrimination-complaint and environmental considerations specific the FY it must be withdrawn. at any USDA office, or write a letter to the project in accordance with 7 CFR C. Notification of funding addressed to USDA and provide in the 1970 and provide supporting determination. As per 7 CFR letter all of the information requested in documentation as necessary. An 4280.111(c) and 7 CFR 5001.315(b)(2), the form. To request a copy of the environmental review must be all applicants will be informed in complaint form, call (866) 632–9992. completed prior to approval of the writing by the Agency as to the funding Submit your completed form or letter to application and obligation of funds. determination of the application. USDA by: Applicants are advised to contact the (1) Mail: U.S. Department of Agency as soon as possible and prior to VI. Other Information Agriculture, Office of the Assistant commissioning a project to determine A. Paperwork Reduction Act. In Secretary for Civil Rights, 1400 environmental requirements and ensure accordance with the Paperwork Independence Avenue SW, Washington, adequate review time. Reduction Act of 1995, the information DC 20250–9410; or (2) Transparency Act Reporting. All collection requirements associated with (2) Email: [email protected]. recipients of Federal financial assistance the programs, as covered in this notice, USDA is an equal opportunity are required to report information about have been approved by the Office of provider, employer, and lender. first-tier sub-awards and executive Management and Budget (OMB) under Mark Brodziski, compensation in accordance with 2 CFR OMB Control Number 0570–0067. 170. If an applicant does not have an Acting Administrator, Rural Business- Cooperative Service. exception under 2 CFR 170.110(b), the B. Nondiscrimination Statement. In applicant must then ensure that they accordance with Federal civil rights law [FR Doc. 2021–15785 Filed 7–23–21; 8:45 am] have the necessary processes and and U.S. Department of Agriculture BILLING CODE 3410–XY–P systems in place to comply with the (USDA) civil rights regulations and reporting requirements to receive policies, the USDA, its Agencies, funding. offices, and employees, and institutions DEPARTMENT OF COMMERCE (3) Race, ethnicity, and gender. The participating in or administering USDA Agency is requesting that each applicant programs are prohibited from Economic Development Administration discriminating based on race, color, provide race, ethnicity, and gender Notice of Petitions by Firms for information about the applicant. The national origin, religion, sex, gender identity (including gender expression), Determination of Eligibility To Apply information will allow the Agency to for Trade Adjustment Assistance evaluate its outreach efforts to under- sexual orientation, disability, age, served and under-represented marital status, family/parental status, AGENCY: Economic Development populations. Applicants are encouraged income derived from a public assistance Administration, Department of to furnish this information with their program, political beliefs, or reprisal or Commerce. retaliation for prior civil rights activity, application but are not required to do ACTION: Notice and opportunity for in any program or activity conducted or so. An applicant’s eligibility or the public comment. likelihood of receiving an award will funded by USDA (not all bases apply to not be impacted by furnishing or not all programs). Remedies and complaint SUMMARY: The Economic Development furnishing this information. filing deadlines vary by program or Administration (EDA) has received incident. petitions for certification of eligibility to V. Application Review Information Persons with disabilities who require apply for Trade Adjustment Assistance A. Scoring. All complete applications alternative means of communication for from the firms listed below. will be scored in accordance with the program information (e.g., Braille, large Accordingly, EDA has initiated following: 7 CFR 4280.121 for RES/EEI print, audiotape, American Sign investigations to determine whether grants and RES/EEI combined grant and Language, etc.) should contact the increased imports into the United States loan guarantee requests; 7 CFR 4280.155 responsible Agency or USDA’s TARGET of articles like or directly competitive for EA/REDA grants; and 7 CFR Center at (202) 720–2600 (voice and with those produced by each of the 5001.319 for RES/EEI/EEE guaranteed TTY) or contact USDA through the firms contributed importantly to the loans. Federal Relay Service at (800) 877–8339. total or partial separation of the firms’ B. Competitions. The maximum Additionally, program information may workers, or threat thereof, and to a number of competitions a complete and be made available in languages other decrease in sales or production of each eligible application will be able to than English. petitioning firm.

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SUPPLEMENTARY INFORMATION:

LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE [6/25/2021 through 7/8/2021]

Date Firm name Firm address accepted for Product(s) investigation

Superior Tool Service, Inc ...... 722 East Zimmerly Street, Wichita, KS 6/25/2021 The firm manufactures cutting tools for 67211. metal working and drill bits. Kryton Engineered Metals, Inc ...... 7314 Chancellor Drive, Cedar Falls, IA 6/30/2021 The firm manufactures miscellaneous 50613. metal parts. R&R Holdings, Inc. d/b/a R&R Aero- 2615 West Esthner Court, Wichita, KS 7/6/2021 The firm manufactures aerospace parts space. 67213. and assemblies. The EDM Department, Inc. d/b/a EDM 1261 Humbracht Circle, Bartlett, IL 7/6/2021 The firm manufactures miscellaneous Intelligent Solutions. 60103. metal parts. NanoLumens, Inc ...... 5390 Triangle Parkway, Peachtree Cor- 7/7/2021 The firm manufactures digital display ners, GA 30092. screens.

Any party having a substantial International Trade Administration, responses to these requests on July 8 interest in these proceedings may U.S. Department of Commerce, 1401 and 14, 2021.3 request a public hearing on the matter. Constitution Avenue NW, Washington, In accordance with section 702(b)(1) A written request for a hearing must be DC 20230; telephone: (202) 482–4793, of the Tariff Act of 1930, as amended submitted to the Trade Adjustment (202) 482–3315, and (202) 482–3609, (the Act), the petitioner alleges that the Assistance Division, Room 71030, respectively. Government of Russia (GOR) and the Economic Development Administration, Government of Trinidad and Tobago SUPPLEMENTARY INFORMATION: U.S. Department of Commerce, (GOTT) are providing countervailable Washington, DC 20230, no later than ten The Petitions subsidies, within the meaning of (10) calendar days following publication sections 701 and 771(5) of the Act, to On June 30, 2021, the U.S. of this notice. These petitions are producers of UAN in Russia and Department of Commerce (Commerce) received pursuant to section 251 of the Trinidad and Tobago, and that such received countervailing duty (CVD) Trade Act of 1974, as amended. imports are materially injuring, or petitions concerning imports of urea Please follow the requirements set threatening material injury to, the ammonium nitrate solutions (UAN) forth in EDA’s regulations at 13 CFR domestic industry producing UAN in from the Russian Federation (Russia) 315.8 for procedures to request a public the United States. Consistent with and the Republic of Trinidad and hearing. The Catalog of Federal section 702(b)(1) of the Act and 19 CFR Tobago (Trinidad and Tobago), filed in Domestic Assistance official number 351.202(b), for those alleged programs proper form on behalf of CF Industries and title for the program under which on which we are initiating CVD Nitrogen, LLC and its subsidiaries, Terra these petitions are submitted is 11.313, investigations, the Petitions were Nitrogen, Limited Partnership and Terra Trade Adjustment Assistance for Firms. accompanied by information reasonably International (Oklahoma) LLC available to the petitioner supporting its Bryan Borlik, (collectively, the petitioner), a domestic allegations. Director. producer of UAN.1 Commerce finds that the petitioner [FR Doc. 2021–15876 Filed 7–23–21; 8:45 am] On July 6 and 13, 2021, Commerce filed the Petitions on behalf of the BILLING CODE 3510–WH–P requested supplemental information domestic industry because the pertaining to certain aspects of the petitioner is an interested party, as Petitions.2 The petitioner filed DEPARTMENT OF COMMERCE defined in section 771(9)(C) of the Act. Commerce also finds that the petitioner 1 See Petitioner’s Letter, ‘‘Petitions for the International Trade Administration Imposition of Antidumping and Countervailing demonstrated sufficient industry [C–821–832, C–274–809] Duties: Urea Ammonium Nitrate Solutions from the Russian Federation and the Republic of Trinidad 3 See Petitioner’s Letters, ‘‘Petitions for the and Tobago,’’ dated June 30, 2021 (the Petitions). Imposition of Antidumping and Countervailing Urea Ammonium Nitrate Solutions 2 See Commerce’s Letters, ‘‘Petition for the Duties on Imports of Urea Ammonium Nitrate From the Russian Federation and the Imposition of Countervailing Duties on Imports of Solutions from Russia and Trinidad and Tobago: Republic of Trinidad and Tobago: Urea Ammonium Nitrate Solutions from Russia: Petitioner’s Response to the Department’s General Initiation of Countervailing Duty Supplemental Questions,’’ dated July 6, 2021 Issues Questionnaire,’’ dated July 8, 2021 (General (General Issues Questionnaire Russia); ‘‘Petition for Issues Supplement); ‘‘Petition for the Imposition of Investigations the Imposition of Countervailing Duties on Imports Countervailing Duties on Imports of Urea of Urea Ammonium Nitrate Solutions from Russia: Ammonium Nitrate Solutions from Russia: AGENCY: Enforcement and Compliance, Supplemental Questions,’’ dated July 6, 2021; Response to the Department’s Supplemental International Trade Administration, ‘‘Petition for the Imposition of Countervailing Questions,’’ dated July 8, 2021; ‘‘Petition for the Department of Commerce. Duties on Imports of Urea Ammonium Nitrate Imposition of Countervailing Duties on Imports of Solutions from Trinidad and Tobago: Supplemental Urea Ammonium Nitrate Solutions from the DATES : Applicable July 20, 2021. Questions,’’ dated July 6, 2021 (General Issues Republic of Trinidad and Tobago: Petitioner’s FOR FURTHER INFORMATION CONTACT: Questionnaire Trinidad and Tobago); and ‘‘Petition Response to the Department’s Supplemental Kristen Johnson and John Hoffner for the Imposition of Countervailing Duties on Questions,’’ dated July 8, 2021; and ‘‘Petition for the Imports of Urea Ammonium Nitrate Solutions from Imposition of Countervailing Duties on Imports of (Russia) or Ariela Garvett (Trinidad and Russia: Supplemental Questionnaire on the Urea Ammonium Nitrate Solutions from Russia: Tobago), AD/CVD Operations, Offices III Provision of Phosphate Mining Rights for Less Than Petitioner’s Response to the Department’s Second and IV, Enforcement and Compliance, Adequate Remuneration,’’ dated July 13, 2021. Supplemental Questionnaire’’ dated July 14, 2021.

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support with respect to the initiation of investigations be submitted during this Determination of Industry Support for the requested CVD investigations.4 time period. However, if a party the Petitions Periods of Investigation subsequently finds that additional Section 702(b)(1) of the Act requires factual information pertaining to the that a petition be filed on behalf of the Because the Petitions were filed on scope of the investigations may be domestic industry. Section 702(c)(4)(A) June 30, 2021, the periods of relevant, the party may contact of the Act provides that a petition meets investigation (POI) are January 1, 2020, Commerce and request permission to this requirement if the domestic through December 31, 2020.5 submit the additional information. All producers or workers who support the Scope of the Investigations such comments must be filed on the petition account for: (i) At least 25 The merchandise covered by these record of the concurrent antidumping percent of the total production of the investigations are UAN from Russia and (AD) investigations. domestic like product; and (ii) more than 50 percent of the production of the Trinidad and Tobago. For a full Filing Requirements description of the scope of these domestic like product produced by that portion of the industry expressing investigations, see the Appendix to this All submissions to Commerce must be notice. support for, or opposition to, the filed electronically using Enforcement petition. Moreover, section 702(c)(4)(D) Comments on Scope of the and Compliance’s Antidumping Duty of the Act provides that, if the petition Investigations and Countervailing Duty Centralized does not establish support of domestic Electronic Service System (ACCESS), producers or workers accounting for On July 6, 2021, Commerce requested 11 further information and clarification unless an exception applies. An more than 50 percent of the total from the petitioner regarding the electronically filed document must be production of the domestic like product, proposed scope to ensure that the scope received successfully in its entirety by Commerce shall: (i) Poll the industry or language in the Petitions is an accurate the time and date it is due. Note that rely on other information in order to reflection of the products for which the Commerce has temporarily modified determine if there is support for the domestic industry is seeking relief.6 On certain of its requirements for serving petition, as required by subparagraph July 8, 2021, the petitioner revised the documents containing business (A); or (ii) determine industry support scope.7 The description of merchandise proprietary information, until further using a statistically valid sampling covered by these investigations, as notice.12 method to poll the ‘‘industry.’’ described in the appendix to this notice, Section 771(4)(A) of the Act defines reflects these clarifications. Consultations the ‘‘industry’’ as the producers as a whole of a domestic like product. Thus, As discussed in the Preamble to Pursuant to sections 702(b)(4)(A)(i) Commerce’s regulations, we are setting to determine whether a petition has the and (ii) of the Act, Commerce notified aside a period for interested parties to requisite industry support, the statute the GOR and the GOTT of the receipt of raise issues regarding product coverage directs Commerce to look to producers (i.e., scope).8 Commerce will consider the Petitions and provided it the and workers who produce the domestic all comments received from interested opportunity for consultations with like product. The International Trade 13 parties and, if necessary, will consult respect to the Petitions. Commerce Commission (ITC), which is responsible with interested parties prior to the held consultations with the GOR and for determining whether ‘‘the domestic issuance of the preliminary the GOTT on July 12, 2021, and July 14, industry’’ has been injured, must also determinations. If scope comments 2021, respectively.14 determine what constitutes a domestic include factual information,9 all such like product in order to define the factual information should be limited to 11 See Antidumping and Countervailing Duty industry. While both Commerce and the public information. To facilitate Proceedings: Electronic Filing Procedures; ITC must apply the same statutory preparation of its questionnaires, Administrative Protective Order Procedures, 76 FR definition regarding the domestic like 39263 (July 6, 2011); see also Enforcement and 15 Commerce requests that all interested Compliance; Change of Electronic Filing System product, they do so for different parties submit scope comments by 5:00 Name, 79 FR 69046 (November 20, 2014) for details purposes and pursuant to a separate and p.m. Eastern Time (ET) on August 9, of Commerce’s electronic filing requirements, distinct authority. In addition, 2021, which is 20 calendar days from effective August 5, 2011. Information on using Commerce’s determination is subject to the signature date of this notice. Any ACCESS can be found at https://access.trade.gov/ limitations of time and information. help.aspx and a handbook can be found at https:// rebuttal comments, which may include access.trade.gov/help/Handbook%20on Although this may result in different factual information, must be filed by %20Electronic%20Filling%20Procedures.pdf. definitions of the like product, such 5:00 p.m. ET on August 19, 2021, which 12 See Temporary Rule Modifying AD/CVD differences do not render the decision of is ten calendar days from the initial Service Requirements Due to COVID–19; Extension either agency contrary to law.16 comment deadline.10 of Effective Period, 85 FR 41363 (July 10, 2020). Section 771(10) of the Act defines the Commerce requests that any factual 13 See Commerce’s Letter, ‘‘Countervailing Duty domestic like product as ‘‘a product information the parties consider Petition on Urea Ammonium Nitrate Solutions which is like, or in the absence of like, relevant to the scope of the (UAN) from the Russian Federation: Invitation for Consultations,’’ dated June 30, 2021; and most similar in characteristics and uses Commerce’s Letter, ‘‘Countervailing Duty Petition with, the article subject to an 4 See ‘‘Determination of Industry Support for the on Urea Ammonium Nitrate Solutions (UAN) from investigation under this title.’’ Thus, the Petitions’’ section, infra. the Republic of Trinidad and Tobago: Invitation for reference point from which the 5 See 19 CFR 351.204(b)(2). Consultations,’’ dated June 30, 2021. domestic like product analysis begins is 6 See General Issues Questionnaire Russia at 3; 14 See Memoranda, ‘‘Countervailing Duty Petition ‘‘the article subject to an investigation’’ see also General Issues Questionnaire Trinidad and on Urea Ammonium Nitrate Solutions from the Tobago at 3. Russian Federation: Consultations with Officials (i.e., the class or kind of merchandise to 7 See General Issues Supplement at I–1 and I–2. from the Government of Russia,’’ dated July 13, 8 See Countervailing Duties, 62 FR 27323 (May 2021; and ‘‘Countervailing Duty Petition on Urea 15 See section 771(10) of the Act. 19, 1997) (Preamble). Ammonium Nitrate Solutions from the Republic of 16 See USEC, Inc. v. United States, 132 F. Supp. 9 See 19 CFR 351.102(b)(21) (defining ‘‘factual Trinidad and Tobago: Consultations with Officials 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. information’’). from the Government of Trinidad and Tobago,’’ v. United States, 688 F. Supp. 639, 644 (CIT 1988), 10 See 19 CFR 351.303(b). dated July 14, 2021. aff’d 865 F. 2d 240 (Fed. Cir. 1989)).

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be investigated, which normally will be Our review of the data provided in the negligibility threshold provided for the scope as defined in the petition). Petitions, the General Issues under section 771(24)(A) of the Act.29 With regard to the domestic like Supplement, and other information The petitioner contends that the product, the petitioner does not offer a readily available to Commerce indicates industry’s injured condition is definition of the domestic like product that the petitioner has established illustrated by a significant and distinct from the scope of the industry support for the Petitions.24 increasing volume of subject imports; investigations.17 Based on our analysis First, the Petitions established support impacts on market share; underselling of the information submitted on the from domestic producers (or workers) and price suppression; lost sales and record, we have determined that UAN, accounting for more than 50 percent of revenues; flatlined production, capacity as defined in the scope, constitutes a the total production of the domestic like utilization, and employment variables; single domestic like product, and we product and, as such, Commerce is not and declining financial performance.30 have analyzed industry support in terms required to take further action in order We assessed the allegations and of that domestic like product.18 to evaluate industry support (e.g., supporting evidence regarding material In determining whether the petitioner polling).25 Second, the domestic injury, threat of material injury, has standing under section 702(c)(4)(A) producers (or workers) have met the causation, as well as negligibility, and of the Act, we considered the industry statutory criteria for industry support we have determined that these support data contained in the Petitions under section 702(c)(4)(A)(i) of the Act allegations are properly supported by with reference to the domestic like because the domestic producers (or adequate evidence, and meet the product as defined in the ‘‘Scope of the workers) who support the Petitions statutory requirements for initiation.31 Investigations,’’ in the appendix to this account for at least 25 percent of the In accordance with section notice. To establish industry support, total production of the domestic like 771(7)(G)(ii)(III) of the Act, which the petitioner provided its own 2020 product.26 Finally, the domestic provides an exception to the mandatory production of the domestic like producers (or workers) have met the cumulation provision for imports from product.19 Additionally, the petitioner statutory criteria for industry support any country designated as a beneficiary provided letters of support from other under section 702(c)(4)(A)(ii) of the Act country under the Caribbean Basin producers of UAN, stating their support because the domestic producers (or Economic Recovery Act (CBERA), we for the Petitions and providing their workers) who support the Petitions considered the petitioner’s allegation of own production, or estimated account for more than 50 percent of the injury with respect to Trinidad and production, of the domestic like product production of the domestic like product Tobago, a designated beneficiary under in 2020.20 The petitioner also provided produced by that portion of the industry CBERA, independently of the allegation the 2020 production of the entire U.S. expressing support for, or opposition to, for Russia and found that the industry using published monthly 2020 the Petitions.27 Accordingly, Commerce information provided satisfies the U.S. UAN production data.21 The determines that the Petitions were filed requirements for initiation.32 petitioner added its 2020 UAN on behalf of the domestic industry Initiation of CVD Investigations production to that of the domestic within the meaning of section 702(b)(1) producers expressing support for the of the Act.28 Based upon the examination of the petitions, and compared the total to the Petitions on UAN from Russia and 2020 U.S. UAN production data.22 We Injury Test Trinidad and Tobago, we find that the relied on the data provided by the Because Russia and Trinidad and Petitions meet the requirements of petitioner for purposes of measuring Tobago are ‘‘Subsidies Agreement section 702 of the Act. Therefore, we are industry support.23 Countries’’ within the meaning of initiating CVD investigations to section 701(b) of the Act, section determine whether imports of UAN 17 See Volume I of the Petitions at I–15 through 701(a)(2) of the Act applies to this from Russia and Trinidad and Tobago I–19 and Exhibits I–3, I–8, I–12, I–14, I–18, and investigation. Accordingly, the ITC must benefit from countervailable subsidies I–25 through I–27. determine whether imports of the conferred by the GOR and the GOTT, 18 For a discussion of the domestic like product subject merchandise from Russia and respectively. In accordance with section analysis as applied to these cases and information Trinidad and Tobago materially injure, 703(b)(1) of the Act and 19 CFR regarding industry support, see Checklists, or threaten material injury to, a U.S. 351.205(b)(1), unless postponed, we will ‘‘Countervailing Duty Investigation Initiation Checklists: Urea Ammonium Nitrate Solutions from industry. make our preliminary determinations no the Russian Federation and the Republic of later than 65 days after the date of this Allegations and Evidence of Material Trinidad and Tobago (Country-Specific CVD initiation. Initiation Checklists) at Attachment II, Analysis of Injury and Causation Industry Support for the Antidumping and Russia Countervailing Duty Petitions Covering Urea The petitioner alleges that imports of Ammonium Nitrate Solutions from the Russian the subject merchandise are benefitting Based on our review of the Petitions, Federation and the Republic of Trinidad and from countervailable subsidies and that we find that there is sufficient Tobago (Attachment II). These checklists are dated such imports are causing, or threaten to information to initiate a CVD concurrently with this notice and on file electronically via ACCESS. cause, material injury to the U.S. investigation on all the alleged 19 See Volume I of the Petitions at I–4 through industry producing the domestic like I–5 and Exhibit I–6. product. In addition, the petitioner 29 See Volume I of the Petitions at I–24 through 20 See Volume I of the Petitions at I–4 and alleges that subject imports exceed the I–25 and Exhibit I–32. Exhibits I–5 and I–6. 30 See Volume I of the Petitions at I–20 through 21 See Volume I of the Petitions at I–4 and Exhibit I–40 and Exhibits I–2, I–3, I–10, I–12, I–24, I–26 and also General Issues Supplement at I–3 through I– I–6; see also General Issues Supplement at I–3 I–28 through I–48. 4 and Exhibits I–49 through I–52. through 31 See Country-Specific CVD Initiation Checklists 24 I–4 and Exhibits I–49, I–51, and I–52. Id. For further discussion, see Attachment II of at Attachment III, Analysis of Allegations and the Country-Specific CVD Initiation Checklists. 22 See Volume I of the Petitions at I–4 through Evidence of Material Injury and Causation for the 25 I–5 and Exhibits I–6 and I–7; see also General Issues Id.; see also section 702(c)(4)(D) of the Act. Antidumping and Countervailing Duty Petitions Supplement at I–3 through 26 See Attachment II of the Country-Specific CVD Covering Urea Ammonium Nitrate Solutions from I–4 and Exhibits I–51 and I–52. Initiation Checklists. the Russian Federation and the Republic of 23 See Volume I of the Petitions at I–4 through I– 27 Id. Trinidad and Tobago (Attachment III). 5 and Exhibits I–1, I–2, and I–5 through I–7; see 28 Id. 32 Id.

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programs. For a full discussion of the producers/exporters for individual Submission of Factual Information basis for our decision to initiate on each examination in CVD investigations, the Factual information is defined in 19 program, see the Russia Initiation petitioner identified only one company CFR 351.102(b)(21) as: (i) Evidence Checklist. A public version of the as a producer/exporter of UAN in submitted in response to questionnaires; initiation checklist for this investigation Trinidad and Tobago, Methanol (ii) evidence submitted in support of is available on ACCESS. Holdings (Trinidad) Limited (MHTL), allegations; (iii) publicly available and provided information from Trinidad and Tobago 35 information to value factors under 19 independent sources as support. CFR 351.408(c) or to measure the Based on our review of the Petitions, Furthermore, we currently know of no we find that there is sufficient adequacy of remuneration under 19 CFR additional producers/exporters of UAN 351.511(a)(2); (iv) evidence placed on information to initiate a CVD from Trinidad and Tobago. Accordingly, investigation on all the alleged the record by Commerce; and (v) Commerce intends to examine the only evidence other than factual information programs. For a full discussion of the known producer/exporter in the basis for our decision to initiate on each described in (i)–(iv). Any party, when Trinidad and Tobago investigation (i.e., submitting factual information, must program, see the Trinidad and Tobago MHTL). Interested parties wishing to Initiation Checklist. A public version of specify under which subsection of 19 comment on respondent selection for CFR 351.102(b)(21) the information is the initiation checklist for this the Trinidad and Tobago investigation investigation is available on ACCESS. being submitted 38 and, if the must do so within three business days information is submitted to rebut, Respondent Selection of the publication date of this notice of clarify, or correct factual information initiation. The petitioner named four companies already on the record, to provide an in Russia and one company in Trinidad Comments must be filed explanation identifying the information and Tobago as producers/exporters of electronically using ACCESS. An already on the record that the factual UAN.33 Commerce intends to follow its electronically filed document must be information seeks to rebut, clarify, or standard practice in CVD investigations received successfully, in its entirety, by correct.39 Time limits for the and calculate company-specific subsidy ACCESS no later than 5:00 p.m. ET on submission of factual information are rates in these investigations. the date noted above, unless an addressed in 19 CFR 351.301, which With respect to Russia, in the event exception applies. Commerce intends to provides specific time limits based on Commerce determines that the number finalize its decision regarding the type of factual information being of companies is large and it cannot respondent selection within 20 days of submitted. Parties wishing to submit individually examine each company the publication of this notice. factual information in these based upon Commerce’s resources, Distribution of Copies of the Petitions investigations are asked to review the Commerce intends to select respondents regulations prior to submitting factual based on U.S. Customs and Border In accordance with section information in these investigations. Protection (CBP) data for U.S. imports of 702(b)(4)(A) of the Act and 19 CFR UAN from Russia during the POI under 351.202(f), a copy of the public version Extensions of Time Limits the appropriate Harmonized Tariff of the Petitions has been provided to the Parties may request an extension of Schedule of the United States numbers GOR and GOTT via ACCESS. time limits before the expiration of a listed in the ‘‘Scope of the Furthermore, to the extent practicable, time limit established under 19 CFR Investigation,’’ in the appendix. Commerce will attempt to provide a 351.301, or as otherwise specified by On July 9, 2021, Commerce released copy of the public version of the Commerce. In general, an extension CBP data for U.S. imports of UAN from Petitions to each exporter named in the request will be considered untimely if it Russia under Administrative Protective Petitions, as provided under 19 CFR is filed after the expiration of the time Order (APO) to all parties with access to 351.203(c)(2). limit established under 19 CFR 351.301. information protected by APO and For submissions that are due from ITC Notification indicated that interested parties wishing multiple parties simultaneously, an to comment regarding the CBP data and Commerce will notify the ITC of its extension request will be considered respondent selection must do so within initiation, as required by section 702(d) untimely if it is filed after 10:00 a.m. ET three business days of the publication of the Act. on the due date. Under certain date of the notice of initiation.34 circumstances, Commerce may elect to Preliminary Determination by the ITC Commerce will not accept rebuttal specify a different time limit by which comments regarding the CBP data or The ITC will preliminarily determine, extension requests will be considered respondent selection. Interested parties within 45 days after the date on which untimely for submissions which are due must submit applications for disclosure the Petitions were filed, whether there from multiple parties simultaneously. In under APO in accordance with 19 CFR is a reasonable indication that imports such a case, Commerce will inform 351.305(b). Instructions for filing such of UAN from Russia and Trinidad and parties in a letter or memorandum of the applications may be found on Tobago are materially injuring or deadline (including a specified time) by Commerce’s website at https:// threatening material injury to a U.S. which extension requests must be filed enforcement.trade.gov/apo. industry.36 A negative ITC to be considered timely. An extension With respect to Trinidad and Tobago, determination for any country will request must be made in a separate, although Commerce normally relies on result in the investigation being standalone submission; under limited import data from CBP to determine terminated with respect to that circumstances Commerce will grant whether to select a limited number of country.37 Otherwise, the investigations untimely-filed requests for the extension will proceed according to statutory and of time limits. Parties should review 33 See Volume III of the Petitions at III–2; see also regulatory time limits. Extension of Time Limits; Final Rule, 78 Volume V of the Petitions at V–2. FR 57790 (September 20, 2013), 34 See Memorandum, ‘‘Countervailing Duty Petition on UAN from Russia: Release of Customs 35 See Volume V of the Petitions at V–1. Data from U.S. Customs and Border Protection,’’ 36 See section 703(a) of the Act. 38 See 19 CFR 351.301(b). dated July 9, 2021. 37 Id. 39 See 19 CFR 351.301(b)(2).

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available at https://www.gpo.gov/fdsys/ of the United States (HTSUS) at subheading responses to these requests on July 7 pkg/FR-2013-09-20/html/2013- 3102.80.0000. Although the HTSUS and 8, 2021.4 22853.htm, prior to submitting subheading is provided for convenience and In accordance with section 732(b) of extension requests or factual customs purposes, the written description of the Tariff Act of 1930, as amended (the the scope is dispositive. information in these investigations. Act), the petitioner alleges that imports [FR Doc. 2021–15890 Filed 7–23–21; 8:45 am] Certification Requirements of UAN from Russia and Trinidad and BILLING CODE 3510–DS–P Tobago are being, or are likely to be, Any party submitting factual sold in the United States at less than fair information in an AD or CVD value (LTFV) within the meaning of proceeding must certify to the accuracy DEPARTMENT OF COMMERCE section 731 of the Act, and that imports and completeness of that information.40 International Trade Administration of such products are materially injuring, Parties must use the certification or threatening material injury to, the formats provided in 19 CFR [A–821–831, A–274–808] UAN industry in the United States. 41 351.303(g). Commerce intends to Consistent with section 732(b)(1) of the reject factual submissions if the Urea Ammonium Nitrate Solutions Act, the Petitions are accompanied by submitting party does not comply with From the Russian Federation and the information reasonably available to the the applicable certification Republic of Trinidad and Tobago: petitioner supporting its allegations. requirements. Initiation of Less-Than-Fair-Value Commerce finds that the petitioner Investigations Notification to Interested Parties filed the Petitions on behalf of the domestic industry, because the Interested parties must submit AGENCY: Enforcement and Compliance, petitioner is an interested party, as applications for disclosure under APO International Trade Administration, in accordance with 19 CFR 351.305. Department of Commerce. defined in section 771(9)(C) of the Act. Commerce also finds that the petitioner Instructions for filing such applications DATES: Applicable July 20, 2021. demonstrated sufficient industry may be found on the Commerce website FOR FURTHER INFORMATION CONTACT: at https://enforcement.trade.gov/apo. support for the initiation of the Laura Griffith at (202) 482–6430 (the requested AD investigations.5 Parties wishing to participate in these Russian Federation (Russia)) or Lilit investigations should ensure that they Astvatsatrian at (202) 482–6412 or Periods of Investigation meet the requirements of 19 CFR Dakota Potts at (202) 482–0223 (the Because the Petitions were filed on 351.103(d) (e.g., by filing a letter of Republic of Trinidad and Tobago June 30, 2021, the period of appearance). (Trinidad and Tobago)); AD/CVD This notice is issued and published investigation (POI) for the Russia and Operations, Offices III and IV, Trinidad and Tobago AD investigations pursuant to sections 702 and 777(i) of Enforcement and Compliance, the Act, and 19 CFR 351.203(c). is April 1, 2020, through March 31, International Trade Administration, 2021, pursuant to 19 CFR 351.204(b)(1). Dated: July 20, 2021. U.S. Department of Commerce, 1401 The petitioner argued that Commerce Ryan Majerus, Constitution Avenue NW, Washington, should determine in this investigation Deputy Assistant Secretary for Policy and DC 20230. that Russia is a nonmarket economy Negotiations. SUPPLEMENTARY INFORMATION: (NME) within the meaning of section Appendix—Scope of the Investigations The Petitions 771(18)(A) of the Act and should calculate normal value (NV) for Russia The merchandise covered by these On June 30, 2021, the Department of in accordance with its NME investigations is all mixtures of urea and Commerce (Commerce) received 6 ammonium nitrate in aqueous or ammonia methodology. Under that allegation, solution, regardless of nitrogen concentration antidumping duty (AD) petitions (the by weight, and regardless of the presence of Petitions) concerning imports of Urea and Tobago: Supplemental Questions,’’ dated July additives, such as corrosion inhibiters and Ammonium Nitrate Solutions (UAN) 2, 2021; ‘‘Petitions for the Imposition of soluble micro or macronutrients (UAN). from Russia and Trinidad and Tobago, Antidumping and Countervailing Duties on Imports Subject merchandise includes merchandise filed in proper form on behalf of CF of Urea Ammonium Nitrate Solutions from Russia matching the above description that has been and Trinidad and Tobago: Supplemental Industries Nitrogen, LLC and its Questions,’’ dated July 6, 2021 (General Issues processed in a third country, including by subsidiaries, Terra Nitrogen, Limited Supplement Questions); and ‘‘Petition for the commingling, diluting, adding or removing Partnership and Terra International Imposition of Antidumping Duties on Imports of additives, or performing any other processing Urea Ammonium Nitrate Solutions from the that would not otherwise remove the (Oklahoma) LLC (collectively, the Russian Federation: Supplemental Questions,’’ merchandise from the scope of the petitioner), domestic producers of dated July 6, 2021. investigations if performed in the subject UAN.1 The Petitions were accompanied 4 See Petitioner’s Letters, ‘‘Petitions for the country. by countervailing duty (CVD) petitions Imposition of Antidumping and Countervailing The scope also includes UAN that is concerning imports of UAN from Russia Duties on Imports of Urea Ammonium Nitrate commingled with UAN from sources not 2 Solutions from Russia and Trinidad and Tobago: and Trinidad and Tobago. Petitioner’s Response to the Department’s General subject to these investigations. Only the On July 2 and 6, 2021, Commerce subject component of such commingled Issues Questionnaire,’’ dated July 8, 2021 (General requested supplemental information Issues Supplement); ‘‘Petition for the Imposition of products is covered by the scope of these Antidumping Duties on Imports of Urea investigations. pertaining to certain aspects of the 3 Ammonium Nitrate Solutions from Trinidad and The covered merchandise is currently Petitions. The petitioner filed Tobago: Petitioner’s Response to the Department’s classified in the Harmonized Tariff Schedule Supplemental Questions,’’ dated July 7, 2021; and 1 See Petitioner’s Letter, ‘‘Petitions for the ‘‘Petition for the Imposition of Antidumping Duties 40 See section 782(b) of the Act. Imposition of Antidumping and Countervailing on Imports of Urea Ammonium Nitrate Solutions 41 See Certification of Factual Information to Duties: Urea Ammonium Nitrate Solutions from the from the Russian Federation: Petitioner’s Response Import Administration During Antidumping and Russian Federation and the Republic of Trinidad to the Department’s Supplemental Questions,’’ Countervailing Duty Proceedings, 78 FR 42678 (July and Tobago,’’ dated June 30, 2021 (the Petitions). dated July 8, 2021 (Russia AD Supplement). 17, 2013) (Final Rule); see also frequently asked 2 Id. 5 See infra, section on ‘‘Determination of Industry questions regarding the Final Rule, available at 3 See Commerce’s Letters, ‘‘Petition for the Support for the Petitions.’’ https://enforcement.trade.gov/tlei/notices/factual_ Imposition of Antidumping Duties on Imports of 6 See Petitions at Volume II at II–6 through II–28 info_final_rule_FAQ_07172013.pdf. Urea Ammonium Nitrate Solutions from Trinidad and Exhibits II–22 through II–72.

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the appropriate POI is October 1, 2020, Filing Requirements characteristics first and the least through March 31, 2021. important characteristics last. All submissions to Commerce must be In order to consider the suggestions of Scope of the Investigations filed electronically using Enforcement interested parties in developing and The product covered by these and Compliance’s Antidumping Duty issuing the AD questionnaires, all investigations is UAN from Russia and and Countervailing Duty Centralized product characteristics comments must 11 Trinidad and Tobago. For a full Electronic Service System (ACCESS). be filed by 5:00 p.m. ET on August 9, description of the scope of these An electronically filed document must 2021, which is 20 calendar days from investigations, see the appendix to this be received successfully in its entirety the signature date of this notice. Any notice. by the time and date it is due. Note that rebuttal comments must be filed by 5:00 Commerce has temporarily modified p.m. ET on August 19, 2021. All Comments on the Scope of the certain of its requirements for serving Investigations comments and submissions to documents containing business Commerce must be filed electronically On July 6, 2021, Commerce requested proprietary information, until further using ACCESS, as explained above, on further information and clarification notice.12 the record of each of the AD from the petitioner regarding the investigations. proposed scope to ensure that the scope Comments on Product Characteristics language in the Petitions is an accurate Commerce is providing interested Determination of Industry Support for reflection of the products for which the parties an opportunity to comment on the Petitions domestic industry is seeking relief.7 On the appropriate physical characteristics Section 732(b)(1) of the Act requires July 8, 2021, the petitioner revised the of UAN to be reported in response to that a petition be filed on behalf of the scope.8 The description of merchandise Commerce’s AD questionnaires. This domestic industry. Section 732(c)(4)(A) covered by these investigations, as information will be used to identify the of the Act provides that a petition meets described in the appendix to this notice, key physical characteristics of the this requirement if the domestic reflects these clarifications. subject merchandise in order to report producers or workers who support the As discussed in the Preamble to the relevant costs of production petition account for: (i) At least 25 Commerce’s regulations, we are setting accurately, as well as to develop percent of the total production of the aside a period of time for interested appropriate product-comparison domestic like product; and (ii) more parties to raise issues regarding product criteria. than 50 percent of the production of the coverage (i.e., scope).9 Commerce will Interested parties may provide any domestic like product produced by that consider all comments received from information or comments that they feel portion of the industry expressing interested parties and, if necessary, will are relevant to the development of an support for, or opposition to, the consult with interested parties prior to accurate list of physical characteristics. petition. Moreover, section 732(c)(4)(D) the issuance of the preliminary Specifically, they may provide of the Act provides that, if the petition determinations. If scope comments comments as to which characteristics does not establish support of domestic include factual information,10 all such producers or workers accounting for factual information should be limited to are appropriate to use as: (1) General product characteristics; and (2) product more than 50 percent of the total public information. To facilitate production of the domestic like product, preparation of its questionnaires, comparison criteria. We note that it is not always appropriate to use all Commerce shall: (i) Poll the industry or Commerce requests that all interested rely on other information in order to parties submit such comments by 5:00 product characteristics as product comparison criteria. We base product determine if there is support for the p.m. Eastern Time (ET) on August 9, petition, as required by subparagraph comparison criteria on meaningful 2021, which is 20 calendar days from (A); or (ii) determine industry support commercial differences among products. the signature date of this notice. Any using a statistically valid sampling In other words, although there may be rebuttal comments, which may include method to poll the ‘‘industry.’’ factual information, must be filed by some physical product characteristics Section 771(4)(A) of the Act defines 5:00 p.m. ET on August 19, 2021, which utilized by manufacturers to describe the ‘‘industry’’ as the producers as a is 10 calendar days from the initial UAN, it may be that only a select few whole of a domestic like product. Thus, comment deadline. product characteristics take into account to determine whether a petition has the Commerce requests that any factual commercially meaningful physical requisite industry support, the statute information that parties consider characteristics. In addition, interested directs Commerce to look to producers relevant to the scope of the parties may comment on the order in and workers who produce the domestic investigations be submitted during this which the physical characteristics like product. The International Trade period. However, if a party subsequently should be used in matching products. Commission (ITC), which is responsible finds that additional factual information Generally, Commerce attempts to list for determining whether ‘‘the domestic pertaining to the scope of the the most important physical industry’’ has been injured, must also investigations may be relevant, the party determine what constitutes a domestic may contact Commerce and request 11 See Antidumping and Countervailing Duty like product in order to define the Proceedings: Electronic Filing Procedures; permission to submit the additional Administrative Protective Order Procedures, 76 FR industry. While both Commerce and the information. All such submissions must 39263 (July 6, 2011); see also Enforcement and ITC must apply the same statutory be filed on the records of the concurrent Compliance; Change of Electronic Filing System definition regarding the domestic like AD and CVD investigations. Name, 79 FR 69046 (November 20, 2014) for details product,13 they do so for different of Commerce’s electronic filing requirements, effective August 5, 2011. Information on help using purposes and pursuant to a separate and 7 See General Issues Supplement Questions at 3. ACCESS can be found at https://access.trade.gov/ distinct authority. In addition, 8 See General Issues Supplement at I–1 and I–2. help.aspx and a handbook can be found at https:// Commerce’s determination is subject to 9 _ _ _ See Antidumping Duties; Countervailing Duties, access.trade.gov/help/Handbook on Electronic limitations of time and information. Final Rule, 62 FR 27296, 27323 (May 19, 1997) Filing_Procedures.pdf. (Preamble). 12 See Temporary Rule Modifying AD/CVD Although this may result in different 10 See 19 CFR 351.102(b)(21) (defining ‘‘factual Service Requirements Due to COVID–19; Extension information’’). of Effective Period, 85 FR 41363 (July 10, 2020). 13 See section 771(10) of the Act.

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definitions of the like product, such data.19 The petitioner added its 2020 the petitioner alleges that subject differences do not render the decision of UAN production to that of the domestic imports exceed the negligibility either agency contrary to law.14 producers expressing support for the threshold provided for under section Section 771(10) of the Act defines the petitions, and compared the total to the 771(24)(A) of the Act.27 domestic like product as ‘‘a product 2020 U.S. UAN production data.20 We The petitioner contends that the which is like, or in the absence of like, relied on the data provided by the industry’s injured condition is most similar in characteristics and uses petitioner for purposes of measuring illustrated by a significant and 21 with, the article subject to an industry support. increasing volume of subject imports; investigation under this title.’’ Thus, the Our review of the data provided in the impacts on market share; underselling reference point from which the Petitions, the General Issues and price suppression; lost sales and domestic like product analysis begins is Supplement, and other information revenues; flatlined production, capacity ‘‘the article subject to an investigation’’ readily available to Commerce indicates utilization, and employment variables; that the petitioner has established and declining financial performance.28 (i.e., the class or kind of merchandise to 22 be investigated, which normally will be industry support for the Petitions. We assessed the allegations and the scope as defined in the petition). First, the Petitions established support supporting evidence regarding material from domestic producers (or workers) With regard to the domestic like injury, threat of material injury, accounting for more than 50 percent of causation, as well as negligibility, and product, the petitioner does not offer a the total production of the domestic like definition of the domestic like product we have determined that these product and, as such, Commerce is not allegations are properly supported by distinct from the scope of the required to take further action in order investigations.15 Based on our analysis adequate evidence, and meet the to evaluate industry support (e.g., statutory requirements for initiation.29 of the information submitted on the polling).23 Second, the domestic record, we have determined that UAN, In accordance with section producers (or workers) have met the 771(7)(G)(ii)(III) of the Act, which as defined in the scope, constitutes a statutory criteria for industry support single domestic like product, and we provides an exception to the mandatory under section 732(c)(4)(A)(i) of the Act cumulation provision for imports from have analyzed industry support in terms because the domestic producers (or any country designated as a beneficiary of that domestic like product.16 workers) who support the Petitions country under the Caribbean Basin account for at least 25 percent of the In determining whether the petitioner Economic Recovery Act (CBERA), we total production of the domestic like has standing under section 732(c)(4)(A) considered the petitioner’s allegation of product.24 Finally, the domestic of the Act, we considered the industry injury with respect to Trinidad and producers (or workers) have met the support data contained in the Petitions Tobago, a designated beneficiary under statutory criteria for industry support with reference to the domestic like CBERA, independently of the allegation under section 732(c)(4)(A)(ii) of the Act product as defined in the ‘‘Scope of the for Russia and found that the because the domestic producers (or Investigations,’’ in the appendix to this information provided satisfies the workers) who support the Petitions notice. To establish industry support, requirements for initiation.30 the petitioner provided its own 2020 account for more than 50 percent of the production of the domestic like production of the domestic like product Allegations of Sales at LTFV product.17 Additionally, the petitioner produced by that portion of the industry The following is a description of the provided letters of support from other expressing support for, or opposition to, allegations of sales at LTFV upon which producers of UAN, stating their support the Petitions.25 Accordingly, Commerce Commerce based its decision to initiate for the Petitions and providing their determines that the Petitions were filed AD investigations of imports of UAN own production of the domestic like on behalf of the domestic industry from Russia and Trinidad and Tobago. product in 2020.18 The petitioner also within the meaning of section 732(b)(1) The sources of data for the deductions provided the 2020 production of the of the Act.26 and adjustments relating to U.S. price entire U.S. industry using published Allegations and Evidence of Material and NV are discussed in greater detail monthly 2020 U.S. UAN production Injury and Causation in the Country-Specific AD Initiation The petitioner alleges that the U.S. Checklists. 14 See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. industry producing the domestic like U.S. Price v. United States, 688 F. Supp. 639, 644 (CIT 1988), product is being materially injured, or is aff’d 865 F.2d 240 (Fed. Cir. 1989)). threatened with material injury, by For Russia and Trinidad and Tobago, 15 See Petitions at Volume I at I–15 through I–19 reason of the imports of the subject the petitioner based export price (EP) on and Exhibits I–3, I–8, I–12, I–14, I–18, and I–25— merchandise sold at LTFV. In addition, transaction-specific average unit values I–27. 16 For a discussion of the domestic like product (AUVs) derived from official import analysis as applied to these cases and information 19 See Petitions at Volume I at I–4 and Exhibit statistics for imports under HTSUS regarding industry support, see Checklists, I–6; see also General Issues Supplement at I–3 subheading 3102.80.0000 obtained from ‘‘Antidumping Duty Investigation Initiation through I–4 and Exhibits I–49, I–51, I–52. the ITC’s Dataweb and tied to ship Checklists: Urea Ammonium Nitrate Solutions from 20 See Petitions at Volume I at I–4 through I–5 and the Russian Federation and the Republic of Exhibits I–6 and I–7; see also General Issues Trinidad and Tobago,’’ (Country-Specific AD Supplement at I–3 through I–4 and Exhibits I–51, 27 See Petitions at Volume I at I–24 through I–25 Initiation Checklists) at Attachment II, Analysis of and I–52. and Exhibit I–32. Industry Support for the Antidumping and 21 See Petitions at Volume I at I–4 through I–5 and 28 See Petitions at Volume I at I–20 through I–40 Countervailing Duty Petitions Covering Urea Exhibits I–1, I–2, and I–5 through I–7; see also and Exhibits I–2, I–3, I–10, I–12, I–24, I–26, and Ammonium Nitrate Solutions from the Russian General Issues Supplement at I–3 through I–4 and I–28 through I–48. Federation and the Republic of Trinidad and Exhibits I–49 through I–52. 29 See Country-Specific AD Initiation Checklists 22 Tobago (Attachment II). These checklists are dated Id. For further discussion, see Attachment II of at Attachment III, Analysis of Allegations and concurrently with this notice and on file the Country-Specific AD Initiation Checklists. Evidence of Material Injury and Causation for the electronically via ACCESS. 23 Id.; see also section 732(c)(4)(D) of the Act. Antidumping and Countervailing Duty Petitions 17 See Petitions at Volume I at I–4 through I–5 and 24 See Attachment II of the Country-Specific AD Covering Urea Ammonium Nitrate Solutions from Exhibit I–6. Initiation Checklists. the Russian Federation and the Republic of 18 See Petitions at Volume I at I–4 and Exhibits 25 Id. Trinidad and Tobago (Attachment III). I–5 and I–6. 26 Id. 30 Id.

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manifest data.31 The petitioner made product-specific consumption rates as a determines that the number of certain adjustments to U.S. price to surrogate to value Russian companies is large and it cannot calculate a net ex-factory U.S. price.32 manufacturers’ FOPs.40 Additionally, individually examine each company the petitioner calculated factory based upon Commerce’s resources, Normal Value 33 overhead; selling, general and where appropriate, Commerce intends For Trinidad and Tobago, the administrative expenses; and profit to select mandatory respondents based petitioner stated that home market based on the experience of a Polish on responses to the Q&V questionnaires. prices were not available and, as such, producer of comparable merchandise.41 Producers/exporters of UAN from based NV on third country prices using Russia that do not receive Q&V Fair Value Comparisons Canadian import AUVs for the POI.34 questionnaires by mail may still submit For Russia, the petition included NV Based on the data provided by the a response to the Q&V questionnaire using both the NME and market petitioner, there is reason to believe that and can obtain a copy of the Q&V economy (ME) methodologies.35 The imports of UAN from Russia and questionnaire from Enforcement and petitioner based the ME NV on Russian Trinidad and Tobago are being, or are Compliance (E&C)’s website at https:// UAN prices derived from an likely to be, sold in the United States at enforcement.trade.gov/questionnaires/ information subscription service that LTFV. Based on comparisons of EP to questionnaires-ad.html. The Q&V tracks energy and commodity prices.36 NV in accordance with sections 772 and response must be submitted by the The petition based the NME NV on 773 of the Act, the estimated dumping relevant exporters/producers in Russia factors of production (FOPs) valued in margin for UAN from Trinidad and no later than 5:00 p.m. ET on August 3, a surrogate market economy country in Tobago is 158.81 percent.42 Under the 2021, which is two weeks from the accordance with section 773(c) of the ME methodology, the estimated signature date of this notice. All Q&V Act.37 The petitioner claims that Poland dumping margins for UAN from Russia responses must be filed electronically is an appropriate surrogate country for are 169.96 percent and 391.65 percent via ACCESS. Russia because Poland is a market for purposes of initiation. In light of the economy country that is at a level of petitioner’s allegation in the petition Trinidad and Tobago economic development comparable to that Russia is an NME, under its NME In the Petitions, the petitioner that of Russia and is a significant methodology, the estimated dumping identified one company in Trinidad and producer of identical merchandise.38 margins for UAN from Russia are 245.98 Tobago as producer/exporter of UAN The petitioner provided publicly percent and 433.37 percent for purposes (i.e., Methanol Holdings (Trinidad) available information from Poland to of initiation.43 Limited) and provided independent, value all FOPs.39 Based on the third party information for support.44 Initiation of LTFV Investigations petitioner’s allegation and information We currently know of no additional provided in the petition, Poland was Based upon the examination of the producers or exporters of UAN from used for initiation purposes. Petitions and supplemental responses, Trinidad and Tobago. Accordingly, Interested parties will have the we find that they meet the requirements Commerce intends to individually opportunity to submit comments of section 732 of the Act. Therefore, we examine all known producers and regarding surrogate country selections are initiating AD investigations to exporters in the investigation of UAN and, pursuant to 19 CFR determine whether imports of UAN from Trinidad and Tobago ((i.e., 351.301(c)(3)(i), will be provided an from Russia and Trinidad and Tobago Methanol Holdings (Trinidad) Limited). opportunity to submit publicly available are being, or are likely to be, sold in the Parties wishing to comment on information to value FOPs within 30 United States at LTFV. In accordance respondent selection for Trinidad and days before the scheduled date of the with section 733(b)(1)(A) of the Act and Tobago must do so within three preliminary determination. 19 CFR 351.205(b)(1), unless postponed, business days of the publication of this we will make our preliminary notice in the Federal Register. Factors of Production determinations no later than 140 days Commerce will not accept rebuttal Because information regarding the after the date of this initiation. comments regarding respondent volume of inputs consumed by Russian Respondent Selection selection for Trinidad and Tobago. producers/exporters was not reasonably Comments on respondent selection available, the petitioner used its own Russia must be filed electronically using In the Petitions, the petitioner ACCESS. An electronically-filed 31 See Country-Specific AD Initiation Checklists. identified four companies as producers/ document must be received successfully 32 Id. in its entirety via ACCESS by 5:00 p.m. 33 exporters of UAN in Russia (i.e., In accordance with section 773(b)(2) of the Act, ET on the specified deadline. for the Russia and Trinidad and Tobago EuroChem, Acron Group (Acron), PJSC investigations, Commerce will request information Kuibyshev Azot, and SBU Azot). We Interested parties must submit necessary to calculate the constructed value (CV) intend to issue quantity and value applications for disclosure under APO and cost of production (COP) to determine whether (Q&V) questionnaires to each potential in accordance with 19 CFR 351.305(b). there are reasonable grounds to believe or suspect Instructions for filing such applications that sales of the foreign like product have been respondent in Russia identified in the made at prices that represent less than the COP of Petitions. In the event Commerce may be found on Commerce’s website at the product. http://enforcement.trade.gov/apo. 34 See Trinidad and Tobago AD Initiation 40 See Petitions at Volume II at II–29 and II–30 Separate Rates Checklist. and Exhibit II–76; see also Russia AD Supplement 35 See Russia AD Initiation Checklist. at II–2 and II–3 and Exhibit II–86. Upon applying an NME methodology, 36 Id. 41 See Petitions at Volume II at II–29 and II–30 Commerce will consider assigning 37 Id. and Exhibits II–77 through II–81; see also Russia separate rates to exporters and 38 See Petitions at Volume II at II–29 and Exhibits AD Supplement at II–3 and II–4 and Exhibits II–88 II–73 through II–75. and II–91. producers. In order to obtain separate- 39 See Petitions at Volume II at II–30 through II– 42 See Country-Specific AD Initiation Checklist 31 and Exhibits II–77 through II–81; see also Russia for details of these margin calculations. 44 See Petitions at Volume I at I–14 and Exhibit AD Supplement at II–3 through II–4 and Exhibits 43 See Country-Specific AD Initiation Checklist I–4; see also Petitions at Volume IV at Exhibit II–88, II–90, and II–91. for details of these margin calculations. IV–7.

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rate status in an NME investigation, Distribution of Copies of the Petitions submitting factual information in these exporters and producers must submit a In accordance with section investigations. separate-rate application.45 The specific 732(b)(3)(A) of the Act and 19 CFR Particular Market Situation Allegation requirements for submitting a separate- 351.202(f), copies of the public version Section 773(e) of the Act addresses rate application in an NME investigation of the Petitions have been provided to the concept of particular market are outlined in detail in the application the governments of Russia and Trinidad situation (PMS) for purposes of CV, itself, which will be available on E&C’s and Tobago via ACCESS. To the extent stating that ‘‘if a particular market website at http://enforcement.trade.gov/ practicable, we will attempt to provide situation exists such that the cost of nme/nme-sep-rate.html. The separate- a copy of the public version of the materials and fabrication or other rate application will be due 30 days Petitions to each exporter named in the processing of any kind does not after publication of this initiation Petitions, as provided under 19 CFR 46 accurately reflect the cost of production notice. Exporters and/or producers 351.203(c)(2). who submit a separate-rate application in the ordinary course of trade, the and have been selected as mandatory ITC Notification administering authority may use respondents will be eligible for Commerce will notify the ITC of its another calculation methodology under consideration for separate-rate status initiation, as required by section 732(d) this subtitle or any other calculation only if they respond to all parts of of the Act. methodology.’’ When an interested Commerce’s AD questionnaire as party submits a PMS allegation pursuant Preliminary Determinations by the ITC mandatory respondents. Commerce to section 773(e) of the Act, Commerce requires that respondents from Russia The ITC will preliminarily determine, will respond to such a submission submit a response to both the Q&V within 45 days after the date on which consistent with 19 CFR 351.301(c)(2)(v). questionnaire and the separate-rate the Petitions were filed, whether there If Commerce finds that a PMS exists application by the respective deadlines is a reasonable indication that subject under section 773(e) of the Act, then it in order to receive consideration for imports are materially injuring or will modify its dumping calculations separate-rate status. Companies not threatening material injury to a U.S. appropriately. 48 Neither section 773(e) of the Act, nor filing a timely Q&V questionnaire industry. A negative ITC 19 CFR 351.301(c)(2)(v), set a deadline response will not receive separate rate determination for any country will for the submission of PMS allegations consideration. result in the investigation being terminated with respect to that and supporting factual information. Use of Combination Rates country.49 Otherwise, these AD However, in order to administer section 773(e) of the Act, Commerce must Upon applying an NME methodology, investigations will proceed according to statutory and regulatory time limits. receive PMS allegations and supporting Commerce will calculate combination factual information with enough time to rates for certain respondents that are Submission of Factual Information consider the submission. Thus, should eligible for a separate rate in an NME Factual information is defined in 19 an interested party wish to submit a investigation. The Separate Rates and PMS allegation and supporting new Combination Rates Bulletin states: CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; factual information pursuant to section {w}hile continuing the practice of assigning (ii) evidence submitted in support of 773(e) of the Act, it must do so no later separate rates only to exporters, all separate than 20 days after submission of a { } allegations; (iii) publicly available rates that Commerce will now assign in its information to value factors under 19 respondent’s initial section D NME Investigation will be specific to those questionnaire response. producers that supplied the exporter during CFR 351.408(c) or to measure the the period of investigation. Note, however, adequacy of remuneration under 19 CFR Extensions of Time Limits that one rate is calculated for the exporter 351.511(a)(2); (iv) evidence placed on and all of the producers which supplied the record by Commerce; and (v) Parties may request an extension of subject merchandise to it during the period evidence other than factual information time limits before the expiration of a of investigation. This practice applies both to described in (i)–(iv). Section 351.301(b) time limit established under 19 CFR mandatory respondents receiving an of Commerce’s regulations requires any 351.301, or as otherwise specified by individually calculated separate rate as well party, when submitting factual Commerce. In general, an extension as the pool of non-investigated firms information, to specify under which request will be considered untimely if it receiving the weighted-average of the is filed after the expiration of the time individually calculated rates. This practice is subsection of 19 CFR 351.102(b)(21) the information is being submitted 50 and, if limit established under 19 CFR 351.301. referred to as the application of ‘‘combination For submissions that are due from rates’’ because such rates apply to specific the information is submitted to rebut, combinations of exporters and one or more clarify, or correct factual information multiple parties simultaneously, an producers. The cash-deposit rate assigned to already on the record, to provide an extension request will be considered an exporter will apply only to merchandise explanation identifying the information untimely if it is filed after 10:00 a.m. ET both exported by the firm in question and already on the record that the factual on the due date. Under certain produced by a firm that supplied the exporter circumstances, Commerce may elect to 47 information seeks to rebut, clarify, or during the period of investigation. correct.51 Time limits for the specify a different time limit by which submission of factual information are extension requests will be considered 45 See Policy Bulletin 05.1: ‘‘Separate-Rates addressed in 19 CFR 351.301, which untimely for submissions which are due Practice and Application of Combination Rates in from multiple parties simultaneously. In Antidumping Investigation involving NME provides specific time limits based on Countries,’’ (April 5, 2005), available at http:// the type of factual information being such a case, Commerce will inform enforcement.trade.gov/policy/bull05-1.pdf (Policy submitted. Interested parties should parties in a letter or memorandum of the Bulletin 05.1). review the regulations prior to deadline (including a specified time) by 46 Although in past investigations this deadline which extension requests must be filed was 60 days, consistent with 19 CFR 351.301(a), to be considered timely. An extension which states that ‘‘the Secretary may request any 48 See section 733(a) of the Act. person to submit factual information at any time 49 Id. request must be made in a separate, during a proceeding,’’ this deadline is now 30 days. 50 See 19 CFR 351.301(b). stand-alone submission; Commerce will 47 See Policy Bulletin 05.1 at 6 (emphasis added). 51 See 19 CFR 351.301(b)(2). grant untimely filed requests for the

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extension of time limits only in limited products is covered by the scope of these innovation, facilitate the movement of cases where we determine, based on 19 investigations. goods, and improve the competitiveness CFR 351.302, that extraordinary The covered merchandise is currently of U.S. supply chains for goods and circumstances exist. Parties should classified in the Harmonized Tariff Schedule services in the domestic and global of the United States (HTSUS) at subheading review Extension of Time Limits; Final 3102.80.0000. Although the HTSUS economy; and provides advice to the Rule, 78 FR 57790 (September 20, 2013), subheading is provided for convenience and Secretary on regulatory policies and available at http://www.gpo.gov/fdsys/ customs purposes, the written description of programs and investment priorities that pkg/FR-2013-09-20/html/2013- the scope is dispositive. affect the competitiveness of U.S. 22853.htm, prior to submitting factual [FR Doc. 2021–15889 Filed 7–23–21; 8:45 am] supply chains. For more information information in these investigations. BILLING CODE 3510–DS–P about the Committee visit: https:// www.trade.gov/acscc. Certification Requirements Matters to be Considered: Committee Any party submitting factual DEPARTMENT OF COMMERCE members are expected to deliberate and information in an AD or CVD vote on Committee-drafted letters proceeding must certify to the accuracy International Trade Administration outlining priority recommendations to and completeness of that information.52 the Secretary of Commerce that have Parties must use the certification Advisory Committee on Supply Chain been raised at the previous Committee formats provided in 19 CFR Competitiveness: Notice of Public meetings, including recommendations 351.303(g).53 Commerce intends to Meeting on supply chain resilience and reject factual submissions if the congestion, workforce development in AGENCY: International Trade the trucking industry, data requirements submitting party does not comply with Administration, U.S. Department of for internal U.S. shipments, and the applicable certification Commerce. requirements. digitalization of supply chains. These ACTION: Notice of open meeting. letters will highlight the important Notification to Interested Parties SUMMARY: This notice sets forth the issues that the Committee recommends Interested parties must submit schedule and proposed topics of that the Secretary of Commerce consider applications for disclosure under APO discussion for a public meeting of the to improve the competitiveness of U.S. in accordance with 19 CFR 351.305. Advisory Committee on Supply Chain supply chains, facilitate new job growth Parties wishing to participate in these Competitiveness (Committee). within the United States, and increase investigations should ensure that they U.S. exports. The Committee’s DATES: This Webex meeting will be held meet the requirements of 19 CFR subcommittees will report on the status on Wednesday, August 11, 2021, from 351.103(d) (e.g., by filing the required of their work regarding these topics. The 11:00 a.m. to 12:00 p.m. Eastern letter of appearance). agenda may change to accommodate Daylight Time. The deadline for This notice is issued and published other Committee business. members of the public to register to pursuant to sections 732(c)(2) and 777(i) The Office of Supply Chain, participate in or listen to the meeting is of the Act, and 19 CFR 351.203(c). Professional & Business Services will 5:00 p.m., Wednesday, August 4, 2021. post the final agenda on the Committee Dated: July 20, 2021. ADDRESSES: The meeting will be held by website https://www.trade.gov/acscc at Ryan Majerus, Webex. The Webex link, and call-in least one week prior to the meeting. The Deputy Assistant Secretary for Policy and number, and passcode will be provided WebEx and conference line will be open Negotiations. by email to registrants. Requests to to the public for comments on a first- Appendix—Scope of the Investigations register and any written comments come, first-served basis. Access lines are should be submitted to: Richard Boll, limited. The minutes of the meetings The merchandise covered by these Office of Supply Chain, Professional & and any recommendations adopted by investigations is all mixtures of urea and Business Services, International Trade ammonium nitrate in aqueous or ammonia the Committee will be posted on the solution, regardless of nitrogen concentration Administration by email: richard.boll@ Committee website within 60 days of by weight, and regardless of the presence of trade.gov. Members of the public are the meeting. encouraged to submit registration additives, such as corrosion inhibiters and Dated: July 19, 2021. soluble micro or macronutrients (UAN). requests via email to ensure timely Subject merchandise includes merchandise receipt. Heather Sykes, matching the above description that has been Director, Office of Supply Chain, Professional, processed in a third country, including by FOR FURTHER INFORMATION CONTACT: and Business Services. commingling, diluting, adding or removing Richard Boll, Office of Supply Chain, [FR Doc. 2021–15750 Filed 7–23–21; 8:45 am] Professional & Business Services, additives, or performing any other processing BILLING CODE 3510–DR–P that would not otherwise remove the International Trade Administration by merchandise from the scope of the email [email protected] or phone investigations if performed in the subject 202–384–8539. DEPARTMENT OF COMMERCE country. SUPPLEMENTARY INFORMATION: The The scope also includes UAN that is Committee was established under the National Institute of Standards and commingled with UAN from sources not Technology subject to these investigations. Only the discretionary authority of the Secretary subject component of such commingled of Commerce and in accordance with the Federal Advisory Committee Act Open Meeting of the Information Security and Privacy Advisory Board 52 See section 782(b) of the Act. (5 U.S.C. App. 2). It provides advice to 53 See Certification of Factual Information to the Secretary of Commerce on the AGENCY: National Institute of Standards Import Administration During Antidumping and necessary elements of a comprehensive and Technology. Countervailing Duty Proceedings, 78 FR 42678 (July policy approach to supply chain 17, 2013) (Final Rule). Answers to frequently asked ACTION: Notice of open meeting. questions regarding the Final Rule are available at competitiveness designed to support http://enforcement.trade.gov/tlei/notices/factual_ U.S. export growth and national SUMMARY: The Information Security and info_final_rule_FAQ_07172013.pdf. economic competitiveness, encourage Privacy Advisory Board (ISPAB) will

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meet Tuesday, September 28, 2021 from section of this notice by 5 p.m. on an additional 30 days for public 1:00 p.m. until 4:30 p.m., Eastern Time. Monday, September 27, 2021. comments. All sessions will be open to the public. The ISPAB agenda will include a Agency: NOAA National Marine DATES: The meeting will be held on period, not to exceed fifteen minutes, Fisheries Service (NMFS), Commerce. Tuesday, September 28, 2021 from 1:00 for submitted questions or comments Title: Pacific Islands Short-tailed p.m. until 4:30 p.m., Eastern Time. from the public between 3:45 p.m. and Albatross-Fisheries Interaction Recovery 4:00 p.m. Submitted questions or Reporting. ADDRESSES: The meeting will be a comments from the public will be OMB Control Number: 0648–0456. virtual meeting via webinar. Please note selected on a first-come, first-served Form Number(s): None. admittance instructions under the basis and limited to five minutes per Type of Request: Regular submission, SUPPLEMENTARY INFORMATION section of person. revision and extension of a current this notice. Members of the public who wish to information collection. FOR FURTHER INFORMATION CONTACT: Jeff expand upon their submitted Number of Respondents: 1. Brewer, Information Technology statements, those who had wished to Average Hours per Response: 1.25. Laboratory, National Institute of submit a question or comment but could Total Annual Burden Hours: 1.25. Standards and Technology, Telephone: not be accommodated on the agenda, Needs and Uses: Federal regulations (301) 975–2489, Email address: and those who were unable to attend the at 50 CFR 665.815(b) require Hawaii- [email protected]. meeting via webinar are invited to based longline fishermen to safely SUPPLEMENTARY INFORMATION: Pursuant submit written statements. In addition, handle and release short-tailed to the Federal Advisory Committee Act, written statements are invited and may albatrosses (Phoebastria albatrus) as amended, 5 U.S.C. app., notice is be submitted to the ISPAB at any time. (STAL) caught incidentally during hereby given that the ISPAB will hold All written statements should be fishing operations. The vessel operator an open meeting Tuesday, September directed to the ISPAB Secretariat, must: (a) Contact NMFS, the U.S. Coast 28, 2021 from 1:00 p.m. until 4:30 p.m., Information Technology Laboratory by Guard (USCG), or the U.S. Fish and Eastern Time. All sessions will be open email to: [email protected]. Wildlife Service immediately; (b) to the public. The ISPAB is authorized Admittance Instructions: All complete and submit a Short-tailed by 15 U.S.C. 278g–4, as amended, and participants will be attending via Albatross Recovery Data Form; and (c) advises the National Institute of webinar and must register on ISPAB’s attach identical information tags to the Standards and Technology (NIST), the event page at: https://csrc.nist.gov/ carcass and specimen bag if the STAL Secretary of Homeland Security, and the Events/2021/ispab-september-2021- is dead and turn over the carcass to Director of the Office of Management meeting by 5 p.m. Eastern Time, USFWS within 72 hours after returning and Budget (OMB) on information Monday, September 27, 2021. to port. When a STAL is brought on board a vessel, the vessel operator must security and privacy issues pertaining to Alicia Chambers, record the incident’s date, time, Federal government information NIST Executive Secretariat. systems, including through review of location, any tag data, and injury and [FR Doc. 2021–15888 Filed 7–23–21; 8:45 am] proposed standards and guidelines health descriptions on the Short-tailed developed by NIST. Details regarding BILLING CODE 3510–13–P Albatross Recovery Data Form. the ISPAB’s activities are available at Two minor revisions were made to the Recovery Data Form based on https://csrc.nist.gov/projects/ispab. DEPARTMENT OF COMMERCE The agenda is expected to include the comments for the U.S. Fish & Wildlife following items: National Oceanic and Atmospheric Service: On page 1 of the form, the statement ‘‘If a photo is taken, attach to —Board Discussion on Executive Order Administration form when submitted.’’ was added to 14028, Improving the Nation’s the Photograph field; on the bottom of Cybersecurity (May 12, 2021) Agency Information Collection page 2 instruction was added to submit deliverables and impacts to date, Activities; Submission to the Office of the form and photo (if taken) to U.S. —Presentation by NIST, the Department Management and Budget (OMB) for Fish & Wildlife by email. of Homeland Security, and the Review and Approval; Comment Affected Public: Individuals or General Services Administration on Request; Pacific Islands Region households; Business or other for-profit upcoming work specified in Executive Seabird-Fisheries Interaction Recovery Reporting organizations. Order 14028, Frequency: As needed. —Presentation by the Office of The Department of Commerce will Respondent’s Obligation: Mandatory. Management and Budget on Executive submit the following information Legal Authority: 50 CFR 665.815(b). Order 14028 directions and collection request to the Office of This information collection request memoranda to U.S. Federal Agencies, Management and Budget (OMB) for may be viewed at www.reginfo.gov. —Board Discussion on review and clearance in accordance Follow the instructions to view the recommendations and issues related with the Paperwork Reduction Act of Department of Commerce collections to Executive Order 14028. 1995, on or after the date of publication currently under review by OMB. Note that agenda items may change of this notice. We invite the general Written comments and without notice. The final agenda will be public and other Federal agencies to recommendations for the proposed posted on the ISPAB event page at: comment on proposed, and continuing information collection should be https://csrc.nist.gov/Events/2021/ispab- information collections which helps us submitted within 30 days of the september-2021-meeting. assess the impact of our information publication of this notice on the Public Participation: Written collection requirements and minimize following website https:// questions or comments from the public the public’s reporting burden. Public www.reginfo.gov/public/do/PRAMain. are invited and may be submitted comments were previously requested Find this particular information electronically by email to Jeff Brewer at via the Federal Register on April 21, collection by selecting ‘‘Currently under the contact information indicated in the 2021 (86 FR 20663) during a 60-day 30-day Review—Open for Public FOR FURTHER INFORMATION CONTACT comment period. This notice allows for Comments’’ or by using the search

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function and entering either the title of line. Additional information about this and/or scope of the claims of the issued the collection or the OMB Control information collection is also available patent, and (5) information submitted by Number 0648–0456. at http://www.reginfo.gov under patent owners regarding a position ‘‘Information Collection Review.’’ taken before the USPTO or a Federal Sheleen Dumas, SUPPLEMENTARY INFORMATION: court regarding the scope of any claim Department PRA Clearance Officer, Office of in their issued patent. The USPTO’s use the Chief Information Officer, Commerce I. Abstract Department. of the statements of the patent owners The USPTO is required by 35 U.S.C. ((5) above) will be limited to [FR Doc. 2021–15781 Filed 7–23–21; 8:45 am] 131 and 151 to examine applications determining the meaning of a patent BILLING CODE 3510–22–P and, when appropriate, allow claim in ex parte reexamination applications and issue them as patents. proceedings that already have been DEPARTMENT OF COMMERCE Chapter 30 of Title 35 U.S.C. provides ordered and in inter partes review and that any person at any time may file a post grant review proceedings that Patent and Trademark Office request for reexamination by the USPTO already have been instituted. of any claim of a patent on the basis of The purpose of this information Agency Information Collection prior art cited under the provisions of collection is to facilitate requests for ex Activities; Submission to the Office of 35 U.S.C. 301. Once initiated, the parte reexamination and supplemental Management and Budget (OMB) for reexamination proceedings under examination, to facilitate prosecution of Review and Approval; Comment Chapter 30 are substantially ex parte reexamination and reissue proceedings, Request; Patent Reexaminations, and do not permit input from third and to ensure that the associated Supplemental Examinations, and Post parties. The regulations outlining ex documentation is submitted to the Patent Submissions parte reexaminations are found at 37 USPTO, and to permit relevant post- CFR 1.510–1.570. patent prior art and claim scope ACTION: Notice of information collection; In addition, 35 U.S.C. 257 permits a information to be entered into a patent request for comment. patent owner to request supplemental file. examination of a patent by the USPTO SUMMARY: The United States Patent and This renewal request incorporates an to consider, reconsider, or correct Trademark Office (USPTO), as required item that was previously approved information believed to be relevant to by the Paperwork Reduction Act of under OMB control number 0651–0067 the patent. The regulations outlining 1995, invites comments on the (Post Patent Public Submissions), supplemental examination are found at extension and revision of an existing specifically ‘information disclosure 37 CFR 1.601–1.625. information collection: 0651–0064 citations’. The title of this information The Leahy-Smith America Invents Act collection is being updated to reflect (Patent Reexaminations, Supplemental terminated inter partes reexamination Examinations, and Post Patent that change with the inclusion of ‘‘Post effective September 16, 2012. However, Patent Submissions’’. As the Submissions). The purpose of this inter partes reexamination proceedings notice is to allow 60 days for public information disclosure citation was the based on inter partes reexamination only item contained in 0651–0067, that comment preceding submission of the requests filed before September 16, information collection to OMB. information collection will be 2012, continue to be prosecuted. discontinued. DATES: To ensure consideration, Therefore, this information collection comments regarding this information continues to include items related to the II. Method of Collection collection must be received on or before prosecution of inter partes The items in this information September 24, 2021. reexamination proceedings. The collection may be submitted online ADDRESSES: Interested persons are regulations outlining inter partes using the Patent Electronic Systems invited to submit written comments by reexamination are found at 37 CFR (EFS-Web or Patent Center), or on paper any of the following methods. Do not 1.903–1.959. by either mail or hand delivery. submit Confidential Business The provisions of 35 U.S.C. 301 and Information or otherwise sensitive or 37 CFR 1.501 govern the ability of a III. Data protected information. person to submit into the file of an • OMB Control Number: 0651–0064. Email: InformationCollection@ issued patent (1) prior art consisting of Form Numbers: (SB = Specimen uspto.gov. Include ‘‘0651–0064 patents or printed publications which Book). comment’’ in the subject line of the the person making the submission • PTO/SB/42 (Information Disclosure message. believes to have a bearing on the • Citation in a Patent). Federal Rulemaking Portal: http:// patentability of any claim of the issued • PTO/SB/57 (Request for Ex Parte www.regulations.gov. patent and (2) statements of the owner • Reexamination Transmittal Form). Mail: Kimberly Hardy, Office of the of the issued patent filed in a • PTO/SB/59 (Request for Chief Administrative Officer, United proceeding before a Federal court or the Supplemental Examination Transmittal States Patent and Trademark Office, USPTO in which the owner of the Form). P.O. Box 1450, Alexandria, VA 22313– issued patent took a position on the Type of Review: Extension and 1450. scope of any claim of the issued patent. revision of a currently approved FOR FURTHER INFORMATION CONTACT: This information collection covers information collection. Requests for additional information information contained in: (1) Requests Affected Public: Private sector; should be directed to Parikha Mehta, for ex parte reexamination, (2) requests individuals or households. Legal Advisor, Office of Patent Legal for supplemental examination, (3) Estimated Number of Respondents: Administration, United States Patent submissions made by patent owners and 864 respondents per year. and Trademark Office, P.O. Box 1450, third-party requesters related to the Estimated Number of Responses: 880 Alexandria, VA 22313–1450; by prosecution of an ex parte or inter responses per year. telephone at 571–272–3248; or by email partes reexamination proceeding, (4) Estimated Time per Response: The to [email protected] with information submitted by the public to USPTO estimates that it takes the public ‘‘0651–0064 comment’’ in the subject aid in ascertaining the patentability approximately between 30 minutes (0.5

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hours) to 55 hours, depending on the and submit the information to the Estimated Total Annual Respondent complexity of the situation and item, to USPTO. (Hourly) Cost Burden: $9,429,600. gather the necessary information, Estimated Total Annual Respondent prepare the appropriate document(s), Burden Hours: 23,574 hours. TABLE 1—TOTAL HOURLY BURDEN FOR PRIVATE SECTOR RESPONDENTS

Estimated Estimated Estimated Estimated Estimated annual time for annual Rate 1 annual Item No. Item annual responses response burden ($/hour) respondent respondents (year) (hour) (hour/year) cost burden

(a) (b) (a) × (b) = (c) (d) (c) × (d) = (e)

1 ...... Request for Supplemental Examination— 31 31 25 775 400 $310,000 PTO/SB/59. 2 ...... Request for Ex Parte Reexamination— 177 177 55 9,735 400 3,894,000 PTO/SB/57. 3 ...... Petition in a Reexamination Proceeding 68 68 23 1,564 400 625,600 (except for those specifically enumer- ated in 37 CFR 1.550(i) and 1.937(d)). 4 ...... Patent Owner’s 37 CFR 1.530 Statement 53 53 8 424 400 169,600 5 ...... Third Party Requester’s 37 CFR 1.535 9 9 8 72 400 28,800 Reply. 6 ...... Amendment in Ex Parte or Inter Partes 230 230 33 7,590 400 3,036,000 Reexamination. 7 ...... Third Party Requester’s 37 CFR 1.947 1 1 41 41 400 16,400 Comments in Inter Partes Reexamina- tion. 8 ...... Response to Final Rejection in Ex Parte 118 118 17 2,006 400 802,400 Reexamination. 9 ...... Patent Owner’s 37 CFR 1.951 Response 2 2 41 82 400 32,800 in Inter Partes Reexamination. 10 ...... Third Party Requester’s 37 CFR 1.951 2 2 41 82 400 32,800 Comments in Inter Partes Reexamina- tion. 11 ...... Petition to Request Extension of Time in 116 116 0.5 58 400 23,200 Ex Parte or Inter Partes Reexamination. 12 ...... Information Disclosure Citation in a Pat- 32 48 10 480 400 192,000 ent—PTO/SB/42.

Total ...... 839 855 ...... 22,909 ...... 9,163,600 1 2019 Report of the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association (AIPLA); https://www.aipla.org/detail/journal-issue/2019-report-of-the-economic-survey. The USPTO uses the mean rate for attorneys in private firms which is $400 per hour. The hourly rate for paraprofessional/paralegals is estimated at $145 from data published in the 2018 Utilization and Compensation Survey by the National Association of Legal Assistants (NALA).

TABLE 2—TOTAL HOURLY BURDEN FOR INDIVIDUALS OR HOUSEHOLDS RESPONDENTS

Estimated Estimated Estimated Estimated Estimated annual time for annual Rate 2 annual Item No. Item annual responses response burden ($/hour) respondent respondents (year) (hour) (hour/year) cost burden

(a) (b) (a) × (b) = (c) (d) (c) × (d) = (e)

1 ...... Request for Supplemental Examination— 1 1 25 25 400 $10,000 PTO/SB/59. 2 ...... Request for Ex Parte Reexamination— 5 5 55 275 400 110,000 PTO/SB/57. 3 ...... Petition in a Reexamination Proceeding 2 2 23 46 400 18,400 (except for those specifically enumer- ated in 37 CFR 1.550(i) and 1.937(d)). 4 ...... Patent Owner’s 37 CFR 1.530 Statement 1 1 8 8 400 3,200 6 ...... Amendment in Ex Parte or Inter Partes 7 7 33 231 400 92,400 Reexamination. 8 ...... Response to Final Rejection in Ex Parte 4 4 17 68 400 27,200 Reexamination. 11 ...... Petition to Request Extension of Time in 4 4 0.5 2 400 800 Ex Parte or Inter Partes Reexamination. 12 ...... Information Disclosure Citation in a Pat- 1 1 10 10 400 4,000 ent—PTO/SB/42.

Total ...... 25 25 ...... 665 ...... 266,000 2 2019 Report of the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association (AIPLA); https://www.aipla.org/detail/journal-issue/2019-report-of-the-economic-survey. The USPTO uses the mean rate for attorneys in private firms which is $400 per hour. The hourly rate for paraprofessional/paralegals is estimated at $145 from data published in the 2018 Utilization and Compensation Survey by the National Association of Legal Assistants (NALA).

Estimated Total Annual Respondent recordkeeping, or maintenance costs collection does have annual (non-hour) (Non-hourly) Cost Burden: $2,439,335. associated with this information costs in the form of postage costs and There are no capital start-up, collection. However, this information filing fees. Therefore, the USPTO

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estimates that the total annual (non- Filing Fees entity, small entity, and micro entity. hour) cost burden for this information These fees are listed in the table below. collection, in the form of filing fees There are nine filing fees associated ($2,439,195) and postage costs ($140) is with this information collection, which approximately $2,439,335. are broken down by undiscounted

TABLE 3—FILING FEES (NON-HOUR) COST BURDEN

Total Estimated Filing fee non-hour Item No. Item annual ($) cost burden responses (yr)

(a) (b) (a) × (b) = (c)

1 ...... Supplemental Examination Request (undiscounted entity) ...... 22 4,620 $101,640 1 ...... Supplemental Examination Request (small entity) ...... 14 2,310 32,340 1 ...... Supplemental Examination Request (micro entity) ...... 1 1,155 1,155 1 ...... Supplemental Examination Reexamination (undiscounted entity) ...... 28 12,700 355,600 1 ...... Supplemental Examination Reexamination (small entity) ...... 15 6,350 95,250 1 ...... Supplemental Examination Reexamination (micro entity) ...... 1 3,175 3,175 1 ...... Supplemental Examination document size fees, 21–50 documents 3 180 540 (undiscounted entity). 1 ...... Supplemental Examination document size fees, 21–50 documents (small 3 90 270 entity). 1 ...... Supplemental Examination document size fees, 21–50 documents (micro 1 45 45 entity). 1 ...... Supplemental examination document size fees, each additional 50 docu- 3 300 900 ments (undiscounted entity). 1 ...... Supplemental examination document size fees, each additional 50 docu- 1 150 150 ments (small entity). 1 ...... Supplemental examination document size fees, each additional 50 docu- 1 75 75 ments (micro entity). 2 ...... Reexamination independent claims in excess of three and also in excess 23 480 11,040 of the number of such claims in the patent under reexamination (undiscounted entity). 2 ...... Reexamination independent claims in excess of three and also in excess 12 240 2,880 of the number of such claims in the patent under reexamination (small entity). 2 ...... Reexamination independent claims in excess of three and also in excess 1 120 120 of the number of such claims in the patent under reexamination (micro entity). 2 ...... Reexamination claims in excess of 20 and also in excess of the number of 38 100 3,800 claims in the patent under reexamination (undiscounted entity). 2 ...... Reexamination claims in excess of 20 and also in excess of the number of 17 50 850 claims in the patent under reexamination (small entity). 2 ...... Reexamination claims in excess of 20 and also in excess of the number of 1 25 25 claims in the patent under reexamination (micro entity). 2 ...... Ex Parte Reexamination (§ 1.510(a)) Streamlined (undiscounted entity) ...... 22 6,300 138,600 2 ...... Ex Parte Reexamination (§ 1.510(a)) Streamlined (small entity) ...... 40 3,150 126,000 2 ...... Ex Parte Reexamination (§ 1.510(a)) Streamlined (micro entity) ...... 2 1,575 3,150 2 ...... Ex Parte Reexamination (§ 1.510(a)) Non-Streamlined (undiscounted enti- 86 12,600 1,083,600 ty). 2 ...... Ex Parte Reexamination (§ 1.510(a)) Non-Streamlined (small entity) ...... 56 6,300 352,800 2 ...... Ex Parte Reexamination (§ 1.510(a)) Non-Streamlined (micro entity) ...... 14 3,150 44,100 3 ...... Petitions in a reexamination proceeding, except for those specifically enu- 34 2,040 69,360 merated in 37 CFR 1.550(i) and 1.937(d) (undiscounted entity). 3 ...... Petitions in a reexamination proceeding, except for those specifically enu- 11 1,020 11,220 merated in 37 CFR 1.550(i) and 1.937(d) (small entity). 3 ...... Petitions in a reexamination proceeding, except for those specifically enu- 1 510 510 merated in 37 CFR 1.550(i) and 1.937(d) (micro entity).

Total ...... 2,439,195

Postage Costs per year may be mailed to the USPTO, (a) Evaluate whether the proposed The USPTO expects that at most 2% for a total postage cost of $140 per year. collection of information is necessary of the responses in this information Respondent’s Obligation: Required to for the proper performance of the collection will be submitted by mail. obtain or retain benefits. functions of the Agency, including The USPTO estimates that the average whether the information shall have postage cost for a mailed submission, IV. Request for Comments practical utility; (b) Evaluate the accuracy of the using a Priority Mail 2-day flat rate legal The USPTO is soliciting public envelope, will be $8.25. The USPTO Agency’s estimate of the burden of the comments to: estimates approximately 17 submissions proposed collection of information,

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including the validity of the Management and Budget (OMB) for they conduct or sponsor. ‘‘Collection of methodology and assumptions used; approval. information’’ is defined in 44 U.S.C. (c) Enhance the quality, utility, and DATES: Submit written or electronic 3502(3) and 5 CFR 1320.3(c) and clarity of the information to be comments on the collection of includes agency proposed surveys. collected; and information by September 24, 2021. Section 3506(c)(2)(A) of the PRA (44 (d) Minimize the burden of the U.S.C. 3506(c)(2)(A)) requires federal collection on those who are to respond, ADDRESSES: You may submit comments, agencies to provide a 60-day notice in including through the use of appropriate identified by Docket No. CPSC–2021– the Federal Register concerning each automated, electronic, mechanical, or 0020, by any of the following methods: proposed collection of information other technological collection Electronic Submissions: Submit before submitting the collection to OMB techniques or other forms of information electronic comments to the Federal for approval. Accordingly, CPSC is technology, e.g., permitting electronic eRulemaking Portal at: https:// publishing notice of the proposed submission of responses. www.regulations.gov. Follow the collection of information set forth in All comments submitted in response instructions for submitting comments. this document. to this notice are a matter of public CPSC does not accept comments A. Hazard Warning Communication record. The USPTO will include or submitted by electronic mail (email), Survey summarize each comment in the request except through https:// to OMB to approve this information www.regulations.gov and as described CPSC is authorized under section 5(a) collection. Before including an address, below. CPSC encourages you to submit of the Consumer Product Safety Act phone number, email address, or other electronic comments by using the (CPSA), 15 U.S.C. 2054(a), to conduct personal identifying information (PII) in Federal eRulemaking Portal. studies and investigations relating to the a comment, be aware that the entire Mail/hand delivery/courier Written causes and prevention of deaths, comment—including PII—may be made Submissions: Submit comments by accidents, injuries, illnesses, other publicly available at any time. While mail/hand delivery/courier to: Division health impairments, and economic you may ask in your comment to of the Secretariat, Consumer Product losses associated with consumer withhold PII from public view, the Safety Commission, 4330 East-West products. Section 5(b) of the CPSA, 15 USPTO cannot guarantee that it will be Highway, Bethesda, MD 20814; U.S.C. 2054(b), further provides that able to do so. telephone: (301) 504–7479. CPSC may conduct research, studies, Alternatively, as a temporary option and investigations on the safety of Kimberly Hardy, during the COVID–19 pandemic, you consumer products, and develop Information Collections Officer, Office of the may email such submissions to: cpsc- product safety test methods and testing Chief Administrative Officer, United States [email protected]. devices. Patent and Trademark Office. Instructions: All submissions must CPSC proposes to conduct an online [FR Doc. 2021–15875 Filed 7–23–21; 8:45 am] include the agency name and docket survey to gather data on consumer risk BILLING CODE 3510–16–P number for this notice. CPSC may post perception and response to hazard all comments received without change, communications from 5,000 including any personal identifiers, respondents. The study population will CONSUMER PRODUCT SAFETY contact information, or other personal be comprised of individuals age 18 and COMMISSION information provided, to: https:// over from across the United States. In www.regulations.gov. Do not submit this proposed survey, CPSC seeks [Docket No. CPSC–2021–0020] electronically: Confidential business information about consumer product information, trade secret information, or use, including, but not limited to, the Agency Information Collection other sensitive or protected information following topics: Activities; Proposed Collection; that you do not want to be available to • Consumers’ beliefs, experiences, Comment Request; Hazard Warning the public. If you wish to submit such and tendencies regarding product safety; Communication Survey information, please submit it according • whether consumers pay attention to to the instructions for mail/hand instructions that come with products; AGENCY: Consumer Product Safety delivery/courier written submissions. • whether consumers read safety Commission. Docket: For access to the docket to information and labels; ACTION: Notice. read background documents or • to what extent consumers comply comments received, go to: https:// with safety messages; SUMMARY: The Consumer Product Safety www.regulations.gov, insert Docket No. • how product type influences Commission (CPSC) is announcing an CPSC–2021–0020 into the ‘‘Search’’ box, consumers’ attitude and behavior; opportunity for public comment on a and follow the prompts. A copy of the • what information resources new proposed collection of information proposed survey is available at: http:// consumers rely on before buying a by the agency. Under the Paperwork www.regulations.gov under Docket No. product; • Reduction Act of 1995 (PRA), federal CPSC–2021–0020, Supporting and how product safety ranks among agencies are required to publish notice Related Material. other factors consumers consider; in the Federal Register for each • reasons consumers comply or do FOR FURTHER INFORMATION CONTACT: proposed collection of information, and not comply with the safety messages; Cynthia Gillham, Consumer Product to allow 60 days for public comment in and response to the notice. This notice Safety Commission, 4330 East-West • how consumers respond if they solicits comments on a proposed survey Highway, Bethesda, MD 20814; (301) encounter a safety recall of the product to assess how hazard warnings are 504–7991, or by email to: cgillham@ they own. communicated to consumers. The cpsc.gov. CPSC has contracted with Carahsoft/ Commission will consider all comments SUPPLEMENTARY INFORMATION: Under the Qualtrics, to develop and execute this received in response to this notice PRA (44 U.S.C. 3501–3520), federal project for CPSC. Information obtained before submitting this collection of agencies must obtain approval from through this survey is not intended to be information to the Office of OMB for each collection of information considered nationally representative.

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The panel provider will monitor C. Request for Comments Consolidated Appropriations Act, titled, respondents, and if a particular CPSC invites comments on these ‘‘Service Contract Inventory demographic is trending highly, the topics: Requirement,’’ requires agencies to panel provider will slow down the • Whether the proposed collection of submit to the Office of Management and sample for that segment and will focus information is necessary for the proper Budget (OMB), an annual inventory of on obtaining responses from others to performance of CPSC’s functions, service contracts awarded or extended ensure recruitment for U.S. census- including whether the information will through the exercise of an option on or matched survey participants from the have practical utility; after April 1, 2010, and describes the Midwest, Northeast, South, and West • The accuracy of CPSC’s estimate of contents of the inventory. The contents regions. The panel provider will also the burden of the proposed collection of of the inventory must include: monitor respondents to ensure that information, including the validity of (A) A description of the services underserved populations are the methodology and assumptions used; purchased by the executive agency and represented in the sample and that • Ways to enhance the quality, utility, the role the services played in achieving insights are collected from a diverse and clarity of the information to be agency objectives, regardless of whether population. collected; and such a purchase was made through a • contract or task order; CPSC intends to use the study Ways to minimize the burden of the (B) The organizational component of findings to develop a better collection of information on the executive agency administering the understanding of the mechanisms and respondents, including through the use contract, and the organizational types of safety messages that consumers of automated collection techniques, component of the agency whose receive, how they respond, and what when appropriate, and other forms of requirements are being met through affects their response. Specifically, information technology. contractor performance of the service; responses to the items in this survey Alberta E. Mills, (C) The total dollar amount obligated will provide CPSC staff with Secretary, Consumer Product Safety for services under the contract and the information on whether consumers read Commission. funding source for the contract; and comply with various types of safety [FR Doc. 2021–15841 Filed 7–23–21; 8:45 am] (D) The total dollar amount invoiced information that comes with products BILLING CODE 6355–01–P for services under the contract; they use; the causes of consumer (E) The contract type and date of noncompliance with product safety award; information; whether consumers share CONSUMER PRODUCT SAFETY (F) The name of the contractor and product safety information with other COMMISSION place of performance; users of their products; what sources of (G) The number and work location of information they rely on to decide if a Public Availability of Consumer Product Safety Commission FY 2019 contractor and subcontractor employees, product is safe to use; whether safety is expressed as full-time equivalents for a priority in their purchasing decisions; Service Contract Inventory, FY 2018 Service Contract Inventory Analysis, direct labor, compensated under the how they responded to safety notices contract; and recalls in the past; reasons for and Plan for FY 2019 Inventory Analysis (H) Whether the contract is a personal noncompliance with safety notices and services contract; and recalls; and if and how the product type AGENCY: Consumer Product Safety (I) Whether the contract was awarded affects their risk perception and Commission. on a noncompetitive basis, regardless of behaviors. Findings from this survey ACTION: Notice. date of award. will provide CPSC with information on Section 743(a)(3)(A) through (I) of the ways to increase consumer SUMMARY: The Consumer Product Safety Consolidated Appropriations Act. understanding of, and adherence to, Commission (CPSC), in accordance with Section 743(c) of the Consolidated safety messaging and help CPSC section 743(c) of Division C of the Appropriations Act requires agencies to develop more effective messaging that Consolidated Appropriations Act, 2010, ‘‘publish in the Federal Register a will convey critical information about is announcing the availability of CPSC’s notice that the inventory is available to product hazards. service contract inventory for fiscal year the public.’’ (FY) 2019, CPSC’s FY 2018 service B. Burden Hours Consequently, through this notice, we contract inventory analysis, and the are announcing that the CPSC’s service We estimate the number of plan for analyzing CPSC’s FY 2019 contract inventory for FY 2019 is respondents to the survey to be 5,000. service contract inventory. The FY 2019 available to the public. The inventory The online survey for the proposed inventory provides information on provides information on service contract study will take approximately 15 service contract actions that exceeded actions of more than $25,000 that the minutes (0.25 hours) to complete. We $25,000 that CPSC made in FY 2019. CPSC made in FY 2019. The estimate the total annual burden hours FOR FURTHER INFORMATION CONTACT: information is organized by function to for respondents to be 1,250 hours. The Eddie Ahmad, Procurement Analyst, show how contracted resources are monetized hourly cost is $38.60, as Division of Procurement Services, distributed throughout the CPSC. OMB defined by total compensation for all Division of Procurement Services, U.S. posted a consolidated government-wide civilian workers, U.S. Bureau of Labor Consumer Product Safety Commission, Service Contract Inventory for FY 2019 Statistics, Employer Costs for Employee 4330 East-West Highway, Bethesda, MD at https://www.acquisition.gov/service- Compensation, as of December 2020. 20814. Telephone: 301–504–7884; contract-inventory. You can access the Accordingly, we estimate the total cost email: [email protected]. CPSC’s inventories by limiting the burden to be $48,250 (1,250 hours × SUPPLEMENTARY INFORMATION: On ‘‘Contracting Agency Name’’ field on $38.60). The total cost to the federal December 16, 2009, the Consolidated each spreadsheet to ‘‘Consumer Product government for the contract to design Appropriations Act, 2010 (Consolidated Safety Commission.’’ and conduct the proposed survey is Appropriations Act), Public Law 111– Additionally, CPSC’s Division of $150,978. 117, became law. Section 743(a) of the Procurement Services has posted

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CPSC’s FY 2018 service contract number and title for this Federal DEPARTMENT OF DEFENSE inventory analysis and the plan for Register document. The general policy analyzing the FY 2019 inventory on for comments and other submissions Office of the Secretary CPSC’s homepage at the following link: from members of the public is to make [Docket ID: DoD–2021–OS–0075] https://www.cpsc.gov/Agency-Reports/ these submissions available for public Service-Contract-Inventory. The FY viewing on the internet at http:// Proposed Collection; Comment 2018 inventory analysis was developed www.regulations.gov as they are Request in accordance with guidance issued on received without change, including any October 17, 2016 by the Office of personal identifiers or contact AGENCY: Washington Headquarters Management and Budget (OMB), Office information. Services, Department of Defense (DoD). of Procurement Policy (OFPP). ACTION: Information collection notice. FOR FURTHER INFORMATION CONTACT: To Alberta E. Mills, request more information on this SUMMARY: In compliance with the Secretary, Consumer Product Safety proposed information collection or to Paperwork Reduction Act of 1995, the Commission. obtain a copy of the proposal and Office of the Director of Administration [FR Doc. 2021–15813 Filed 7–23–21; 8:45 am] associated collection instruments, and Management announces a proposed BILLING CODE 6355–01–P please write to Ms. Angela Duncan at public information collection and seeks the Department of Defense, Washington public comment on the provisions Headquarters Services, ATTN: thereof. Comments are invited on: DEPARTMENT OF DEFENSE Executive Services Directorate, Whether the proposed collection of Directives Division, 4800 Mark Center information is necessary for the proper Department of the Air Force Drive, Suite 03F09–09, Alexandria, VA performance of the functions of the 22350–3100 or call 571–372–7574. agency, including whether the [Docket ID: USAF–2021–HQ–0004] information shall have practical utility; SUPPLEMENTARY INFORMATION: the accuracy of the agency’s estimate of Proposed Collection; Comment the burden of the proposed information Request Title; Associated Form; and OMB Number: Department of Defense collection; ways to enhance the quality, AGENCY: Department of the Air Force, National Defense Science and utility, and clarity of the information to Department of Defense (DoD). Engineering Graduate (NDSEG) be collected; and ways to minimize the ACTION: Information collection notice. Fellowships Program; OMB Control burden of the information collection on Number 0701–0154. respondents, including through the use SUMMARY: of automated collection techniques or In compliance with the Needs and Uses: The National other forms of information technology. Paperwork Reduction Act of 1995, the Defense Science and Engineering (S&E) Department of the Air Force announces Graduate (NDSEG) Fellowships program DATES: Consideration will be given to all a proposed public information provides 3-year fellowships to students comments received by September 24, collection and seeks public comment on enrolled in Ph.D. programs of interest to 2021. the provisions thereof. Comments are DoD. Awards are under the authority of ADDRESSES: You may submit comments, invited on: Whether the proposed 10 U.S.C. 2191. The request for identified by docket number and title, collection of information is necessary applications is necessary to screen by any of the following methods: for the proper performance of the applicants and to evaluate and select Federal eRulemaking Portal: http:// functions of the agency, including students to award fellowships. www.regulations.gov. Follow the whether the information shall have Information is used by the American instructions for submitting comments. practical utility; the accuracy of the Society for Engineering Education Mail: DoD cannot receive written agency’s estimate of the burden of the (ASEE), the contractor selected to comments at this time due to the proposed information collection; ways administer the program, to down-select COVID–19 pandemic. Comments should to enhance the quality, utility, and the eligible applicants by means of a be sent electronically to the docket clarity of the information to be peer review panel. The information is listed above. collected; and ways to minimize the also used by scientists of the Air Force, Instructions: All submissions received burden of the information collection on Army, and Navy, to make the final must include the agency name, docket respondents, including through the use selection of awardees. number and title for this Federal of automated collection techniques or Register document. The general policy Affected Public: Individuals or other forms of information technology. for comments and other submissions households. DATES: Consideration will be given to all from members of the public is to make comments received by September 24, Annual Burden Hours: 42,924 hours. these submissions available for public 2021. Number of Respondents: 3,577. viewing on the internet at http:// www.regulations.gov as they are ADDRESSES: You may submit comments, Responses per Respondent: 1. received without change, including any identified by docket number and title, Annual Responses: 3,577. by any of the following methods: personal identifiers or contact Federal eRulemaking Portal: http:// Average Burden per Response: 12 information. www.regulations.gov. Follow the hours. FOR FURTHER INFORMATION CONTACT: To instructions for submitting comments. Frequency: Annually. request more information on this Mail: DoD cannot receive written proposed information collection or to Dated: July 20, 2021. comments at this time due to the obtain a copy of the proposal and COVID–19 pandemic. Comments should Aaron T. Siegel, associated collection instruments, be sent electronically to the docket Alternate OSD Federal Register, Liaison please write to the Office of Information listed above. Officer, Department of Defense. Management, ATTN: Ms. Angela Instructions: All submissions received [FR Doc. 2021–15765 Filed 7–23–21; 8:45 am] Duncan; Executive Services Directorate, must include the agency name, docket BILLING CODE 5001–06–P Directives Division, 4800 Mark Center

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Drive, Suite 03F09–09, Alexandria, VA ‘‘Only Show ICR for Public Comment’’ Dated: July 20, 2021. 22350–3100 or call 571–372–7574. checkbox. Comments may also be sent Kate Mullan, SUPPLEMENTARY INFORMATION: to [email protected]. PRA Coordinator, Strategic Collections and Title; Associated Form; and OMB FOR FURTHER INFORMATION CONTACT: For Clearance Governance and Strategy Division, Number: Generic Clearance for DoD specific questions related to collection Office of Chief Data Officer, Office of Census and Pulse Surveys; OMB Control activities, please contact Melissa Siry, Planning, Evaluation and Policy Development. Number 0704–DPCS. (202) 260–0926. Needs and Uses: The proposed SUPPLEMENTARY INFORMATION: The [FR Doc. 2021–15789 Filed 7–23–21; 8:45 am] information collection activity provides Department of Education (ED), in BILLING CODE 4000–01–P the agency a means to conduct censuses accordance with the Paperwork (including pulse and climate surveys) of Reduction Act of 1995 (PRA) (44 U.S.C. DEPARTMENT OF EDUCATION DoD components and programs. The 3506(c)(2)(A)), provides the general data collected will be used by the DoD public and Federal agencies with an Applications for New Awards; Training to identify and address internal issues. opportunity to comment on proposed, of Interpreters for Individuals Who Are Collection activities cleared under this revised, and continuing collections of Deaf or Hard of Hearing and generic vehicle will be non- information. This helps the Department Individuals Who Are DeafBlind controversial and low burden for assess the impact of its information Program respondents. The data collected will not collection requirements and minimize be made public. the public’s reporting burden. It also AGENCY: Office of Special Education and Affected Public: Individuals or helps the public understand the Rehabilitative Services, Department of households, Federal government. Department’s information collection Education. Annual Burden Hours: 50,000. requirements and provide the requested ACTION: Notice. Number of Respondents: 300,000. data in the desired format. ED is Responses per Respondent: 1. soliciting comments on the proposed SUMMARY: The Department of Education Annual Responses: 300,000. information collection request (ICR) that (Department) is issuing a notice inviting Average Burden per Response: 10 is described below. The Department of applications for Federal fiscal year minutes. Education is especially interested in (FFY) 2021 for Individuals Who Are Frequency: On occasion. public comment addressing the Deaf or Hard of Hearing and Individuals following issues: (1) Is this collection Who Are DeafBlind program— Dated: July 20, 2021. necessary to the proper functions of the Assistance Listing Number 84.160D—to Aaron T. Siegel, Department; (2) will this information be provide training to working interpreters Alternate OSD Federal Register, Liaison processed and used in a timely manner; in order to develop a new skill area or Officer, Department of Defense. (3) is the estimate of burden accurate; enhance an existing skill area. This [FR Doc. 2021–15771 Filed 7–23–21; 8:45 am] (4) how might the Department enhance notice relates to the approved BILLING CODE 5001–06–P the quality, utility, and clarity of the information collection under OMB information to be collected; and (5) how control number 1820–0018. might the Department minimize the DATES: DEPARTMENT OF EDUCATION burden of this collection on the Applications Available: July 26, 2021. respondents, including through the use [Docket No. ED–2021–SCC–0032] Deadline for Transmittal of of information technology. Please note Applications: August 30, 2021. Agency Information Collection that written comments received in Date of Pre-Application Meeting: On Activities; Submission to the Office of response to this notice will be the date of publication in the Federal Management and Budget for Review considered public records. Register, the Office of Special Education Title of Collection: Title I, Part A and Approval; Comment Request; Title and Rehabilitative Services (OSERS) Accountability Waiver Requests for I, Part A Accountability Waiver will post a PowerPoint presentation that School Year 2020–2021. Requests for School Year 2020–2021 provides general information about the OMB Control Number: 1810–0752. Rehabilitation Services Administration’s Type of Review: Extension without AGENCY: Office of Elementary and (RSA) discretionary grants and a change of a currently approved Secondary Education (OESE), PowerPoint presentation specifically Department of Education (ED). collection. Respondents/Affected Public: State, about Training of Interpreters for ACTION: Notice. Local, and Tribal Governments. Individuals Who Are Deaf or Hard of Total Estimated Number of Annual Hearing and Individuals Who Are SUMMARY: In accordance with the DeafBlind at https://ncrtm.ed.gov/ Paperwork Reduction Act of 1995, ED is Responses: 53. Total Estimated Number of Annual RSAGrantInfo.aspx. OSERS will proposing an extension without change Burden Hours: 159. conduct a pre-application meeting via of a currently approved collection. Abstract: This is a request for conference call on July 30, 2021. Details DATES: Interested persons are invited to extension of this collection. On about the pre-application meeting will submit comments on or before August February 22, 2021 the U.S. Department be available at https://ncrtm.ed.gov/ 25, 2021. of Education (the Department) invited RSAGrantInfo.aspx. OSERS invites you ADDRESSES: Written comments and waivers for the 2020–2021 school year to send questions to [email protected] in recommendations for proposed of accountability, school identification, advance of the pre-application meeting. information collection requests should and related reporting requirements The 84.160D pre-application meeting be sent within 30 days of publication of under Title I of the Elementary and summary of questions and answers will this notice to www.reginfo.gov/public/ Secondary Education Act of 1965, as be available at https://ncrtm.ed.gov/ do/PRAMain. Find this information amended by the Every Student Succeeds RSAGrantInfo.aspx within six days after collection request by selecting Act (ESEA), pursuant to the the pre-application meeting. ‘‘Department of Education’’ under Department’s authority under section ADDRESSES: For the addresses for ‘‘Currently Under Review,’’ then check 8401 of the ESEA. obtaining and submitting an

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application, please refer to our Common The purpose of this priority is to fund (2) Present baseline data for the Instructions for Applicants to projects that provide training to working number or estimated number of working Department of Education Discretionary interpreters in one of five specialty areas interpreters currently trained in the Grant Programs, published in the to effectively meet the communication specialty area. In the event that an Federal Register on February 13, 2019 needs of individuals who are deaf or applicant proposes training in a new (84 FR 3768) and available at hard of hearing and individuals who are specialty area that does not currently www.govinfo.gov/content/pkg/FR-2019- DeafBlind receiving vocational exist or for which there are no baseline 02-13/pdf/2019-02206.pdf. rehabilitation (VR) services and/or data, the applicant should provide an FOR FURTHER INFORMATION CONTACT: services from other programs, such as adequate explanation of the lack of Kristen Rhinehart-Fernandez, U.S. independent living services, under the reliable data and may report zero as a Department of Education, 400 Maryland Rehabilitation Act of 1973 baseline; and Avenue SW, Room 5094, Potomac (Rehabilitation Act). For the purposes of (3) Describe the competencies that Center Plaza, Washington, DC 20202– this priority, working interpreters must working interpreters must demonstrate 2800. Telephone (202) 245–6103. Email: possess a baccalaureate degree and a in order to provide high-quality services [email protected]. minimum of three years of relevant in the identified specialty area and If you use a telecommunications experience as an interpreter. On a case- explain how those competencies are device for the deaf (TDD) or a text by-case basis and in consultation with based on practices that demonstrate a telephone (TTY), call the Federal Relay RSA, educational equivalence may be rationale or are supported by promising Service (FRS), toll free, at 1–800–877– used in place of the baccalaureate evidence (as defined in 34 CFR 77.1). 8339. degree. (b) Demonstrate, in the narrative section of the application under SUPPLEMENTARY INFORMATION: The specialty areas are— (1) Increasing skills of novice ‘‘Quality of Project Design,’’ how the Full Text of Announcement interpreters; proposed project will— (1) Develop a new training program or (2) Trilingual interpreting (including I. Funding Opportunity Description stand-alone modules and conduct a Spanish) (i.e., language fluency in first, pilot by the end of the first year of the Purpose of Program: The Training of second, and third languages with one of project. Applicants must provide Interpreters for Individuals Who Are the three languages being ASL); Deaf or Hard of Hearing and Individuals justification in their application if they (3) Advanced skills for working believe additional time may be Who Are DeafBlind program is designed interpreters; to establish interpreter training necessary to fully develop and pilot the (4) Cultural competency training, programs or to provide financial curricula before the end of the first year. outreach, and recruitment of assistance for ongoing interpreter The training program or stand-alone interpreters from multicultural programs to train a sufficient number of modules must contain remote learning 1 backgrounds; and qualified interpreters throughout the experiences that advance engagement (5) National projects in a field- country in order to meet the and learning (e.g., synchronous and initiated area, in topic areas such as— communication needs of individuals asynchronous professional learning, (a) Interpreting in healthcare, who are deaf or hard of hearing and professional learning networks or including interpreting for hard-to-serve individuals who are DeafBlind by— communities, and coaching), which (a) Training interpreters to effectively populations; could also be incorporated into existing interpret and transliterate between (b) Interpreting for individuals who associate, baccalaureate, or graduate spoken language and sign language and are DeafBlind; degree ASL-English (or ASL-other to transliterate between spoken language (c) Atypical language interpreting; spoken language) programs, as and oral or tactile modes of and appropriate. The remote learning communication; (d) Other topics in new areas for environment must be accessible to (b) Ensuring the maintenance of the which applicants demonstrate that the individuals with disabilities in interpreting skills of qualified existing training is not adequately accordance with Section 504 of the interpreters; and meeting the needs of interpreters Rehabilitation Act of 1973 and Title II (c) Providing opportunities for working in the field of VR. of the Americans with Disabilities Act, interpreters to raise their skill level Application Requirements: as applicable. Applicants may choose to competence in order to meet the highest The following application award continuing education credits standards approved by certifying requirements apply to all specialty areas (CEUs) or college or master’s level associations. under this priority. The Department credits to participants in the training Priority: This notice contains one encourages innovative approaches to program. Applicants should note that absolute priority. In accordance with 34 meet these requirements. Applicants while pre-service training is not the CFR 75.105(b)(2)(v), the absolute must— focus of this program, a variety of priority is from the notice of final (a) Demonstrate, in the narrative resources may be considered (such as priority and requirements (NFP) for this section of the application under available pre-service training material) program published elsewhere in this ‘‘Significance of the Project,’’ how the that may inform, support, or strengthen issue of the Federal Register. proposed project will address the need the development of training for ASL- Absolute Priority: For FFY 2021, and for sign language interpreters in a English interpreter training in any subsequent year in which we make specialty area. To address this specialized areas. Training materials awards from the list of unfunded requirement, applicants must— may include information to ensure applications from this competition, this (1) Present applicable data priority is an absolute priority. Under 34 demonstrating the need for interpreters 1 Remote learning means programming where at CFR 75.105(c)(3), we consider only in the specialty area for which training least part of the learning occurs away from the applications that meet this priority. will be developed by the project and physical building in a manner that addresses a delivered in at least three distinct, learner’s educational needs. Remote learning may This priority is: include online, hybrid/blended learning, or non- Interpreter Training in Specialty noncontiguous geographic areas, which technology-based learning (e.g., lab kits, project Areas. may include the U.S. Territories; supplies, paper packets).

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participants have a foundational with limited language skills to those (8) Demonstrate how the project is of understanding of the VR program. with high-level, professional language sufficient scope, intensity, and duration Finally, applicants must consider skills, as appropriate. to adequately prepare working cultural competency as it relates to their (c) In the narrative section of the interpreters in the identified specialty respective specialty area. Applicants application under ‘‘Quality of Project area of training. To address this must describe how training and Services,’’ applicants must— requirement, applicants must describe accompanying materials developed for (1) Demonstrate how the project will how— interpreting practice and application, ensure equal access and treatment for (i) The components of the proposed especially video content, will include eligible project participants who are project will support working diverse and inclusive models and members of groups who have interpreters’ acquisition and perspectives; traditionally been underrepresented enhancement of the competencies (2) Deliver the training or stand-alone based on race, color, national origin, identified in paragraph (a)(2)(i) of these modules remotely to at least three gender, age, or disability; application requirements; distinct, noncontiguous geographic (2) Describe the criteria that will be (ii) The components of the project areas identified in paragraph (a)(1) of used to identify applicants for will provide working interpreters these application requirements in years participation in the program, including opportunities to apply their content two, three, four, and five of the project. any pre-assessments that may be used to knowledge in a variety of practical Applicants may deliver in-person determine the skill, knowledge base, settings; training, as appropriate, to support and competencies of the working (iii) The proposed project will participants’ application of knowledge, interpreter; establish induction experiences in the skills, and competencies gained through (3) Describe how the project will specialty area for participants as a online training. Applicants may decide conduct outreach 2 to working requirement for completion in the when to safely offer in-person training interpreters, especially working training program, to the extent possible. and must be prepared to pivot between interpreters from rural areas, Indian The induction environment must be in-person and remote learning during Tribes, traditionally underrepresented designed in such a way that meets the the project, as needed, throughout the groups, and individuals who come from communication preferences of duration of the COVID–19 pandemic; heritage signing, deaf, and CODA individuals who are deaf, hard of (3) Provide skilled, diverse, and backgrounds; hearing, and DeafBlind. Applicants experienced leaders, mentors, (4) Describe how the project will must be prepared to pivot between in- facilitators, coaches, and subject matter provide feedback, resources, and next person and remote inductions during experts, as appropriate for the specialty steps to applicants who may not be the project, as needed, throughout the area, to participants, as needed. This accepted into the program due to duration of the COVID–19 pandemic. may include, but is not limited to, one- insufficient skills, knowledge base, and The number of participants completing on-one instruction to address specific competencies; inductions may be based on availability areas identified by an advisor as (5) Describe how the program will of opportunities and trained personnel needing further practice, and providing identify skilled, diverse, and necessary to support them. Applicants written feedback from observed experienced leaders, mentors, may determine the appropriate scope interpreting situations and mentoring facilitators, coaches, and subject matter and length of time for the induction and sessions, from deaf consumers, from experts, as appropriate for the specialty must work to increase the availability of trained mentors, and from others, as area, and develop necessary training for inductions in their respective specialty appropriate; them to improve and enhance area, where possible; (4) Develop a self-directed track and interpreting skills in their respective (9) Demonstrate how the proposed make it available to the public for areas, as well as in remote delivery, as project will actively engage independent remote learning by the end needed. Applicants must also describe representation from consumers, of the second year of the project. how they will grow the pool of consumer organizations, and service Applicants must develop a curriculum experienced personnel and create providers, especially State VR agencies guide for each module and make opportunities for participants to and their partners, interpreters, available relevant materials from the advance as mentors, coaches, and interpreter educators, and individuals training program. Applicants may offer facilitators in the program; who are deaf, hard of hearing, and CEUs to participants who successfully (6) Describe the approach that will be DeafBlind, in all aspects of the project; complete the self-directed track; used to enable more working and (5) Be based on current research and interpreters to participate in and (10) Describe how the project will make use of practices that demonstrate successfully complete the training conduct dissemination, coordination, a rationale or are supported by program, specifically participants who and communication activities. To meet promising evidence. To meet this need to work while in the program, have this requirement, the applicant must requirement, applicants must describe— child care or elder care considerations, describe how it will— (i) How the proposed project will or live in geographically isolated areas; (i) Disseminate information to incorporate current research and (7) Describe how the project will working interpreters about training practices that demonstrate a rationale or incorporate adult learning principles available in specialized areas and to are supported by promising evidence in and practices that demonstrate a State VR agencies and their partners, the development and delivery of rationale or are supported by promising American Job Centers, and other training and in the development of evidence for adult learners; workforce partners about how to locate products and materials; specialized interpreters in their State (ii) How the proposed project will 2 When preparing outreach and recruitment and local areas; ensure interaction between project materials, selection criteria for training programs, as (ii) Establish a state-of-the-art website participants and individuals with well as criteria for selecting trainers employed or modify an existing website for under the grant, applicants must cast a wide net for communicating with participants and disabilities who are deaf, hard of participants of all races and not preclude hearing, and DeafBlind and have a range participation based on race, color, or national stakeholders and ensure that all material of communication skills, from those origin. developed by the grant and posted on

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the website are accessible to individuals others, as appropriate, to incorporate or progress data and assessing project with disabilities in accordance with build into existing programs. outcomes); and section 504 of the Rehabilitation Act (d) In the narrative section of the (9) How evaluation results will be and title II of the Americans with application under ‘‘Quality of the used to examine the effectiveness of the Disabilities Act, as applicable. The Evaluation Plan,’’ include an evaluation training. To address this requirement, website must provide a central location plan. To meet this requirement, the applicants must provide an approach for for all material related to the project, evaluation plan must describe— determining— such as reports, training curricula, (1) Standards and targets for (i) What practice(s) was most effective audiovisual materials, webinars, measuring the effectiveness of the in training working interpreters in the communities of practice, and other program; respective specialty area and what data relevant material developed by the (2) An approach for measuring demonstrates the practice(s) was grantee; knowledge, skills, and competencies effective; and (iii) Disseminate information about before and after successful completion (ii) What practice(s) was most the project, including, but not limited of training; effective in narrowing working to, products such as training curricula, (3) An approach for measuring interpreters’ skill gaps and what data presentations, reports, effective outcomes for participants that demonstrates the practice(s) was practices for training working completed an induction compared to effective. interpreters in specialized areas, and those who did not prior to successfully (e) Demonstrate, in the narrative other relevant information through the completing the program; section of the application under (4) An approach for gathering NCRTM; ‘‘Adequacy of Project Resources,’’ information from participants about (iv) In the final year of the budget how— their estimated percentage of workload period, ensure that all training materials (1) The proposed project will interpreting for individuals who are have been provided to the NCRTM and encourage applications for employment deaf or hard of hearing and individuals the website and IT platform can be with the project from persons who are who are DeafBlind receiving VR services sustained, or coordinate with RSA to members of groups that have and/or services from other programs, transition the website to the NCRTM; historically been underrepresented such as independent living services, based on race, color, national origin, (v) Establish one or more before and after specialty training; communities of practice in the specialty gender, age, or disability; (5) An approach for incorporating oral (2) Describe any proposed consultants area of training that focuses on project and written feedback from trainers and or contractors named in the application activities and acts as a vehicle for deaf consumers and any feedback from and their areas of expertise and provide communication and exchange of coaching or mentoring sessions a rationale to demonstrate the need; information among participants in the conducted with the participants; (3) Describe costs associated with program and other relevant (6) Methodologies, including technology, including, but not limited stakeholders; instruments, data collection methods, to, maintaining an online learning (vi) Communicate, collaborate, and and analyses that will be used to platform, state-of-the-art archiving and coordinate with other relevant evaluate the project and how the dissemination platform, and Department-funded projects, as methods of evaluation will produce communication tools (i.e., Microsoft applicable; quantitative and qualitative data to Teams, Zoom, Google, Amazon Chime, (vii) Maintain ongoing demonstrate whether the project Skype, etc.), ensuring all products and communication with the RSA project activities achieved their intended services are accessible to individuals officer and other RSA staff as required; outcomes; with disabilities in accordance with (viii) Communicate, collaborate, and (7) Measures of progress in section 504 of the Rehabilitation Act coordinate, as appropriate, with key implementation, including the extent to and title II of the Americans with staff in State VR agencies, such as the which the project activities and Disabilities Act, as applicable, including State Coordinators for the Deaf; State products have reached their intended costs associated with captioning and and local partner programs; consumer recipients, measures of intended transcription services, and organizations and associations, outcomes or results in order to evaluate cybersecurity; and including those that represent those activities, and how well the goals (4) The applicant and any identified individuals who are deaf, hard of and objectives of the proposed project, partners have adequate resources to hearing, and DeafBlind; and relevant as described in the logic model (as carry out the proposed activities. RSA partner organizations and defined in 34 CFR 77.1), have been met; (f) Demonstrate, in the narrative associations; and (8) How the evaluation will be section of the application under (ix) Disseminate to associate, coordinated, implemented, and revised, ‘‘Quality of the Management Plan,’’ how baccalaureate, or graduate degree ASL- as needed, during the project. The applicants will ensure that— English programs, as well as to relevant applicant must designate at least one (1) The project’s intended outcomes, Department-funded programs and individual with sufficient dedicated including the evaluation, will be Federal partners, as applicable, the time, demonstrated experience in achieved on time and within budget, training material and products for evaluation, and knowledge of the through— incorporation into existing curricula, as project to coordinate and conduct the (i) Clearly defined responsibilities of well as products, effective practices for evaluation. This may include, but is not key project personnel, consultants, and training working interpreters in limited to, making revisions post award contractors, as applicable; specialized areas, challenges and in order to reflect any changes or (ii) Procedures to track and ensure solutions, results achieved, and lessons clarifications, as needed, to the model completion of the action steps, learned. To satisfy this requirement, the and to the evaluation design and timelines, and milestones established grantee must develop participant instrumentation with the logic model for key project activities, requirements, guides, implementation materials, (e.g., designing instruments and and deliverables; toolkits, manuals, and other relevant developing quantitative or qualitative (iii) Internal monitoring processes to material for interpreter educators and data collections that permit collecting of ensure that the project is being

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implemented in accordance with the Suspension (Nonprocurement) in 2 CFR In deciding whether to continue established application and project part 180, as adopted and amended as funding the fourth and fifth years, the plan; and regulations of the Department in 2 CFR Department will consider the (iv) Internal financial management part 3485. (c) The Uniform requirements of 34 CFR 75.253(a). In controls to ensure accurate and timely Administrative Requirements, Cost addition, as part of the review of the obligations, drawdowns, and reporting Principles, and Audit Requirements for application narrative and annual of grant funds, as well as monitoring Federal Awards in 2 CFR part 200, as performance reports, RSA will consider contracts, in accordance with the adopted and amended as regulations of the degree to which the program Uniform Administrative Requirements, the Department in 2 CFR part 3474. (d) demonstrates substantial progress Cost Principles, and Audit The regulations for this program in 34 toward completing project activities Requirements for Federal Awards at 2 CFR part 396. (e) The NFP. outlined in the priority, as well as the CFR part 200 and the terms and Note: The regulations in 34 CFR part timeliness and effectiveness with which conditions of the Federal award. 79 apply to all applicants except all requirements of the grant award have (2) The allocation of key project federally recognized Indian Tribes. been or are being met by the grantee, personnel, consultants, and contractors, Note: The regulations in 34 CFR part including the submission of annual as applicable, including levels of effort 86 apply to institutions of higher performance reports, and adherence to of key personnel that are appropriate education only. fiduciary responsibilities related to the and adequate to achieve the project’s budget submitted in the application per II. Award Information intended outcomes, including an 2 CFR part 200, ‘‘Uniform assurance that key personnel will have Type of Award: Discretionary grants. Administrative Requirements, Cost enough availability to ensure timely Estimated Available Funds: Principles, and Audit Requirements for communications with stakeholders and $3,360,000. Federal Awards,’’ and the Education RSA; Maximum Award: We will not make Department General Administrative (3) The products and services are of an award exceeding $420,000 for a Regulations. single budget period of 12 months. high quality, relevance, and usefulness, III. Eligibility Information in both content and delivery; Estimated Number of Awards: 8. (4) The proposed project will benefit Contingent upon the availability of 1. Eligible Applicants: State and from a diversity of perspectives; and funds and the quality of applications, public or nonprofit agencies and (5) Projects will be awarded and must we may make additional awards in organizations, including American be operated in a manner consistent with subsequent years from the list of Indian Tribes and IHEs. nondiscrimination requirements unfunded applications from this Note: If you are a nonprofit contained in the Federal civil rights competition. organization, under 34 CFR 75.51, you laws. The Secretary intends to fund a total may demonstrate your nonprofit status (g) Address the following application of eight national projects in FFY 2021. by providing: (1) Proof that the Internal requirements. Applicants must— The Secretary intends to fund one Revenue Service currently recognizes (1) Include, in Appendix A, a logic project in each specialty area, (1) the applicant as an organization to model that depicts, at a minimum, the through (4), listed under the Absolute which contributions are tax deductible goals, activities, outputs, and short and Priority section of this notice, provided under section 501(c)(3) of the Internal long-term outcomes of the proposed that we receive applications of sufficient Revenue Code; (2) a statement from a project; quality. In addition, the Secretary State taxing body or the State attorney (2) Include, in Appendix A, person- intends to fund four projects in general certifying that the organization loading charts and timelines, as specialty area (5). As a result, the is a nonprofit organization operating applicable, to illustrate the management Secretary may fund applications out of within the State and that no part of its plan described in the narrative; and rank order. In the event that there are no net earnings may lawfully benefit any (3) Provide an assurance that any applications submitted or deemed private shareholder or individual; (3) a interpreters trained or retrained under eligible to fund in specialty areas (1) certified copy of the applicant’s this program will meet the standards of through (4), the Secretary may fund certificate of incorporation or similar competency for a qualified professional, more than four projects in specialty area document if it clearly establishes the defined in 34 CFR 396.4(c) as an (5). nonprofit status of the applicant; or (4) individual who has: (i) Met existing Note: Section 302(f)(1)(C) of the any item described above if that item certification or evaluation requirements Rehabilitation Act and 34 CFR 396.33 applies to a State or national parent equivalent to the highest standards require the Secretary to give priority to organization, together with a statement approved by certifying associations; and public or private nonprofit agencies or by the State or parent organization that (ii) successfully demonstrated organizations with existing programs the applicant is a local nonprofit interpreting skills that reflect the that have a demonstrated capacity for affiliate. highest standards approved by providing interpreter training services. 2. a. Cost Sharing or Matching: This certifying associations through prior In the event of a peer review score tie program does not require cost sharing or work experience. and sufficient funding is only available matching. Program Authority: 29 U.S.C. 709(c) to make one additional award, the b. Indirect Cost Rate Information: This and 772(a) and (f). Secretary will give priority to a public program uses an unrestricted indirect Applicable Program Regulations: 34 or private nonprofit agency or cost rate. For more information CFR part 396. organization with an existing program regarding indirect costs, or to obtain a Applicable Regulations: (a) The that has a demonstrated capacity for negotiated indirect cost rate, please see Education Department General providing interpreter training services. www2.ed.gov/about/offices/list/ocfo/ Administrative Regulations in 34 CFR Note: The Department is not bound by intro.html. parts 75, 77, 79, 81, 82, 84, 86, and 99. any estimates in this notice. c. Administrative Cost Limitation: (b) The Office of Management and Project Period: Up to 60 months. This program does not include any Budget Guidelines to Agencies on Continuing the Fourth and Fifth Years program-specific limitation on Governmentwide Debarment and of the Program: administrative expenses. All

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administrative expenses must be limit the application narrative to no the design and management of the reasonable and necessary and conform more than 45 pages and (2) use the training project. to Cost Principles described in 2 CFR following standards: (b) Quality of the project design. (25 part 200 subpart E of the Uniform • A ‘‘page’’ is 8.5″ x 11″, on one side points) Guidance. only, with 1″ margins at the top, bottom, (1) The Secretary considers the 3. Subgrantees: A grantee under this and both sides. quality of the project design of the competition may not award subgrants to • Double space (no more than three proposed project. entities to directly carry out project lines per vertical inch) all text in the (2) In determining the quality of the activities described in its application. application narrative, including titles, design of the proposed project, the headings, footnotes, quotations, Secretary considers the following IV. Application and Submission factors: Information references, and captions, as well as all text in charts, tables, figures, and (i) The extent to which the goals, 1. Application Submission graphs. objectives, and outcomes to be achieved Instructions: Applicants are required to • Use a font that is either 12 point or by the proposed project are clearly follow the Common Instructions for larger or no smaller than 10 pitch specified and measurable. Applicants to Department of Education (characters per inch). (ii) The extent to which the design of Discretionary Grant Programs, • Use one of the following fonts: the proposed project includes a published in the Federal Register on Times New Roman, Courier, Courier thorough, high-quality review of the February 13, 2019 (84 FR 3768) and New, or Arial. relevant literature, a high-quality plan available at www.govinfo.gov/content/ The recommended page limit does not for project implementation, and the use pkg/FR-2019-02-13/pdf/2019-02206.pdf, apply to the cover sheet; the budget of appropriate methodological tools to which contain requirements and section, including the narrative budget ensure successful achievement of information on how to submit an justification; the assurances and project objectives. application. (iii) The extent to which the design certifications; or the one-page abstract, 2. Submission of Proprietary for implementing and evaluating the the resumes, the bibliography, or the Information: Given the types of projects proposed project will result in letters of support. However, the that may be proposed in applications for information to guide possible recommended page limit does apply to this program, your application may replication of project activities or all of the application narrative. include business information that you strategies, including information about consider proprietary. In 34 CFR 5.11 we V. Application Review Information the effectiveness of the approach or define ‘‘business information’’ and 1. Selection Criteria: The selection strategies employed by the project. describe the process we use in (c) Quality of project services. (15 criteria for this competition are a determining whether any of that points) combination of selection criteria under information is proprietary and, thus, (1) The Secretary considers the 34 CFR 396.31, 34 CFR 75.209, and 34 protected from disclosure under quality of services to be provided by the CFR 75.210, have a maximum score of Exemption 4 of the Freedom of proposed project. 100 points, and are as follows: Information Act (5 U.S.C. 552, as (2) In determining the quality of (a) Program-specific. (20 points) amended). project services, the Secretary considers Because we plan to make successful (1) The Secretary reviews each the quality and sufficiency of strategies applications available to the public, you application to determine the extent to for ensuring equal access and treatment may wish to request confidentiality of which— for eligible project participants who are business information. (i) The proposed interpreter training members of groups that have Consistent with Executive Order project was developed in consultation traditionally been underrepresented 12600, please designate in your with State Vocational Rehabilitation based on race, color, national origin, application any information that you agencies and their related agencies and gender, age, or disability. believe is exempt from disclosure under consumers; (3) In addition, the Secretary Exemption 4. In the appropriate (ii) The training is appropriate to the considers the extent to which the Appendix section of your application, needs of both individuals who are deaf training or professional development under ‘‘Other Attachments Form,’’ or hard of hearing and individuals who services to be provided by the proposed please list the page number or numbers are DeafBlind and to the needs of public project are of sufficient quality, on which we can find this information. and private agencies that provide intensity, and duration to lead to For additional information please see 34 services to either individuals who are improvements in practice among the CFR 5.11(c). deaf or hard of hearing or individuals recipients of those services. 3. Intergovernmental Review: This who are DeafBlind in the geographical (d) Quality of the project evaluation. program is subject to Executive Order area to be served by the training project; (20 points) 12372 and the regulations in 34 CFR (iii) Any curricula for the training of (1) The Secretary considers the part 79. However, under 34 CFR 79.8(a), interpreters includes evidence-based quality of the evaluation to be we waive intergovernmental review in practices and promising practices when conducted by the proposed project. order to make awards by the end of FY evidence-based practices are not (2) In determining the quality of the 2021. available; evaluation, the Secretary considers the 4. Funding Restrictions: We reference (iv) There is a working relationship following factors: regulations outlining funding between the interpreter training project (i) The extent to which the methods restrictions in the Applicable and State Vocational Rehabilitation of evaluation will provide performance Regulations section of this notice. agencies and their related agencies, and feedback and permit periodic 5. Recommended Page Limit: The consumers; and assessment of progress toward achieving application narrative is where you, the (v) There are opportunities for intended outcomes. applicant, address the selection criteria individuals who are deaf or hard of (ii) The extent to which the methods that reviewers use to evaluate your hearing and individuals who are of evaluation include the use of application. We recommend that you (1) DeafBlind to provide input regarding objective performance measures that are

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clearly related to the intended outcomes applicable to Federal civil rights laws objective process of evaluating Federal of the project and will produce that prohibit discrimination in programs award applications (2 CFR 200.205); quantitative and qualitative data to the or activities receiving Federal financial (b) Prohibiting the purchase of certain extent possible. assistance from the Department (34 CFR telecommunication and video (e) Quality of project personnel and 100.4, 104.5, 106.4, 108.8, and 110.23). surveillance services or equipment in adequacy of resources. (10 points) 3. Risk Assessment and Specific alignment with section 889 of the (1) The Secretary considers the Conditions: Consistent with 2 CFR National Defense Authorization Act of quality of personnel who will carry out 200.206, before awarding grants under 2019 (Pub. L. 115—232) (2 CFR the proposed project and the adequacy this competition the Department 200.216); of project resources for the proposed conducts a review of the risks posed by (c) Providing a preference, to the project. applicants. Under 2 CFR 200.208, the extent permitted by law, to maximize (2) In determining the quality of Secretary may impose specific use of goods, products, and materials project personnel and adequacy of conditions and, under 2 CFR 3474.10 in produced in the United States (2 CFR resources, the Secretary considers the appropriate circumstances, high-risk 200.322); and extent to which the applicant conditions on a grant if the applicant or (d) Terminating agreements in whole encourages applications for employment grantee is not financially stable; has a or in part to the greatest extent from persons who are members of history of unsatisfactory performance; authorized by law if an award no longer groups that have traditionally been has a financial or other management effectuates the program goals or agency underrepresented based on race, color, system that does not meet the standards priorities (2 CFR 200.340). in 2 CFR part 200, subpart D; has not national origin, gender, age, or VI. Award Administration Information disability. fulfilled the conditions of a prior grant; (3) In addition, the Secretary or is otherwise not responsible. 1. Award Notices: If your application considers the following factors: 4. Integrity and Performance System: is successful, we notify your U.S. (i) The qualifications, including If you are selected under this Representative and U.S. Senators and relevant training and experience, of key competition to receive an award that send you a Grant Award Notification project personnel. over the course of the project period (GAN); or we may send you an email (ii) The extent to which the costs are may exceed the simplified acquisition containing a link to access an electronic reasonable in relation to the objectives, threshold (currently $250,000), under 2 version of your GAN. We may notify design, and potential significance of the CFR 200.206(a)(2) we must make a you informally, also. proposed project. judgment about your integrity, business If your application is not evaluated or (f) Quality of the management plan. ethics, and record of performance under not selected for funding, we notify you. (10 points) Federal awards—that is, the risk posed 2. Administrative and National Policy (1) The Secretary considers the by you as an applicant—before we make Requirements: We identify quality of the management plan. an award. In doing so, we must consider administrative and national policy (2) In determining the quality of the any information about you that is in the requirements in the application package management plan for the proposed integrity and performance system and reference these and other project, the Secretary considers the (currently referred to as the Federal requirements in the Applicable following factors: Awardee Performance and Integrity Regulations section of this notice. (i) The adequacy of the management Information System (FAPIIS)), We reference the regulations outlining plan to achieve the objectives of the accessible through the System for the terms and conditions of an award in proposed project on time and within Award Management. You may review the Applicable Regulations section of budget, including clearly defined and comment on any information about this notice and include these and other responsibilities, timelines, and yourself that a Federal agency specific conditions in the GAN. The milestones for accomplishing project previously entered and that is currently GAN also incorporates your approved tasks. in FAPIIS. application as part of your binding (ii) The extent to which the time Please note that, if the total value of commitments under the grant. commitments of the project director and your currently active grants, cooperative 3. Open Licensing Requirements: principal investigator and other key agreements, and procurement contracts Unless an exception applies, if you are project personnel are appropriate and from the Federal Government exceeds awarded a grant under this competition, adequate to meet the objectives of the $10,000,000, the reporting requirements you will be required to openly license proposed project. in 2 CFR part 200, Appendix XII, to the public grant deliverables created 2. Review and Selection Process: We require you to report certain integrity in whole, or in part, with Department remind potential applicants that in information to FAPIIS semiannually. grant funds. When the deliverable reviewing applications in any Please review the requirements in 2 CFR consists of modifications to pre-existing discretionary grant competition, the part 200, Appendix XII, if this grant works, the license extends only to those Secretary may consider, under 34 CFR plus all the other Federal funds you modifications that can be separately 75.217(d)(3), the past performance of the receive exceed $10,000,000. identified and only to the extent that applicant in carrying out a previous 5. In General: In accordance with the open licensing is permitted under the award, such as the applicant’s use of Office of Management and Budget’s terms of any licenses or other legal funds, achievement of project guidance located at 2 CFR part 200, all restrictions on the use of pre-existing objectives, and compliance with grant applicable Federal laws, and relevant works. Additionally, a grantee or conditions. The Secretary may also Executive guidance, the Department subgrantee that is awarded competitive consider whether the applicant failed to will review and consider applications grant funds must have a plan to submit a timely performance report or for funding pursuant to this notice disseminate these public grant submitted a report of unacceptable inviting applications in accordance deliverables. This dissemination plan quality. with— can be developed and submitted after In addition, in making a competitive (a) Selecting recipients most likely to your application has been reviewed and grant award, the Secretary requires be successful in delivering results based selected for funding. For additional various assurances, including those on the program objectives through an information on the open licensing

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requirements please refer to 2 CFR In making a continuation award, the SUMMARY: In accordance with the 3474.20. Secretary also considers whether the Paperwork Reduction Act of 1995, ED is 4. Reporting: (a) If you apply for a grantee is operating in compliance with proposing a new collection. grant under this competition, you must the assurances in its approved DATES: Interested persons are invited to ensure that you have in place the application, including those applicable submit comments on or before necessary processes and systems to to Federal civil rights laws that prohibit September 24, 2021. comply with the reporting requirements discrimination in programs or activities ADDRESSES: To access and review all the in 2 CFR part 170 should you receive receiving Federal financial assistance documents related to the information funding under the competition. This from the Department (34 CFR 100.4, collection listed in this notice, please does not apply if you have an exception 104.5, 106.4, 108.8, and 110.23). use http://www.regulations.gov by under 2 CFR 170.110(b). VII. Other Information searching the Docket ID number ED– (b) At the end of your project period, 2021–SCC–0110. Comments submitted you must submit a final performance Accessible Format: On request to the in response to this notice should be report, including financial information, program contact person listed under FOR submitted electronically through the as directed by the Secretary. If you FURTHER INFORMATION CONTACT, Federal eRulemaking Portal at http:// receive a multiyear award, you must individuals with disabilities can obtain www.regulations.gov by selecting the submit annual performance reports that this document and a copy of the Docket ID number or via postal mail, provide the most current performance application package in an accessible commercial delivery, or hand delivery. and financial expenditure information format. The Department will provide the If the regulations.gov site is not as directed by the Secretary under 34 requestor with an accessible format that available to the public for any reason, CFR 75.118. The Secretary may also may include Rich Text Format (RTF) or ED will temporarily accept comments at require more frequent performance text format (txt), a thumb drive, an MP3 [email protected]. Please include the reports under 34 CFR 75.720(c). For file, braille, large print, audiotape, or docket ID number and the title of the specific requirements on reporting, compact disc, or other accessible format. information collection request when please go to www.ed.gov/fund/grant/ Electronic Access to This Document: requesting documents or submitting apply/appforms/appforms.html. The official version of this document is comments. Please note that comments 5. Performance Measures: The the document published in the Federal submitted by fax or email and those Government Performance and Results Register. You may access the official submitted after the comment period will Act of 1993 (GPRA) directs Federal edition of the Federal Register and the not be accepted. Written requests for departments and agencies to improve Code of Federal Regulations at information or comments submitted by the effectiveness of their programs by www.govinfo.gov. At this site you can postal mail or delivery should be engaging in strategic planning, setting view this document, as well as all other addressed to the PRA Coordinator of the outcome-related goals for programs, and documents of this Department Strategic Collections and Clearance measuring program results against those published in the Federal Register, in Governance and Strategy Division, U.S. goals. text or Portable Document Format Department of Education, 400 Maryland For the purposes of GPRA and (PDF). To use PDF you must have Ave. SW, LBJ, Room 6W208B, Department reporting under 34 CFR Adobe Acrobat Reader, which is Washington, DC 20202–8240. 75.110, we have established the available free at the site. FOR FURTHER INFORMATION CONTACT: For following program measures: You may also access documents of the specific questions related to collection Measure 1: The number of working Department published in the Federal activities, please contact Michael Fong, interpreters enrolled in specialized Register by using the article search (202) 245–8407. training. feature at: www.federalregister.gov. SUPPLEMENTARY INFORMATION: The Measure 2: Of those enrolled, the Specifically, through the advanced Department of Education (ED), in number and percentage of working search feature at this site, you can limit accordance with the Paperwork interpreters who successfully complete your search to documents published by Reduction Act of 1995 (PRA) (44 U.S.C. specialized training. the Department. 3506(c)(2)(A)), provides the general Measure 3: The number and public and Federal agencies with an Katherine Neas, percentage of working interpreters who opportunity to comment on proposed, successfully completed specialized Acting Assistant Secretary for the Office of revised, and continuing collections of training and subsequently reported Special Education and Rehabilitative Services. information. This helps the Department using the knowledge and skills obtained assess the impact of its information during specialized training in their [FR Doc. 2021–15914 Filed 7–22–21; 4:15 pm] collection requirements and minimize interpreting work. BILLING CODE 4000–01–P the public’s reporting burden. It also 6. Continuation Awards: In making a helps the public understand the continuation award under 34 CFR DEPARTMENT OF EDUCATION Department’s information collection 75.253, the Secretary considers, among requirements and provide the requested other things: whether a grantee has data in the desired format. ED is made substantial progress in achieving [Docket No. ED–2021–SCC–0110] soliciting comments on the proposed the goals and objectives of the project; Agency Information Collection information collection request (ICR) that whether the grantee has expended funds Activities; Comment Request; National is described below. The Department of in a manner that is consistent with its Implementation Study of Student Education is especially interested in approved application and budget; and, Support and Academic Enrichment public comment addressing the if the Secretary has established Grants (Title IV, Part A) following issues: (1) Is this collection performance measurement necessary to the proper functions of the requirements, whether the grantee has AGENCY: Institute of Education Sciences Department; (2) will this information be made substantial progress in achieving (IES), Department of Education (ED). processed and used in a timely manner; the performance targets in the grantee’s (3) is the estimate of burden accurate; ACTION: Notice. approved application. (4) how might the Department enhance

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the quality, utility, and clarity of the policy considerations, or other factors Room 2C172, Washington, DC 20202. information to be collected; and (5) how that should be considered to improve Telephone: (202) 453–7551. Email: jean- might the Department minimize the access to PSLF. [email protected]. burden of this collection on the DATES: We must receive your comments If you use a telecommunications respondents, including through the use on or before September 24, 2021. device for the deaf (TDD) or a text of information technology. Please note ADDRESSES: Submit your response to telephone (TTY), call the Federal Relay that written comments received in this request for information (RFI) Service (FRS), toll free, at 1–800–877– response to this notice will be through the Federal eRulemaking Portal. 8339. considered public records. We will not accept submissions by hand SUPPLEMENTARY INFORMATION: Title of Collection: National delivery, fax, or email. To ensure that Implementation Study of Student we do not receive duplicate copies, I. Background Support and Academic Enrichment please submit your comments only one It is critical for our Nation to maintain Grants (Title IV, Part A). time. To ensure that your comments a highly educated public service OMB Control Number: 1850–NEW. have maximum effect in informing the workforce to serve as teachers, nurses, Type of Review: New collection. Respondents/Affected Public: State, Department’s administration of the physicians, servicemembers in our Local, and Tribal Governments. PSLF program, we encourage you to military, social workers, legal aid Total Estimated Number of Annual clearly identify the question number or attorneys, and first responders, and in a Responses: 661. topic (e.g., ‘‘borrower experience,’’ wide range of other roles that serve our Total Estimated Number of Annual ‘‘proposed administrative/operational communities. Concerns about shortages Burden Hours: 327. improvement,’’ and ‘‘proposed policy across the public sector and public Abstract: This study will collect change,’’) that each comment addresses. service workforce have persisted for • information about policy and program Federal eRulemaking Portal: Go to decades. implementation of the grants www.regulations.gov to submit your In response to these concerns about administered under Title IV, Part A of comments electronically. Information workforce shortages and rising student the Elementary and Secondary on using Regulations.gov, including debt burdens, Congress enacted the Education Act of 1965, as amended by instructions for accessing agency College Cost Reduction and Access Act the Every Student Succeeds Act (ESSA), documents, submitting comments, and (Pub. L. 110–84) in 2007, creating a to describe and report on districts’ viewing the docket, is available on the range of new benefits and protections site under ‘‘FAQ.’’ for student loan borrowers, including decision-making process for use of Title • IV, Part A funds, how states help inform Postal Mail or Commercial Delivery: the PSLF program. PSLF offers loan districts’ decisions, and what topic areas If you do not have internet access or cancellation for Federal student loan and activities are funded with Title IV, electronic submission is not possible, borrowers who make 120 qualifying Part A funds. you may mail written comments to the payments made while engaging in Office of the Under Secretary, U.S. eligible public service work.1 Dated: July 21, 2021. Department of Education, 400 Maryland The Department is committed to Stephanie Valentine, Avenue SW, Room [7E307], addressing the barriers to attaining PSLF PRA Coordinator, Strategic Collections and Washington, DC 20202. Mailed and to providing debt relief to public Clearance, Governance and Strategy Division, comments must be postmarked by service workers. To that end, the Office of Chief Data Officer, Office of September 24, 2021, to be accepted. Department has announced its plans to Planning, Evaluation and Policy Privacy Note: The Department’s Development. establish negotiated rulemaking policy is to make all comments received committees to prepare proposed [FR Doc. 2021–15877 Filed 7–23–21; 8:45 am] from members of the public available for regulations for programs authorized BILLING CODE 4000–01–P public viewing in their entirety on the under title IV of the Higher Education Federal eRulemaking Portal at Act of 1965, as amended (86 FR 28299), www.regulations.gov. Therefore, DEPARTMENT OF EDUCATION including the PSLF program under 34 commenters should be careful to CFR 685.219. However, the Department [Docket ID ED—2021—OUS—0082] include in their comments only recognizes that there may be information that they wish to make improvements it can make in the Request for Information Regarding the publicly available. operational administration of the Public Service Loan Forgiveness This is a request for information only. program outside of the regulatory Program This RFI is not a request for proposals process. Through this RFI, the AGENCY: Office of the Under Secretary, (RFP) or a promise to issue an RFP or Department seeks comments from the U.S. Department of Education. a notice inviting applications. This RFI public to identify such operational does not commit the Department to ACTION: Request for information. opportunities to strengthen the PSLF contract for any supply or service program. For example, we are interested SUMMARY: The U.S. Department of whatsoever. Further, we are not seeking in ways that we might eliminate Education (Department) is requesting proposals and will not accept administrative barriers to borrowers information in the form of written unsolicited proposals. The Department receiving PSLF. Below, we provide comments that may include will not pay for any information or questions to guide responses to this RFI. information, research, and suggestions administrative costs that you may incur Although we do not intend to respond regarding the administration of the in responding to this RFI. The to comments received in response to Public Service Loan Forgiveness (PSLF) documents and information submitted this RFI, public input may inform non- program. The Office of the Under in response to this RFI become the Secretary solicits these comments to property of the U.S. Government and 1 Under the current rules, borrowers with William identify operational improvements to will not be returned. D. Ford Federal Direct Loans can make qualifying FOR FURTHER INFORMATION CONTACT: payments toward PSLF, and borrowers with Federal the PSLF program and to inform Mr. Family Education Loans (FFEL) can consolidate determinations about technical Jean-Didier Gaina, U.S. Department of into Direct Consolidation Loans to become eligible improvements, borrower experiences, Education, 400 Maryland Ave. SW, for PSLF.

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regulatory action by the Department to described below. As of November 30, millions of public service workers and make this critical program work better 2020, student loan borrowers had is actively working to make for borrowers. Comments with respect submitted nearly 5 million individual improvements to the program’s to regulatory matters must be made as ECFs.4 As of April 30, 2021, another administration. To help inform those part of the negotiated rulemaking 391,333 combined applications were efforts, the Department is seeking input process. submitted.5 from the public on ways to strengthen On October 1, 2017, the first public the operational implementation of PSLF II. Public Service Loan Forgiveness service workers with student debt through changes outside of regulations. Program became eligible to receive PSLF. Since The deadline for these submissions is After Congress enacted the College that time, the Department has September 24, 2021. Cost Reduction and Access Act 14 years discharged $452,691,032 in student debt The Department encourages ago, the Department promulgated owed by 5,467 individual public service comments from individual students and regulations to implement the PSLF workers as of April 30, 2021.6 student loan borrowers; organizations program. The Department also entered However, to date nearly 98 percent of representing students and student loan into a contract with the Pennsylvania student loan borrowers who have borrowers; labor unions and other Higher Education Assistance Agency (d/ applied for PSLF did not receive organizations representing public b/a FedLoan Servicing) to serve as the forgiveness at the time of their service workers; legal services providers sole specialty student loan servicer application, however the majority of and other organizations that provide handling borrowers who signal intent to these borrowers have made some counseling or direct assistance to 7 pursue PSLF. Under 34 CFR 685.219, progress toward cancellation. In student loan borrowers; public service the Department established and response to the problems borrowers employers; researchers and policy subsequently revised the criteria a have faced while trying to access PSLF, experts; student loan market borrower must satisfy in order to have the Department’s Federal Student Aid participants; institutions of higher debts cancelled under PSLF. office has started taking important steps 8 education; and other members of the Specifically, these regulations require to make improvements to the program. public. Lump-sum payments and prepayments, a student loan borrower to satisfy five The Department is interested in which would not have previously elements. To receive PSLF, a borrower responses to the specific questions 2 counted for the purposes of PSLF, will must— below, as well as the general concepts • now count toward borrowers’ PSLF Be employed by a U.S. Federal, and topics identified as they relate to qualifying payments for up to 12 State, local, or Tribal government or not- PSLF. The Department is also interested 3 months. FSA also launched a new PSLF for-profit organization; in responses describing individual • Work full-time for that agency or Help Tool in November 2020 to make it easier for borrowers to navigate PSLF to student loan borrowers’ experiences organization or the equivalent of full- while working in public service or time across multiple agencies or determine their eligibility and, as noted above, created a single form that allows pursuing PSLF. When responding to organizations; this RFI, please address one or more of • Have Direct Loans (or consolidate borrowers to certify their employment 9 the following questions: other Federal student loans into a Direct and apply for PSLF and TEPSLF. Loan); In response to the first reports of Public Service & Student Debt • widespread PSLF application denials, Repay those loans under an income- 1. What are the direct and indirect driven repayment or standard Congress temporarily expanded PSLF to provide debt relief to a broader effects of student debt on America’s repayment plan; and public service workforce? • Make 120 qualifying payments. population of student loan borrowers, establishing TEPSLF. In the three years 2. What are the direct and indirect From 2007 through 2012, public benefits of PSLF for America’s public service workers with student debt since TEPLSF was first established, an additional 2,962 public service workers service workforce, including the effects tracked their own progress toward of PSLF on individual borrowers, on the meeting the requirements for PSLF. have had approximately $130 million discharged, while more than 96 percent labor market, on communities, and on When borrowers working in public the populations served by public service service had questions about eligibility, of TEPSLF applications have not resulted in forgiveness.10 workers? the Department’s servicers were 3. Does PSLF provide a strong borrowers’ primary source of III. Solicitation of Comments: incentive for borrowers to engage in information about PSLF. Beginning in Strengthening the Operational public service work? How are public 2012, the Department offered student Implementation of Public Service Loan service workers’ employment decisions loan borrowers the opportunity to Forgiveness affected by their debt and by PSLF? submit an Employer Certification Form The Department recognizes the (ECF) as a way for borrowers to provide importance of making the PSLF Experiences With Public Service Loan documentation of qualifying requirements as clear as possible for Forgiveness employment throughout their service 4. What borrower experiences should and to ensure their employer was a 4 https://studentaid.gov/data-center/student/loan- the Department and Congress consider qualifying employer. In November 2020, forgiveness/pslf-data. when making improvements to PSLF? 5 the Department combined the ECF into https://studentaid.gov/data-center/student/loan- 5. What features of PSLF are most a single application that also allows forgiveness/pslf-data. 6 difficult for borrowers to navigate? borrowers to have their status checked https://studentaid.gov/data-center/student/loan- forgiveness/pslf-data. 6. What role do loan servicers play in for PSLF and Temporary Expanded 7 https://studentaid.gov/data-center/student/loan- making it easier or harder for borrowers PSLF (TEPSLF) (Pub. L. 115–141), forgiveness/pslf-data. to access PSLF? 8 https://studentaid.gov/articles/see-whats-new- 7. What barriers prevent public 2 https://studentaid.gov/manage-loans/ pslf-program/. forgiveness-cancellation/public-service. 9 https://studentaid.gov/pslf/. service workers with student debt from 3 See 34 CFR 685.219 for the complete definition 10 https://studentaid.gov/data-center/student/ pursuing PSLF or receiving loan of ‘‘public service organization.’’ loan-forgiveness/pslf-data. forgiveness under PSLF?

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8. For borrowers who have or had feature at www.federalregister.gov. SUPPLEMENTARY INFORMATION: The loans other than from the Direct Loan Specifically, through the advanced Department of Education (ED), in program, what have your experiences search feature at this site, you can limit accordance with the Paperwork been when trying to access or your search to documents published by Reduction Act of 1995 (PRA) (44 U.S.C. participate in PSLF? the Department. 3506(c)(2)(A)), provides the general 9. How can communications about Program Authority: 20 U.S.C. public and Federal agencies with an PSLF requirements be improved? 1087e(m). opportunity to comment on proposed, 10. What are the common questions Julie Margetta Morgan, revised, and continuing collections of that borrowers have about PSLF? information. This helps the Department Delegated the authority to perform the Opportunities To Strengthen PSLF for functions and duties of the Under Secretary, assess the impact of its information Borrowers Who Currently Work in Senior Advisor, Office of the Under Secretary. collection requirements and minimize the public’s reporting burden. It also Public Service [FR Doc. 2021–15831 Filed 7–23–21; 8:45 am] helps the public understand the BILLING CODE 4000–01–P 11. What operational steps can the Department’s information collection Department take to strengthen PSLF and requirements and provide the requested better serve public service workers who DEPARTMENT OF EDUCATION data in the desired format. ED is currently owe student debt, including soliciting comments on the proposed borrowers who have already applied for [Docket No.: ED–2021–SCC–0111] information collection request (ICR) that and been denied PSLF? is described below. The Department of Agency Information Collection 12. What steps can the Department Education is especially interested in Activities; Comment Request; take to improve borrowers’ experiences public comment addressing the Implementation of Title I/II–A Program in applying for PSLF? following issues: (1) Is this collection Initiatives—Preliminary Activities 13. What steps or improvements can necessary to the proper functions of the servicers make to improve borrowers’ AGENCY: Institute of Educational Science Department; (2) will this information be experiences in applying for PSLF? (IES), Department of Education (ED). processed and used in a timely manner; 14. What can the Department do to ACTION: Notice. (3) is the estimate of burden accurate; better partner with employers to ensure (4) how might the Department enhance that all borrowers know about the SUMMARY: In accordance with the the quality, utility, and clarity of the benefits of PSLF? Paperwork Reduction Act of 1995, ED is information to be collected; and (5) how The Effects of the COVID–19 Pandemic proposing a new information collection. might the Department minimize the on Student Loan Borrowers Working in DATES: Interested persons are invited to burden of this collection on the Public Service submit comments on or before respondents, including through the use 15. How has the COVID–19 pandemic September 24, 2021. of information technology. Please note affected borrowers’ ability to access ADDRESSES: To access and review all the that written comments received in PSLF? documents related to the information response to this notice will be 16. Are there any considerations collection listed in this notice, please considered public records. about PSLF that the Department should use http://www.regulations.gov by Title of Collection: Implementation of bear in mind as it prepares for the end searching the Docket ID number ED– Title I/II–A Program Initiatives— of the COVID–19 administrative 2021–SCC–0111. Comments submitted Preliminary Activities. forbearance on Direct Loans? in response to this notice should be OMB Control Number: 1850–NEW. Accessible Format: On request to the submitted electronically through the Type of Review: A new information program contact person listed under FOR Federal eRulemaking Portal at http:// collection. FURTHER INFORMATION CONTACT, www.regulations.gov by selecting the Respondents/Affected Public: State, individuals with disabilities can obtain Docket ID number or via postal mail, Local, and Tribal Governments. this document in an accessible format. commercial delivery, or hand delivery. Total Estimated Number of Annual The Department will provide the If the regulations.gov site is not Responses: 92. requestor with an accessible format that available to the public for any reason, Total Estimated Number of Annual may include Rich Text Format (RTF) or ED will temporarily accept comments at Burden Hours: 15. text format (txt), a thumb drive, an MP3 [email protected]. Please include the Abstract: When the primary federal file, braille, large print, audiotape, or docket ID number and the title of the law governing K–12 schooling was compact disc, or other accessible format. information collection request when updated in 2015 as the Every Student Electronic Access to This Document: requesting documents or submitting Succeeds Act (ESSA), it shifted many The official version of this document is comments. Please note that comments decisions to states and districts. the document published in the Federal submitted by fax or email and those However, through two of its core Register. You may access the official submitted after the comment period will programs (Title I and Title II–A), ESSA edition of the Federal Register and the not be accepted. Written requests for retained federal requirements for states Code of Federal Regulations at information or comments submitted by to set challenging content standards, www.govinfo.gov. At this site you can postal mail or delivery should be assess student performance, identify view this document, as well as all other addressed to the PRA Coordinator of the and support low-performing schools, documents of this Department Strategic Collections and Clearance and promote the development of the published in the Federal Register, in Governance and Strategy Division, U.S. educator workforce. How states and text or Portable Document Format Department of Education, 400 Maryland districts respond to the combination of (PDF). To use PDF you must have Ave. SW, LBJ, Room 6W208C, flexibility and requirements and how Adobe Acrobat Reader, which is Washington, DC 20202–8240. policies are enacted in schools and available free at the site. FOR FURTHER INFORMATION CONTACT: For classrooms will determine whether You may also access documents of the specific questions related to collection ESSA stimulates educational Department published in the Federal activities, please contact Erica Johnson, improvement as intended, which is Register by using the article search 202–245–7676. particularly important in the wake of

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educational disruptions wrought by the comments via postal mail and hand focused on the PAA as applicable to and coronavirus pandemic. delivery/courier. If a commenter finds administered by DOE. This is the first of two clearance that this change poses undue hardship, As explained previously, the DOE requests. This first package requests please contact the Office of the General PAA system of financial protection is in clearance to inform school districts of Counsel staff at (202) 586–2177 to the form of an indemnification by DOE the study and collect teacher lists for the discuss the need for alternative (‘‘DOE Price-Anderson purpose of preparing to conduct a arrangements. Once the Covid–19 indemnification’’) for legal liability for a nationally representative survey in pandemic health emergency is resolved, nuclear incident or a precautionary spring 2022. The second package, to be DOE anticipates resuming all of its evacuation arising from activity under a submitted at a later date, will request regular options for public comment DOE contract. The DOE Price-Anderson clearance for state, district, principal, submission, including postal mail and indemnification: (1) Provides omnibus and teacher survey instruments and the hand delivery/courier. coverage of all persons who might be collection of these data. FOR FURTHER INFORMATION CONTACT: legally liable; (2) indemnifies fully all Dated: July 21, 2021. Stewart Forbes, Office of the Assistant legal liability up to the statutory limit Juliana Pearson, General Counsel for Civilian Nuclear on such liability (as of 2018 Programs, U.S. Department of Energy, approximately $13.7 billion, inflation- PRA Coordinator, Strategic Collections and Room 6A–167, 1000 Independence Ave. Clearance, Governance and Strategy Division, adjusted, for a nuclear incident in the 3 Office of Chief Data Officer, Office of SW, Washington, DC 20585; Email: United States ); (3) covers all DOE Planning, Evaluation and Policy [email protected]; and Phone: contractual activity that might result in Development. (202) 586–2177. a nuclear incident in the United States; [FR Doc. 2021–15879 Filed 7–23–21; 8:45 am] SUPPLEMENTARY INFORMATION: (4) is not subject to the availability of funds; 4 and (5) is mandatory and BILLING CODE 4000–01–P I. Introduction exclusive. The PAA was enacted in 1957 as an The PAA has been amended several amendment to the AEA to encourage the DEPARTMENT OF ENERGY times since enactment. The most recent development of nuclear power and amendment was the Price-Anderson Notice of Inquiry on Preparation of nuclear activities by establishing a Amendments Act of 2005 (‘‘2005 Report to Congress on the Price- system of financial protection for Amendments’’), passed as part of the Anderson Act persons who may be liable for and Energy Policy Act of 2005 (Title VI, persons who may be injured by a Subtitle A).5 The 2005 Amendments AGENCY: Office of General Counsel, nuclear incident.1 DOE and the Nuclear extended the authority of DOE to grant DOE. Regulatory Commission (NRC) are the DOE Price-Anderson ACTION: Notice of inquiry on preparation authorized to administer the PAA indemnification until December 31, of report to Congress on the Price- system of financial protection with 2025.6 Along with the extension, Anderson Act. respect to DOE contractual activities Congress amended section 170p. of the and NRC licensees, respectively. While AEA to mandate, as it had done with a SUMMARY: The Department of Energy both the DOE and NRC systems of prior extension, that DOE submit a (the ‘‘Department’’ or ‘‘DOE’’) is financial protection are underpinned by report to Congress by December 31, requesting public comment concerning many of the same PAA principles and 2021 (‘‘2021 Report’’) on whether the need for continuation or provisions, they are administered and provisions of the PAA should be modification of the provisions of the applicable in different ways. In the DOE continued, modified, or eliminated.7 Price-Anderson Act (PAA) as system, the PAA financial protection is administered by DOE. The PAA in the form of a DOE indemnification Inflation Adjustments to the Price-Anderson Act establishes a system of financial and applies to all DOE contractors Financial Protection Regulations, 83 FR 48202 protection that encourages the safe and undertaking activities that involve the (Sept. 24, 2018) (adjusting the total and maximum deferred premiums under the PAA for certain secure operation of nuclear power and risk of a nuclear incident. In the NRC reactors). other nuclear activities and assures system, the PAA financial protection 3 Adjustment of Indemnification Amount for equitable compensation of victims in requirements for NRC licensees is in the Inflation, 83 FR 49374 (Oct. 1, 2018) (adjusting the the event of a nuclear incident. form of insurance and/or statutory public liability limit to the present $13.7 Comments from the public will assist indemnification, or neither depending billion). 4 Price-Anderson Act, supra note 1, at § 4 the Department in the preparation of its on the type of nuclear installation and (amending Atomic Energy Act § 170j., codified as report on the PAA to be submitted to nuclear operator.2 This Notice is amended at 42 U.S.C. 2210(j)). Congress by December 31, 2021, as 5 Price-Anderson Amendments Act of 2005, required by the Atomic Energy Act of 1 Price-Anderson Act, Public Law 85–256, 71 Stat. Public Law 109–58, tit. VI, 119 Stat. 779 (amending 1954 (AEA), as amended. 576 (amending Atomic Energy Act of 1954, Public Atomic Energy Act § 170, codified as amended at Law 83–703, codified as amended at 42 U.S.C. 2011 42 U.S.C. 2210). DATES: Written comments must be et seq.). (For brevity, the Atomic Energy Act of 1954 6 Id. at tit. VI, § 602(b) (amending Atomic Energy received by August 25, 2021. will be cited throughout simply as ‘‘Atomic Energy Act § 170d.(1)(A), codified as amended at 42 U.S.C. Act’’ or AEA.) The pertinent sections of the PAA 2210(d)(1)(A)). The NRC’s authority for the PAA ADDRESSES: You may submit comments amended AEA § 11 and created AEA § 170, which system of financial protection was similarly to: [email protected]. Although are codified respectively at 42 U.S.C. 2014 and extended. DOE has routinely accepted public 2210. 7 Id. at tit. VI, § 606 (amending Atomic Energy Act comment submissions through a variety 2 See U.S. Nuclear Reg. Comm’n, The Price § 170p., codified as amended at 42 U.S.C. 2210(p)). Anderson Act—Crossing the Bridge to the Next As amended, section 170p. of the AEA requires the of mechanisms, including postal mail Century: A Report to Congress 1–8 (1998), https:// Secretary of Energy and the NRC to ‘‘submit to the and hand delivery/courier, the www.nrc.gov/docs/ML1217/ML12170A857.pdf Congress by December 31, 2021, detailed reports Department has found it necessary to (describing the NRC PAA financial protection concerning the need for continuation or make temporary modifications to the scheme); 10 CFR part 140, Financial Protection modification of the provisions of [the PAA], taking Requirements and Indemnity Agreements (NRC into account the condition of the nuclear industry, comment submission process in light of regulations implementing the PAA financial availability of private insurance, and the state of the ongoing Covid–19 pandemic. DOE is protection requirements for licensees and the knowledge concerning nuclear safety at that time, currently suspending receipt of public indemnification and liability limitations); and among other relevant factors and shall include

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DOE values input from the public on $9.43 billion; made the DOE for DOE contractors in the case of the efficacy and operation of the PAA. indemnification mandatory in all DOE nuclear incidents within the United DOE is issuing this Notice of Inquiry contracts involving the risk of a nuclear States to $10 billion, to be adjusted (‘‘Notice’’ or NOI) to solicit comments incident; and established a system of every five years for inflation; (2) from the public and interested civil penalties for DOE contractors, increase the liability limit and the stakeholders to assist DOE in the subcontractors, and suppliers covered Department’s indemnification amount development of its recommendations as by the indemnification.11 In the 1988 for DOE contractors in the case of to whether provisions of the PAA Amendments, Congress also extended certain nuclear incidents outside the should be continued, modified, or authority for the DOE Price-Anderson United States from $100 million to $500 eliminated. indemnification to August 1, 2002 12 million; and (3) modify section 234A of This NOI is similar to a Notice of and mandated that DOE submit a report the AEA—which imposes civil penalties Inquiry published in 1997 (‘‘1997 to Congress in 1998, four years prior to on DOE contractors covered by PAA NOI’’).8 In 1998, DOE submitted a report the expiration of authorization of the indemnification for violations of DOE to Congress pursuant to then-applicable PAA, on the need for its continuation, nuclear safety regulations—in regard to section 170p. (‘‘1998 Report’’).9 In modification, or elimination.13 nonprofit entities that are DOE preparing the 1998 Report, DOE DOE issued the required report, contractors. Specifically, the published the 1997 NOI in the Federal recommending renewal of the PAA as modifications to section 234A rescinded Register requesting public comment to being in the ‘‘best interests of DOE, its the automatic remission of civil assist DOE in preparing the 1998 Report. contractors, its subcontractors and penalties for DOE contractors in The 1997 NOI included a suppliers, and the public.’’ 14 The 1998 violation of nuclear safety regulations comprehensive history and explanation Report included five key that are nonprofit educational of the PAA to assist members of the recommendations: (1) DOE institutions and repealed the exemption public in formulating comments.10 indemnification should continue as-is; from such penalties for seven named This NOI provides an update on (2) DOE indemnification amounts entities. In its place, the 2005 significant changes in law or ‘‘should not be decreased’’; (3) ‘‘Broad Amendments imposed a limitation on circumstances since the 1998 Report, and mandatory coverage’’ for contracted civil penalties for not-for-profit including: (1) A summary of activities should continue to be contractors, subcontractors, or suppliers recommendations from the 1998 Report; provided by DOE indemnification; (4) to not exceed the total amount of fees (2) a summary of the 2005 Amendments; DOE should have ‘‘continued authority paid within any 1-year period under the and (3) an update on the Convention on to impose civil penalties for violations contract under which the violation Supplementary Compensation for of nuclear safety requirements by for- occurs.18 In addition, the 2005 Nuclear Damage (the ‘‘Convention’’ or profit contractors, subcontractors and Amendments re-instituted the DOE CSC) as it relates to the PAA. To suppliers’’; and (5) the CSC ‘‘should be mandate under section 170p. to report facilitate the preparation of public ratified and conforming amendments to to Congress on the need for comments, the NOI also includes a non- the [PAA]’’ be adopted.15 In sum, DOE continuation, modification or exhaustive list of questions and topics concluded that continuation of the PAA elimination of PAA provisions, with a to be considered and that may be indemnification without any substantial due date of December 31, 2021, four addressed by DOE in the 2021 Report. change was essential to the years prior to the 2025 expiration of the Last, to further assist the public in Department’s ability to fulfill its extended PAA authority.19 preparing comments, DOE recommends statutory missions; provided protection In response to the 2005 Amendments, review and reference to the 1997 NOI to members of the public that may be DOE amended its regulations in 10 CFR and the 1998 Report, both of which affected by DOE’s nuclear activities; and part 820, Procedural Rules for DOE provide a comprehensive history and was a cost-effective option without any Nuclear Activities, to implement the explanation of the PAA. satisfactory alternative.16 new requirements concerning civil II. Significant Updates 2. 2005 Amendments penalty assessments against certain DOE contractors, subcontractors, and After the 1988 Amendments, the 2005 1. 1998 Report to Congress suppliers.20 Further in compliance with Amendments were the next substantial In 1988, Congress passed the Price- the 2005 Amendments, DOE has reset set of changes to the PAA. Passed as Anderson Amendments Act of 1988 and published in the Federal Register part of the Energy Policy Act of 2005, (‘‘1988 Amendments’’), ushering in every 5 years an inflation-adjustment to the Price-Anderson Amendments Act of several new and updated provisions in the liability limit and DOE 2005 amended DOE authorities 17 to: (1) the PAA: It increased the amount of the indemnification amount, currently set at Increase the liability limit and the indemnification from $500 million to approximately $13.7 billion based on a Department’s indemnification amount

recommendations as to the repeal or modification 18 Price-Anderson Amendments Act of 2005, 11 Price-Anderson Amendments Act of 1988, of any of the provisions of [the PAA].’’ 42 U.S.C. supra note 2, at tit. IV, §§ 604–05, 610 (amending Public Law 100–408, 102 Stat. 1066 (amending 2210(p). The DOE and NRC will each submit their Atomic Energy Act § 170, 234A.b, codified at 42 Atomic Energy Act §§ 11, 170, codified as amended own report to Congress. U.S.C. 2210(d)–(e), 2282a). at 42 U.S.C. 2014, 2210). 8 Preparation of Report to Congress on Price- 19 Id. at tit. IV, § 606 (amending Atomic Energy 12 Id. at § 3 (amending Atomic Energy Act § 170c., Anderson Act, 62 FR 68272 (December 31, 1997), Act § 170p., codified at 42 U.S.C. 2210(p)). As codified as amended at 42 U.S.C. 2210(d)). https://www.govinfo.gov/content/pkg/FR-1997-12- previously noted, the reporting requirements of 13 31/pdf/97-34036.pdf (the published 1997 NOI, to be Id. at § 12(2) (amending Atomic Energy Act section 170p. also apply to the NRC, which is referenced as ‘‘1997 NOI’’). § 170p., codified as amended at 42 U.S.C. 2210(p)). responsible to submit its own report to Congress. 9 U.S. Dep’t of Energy, Report to Congress on the 14 1998 Report, supra note 9, at 1. Supra note 7. Price-Anderson Act (1998), https://www.energy.gov/ 15 Id. at 2. 20 Procedural Rules for DOE Nuclear Activities, sites/prod/files/gcprod/documents/paa-rep.pdf (to 16 Id. at 1. 10 CFR 820.20. For historical background, see be referenced as ‘‘1998 Report’’). Prior to its 17 The 2005 Amendments modified certain Procedural Rules for DOE Nuclear Activities, 73 FR amendment in the Energy Policy Act of 2005, 42 authorities applicable to either or both the NRC and 19761 (Apr. 11, 2008) (original notice of proposed U.S.C. 2210(p) mandated this report’s submission DOE. This Notice focuses on those modifications rulemaking) and Procedural Rules for DOE Nuclear by August 1, 1998. Supra note 7. applicable to DOE and does not address the Activities, 74 FR 11830 (Mar. 20, 2009) (notice of 10 1997 NOI, supra note 8. modifications specific to the NRC. issuance of the Final Rule).

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2018 adjustment.21 The increases in 2015,26 and at present has eleven definition of ‘‘person indemnified’’; 32 indemnification amounts (other than the member countries, and nineteen and (3) waiver of certain defenses with inflation adjustments) required only that signatory countries.27 respect to ‘‘extraordinary nuclear DOE update its contracting policies to The fundamental purposes of the CSC occurrences.’’ 33 As a result, any reflect the new indemnification limits and the PAA are the same: To support changes to these provisions that for nuclear incidents occurring after the the safe and secure development of the Congress may contemplate must be effective date of the 2005 Amendments nuclear industry while at the same time considered in light of the treaty (i.e., August 8, 2005).22 ensuring a system of prompt, equitable obligations of the United States under The preparation of the report to and meaningful compensation in the the CSC. Congress on the need for continuation, event of a nuclear incident. The CSC, Equally important, in ratifying and modification or elimination of PAA like other nuclear liability treaties,28 implementing the CSC, Congress provisions (which is the subject of this achieves these purposes by requiring a ensured the legal and operational Notice) is one of the remaining actions country’s domestic (national) nuclear framework of the PAA is not affected by to be taken by DOE in accordance with liability law to comply with certain the compensation system established by the 2005 Amendments. international nuclear liability law the CSC. Section 934(a) of EISA principles. For the United States, this specifies that the United States’ 3. Convention on Supplementary would have required significant changes contributions to the CSC international Compensation for Nuclear Damage to the PAA were it not for a provision supplementary fund cannot upset The CSC is an international treaty that permits the United States to satisfy settled expectations based on the adopted under the auspices of the the Convention if it maintains certain liability regime established under the International Atomic Energy Agency provisions of the PAA that were in PAA.34 For a nuclear incident covered (IAEA) that establishes a global nuclear effect on January 1, 1995 and continue by the PAA, funds already available liability regime to address legal liability in effect.29 Those provisions relate under the PAA would be used to fulfill and compensation of victims in the primarily to the amount and availability the United States’ contributions without event of a nuclear incident.23 The CSC of financial protection to compensate for any increase in the amount of funds that provides consistent rules for addressing nuclear damage in the event of a nuclear NRC licensees must make available legal liability for Parties to the CSC and, incident. The provisions of relevance to under the PAA. For a nuclear incident in the event of a nuclear incident in any DOE’s PAA authority 30 are: (1) DOE outside the United States not covered by Party’s territory, requires all Parties to indemnification for reactors and certain the PAA, funds made available by a new contribute to an international other nuclear installations; 31 (2) retrospective risk pooling program for supplementary fund to provide an nuclear suppliers would be used to additional tier of compensation beyond 26 The CSC went into effect on April 15, 2015, in fulfill the United States’ contributions.35 accordance with Article XX.1 of the Convention that available under that Party’s national and acceptance by Japan. Convention, supra note In all cases covered by the PAA, the law.24 At the time of the 1998 Report 23, at art. 10; see Int’l Atomic Energy Agency, United States would receive more funds and the 2005 Amendments, the United Convention on Supplementary Compensation for from the CSC international fund than its Nuclear Damage 1 (2019), https://www- contribution to that fund and the PAA States had signed the Convention but legacy.iaea.org/Publications/Documents/ not ratified it. In 2006, the Senate Conventions/supcomp_status.pdf (showing dates of public liability amount would be ratified the CSC, and in the following ratification, acceptance, and approval for increased by that incremental amount.36 year, Congress passed the Energy signatories, to be referenced as ‘‘Convention Status’’). Article XX.1 provides for entry into force Independence and Security Act of 2007 Convention provision Annex art. 2.1.c in its of the Convention when at least 5 States with a entirety, requiring the national law of a Contracting minimum of 400,000 units of installed nuclear (EISA), which includes section 934, Party to provide at least 1000 million SDRs of capacity have deposited an instrument of Convention on Supplementary compensation for nuclear damage resulting from a ratification, acceptance, or approval with the nuclear incident at a power reactor and to provide Compensation for Nuclear Damage Director General of the IAEA. Convention, supra at least 300 million SDRs of compensation for Contingent Cost Allocation, to note 23, at art. 10. nuclear damage resulting from a nuclear incident at 27 Convention Status, supra note 26. implement the CSC in the United a non-power reactor and certain other nuclear 25 28 States. The CSC went into effect in The other major nuclear liability treaties are the installations). Paris Convention on Third Party Liability in the 32 Atomic Energy Act § 11t., codified as amended Field of Nuclear Energy, July 29, 1960, 1519 21 Supra text accompanying note 3. at 42 U.S.C. 2014(t) (corresponding to Convention U.N.T.S. 329, and the Vienna Convention on Civil 22 U.S. Dep’t of Energy, Acquisition Letter on Liability for Nuclear Damage, May 21, 1963, 1063 provision Annex art. 2.1.b, requiring the national Implementation of the Price-Anderson U.N.T.S. 265. law of a Contracting Party to indemnify any person who has legal liability for nuclear damage resulting Amendments Act of 2005, AL–2005–15 (Oct. 5, 29 Convention, supra note 23, at Annex art. 2. 2005), at 2, 3. AL–2005–15 also included from a nuclear incident). 30 The PAA provisions of specific relevance to the contracting policy updates to implement aspects of 33 Atomic Energy Act § 170n., codified as NRC align with: (1) NRC’s financial protection the change in civil penalty assessments for certain amended at 42 U.S.C. 2210(n) (corresponding to requirements for reactors with capacity of 100 not-for-profit contractors resulting from the 2005 Convention provision Annex art. 2.1.a, requiring megawatts or greater (Atomic Energy Act § 170b., Amendments. the national law of a Contracting Party to impose codified as amended at 42 U.S.C. 2210(b), 23 strict liability with respect to a nuclear incident Convention on Supplementary Compensation corresponding to part of Convention provision resulting in substantial offsite damage). for Nuclear Damage, Sept. 29, 1997, T.I.A.S. No. 15– Annex art. 2.1.c, requiring the national law of a 34 415 (entered into force Apr. 15, 2015) (to be Contracting Party to provide at least 1000 million Energy Independence and Security Act, supra referenced as ‘‘Convention’’). For the full text of the SDRs of compensation for nuclear damage resulting note 25, at § 934(a)(1)(H)(i) (codified at 42 U.S.C. Convention and related information, see from a nuclear incident at a power reactor); and (2) 17373(a)(1)(H)(i)). Convention on Supplementary Compensation for NRC’s indemnification for reactors with capacity of 35 Id. at §§ 934(a)(1)(I)–(J), 934(a)(2)(B) (codified at Nuclear Damage, Int’l Atomic Energy Agency, 100 megawatts or less, and certain other nuclear 42 U.S.C. 17373(a)(1)(I)–(J), 42 U.S.C. https://www.iaea.org/topics/nuclear-liability- installations (Atomic Energy Act § 170c., codified as 17373(a)(2)(B)). The Department initiated a conventions/convention-supplementary- amended at 42 U.S.C. 2210(c)), corresponding to rulemaking to develop and implement the compensation-nuclear-damage. part of Convention provision Annex art. 2.1.c, retrospective risk pooling program applicable to 24 Convention, supra note 23, at art. 2. ‘‘Territory’’ requiring the national law of a Contracting Party to U.S. nuclear suppliers, to be codified at 10 CFR part is not limited to a Party’s geographic boundaries provide at least 300 million SDRs of compensation 951. See Convention on Supplementary (e.g., ships operating under a contracting Party’s for nuclear damage resulting from a nuclear Compensation for Nuclear Damage Contingent Cost flag are included). Id. at art. 5. incident at a non-power reactor and certain other Allocation, 79 FR 75076 (Dec. 17, 2014). The 25 Energy Independence and Security Act of 2007, nuclear installations. proposed rulemaking is currently pending. Public Law 110–140, 934, 121 Stat. 1492, 1741 31 Atomic Energy Act § 170d., codified as 36 Energy Independence and Security Act, supra (codified at 42 U.S.C. 17373). amended at 42 U.S.C. 2210(d) (corresponding to note 25, at § 934(d) (codified at 42 U.S.C. 17373(d)).

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III. List of Questions the DOE Price-Anderson should the resulting unlimited liability The following is a non-exhaustive list indemnification, including operation, be funded? Does the rationale for the of questions that may be relevant to the cost, coverage, risk, and protection of limit on aggregate public liability differ Congressional mandate of section 170p. potential claimants. depending on whether the nuclear that DOE report on ‘‘the need for 5. To what extent, if any, would the incident results from a DOE activity or continuation or modification of the elimination of the DOE Price-Anderson from an activity of an NRC licensee? provisions of [the PAA] taking into indemnification affect the ability of DOE 12. Should the DOE Price-Anderson account the condition of the nuclear to perform its various missions? Explain indemnification continue to cover DOE industry, availability of private your reasons for believing that contractors and other persons when a insurance, and the state of knowledge performance of all or specific activities nuclear incident results from their gross concerning nuclear safety at that time, would or would not be affected. negligence or willful misconduct? If not, 6. To what extent, if any, would the among other relevant factors.’’ 37 While what would be the effects, if any, on: (1) elimination of the DOE Price-Anderson the list is current, many of the questions The operation of the Price-Anderson indemnification affect the willingness of are reproduced in whole or in part from system with respect to the nuclear existing or potential contractors to the 1997 NOI; they reflect questions and incident, (2) other persons indemnified, perform activities for DOE? Explain topics that remain pertinent today. In (3) potential claimants, and (4) the cost your reasons for believing that addition, while the list of questions may of the nuclear incident to DOE? To what willingness to undertake all or specific overlap with topics relevant to the extent is it possible to minimize any activities would or would not be NRC’s administration of the PAA, DOE detrimental effects on persons other affected. requests that comments be directed to than the person whose gross negligence 7. To what extent, if any, would the or willful misconduct resulted in a DOE and its activities as the NRC is elimination of the DOE Price-Anderson responsible for its own report to nuclear incident? For example, what indemnification affect the ability of DOE would be the effect if the United States Congress on the PAA. The list is contractors to obtain goods and services included in this Notice to spur government were given the right to seek from subcontractors and suppliers? reimbursement for the amount of the consideration of the PAA in its Explain your reasons for believing that operation and effect and facilitate public indemnification paid from a DOE the availability of goods and services for contractor or other person whose gross comment. This list is not intended to all or specific DOE activities would or limit or restrict the topics or areas of negligence or willful misconduct causes would not be affected. public comment, nor is it meant to a nuclear incident? 8. To what extent, if any, would the 13. Should the definition of nuclear indicate or commit that DOE will elimination of the DOE Price-Anderson incident be expanded to include address all the questions in its report to indemnification affect the ability of occurrences that result from DOE Congress. claimants to receive compensation for DOE requests the public to submit activity outside the United States where nuclear damage resulting from a DOE comments that identify the specific such activity does not involve nuclear activity? Explain your reasons for provision(s) of the PAA to which a material owned by, and used by or believing the ability of claimants to be position is expressed, be specific in under contract with, the United States? compensated for nuclear damage regard to the DOE activity(s) in For example, should the DOE Price- resulting from all or specific DOE question, and explain in as much detail Anderson indemnification be available as possible the rationale for the position. activities would or would not be for activities of DOE contractors that are 1. Should the DOE Price-Anderson affected. undertaken outside the United States for indemnification be continued without 9. What is the existing and the purposes such as non-proliferation, modification? potential availability of private nuclear risk reduction or improvement 2. Should the DOE Price-Anderson insurance to cover liability for nuclear of nuclear safety? If so, should the DOE indemnification be eliminated or made damage resulting from DOE activities? Price-Anderson indemnification for discretionary with respect to all or What would be the cost and the these additional activities be mandatory specific DOE activities? If discretionary, coverage of such insurance? To what or discretionary? what procedures and criteria should be extent, if any, would the availability, 14. Should the PAA be modified to used to determine which activities or cost, and coverage be dependent on the extend its authorization beyond 2025, or categories of activities should receive type of activity involved? To what to make permanent the authorization? If indemnification? extent, if any, would the availability, so, what would be the effect, if any, on 3. Should the DOE Price-Anderson cost, and coverage be dependent on the DOE Price-Anderson indemnification continue to provide whether the activity was a new activity indemnification? What would be the omnibus coverage of all persons legally or an existing activity? If the DOE Price- effect, if any, on the United States’ liable for nuclear damage, or should it Anderson indemnification were not adherence to the CSC? be restricted to DOE contractors or to available, how would that affect the 15. Should the PAA be modified as DOE contractors, subcontractors, and availability of insurance? Should DOE necessary to enable the United States to suppliers? require contractors to obtain private become a party to other international 4. If the DOE indemnification were insurance if the DOE Price-Anderson nuclear liability law treaties in addition not available for all or specified DOE indemnification were not available? to the CSC (that is, replace state tort law activities, are there acceptable 10. Should the amount of the DOE with the international nuclear liability alternatives? Possible alternatives might Price-Anderson indemnification for all principles, including channeling all include Public Law 85–804, section 162 or specified DOE activities inside the legal liability exclusively to the operator of the AEA, general contract indemnity, United States (currently approximately on the basis of strict liability)? If so, no indemnity, or private insurance. To $13.7 billion, adjusted for inflation), and what would be the effect, if any, on the the extent possible in discussing outside the United States ($500 million) system of financial protection, alternatives, compare each alternative to remain the same or be increased or indemnification and compensation decreased? established by the PAA? 37 Atomic Energy Act § 170p., codified as 11. Should the limit on aggregate 16. Should the PAA be modified to amended at 42 U.S.C. 2210(p). public liability be eliminated? If so, how harmonize the operation of the PAA and

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the CSC? If so, describe the modification document in electronic format for SUPPLEMENTARY INFORMATION: The and explain the rationale. publication, as an official document of purpose of this RFI is to solicit feedback 17. Should section 934 of EISA be the Department of Energy. This from the public and nonprofits that have modified, especially with respect to the administrative process in no way alters deep expertise in ESPC in the MUSH mechanisms for funding the United the legal effect of this document upon market, with solutions for the technical, States’ contribution to the CSC publication in the Federal Register. contractual, and financial barriers to international fund? If so, describe the Signed in Washington, DC, on July 21, achieving verified savings from ESPC. modification and explain the rationale. 2021. EERE is specifically interested in such 18. Should the procedures in the PAA Treena V. Garrett, organizations’ capacity, ability, for administrative and judicial experience, and best practices for proceedings be modified? If so, describe Federal Register Liaison Officer, U.S. Department of Energy. working with state energy offices and the modification and explain the other state and local government ESPC rationale. [FR Doc. 2021–15840 Filed 7–23–21; 8:45 am] practitioners to design and implement 19. Should there be any modification BILLING CODE 6450–01–P ESPC in their respective states; in the types of claims covered by the documenting MUSH-market ESPC state PAA system? DEPARTMENT OF ENERGY program needs and current projects; 20. What modifications in the PAA or facilitating MUSH market peer exchange its implementation, if any, could Notice of Request for Information (RFI) opportunities; and providing technical facilitate the prompt payment and on Supporting Energy Savings assistance to build state ESPC settlement of claims? Performance Contracting in the Public frameworks. Respondents may describe 21. Should the PAA be modified to Sector documented expertise in the field across address any unique circumstances or the country, experience leading or issues raised by the development and AGENCY: Office of Energy Efficiency and executing ESPC projects in the MUSH deployment of advanced nuclear Renewable Energy, Department of market (including all relevant technical, reactors, including small modular Energy (DOE). financial, and contractual expertise), reactors and microreactors? If so, and established network connections ACTION: Request for Information (RFI). describe the modification and explain with ESPC practitioners in the MUSH the rationale. market. This is solely a request for 22. Should the PAA be modified to SUMMARY: The U.S. Department of Energy (DOE) invites public comment information and not a Funding address any unique circumstances or Opportunity Announcement (FOA). issues raised by research and on its Request for Information (RFI) number 21EE000682 regarding EERE is not accepting applications. development activities related to Confidential Business Information: supporting Energy Savings Performance advanced nuclear reactors, including According to 10 CFR 1004.11, any Contracting (ESPC) in the public sector. small modular reactors and person submitting information that he DOE’s Office of Energy Efficiency and microreactors at DOE sites or by DOE or she believes to be confidential and contractors? If so, describe the Renewable Energy (EERE), exempt by law from public disclosure modification and explain the rationale. Weatherization and Intergovernmental should submit via email two well- 23. Should the PAA be modified to Programs Office (WIP), seeks marked copies: One copy of the address any issues raised by current or information from the public and document marked ‘‘confidential’’ anticipated changes in the nuclear nonprofit organizations that have the including all the information believed to industry such as increased use of expertise to support energy savings be confidential, and one copy of the reactors with capacity of less than 100 performance contracting (ESPC) in the document marked ‘‘non-confidential’’ megawatts, decreased use of reactors municipalities, universities, schools, with the information believed to be with capacity of greater than 100 and hospitals (MUSH) market. The confidential deleted. DOE will make its megawatts, and deployment of fusion desired outcome of this request is to own determination about the reactors? If so, describe the modification enhance how MUSH market confidential status of the information and explain the rationale. stakeholders can use ESPC to maximize and treat it according to its 24. Should the PAA be modified to energy and cost savings, local determination. address any environmental justice or economies, and workforce development. It is DOE’s policy that all comments equity and inclusion issues that may be DATES: Responses to the RFI must be may be included in the public docket, associated with the implementation of received no later than 5:00 p.m. EST on without change and as received, the PAA, or the administration of claims August 25, 2021. including any personal information covered by the PAA? If so, describe the provided in the comments (except ADDRESSES: Interested parties are to modification and explain the rationale. information deemed to be exempt from submit comments electronically to _ _ _ public disclosure). Signing Authority ESPC Support RFI DOEWIP@ Signing Authority: This document of This document of the Department of ee.doe.gov. Include ‘‘Supporting Energy the Department of Energy was signed on Energy was signed on July 20, 2021, by Savings Performance Contracting in the June 21, 2021, by Kelly Speakes- John T. Lucas, Acting General Counsel, Public Sector’’ in the subject of the title. Backman, Principal Deputy Assistant Office of the General Counsel, pursuant Only electronic responses will be Secretary and Acting Assistant Secretary to delegated authority from the accepted. The complete RFI document for Energy Efficiency and Renewable Secretary of Energy. That document is located at https://eere- Energy, pursuant to delegated authority with the original signature and date is exchange.energy.gov/. from the Secretary of Energy. That maintained by DOE. For administrative FOR FURTHER INFORMATION CONTACT: document with the original signature purposes only, and in compliance with Questions may be addressed to Alice and date is maintained by DOE. For requirements of the Office of the Federal Dasek at [email protected] or 202– administrative purposes only, and in Register, the undersigned DOE Federal 308–0894. Further instruction can be compliance with requirements of the Register Liaison Officer has been found in the RFI document posted on Office of the Federal Register, the authorized to sign and submit the EERE Exchange. undersigned DOE Federal Register

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Liaison Officer has been authorized to Persons unable to file electronically intervene or protest must serve a copy sign and submit the document in may mail similar pleadings to the of that document on the Applicant. electronic format for publication, as an Federal Energy Regulatory Commission, Notice is hereby given that the official document of the Department of 888 First Street NE, Washington, DC deadline for filing protests with regard Energy. This administrative process in 20426. Hand delivered submissions in to the applicant’s request for blanket no way alters the legal effect of this docketed proceedings should be authorization, under 18 CFR part 34, of document upon publication in the delivered to Health and Human future issuances of securities and Federal Register. Services, 12225 Wilkins Avenue, Rockville, Maryland 20852. assumptions of liability, is August 9, Signed in Washington, DC, on June 21, 2021. 2021. In addition to publishing the full text Treena V. Garrett, of this document in the Federal The Commission encourages Federal Register Liaison Officer, U.S. Register, the Commission provides all electronic submission of protests and Department of Energy. interested persons an opportunity to interventions in lieu of paper, using the [FR Doc. 2021–15836 Filed 7–23–21; 8:45 am] view and/or print the contents of this FERC Online links at http:// BILLING CODE 6450–01–P document via the internet through the www.ferc.gov. To facilitate electronic Commission’s Home Page (http:// service, persons with internet access www.ferc.gov) using the ‘‘eLibrary’’ link. who will eFile a document and/or be DEPARTMENT OF ENERGY Enter the docket number excluding the listed as a contact for an intervenor last three digits in the docket number must create and validate an Federal Energy Regulatory field to access the document. At this eRegistration account using the Commission time, the Commission has suspended eRegistration link. Select the eFiling [Docket No. ER21–2424–000] access to the Commission’s Public link to log on and submit the Reference Room, due to the intervention or protests. Generation Bridge M&M Holdings, proclamation declaring a National LLC; Supplemental Notice That Initial Emergency concerning the Novel Persons unable to file electronically Market-Based Rate Filing Includes Coronavirus Disease (COVID–19), issued may mail similar pleadings to the Request for Blanket Section 204 by the President on March 13, 2020. For Federal Energy Regulatory Commission, Authorization assistance, contact the Federal Energy 888 First Street NE, Washington, DC Regulatory Commission at 20426. Hand delivered submissions in This is a supplemental notice in the [email protected] or call docketed proceedings should be above-referenced proceeding of toll-free, (886) 208–3676 or TYY, (202) delivered to Health and Human Generation Bridge M&M Holdings, 502–8659. Services, 12225 Wilkins Avenue, LLC’s application for market-based rate Rockville, Maryland 20852. authority, with an accompanying rate Dated: July 20, 2021. tariff, noting that such application Debbie-Anne A. Reese, In addition to publishing the full text includes a request for blanket Deputy Secretary. of this document in the Federal authorization, under 18 CFR part 34, of [FR Doc. 2021–15854 Filed 7–23–21; 8:45 am] Register, the Commission provides all future issuances of securities and BILLING CODE 6717–01–P interested persons an opportunity to assumptions of liability. view and/or print the contents of this Any person desiring to intervene or to document via the internet through the protest should file with the Federal DEPARTMENT OF ENERGY Commission’s Home Page (http:// Energy Regulatory Commission, 888 www.ferc.gov) using the ‘‘eLibrary’’ link. First Street NE, Washington, DC 20426, Federal Energy Regulatory Enter the docket number excluding the in accordance with Rules 211 and 214 Commission last three digits in the docket number of the Commission’s Rules of Practice [Docket No. ER21–2429–000] field to access the document. At this and Procedure (18 CFR 385.211 and time, the Commission has suspended 385.214). Anyone filing a motion to Tulare Solar Center, LLC; access to the Commission’s Public intervene or protest must serve a copy Supplemental Notice That Initial Reference Room, due to the of that document on the Applicant. Market-Based Rate Filing Includes Notice is hereby given that the proclamation declaring a National Request for Blanket Section 204 Emergency concerning the Novel deadline for filing protests with regard Authorization to the applicant’s request for blanket Coronavirus Disease (COVID–19), issued authorization, under 18 CFR part 34, of This is a supplemental notice in the by the President on March 13, 2020. For future issuances of securities and above-referenced proceeding of Tulare assistance, contact the Federal Energy assumptions of liability, is August 9, Solar Center, LLC’s application for Regulatory Commission at 2021. market-based rate authority, with an [email protected] or call The Commission encourages accompanying rate tariff, noting that toll-free, (886) 208–3676 or TYY, (202) electronic submission of protests and such application includes a request for 502–8659. interventions in lieu of paper, using the blanket authorization, under 18 CFR Dated: July 20, 2021. FERC Online links at http:// part 34, of future issuances of securities www.ferc.gov. To facilitate electronic and assumptions of liability. Debbie-Anne A. Reese, service, persons with internet access Any person desiring to intervene or to Deputy Secretary. who will eFile a document and/or be protest should file with the Federal [FR Doc. 2021–15851 Filed 7–23–21; 8:45 am] listed as a contact for an intervenor Energy Regulatory Commission, 888 BILLING CODE 6717–01–P must create and validate an First Street NE, Washington, DC 20426, eRegistration account using the in accordance with Rules 211 and 214 eRegistration link. Select the eFiling of the Commission’s Rules of Practice link to log on and submit the and Procedure (18 CFR 385.211 and intervention or protests. 385.214). Anyone filing a motion to

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DEPARTMENT OF ENERGY field to access the document. At this link to log on and submit the time, the Commission has suspended intervention or protests. Federal Energy Regulatory access to the Commission’s Public Persons unable to file electronically Commission Reference Room, due to the may mail similar pleadings to the [Docket No. ER21–2426–000] proclamation declaring a National Federal Energy Regulatory Commission, Emergency concerning the Novel 888 First Street NE, Washington, DC CPRE 1 Lessee, LLC; Supplemental Coronavirus Disease (COVID–19), issued 20426. Hand delivered submissions in Notice That Initial Market-Based Rate by the President on March 13, 2020. For docketed proceedings should be Filing Includes Request for Blanket assistance, contact the Federal Energy delivered to Health and Human Section 204 Authorization Regulatory Commission at Services, 12225 Wilkins Avenue, [email protected] or call Rockville, Maryland 20852. This is a supplemental notice in the toll-free, (886) 208–3676 or TYY, (202) In addition to publishing the full text above-referenced proceeding of CPRE 1 502–8659. of this document in the Federal Lessee, LLC’s application for market- Register, the Commission provides all based rate authority, with an Dated: July 20, 2021. Debbie-Anne A. Reese, interested persons an opportunity to accompanying rate tariff, noting that view and/or print the contents of this Deputy Secretary. such application includes a request for document via the internet through the blanket authorization, under 18 CFR [FR Doc. 2021–15847 Filed 7–23–21; 8:45 am] Commission’s Home Page (http:// part 34, of future issuances of securities BILLING CODE 6717–01–P www.ferc.gov) using the ‘‘eLibrary’’ link. and assumptions of liability. Enter the docket number excluding the Any person desiring to intervene or to last three digits in the docket number protest should file with the Federal DEPARTMENT OF ENERGY field to access the document. At this Energy Regulatory Commission, 888 time, the Commission has suspended First Street NE, Washington, DC 20426, Federal Energy Regulatory access to the Commission’s Public in accordance with Rules 211 and 214 Commission Reference Room, due to the of the Commission’s Rules of Practice [Docket No. ER21–2408–000] proclamation declaring a National and Procedure (18 CFR 385.211 and Emergency concerning the Novel 385.214). Anyone filing a motion to SR Lumpkin, LLC. Supplemental Coronavirus Disease (COVID–19), issued intervene or protest must serve a copy Notice That Initial Market-Based Rate by the President on March 13, 2020. For of that document on the Applicant. Filing Includes Request for Blanket assistance, contact the Federal Energy Notice is hereby given that the Section 204 Authorization deadline for filing protests with regard Regulatory Commission at to the applicant’s request for blanket This is a supplemental notice in the [email protected] or call authorization, under 18 CFR part 34, of above-referenced proceeding of SR toll-free, (886) 208–3676 or TYY, (202) future issuances of securities and Lumpkin, LLC’s application for market- 502–8659. assumptions of liability, is August 9, based rate authority, with an Dated: July 20, 2021. 2021. accompanying rate tariff, noting that Debbie-Anne A. Reese, The Commission encourages such application includes a request for Deputy Secretary. blanket authorization, under 18 CFR electronic submission of protests and [FR Doc. 2021–15859 Filed 7–23–21; 8:45 am] part 34, of future issuances of securities interventions in lieu of paper, using the BILLING CODE 6717–01–P FERC Online links at http:// and assumptions of liability. www.ferc.gov. To facilitate electronic Any person desiring to intervene or to service, persons with internet access protest should file with the Federal DEPARTMENT OF ENERGY who will eFile a document and/or be Energy Regulatory Commission, 888 listed as a contact for an intervenor First Street NE, Washington, DC 20426, Federal Energy Regulatory must create and validate an in accordance with Rules 211 and 214 Commission of the Commission’s Rules of Practice eRegistration account using the [Docket No. ER21–2409–000] eRegistration link. Select the eFiling and Procedure (18 CFR 385.211 and link to log on and submit the 385.214). Anyone filing a motion to SR Snipesville II, LLC; Supplemental intervention or protests. intervene or protest must serve a copy Notice That Initial Market-Based Rate Persons unable to file electronically of that document on the Applicant. Filing Includes Request for Blanket may mail similar pleadings to the Notice is hereby given that the Section 204 Authorization Federal Energy Regulatory Commission, deadline for filing protests with regard 888 First Street NE, Washington, DC to the applicant’s request for blanket This is a supplemental notice in the 20426. Hand delivered submissions in authorization, under 18 CFR part 34, of above-referenced proceeding of SR docketed proceedings should be future issuances of securities and Snipesville II, LLC’s application for delivered to Health and Human assumptions of liability, is August 9, market-based rate authority, with an Services, 12225 Wilkins Avenue, 2021. accompanying rate tariff, noting that Rockville, Maryland 20852. The Commission encourages such application includes a request for In addition to publishing the full text electronic submission of protests and blanket authorization, under 18 CFR of this document in the Federal interventions in lieu of paper, using the part 34, of future issuances of securities Register, the Commission provides all FERC Online links at http:// and assumptions of liability. interested persons an opportunity to www.ferc.gov. To facilitate electronic Any person desiring to intervene or to view and/or print the contents of this service, persons with internet access protest should file with the Federal document via the internet through the who will eFile a document and/or be Energy Regulatory Commission, 888 Commission’s Home Page (http:// listed as a contact for an intervenor First Street NE, Washington, DC 20426, www.ferc.gov) using the ‘‘eLibrary’’ link. must create and validate an in accordance with Rules 211 and 214 Enter the docket number excluding the eRegistration account using the of the Commission’s Rules of Practice last three digits in the docket number eRegistration link. Select the eFiling and Procedure (18 CFR 385.211 and

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385.214). Anyone filing a motion to DEPARTMENT OF ENERGY Enter the docket number excluding the intervene or protest must serve a copy last three digits in the docket number of that document on the Applicant. Federal Energy Regulatory field to access the document. At this Commission Notice is hereby given that the time, the Commission has suspended deadline for filing protests with regard [Docket No. ER21–2423–000] access to the Commission’s Public Reference Room, due to the to the applicant’s request for blanket Generation Bridge Connecticut proclamation declaring a National authorization, under 18 CFR part 34, of Holdings, LLC; Supplemental Notice Emergency concerning the Novel future issuances of securities and That Initial Market-Based Rate Filing Coronavirus Disease (COVID–19), issued assumptions of liability, is August 9, Includes Request for Blanket Section by the President on March 13, 2020. For 2021. 204 Authorization assistance, contact the Federal Energy The Commission encourages Regulatory Commission at electronic submission of protests and This is a supplemental notice in the [email protected] or call interventions in lieu of paper, using the above-referenced proceeding of toll-free, (886) 208–3676 or TYY, (202) Generation Bridge Connecticut FERC Online links at http:// 502–8659. Holdings, LLC’s application for market- www.ferc.gov. To facilitate electronic based rate authority, with an Dated: July 20, 2021. service, persons with internet access accompanying rate tariff, noting that Debbie-Anne A. Reese, who will eFile a document and/or be such application includes a request for Deputy Secretary. listed as a contact for an intervenor blanket authorization, under 18 CFR [FR Doc. 2021–15846 Filed 7–23–21; 8:45 am] must create and validate an part 34, of future issuances of securities BILLING CODE 6717–01–P eRegistration account using the and assumptions of liability. eRegistration link. Select the eFiling Any person desiring to intervene or to link to log on and submit the protest should file with the Federal DEPARTMENT OF ENERGY intervention or protests. Energy Regulatory Commission, 888 Federal Energy Regulatory Persons unable to file electronically First Street NE, Washington, DC 20426, Commission may mail similar pleadings to the in accordance with Rules 211 and 214 Federal Energy Regulatory Commission, of the Commission’s Rules of Practice [Project No. 516–505] 888 First Street NE, Washington, DC and Procedure (18 CFR 385.211 and 20426. Hand delivered submissions in 385.214). Anyone filing a motion to Dominion Energy South Carolina, Inc.; intervene or protest must serve a copy docketed proceedings should be Notice of Availability of Environmental of that document on the Applicant. Assessment delivered to Health and Human Notice is hereby given that the Services, 12225 Wilkins Avenue, deadline for filing protests with regard In accordance with the National Rockville, Maryland 20852. to the applicant’s request for blanket Environmental Policy Act of 1969 and In addition to publishing the full text authorization, under 18 CFR part 34, of the Federal Energy Regulatory of this document in the Federal future issuances of securities and Commission (Commission) regulations, Register, the Commission provides all assumptions of liability, is August 9, 18 CFR part 380 (Order No. 486, 52 FR interested persons an opportunity to 2021. 47897), the Office of Energy Projects has view and/or print the contents of this The Commission encourages reviewed an application submitted by document via the internet through the electronic submission of protests and Dominion Energy South Carolina, Inc. (licensee) to allow the Joint Municipal Commission’s Home Page (http:// interventions in lieu of paper, using the Water and Sewer Commission (JMWSC), www.ferc.gov) using the ‘‘eLibrary’’ link. FERC Online links at http:// the use of Saluda Hydroelectric (FERC Enter the docket number excluding the www.ferc.gov. To facilitate electronic No. 516) project lands and waters to last three digits in the docket number service, persons with internet access who will eFile a document and/or be construct and operate a component of a field to access the document. At this listed as a contact for an intervenor raw water withdrawal facility. Once time, the Commission has suspended must create and validate an constructed, JMWSC would initially access to the Commission’s Public eRegistration account using the withdraw 10 million gallons of water Reference Room, due to the eRegistration link. Select the eFiling per day (mgd) from Lake Murray and proclamation declaring a National link to log on and submit the increase its withdrawals over time, up Emergency concerning the Novel intervention or protests. to 50 mgd, as water supply needs Coronavirus Disease (COVID–19), issued Persons unable to file electronically dictate. The Saluda project is located on by the President on March 13, 2020. For may mail similar pleadings to the the Saluda River in Richland, assistance, contact the Federal Energy Federal Energy Regulatory Commission, Lexington, Saluda, and Newberry Regulatory Commission at 888 First Street NE, Washington, DC counties, South Carolina. Once [email protected] or call 20426. Hand delivered submissions in constructed, the raw water withdrawal toll-free, (886) 208–3676 or TYY, (202) docketed proceedings should be facility itself will be located in 502–8659. delivered to Health and Human Lexington County. The project does not occupy federal lands. Dated: July 20, 2021. Services, 12225 Wilkins Avenue, Rockville, Maryland 20852. An Environmental Assessment (EA) Debbie-Anne A. Reese, In addition to publishing the full text has been prepared as part of Deputy Secretary. of this document in the Federal Commission staff’s review of the [FR Doc. 2021–15855 Filed 7–23–21; 8:45 am] Register, the Commission provides all proposal. This EA contains Commission BILLING CODE 6717–01–P interested persons an opportunity to staff’s analysis of the potential view and/or print the contents of this environmental effects of the proposed document via the internet through the action and concludes that approval of Commission’s Home Page (http:// the proposal, with appropriate www.ferc.gov) using the ‘‘eLibrary’’ link. environmental measures, would not

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constitute a major federal action j. KEI Power filed its request to use For assistance, contact FERC Online significantly affecting the quality of the the Traditional Licensing Process on Support. human environment. June 1, 2021. KEI Power provided Dated: July 20, 2021. The EA may be viewed on the public notice of its request on May 26, Debbie-Anne A. Reese, Commission’s website at http:// 2021. In a letter dated July 20, 2021, the Deputy Secretary. www.ferc.gov using the ‘‘eLibrary’’ link. Director of the Division of Hydropower Enter the docket number excluding the Licensing approved KEI Power’s request [FR Doc. 2021–15861 Filed 7–23–21; 8:45 am] last three digits in the docket number to use the Traditional Licensing Process. BILLING CODE 6717–01–P field to access the document. At this k. With this notice, we are initiating time, the Commission has suspended informal consultation with the U.S. Fish DEPARTMENT OF ENERGY access to the Commission’s Public and Wildlife Service under section 7 of Reference Room due to the the Endangered Species Act and the Federal Energy Regulatory proclamation declaring a National joint agency regulations thereunder at Commission Emergency concerning the Novel 50 CFR, Part 402. We are also initiating Coronavirus Disease (COVID–19), issued consultation with the New York State [Docket No. ER21–2445–000] by the President on March 13, 2020. Historic Preservation Officer, as Glacier Sands Wind Power, LLC; You may also register online at http:// required by section 106, National Supplemental Notice That Initial www.ferc.gov/docs-filing/ Historic Preservation Act, and the Market-Based Rate Filing Includes esubscription.asp to be notified via implementing regulations of the Request for Blanket Section 204 email of new filings and issuances Advisory Council on Historic Authorization related to this or other pending projects. Preservation at 36 CFR 800.2. For assistance, call 1–866–208–3676 or l. With this notice, we are designating This is a supplemental notice in the email [email protected], for Northbrook as the Commission’s non- above-referenced proceeding of Glacier TTY, call (202) 502–8659. federal representative for carrying out Sands Wind Power, LLC’s application For further information, contact Joy informal consultation pursuant to for market-based rate authority, with an Kurtz at (202) 502–6760 or by email at section 7 of the Endangered Species Act accompanying rate tariff, noting that [email protected]. and consultation pursuant to section such application includes a request for Dated: July 20, 2021. 106 of the National Historic blanket authorization, under 18 CFR Debbie-Anne A. Reese, Preservation Act. part 34, of future issuances of securities and assumptions of liability. Deputy Secretary. m. Northbrook filed a Pre-Application Document (PAD; including a proposed Any person desiring to intervene or to [FR Doc. 2021–15862 Filed 7–23–21; 8:45 am] protest should file with the Federal BILLING CODE 6717–01–P process plan and schedule) with the Commission, pursuant to 18 CFR 5.6 of Energy Regulatory Commission, 888 the Commission’s regulations. First Street NE, Washington, DC 20426, n. A copy of the PAD may be viewed in accordance with Rules 211 and 214 DEPARTMENT OF ENERGY of the Commission’s Rules of Practice on the Commission’s website (http:// and Procedure (18 CFR 385.211 and Federal Energy Regulatory www.ferc.gov), using the ‘‘eLibrary’’ 385.214). Anyone filing a motion to Commission link. Enter the docket number, intervene or protest must serve a copy excluding the last three digits in the [Project No. 2548–051] of that document on the Applicant. docket number field, to access the Notice is hereby given that the Northbrook Lyons Falls, LLC; Notice of document. At this time, the Commission deadline for filing protests with regard Intent To File License Application, has suspended access to the to the applicant’s request for blanket Filing of Pre-Application Document, Commission’s Public Reference Room, authorization, under 18 CFR part 34, of Approving Use of the Traditional due to the proclamation declaring a future issuances of securities and Licensing Process National Emergency concerning the assumptions of liability, is August 9, Novel Coronavirus Disease (COVID–19), a. Type of Filing: Notice of Intent to 2021. issued by the President on March 13, The Commission encourages File License Application and Request to 2020. For assistance, contact FERC Use the Traditional Licensing Process. electronic submission of protests and Online Support at interventions in lieu of paper, using the b. Project No.: 2548–051. [email protected], (866) 208 c. Date Filed: June 1, 2021. FERC Online links at http:// 3676 (toll free), or (202) 502–8659 d. Submitted By: Northbrook Lyons www.ferc.gov. To facilitate electronic (TTY). Falls, LLC (Northbrook). service, persons with internet access e. Name of Project: Lyons Falls o. The licensee states its unequivocal who will eFile a document and/or be Hydroelectric Project. intent to submit an application for a listed as a contact for an intervenor f. Location: On the Moose River, in new license for Project No. 2548. must create and validate an Lewis County, New York. The project Pursuant to 18 CFR 16.8, 16.9, and eRegistration account using the does not occupy any federal land. 16.10, each application for a new eRegistration link. Select the eFiling g. Filed Pursuant to: 18 CFR 5.3 of the license and any competing license link to log on and submit the Commission’s regulations. applications must be filed with the intervention or protests. h. Potential Applicant Contact: Sherri Commission at least 24 months prior to Persons unable to file electronically Loon, Coordinator, Operations; KEI the expiration of the existing license. may mail similar pleadings to the (USA) Power Management Inc.; 423 All applications for license for this Federal Energy Regulatory Commission, Brunswick Avenue, Gardiner, ME project must be filed by May 31, 2024. 888 First Street NE, Washington, DC 04345; at (207) 203–3026 or email at p. Register online at http:// 20426. Hand delivered submissions in [email protected]. www.ferc.gov/docs-filing/ docketed proceedings should be i. FERC Contact: Samantha Pollak at esubscription.asp to be notified via delivered to Health and Human (202) 502–6419; or email at email of new filing and issuances Services, 12225 Wilkins Avenue, [email protected]. related to this or other pending projects. Rockville, Maryland 20852.

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In addition to publishing the full text The Commission encourages authority, with an accompanying rate of this document in the Federal electronic submission of protests and tariff, noting that such application Register, the Commission provides all interventions in lieu of paper, using the includes a request for blanket interested persons an opportunity to FERC Online links at http:// authorization, under 18 CFR part 34, of view and/or print the contents of this www.ferc.gov. To facilitate electronic future issuances of securities and document via the internet through the service, persons with internet access assumptions of liability. Commission’s Home Page (http:// who will eFile a document and/or be Any person desiring to intervene or to www.ferc.gov) using the ‘‘eLibrary’’ link. listed as a contact for an intervenor protest should file with the Federal Enter the docket number excluding the must create and validate an Energy Regulatory Commission, 888 last three digits in the docket number eRegistration account using the First Street NE, Washington, DC 20426, field to access the document. At this eRegistration link. Select the eFiling in accordance with Rules 211 and 214 time, the Commission has suspended link to log on and submit the of the Commission’s Rules of Practice access to the Commission’s Public intervention or protests. and Procedure (18 CFR 385.211 and Reference Room, due to the Persons unable to file electronically 385.214). Anyone filing a motion to proclamation declaring a National may mail similar pleadings to the intervene or protest must serve a copy Emergency concerning the Novel Federal Energy Regulatory Commission, of that document on the Applicant. Coronavirus Disease (COVID–19), issued 888 First Street NE, Washington, DC Notice is hereby given that the by the President on March 13, 2020. For 20426. Hand delivered submissions in deadline for filing protests with regard assistance, contact the Federal Energy docketed proceedings should be to the applicant’s request for blanket Regulatory Commission at delivered to Health and Human authorization, under 18 CFR part 34, of [email protected] or call Services, 12225 Wilkins Avenue, future issuances of securities and toll-free, (886) 208–3676 or TYY, (202) Rockville, Maryland 20852. assumptions of liability, is August 9, 502–8659. In addition to publishing the full text 2021. Dated: July 20, 2021. of this document in the Federal The Commission encourages Debbie-Anne A. Reese, Register, the Commission provides all electronic submission of protests and interested persons an opportunity to Deputy Secretary. interventions in lieu of paper, using the view and/or print the contents of this FERC Online links at http:// [FR Doc. 2021–15848 Filed 7–23–21; 8:45 am] document via the internet through the www.ferc.gov. To facilitate electronic BILLING CODE 6717–01–P Commission’s Home Page (http:// service, persons with internet access www.ferc.gov) using the ‘‘eLibrary’’ link. who will eFile a document and/or be Enter the docket number excluding the DEPARTMENT OF ENERGY listed as a contact for an intervenor last three digits in the docket number must create and validate an Federal Energy Regulatory field to access the document. At this eRegistration account using the Commission time, the Commission has suspended eRegistration link. Select the eFiling access to the Commission’s Public link to log on and submit the Reference Room, due to the [Docket No. ER21–2406–000] intervention or protests. proclamation declaring a National Persons unable to file electronically Lancaster Solar LLC; Supplemental Emergency concerning the Novel may mail similar pleadings to the Notice That Initial Market-Based Rate Coronavirus Disease (COVID–19), issued Federal Energy Regulatory Commission, Filing Includes Request for Blanket by the President on March 13, 2020. For 888 First Street NE, Washington, DC Section 204 Authorization assistance, contact the Federal Energy 20426. Hand delivered submissions in Regulatory Commission at docketed proceedings should be This is a supplemental notice in the [email protected] or call delivered to Health and Human above-referenced proceeding of toll-free, (886) 208–3676 or TYY, (202) Services, 12225 Wilkins Avenue, Lancaster Solar LLC’s application for 502–8659. Rockville, Maryland 20852. market-based rate authority, with an Dated: July 20, 2021. In addition to publishing the full text accompanying rate tariff, noting that Debbie-Anne A. Reese, of this document in the Federal such application includes a request for Deputy Secretary. Register, the Commission provides all blanket authorization, under 18 CFR interested persons an opportunity to [FR Doc. 2021–15863 Filed 7–23–21; 8:45 am] part 34, of future issuances of securities view and/or print the contents of this and assumptions of liability. BILLING CODE 6717–01–P document via the internet through the Any person desiring to intervene or to Commission’s Home Page (http:// protest should file with the Federal DEPARTMENT OF ENERGY www.ferc.gov) using the ‘‘eLibrary’’ link. Energy Regulatory Commission, 888 Enter the docket number excluding the First Street NE, Washington, DC 20426, Federal Energy Regulatory last three digits in the docket number in accordance with Rules 211 and 214 Commission field to access the document. At this of the Commission’s Rules of Practice time, the Commission has suspended and Procedure (18 CFR 385.211 and [Docket No. ER21–2407–000] access to the Commission’s Public 385.214). Anyone filing a motion to SR Georgia Portfolio II Lessee, LLC; Reference Room, due to the intervene or protest must serve a copy Supplemental Notice That Initial proclamation declaring a National of that document on the Applicant. Market-Based Rate Filing Includes Emergency concerning the Novel Notice is hereby given that the Request for Blanket Section 204 Coronavirus Disease (COVID–19), issued deadline for filing protests with regard Authorization by the President on March 13, 2020. For to the applicant’s request for blanket assistance, contact the Federal Energy authorization, under 18 CFR part 34, of This is a supplemental notice in the Regulatory Commission at future issuances of securities and above-referenced proceeding of SR [email protected] or call assumptions of liability, is August 9, Georgia Portfolio II Lessee, LLC’s toll-free, (886) 208–3676 or TYY, (202) 2021. application for market-based rate 502–8659.

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Dated: July 20, 2021. interested persons an opportunity to www.ferc.gov. To facilitate electronic Debbie-Anne A. Reese, view and/or print the contents of this service, persons with internet access Deputy Secretary. document via the internet through the who will eFile a document and/or be [FR Doc. 2021–15860 Filed 7–23–21; 8:45 am] Commission’s Home Page (http:// listed as a contact for an intervenor BILLING CODE 6717–01–P www.ferc.gov) using the ‘‘eLibrary’’ link. must create and validate an Enter the docket number excluding the eRegistration account using the last three digits in the docket number eRegistration link. Select the eFiling DEPARTMENT OF ENERGY field to access the document. At this link to log on and submit the time, the Commission has suspended intervention or protests. Federal Energy Regulatory access to the Commission’s Public Persons unable to file electronically Commission Reference Room, due to the may mail similar pleadings to the [Docket No. ER21–2441–000] proclamation declaring a National Federal Energy Regulatory Commission, Emergency concerning the Novel 888 First Street NE, Washington, DC In Commodities US LLC; Supplemental Coronavirus Disease (COVID–19), issued 20426. Hand delivered submissions in Notice That Initial Market-Based Rate by the President on March 13, 2020. For docketed proceedings should be Filing Includes Request for Blanket assistance, contact the Federal Energy delivered to Health and Human Section 204 Authorization Regulatory Commission at Services, 12225 Wilkins Avenue, [email protected] or call Rockville, Maryland 20852. This is a supplemental notice in the toll-free, (886) 208–3676 or TYY, (202) In addition to publishing the full text above-referenced proceeding of In 502–8659. of this document in the Federal Commodities US LLC’s application for Register, the Commission provides all Dated: July 20, 2021. market-based rate authority, with an interested persons an opportunity to accompanying rate tariff, noting that Debbie-Anne A. Reese, view and/or print the contents of this such application includes a request for Deputy Secretary. document via the internet through the blanket authorization, under 18 CFR [FR Doc. 2021–15852 Filed 7–23–21; 8:45 am] Commission’s Home Page (http:// part 34, of future issuances of securities BILLING CODE 6717–01–P www.ferc.gov) using the ‘‘eLibrary’’ link. and assumptions of liability. Enter the docket number excluding the Any person desiring to intervene or to last three digits in the docket number protest should file with the Federal DEPARTMENT OF ENERGY field to access the document. At this Energy Regulatory Commission, 888 time, the Commission has suspended Federal Energy Regulatory First Street NE, Washington, DC 20426, access to the Commission’s Public Commission in accordance with Rules 211 and 214 Reference Room, due to the of the Commission’s Rules of Practice [Docket No. ER21–2410–000] proclamation declaring a National and Procedure (18 CFR 385.211 and Emergency concerning the Novel 385.214). Anyone filing a motion to Prairie Wolf Solar, LLC; Supplemental Coronavirus Disease (COVID–19), issued intervene or protest must serve a copy Notice That Initial Market-Based Rate by the President on March 13, 2020. For of that document on the Applicant. Filing Includes Request for Blanket assistance, contact the Federal Energy Notice is hereby given that the Section 204 Authorization Regulatory Commission at deadline for filing protests with regard [email protected] or call to the applicant’s request for blanket This is a supplemental notice in the above-referenced proceeding of Prairie toll-free, (886) 208–3676 or TYY, (202) authorization, under 18 CFR part 34, of 502–8659. future issuances of securities and Wolf Solar, LLC’s application for assumptions of liability, is August 9, market-based rate authority, with an Dated: July 20, 2021. 2021. accompanying rate tariff, noting that Debbie-Anne A. Reese, The Commission encourages such application includes a request for Deputy Secretary. electronic submission of protests and blanket authorization, under 18 CFR [FR Doc. 2021–15856 Filed 7–23–21; 8:45 am] interventions in lieu of paper, using the part 34, of future issuances of securities BILLING CODE 6717–01–P FERC Online links at http:// and assumptions of liability. www.ferc.gov. To facilitate electronic Any person desiring to intervene or to service, persons with internet access protest should file with the Federal DEPARTMENT OF ENERGY who will eFile a document and/or be Energy Regulatory Commission, 888 listed as a contact for an intervenor First Street NE, Washington, DC 20426, Federal Energy Regulatory must create and validate an in accordance with Rules 211 and 214 Commission eRegistration account using the of the Commission’s Rules of Practice eRegistration link. Select the eFiling and Procedure (18 CFR 385.211 and Combined Notice of Filings #1 link to log on and submit the 385.214). Anyone filing a motion to Take notice that the Commission intervention or protests. intervene or protest must serve a copy received the following electric rate Persons unable to file electronically of that document on the Applicant. filings: may mail similar pleadings to the Notice is hereby given that the Docket Numbers: ER17–615–005; Federal Energy Regulatory Commission, deadline for filing protests with regard ER12–1432–010; ER12–1435–010. 888 First Street NE, Washington, DC to the applicant’s request for blanket Applicants: Albany Green Energy, 20426. Hand delivered submissions in authorization, under 18 CFR part 34, of LLC, ReEnergy Livermore Falls LLC, docketed proceedings should be future issuances of securities and ReEnergy Stratton LLC. delivered to Health and Human assumptions of liability, is August 9, Description: Notice of Change in Services, 12225 Wilkins Avenue, 2021. Status of Albany Green Energy, LLC, et Rockville, Maryland 20852. The Commission encourages al. In addition to publishing the full text electronic submission of protests and Filed Date: 7/19/21. of this document in the Federal interventions in lieu of paper, using the Accession Number: 20210719–5212. Register, the Commission provides all FERC Online links at http:// Comments Due: 5 p.m. ET 8/9/21.

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Docket Numbers: ER17–1433–003. Filed Date: 7/20/21. and 214 of the Commission’s Applicants: PJM Interconnection, Accession Number: 20210720–5051. Regulations (18 CFR 385.211 and L.L.C. Comments Due: 5 p.m. ET 8/10/21. 385.214) on or before 5:00 p.m. Eastern Description: Compliance filing: FTR The filings are accessible in the time on the specified comment date. Forfeiture Rule Compliance Filing to be Commission’s eLibrary system (https:// Protests may be considered, but effective 12/31/9998. elibrary.ferc.gov/idmws/search/ intervention is necessary to become a Filed Date: 7/19/21. fercgensearch.asp) by querying the party to the proceeding. Accession Number: 20210719–5186. docket number. eFiling is encouraged. More detailed Comments Due: 5 p.m. ET 8/9/21. Any person desiring to intervene or information relating to filing Docket Numbers: ER21–55–001. protest in any of the above proceedings requirements, interventions, protests, Applicants: Mesquite Power, LLC. must file in accordance with Rules 211 service, and qualifying facilities filings Description: Compliance filing: and 214 of the Commission’s can be found at: http://www.ferc.gov/ Supplement To Pending Cost Regulations (18 CFR 385.211 and docs-filing/efiling/filing-req.pdf. For Justification Filing of Mesquite Power, 385.214) on or before 5:00 p.m. Eastern other information, call (866) 208–3676 LLC to be effective N/A. time on the specified comment date. (toll free). For TTY, call (202) 502–8659. Filed Date: 7/19/21. Protests may be considered, but Dated: July 20, 2021. Accession Number: 20210719–5174. intervention is necessary to become a Debbie-Anne A. Reese, Comments Due: 5 p.m. ET 8/9/21. party to the proceeding. Deputy Secretary. eFiling is encouraged. More detailed Docket Numbers: ER21–59–001. [FR Doc. 2021–15849 Filed 7–23–21; 8:45 am] Applicants: Brookfield Renewable information relating to filing BILLING CODE 6717–01–P Trading and Marketing LP. requirements, interventions, protests, Description: Compliance filing: service, and qualifying facilities filings Supplement to Oct 7, 2020 Justification can be found at: http://www.ferc.gov/ DEPARTMENT OF ENERGY of Spot Market Sales Above Soft Cap to docs-filing/efiling/filing-req.pdf. For be effective N/A. other information, call (866) 208–3676 Federal Energy Regulatory Filed Date: 7/19/21. (toll free). For TTY, call (202) 502–8659. Commission Accession Number: 20210719–5166. Dated: July 20, 2021. [Docket No. RM98–1–000] Comments Due: 5 p.m. ET 8/9/21. Debbie-Anne A. Reese, Docket Numbers: ER21–2028–001. Deputy Secretary. Records Governing Off-the-Record Applicants: Tucson Electric Power [FR Doc. 2021–15850 Filed 7–23–21; 8:45 am] Communications Company. BILLING CODE 6717–01–P Description: Tariff Amendment: This constitutes notice, in accordance Amendment to Filing of Service with 18 CFR 385.2201(b), of the receipt Agreement to be effective 5/1/2021. DEPARTMENT OF ENERGY of prohibited and exempt off-the-record Filed Date: 7/20/21. communications. Accession Number: 20210720–5045. Federal Energy Regulatory Order No. 607 (64 FR 51222, Comments Due: 5 p.m. ET 8/10/21. Commission September 22, 1999) requires Docket Numbers: ER21–2169–000. Commission decisional employees, who Applicants: Entergy Arkansas, LLC. Combined Notice of Filings make or receive a prohibited or exempt off-the-record communication relevant Description: Report Filing: EAL Take notice that the Commission has Refund Report (ER21–2169) to be to the merits of a contested proceeding, received the following Natural Gas to deliver to the Secretary of the effective N/A. Pipeline Rate and Refund Report filings: Filed Date: 7/19/21. Commission, a copy of the Docket Numbers: RP21–973–000. communication, if written, or a Accession Number: 20210719–5124. Applicants: Adelphia Gateway, LLC. Comments Due: 5 p.m. ET 8/9/21. summary of the substance of any oral Description: § 4(d) Rate Filing: communication. Docket Numbers: ER21–2463–000. Adelphia Tariff Revisions July 19 to be Prohibited communications are Applicants: Public Service Company effective 8/19/2021. included in a public, non-decisional file of New Mexico. Filed Date: 7/19/21. associated with, but not a part of, the Description: Compliance filing: WECC Accession Number: 20210719–5139. decisional record of the proceeding. Price cap to be effective 11/13/2020. Comments Due: 5 p.m. ET 8/2/21. Unless the Commission determines that Filed Date: 7/19/21. Docket Numbers: RP21–974–000. the prohibited communication and any Accession Number: 20210719–5173. Applicants: Transcontinental Gas responses thereto should become a part Comments Due: 5 p.m. ET 8/9/21. Pipe Line Company, LLC. of the decisional record, the prohibited Docket Numbers: ER21–2464–000. Description: § 4(d) Rate Filing: Rate off-the-record communication will not Applicants: Avangrid Renewables, Schedule FT—Section 2.7—SEP be considered by the Commission in LLC. Capacity (2) to be effective 8/19/2021. reaching its decision. Parties to a Description: Compliance filing: Spot Filed Date: 7/19/21. proceeding may seek the opportunity to Sales at Prices Exceeding the WECC Accession Number: 20210719–5179. respond to any facts or contentions ‘‘Soft’’ Cap to be effective N/A. Comments Due: 5 p.m. ET 8/2/21. made in a prohibited off-the-record Filed Date: 7/19/21. The filings are accessible in the communication and may request that Accession Number: 20210719–5182. Commission’s eLibrary system (https:// the Commission place the prohibited Comments Due: 5 p.m. ET 8/9/21. elibrary.ferc.gov/idmws/search/ communication and responses thereto Docket Numbers: ER21–2465–000. fercgensearch.asp) by querying the in the decisional record. The Applicants: Equilon Enterprises LLC. docket number. Commission will grant such a request Description: Compliance filing: New Any person desiring to intervene or only when it determines that fairness so eTariff Baseline Filing to be effective protest in any of the above proceedings requires. Any person identified below as 6/2/2021. must file in accordance with Rules 211 having made a prohibited off-the-record

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communication shall serve the CFR 1501.6, made under 18 CFR Room or may be viewed on the document on all parties listed on the 385.2201(e)(1)(v). Commission’s website at http:// official service list for the applicable The following is a list of off-the- www.ferc.gov using the eLibrary link. proceeding in accordance with Rule record communications recently Enter the docket number, excluding the 2010, 18 CFR 385.2010. received by the Secretary of the last three digits, in the docket number Exempt off-the-record Commission. The communications field to access the document. For communications are included in the listed are grouped by docket numbers in assistance, please contact FERC Online decisional record of the proceeding, ascending order. These filings are Support at FERCOnlineSupport@ unless the communication was with a available for electronic review at the ferc.gov or toll free at (866) 208–3676, or cooperating agency as described by 40 Commission in the Public Reference for TTY, contact (202) 502–8659.

Presenter or Docket Nos. File date requester

Prohibited: 1. P–2082–062, P–14803–000, P–14803–004 ...... 7–19–2021 FERC Staff.1 2. P–2082–062, P–14803–000, P–14803–004 ...... 7–20–2021 FERC Staff.2 Exempt: EC21–77–000 ...... 7–19–2021 U.S. Congress.3 1 Emailed comments dated 7/17/2021 from William E. Simpson II. 2 Emailed comments dated 7/20/2021 from William E. Simpson II. 3 U.S. Senator Sherrod Brown and Representatives Marcy Kaptur and Tim Ryan.

Dated: July 20, 2021. method), by email to a-and-r-Docket@ practical utility; (ii) evaluate the Debbie-Anne A. Reese, epa.gov, or by mail to: EPA Docket accuracy of the Agency’s estimate of the Deputy Secretary. Center, Environmental Protection burden of the proposed collection of [FR Doc. 2021–15858 Filed 7–23–21; 8:45 am] Agency, Mail Code 28221T, 1200 information, including the validity of BILLING CODE 6717–01–P Pennsylvania Ave. NW, Washington, DC the methodology and assumptions used; 20460. (iii) enhance the quality, utility, and EPA’s policy is that all comments clarity of the information to be ENVIRONMENTAL PROTECTION received will be included in the public collected; and (iv) minimize the burden AGENCY docket without change including any of the collection of information on those personal information provided, unless who are to respond, including through [EPA–HQ–OAR–2003–0078; FRL 8681–01– the comment includes profanity, threats, the use of appropriate automated OAR] information claimed to be Confidential electronic, mechanical, or other Business Information (CBI) or other technological collection techniques or Proposed Information Collection information whose disclosure is other forms of information technology, Request; Comment Request; Landfill restricted by statute. e.g., permitting electronic submission of Methane Outreach Program (Renewal) FOR FURTHER INFORMATION CONTACT: responses. EPA will consider the AGENCY: Environmental Protection Lauren Aepli, Climate Change Division, comments received and amend the ICR Agency (EPA). Office of Atmospheric Programs, as appropriate. The final ICR package ACTION: Notice. (6207A), Environmental Protection will then be submitted to OMB for Agency, 1200 Pennsylvania Ave. NW, review and approval. At that time, EPA SUMMARY: The Environmental Protection Washington, DC 20460; telephone will issue another Federal Register Agency (EPA) is planning to submit an number: (202) 343–9423; fax number: notice to announce the submission of information collection request (ICR), (202) 343–2342; email address: the ICR to OMB and the opportunity to ‘‘Landfill Methane Outreach Program’’ [email protected]. submit additional comments to OMB. (EPA ICR No. 1849.10, OMB Control No. SUPPLEMENTARY INFORMATION: Abstract: The Landfill Methane 2060–0446) to the Office of Management Supporting documents which explain in Outreach Program (LMOP), created by and Budget (OMB) for review and detail the information that the EPA will EPA as part of the United States’ approval in accordance with the be collecting are available in the public commitment to reduce greenhouse gas Paperwork Reduction Act. Before doing docket for this ICR. The docket can be emissions under the United Nations so, EPA is soliciting public comments viewed online at www.regulations.gov Framework Convention on Climate on specific aspects of the proposed or in person at the EPA Docket Center, Change, is a voluntary program information collection as described WJC West, Room 3334, 1301 designed to encourage and facilitate the below. This is a proposed extension of Constitution Ave. NW, Washington, DC. development of environmentally and the ICR, which is currently approved The telephone number for the Docket economically sound landfill gas (LFG) through April 30, 2022. An Agency may Center is 202–566–1744. For additional energy projects across the United States not conduct or sponsor and a person is information about EPA’s public docket, to reduce methane emissions from not required to respond to a collection visit http://www.epa.gov/dockets. landfills. LMOP meets these objectives of information unless it displays a Pursuant to section 3506(c)(2)(A) of by educating local governments and currently valid OMB control number. the PRA, EPA is soliciting comments communities about the benefits of LFG DATES: Comments must be submitted on and information to enable it to: (i) recovery and use; building partnerships or before September 24, 2021. Evaluate whether the proposed between state agencies, industry, energy ADDRESSES: Submit your comments, collection of information is necessary service providers, local communities, referencing Docket ID No. EPA–HQ– for the proper performance of the and other stakeholders interested in OAR–2003–0078, online using functions of the Agency, including developing this valuable resource in www.regulations.gov (our preferred whether the information will have their community; and providing tools to

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evaluate LFG energy potential. LMOP ENVIRONMENTAL PROTECTION operating permit within 60 days after signed voluntary Memoranda of AGENCY the expiration of EPA’s 45-day review period if the EPA has not objected on its Understanding (MOUs) with these [FRL–8700–01–R9] organizations to enlist their support in own initiative. Petitions must be based promoting cost-effective LFG utilization. Clean Air Act Operating Permit only on objections to the permit that The information collection includes Program: Petition To Object to were raised with reasonable specificity completion and submission of the MOU, Operating Permits for the Drews and during the public comment period periodic information updates, and Century Power Generating Facilities in provided by the state, unless the annual completion and submission of Southern California petitioner demonstrates that it was basic information on landfill methane impracticable to raise these issues AGENCY: Environmental Protection during the comment period or the projects with which the organizations Agency (EPA). are involved as an effort to update the grounds for the issues arose after the ACTION: Notice of final action. comment period. LMOP Landfill and Landfill Gas Energy On November 24, 2020, the EPA Project Database. The information SUMMARY: The Environmental Protection received a petition requesting that the collection is to be utilized to maintain Agency (EPA) Administrator signed an EPA object to the CAA title V renewal up-to-date data and information about Order, dated May 10, 2021, denying a permits for Colton Power, LP’s Drews LMOP Partners and LFG energy projects petition to object to Clean Air Act (CAA) Power Generating Station (Facility ID with which they are involved. The data title V operating permits issued to two No. 182561) and Century Power will also be used by the public to access facilities by the South Coast Air Quality Generating Station (Facility ID No. LFG energy project development Management District (SCAQMD). The 182563) (‘‘Permits’’). The Petitioners opportunities in the United States. In EPA’s May 10, 2021 Order responds to claim that the Permits must be revised addition, the information collection will a November 24, 2020 petition submitted to include the more stringent oxides of by the Sierra Club and the Center for assist EPA in evaluating the reduction of nitrogen (NOX) emissions limit in a methane emissions from landfills. No Community Action and Environmental recently amended version of local Justice (the ‘‘Petitioners’’). The confidential information is requested or SCAQMD Rule 1134. The NOX Petitioners requested that the EPA required in this information collection. emissions limit has a compliance date of object to the issuance of two title V Form Numbers: 5900–157, 5900–158, January 1, 2024 and the Petitioners renewal operating permits issued to argued that the Permits must be revised 5900–159, 5900–160, and 5900–161. Colton Power, LP’s Drews Power now because the compliance date Respondents/affected entities: Private Generating Station and Century Power occurs before the expiration of the companies and municipalities that own Generating Station, located in San Permits. The Petitioners further argued or operate landfills; manufacturers and Bernardino County, California. The that if the operator has not yet chosen suppliers of equipment/knowledge to Order constitutes final action on the one of the two compliance options from capture and utilize LFG; utility petition requesting the Administrator the local rule, then the SCAQMD must companies; end-users of energy from object to the issuance of the proposed revise the Permits to include both landfills; developers of LFG energy CAA title V permits. compliance options. projects; State agencies; and other LFG DATES: Pursuant to section 307(b)(1) of The EPA denied the petition because energy stakeholders. the Clean Air Act, 42 U.S.C. 7607(b)(1), the Petitioners failed to demonstrate judicial review of this final agency that the recently amended version of Respondent’s obligation to respond: action, to the extent it is available, may SCAQMD Rule 1134 is an applicable Voluntary. be sought by filing a petition for review requirement as defined in 40 CFR 70.2 Estimated number of respondents: in the United States Court of Appeals The Order provides additional 1,066 (total). for the Ninth Circuit within 60 days of information, including the EPA’s Frequency of response: Annual. July 26, 2021. detailed basis for denying the petition. ADDRESSES: Copies of the petition and Dated: July 8, 2021. Total estimated burden: 2,176 hours Order are available at https:// Elizabeth Adams, (per year). Burden is defined at 5 CFR www.epa.gov/title-v-operating-permits/ 1320.03(b). title-v-petition-database. For additional Acting Regional Administrator, Region IX. Total estimated cost: $199,457 (per information, please contact the person [FR Doc. 2021–15842 Filed 7–23–21; 8:45 am] year), includes $0 annualized capital or identified in the FOR FURTHER BILLING CODE 6560–50–P operation & maintenance costs. INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Lisa Changes in estimates: There is FEDERAL COMMUNICATIONS Beckham, EPA Region 9, 75 Hawthorne decrease of 94 hours in the total COMMISSION estimated respondent burden compared Street (AIR–3–1), San Francisco, with the ICR currently approved by California 94105. By phone at (415) [OMB 3060–1186; FR ID 39557] OMB. This decrease is due to 972–3811, or by email at beckham.lisa@ Information Collection Being anticipated slowed growth in the epa.gov. SUPPLEMENTARY INFORMATION: The CAA Submitted for Review and Approval to number of new LMOP Partners Office of Management and Budget annually. affords the EPA a 45-day period to review and, as appropriate, the AGENCY: Federal Communications Paul M. Gunning, authority to object to operating permits Commission. Director, Climate Change Division. proposed by state and local permitting ACTION: Notice and request for [FR Doc. 2021–15803 Filed 7–23–21; 8:45 am] authorities under title V of the CAA, 42 comments. BILLING CODE 6560–50–P U.S.C. 7661–7661f. Section 505(b)(2) of the CAA and 40 CFR 70.8(d) authorize SUMMARY: As part of its continuing effort any person to petition the EPA to reduce paperwork burdens, as Administrator to object to a title V required by the Paperwork Reduction

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Act (PRA) of 1995, the Federal SUPPLEMENTARY INFORMATION: As part of Commission focus on the issue is Communications Commission (FCC or its continuing effort to reduce warranted. The rural call completion the Commission) invites the general paperwork burdens, as required by the contact information will be used to public and other Federal Agencies to Paperwork Reduction Act (PRA) of 1995 facilitate industry collaboration to take this opportunity to comment on the (44 U.S.C. 3501–3520), the FCC invited address call completion issues. following information collection. the general public and other Federal Federal Communications Commission. Pursuant to the Small Business Agencies to take this opportunity to Cecilia Sigmund, Paperwork Relief Act of 2002, the FCC comment on the following information Federal Register Liaison Officer, Office of the seeks specific comment on how it might collection. Comments are requested Secretary. ‘‘further reduce the information concerning: (a) Whether the proposed [FR Doc. 2021–15797 Filed 7–23–21; 8:45 am] collection burden for small business collection of information is necessary concerns with fewer than 25 for the proper performance of the BILLING CODE 6712–01–P employees.’’ The Commission may not functions of the Commission, including conduct or sponsor a collection of whether the information shall have information unless it displays a practical utility; (b) the accuracy of the FEDERAL ELECTION COMMISSION currently valid Office of Management Commission’s burden estimates; (c) Sunshine Act Meeting and Budget (OMB) control number. No ways to enhance the quality, utility, and person shall be subject to any penalty clarity of the information collected; and TIME AND DATE: Thursday, July 29, 2021 for failing to comply with a collection (d) ways to minimize the burden of the at 10:00 a.m. of information subject to the PRA that collection of information on the PLACE: Virtual meeting. Note: Because of does not display a valid OMB control respondents, including the use of the COVID–19 pandemic, we will number. automated collection techniques or conduct the open meeting virtually. If other forms of information technology. DATES: Written comments and you would like to access the meeting, Pursuant to the Small Business recommendations for the proposed see the instructions below. Paperwork Relief Act of 2002, Public information collection should be STATUS: This meeting will be open to the Law 107–198, see 44 U.S.C. 3506(c)(4), submitted on or before August 25, 2021. public. To access the virtual meeting, go the FCC seeks specific comment on how to the commission’s website ADDRESSES: Comments should be sent to it might ‘‘further reduce the information www.fec.gov and click on the banner to www.reginfo.gov/public/do/PRAMain. collection burden for small business be taken to the meeting page. Find this particular information concerns with fewer than 25 collection by selecting ‘‘Currently under MATTERS TO BE CONSIDERED: employees.’’ Draft Advisory Opinion 2021–07: PAC 30-day Review—Open for Public OMB Control Number: 3060–1186. Management Services LLC Comments’’ or by using the search Title: Rural Call Completion, WC (‘‘PACMS’’) function. Your comment must be Docket No. 13–39. Draft Advisory Opinion 2021–08: submitted into www.reginfo.gov per the Form Number: N/A. Type of Review: Revision of a Congressman Scott Fitzgerald above instructions for it to be REG 2021–02 (Subvendor Reporting)— considered. In addition to submitting in currently approved collection. Respondents: Business or other for- Draft Notification of Availability www.reginfo.gov also send a copy of Management and Administrative profit entities. your comment on the proposed Matters information collection to Nicole Ongele, Number of Respondents and CONTACT PERSON FOR MORE INFORMATION: FCC, via email to [email protected] and to Responses: 56 respondents; 56 responses. Judith Ingram, Press Officer. Telephone: [email protected]. Include in the (202) 694–1220. comments the OMB control number as Estimated Time per Response: 1 hour. Frequency of Response: Third-party Authority: Government in the shown in the SUPPLEMENTARY Sunshine Act, 5 U.S.C. 552b. INFORMATION below. disclosure requirement. Obligation to Respond: Mandatory. Laura E. Sinram, FOR FURTHER INFORMATION CONTACT: For Statutory authority for this collection is additional information or copies of the Acting Secretary and Clerk of the contained in sections 201, 202, 217, 218, Commission. information collection, contact Nicole 220(a), 251(a), and 403 of the [FR Doc. 2021–15910 Filed 7–22–21; 11:15 am] Ongele at (202) 418–2991. To view a Communications Act of 1934, as BILLING CODE 6715–01–P copy of this information collection amended, 47 U.S.C. 201, 202, 217, 218, request (ICR) submitted to OMB: (1) Go 220(a), 251(a), 403. to the web page http://www.reginfo.gov/ Total Annual Burden: 56 hours. public/do/PRAMain, (2) look for the Total Annual Cost: No Cost. FEDERAL RESERVE SYSTEM section of the web page called Privacy Act Impact Assessment: No Change in Bank Control Notices; ‘‘Currently Under Review,’’ (3) click on impact(s). Acquisitions of Shares of a Bank or the downward-pointing arrow in the Nature and Extent of Confidentiality: Bank Holding Company ‘‘Select Agency’’ box below the The Commission is not requesting that ‘‘Currently Under Review’’ heading, (4) the respondents submit confidential The notificants listed below have select ‘‘Federal Communications information to the FCC. Respondents applied under the Change in Bank Commission’’ from the list of agencies may, however, request confidential Control Act (Act) (12 U.S.C. 1817(j)) and presented in the ‘‘Select Agency’’ box, treatment for information they believe to § 225.41 of the Board’s Regulation Y (12 (5) click the ‘‘Submit’’ button to the be confidential under 47 CFR 0.459 of CFR 225.41) to acquire shares of a bank right of the ‘‘Select Agency’’ box, (6) the Commission’s rules. or bank holding company. The factors when the list of FCC ICRs currently Needs and Uses: The Commission has that are considered in acting on the under review appears, look for the Title found that rural call completion is a applications are set forth in paragraph 7 of this ICR and then click on the ICR continuing problem imposing needless of the Act (12 U.S.C. 1817(j)(7)). Reference Number. A copy of the FCC economic and personal costs on local The public portions of the submission to OMB will be displayed. communities, and that continued applications listed below, as well as

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other related filings required by the pursuant to the Bank Holding Company has submitted the information Board, if any, are available for Act of 1956 (12 U.S.C. 1841 et seq.) collection request titled CryptoNet Case immediate inspection at the Federal (BHC Act), Regulation Y (12 CFR part Report Form to the Office of Reserve Bank(s) indicated below and at 225), and all other applicable statutes Management and Budget (OMB) for the offices of the Board of Governors. and regulations to become a bank review and approval. CDC previously This information may also be obtained holding company and/or to acquire the published a ‘‘Proposed Data Collection on an expedited basis, upon request, by assets or the ownership of, control of, or Submitted for Public Comment and contacting the appropriate Federal the power to vote shares of a bank or Recommendations’’ notice on March 8, Reserve Bank and from the Board’s bank holding company and all of the 2021 to obtain comments from the Freedom of Information Office at banks and nonbanking companies public and affected agencies. CDC did https://www.federalreserve.gov/foia/ owned by the bank holding company, not receive comments related to the request.htm. Interested persons may including the companies listed below. previous notice. This notice serves to express their views in writing on the The public portions of the allow an additional 30 days for public standards enumerated in paragraph 7 of applications listed below, as well as and affected agency comments. the Act. other related filings required by the CDC will accept all comments for this Comments regarding each of these Board, if any, are available for proposed information collection project. applications must be received at the immediate inspection at the Federal The Office of Management and Budget Reserve Bank indicated or the offices of Reserve Bank(s) indicated below and at is particularly interested in comments the Board of Governors, Ann E. the offices of the Board of Governors. that: Misback, Secretary of the Board, 20th This information may also be obtained (a) Evaluate whether the proposed Street and Constitution Avenue NW, on an expedited basis, upon request, by collection of information is necessary Washington, DC 20551–0001, not later contacting the appropriate Federal for the proper performance of the than August 10, 2021. Reserve Bank and from the Board’s functions of the agency, including A. Federal Reserve Bank of San Freedom of Information Office at whether the information will have Francisco (Sebastian Astrada, Director, https://www.federalreserve.gov/foia/ practical utility; Applications) 101 Market Street, San request.htm. Interested persons may (b) Evaluate the accuracy of the Francisco, California 94105–1579: express their views in writing on the agencies estimate of the burden of the 1. The Vanguard Group, Inc., standards enumerated in the BHC Act proposed collection of information, Malvern, Pennsylvania; on behalf of (12 U.S.C. 1842(c)). including the validity of the itself, its subsidiaries and affiliates, Comments regarding each of these methodology and assumptions used; including investment companies applications must be received at the (c) Enhance the quality, utility, and registered under the Investment Reserve Bank indicated or the offices of clarity of the information to be Company Act of 1940, other pooled the Board of Governors, Ann E. collected; investment vehicles, and institutional Misback, Secretary of the Board, 20th (d) Minimize the burden of the accounts that are sponsored, managed, Street and Constitution Avenue NW, collection of information on those who or advised by Vanguard; to acquire Washington, DC 20551–0001, not later are to respond, including, through the additional voting shares of Green Dot than August 25, 2021. use of appropriate automated, Corporation, Pasadena, California, and A. Federal Reserve Bank of Chicago electronic, mechanical, or other thereby indirectly acquire voting shares (Colette A. Fried, Assistant Vice technological collection techniques or of Green Dot Bank, Provo, Utah. President) 230 South LaSalle Street, other forms of information technology, 2. The Vanguard Group, Inc., Chicago, Illinois 60690–1414: e.g., permitting electronic submission of Malvern, Pennsylvania; on behalf of 1. Nicolet Bankshares, Inc., Green responses; and (e) Assess information collection itself, its subsidiaries and affiliates, Bay, Wisconsin; to merge with County costs. including investment companies Bancorp Inc., and thereby indirectly registered under the Investment To request additional information on acquire Investors Community Bank, the proposed project or to obtain a copy Company Act of 1940, other pooled both of Manitowoc, Wisconsin. investment vehicles, and institutional of the information collection plan and accounts that are sponsored, managed, instruments, call (404) 639–7570. or advised by Vanguard; to acquire Board of Governors of the Federal Reserve Comments and recommendations for the System, July 21, 2021. additional voting shares of Columbia proposed information collection should Banking System, Inc., and thereby Michele Taylor Fennell, be sent within 30 days of publication of indirectly acquire voting shares of Deputy Associate Secretary of the Board. this notice to www.reginfo.gov/public/ Columbia Bank, both of Tacoma, [FR Doc. 2021–15893 Filed 7–23–21; 8:45 am] do/PRAMain Find this particular Washington. BILLING CODE P information collection by selecting ‘‘Currently under 30-day Review—Open Board of Governors of the Federal Reserve System, July 21, 2021. for Public Comments’’ or by using the search function. Direct written Michele Taylor Fennell, DEPARTMENT OF HEALTH AND comments and/or suggestions regarding Deputy Associate Secretary of the Board. HUMAN SERVICES the items contained in this notice to the [FR Doc. 2021–15892 Filed 7–23–21; 8:45 am] Centers for Disease Control and Attention: CDC Desk Officer, Office of BILLING CODE P Prevention Management and Budget, 725 17th [30Day–21–21DI] Street NW, Washington, DC 20503 or by fax to (202) 395–5806. Provide written FEDERAL RESERVE SYSTEM Agency Forms Undergoing Paperwork comments within 30 days of notice Formations of, Acquisitions by, and Reduction Act Review publication. Mergers of Bank Holding Companies In accordance with the Paperwork Proposed Project The companies listed in this notice Reduction Act of 1995, the Centers for CryptoNet Case Report Form—New— have applied to the Board for approval, Disease Control and Prevention (CDC) National Center for Emerging and

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Zoonotic Infectious Diseases (NCEZID), Cryptosporidium cases, clusters, or Surveillance node in CDC’s Waterborne Centers for Disease Control and outbreaks. CryptoNet is meant to Disease Prevention Branch (WDPB) will Prevention (CDC). supplement existing cryptosporidiosis oversee data collection, data case surveillance data reported through Background and Brief Description management, and analyses and the National Notifiable Diseases dissemination of data collected with the Cryptosporidium are a genus of Surveillance System (NNDSS) (OMB CRF during cryptosporidiosis parasites that cause the diarrheal No. 0920–0728, Exp. 3/31/2024). investigations. The data collected from disease cryptosporidiosis. As part of Current cryptosporidiosis case the CRF will be used to inform exposure Cryptosporidium case and outbreak surveillance through NNDSS lacks trends among cases, clusters, or investigations, it is common for state information on key exposures proposed outbreaks with the intention to identify and local health departments to conduct to be captured by CryptoNet. Notably, and implement prevention and control comprehensive interviews with cases information proposed to be collected as strategies and recommendations. and contacts to identify how individuals part of CryptoNet serves as the The CRF data elements and form were became sick with cryptosporidiosis, to foundation for the recently developed designed for administration via identify individuals who could have foodborne and diarrheal diseases telephone interview with cases of come into contact with an individual message mapping guide— cryptosporidiosis or their proxies. This sick with cryptosporidiosis, and to cryptosporidiosis tab (FDD MMG). The method was chosen to reduce the identify strategies to control the disease FDD MMG is the latest revision to overall burden on respondents because spread. Since cryptosporidiosis can be NNDSS that aims to increase the it allows for the assessment team to ask transmitted through numerous modes, it amount of exposure data collected on for clarification from participants during can be challenging to identify how each cryptosporidiosis case. Upon the interview, and this limits the need individuals could have become ill. As a nationwide implementation of the FDD result, comprehensive case report forms MMG, NCEZID anticipates that the for additional follow-up. The data focused on a range of settings, activities, CryptoNet Case Report form will be collection instrument was designed to and potential modes of transmission are retired. collect the minimum information needed to guide prevention and control Administration of the CRF is to necessary for the purposes of this activities. conduct surveillance on exposures project. The CryptoNet case report form (CRF) associated with Cryptosporidium cases Based on the annual number of was developed to meet the needs of to better inform prevention and control laboratory specimens collected by the CDC’s case surveillance experts and strategies for these infections. There are Cryptosporidium laboratory at CDC, it is local officials. The CRF includes a set of no research questions addressed. expected that an average of 500 data elements that can be used to Standardized data will be compiled on CryptoNet CRFs will be collected each identify exposure trends in outbreak- recent exposures related to year. OMB approval is requested for and non-outbreak-associated cryptosporidiosis with the intention to three years. Participation is voluntary Cryptosporidium cases, to generate inform disease prevention and control and there are no costs to respondents hypotheses about the source(s) of activities and will not be used to inform other than their time. The total infection in clusters or outbreaks, and to generalizable knowledge. CDC’s estimated annualized burden is 125 identify strategies to prevent and control CryptoNet staff and the Case hours.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Individuals ill with Cryptosporidiosis, or their CryptoNet Case Report Form ...... 500 1 15/60 designated proxy.

Jeffrey M. Zirger, Disease Control and Prevention (CDC) The Office of Management and Budget Lead, Information Collection Review Office, has submitted the information is particularly interested in comments Office of Scientific Integrity, Office of Science, collection request titled ‘‘Development that: Centers for Disease Control and Prevention. of CDC’s Let’s Stop HIV Together Social (a) Evaluate whether the proposed [FR Doc. 2021–15790 Filed 7–23–21; 8:45 am] Marketing Campaign for Consumers’’ to collection of information is necessary BILLING CODE 4163–18–P the Office of Management and budget for the proper performance of the (OMB) for review and approval. CDC functions of the agency, including previously published a ‘‘Proposed Data whether the information will have DEPARTMENT OF HEALTH AND Collection Submitted for Public practical utility; HUMAN SERVICES Comment and Recommendations’’ (b) Evaluate the accuracy of the notice on March 12, 2021 to obtain Centers for Disease Control and agencies estimate of the burden of the comments from the public and affected Prevention proposed collection of information, agencies. CDC did not receive comments including the validity of the [30Day–21–1169] related to the previous notice. This methodology and assumptions used; notice serves to allow an additional 30 (c) Enhance the quality, utility, and Agency Forms Undergoing Paperwork days for public and affected agency clarity of the information to be Reduction Act Review comments. collected; In accordance with the Paperwork CDC will accept all comments for this (d) Minimize the burden of the Reduction Act of 1995, the Centers for proposed information collection project. collection of information on those who

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are to respond, including, through the STD and TB Prevention (NCHHSTP), who inject drugs; and (7) people with use of appropriate automated, Centers for Disease Control and HIV (PWH). electronic, mechanical, or other Prevention (CDC). The rounds of data collection include technological collection techniques or Background and Brief Description exploratory, message testing, concept other forms of information technology, testing, and materials testing. e.g., permitting electronic submission of To address the HIV epidemic in the Information collected by DHAP will be responses; and U.S., the Department of Health and used to assess consumers’ informational (e) Assess information collection Human Services launched Ending the needs about HIV testing, prevention, HIV Epidemic: A Plan for America, costs. and treatment and pre-test campaign which is a cross-agency initiative To request additional information on related messages, concepts, and aiming to reduce new HIV infections in the proposed project or to obtain a copy materials and evaluate the extent to the U.S. by 90% by 2030. CDC’s Let’s of the information collection plan and which the communication initiatives are Stop HIV Together campaign (formerly instruments, call (404) 639–7570. reaching the target audiences and known as Act Against AIDS) is part of Comments and recommendations for the providing them with trusted HIV-related the national Ending the HIV Epidemic proposed information collection should information. Data collections will initiative and includes resources aimed be sent within 30 days of publication of include in-depth interviews, focus at reducing HIV stigma and promoting this notice to www.reginfo.gov/public/ groups, brief surveys, and intercept testing, prevention, and treatment across do/PRAMain. Find this particular interviews. information collection by selecting the HIV care continuum. ‘‘Currently under 30-day Review—Open Within this context, CDC’s Division of The data gathered under this request for Public Comments’’ or by using the HIV/AIDS Prevention (DHAP) has and will be summarized in reports prepared search function. Direct written will continue implementing various for CDC by its contractor, such as comments and/or suggestions regarding communication initiatives to increase quarterly and annual reports and topline the items contained in this notice to the HIV awareness among the general reports that summarize results from Attention: CDC Desk Officer, Office of public, reduce new HIV infections each data collection. It is possible that Management and Budget, 725 17th among disproportionately impacted data from this project will be published Street NW, Washington, DC 20503 or by populations, and improve health in peer-reviewed manuscripts or fax to (202) 395–5806. Provide written outcomes for people living with HIV/ presented at conferences; the comments within 30 days of notice AIDS in the US and its territories. manuscripts and conference publication. Specifically, the campaigns target presentations may appear on the consumers aged 18 to 64 years old and internet. Proposed Project includes the following audiences: (1) The total estimated annualized Development of CDC’s Let’s Stop HIV General public; (2) Men who have sex burden hours are 1,856. Participation by Together Social Marketing Campaign for with men; (3) Blacks/African respondents is voluntary, and there is Consumers—Reinstatement—National Americans; (4) Hispanics/Latinos; (5) no cost to participants other than their Center for HIV/AIDS, Viral Hepatitis, Transgender individuals; (6) people time.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Health care pro- Study screener ...... 2,165 1 2/60 viders. Exploratory—HIV Testing In-depth Interview ...... 50 1 1 Exploratory—HIV Prevention In-depth Interview ...... 52 1 1 Exploratory—HIV Communication and Awareness In-depth Interview .. 50 1 1 Exploratory—HIV Prevention with Positives In-depth Interview ...... 50 1 1 Message Testing In-depth Interview ...... 50 1 1 Concept Testing In-depth Interview ...... 50 1 1 Materials Testing In-depth Interview ...... 50 1 1 Exploratory—HIV Testing Focus Group ...... 74 1 2 Exploratory—HIV Prevention Focus Group ...... 74 1 2 Exploratory—HIV Communication and Awareness Focus Group ...... 74 1 2 Exploratory—HIV Prevention with Positives Focus Group ...... 74 1 2 Concept Testing Focus Group ...... 68 1 2 Message Testing Focus Group ...... 68 1 2 Materials Testing Focus Group ...... 68 1 2 HIV Testing Survey ...... 213 1 15/60 HIV Prevention Survey ...... 213 1 15/60 HIV Communication and Awareness Survey ...... 213 1 15/60 HIV Prevention with Positives Survey ...... 213 1 15/60 Intercept Interview ...... 657 1 20/60

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Jeffrey M. Zirger, Please note: Submit all comments Health Promotion (NCCDPHP), Centers Lead, Information Collection Review Office, through the Federal eRulemaking portal for Disease Control and Prevention Office of Scientific Integrity, Office of Science, (regulations.gov) or by U.S. mail to the (CDC). Centers for Disease Control and Prevention. address listed above. Background and Brief Description [FR Doc. 2021–15792 Filed 7–23–21; 8:45 am] FOR FURTHER INFORMATION CONTACT: To BILLING CODE 4163–18–P request more information on the The mission of the CDC’s Division of proposed project or to obtain a copy of Cancer Prevention and Control (DCPC) the information collection plan and is to reduce the burden of cancer in the DEPARTMENT OF HEALTH AND instruments, contact Jeffrey M. Zirger, United States through cancer HUMAN SERVICES Information Collection Review Office, prevention, reduction of risk, early detection, and improved quality of life Centers for Disease Control and Centers for Disease Control and for cancer survivors. Toward this end, Prevention, 1600 Clifton Road NE, MS– Prevention the DCPC supports the scientific D74, Atlanta, Georgia 30329; phone: development and implementation of 404–639–7570; Email: [email protected]. [60Day–21–0800; Docket No. CDC–2021– various health communication 0072] SUPPLEMENTARY INFORMATION: Under the campaigns with an emphasis on specific Paperwork Reduction Act of 1995 (PRA) cancer burdens. Proposed Data Collection Submitted (44 U.S.C. 3501–3520), Federal agencies for Public Comment and This process requires testing of must obtain approval from the Office of messages, concepts, and materials prior Recommendations Management and Budget (OMB) for each to their final development and AGENCY: Centers for Disease Control and collection of information they conduct dissemination, as described in the Prevention (CDC), Department of Health or sponsor. In addition, the PRA also second step of the health and Human Services (HHS). requires Federal agencies to provide a communication process. The health 60-day notice in the Federal Register ACTION: Notice with comment period. communication process is a scientific concerning each proposed collection of model developed by the U.S. SUMMARY: The Centers for Disease information, including each new Department of Health and Human Control and Prevention (CDC), as part of proposed collection, each proposed Services’ National Cancer Institute to its continuing effort to reduce public extension of existing collection of guide sound campaign development. burden and maximize the utility of information, and each reinstatement of The communication literature supports government information, invites the previously approved information various data collection methods to general public and other Federal collection before submitting the conduct credible formative, concept, agencies the opportunity to comment on collection to the OMB for approval. To message, and materials testing. This a proposed and/or continuing comply with this requirement, we are process ensures that the public clearly information collection, as required by publishing this notice of a proposed understands cancer-specific information the Paperwork Reduction Act of 1995. data collection as described below. and concepts, are motivated to take the This notice invites comment on a The OMB is particularly interested in desired action, and do not react proposed information collection project comments that will help: negatively to the messages. CDC is titled Focus Group Testing to Effectively 1. Evaluate whether the proposed currently approved to collect Plan and Tailor Cancer Prevention and collection of information is necessary information needed to plan and tailor Control Communication Campaigns. for the proper performance of the cancer communication campaigns (OMB CDC is requesting a Revision to this functions of the agency, including Control No. 0920–0800, Exp. 10/31/ Generic Clearance to include an whether the information will have 2021), and seeks OMB approval to additional cancer-related practical utility; revise the existing generic clearance to communications campaign, expand the 2. Evaluate the accuracy of the include another cancer-related modes of data collection to include agency’s estimate of the burden of the communications campaign, expand the online focus groups and in-depth proposed collection of information, modes of data collection to include interviews (in-person, phone, and including the validity of the online focus groups and in-depth online), and to focus on respondents methodology and assumptions used; interviews (in-person, phone, and from the general public. 3. Enhance the quality, utility, and online), and to focus on respondents clarity of the information to be from the general public. DATES: CDC must receive written collected; Information collection will involve comments on or before September 24, 4. Minimize the burden of the discussions to assess numerous 2021. collection of information on those who qualitative dimensions of cancer ADDRESSES: You may submit comments, are to respond, including through the prevention and control messages identified by Docket No. CDC–2021– use of appropriate automated, including, but not limited to, cancer 0072 by any of the following methods: electronic, mechanical, or other knowledge, attitudes, beliefs, behavioral • Federal eRulemaking Portal: technological collection techniques or intentions, information needs and Regulations.gov. Follow the instructions other forms of information technology, sources, and compliance with cancer for submitting comments. e.g., permitting electronic submissions screening as recommended by the • Mail: Jeffrey M. Zirger, Information of responses; and United States Preventive Services Task Collection Review Office, Centers for 5. Assess information collection costs. Force. Insights gained from these Disease Control and Prevention, 1600 discussions will assist in the Clifton Road NE, MS–D74, Atlanta, Proposed Project development and/or refinement of Georgia 30329. Focus Group Testing to Effectively future campaign messages and Instructions: All submissions received Plan and Tailor Cancer Prevention and materials. Communication campaigns must include the agency name and Control Communications Campaigns— and messages will vary according to the Docket Number. CDC will post, without (OMB Control No. 0920–0800, Exp. 10/ type of cancer and the qualitative change, all relevant comments to 31/2021)—Revision—National Center dimensions of the message described Regulations.gov. for Chronic Disease Prevention and above. A separate information collection

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request will be submitted to OMB for OMB approval is requested for three requests approval for an estimated 1,680 approval of each discussion activity. years. There is no change in burden annual burden hours. The request will describe the purpose of hours or respondents. Participation is the activity and include the customized voluntary and there are no costs to information collection instruments. respondents except their time. CDC

ESTIMATED ANNUALIZED BURDEN HOURS

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

General Public ...... Screening Form ...... 1600 1 3/60 80 General Public ...... Discussion Guide ...... 800 1 2 1,600

Total ...... 1,680

Jeffrey M. Zirger, Prevention and the Agency for Toxic (b) Evaluate the accuracy of the Lead, Information Collection Review Office, Substances and Disease Registry. agencies estimate of the burden of the Office of Scientific Integrity, Office of Science, proposed collection of information, Kalwant Smagh, Centers for Disease Control and Prevention. including the validity of the Director, Strategic Business Initiatives Unit, [FR Doc. 2021–15795 Filed 7–23–21; 8:45 am] methodology and assumptions used; Office of the Chief Operating Officer, Centers BILLING CODE 4163–18–P for Disease Control and Prevention. (c) Enhance the quality, utility, and [FR Doc. 2021–15800 Filed 7–23–21; 8:45 am] clarity of the information to be BILLING CODE 4163–18–P collected; DEPARTMENT OF HEALTH AND (d) Minimize the burden of the HUMAN SERVICES collection of information on those who DEPARTMENT OF HEALTH AND are to respond, including, through the Centers for Disease Control and HUMAN SERVICES Prevention use of appropriate automated, electronic, mechanical, or other Centers for Disease Control and technological collection techniques or Mine Safety and Health Research Prevention Advisory Committee (MSHRAC); other forms of information technology, Cancellation of Meeting [30Day–21–0556] e.g., permitting electronic submission of responses; and Notice is hereby given of a change in Agency Forms Undergoing Paperwork (e) Assess information collection the meeting of the Mine Safety and Reduction Act Review costs. Health Research Advisory Committee In accordance with the Paperwork To request additional information on (MSHRAC); June 21, 2021, 10:00 a.m.– Reduction Act of 1995, the Centers for the proposed project or to obtain a copy 2:30 p.m., EDT, in the original FRN. Disease Control and Prevention (CDC) of the information collection plan and The meeting was published in the has submitted the information instruments, call (404) 639–7570. Federal Register on April 23, 2021, collection request titled ‘‘Assisted Comments and recommendations for the Volume 86, Number 77, page 21739. Reproductive Technology (ART) proposed information collection should Program Reporting System’’ to the be sent within 30 days of publication of This meeting is being canceled in its this notice to www.reginfo.gov/public/ entirety. Office of Management and Budget (OMB) for review and approval. CDC do/PRAMain. Find this particular FOR FURTHER INFORMATION CONTACT: previously published a ‘‘Proposed Data information collection by selecting George W. Luxbacher, Designated Collection Submitted for Public ‘‘Currently under 30-day Review—Open Federal Officer, MSHRAC, National Comment and Recommendations’’ for Public Comments’’ or by using the Institute for Occupational Safety and notice on March 12, 2021 to obtain search function. Direct written Health, Centers for Disease Control and comments from the public and affected comments and/or suggestions regarding Prevention, 2400 Century Parkway NE, agencies. CDC did not receive comments the items contained in this notice to the Atlanta, GA 30345; Telephone: (404) related to the previous notice. This Attention: CDC Desk Officer, Office of 498–2808; email: [email protected]. notice serves to allow an additional 30 Management and Budget, 725 17th days for public and affected agency Street NW, Washington, DC 20503 or by The Director, Strategic Business comments. fax to (202) 395–5806. Provide written Initiatives Unit, Office of the Chief CDC will accept all comments for this comments within 30 days of notice Operating Officer, Centers for Disease proposed information collection project. publication. Control and Prevention, has been The Office of Management and Budget Proposed Project delegated the authority to sign Federal is particularly interested in comments Register notices pertaining to that: Assisted Reproductive Technology announcements of meetings and other (a) Evaluate whether the proposed (ART) Program Reporting System (OMB committee management activities, for collection of information is necessary Control No. 0920–0556, Exp. 8/31/ both the Centers for Disease Control and for the proper performance of the 2021)—Revision—National Center for functions of the agency, including Chronic Disease Prevention and Health whether the information will have Promotion (NCCDPHP), Centers for practical utility; Disease Control and Prevention (CDC).

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Background and Brief Description Program Reporting System (OMB each on average. Finally, respondents Control No. 0920–0556, Exp. 8/31/ may provide feedback to CDC about the Section 2(a) of Public Law 102–493 2021). CDC seeks to continue OMB usability and utility of the reporting (known as the Fertility Clinic Success approval for a period of three years. The system. The option to participate in the Rate and Certification Act of 1992 revised total burden estimate is higher feedback survey is presented to (FCSRCA), 42 U.S.C. 263a–1(a)) requires than the previous approval, due to an respondents when they complete their that each assisted reproductive increase in the utilization of ART in the required data submission. Participation technology (ART) program shall United States. in the feedback survey is voluntary and annually report to the Secretary through The estimated number of respondents is not required by the FCSRCA. CDC the Centers for Disease Control and (ART programs or clinics) is 456, based estimates that 50% of ART programs Prevention: (1) Pregnancy success rates on the number of clinics that provided will participate in the feedback survey. achieved by such ART program, and (2) information in 2018; the estimated The collection of ART cycle the identity of each embryo laboratory average number of responses (ART information allows CDC to publish an used by such ART program, and cycles) per respondent is 670. annual report to Congress as specified whether the laboratory is certified or has Additionally, approximately 5–10% of by the FCSRCA and to provide applied for such certification under the responding clinics will be randomly information needed by consumers. OMB Act. The required information is selected each year to participate in data approval is requested for three years and currently reported by ART programs to validation and quality control activities; there are no costs to respondents other CDC as specified in the Assisted an estimated 35 clinics will be selected than their time. The total estimated Reproductive Technology (ART) to report validation data on 70 cycles annualized burden is 219,904 hours.

ESTIMATED ANNUALIZED BURDEN HOURS

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

ART Clinics ...... NASS Reporting Form ...... 456 670 43/60 Data Validation ...... 35 70 23/60 Feedback Survey ...... 255 1 2/60

Jeffrey M. Zirger, allow an additional 30 days for public proposed information collection should Lead, Information Collection Review Office, and affected agency comments. be sent within 30 days of publication of Office of Scientific Integrity, Office of Science, CDC will accept all comments for this this notice to www.reginfo.gov/public/ Centers for Disease Control and Prevention. proposed information collection project. do/PRAMain. Find this particular [FR Doc. 2021–15791 Filed 7–23–21; 8:45 am] The Office of Management and Budget information collection by selecting BILLING CODE 4163–18–P is particularly interested in comments ‘‘Currently under 30-day Review—Open that: for Public Comments’’ or by using the (a) Evaluate whether the proposed search function. Direct written DEPARTMENT OF HEALTH AND collection of information is necessary comments and/or suggestions regarding HUMAN SERVICES for the proper performance of the the items contained in this notice to the functions of the agency, including Attention: CDC Desk Officer, Office of Centers for Disease Control and whether the information will have Management and Budget, 725 17th Prevention practical utility; Street NW, Washington, DC 20503 or by [30Day–21–1238] (b) Evaluate the accuracy of the fax to (202) 395–5806. Provide written agencies estimate of the burden of the comments within 30 days of notice Agency Forms Undergoing Paperwork proposed collection of information, publication. Reduction Act Review including the validity of the methodology and assumptions used; Proposed Project In accordance with the Paperwork (c) Enhance the quality, utility, and Reduction Act of 1995, the Centers for clarity of the information to be The US Tuberculosis Follow-Up Disease Control and Prevention (CDC) collected; Worksheet for Newly-Arrived Persons has submitted the information (d) Minimize the burden of the with Overseas Tuberculosis collection request titled ‘‘US collection of information on those who Classifications (OMB Control No. 0920– Tuberculosis Follow-Up Worksheet for are to respond, including, through the 1238, Exp. 06/30/2021)—Reinstatement Newly-Arrived Persons with Overseas use of appropriate automated, with Change—National Center for Tuberculosis Classifications,’’ also electronic, mechanical, or other Emerging and Zoonotic Infectious commonly known as a ‘‘TB Follow-Up technological collection techniques or Diseases (NCEZID), Centers for Disease Worksheet’’ to the Office of other forms of information technology, Control and Prevention (CDC). Management and Budget (OMB) for e.g., permitting electronic submission of Background and Brief Description review and approval. CDC previously responses; and published a ‘‘Proposed Data Collection (e) Assess information collection The Division of Global Migration and Submitted for Public Comment and costs. Quarantine (DGMQ) collaborated with Recommendations’’ notice on 03/09/ To request additional information on the Division of TB Elimination (DTBE) 2021 to obtain comments from the the proposed project or to obtain a copy to revise the proposed worksheet to public and affected agencies. CDC of the information collection plan and capture follow-up medical examination received one comment related to the instruments, call (404) 639–7570. information after a person with previous notice. This notice serves to Comments and recommendations for the tuberculosis classification has arrived in

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the US. The overseas medical will provide domestic follow-up ongoing throughout the year. State and examination determines whether the outcome information to CDC by local health departments will applicant has an inadmissible condition completing The EDN Tuberculosis voluntarily report evaluation outcome of public health significance (a Class A Follow-Up Worksheet for Newly- findings on a continuous basis once condition) or has a health-related Arrived Persons with Overseas evaluation results for an individual condition that is admissible, but might Tuberculosis Classifications, also becomes available. require extensive medical treatment or commonly known as the TB Follow-Up Data collected by DGMQ will be used follow-up (a Class B condition), such as Worksheet. Without this data, DGMQ to help evaluate the efficacy and treated tuberculosis. Applicants with will not have a method of tracking and efficiency of overseas tuberculosis Class A (inadmissible) conditions can monitoring newly-arrived persons with diagnoses, treatments, and prevention only enter the United States if they are overseas class A or B tuberculosis. activities along with panel physician granted a waiver. Applicants who have DGMQ will use information reported on performance. Currently, DGMQ does not Class A conditions include those who; the TB Follow-Up Worksheet to ensure (1) Have a communicable disease of that tuberculosis programs are have an effective method of determining public health significance, (2) do not effectively tracking newly-arrived the accuracy of chest x-rays read have documentation of having received persons and coordinating follow-up overseas and the aptness of overseas vaccinations against vaccine- medical examinations with state and treatment for tuberculosis. This data preventable diseases, (3) have a physical local clinicians in the US. will provide DGMQ with a method of or mental disorder with associated Since the previous approval of the evaluating panel physician performance harmful behavior, or (4) abuse, or are ‘‘US Tuberculosis Follow-Up Worksheet and overseas treatment and prevention addicted to drugs (42 U.S.C. 252, 8 for Newly-Arrived Persons with activities. The proposed TB Follow-Up U.S.C. 1182, and 8 U.S.C. 1222 provide Overseas Tuberculosis Classifications’’ Worksheet contains sections that allow for the physical and mental examination data collection instrument in 2018, US physicians to review overseas chest of applicants in accordance with there have been changes made in the x-rays and treatment and indicate any regulations prescribed by the HHS data collection instrument to clarify concerns or errors. A negative Secretary). CDC highly recommends that wording, add additional options for consequence of not collecting this persons with overseas class A or B respondents to select, and enhance data information is that DGMQ will not be tuberculosis receive domestic follow-up collection quality. There are also able to efficiently analyze data to medical examination information to clarifications made in the ‘‘Purpose and determine which panel physicians have prevent new transmission of Use of Information Collection’’ in the most inaccuracies. Plans for formal tuberculosis. This is the primary Supporting Statement A to further evaluations of US panel physicians are rationale for collecting domestic clarify information what the data contingent upon the approval of the TB tuberculosis follow-up information. collection instrument collects. In the Follow-Up Worksheet. The US foreign-born population ‘‘Respondent Universe and Sampling If technical instructions for continuously had the highest incidence Methods’’ section of Supporting tuberculosis diagnosis and treatment are of tuberculosis compared to the US non- Statement B, there are clarifications followed properly overseas, persons foreign-born population. According to made to explain how respondents gain with overseas classification B CDC, the 2019 TB case rate was 14.2 per access to and use the Electronic Disease tuberculosis should not have 100,000 for foreign-born persons Notification (EDN) system and the data tuberculosis disease during their US compared to 0.9 per 100,000 for US- collection instrument. There is an follow-up examinations. The form will born persons. The proportion of TB increase from 550 respondents to 1548 help DGMQ understand what factors cases occurring in the foreign-born respondents due to the increase in the may contribute to a domestic diagnosis population was found to be number of individuals throughout the of tuberculosis. The TB Follow-up approximately 70.9% of the national United States requesting access to the Worksheet contains a section that case total. CDC strongly recommends EDN system to access medical records collects patient diagnoses and treatment US-bound immigrants and refugees with for U.S. arrivals, and complete the EDN recommendations. Without this class A or B tuberculosis to receive Tuberculosis Follow-Up Worksheet for information, DGMQ staff will not be follow-up examinations for tuberculosis Newly-Arrived Persons with Overseas in the US. Tuberculosis Classifications for U.S. able to accurately identify and resolve The purpose of this data collection is arrivals with TB classifications. There is factors that contribute to tuberculosis to methodically gather tuberculosis no change to the burden per respondent disease. This form of monitoring is follow-up outcome data to monitor and to complete a follow-up form. ongoing and will occur with every track US-bound persons with overseas Several indicators will be calculated instance an alien is diagnosed with class A and B tuberculosis to assist in to measure domestic tuberculosis tuberculosis disease during follow-up the national effort to prevent new program performance, including the examinations. transmission of tuberculosis. To percentage of aliens with class B There are no costs to the respondents accurately determine recent US arrivals tuberculosis with complete US medical other than their time. The total receiving domestic follow-up medical examinations. This program estimated annual burden are 2,322 examinations, US health departments performance monitoring activity will be hours.

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ESTIMATED ANNUALIZED BURDEN HOURS

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

EDN data entry staff at state and local health US Tuberculosis Follow-up Worksheet for 1,548 3 30/60 departments. Newly-Arrived Persons with Overseas Tu- berculosis Classifications.

Jeffrey M. Zirger, Tenth Revision, Clinical Modification classification. CMS will initially only Lead, Information Collection Review Office, and ICD–10 Procedure Coding System. display those meeting materials Office of Scientific Integrity, Office of Science, Matters To Be Considered: The associated with the NTAP related ICD– Centers for Disease Control and Prevention. tentative agenda will include 10–PCS procedure code requests that [FR Doc. 2021–15793 Filed 7–23–21; 8:45 am] discussions on ICD–10–CM and ICD– involve the administration of a BILLING CODE 4163–18–P 10–PCS topics listed below. Agenda therapeutic agent on the CMS website in items are subject to change as priorities early August 2021 at: https:// dictate. www.cms.gov/Medicare/Coding/ICD10/ DEPARTMENT OF HEALTH AND Please refer to the posted agenda for C-and-M-Meeting-Materials. HUMAN SERVICES updates one month prior to the meeting. The three NTAP related ICD–10–PCS procedure code requests that involve the ICD–10–PCS Topics Centers for Disease Control and administration of a therapeutic agent Prevention 1. Administration of fostamatinib(1), (2) are: 2. Administration of betibeglogene National Center for Health Statistics 1. Administration of fostamatinib autotemcel (beti-cel)(1) (NCHS), ICD–10 Coordination and 2. Administration of betibeglogene 3. Administration of RBX2660(1) autotemcel (beti-cel) Maintenance (C&M) Committee 4. Pressure-controlled Intermittent Meeting 3. Administration of RBX2660 Coronary Sinus Occlusion These topics will not be presented AGENCY: Centers for Disease Control and 5. Measurement of Exhaled Nitric Oxide during the September 14–15, 2021 Prevention (CDC), Department of Health (FeNo) meeting. CMS will solicit public and Human Services (HHS). 6. Histotripsy of Liver comments regarding any clinical 7. Replacement of Meniscus with ACTION: Notice of meeting. questions or coding options included for Synthetic Substitute (1) these three procedure code topics in SUMMARY: The CDC, National Center for 8. Section X Updates advance of the meeting continuing Health Statistics (NCHS), Classifications 9. Addenda and Key Updates through the end of the public comment and Public Health Data Standards Staff, (1) Applicant intends to submit a New period. The deadline to submit announces the following meeting of the Technology Add-on Payment (NTAP) comments for topics being considered ICD–10 Coordination and Maintenance application for FY 2023. for April 1, 2022 implementation is (C&M) Committee meeting. This (2) Request is for an April 1, 2022 October 15, 2021 and the deadline to meeting is open to the public, limited implementation date. submit comments for topics being only by audio. Online Registration is not Presentations for procedure code considered for an October 1, 2022 required. requests are conducted by both the implementation is November 15, 2021. DATES: The meeting will be held on requestor and CMS during the Members of the public should send any September 14, 2021, from 9:00 a.m. to Coordination & Maintenance Committee questions or comments to the CMS 5:00 p.m., EDT, and September 15, meeting. Discussion from the requestor mailbox at: ICDProcedureCodeRequest@ 2021, from 9:00 a.m. to 5:00 p.m., EDT. generally focuses on the clinical issues cms.hhs.gov by the designated deadline for the procedure or technology, dates mentioned above. ADDRESSES: This is a virtual meeting. followed by the proposed coding CMS intends to post a question and Information will be provided on each of options from a CMS analyst. Topics answer document in advance of the our respective web pages when it presented may also include requests for meeting to address any clinical or becomes available. For CDC/NCHS new procedure codes that relate to a coding questions that members of the https://www.cdc.gov/nchs/icd/icd10cm_ new technology add-on payment public may have submitted. Following maintenance.htm. For CMS https:// (NTAP) policy request. the conclusion of the meeting, CMS will www.cms.gov/Medicare/Coding/ CMS is continuing to modify the post an updated question and answer ICD9ProviderDiagnosticCodes/meetings. approach for presenting the new document to address any additional FOR FURTHER INFORMATION CONTACT: technology add-on payment (NTAP) clinical or coding questions that Traci Ramirez, Medical Systems related ICD–10–PCS procedure code members of the public may have Specialist, CDC, 3311 Toledo Road, requests that involve the administration submitted during the meeting that CMS Hyattsville, Maryland 20782; of a therapeutic agent. Consistent with was not able to address or that were Telephone: (301) 458–4454; Email: the requirements of section submitted after the meeting. [email protected]. 1886(d)(5)(K)(iii) of the Social Security The NTAP related ICD–10–PCS SUPPLEMENTARY INFORMATION: Act, applicants submitted requests to procedure code requests that do not Purpose: The ICD–10 Coordination create a unique procedure code to involve the administration of a and Maintenance (C&M) Committee is a describe the administration of a therapeutic agent and all non-NTAP public forum for the presentation of therapeutic agent, such as the option to related procedure code requests will proposed modifications to the create a new code in Section X within continue to be presented during the International Classification of Diseases, the ICD–10–PCS procedure code virtual meeting on September 14, 2021

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consistent with the standard meeting SUMMARY: The Centers for Disease collection before submitting the process. Control and Prevention (CDC), as part of collection to the OMB for approval. To CMS will make all meeting materials its continuing effort to reduce public comply with this requirement, we are and related documents available at: burden and maximize the utility of publishing this notice of a proposed https://www.cms.gov/Medicare/Coding/ government information, invites the data collection as described below. ICD10/C-and-M-Meeting-Materials. Any general public and other Federal The OMB is particularly interested in inquiries related to the procedure code agencies the opportunity to comment on comments that will help: topics scheduled for the September 14, a proposed and/or continuing 1. Evaluate whether the proposed 2021 ICD–10 Coordination and information collection, as required by collection of information is necessary Maintenance Committee meeting that the Paperwork Reduction Act of 1995. for the proper performance of the are under consideration for April 1, This notice invites comment on a functions of the agency, including 2022 or October 1, 2022 implementation proposed information collection project whether the information will have should be sent to the CMS mailbox at: titled National Breast and Cervical practical utility; ICDProcedureCodeRequest@ Cancer Early Detection Program 2. Evaluate the accuracy of the cms.hhs.gov. (NBCCEDP) Monitoring Activities. agency’s estimate of the burden of the Proposed study is designed to collect proposed collection of information, ICD–10–CM Topics information about implementation, including the validity of the 1. Apnea of Newborn and Related Issues including delivery of screening and methodology and assumptions used; 2. Atrial Septal Defect follow-up clinical services, and 3. Enhance the quality, utility, and 3. Craniosynostosis outcomes of the NBCCEDP. clarity of the information to be 4. Dementia DATES: CDC must receive written collected; 5. Encounter for follow-up examination comments on or before September 24, 4. Minimize the burden of the after completed treatment for 2021. collection of information on those who malignant neoplasm are to respond, including through the 6. Endometriosis ADDRESSES: You may submit comments, use of appropriate automated, 7. Intracranial Injury with Unknown identified by Docket No. CDC–2021– electronic, mechanical, or other 0074 by any of the following methods: LOC • technological collection techniques or 8. Long-term (current) drug therapy Federal eRulemaking Portal: other forms of information technology, 9. Primary Blast Injury Regulations.gov. Follow the instructions e.g., permitting electronic submissions 10. Problems Related to Upbringing for submitting comments. of responses; and • Mail: Jeffrey M. Zirger, Information 11. Short Stature Due to Endocrine 5. Assess information collection costs. Disorder Collection Review Office, Centers for 12. Addenda Disease Control and Prevention, 1600 Proposed Project The Director, Strategic Business Clifton Road NE, MS–D74, Atlanta, National Breast and Cervical Cancer Initiatives Unit, Office of the Chief Georgia 30329. Early Detection Program (NBCCEDP) Instructions: All submissions received Operating Officer, Centers for Disease Monitoring Activities—(OMB Control must include the agency name and Control and Prevention, has been No. 0920–1046, Exp. 11/30/2021)— Docket Number. CDC will post, without delegated the authority to sign Federal Revision—National Center for Chronic change, all relevant comments to Register notices pertaining to Disease Prevention and Health Regulations.gov. Promotion (NCCDPHP), Centers for announcements of meetings and other Please note: Submit all comments Disease Control and Prevention (CDC). committee management activities, for through the Federal eRulemaking portal both the Centers for Disease Control and (regulations.gov) or by U.S. mail to the Background and Brief Description Prevention and the Agency for Toxic address listed above. Substances and Disease Registry. CDC is requesting a Revision of the FOR FURTHER INFORMATION CONTACT: To information collection with the OMB Kalwant Smagh, request more information on the Control Number 0920–1046, titled Director, Strategic Business Initiatives Unit, proposed project or to obtain a copy of ‘‘National Breast and Cervical Cancer Office of the Chief Operating Officer, Centers the information collection plan and Early Detection Program (NBCCEDP) for Disease Control and Prevention. instruments, contact Jeffrey M. Zirger, Monitoring Activities.’’ In the previous [FR Doc. 2021–15801 Filed 7–23–21; 8:45 am] Information Collection Review Office, OMB approval period, information BILLING CODE 4163–18–P Centers for Disease Control and collection consisted of an annual Prevention, 1600 Clifton Road NE, MS– NBCCEDP survey and clinic-level data D74, Atlanta, Georgia 30329; phone: collection. In the next OMB approval DEPARTMENT OF HEALTH AND 404–639–7570; Email: [email protected]. period, information collection will HUMAN SERVICES SUPPLEMENTARY INFORMATION: Under the consist of a revised NBCCEDP survey, Paperwork Reduction Act of 1995 (PRA) revised clinic-level data collection, new Centers for Disease Control and (44 U.S.C. 3501–3520), Federal agencies quarterly program update, new service Prevention must obtain approval from the Office of delivery projection worksheet, and the [60Day–21–1046; Docket No. CDC–2021– Management and Budget (OMB) for each addition of previously approved 0074] collection of information they conduct minimum data elements (MDEs; OMB or sponsor. In addition, the PRA also Control No. 0920–0571, Exp. 11/30/ Proposed Data Collection Submitted requires Federal agencies to provide a 2021) to increase efficiency. The for Public Comment and 60-day notice in the Federal Register number of respondents will remain the Recommendations concerning each proposed collection of same and the total estimated annualized AGENCY: Centers for Disease Control and information, including each new burden will increase from 683 to 1,216. Prevention (CDC), Department of Health proposed collection, each proposed Breast and cervical cancers are and Human Services (HHS). extension of existing collection of prevalent among U.S. women. In 2017, information, and each reinstatement of the U.S. experienced 250,520 new cases ACTION: Notice with comment period. previously approved information and 42,000 deaths as a result of breast

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cancer, as well as 12,831 new cases and In 2022, CDC will issue a new Notice response options to improve data 4,207 deaths as a result of cervical of Funding Opportunity (DP22–2202) to quality. Third, quarterly program cancer. Evidence shows that deaths continue this mission. Consistent with updates will be submitted to CDC four from both breast and cervical cancers programmatic changes, the information times per year to monitor award can be avoided by increasing screening collection plan has also been redesigned spending, service delivery, staff services—mammography and PAP to update existing, and add new data vacancies, program challenges and tests—among women. However, collection instruments, and to integrate successes, and TA needs. This is a new screening is typically underutilized the previously approved MDEs into this information collection. Fourth, the among women who are under- or single approval package to increase service delivery projection worksheet uninsured, have no regular source of efficiency of information collection for will be submitted to CDC annually to healthcare, or who recently immigrated the NBCCEDP. This revised information provide an estimate of the number of to the U.S. As a longstanding priority collection will allow CDC to provide women served for breast and cervical within chronic disease prevention, CDC routine monitoring feedback to cancer. Fifth, the minimum data focuses on increasing access to these awardees based on their data elements (MDEs) will be submitted to cancer screenings, particularly among submissions, tailor technical assistance CDC twice per year to monitor patient women who may be at increased risk. (TA) as needed, support program demographics; breast and cervical To improve access to cancer planning, and assess program outcomes. cancer screening, diagnosis, and screening, Congress passed the Breast CDC proposes five forms of treatment; timeliness of services; and and Cervical Cancer Mortality information collection. First, the patient navigation. This information Prevention Act of 1990 (Pub. L. 106– NBCCEDP survey will be submitted to collection was previously approved 354), which directed CDC to create the CDC annually and collects information (OMB No. 0920–0571, exp. 03/30/2022) National Breast and Cervical Cancer to monitor awardees’ TA needs, external and incorporated into this approval Early Detection Program (NBCCEDP). funding sources, partnerships, EBI package for increased efficiency for The NBCCEDP currently provides implementation, and COVID–19 impact. NBCCEDP information collection funding to 70 awardees under ‘‘Cancer Minor revisions to survey questions and efforts. Prevention and Control Programs for formatting reflect the program under The proposed information collections State, Territorial, and Tribal DP22–2202. Second, clinic-level data will allow CDC to gauge progress in Organizations (DP17–1701).’’ NBCCEDP will be submitted to CDC at baseline meeting NBCCEDP program goals and awardees include states or their bona and annually for all partnering health monitor implementation activities, fide agents; U.S. territories; and tribes or system clinic sites—an estimated six evaluate outcomes, and identify tribal organizations. The purpose of clinics per awardee for breast cancer awardee TA needs. In addition, findings NBCCEDP is to increase breast and data and six clinics per awardee for will inform program improvement and cervical cancer screening rates among cervical cancer data. Clinic-level data help identify successful activities that women residing within defined allow CDC to assess health system, need to be maintained, replicated, or geographical locations (as determined clinic, and patient population expanded. by the funded program) who are at or characteristics; monitoring and quality OMB approval is requested for three below 250% of the federal poverty level; improvement activities; EBI years. CDC requests approval for an aged 40–64 years for breast cancer implementation; and baseline or annual estimated 1,216 annual burden hours. services, and aged 21–64 years for screening rates. Minor revisions were Participation is required for NBCCEDP cervical cancer services; and under- or made to variable wording, formatting awardees. There are no costs to uninsured. (e.g., split or combined variables), and respondents other than their time.

ESTIMATED ANNUALIZED BURDEN HOURS

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

NBCCEDP Awardees ...... Annual NBCCEDP Survey ...... 70 1 45/60 53 NBCCEDP Clinic-level Information Collec- 70 6 45/60 315 tion Instrument—Breast. NBCCEDP Clinic-level Information Collec- 70 6 45/60 315 tion Instrument—Cervical. Quarterly Program Update ...... 70 4 32/60 149 Service Delivery Projection Worksheet ...... 70 1 29/60 34 MDEs ...... 70 2 150/60 350

Total ...... 1,216

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Jeffrey M. Zirger, proposed project or to obtain a copy of CDC’s Division of Scientific Education Lead, Information Collection Review Office, the information collection plan and and Professional Development (DSEPD) Office of Scientific Integrity, Office of Science, instruments, contact Jeffrey M. Zirger, is to support the development of a Centers for Disease Control and Prevention. Information Collection Review Office, competent, sustainable, and empowered [FR Doc. 2021–15796 Filed 7–23–21; 8:45 am] Centers for Disease Control and public health workforce. Professionals BILLING CODE 4163–18–P Prevention, 1600 Clifton Road NE, MS– in public health, epidemiology, D74, Atlanta, Georgia 30329; phone: medicine, economics, information 404–639–7570; Email: [email protected]. science, veterinary medicine, nursing, DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION: Under the public policy, and other related HUMAN SERVICES Paperwork Reduction Act of 1995 (PRA) professions seek professional (44 U.S.C. 3501–3520), Federal agencies development opportunities (both Centers for Disease Control and must obtain approval from the Office of accredited and nonaccredited) through Prevention Management and Budget (OMB) for each two CDC learning management systems. [60Day–21–0017; Docket No. CDC–2021– collection of information they conduct These two learning management 0073] or sponsor. In addition, the PRA also systems are Training and Continuing requires Federal agencies to provide a Education Online (TCEO) (for Proposed Data Collection Submitted 60-day notice in the Federal Register accredited courses) and CDC TRAIN (for for Public Comment and concerning each proposed collection of nonaccredited courses developed by Recommendations information, including each new CDC programs, grantees, and other funded partners). Access to quality and AGENCY: Centers for Disease Control and proposed collection, each proposed extension of existing collection of accredited learning programs and Prevention (CDC), Department of Health products through these two systems and Human Services (HHS). information, and each reinstatement of previously approved information allow for the public health workforce to ACTION: Notice with comment period. collection before submitting the broaden their knowledge and skills to improve the science and practice of SUMMARY: The Centers for Disease collection to the OMB for approval. To public health for domestic and Control and Prevention (CDC), as part of comply with this requirement, we are international impact. its continuing effort to reduce public publishing this notice of a proposed data collection as described below. The overarching purpose of the ICR is burden and maximize the utility of to continually improve CDC training government information, invites the The OMB is particularly interested in comments that will help: activities, and maintain CDC general public and other Federal compliance with mandatory agencies the opportunity to comment on 1. Evaluate whether the proposed collection of information is necessary accreditation organization standards by a proposed and/or continuing efficiently collecting information information collection, as required by for the proper performance of the functions of the agency, including through CDC’s Training and Continuing the Paperwork Reduction Act of 1995. Education Online (TCEO) and CDC This notice invites comment on a whether the information will have practical utility; TRAIN systems, while navigating a proposed information collection project future merger that moves to using a titled Application for Training, which 2. Evaluate the accuracy of the agency’s estimate of the burden of the single system (CDC TRAIN). supports the management and This Revision requests to extend evaluation of online training and proposed collection of information, including the validity of the current approval of the TCEO forms, professional development opportunities with one minor change, namely to add for public health and health care methodology and assumptions used; 3. Enhance the quality, utility, and two new response options for one professionals. clarity of the information to be question on the TCEO New Participant DATES: CDC must receive written collected; Registration. This Revision also requests comments on or before September 24, 4. Minimize the burden of the to add CDC TRAIN as a data collection 2021. collection of information on those who system and add two CDC TRAIN standard training evaluation tools (one ADDRESSES: You may submit comments, are to respond, including through the use of appropriate automated, for use immediately after the course is identified by Docket No. CDC–2021– taken, and one 3–6 months after the 0073 by any of the following methods: electronic, mechanical, or other • technological collection techniques or course is taken) that will be employed Federal eRulemaking Portal: on the learning management system. Regulations.gov. Follow the instructions other forms of information technology, e.g., permitting electronic submissions This proposed change will provide CDC for submitting comments. with an efficient, effective, and secure • Mail: Jeffrey M. Zirger, Information of responses; and 5. Assess information collection costs. electronic mechanism for collecting, Collection Review Office, Centers for processing, and monitoring training- Disease Control and Prevention, 1600 Proposed Project related information. Clifton Road NE, MS–D74, Atlanta, Application for Training (OMB CDC will use information collected in Georgia 30329. Control No. 0920–0017, Exp. 04/30/ both systems to evaluate and improve Instructions: All submissions received 2022)—Revision—Center for courses based on learner feedback. At must include the agency name and Surveillance, Epidemiology, and this time, TCEO is also used to generate Docket Number. CDC will post, without Laboratory Services (CSELS), Centers for certificates of attendance and verify change, all relevant comments to Disease Control and Prevention (CDC). training completion, review and Regulations.gov. approve proposals for educational Please note: Submit all comments Background and Brief Description activities to receive continuing through the Federal eRulemaking portal This Information Collection Request education accreditation, and ensure (regulations.gov) or by U.S. mail to the (ICR) is for the Revision of a currently compliance with mandatory address listed above. approved ICR (OMB Control No. 0920– accreditation standards. FOR FURTHER INFORMATION CONTACT: To 0017, Expiration 4/30/2022. Approval is All data will be collected online, request more information on the requested for three years. The mission of using secure electronic web-based

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password protected platforms. collected. CDC will use identifiable TCEO and CDC TRAIN will be used to Respondents will include educational information in TCEO to track improve educational activities and developers requesting accreditation for participant completion of educational assess learning outcomes. their trainings and public health and activities to facilitate required reporting CDC requests approval for an healthcare professionals who seek to earn continuing education credits, estimated 412,600 annual burden hours. training. No statistical methods will be hours, or units. Aggregate and non- There are no costs to respondents other used to analyze the information aggregate data from the evaluations in than their time.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Educational Developers (Health Edu- TCEO Proposal ...... 120 1 5 600 cators). Public Health and Health Care Pro- TCEO New Participant Registration 300,000 1 5/60 25,000 fessionals (Learners). Public Health and Health Care Pro- TCEO Post-Course Evaluation ...... 300,000 3 10/60 150,000 fessionals (Learners). Public Health and Health Care Pro- TCEO Follow-Up Evaluation ...... 30,000 3 3/60 4,500 fessionals (Learners).

TCEO Sub-Total ...... 180,100 Public Health and Health Care Pro- CDC TRAIN Immediate Post-Course 300,000 3 15/60 225,000 fessionals (Learners). Evaluation Tool. Public Health and Health Care Pro- CDC TRAIN Delayed Follow-Up 30,000 3 5/60 7,500 fessionals (Learners). Evaluation Tool.

0.33TRAIN Sub-Total ...... 232,500

Total ...... 412,600

Jeffrey M. Zirger, DATES: The meeting will be held on FOR FURTHER INFORMATION CONTACT: Lead, Information Collection Review Office, September 29, 2021, from 10:00 a.m. to Stephanie Thomas, ACIP Committee Office of Scientific Integrity, Office of Science, 5:05 p.m., EDT, and September 30, Management Specialist, Centers for Centers for Disease Control and Prevention. 2021, from 10:00 a.m. to 1:10 p.m., EDT Disease Control and Prevention, [FR Doc. 2021–15794 Filed 7–23–21; 8:45 am] (times subject to change), see the ACIP National Center for Immunization and BILLING CODE 4163–18–P website for updates: http:// Respiratory Diseases, 1600 Clifton Road www.cdc.gov/vaccines/acip/index.html. NE, MS–H24–8, Atlanta, Georgia 30329– The public may submit written 4027; Telephone: (404) 639–8367; DEPARTMENT OF HEALTH AND comments from July 26, 2021 through Email: [email protected]. HUMAN SERVICES September 30, 2021. SUPPLEMENTARY INFORMATION: Centers for Disease Control and ADDRESSES: You may submit comments, Purpose: The committee is charged Prevention identified by Docket No. CDC–2021– with advising the Director, CDC, on the 0075 by any of the following methods: use of immunizing agents. In addition, [Docket No. CDC–2021–0075] under 42 U.S.C. 1396s, the committee is • Federal eRulemaking Portal: mandated to establish and periodically https://www.regulations.gov. Follow the Advisory Committee on Immunization review and, as appropriate, revise the instructions for submitting comments. Practices (ACIP) list of vaccines for administration to • Mail: Centers for Disease Control AGENCY: Centers for Disease Control and vaccine-eligible children through the and Prevention, 1600 Clifton Road NE, Prevention (CDC), Department of Health Vaccines for Children (VFC) program, MS H24–8, Atlanta, Georgia 30329– and Human Services (HHS). along with schedules regarding dosing 4027, Attn: ACIP Meeting. ACTION: Notice of meeting and request interval, dosage, and contraindications for comment. Instructions: All submissions received to administration of vaccines. Further, must include the Agency name and under provisions of the Affordable Care SUMMARY: In accordance with the Docket Number. All relevant comments Act, section 2713 of the Public Health Federal Advisory Committee Act, the received in conformance with the Service Act, immunization Centers for Disease Control and https://www.regulations.gov suitability recommendations of the ACIP that have Prevention (CDC), announces the policy will be posted without change to been approved by the Director of the following meeting of the Advisory https://www.regulations.gov, including Centers for Disease Control and Committee on Immunization Practices any personal information provided. For Prevention and appear on CDC (ACIP). This meeting is open to the access to the docket to read background immunization schedules must be public. Time will be available for public documents or comments received, go to covered by applicable health plans. comment. The meeting will be webcast https://www.regulations.gov. Written Matters To Be Considered: The agenda live via the World Wide Web. For more public comments submitted 72 hours will include discussions on cholera information on ACIP please visit the prior to the ACIP meeting will be vaccine, hepatitis vaccines, herpes ACIP website: http://www.cdc.gov/ provided to ACIP members before the zoster vaccines, orthopoxvirus vaccine, vaccines/acip/index.html. meeting. pneumococcal vaccine, and tickborne

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encephalitis vaccine. No time, CDC will conduct a lottery to ADDRESSES: Please note that due to the recommendation votes are scheduled. determine the speakers for the impact of the COVID–19 pandemic, all Agenda items are subject to change as scheduled public comment session. meeting participants will be joining this priorities dictate. For more information CDC staff will notify individuals advisory committee meeting via an on the meeting agenda visit https:// regarding their request to speak by email online teleconferencing platform. www.cdc.gov/vaccines/acip/meetings/ September 28, 2021. To accommodate Answers to commonly asked questions meetings-info.html. the significant interest in participation about FDA advisory committee meetings Meeting Information: The meeting in the oral public comment session of may be accessed at: https:// will be webcast live via the World Wide ACIP meetings, each speaker will be www.fda.gov/advisory-committees/ Web; for more information on ACIP limited to 3 minutes, and each speaker about-advisory-committees/common- please visit the ACIP website: http:// may only speak once per meeting. questions-and-answers-about-fda- www.cdc.gov/vaccines/acip/index.html. The Director, Strategic Business advisory-committee-meetings. The Initiatives Unit, Office of the Chief Public Participation online web conference meeting will be Operating Officer, Centers for Disease available at the following links on the Interested persons or organizations Control and Prevention, has been day of the meeting: Day 1 https:// are invited to participate by submitting delegated the authority to sign Federal youtu.be/58KjL9_p9Tw and Day 2 written views, recommendations, and Register notices pertaining to https://youtu.be/yLggQF0XUUY. data. Please note that comments announcements of meetings and other FDA is establishing a docket for received, including attachments and committee management activities, for public comment on this meeting. The other supporting materials, are part of both the Centers for Disease Control and docket number is FDA–2021–N–0651. the public record and are subject to Prevention and the Agency for Toxic The docket will close on September 1, public disclosure. Comments will be Substances and Disease Registry. 2021. Submit either electronic or posted on https://www.regulations.gov. written comments on this public Kalwant Smagh, Therefore, do not include any meeting on or before September 1, 2021. information in your comment or Director, Strategic Business Initiatives Unit, Please note that late, untimely filed supporting materials that you consider Office of the Chief Operating Officer, Centers for Disease Control and Prevention. comments will not be considered. The confidential or inappropriate for public https://www.regulations.gov electronic [FR Doc. 2021–15799 Filed 7–23–21; 8:45 am] disclosure. If you include your name, filing system will accept comments contact information, or other BILLING CODE 4163–18–P until 11:59 p.m. Eastern Time at the end information that identifies you in the of September 1, 2021. Comments body of your comments, that DEPARTMENT OF HEALTH AND received by mail/hand delivery/courier information will be on public display. HUMAN SERVICES (for written/paper submissions) will be CDC will review all submissions and considered timely if they are may choose to redact, or withhold, Food and Drug Administration postmarked or the delivery service submissions containing private or acceptance receipt is on or before that proprietary information such as Social [Docket No. FDA–2021–N–0651] date. Security numbers, medical information, Cellular, Tissue and Gene Therapies Comments received on or before inappropriate language, or duplicate/ Advisory Committee; Notice of August 26, 2021, will be provided to the near duplicate examples of a mass-mail Meeting; Establishment of a Public committee. Comments received after campaign. CDC will carefully consider Docket; Request for Comments that date will be taken into all comments submitted into the docket. consideration by FDA. In the event that Written Public Comment: The docket AGENCY: Food and Drug Administration, the meeting is cancelled, FDA will will be opened to receive written HHS. continue to evaluate any relevant comments on September 1, 2021. ACTION: Notice; establishment of public applications or information, and Written comments must be received on docket; request for comments. consider any comments submitted to the or before September 30, 2021. docket, as appropriate. Oral Public Comment: This meeting SUMMARY: The Food and Drug You may submit comments as will include time for members of the Administration (FDA or Agency) follows: public to make an oral comment. Oral announces a forthcoming public public comment will occur before any advisory committee meeting of the Electronic Submissions scheduled votes including all votes Cellular, Tissue and Gene Therapies Submit electronic comments in the relevant to the ACIP’s Affordable Care Advisory Committee (CTGTAC). The following way: Act and Vaccines for Children Program general function of the committee is to • Federal eRulemaking Portal: roles. Priority will be given to provide advice and recommendations to https://www.regulations.gov. Follow the individuals who submit a request to FDA on regulatory issues. Matters instructions for submitting comments. make an oral public comment before the considered at the meeting will include Comments submitted electronically, meeting according to the procedures discussion of the toxicity risks of adeno- including attachments, to https:// below. associated virus (AAV) vector-based www.regulations.gov will be posted to Procedure for Oral Public Comment: gene therapy products. The discussion the docket unchanged. Because your All persons interested in making an oral topics include oncogenicity risks due to comment will be made public, you are public comment at the September 29– vector genome integration and safety solely responsible for ensuring that your 30, 2021, ACIP meeting must submit a issues identified during preclinical and/ comment does not include any request at http://www.cdc.gov/vaccines/ or clinical evaluation. The meeting will confidential information that you or a acip/meetings/ no later than 11:59 p.m., be open to the public on both days. FDA third party may not wish to be posted, EDT, September 24, 2021, according to is establishing a docket for public such as medical information, your or the instructions provided. comment on this document. anyone else’s Social Security number, or If the number of persons requesting to DATES: The meeting will be held on confidential business information, such speak is greater than can be reasonably September 2 and 3, 2021, from 10 a.m. as a manufacturing process. Please note accommodated during the scheduled to 6 p.m. Eastern Time. that if you include your name, contact

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information, or other information that as ‘‘confidential’’ will not be disclosed afternoon under session 4, the identifies you in the body of your except in accordance with 21 CFR 10.20 committee will discuss and make comments, that information will be and other applicable disclosure law. For recommendations on non-clinical posted on https://www.regulations.gov. more information about FDA’s posting findings of neurotoxicity, especially • If you want to submit a comment of comments to public dockets, see 80 related to the dorsal root ganglion with confidential information that you FR 56469, September 18, 2015, or access toxicity issues. Also, in the afternoon do not wish to be made available to the the information at: https:// under session 5, the committee will public, submit the comment as a www.govinfo.gov/content/pkg/FR-2015- discuss and make recommendations on written/paper submission and in the 09-18/pdf/2015-23389.pdf. clinical findings of neurotoxicity, based manner detailed (see ‘‘Written/Paper Docket: For access to the docket to on brain magnetic resonance imaging Submissions’’ and ‘‘Instructions’’). read background documents or the studies. Written/Paper Submissions electronic and written/paper comments FDA intends to make background received, go to https:// material available to the public no later Submit written/paper submissions as www.regulations.gov and insert the than 2 business days before the meeting. follows: docket number, found in brackets in the If FDA is unable to post the background • Mail/Hand Delivery/Courier (for heading of this document, into the material on its website prior to the written/paper submissions): Dockets ‘‘Search’’ box and follow the prompts meeting, the background material will Management Staff (HFA–305), Food and and/or go to the Dockets Management Drug Administration, 5630 Fishers be made publicly available on FDA’s Staff, 5630 Fishers Lane, Rm. 1061, website at the time of the advisory Lane, Rm. 1061, Rockville, MD 20852. Rockville, MD 20852, 240–402–7500. • For written/paper comments committee meeting. Background submitted to the Dockets Management FOR FURTHER INFORMATION CONTACT: material and the link to the online Staff, FDA will post your comment, as Jarrod Collier or Joanne Lipkind, Center teleconference meeting room will be well as any attachments, except for for Biologics Evaluation and Research, available at https://www.fda.gov/ information submitted, marked and Food and Drug Administration, 10903 AdvisoryCommittees/Calendar/ identified, as confidential, if submitted New Hampshire Ave., Bldg. 71, Rm. default.htm. Scroll down to the as detailed in ‘‘Instructions.’’ 6268, Silver Spring, MD 20993–0002, appropriate advisory committee meeting Instructions: All submissions received [email protected], or FDA Advisory link. The meeting will include slide must include the Docket No. FDA– Committee Information Line, 1–800– presentations with audio components to 2021–N–0651 for ‘‘Cellular, Tissue and 741–8138 (301–443–0572 in the allow the presentation of materials in a Gene Therapies Advisory Committee; Washington, DC area). A notice in the manner that most closely resembles an Notice of Meeting; Establishment of a Federal Register about last-minute in-person advisory committee meeting. Public Docket; Request for Comments.’’ modifications that impact a previously Procedure: Interested persons may Received comments, those filed in a announced advisory committee meeting present data, information, or views, timely manner (see ADDRESSES), will be cannot always be published quickly orally or in writing, on issues pending placed in the docket and, except for enough to provide timely notice. before the committee. All electronic and those submitted as ‘‘Confidential Therefore, before coming to the meeting, written submissions submitted to the Submissions,’’ publicly viewable at you should always check the Agency’s Docket (see ADDRESSES) on or before https://www.regulations.gov or at the website at https://www.fda.gov/ August 26, 2021, will be provided to the Dockets Management Staff between 9 AdvisoryCommittees/default.htm and committee. Oral presentations from the a.m. and 4 p.m., Monday through scroll down to the appropriate advisory public will be scheduled twice each day Friday, 240–402–7500. committee meeting link, or call the between approximately 12:45 p.m. and • Confidential Submissions—To advisory committee information line to 1:15 p.m. and 4:05 p.m. and 4:35 p.m. submit a comment with confidential learn about possible modifications. on September 2, and between 11 a.m. information that you do not wish to be SUPPLEMENTARY INFORMATION: and 11:30 a.m. and 1:50 p.m. and 2:20 made publicly available, submit your Agenda: The meeting presentations p.m. on September 3. Individuals comments only as a written/paper will be heard, viewed, captioned, and interested in making formal oral submission. You should submit two recorded through an online presentations should notify the contact copies total. One copy will include the teleconferencing platform. The CTGTAC person and submit a brief statement of information you claim to be confidential committee will meet in open session on the general nature of the evidence or with a heading or cover note that states both days to discuss the toxicity risks of arguments they wish to present, the ‘‘THIS DOCUMENT CONTAINS AAV vector-based gene therapy names and addresses of proposed CONFIDENTIAL INFORMATION.’’ FDA products. The discussion topics include participants, and an indication of the will review this copy, including the oncogenicity risks due to vector genome approximate time requested to make claimed confidential information, in its integration and safety issues identified their presentation on or before August consideration of comments. The second during preclinical and/or clinical 18, 2021. Time allotted for each copy, which will have the claimed evaluation. On September 2, 2021, in presentation may be limited. If the confidential information redacted/ the morning, under session 1, the number of registrants requesting to blacked out, will be available for public CTGTAC committee will meet to speak is greater than can be reasonably viewing and posted on https:// discuss and make recommendations on accommodated during the scheduled www.regulations.gov. Submit both vector integration and oncogenicity open public hearing session, FDA may copies to the Dockets Management Staff. risks. In the afternoon under session 2, conduct a lottery to determine the If you do not wish your name and the committee will discuss and make speakers for the scheduled open public contact information be made publicly recommendations on hepatotoxicity hearing session. The contact person will available, you can provide this issues. On September 3, 2021, in the notify interested persons regarding their information on the cover sheet and not morning under session 3, the committee request to speak by August 19, 2021. in the body of your comments and you will meet to discuss and make For press inquiries, please contact the must identify the information as recommendations on thrombotic Office of Media Affairs at fdaoma@ ‘‘confidential.’’ Any information marked microangiopathy issues. In the fda.hhs.gov or 301–796–4540.

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FDA welcomes the attendance of the examination gloves listed in the January intend to market a new device to submit public at its advisory committee 15 notice are reserved class I devices for a premarket notification (510(k)) meetings and will make every effort to which a premarket notification is demonstrating the new device is accommodate persons with disabilities. required. ‘‘substantially equivalent’’ within the If you require accommodations due to a DATES: Compliance date: All devices meaning of section 513(i) of the FD&C disability, please contact Jarrod Collier subject to this order shall comply with Act to a legally marketed device for at [email protected] (see FOR FURTHER the order no later than August 25, 2021. which premarket approval is not INFORMATION CONTACT) at least 7 days in required. Section 510(l)(1) of the FD&C ADDRESSES: For access to the docket to advance of the meeting. Act, added to the statute by the Food read background documents or the FDA is committed to the orderly and Drug Administration Modernization electronic and-written/paper comments conduct of its advisory committee Act of 1997 (FDAMA), provides that a received, go to https:// meetings. Please visit our website at 510(k) is not required for a class I www.regulations.gov and insert the https://www.fda.gov/advisory- device, except for any class I device docket number, found in brackets in the committees/about-advisory-committees/ intended for a use that is of substantial heading of this document, into the public-conduct-during-fda-advisory- importance in preventing impairment of ‘‘Search’’ box and follow the prompts committee-meetings for procedures on human health, or any class I device that and/or go to the Dockets Management public conduct during advisory presents a potential unreasonable risk of Staff, 5630 Fishers Lane, Rm. 1061, committee meetings. illness or injury. FDA refers to these as Rockville, MD 20852, 240–402–7500. Notice of this meeting is given under the ‘‘reserved criteria’’ and to class I the Federal Advisory Committee Act (5 FOR FURTHER INFORMATION CONTACT: devices subject to 510(k) as ‘‘class I U.S.C. app. 2). Angela Krueger, Center for Devices and reserved devices.’’ Thus, class I devices Radiological Health, Food and Drug are exempt from the 510(k) Dated: July 16, 2021. Administration, 10903 New Hampshire Lauren K. Roth, requirements except for class I device Ave., Bldg. 66, Rm. 1660, Silver Spring, types that meet the reserved criteria Acting Principal Associate Commissioner for MD 20993, 301–796–6380, or by email Policy. under section 510(l)(1). at [email protected]. As discussed in the April 16 notice, [FR Doc. 2021–15783 Filed 7–23–21; 8:45 am] SUPPLEMENTARY INFORMATION: since 2017, FDA has evaluated which BILLING CODE 4164–01–P I. Background Regarding Section 510(l) devices meet the reserved criteria of the FD&C Act several times. See 86 FR 20167 at 20168. Each time, FDA has made its DEPARTMENT OF HEALTH AND Under section 513 of the Federal HUMAN SERVICES determinations available to the public Food, Drug, and Cosmetic Act (FD&C through publication in the Federal Food and Drug Administration Act) (21 U.S.C. 360c), FDA must classify Register. See 63 FR 5387, 63 FR 63222, devices into one of three regulatory 65 FR 2296, 82 FR 17841, 84 FR 71794. [Docket No. FDA–2021–Z–0025] classes: Class I, class II, or class III. FDA In 1998, after FDAMA was enacted, classification of a device is determined FDA evaluated all class I devices in Medical Devices; Class I Surgeon’s by the amount of regulation necessary to and Patient Examination Gloves interstate commerce at that time, and provide a reasonable assurance of safety published a notice in the Federal AGENCY: Department of Health and and effectiveness. The Medical Device Register containing: (1) A list of device Human Services (HHS), Food and Drug Amendments of 1976 (‘‘1976 types that FDA believed met the Administration (FDA). amendments’’) (Pub. L. 94–295), and the reserved criteria and thus would remain ACTION: Final order, determination. Safe Medical Devices Act of 1990 (Pub. subject to premarket notification and (2) L. 101–629), require FDA to classify a list of device types that FDA believed SUMMARY: The Department of Health and devices into class I (‘‘general controls’’) did not meet these criteria and thus Human Services (HHS or ‘‘the if there is information showing that the would be exempt from such Department’’) issued a Notice in the general controls of the FD&C Act are requirements. See 63 FR 5387. Although Federal Register of January 15, 2021, sufficient to assure safety and devices that did not meet the reserved (‘‘the January 15 notice’’) which effectiveness; into class II (‘‘special criteria became exempt on February 19, identified seven types of reserved class controls’’), if general controls, by 1998, FDA also issued proposed and I devices that the Department had themselves, are insufficient to provide final rules amending the applicable determined no longer require premarket reasonable assurance of safety and classification regulations for these notification. The Department and the effectiveness, but there is sufficient devices, as well as for five device types Food and Drug Administration (FDA or information to establish special controls that FDA had exempted prior to ‘‘the Agency’’) issued a Notice in the to provide such assurance; and into FDAMA that, post-FDAMA, FDA Federal Register of April 16, 2021 (‘‘the class III (premarket approval), if there is determined meet the reserved criteria. April 16 notice’’) explaining the basis insufficient information to support See 63 FR 63222, 65 FR 2296. for our current view that the seven types classifying a device into class I or class On December 13, 2016, the 21st of reserved class I devices identified in II and the device is a life sustaining or Century Cures Act (Cures Act) amended the January 15 notice require a life supporting device, or is for a use section 510(l) of the FD&C Act, premarket notification, and explaining which is of substantial importance in reorganizing section 510(l) into why the reasoning supporting the prior preventing impairment of human paragraphs 510(l)(1) and (2). Section determination was unsound. HHS and health, or presents a potential 510(l)(2) of the FD&C Act requires FDA FDA sought comment on the matters unreasonable risk of illness or injury. to identify at least once every 5 years, discussed in the April 16 notice, and Unless a device is exempt from through publication in the Federal have considered the comments that premarket notification, section 510(k) of Register, any type of class I device that were submitted to the docket. HHS and the FD&C Act (21 U.S.C. 360(k)) and the the Agency determines no longer FDA are issuing this final order and implementing regulations, part 807 of requires a report under section 510(k) of determination that the seven types of Title 21 of the Code of Federal the FD&C Act to provide reasonable class I surgeon’s gloves and patient Regulations (CFR), require persons who assurance of safety and effectiveness.

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Section 510(l)(2) of the FD&C Act determinations made in that notice. For and thus are subject to the reporting further provides that, upon publication example, the January 15 notice relied requirement under section 510(k) of the of the Agency’s determination in the solely upon adverse event reports in the FD&C Act. Based on the risks inherent Federal Register, these devices shall be Manufacturer and User Facility Device to surgeon’s gloves and patient exempt from 510(k), and the Experience (MAUDE) as its basis for examination gloves and the diseases classification regulation applicable to determining the products to be exempt being prevented, FDA’s experience with each such type of device shall be from 510(k), and then only adverse these devices, and other relevant deemed amended to incorporate such event reports for a very narrow period considerations, HHS and FDA have exemption. Accordingly, in 2017, FDA of time. While adverse event reports are determined that gloves with the product published in a notice in the Federal a valuable source of information, the codes LYY, LYZ, OIG, OPC, OPH, LZC, Register a list of class I device types that reports have limitations, including the and OPA are intended for uses which it has determined no longer meet the potential submission of incomplete, are of substantial importance in reserved criteria and are thus exempt inaccurate, untimely, unverified, or preventing impairment of human health from 510(k) (82 FR 17841). In 2019, FDA biased data. In addition, the incidence or present a potential unreasonable risk amended the classification regulations or prevalence of an event cannot be of illness or injury, and thus a report is to reflect its exemption determinations. determined from adverse event reports required under section 510(k) of the alone, due to underreporting of events, FD&C Act. Surgeon’s gloves and patient II. Criteria for Exemption From Section inaccuracies in reports, lack of examination gloves are generally 510(k) of the FD&C Act verification that the device caused the intended to prevent contamination and Section 510(l)(1) of the FD&C Act reported event, and lack of information the spread of pathogens, and can be the provides that a class I device is not about frequency of device use. Adverse key barrier protecting against spreading exempt from the premarket notification event data is not adequate on its own for infection (Refs. 1–3). See 21 CFR requirements of section 510(k) of the assessing safety, let alone whether to 878.4460 and 880.6250. As set forth in FD&C Act if the device is intended for determine a device to be exempt from the April 16 notice, surgeon’s gloves a use that is of substantial importance 510(k). prevent against contamination in the in preventing impairment of human operating room (Refs. 4 and 5), medical III. Final Order Regarding Surgeon’s health, or it presents a potential gloves protect against occupational Gloves and Patient Examination Gloves unreasonable risk of illness or injury. As exposure, for example, to chemotherapy and Premarket Notification explained in the April 16 notice, section drugs (Refs. 6 and 7), and these gloves 510(l)(2) of the FD&C Act directs FDA to In the April 16 notice, HHS and FDA play an important role in protecting the identify which class I devices that FDA announced our view that surgeon’s public. Review under section 510(k) is previously determined meet the gloves and patient examination gloves necessary to provide reasonable reserved criteria no longer meet these meet the reserved criteria, and sought assurance of their safety and criteria, in which case a 510(k) is no comment on this determination. HHS effectiveness, including by helping to longer required to provide reasonable and FDA received eight comments on assure that the identified gloves are assurance of safety and effectiveness. that notice, all of which were supportive durable and impermeable, among other FDA has explained that in determining of the determination that surgeon’s things. whether either of these criteria are met, gloves and patient examination gloves Based on this evaluation and the Agency considers, for example, its meet the reserved criteria and are considering the comments submitted, experience in reviewing premarket properly subject to premarket HHS and FDA have made a final notifications for each device, focusing notification. determination that surgeon’s gloves and on the risk inherent with the device and As discussed in the April 16 notice, patient examination gloves meet the the disease being treated or diagnosed because of their importance in reserved criteria and therefore are (e.g., devices with rapidly evolving preventing impairment of human subject to premarket notification. technology or expansions of intended health, FDA has long considered uses). See 63 FR 5387, 82 FR 17841. The surgeon’s and patient examination IV. Further Information for Regulated Agency also considers the history of gloves to meet the reserved criteria Entities adverse event reports under the medical under section 510(l) and to be subject to The gloves discussed in this notice device reporting program for these the 510(k) requirement. See 63 FR 5387, are reserved, and as such, a 510(k) is devices, as well as their history of 63 FR 63222, 65 FR 2296. In 2017 and required for them. In general, FDA product recalls. Id. 2019, FDA evaluated all class I reserved evaluates the dimensional and physical As discussed in the April 16 notice, devices to determine whether they properties of the gloves, and nonclinical the January 15 notice (86 FR 4088) continued to meet the reserved criteria. data regarding barrier performance, neither discussed the reserved criteria See 82 FR 17841, 84 FR 71794. FDA biocompatibility, and residual powders, nor explained how HHS came to specifically evaluated the seven device among other information, to support the determine that the gloves no longer types at issue based on its experiences safety and effectiveness of the gloves for meet the reserved criteria; i.e., that the with 510(k) submissions for the gloves, their intended use. FDA also evaluates gloves are not intended for a use that is the risk inherent to the devices and the the indications for use and labeling to of substantial importance in preventing diseases they prevent, and other ensure the devices are appropriately impairment of human health, or do not relevant considerations and determined labeled, consistent with their intended present a potential unreasonable risk of that surgeon’s gloves and patient use. For any gloves that are illness or injury. The January 15 notice examination gloves met the reserved distributed—including any gloves that contained no mention of or cite to this criteria and therefore remained subject are presented for import—after the statutory standard, nor an explanation to premarket notification. compliance date of this order without as to why it was left out. The April 16 HHS and FDA continue to believe that premarket review, the Agency will notice discussed other procedural and these gloves are of substantial consider and take appropriate substantive deficiencies in the January importance in preventing impairment of enforcement action, taking into account 15 notice that contributed to HHS’s and human health or present a potential the enforcement policy in its Guidance FDA’s decision to reverse the unreasonable risk of illness or injury for Industry, ‘‘Enforcement Policy for

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Gowns, Other Apparel, and Gloves Oncology Pharmacy Practice. 2020 Aug FOR FURTHER INFORMATION CONTACT: During the Coronavirus Disease 26:1078155220950423. doi: 10.1177/ Jaime Espinosa, Division of Enforcement (COVID–19) Public Health Emergency; 1078155220950423. Epub ahead of print. (ELEM–4029), Office of Strategic PMID: 32847481. Planning and Operational Policy, Office Guidance for Industry and Food and 8. *FDA Guidance, ‘‘Enforcement Policy for Drug Administration Staff’’ (Ref. 8). Gown, Other Apparel, and Gloves During of Regulatory Affairs, Food and Drug Administration, 12420 Parklawn Dr., V. References the Coronavirus Disease (COVID–19) Public Health Emergency, Guidance for Rockville, MD 20857, 240–402–8743, or The following references marked with Industry and Food and Drug at [email protected]. an asterisk (*) are on display at the Administration Staff,’’ March 25, 2020, SUPPLEMENTARY INFORMATION: Dockets Management Staff (see available at https://www.fda.gov/ ADDRESSES) and are available for regulatory-information/search-fda- I. Background viewing by interested persons between guidance-documents/enforcement- Section 306(b)(1)(C) of the FD&C Act policy-gowns-other-apparel-and-gloves- 9 a.m. and 4 p.m., Monday through during-coronavirus-disease-covid-19- (21 U.S.C. 335a(b)(1)(C)) permits FDA to Friday; they also are available public-health. debar an individual from importing an electronically at https:// article of food or offering such an article www.regulations.gov. References Dated: July 12, 2021. for import into the United States if FDA without asterisks are not on public Janet Woodcock, finds, as required by section display at https://www.regulations.gov Acting Commissioner of Food and Drugs. 306(b)(3)(A) of the FD&C Act, that the because they have copyright restriction. Dated: July 21, 2021. individual has been convicted of a Some may be available at the website Xavier Becerra, felony for conduct relating to the address, if listed. References without Secretary, Department of Health and Human importation into the United States of asterisks are available for viewing only Services. any food. at the Dockets Management Staff. FDA [FR Doc. 2021–15891 Filed 7–23–21; 8:45 am] On October 15, 2020, Mr. Doyle was has verified the website addresses, as of BILLING CODE 4164–01–P convicted as defined in section the date this document publishes in the 306(l)(1)(A) of the FD&C Act, in the U.S. Federal Register, but websites are District Court for the Northern District subject to change over time. DEPARTMENT OF HEALTH AND of Texas-Dallas Division, when the court accepted Mr. Doyle’s plea of guilty and 1. *Centers for Disease Control. ‘‘Perspectives HUMAN SERVICES in Disease Prevention and Health entered judgment against him for the Promotion Update: Universal Food and Drug Administration offense of conspiracy to introduce misbranded food into interstate Precautions for Prevention of [Docket No. FDA–2020–N–2149] Transmission of Human commerce with an intent to defraud and Immunodeficiency Virus, Hepatitis B Jonathan Doyle: Final Debarment mislead in violation of 18 U.S.C. 371 (21 Virus, and Other Bloodborne Pathogens Order U.S.C. 331(a) and 21 U.S.C. 333(a)(2)). in Health-Care Settings.’’ Morbidity and FDA’s finding that the debarment is Mortality Weekly Report 1988; AGENCY: Food and Drug Administration, appropriate is based on the felony 37(25):377–388. HHS. conviction referenced herein. The 2. World Health Organization. Glove Use ACTION: factual basis for this conviction is as Information Leaflet. 2009. https:// Notice. www.who.int/gpsc/5may/Glove_Use_ follows: As contained in the factual _ SUMMARY: The Food and Drug re´sume´, dated February 15, 2019, in Mr. Information Leaflet.pdf. Administration (FDA) is issuing an 3. *Collins, A.S. ‘‘Preventing Health Care- Doyle’s case, he was the President of Associated Infections.’’ In: Hughes, R.G., order under the Federal Food, Drug, and USPlabs, LLC (USP Labs), and owned 45 editor. Patient Safety and Quality: An Cosmetic Act (FD&C Act) debarring percent of the company. USP Labs sold Evidence-Based Handbook for Nurses. Jonathan Doyle for a period of 5 years dietary supplements. Beginning in or Rockville (MD): Agency for Healthcare from importing articles of food or around October 2008 and continuing Research and Quality (US); 2008 April. offering such articles for importation until at least in or around August 2014, Chapter 41. https:// into the United States. FDA bases this Mr. Doyle engaged in a conspiracy with www.ncbi.nlm.nih.gov/books/NBK2683/ order on a finding that Mr. Doyle was pdf/Bookshelf_NBK2683.pdf. others to import and ship in interstate convicted of a felony count under commerce a variety of chemicals for use 4. Alexander, J. Wesley, Joseph S. Solomkin, Federal law for conduct relating to the and Michael J. Edwards (2011). and prospective use in dietary ‘‘Updated Recommendations for Control importation into the United States of an supplements with false labeling. To of Surgical Site Infections,’’ Annals of article of food. Mr. Doyle was given further this conspiracy, Mr. Doyle’s Surgery, 253(6):1082–1093. notice of the proposed debarment and coconspirators ordered chemicals from 5. Sugarbaker, P.H. (2018). ‘‘Increased Safety an opportunity to request a hearing Chinese chemical sellers to be used as of Surgical Glove Application: The within the timeframe prescribed by ingredients in dietary supplements and Under/Over Method’’ Annals of the regulation. As of April 8, 2021 (30 days Royal College of Surgeons of England, had them labeled falsely as other food after receipt of the notice), Mr. Doyle substances. USP Labs sold dietary 100(4):339–340. has not responded. Mr. Doyle’s failure 6. Landeck, L., E. Gonzalez, and O.M. Koch. supplements called Jack3d and OxyElite ‘‘Handling Chemotherapy Drugs—Do to respond and request a hearing Pro, both of which originally contained Medical Gloves Really Protect?’’ constitutes a waiver of his right to a a substance called 1,3- International Journal of Cancer. 2015 hearing concerning this matter. dimethylamylamine (DMAA), which is October 15;137(8):1800–5. doi: 10.1002/ DATES: This order is applicable July 26, also known as methylhexaneamine. USP ijc.29058. Epub 2014 July 22. PMID: 2021. Labs imported numerous substances 24978061 ADDRESSES: Submit applications for intended for human consumption, 7. Nalin, M., G. Hug, E. Boeckmans, C. Machon, et al. ‘‘Permeation termination of debarment to the Dockets including DMAA, using false and Measurement of 27 Chemotherapy Drugs Management Staff, Food and Drug fraudulent Certificates of Analysis After Simulated Dynamic Testing on 15 Administration, 5630 Fishers Lane, Rm. (COA) and other false and fraudulent Surgical And Examination Gloves: A 1061, Rockville, MD 20852, 240–402– documentation and labeling. At least Knowledge Update.’’ Journal of 7500, or at https://www.regulations.gov. some of the false COAs that USP Labs

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caused to be created for their DMAA 30 days from the date of receipt of the DEPARTMENT OF HEALTH AND shipments stated falsely that the letter in which to file the request, and HUMAN SERVICES substance in the shipments had been advised Mr. Doyle that failure to request extracted from the geranium plant. a hearing constituted a waiver of the Health Resources and Services Further, on or about December 8, 2011, opportunity for a hearing and of any Administration Mr. Doyle’s coconspirator instructed a contentions concerning this action. Mr. Agency Information Collection Chinese chemical seller via email to Doyle failed to respond within the misbrand a shipment of nine different Activities: Proposed Collection: Public timeframe prescribed by regulation and Comment Request; Information chemicals sent from China to USP Labs has, therefore, waived his opportunity in Texas. One of those synthetic Collection Request Title: COVID–19 for a hearing and waived any chemicals was called ‘‘aegeline.’’ The Provider Relief Fund Reporting contentions concerning his debarment first aegeline-containing version of Activities, OMB No. 0906–XXXX New OxyElite Pro, which was called OxyElite (21 CFR part 12). AGENCY: Health Resources and Services ‘‘New Formula,’’ went on sale in II. Findings and Order Administration (HRSA), Department of December 2012. In summer 2013, USP Health and Human Services. Labs reformulated the product again to Therefore, the Assistant contain aegeline and powder derived Commissioner, Office of Human and ACTION: Notice. from a Chinese herb called cynanchum Animal Food Operations, under section SUMMARY: In compliance with the auriculatum. On or about June 15, 2013, 306(b)(1)(C) of the FD&C Act, under requirement for opportunity for public Mr. Doyle’s coconspirator instructed a authority delegated to the Assistant comment on proposed data collection Chinese chemical seller to have two Commissioner, finds that Mr. Jonathan projects of the Paperwork Reduction Act metric tons of ground cynanchum Doyle has been convicted of a felony of 1995, HRSA announces plans to auriculatum root powder shipped count under Federal law for conduct submit an Information Collection internationally to SK Laboratories in relating to the importation into the Request (ICR), described below, to the California for inclusion in USP Labs’ United States of an article of food and Office of Management and Budget products, using the false name that he is subject to a 5-year period of (OMB). Prior to submitting the ICR to ‘‘cynanchum auriculatum root extract.’’ debarment. OMB, HRSA seeks comments from the USP Labs sent false labels listing public regarding the burden estimate, ‘‘cynanchum auriculatum (root) extract’’ As a result of the foregoing finding, below, or any other aspect of the ICR. as an ingredient in its OxyElite Pro Mr. Doyle is debarred for a period of 5 ‘‘Advanced Formula’’ supplement, even years from importing articles of food or DATES: Comments on this ICR should be though that ingredient was not present offering such articles for import into the received no later than September 24, in the product. The conspirators United States, effective July 26, 2021. 2021. collected millions in revenue that they Pursuant to section 301(cc) of the FD&C ADDRESSES: Submit your comments to would not have obtained, absent the Act (21 U.S.C. 331(cc)), the importing or [email protected] or mail the HRSA conspiracy. offering for import into the United Information Collection Clearance As a result of this conviction FDA States of an article of food by, with the Officer, Room 14N136B, 5600 Fishers sent Mr. Doyle, by certified mail on assistance of, or at the direction of Lane, Rockville, MD 20857. March 4, 2021, a notice proposing to Jonathan Doyle is a prohibited act. FOR FURTHER INFORMATION CONTACT: To debar him for a period of 5 years from request more information on the importing articles of food or offering Any application by Mr. Doyle for proposed project or to obtain a copy of such articles for import into the United termination of debarment under section the data collection plans and draft States. The proposal was based on a 306(d)(1) of the FD&C Act should be instruments, email [email protected] finding under section 306(b)(1)(C) of the identified with Docket No. FDA–2020– or call Lisa Wright-Solomon, the HRSA FD&C Act that Mr. Doyle’s felony N–2149 and sent to the Dockets Information Collection Clearance Officer conviction of conspiracy to introduce Management Staff (ADDRESSES). The at (301) 443–1984. misbranded food into interstate public availability of information in commerce with an intent to defraud and these submissions is governed by 21 SUPPLEMENTARY INFORMATION: When mislead in violation of 18 U.S.C. 371 (21 CFR 10.20. submitting comments or requesting information, please include the U.S.C. 331(a) and 21 U.S.C. 333(a)(2)), Publicly available submissions will be constitutes conduct relating to the information request collection title for placed in the docket and will be importation into the United States of an reference. viewable at https://www.regulations.gov article of food because the offense Information Collection Request Title: involved a conspiracy to import a or at the Dockets Management Staff (see COVID–19 Provider Relief Fund variety of chemicals with false labeling ADDRESSES) between 9 a.m. and 4 p.m., Reporting Activities, OMB No. 0906– in order to either use those chemicals in Monday through Friday, 240–402–7500. XXXX New. dietary supplements which would Dated: July 19, 2021. Abstract: HRSA administers the themselves also contain false labeling or Lauren K. Roth, Provider Relief Fund (PRF), which has to determine whether those chemicals disbursed funds to eligible health care Acting Principal Associate Commissioner for providers to support health care-related could be used in new dietary Policy. supplements. expenses or lost revenues attributable to The proposal was also based on a [FR Doc. 2021–15775 Filed 7–23–21; 8:45 am] the COVID–19 pandemic. Providers who determination, after consideration of the BILLING CODE 4164–01–P have accepted the Terms and relevant factors set forth in section Conditions regarding their PRF 306(c)(3) of the FD&C Act, that Mr. payment(s), including the requirement Doyle should be subject to a 5-year that the provider ‘‘shall submit reports period of debarment. The proposal also as the Secretary determines are needed offered Mr. Doyle an opportunity to to ensure compliance with conditions request a hearing, providing Mr. Doyle that are imposed on this Payment, and

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such reports shall be in such form, with Need and Proposed Use of the also use information collected to such content, as specified by the Information: Recipients of a PRF identify and report on trends in health Secretary in future program instructions payment agreed to a set of Terms and care metrics and expenditures before directed to all Recipients,’’ will be using Conditions, which, among other and during the allowable period for the PRF Reporting Portal to submit requirements, mandate compliance with expending PRF payments. information about their use of PRF certain reporting requirements that will Likely Respondents: PRF recipients payments. HRSA is currently operating facilitate appropriate oversight of who have received more than $10,000 in under the Paperwork Reduction Act recipients’ use of funds. Public Health Emergency (PHE) waiver Information collected will allow for aggregate PRF payments during one of that was approved by the Office of the (1) assessing whether recipients have the Payment Received Periods outlined Assistant Secretary for Planning and met statutory and programmatic below and that agreed to the associated Evaluation on January 14, 2021. In requirements, (2) conducting audits, (3) Terms and Conditions are required to anticipation of the PHE waiver expiring, gathering data required to report on submit a report in the PRF Reporting HRSA is undergoing the OMB clearance findings with respect to the Portal during the applicable Reporting process as the data will be collected disbursements of PRF payments, and (4) Time Period. beyond the PHE. program evaluation. HRSA staff will

Payment received period Reporting period (payments exceeding $10,000 in Reporting time period aggregate received)

Period 1 ...... April 10, 2020, to June 30, 2020 ...... July 1, 2021, to September 30, 2021. Period 2 ...... July 1, 2020, to December 31, 2020 ...... January 1, 2022, to March 31, 2022. Period 3 ...... January 1, 2021, to June 30, 2021 ...... July 1, 2022, to September 30, 2022. Period 4 ...... July 1, 2021, to December 31, 2021 ...... January 1, 2023, to March 31, 2023.

Burden Statement: Burden in this technology and systems for the purpose data sources; to complete and review context means the time expended by of collecting, validating and verifying the collection of information; and to persons to generate, maintain, retain, information, processing and transmit or otherwise disclose the disclose or provide the information maintaining information, and disclosing information. The total annual burden requested. This includes the time and providing information; to train hours estimated for this ICR are needed to review instructions; to personnel and to be able to respond to summarized in the table below. develop, acquire, install, and utilize a collection of information; to search

TOTAL ESTIMATED ANNUALIZED BURDEN HOURS

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

PRF Reporting Portal, Reporting Period 1 (Providers who received payments April 10, 2020, to June 30, 2020) ..... 126,831 1 126,831 5.6 710,254 PRF Reporting Portal, Reporting Period 2 (Providers who received payments July 1, 2020, to December 31, 2020) 120,536 1 120,536 4.2 506,251 PRF Reporting Portal, Reporting Period 3 (Providers who received payments January 1, 2021, to June 30, 2021) 19,962 1 19,962 5.6 111,787 PRF Reporting Portal, Reporting Period 4 (Providers who received payments July 1, 2021, to December 31, 2021) 19,962 1 19,962 5.6 111,787

Total ...... 287,291 ...... 287,291 ...... 1,440,079

HRSA specifically requests comments DEPARTMENT OF HEALTH AND Group (TBDWG) will hold a virtual on (1) the necessity and utility of the HUMAN SERVICES meeting. The meeting will be open to proposed information collection for the the public. For this meeting, TBDWG proper performance of the agency’s Meeting of the Tick-Borne Disease members will focus on plans to develop functions, (2) the accuracy of the Working Group the next report due December 2022 on estimated burden, (3) ways to enhance federal tick-borne activities and the quality, utility, and clarity of the AGENCY: Office of the Assistant Secretary for Health, Office of the research, taking into consideration the information to be collected, and (4) the 2018 and 2020 reports. The 2022 report use of automated collection techniques Secretary, Department of Health and Human Services. will address a wide range of topics or other forms of information related to tick-borne diseases, such as, technology to minimize the information ACTION: Notice. surveillance, prevention, diagnosis, collection burden. diagnostics, and treatment; identify SUMMARY: As required by the Federal Maria G. Button, Advisory Committee Act, the advances made in research, as well as Director, Executive Secretariat. Department of Health and Human overlap and gaps in tick-borne disease [FR Doc. 2021–15885 Filed 7–23–21; 8:45 am] Services (HHS) is hereby giving notice research; and provide recommendations BILLING CODE 4165–15–P that the Tick-Borne Disease Working regarding any appropriate changes or

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improvements to such activities and Dated: July 9, 2021. Name of Committee: Advisory Committee research. James J. Berger, on Research on Women’s Health. Designated Federal Officer, Tick-Borne Date: October 20, 2021. DATES: The meeting will be held online Disease Working Group, Office of Infectious Time: 9:00 a.m. to 5:00 p.m. via webcast on August 26, 2021 from Disease and HIV/AIDS Policy. Agenda: Reports on Congressionally Recommended Women’s Health Priorities: approximately 9:00 a.m. to 5:00 p.m. ET [FR Doc. 2021–15830 Filed 7–23–21; 8:45 am] Rising Maternal Morbidity and Mortality (times are tentative and subject to BILLING CODE 4150–28–P change). The confirmed times and Rates; Rising Rates of Chronic Debilitating Conditions in Women; and Stagnant Cervical agenda items for the meeting will be Cancer Survival Rates. posted on the TBDWG web page at DEPARTMENT OF HEALTH AND Date: October 21, 2021. https://www.hhs.gov/ash/advisory- HUMAN SERVICES Time: 9:30 a.m. to 4:30 p.m. committees/tickbornedisease/meetings/ Agenda: Director’s Report, NCI Director 2021-08-26/index.html when this Best Practices for Advancing Cultural Presentation, Women’s Health Consensus information becomes available. Competency, Language Access and Conference Working Group Report, and Sensitivity toward Asian Americans concept clearances for various ORWH FOR FURTHER INFORMATION CONTACT: and Pacific Islanders programs. James Berger, Designated Federal Officer Place: National Institutes of Health, 6701 for the TBDWG; Office of Infectious Correction Rockledge Drive, Bethesda, MD 20892 Disease and HIV/AIDS Policy, Office of In notice document 2021–15168, (Virtual Meeting). the Assistant Secretary for Health, appearing on pages 37757–37758 in the Contact Person: Samia Noursi, Ph.D., Department of Health and Human issue of Friday, July 16, 2021, make the Associate Director, Science Policy, Planning, and Analysis, Office of Research on Women’s Services, Mary E. Switzer Building, 330 following correction: C Street SW, Suite L600, Washington, Health, National Institutes of Health, 6707 On page 37757, in the third column, DC 20024. Email: tickbornedisease@ Democracy Blvd., Room 402, Bethesda, MD on the thirty-sixth line from the top, 20892, 301–496–9472, [email protected]. hhs.gov. ‘‘[email protected]’’ should read Any member of the public interested in SUPPLEMENTARY INFORMATION: ‘‘[email protected].’’ presenting oral comments to the committee Registration information can be found [FR Doc. C1–2021–15168 Filed 7–23–21; 8:45 am] may notify the Contact Person listed on this on the meeting website at https:// BILLING CODE 0099–10–P notice at least 10 days in advance of the www.hhs.gov/ash/advisory-committees/ meetings. Interested individuals and representatives of organizations may submit tickbornedisease/meetings/2021-08-26/ DEPARTMENT OF HEALTH AND a letter of intent, a brief description of the index.html when it becomes available. HUMAN SERVICES organization represented, and a short The public will have an opportunity to description of the oral presentation. Only one present their views to the TBDWG orally National Institutes of Health representative of an organization may be during the meeting’s public comment allowed to present oral comments and if session or by submitting a written Office of The Director, National accepted by the committee, presentations public comment. Comments should be Institutes of Health; Notice of Meeting may be limited to five minutes. Both printed pertinent to the meeting discussion. and electronic copies are requested for the Persons who wish to provide verbal or Pursuant to section 10(a) of the record. In addition, any interested person written public comment should review Federal Advisory Committee Act, as may file written comments with the instructions at https://www.hhs.gov/ amended, notice is hereby given of a committee by forwarding their statement to meeting of the Advisory Committee on the Contact Person listed on this notice. The ash/advisory-committees/ statement should include the name, address, tickbornedisease/meetings/2021-08-26/ Research on Women’s Health. The meeting will be held as a virtual telephone number and when applicable, the index.html and respond by midnight business or professional affiliation of the August 17, 2021 ET. Verbal comments meeting and open to the public. interested person. will be limited to three minutes each to Individuals who plan to view the virtual Information is also available on the accommodate as many speakers as meeting and need special assistance or Institute’s/Center’s home page: https:// possible during the 30 minute session. other reasonable accommodations to orwh.od.nih.gov/, where an agenda and any Written public comments will be view the meeting, should notify the additional information for the meeting will accessible to the public on the TBDWG Contact Person listed below in advance be posted when available. web page prior to the meeting. of the meeting. The meeting will be (Catalogue of Federal Domestic Assistance videocast and can be accessed from the Program Nos. 93.14, Intramural Research Background and Authority: The Tick- NIH Videocasting and Podcasting Training Award; 93.22, Clinical Research Borne Disease Working Group was website (http://videocast.nih.gov/). Loan Repayment Program for Individuals established on August 10, 2017, in from Disadvantaged Backgrounds; 93.232, accordance with Section 2062 of the Name of Committee: Advisory Committee Loan Repayment Program for Research on Research on Women’s Health. 21st Century Cures Act, and the Federal Generally; 93.39, Academic Research Date: September 1, 2021. Enhancement Award; 93.936, NIH Acquired Advisory Committee Act, 5 U.S.C. App., Time: 1:30 p.m. to 2:30 p.m. Immunodeficiency Syndrome Research Loan as amended, to provide expertise and Agenda: Presentation from the ACRWH Repayment Program; 93.187, Undergraduate review federal efforts related to all tick- Working Group on the Women’s Health Scholarship Program for Individuals from borne diseases, to help ensure Consensus Conference. Place: National Institutes of Health, 6701 Disadvantaged Backgrounds, National interagency coordination and minimize Institutes of Health, HHS) overlap, and to examine research Rockledge Drive, Bethesda, MD 20892 priorities. The TBDWG is required to (Virtual Meeting). Dated: July 21, 2021. submit a report to the HHS Secretary Contact Person: Samia Noursi, Ph.D., Miguelina Perez, Associate Director, Science Policy, Planning, Program Analyst, Office of Federal Advisory and Congress on their findings and any and Analysis, Office of Research on Women’s Committee Policy. recommendations for the federal Health, National Institutes of Health, 6707 response to tick-borne disease every two Democracy Blvd., Room 402, Bethesda, MD [FR Doc. 2021–15865 Filed 7–23–21; 8:45 am] years. 20892, 301–496–9472, [email protected]. BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND DEPARTMENT OF HOMELAND at https://msc.fema.gov by the date HUMAN SERVICES SECURITY indicated above. FOR FURTHER INFORMATION CONTACT: Rick Federal Emergency Management National Institutes of Health Sacbibit, Chief, Engineering Services Agency Branch, Federal Insurance and National Institute on Aging; Notice of [Docket ID FEMA–2021–0002] Mitigation Administration, FEMA, 400 Closed Meeting C Street SW, Washington, DC 20472, Final Flood Hazard Determinations (202) 646–7659, or (email) Pursuant to section 10(d) of the AGENCY: Federal Emergency [email protected]; or visit Federal Advisory Committee Act, as the FEMA Mapping and Insurance amended, notice is hereby given of the Management Agency, Department of Homeland Security. eXchange (FMIX) online at https:// following meeting. www.floodmaps.fema.gov/fhm/fmx_ ACTION: Notice. The meeting will be closed to the main.html. public in accordance with the SUMMARY: Flood hazard determinations, SUPPLEMENTARY INFORMATION: The provisions set forth in sections which may include additions or Federal Emergency Management Agency 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., modifications of Base Flood Elevations (FEMA) makes the final determinations as amended. The grant applications and (BFEs), base flood depths, Special Flood listed below for the new or modified the discussions could disclose Hazard Area (SFHA) boundaries or zone flood hazard information for each confidential trade secrets or commercial designations, or regulatory floodways on community listed. Notification of these property such as patentable material, the Flood Insurance Rate Maps (FIRMs) changes has been published in and where applicable, in the supporting and personal information concerning newspapers of local circulation and 90 Flood Insurance Study (FIS) reports individuals associated with the grant days have elapsed since that have been made final for the applications, the disclosure of which publication. The Deputy Associate communities listed in the table below. would constitute a clearly unwarranted Administrator for Insurance and The FIRM and FIS report are the basis invasion of personal privacy. Mitigation has resolved any appeals of the floodplain management measures Name of Committee: National Institute on that a community is required either to resulting from this notification. Aging Special Emphasis Panel; Mitochondria adopt or to show evidence of having in This final notice is issued in and Aging. effect in order to qualify or remain accordance with section 110 of the Date: September 3, 2021. qualified for participation in the Federal Flood Disaster Protection Act of 1973, Time: 10:00 a.m. to 12:30 p.m. Emergency Management Agency’s 42 U.S.C. 4104, and 44 CFR part 67. Agenda: To review and evaluate grant (FEMA’s) National Flood Insurance FEMA has developed criteria for applications. Program (NFIP). In addition, the FIRM floodplain management in floodprone Place: National Institute on Aging, and FIS report are used by insurance areas in accordance with 44 CFR part Gateway Building, 7201 Wisconsin Avenue, agents and others to calculate 60. Bethesda, MD 20892 (Video Meeting). appropriate flood insurance premium Interested lessees and owners of real Contact Person: Anita H. Undale, MD, property are encouraged to review the Ph.D., Scientific Review Officer, Scientific rates for buildings and the contents of those buildings. new or revised FIRM and FIS report Review Branch, National Institute on Aging, available at the address cited below for National Institutes of Health, Gateway DATES: The date of November 5, 2021 has been established for the FIRM and, each community or online through the Building, Suite 2W200, 7201 Wisconsin FEMA Map Service Center at https:// Avenue, Bethesda, MD 20892, 301–827– where applicable, the supporting FIS msc.fema.gov. 7428, [email protected]. report showing the new or modified flood hazard information for each The flood hazard determinations are (Catalogue of Federal Domestic Assistance community. made final in the watersheds and/or Program Nos. 93.866, Aging Research, communities listed in the table below. National Institutes of Health, HHS) ADDRESSES: The FIRM, and if applicable, the FIS report containing the (Catalog of Federal Domestic Assistance No. Dated: July 21, 2021. final flood hazard information for each 97.022, ‘‘Flood Insurance.’’) Miguelina Perez, community is available for inspection at Michael M. Grimm, Program Analyst, Office of Federal Advisory the respective Community Map Assistant Administrator for Risk Committee Policy. Repository address listed in the tables Management, Department of Homeland [FR Doc. 2021–15866 Filed 7–23–21; 8:45 am] below and will be available online Security, Federal Emergency Management BILLING CODE 4140–01–P through the FEMA Map Service Center Agency.

Community Community map repository address

Clay County, Iowa and Incorporated Areas Docket No.: FEMA–B–2036

City of Dickens ...... Community Center, 100 Main Street, Dickens, IA 51333. City of Everly ...... City Hall, 202 North Main Street, Everly, IA 51338. City of Peterson ...... City Hall, 101 Main Street, Peterson, IA 51047. City of Spencer ...... City Hall, 418 2nd Avenue West, Spencer, IA 51301. City of Webb ...... City Hall, 306 Church Street, Webb, IA 51366. Town of Gillett Grove ...... Town Hall, 221 Railway Street, Gillett Grove, IA 51341. Unincorporated Areas of Clay County ...... Clay County Courthouse, 300 West 4th Street, Spencer, IA 51301.

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Community Community map repository address

Osceola County, Iowa and Incorporated Areas Docket No.: FEMA–B–2012

City of Ashton ...... City Hall, 3029 3rd Street, Ashton, IA 51232. City of Harris ...... Mayor’s Office, 117 West Osceola Avenue, Harris, IA 51345. City of Ocheyedan ...... City Hall, 869 Main Street, Ocheyedan, IA 51354. City of Sibley ...... Sibley Municipal Offices, 808 3rd Avenue, Sibley, IA 51249. Unincorporated Areas of Osceola County ...... Osceola County Courthouse, 300 7th Street, Sibley, IA 51249.

Golden Valley County, Montana and Incorporated Areas Docket No.: FEMA–B–2013

Town of Lavina ...... Town Office, 117 Main Street, Lavina, MT 59046. Town of Ryegate ...... Town Hall, 105 Kemp Street, Ryegate, MT 59074. Unincorporated Areas of Golden Valley County ...... Golden Valley County Courthouse, 107 Kemp Street, Ryegate, MT 59074.

[FR Doc. 2021–15869 Filed 7–23–21; 8:45 am] buildings and the contents of those must change any existing ordinances BILLING CODE 9110–12–P buildings. that are more stringent in their DATES: Comments are to be submitted floodplain management requirements. on or before October 25, 2021. The community may at any time enact DEPARTMENT OF HOMELAND stricter requirements of its own or ADDRESSES: The Preliminary FIRM, and SECURITY pursuant to policies established by other where applicable, the FIS report for Federal, State, or regional entities. each community are available for Federal Emergency Management These flood hazard determinations are inspection at both the online location Agency used to meet the floodplain https://hazards.fema.gov/femaportal/ management requirements of the NFIP prelimdownload and the respective and are used to calculate the [Docket ID FEMA–2021–0002; Internal Community Map Repository address Agency Docket No. FEMA–B–2146] appropriate flood insurance premium listed in the tables below. Additionally, rates for new buildings built after the the current effective FIRM and FIS Proposed Flood Hazard FIRM and FIS report become effective. Determinations report for each community are The communities affected by the accessible online through the FEMA flood hazard determinations are AGENCY: Federal Emergency Map Service Center at https:// provided in the tables below. Any Management Agency, DHS. msc.fema.gov for comparison. request for reconsideration of the You may submit comments, identified ACTION: Notice. revised flood hazard information shown by Docket No. FEMA–B–2146, to Rick on the Preliminary FIRM and FIS report Sacbibit, Chief, Engineering Services SUMMARY: Comments are requested on that satisfies the data requirements Branch, Federal Insurance and proposed flood hazard determinations, outlined in 44 CFR 67.6(b) is considered Mitigation Administration, FEMA, 400 which may include additions or an appeal. Comments unrelated to the C Street SW, Washington, DC 20472, modifications of any Base Flood flood hazard determinations also will be (202) 646–7659, or (email) Elevation (BFE), base flood depth, considered before the FIRM and FIS [email protected]. Special Flood Hazard Area (SFHA) report become effective. boundary or zone designation, or FOR FURTHER INFORMATION CONTACT: Rick Use of a Scientific Resolution Panel regulatory floodway on the Flood Sacbibit, Chief, Engineering Services (SRP) is available to communities in Insurance Rate Maps (FIRMs), and Branch, Federal Insurance and support of the appeal resolution where applicable, in the supporting Mitigation Administration, FEMA, 400 process. SRPs are independent panels of Flood Insurance Study (FIS) reports for C Street SW, Washington, DC 20472, experts in hydrology, hydraulics, and the communities listed in the table (202) 646–7659, or (email) other pertinent sciences established to below. The purpose of this notice is to [email protected]; or visit review conflicting scientific and seek general information and comment the FEMA Mapping and Insurance technical data and provide regarding the preliminary FIRM, and eXchange (FMIX) online at https:// recommendations for resolution. Use of _ where applicable, the FIS report that the www.floodmaps.fema.gov/fhm/fmx the SRP only may be exercised after Federal Emergency Management Agency main.html. FEMA and local communities have been (FEMA) has provided to the affected SUPPLEMENTARY INFORMATION: FEMA engaged in a collaborative consultation communities. The FIRM and FIS report proposes to make flood hazard process for at least 60 days without a are the basis of the floodplain determinations for each community mutually acceptable resolution of an management measures that the listed below, in accordance with section appeal. Additional information community is required either to adopt 110 of the Flood Disaster Protection Act regarding the SRP process can be found or to show evidence of having in effect of 1973, 42 U.S.C. 4104, and 44 CFR online at https://www.floodsrp.org/pdfs/ in order to qualify or remain qualified 67.4(a). srp_overview.pdf. for participation in the National Flood These proposed flood hazard The watersheds and/or communities Insurance Program (NFIP). In addition, determinations, together with the affected are listed in the tables below. the FIRM and FIS report, once effective, floodplain management criteria required The Preliminary FIRM, and where will be used by insurance agents and by 44 CFR 60.3, are the minimum that applicable, FIS report for each others to calculate appropriate flood are required. They should not be community are available for inspection insurance premium rates for new construed to mean that the community at both the online location https://

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hazards.fema.gov/femaportal/ Preliminary FIRM date listed in the (Catalog of Federal Domestic Assistance No. prelimdownload and the respective tables. Additionally, the current 97.022, ‘‘Flood Insurance.’’) Community Map Repository address effective FIRM and FIS report for each Michael M. Grimm, listed in the tables. For communities community are accessible online Assistant Administrator for Risk with multiple ongoing Preliminary through the FEMA Map Service Center Management, Department of Homeland studies, the studies can be identified by at https://msc.fema.gov for comparison. Security, Federal Emergency Management the unique project number and Agency.

Community Community map repository address

Paulding County, Ohio and Incorporated Areas Project: 14–05–4448S Preliminary Date: October 16, 2020

Unincorporated Areas of Paulding County ...... Paulding County Commissioners Office, 115 North Williams Street, Paulding, OH 45879. Village of Antwerp ...... Village Hall, 118 North Main Street, Antwerp, OH 45813. Village of Cecil ...... Village Hall, 301 West 3rd Street, Cecil, OH 45821. Village of Grover Hill ...... Village Hall, 104 South Main Street, Grover Hill, OH 45849. Village of Haviland ...... Village Hall, 201 North Vine Street, Haviland, OH 45851. Village of Melrose ...... Council House, 705 State Street, Melrose, OH 45861. Village of Oakwood ...... Village Hall, 228 North 1st Street, Oakwood, OH 45873. Village of Paulding ...... Village Hall, 116 South Main Street, Paulding, OH 45879. Village of Payne ...... Village Hall, 119 North Main Street, Payne, OH 45880. Village of Scott ...... Paulding County Commissioners Office, 115 North Williams Street, Paulding, OH 45879.

[FR Doc. 2021–15871 Filed 7–23–21; 8:45 am] SW, Washington, DC 20472, (202) 646– ACTION: Notice. BILLING CODE 9110–12–P 7659, or (email) patrick.sacbibit@ fema.dhs.gov. SUMMARY: Comments are requested on proposed flood hazard determinations, FOR FURTHER INFORMATION CONTACT: Rick DEPARTMENT OF HOMELAND which may include additions or Sacbibit, Chief, Engineering Services SECURITY modifications of any Base Flood Branch, Federal Insurance and Elevation (BFE), base flood depth, Federal Emergency Management Mitigation Administration, FEMA, 400 Special Flood Hazard Area (SFHA) Agency C Street SW, Washington, DC 20472, boundary or zone designation, or (202) 646–7659, or (email) regulatory floodway on the Flood [Docket ID FEMA–2021–0002; Internal [email protected]. Agency Docket No. FEMA–B–2063] Insurance Rate Maps (FIRMs), and SUPPLEMENTARY INFORMATION: On where applicable, in the supporting Proposed Flood Hazard November 18, 2020, FEMA published a Flood Insurance Study (FIS) reports for Determinations for Bay County, Florida proposed notice at 85 FR 73502, the communities listed in the table and Incorporated Areas proposing flood hazard determinations below. The purpose of this notice is to for Bay County, Florida and seek general information and comment AGENCY: Federal Emergency Incorporated Areas. FEMA is regarding the preliminary FIRM, and Management Agency, Department of withdrawing the proposed notice. where applicable, the FIS report that the Homeland Security. Authority: 42 U.S.C. 4104; 44 CFR Federal Emergency Management Agency ACTION: Notice; withdrawal. 67.4. (FEMA) has provided to the affected communities. The FIRM and FIS report SUMMARY: The Federal Emergency Michael M. Grimm, are the basis of the floodplain Management Agency (FEMA) is Assistant Administrator for Risk management measures that the withdrawing its proposed notice Management, Department of Homeland community is required either to adopt concerning proposed flood hazard Security, Federal Emergency Management or to show evidence of having in effect determinations, which may include the Agency. in order to qualify or remain qualified addition or modification of any Base [FR Doc. 2021–15867 Filed 7–23–21; 8:45 am] for participation in the National Flood Flood Elevation, base flood depth, BILLING CODE 9110–12–P Insurance Program (NFIP). In addition, Special Flood Hazard Area boundary or the FIRM and FIS report, once effective, zone designation, or regulatory will be used by insurance agents and floodway (herein after referred to as DEPARTMENT OF HOMELAND others to calculate appropriate flood proposed flood hazard determinations) SECURITY insurance premium rates for new on the Flood Insurance Rate Maps and, Federal Emergency Management buildings and the contents of those where applicable, in the supporting Agency buildings. Flood Insurance Study reports for Bay County, Florida and Incorporated Areas. [Docket ID FEMA–2021–0002; Internal DATES: Comments are to be submitted DATES: This withdrawal is July 26, 2021. Agency Docket No. FEMA–B–2151] on or before October 25, 2021. ADDRESSES: You may submit comments, Proposed Flood Hazard ADDRESSES: The Preliminary FIRM, and identified by Docket No. FEMA–B– Determinations where applicable, the FIS report for 2063, to Rick Sacbibit, Chief, each community are available for Engineering Services Branch, Federal AGENCY: Federal Emergency inspection at both the online location Insurance and Mitigation Management Agency, Department of https://hazards.fema.gov/femaportal/ Administration, FEMA, 400 C Street Homeland Security. prelimdownload and the respective

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Community Map Repository address by 44 CFR 60.3, are the minimum that recommendations for resolution. Use of listed in the tables below. Additionally, are required. They should not be the SRP only may be exercised after the current effective FIRM and FIS construed to mean that the community FEMA and local communities have been report for each community are must change any existing ordinances engaged in a collaborative consultation accessible online through the FEMA that are more stringent in their process for at least 60 days without a Map Service Center at https:// floodplain management requirements. mutually acceptable resolution of an msc.fema.gov for comparison. The community may at any time enact appeal. Additional information You may submit comments, identified stricter requirements of its own or regarding the SRP process can be found by Docket No. FEMA–B–2151, to Rick pursuant to policies established by other online at https://www.floodsrp.org/pdfs/ Sacbibit, Chief, Engineering Services Federal, State, or regional entities. srp_overview.pdf. Branch, Federal Insurance and These flood hazard determinations are The watersheds and/or communities Mitigation Administration, FEMA, 400 used to meet the floodplain affected are listed in the tables below. C Street SW, Washington, DC 20472, management requirements of the NFIP The Preliminary FIRM, and where (202) 646–7659, or (email) and are used to calculate the applicable, FIS report for each [email protected]. appropriate flood insurance premium community are available for inspection FOR FURTHER INFORMATION CONTACT: Rick rates for new buildings built after the at both the online location https:// Sacbibit, Chief, Engineering Services FIRM and FIS report become effective. hazards.fema.gov/femaportal/ The communities affected by the Branch, Federal Insurance and prelimdownload and the respective flood hazard determinations are Mitigation Administration, FEMA, 400 Community Map Repository address provided in the tables below. Any C Street SW, Washington, DC 20472, listed in the tables. For communities request for reconsideration of the (202) 646–7659, or (email) with multiple ongoing Preliminary revised flood hazard information shown [email protected]; or visit studies, the studies can be identified by on the Preliminary FIRM and FIS report the FEMA Mapping and Insurance the unique project number and that satisfies the data requirements eXchange (FMIX) online at https:// Preliminary FIRM date listed in the outlined in 44 CFR 67.6(b) is considered www.floodmaps.fema.gov/fhm/fmx_ tables. Additionally, the current an appeal. Comments unrelated to the main.html. effective FIRM and FIS report for each flood hazard determinations also will be community are accessible online SUPPLEMENTARY INFORMATION: FEMA considered before the FIRM and FIS through the FEMA Map Service Center proposes to make flood hazard report become effective. at https://msc.fema.gov for comparison. determinations for each community Use of a Scientific Resolution Panel listed below, in accordance with section (SRP) is available to communities in (Catalog of Federal Domestic Assistance No. 110 of the Flood Disaster Protection Act support of the appeal resolution 97.022, ‘‘Flood Insurance.’’) of 1973, 42 U.S.C. 4104, and 44 CFR process. SRPs are independent panels of Michael M. Grimm, 67.4(a). experts in hydrology, hydraulics, and Assistant Administrator for Risk These proposed flood hazard other pertinent sciences established to Management, Department of Homeland determinations, together with the review conflicting scientific and Security, Federal Emergency Management floodplain management criteria required technical data and provide Agency.

Community Community map repository address

Warren County, Ohio and Incorporated Areas Project: 14–05–4202S Preliminary Date: February 3, 2021

City of Lebanon ...... Town Hall, 50 South Broadway, Lebanon, OH 45036. City of Mason ...... Municipal Center, 6000 Mason Montgomery Road, Mason, OH 45040. Unincorporated Areas of Warren County ...... Warren County Administration Building, 406 Justice Drive, Room 167, Lebanon, OH. Village of Corwin ...... Village of Corwin Administration Building, 6050 North Clarksville Road, Waynesville, OH 45068. Village of Maineville ...... Village of Maineville Administrative Offices, 8188 South State Route 48, Maineville, OH 45039. Village of Morrow ...... Municipal Building, 150 East Pike Street, Morrow, OH 45152. Village of South Lebanon ...... Municipal Building, 10 North High Street, South Lebanon, OH 45065. Village of Waynesville ...... Municipal Building, 1400 Lytle Road, Waynesville, OH 45068.

Brown County, Wisconsin and Incorporated Areas Project: 13–05–2177S Preliminary Date: November 18, 2020

City of De Pere ...... City Hall, 335 South Broadway, De Pere, WI 54115. City of Green Bay ...... City Hall, 100 North Jefferson Street, Green Bay, WI 54301. Village of Allouez ...... Brown County Planning, 305 East Walnut Street, Room 320, Green Bay, WI 54301. Village of Ashwaubenon ...... Village Hall, 2155 Holmgren Way, Ashwaubenon, WI 54304. Village of Howard ...... Village Hall, 2456 Glendale Avenue, Howard, WI 54313. Village of Suamico ...... Municipal Services Center, 12781 Velp Avenue, Suamico, WI 54313. Unincorporated Areas of Brown County ...... Brown County Planning, 305 East Walnut Street, Room 320, Green Bay, WI 54301.

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[FR Doc. 2021–15868 Filed 7–23–21; 8:45 am] Authority: 42 U.S.C. 4104; 44 CFR listed in the tables below. Additionally, BILLING CODE 9110–12–P 67.4. the current effective FIRM and FIS report for each community are Michael M. Grimm, accessible online through the FEMA DEPARTMENT OF HOMELAND Assistant Administrator for Risk Map Service Center at https:// Management, Department of Homeland SECURITY Security, Federal Emergency Management msc.fema.gov for comparison. Agency. You may submit comments, identified Federal Emergency Management by Docket No. FEMA–B–2152, to Rick [FR Doc. 2021–15873 Filed 7–23–21; 8:45 am] Agency Sacbibit, Chief, Engineering Services BILLING CODE 9110–12–P Branch, Federal Insurance and [Docket ID FEMA–2021–0002; Internal Mitigation Administration, FEMA, 400 Agency Docket No. FEMA–B–2062] DEPARTMENT OF HOMELAND C Street SW, Washington, DC 20472, SECURITY (202) 646–7659, or (email) Proposed Flood Hazard [email protected]. Determinations for Franklin County, Federal Emergency Management FOR FURTHER INFORMATION CONTACT: Rick Florida and Incorporated Areas Agency Sacbibit, Chief, Engineering Services Branch, Federal Insurance and [Docket ID FEMA–2021–0002; Internal AGENCY: Federal Emergency Agency Docket No. FEMA–B–2152] Mitigation Administration, FEMA, 400 Management Agency, Department of C Street SW, Washington, DC 20472, Homeland Security. Proposed Flood Hazard (202) 646–7659, or (email) Determinations [email protected]; or visit ACTION: Notice; withdrawal. the FEMA Mapping and Insurance AGENCY: Federal Emergency eXchange (FMIX) online at https:// SUMMARY: The Federal Emergency Management Agency, Department of www.floodmaps.fema.gov/fhm/fmx_ Management Agency (FEMA) is Homeland Security. main.html. withdrawing its proposed notice ACTION: Notice. SUPPLEMENTARY INFORMATION: FEMA concerning proposed flood hazard proposes to make flood hazard determinations, which may include the SUMMARY: Comments are requested on proposed flood hazard determinations, determinations for each community addition or modification of any Base listed below, in accordance with section Flood Elevation, base flood depth, which may include additions or modifications of any Base Flood 110 of the Flood Disaster Protection Act Special Flood Hazard Area boundary or Elevation (BFE), base flood depth, of 1973, 42 U.S.C. 4104, and 44 CFR zone designation, or regulatory Special Flood Hazard Area (SFHA) 67.4(a). floodway (herein after referred to as boundary or zone designation, or These proposed flood hazard proposed flood hazard determinations) regulatory floodway on the Flood determinations, together with the on the Flood Insurance Rate Maps and, Insurance Rate Maps (FIRMs), and floodplain management criteria required where applicable, in the supporting where applicable, in the supporting by 44 CFR 60.3, are the minimum that Flood Insurance Study reports for Flood Insurance Study (FIS) reports for are required. They should not be Franklin County, Florida and the communities listed in the table construed to mean that the community Incorporated Areas. below. The purpose of this notice is to must change any existing ordinances seek general information and comment that are more stringent in their DATES: This withdrawal is effective July floodplain management requirements. 26, 2021. regarding the preliminary FIRM, and where applicable, the FIS report that the The community may at any time enact ADDRESSES: You may submit comments, Federal Emergency Management Agency stricter requirements of its own or identified by Docket No. FEMA–B– (FEMA) has provided to the affected pursuant to policies established by other 2062, to Rick Sacbibit, Chief, communities. The FIRM and FIS report Federal, State, or regional entities. Engineering Services Branch, Federal are the basis of the floodplain These flood hazard determinations are Insurance and Mitigation management measures that the used to meet the floodplain Administration, FEMA, 400 C Street community is required either to adopt management requirements of the NFIP and are used to calculate the SW, Washington, DC 20472, (202) 646– or to show evidence of having in effect appropriate flood insurance premium 7659, or (email) patrick.sacbibit@ in order to qualify or remain qualified rates for new buildings built after the fema.dhs.gov. for participation in the National Flood Insurance Program (NFIP). In addition, FIRM and FIS report become effective. FOR FURTHER INFORMATION CONTACT: Rick the FIRM and FIS report, once effective, The communities affected by the Sacbibit, Chief, Engineering Services will be used by insurance agents and flood hazard determinations are Branch, Federal Insurance and others to calculate appropriate flood provided in the tables below. Any request for reconsideration of the Mitigation Administration, FEMA, 400 insurance premium rates for new revised flood hazard information shown C Street SW, Washington, DC 20472, buildings and the contents of those on the Preliminary FIRM and FIS report (202) 646–7659, or (email) buildings. that satisfies the data requirements [email protected]. DATES: Comments are to be submitted outlined in 44 CFR 67.6(b) is considered SUPPLEMENTARY INFORMATION: On on or before October 25, 2021. an appeal. Comments unrelated to the October 29, 2020, FEMA published a ADDRESSES: The Preliminary FIRM, and flood hazard determinations also will be proposed notice at 85 FR 68586, where applicable, the FIS report for considered before the FIRM and FIS proposing flood hazard determinations each community are available for report become effective. for Franklin County, Florida and inspection at both the online location Use of a Scientific Resolution Panel Incorporated Areas. FEMA is https://hazards.fema.gov/femaportal/ (SRP) is available to communities in withdrawing the proposed notice. prelimdownload and the respective support of the appeal resolution Community Map Repository address process. SRPs are independent panels of

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experts in hydrology, hydraulics, and The watersheds and/or communities tables. Additionally, the current other pertinent sciences established to affected are listed in the tables below. effective FIRM and FIS report for each review conflicting scientific and The Preliminary FIRM, and where community are accessible online technical data and provide applicable, FIS report for each through the FEMA Map Service Center recommendations for resolution. Use of community are available for inspection at https://msc.fema.gov for comparison. the SRP only may be exercised after at both the online location https:// FEMA and local communities have been hazards.fema.gov/femaportal/ (Catalog of Federal Domestic Assistance No. engaged in a collaborative consultation prelimdownload and the respective 97.022, ‘‘Flood Insurance.’’) process for at least 60 days without a Community Map Repository address Michael M. Grimm, mutually acceptable resolution of an listed in the tables. For communities Assistant Administrator for Risk appeal. Additional information with multiple ongoing Preliminary Management, Department of Homeland regarding the SRP process can be found studies, the studies can be identified by Security, Federal Emergency Management online at https://www.floodsrp.org/pdfs/ the unique project number and Agency. srp_overview.pdf. Preliminary FIRM date listed in the

Community Community map repository address

Escambia County, Florida and Incorporated Areas Project: 11–04–1993S Preliminary Date: January 27, 2017

City of Pensacola ...... Inspection Services, 222 West Main Street, Pensacola, FL 32502. Pensacola Beach-Santa Rosa Island Authority ...... Pensacola Beach-Santa Rosa Island Authority, 1 Via de Luna Drive, Pensacola Beach, FL 32561. Town of Century ...... Planning and Zoning, 7995 North Century Boulevard, Century, FL 32535. Unincorporated Areas of Escambia County ...... Escambia County Development Services Department, 3363 West Park Place, Pensacola, FL 32505.

Walton County, Georgia and Incorporated Areas Project: 18–04–0003S Preliminary Date: July 29, 2020

City of Good Hope ...... City Hall, 169 Highway 83, Good Hope, GA 30641. City of Monroe ...... City Hall, 215 North Broad Street, Monroe, GA 30655. City of Social Circle ...... City Hall, 166 North Cherokee Road, Social Circle, GA 30025. Unincorporated Areas of Walton County ...... Walton County Planning and Development Office, 303 South Ham- mond Drive, Suite 98, Monroe, GA 30655.

Hopewell City, Virginia (Independent City) Project: 16–03–2426S Preliminary Date: February 12, 2021

City of Hopewell ...... City Hall, 300 North Main Street, Hopewell, VA 23860.

[FR Doc. 2021–15870 Filed 7–23–21; 8:45 am] DATES: These exemptions take effect on Amazon Air because this action will BILLING CODE 9110–12–P July 26, 2021 and remain in effect until create operational and economic modified or rescinded by TSA through efficiencies for the airport operators and a notice published in the Federal Amazon Air, to the economic benefit of DEPARTMENT OF HOMELAND Register. the public and without detriment to SECURITY FOR FURTHER INFORMATION CONTACT: Eric security. The exemptions permit these Transportation Security Administration Byczynski, Airport Security Programs, airports to leverage significant private Aviation Division, Policy, Plans, and sector technologies with respect to Exemption for Exclusive Area Engagement; email to: eric.byczynski@ access control and monitoring systems Agreements at Certain Airports tsa.dhs.gov. that enhance security and minimize insider threat. The exemptions will also SUPPLEMENTARY INFORMATION: AGENCY: Transportation Security facilitate the rapid hiring of significant Administration, DHS. I. Purpose numbers of new personnel to support ACTION: Notice. TSA’s regulations provide that airport Amazon Air’s expanded presence at SUMMARY: TSA is providing notice of operators may enter into EAAs only these locations, aiding the economy in temporary exemptions the agency is with aircraft operators or foreign air the surrounding areas. Finally, the granting to three airport operators to carriers, subject to TSA approval of an exemptions will permit TSA to exercise permit them to enter into Exclusive amendment to each airport operator’s direct regulatory oversight of Amazon Area Agreements (EAA) with Amazon airport security program (ASP). See 49 Air concerning the security functions Air, a subsidiary of Amazon.com Inc. CFR 1542.111. Amazon Air is not an they will perform under the EAAs. All The exemption applies to the following aircraft operator or foreign air carrier, other provisions of 49 CFR 1542.111 airport operators: Cincinnati/Northern but conducts significant operations at will apply to any EAA executed under Kentucky International Airport (CVG), three airports on behalf of aircraft these exemptions. Baltimore/Washington International operators. Thurgood Marshall Airport (BWI), and TSA has determined it is in the public Chicago Rockford International Airport interest to authorize these airport (RFD). operators to enter into EAAs with

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II. Background EAAs are typically used when an entire these security responsibilities. Amazon airport terminal is serviced exclusively Air has also assumed security A. Airport Security by one aircraft operator. At locations responsibility for performing cargo TSA administers a comprehensive with EAAs, TSA conducts standard acceptance and chain of custody; cargo regulatory program to govern the compliance inspections, and may issue screening, buildup, and consolidation; security of aviation, including standards violations of the security standard set recordkeeping; cargo training; aircraft for domestic airports, domestic aircraft forth in the EAA against the aircraft searches; screening ‘‘jump seaters’’ 12 operators, and foreign air carriers. The operator or foreign air carrier that holds and their property; incident reporting; security requirements for domestic the EAA. comparing jump seaters and individuals airports are codified at 49 CFR part 1542 B. Entities Subject to the Exemptions who have access to aircraft and cargo and include minimum standards for against watchlists; and participation in access control procedures, identification These exemptions are limited to three table top exercises. (ID) media, passenger screening, airports–CVG, BWI, and RFD–and the Based on logistics and Amazon Air’s criminal history records checks (CHRCs) operations of Amazon Air at these current transportation network, these of airport workers, law enforcement locations. airports have become high capacity support, training, contingency plans, Amazon.com, Inc. is an American locations. As noted above, these TSA inspection authority, and incident multinational technology company increases are due, in part, to the COVID management. These regulations require based in Seattle, Washington engaged in pandemic, the public’s heightened airport operators to conduct specified e-commerce, cloud computing, digital reliance on online shopping for basic security measures in the secured area,1 streaming, artificial intelligence, and goods, and the Nation’s needs to move air operations area (AOA), and security cargo shipping. As of Spring 2021, identification display area (SIDA) of the Amazon reports that, less than 20 personal protective equipment and airport. Part 1542 requires airports to percent of Amazon’s cargo is shipped by related products quickly. Amazon Air develop and follow TSA-approved air. Due in part, however, to the COVID– estimates that these trends will not ASPs 2 that establish security 19 public health crisis and impact on significantly diminish when the public procedures specific to each airport, and the economy, cargo shipment has health crisis ends. Security Directives, which apply to all increased dramatically, with a To address the current and airports. corresponding relative increase in the anticipated demand, Amazon Air is TSA recognizes that, in certain total volume of air cargo. increasing use of its own employees for circumstances, these security measures Amazon’s subsidiary, Amazon Air, company services and operations, rather may be performed more effectively or maintains operations at various than contracting out for services. efficiently by another TSA-regulated domestic and international airports. Amazon Air already has employees in party, such as an aircraft operator or Amazon Air owns air cargo aircraft, but place at the three locations within the foreign air carrier, operating on the does not operate the aircraft itself and scope of this exemption and has airport. Therefore, under 49 CFR is not an aircraft operator for purposes represented to TSA that it intends to 1542.111, TSA may approve an of TSA’s regulations. Amazon Air leases hire significantly more employees over amendment to an airport’s ASP that the aircraft to certain aircraft operators the next 12 to 18 months. permits the airport operator to execute holding TSA full all-cargo security Hiring surges can occur at all airports a legally binding EAA with an aircraft programs.9 Amazon Air then acts as an throughout the year due to seasonal operator 3 or foreign air carrier.4 Under authorized representative for these full changes or construction. Most airports the EAA, the aircraft operator or foreign all-cargo aircraft operators 10 at certain can plan ahead for these surges to air carrier assumes responsibility from airports, including the three covered by ensure sufficient staffing in the airport the airport operator for specified ASP these Exemptions. badging offices to begin the vetting security measures in all or specified As an authorized representative 11 at process and issue ID media to new portions of the secured area, AOA, or these locations, Amazon Air performs employees. However, when a new or SIDA.5 TSA requires the EAA to be in security functions under TSA’s Full All- existing employer has a significant, writing, and signed by the airport Cargo Aircraft Operator Standard sudden increase in employees, all operator and the aircraft operator or Security Program on behalf of these airport vendors can be adversely foreign air carrier.6 TSA also prescribes aircraft operators, including the affected by the strain this places on the in detail the required contents of the responsibility for preventing access to airport badging system. It takes EAA, including a description of the both aircraft and the cargo bound for significant time to collect the biometric measures that become the responsibility those aircraft, and providing the Ground and biographic information needed to of the aircraft operator or foreign air Security Coordinator, the individual at initiate CHRCs and security threat 7 carrier. the facility responsible for coordinating assessments (STA), adjudicate CHRCs, EAAs are an established part of TSA’s and issue the ID media. regulatory structure for airport 9 See 49 CFR 1544.101(h) for scope of a full all- Amazon Air has represented to TSA operators, commonly used since 1978.8 cargo security program. 10 that it has the capability and capacity to Currently, there are more than 70 EAAs For purposes of this exemption, applicable full all-cargo aircraft operators include Atlas Air, Air assume certain security responsibilities in place with aircraft operators and Transport International, ABX, Inc., and Sun under the ASPs at these airports. These foreign air carriers at domestic airports. Country Airlines. security responsibilities include 11 An ‘‘authorized representative’’ is a person 1 49 CFR 1540.5 for definitions of terms used who performs TSA-required security measures as physical control of access points at the throughout this notice. an agent of a TSA-regulated party. Although the locations; adjudicating CHRCs for 2 49 CFR 1542.105(a). authorized representative may perform the disqualifying offenses and submitting 3 49 CFR part 1544. measures, the TSA-regulated party remains STAs for its employees; issuing ID responsible for completion, and TSA holds the 4 49 CFR part 1546. TSA-regulated party primarily accountable through 5 49 CFR 1542.111(a). enforcement action of any violations. TSA may also 12 The term ‘‘jump seater’’ refers to an off duty 6 49 CFR 1542.111(b). hold the authorized representative accountable if it commercial pilot who is permitted to travel by 7 49 CFR 1542.111(b)(1)–(3). causes the regulated party’s violation. See 49 CFR using the jumpseat in the cockpit of a commercial 8 Published at 43 FR 60792 (Dec. 28, 1978). 1540.105. aircraft operator.

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media; and conducting ID media will have direct oversight of Amazon Dated: July 19, 2021. accountability audits. Air’s security activities, rather than David P. Pekoske, TSA has determined that Amazon Air indirectly through an aircraft operator Administrator. possesses the latest, sophisticated access for which Amazon Air is an authorized [FR Doc. 2021–15902 Filed 7–22–21; 4:15 pm] control and monitoring systems that representative. Given the scale of BILLING CODE 9110–05–P enhance security by significantly Amazon Air’s commercial activities and restricting access to cargo and aircraft. physical infrastructure that must be Amazon Air is in the process of secured at these airports, TSA installing these systems at access points compliance oversight will be more DEPARTMENT OF HOUSING AND at these locations. As a subsidiary of a efficient and effective if conducted URBAN DEVELOPMENT profitable, private sector leader in directly over Amazon Air. technology, Amazon Air benefits from Therefore, TSA has determined that it [Docket No. FR–7034–N–43; OMB Control ample resources to purchase advanced No.: 2502–New] equipment as needed, without regard to is in the public interest to grant CVG, local government budget restrictions BWI, and RFD an exemption from the 30-Day Notice of Proposed Information that many airports face. This factor provision in 49 CFR 1542.111 that limits Collection: Housing Counseling provides a level of assurance that the the persons with whom an airport Agency Activity Report security capability will remain operator may execute an EAA to aircraft consistent and substantial. Amazon operators and foreign air carriers. Under AGENCY: Office of the Chief Information Air’s independent economic stability this exemption, CVG, BWI, and RFD, Officer, HUD. also provides a level of assurance that respectively, may enter into an EAA ACTION: Notice. it will be able to quickly obtain any with Amazon Air consistent with TSA necessary expertise it may need to carry EAA-requirements. These exemptions SUMMARY: HUD has submitted the out all of the EAA functions going apply only to these airports and their proposed information collection forward. respective EAAs with Amazon Air. requirement described below to the Office of Management and Budget III. Authority and Determination IV. Exemptions (OMB) for review, in accordance with TSA may grant an exemption from a the Paperwork Reduction Act. The regulation if TSA determines that the Applicability: These exemptions purpose of this notice is to allow for an exemption is in the public interest.13 apply to CVG, BWI, and RFD. additional 30 days of public comment. TSA finds this exemption to be in the Exemption: For the duration of each DATES: Comments Due Date: August 25, public interest for several reasons. First, exemption, CVG, BWI, and RFD, 2021. TSA has evaluated Amazon Air’s respectively, may apply for an ADDRESSES: Interested persons are security apparatus with respect to amendment to their airport security invited to submit comments regarding access control and monitoring, vetting program that permits the airport this proposal. Written comments and and ID media issuance, and cargo operator to enter into an EAA in recommendations for the proposed management and movement, and accordance with 49 CFR 1542.111 with information collection should be sent determined it to be modern, strong, and Amazon Air, notwithstanding that within 30 days of publication of this resilient. Second, Amazon Air’s Amazon Air is not a TSA-regulated notice to www.reginfo.gov/public/do/ significant personnel expansion at these aircraft operator or foreign air carrier. Start Printed Page 15501PRAMain. Find locations may strain the resources of The terms of the EAA replace the this particular information collection by airport operator and aircraft operator requirements in 49 CFR part 1542 so selecting ‘‘Currently under 30-day badging offices, adversely affecting long as Amazon Air complies with the Review—Open for Public Comments’’ or other airport vendors, and limiting new EAA. This amendment and the EAA by using the search function. hire capability. Amazon Air’s ability must require Amazon Air to comply FOR FURTHER INFORMATION CONTACT: under an EAA to initiate the employee with all relevant Security Directives and vetting functions that the airport Colette Pollard, Reports Management Emergency Amendments issued by Officer, QDAM, Department of Housing authorities would otherwise be required TSA. to conduct will more efficiently manage and Urban Development, 451 7th Street volume as needed. This factor should Duration: These exemptions take SW, Washington, DC 20410; email reap economic benefits for the effect on July 26, 2021. At CVG, BWI, Colette Pollard at Colette.Pollard@ surrounding areas in terms of and RFD, Amazon Air may begin hud.gov or telephone 202–402–3400. employment, and to other airport performing as an EAA-holder on the This is not a toll-free number. Persons vendors who will not be adversely date on which TSA approves an with hearing or speech impairments affected by a sudden increase in airport amendment to the respective airport may access this number through TTY by ID media issuance. Moreover, extending operator’s airport security program calling the toll-free Federal Relay the authorities under an EAA to implementing each executed EAA. Each Service at (800) 877–8339. Amazon Air at these locations is exemption will remain in effect while Copies of available documents consistent with Executive Order 13725 the airport operator’s TSA-approved submitted to OMB may be obtained of April 16, 2016 (Steps to Increase airport security program remains in from Ms. Pollard. Competition and Better Inform effect. TSA may direct revisions to the SUPPLEMENTARY INFORMATION: This Consumers and Workers to Support ASP amendment and EAA with regard notice informs the public that HUD has Continued Growth of the American to one or more of the covered airport submitted to OMB a request for Economy 14 to promote competition and operators, for security reasons under 49 approval of the information collection reduce regulatory restrictions where CFR 1542.105(b). TSA may rescind the described in Section A. The Federal possible. Finally, under the EAAs, TSA ASP amendment and EAA, and may Register notice that solicited public rescind or modify the exemption, with comment on the information collection 13 See 49 U.S.C. 114(q). regard to one or more of the covered for a period of 60 days was published 14 Published at 81 FR 23417 (April 20, 2016). airport operators, at any time. on May 19, 2021 at 86 FR 27100.

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A. Overview of Information Collection HUD encourages interested parties to described in Section A. The Federal Title of Information Collection: submit comment in response to these Register notice that solicited public Housing Counseling Agency Activity questions. comment on the information collection for a period of 60 days was published Report. C. Authority OMB Approval Number: 250–new. on May 7, 2021 at 87 FR 24654. Section 3507 of the Paperwork OMB Expiration Date: None. A. Overview of Information Collection Type of Request: New Collection. Reduction Act of 1995, 44 U.S.C. Form Number: HUD–9902, Housing Chapter 35. Title of Information Collection: Counseling Agency Activity Report. Manufactured Housing Dispute Colette Pollard, Resolution Program. Description of the need for the Department Reports Management Officer, information and proposed use: The OMB Approval Number: 2502–0562. Office of the Chief Information Officer. OMB Expiration Date: 08/31/2021. purpose of this information is to collect [FR Doc. 2021–15779 Filed 7–23–21; 8:45 am] Type of Request: Revision of a data related to performance and impact BILLING CODE 4210–67–P currently approved collection. on housing counseling performed by Form Numbers: HUD–310–DRSC; HUD-approved housing counseling HUD–311–DR. agencies. DEPARTMENT OF HOUSING AND Description of the need for the Information collected through the URBAN DEVELOPMENT information and proposed use: The state form HUD–9902 is critical as the data programs will file form HUD–310– provided allows HUD to demonstrate [Docket No. FR–7034–N–42; OMB Control No. 2502–0562] DRSC. HUD uses the information on program impact to Congress and the state certifications to determine whether Office of Management and Budget 30-Day Notice of Proposed Information the state programs comply with the (OMB). Additionally, the data collected Collection: Manufactured Housing minimum requirements set out in the on form HUD–9902 plays a key role in Dispute Resolution Program regulations. Homeowners and industry analyzing performance and capacity respondents will use form HUD–311– during the Office of Housing AGENCY: Office of the Chief Information DR. HUD uses the required information Counseling’s Notice of Funding Officer, HUD. for screening that a defect that is Availability (NOFA) process. ACTION: Notice. properly alleged and timely reported Respondents: Not-for-profit under the Federal manufactured SUMMARY: HUD has submitted the institutions; State, Local or Tribal housing dispute resolution program. Government. proposed information collection Respondents: Individuals and Estimated Number of Respondents: requirement described below to the households; State, Local or Tribal 1,714. Office of Management and Budget Government; Business or other for- Estimated Number of Responses: (OMB) for review, in accordance with profit. 1,714. the Paperwork Reduction Act. The Estimated Number of Respondents: Frequency of Response: Quarterly (in purpose of this notice is to allow for an 125. a calendar year). additional 30 days of public comment. Estimated Number of Responses: 125. Average Hours per Response: .75 DATES: Comments Due Date: August 25, Frequency of Response: HUD–310– hours. 2021. DRSC, one time for initial independent Total Estimated Burden: 2,566 hours. ADDRESSES: Interested persons are application by state, and then one time B. Solicitation of Public Comment invited to submit comments regarding every three years for certain states; this proposal. Written comments and HUD–311–DR, one time per alleged This notice is soliciting comments recommendations for the proposed defect. from members of the public and affected information collection should be sent Average Hours per Response: 1. parties concerning the collection of within 30 days of publication of this Total Estimated Burden: 125. information described in Section A on notice to www.reginfo.gov/public/do/ the following: B. Solicitation of Public Comment Start Printed Page 15501PRAMain. Find (1) Whether the proposed collection This notice is soliciting comments of information is necessary for the this particular information collection by selecting ‘‘Currently under 30-day from members of the public and affected proper performance of the functions of parties concerning the collection of the agency, including whether the Review—Open for Public Comments’’ or by using the search function. information described in Section A on information will have practical utility; the following: (2) The accuracy of the agency’s FOR FURTHER INFORMATION CONTACT: (1) Whether the proposed collection estimate of the burden of the proposed Colette Pollard, Reports Management of information is necessary for the collection of information; Officer, QDAM, Department of Housing proper performance of the functions of (3) Ways to enhance the quality, and Urban Development, 451 7th Street the agency, including whether the utility, and clarity of the information to SW, Washington, DC 20410; email information will have practical utility; be collected; and Colette Pollard at Colette.Pollard@ (2) The accuracy of the agency’s (4) Ways to minimize the burden of hud.gov or telephone 202–402–3400. estimate of the burden of the proposed the collection of information on those Persons with hearing or speech collection of information; who are to respond; including through impairments may access this number (3) Ways to enhance the quality, the use of appropriate automated through TTY by calling the toll-free utility, and clarity of the information to collection techniques or other forms of Federal Relay Service at (800) 877–8339. be collected; and information technology, e.g., permitting This is not a toll-free number. Copies of (4) Ways to minimize the burden of electronic submission of responses. available documents submitted to OMB the collection of information on those (5) Ways to minimize the burden of may be obtained from Ms. Pollard. who are to respond; including through the collection of information on those SUPPLEMENTARY INFORMATION: This the use of appropriate automated who are to respond, including the use notice informs the public that HUD has collection techniques or other forms of of automated collection techniques or submitted to OMB a request for information technology, e.g., permitting other forms of information technology. approval of the information collection electronic submission of responses.

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(5) Ways to minimize the burden of Copies of available documents the use of appropriate automated the collection of information on those submitted to OMB may be obtained collection techniques or other forms of who are to respond, including the use from Ms. Pollard. information technology, e.g., permitting of automated collection techniques or SUPPLEMENTARY INFORMATION: This electronic submission of responses. other forms of information technology. notice informs the public that HUD has (5) Ways to minimize the burden of HUD encourages interested parties to submitted to OMB a request for the collection of information on those submit comment in response to these approval of the information collection who are to respond, including the use questions. described in Section A. The Federal of automated collection techniques or other forms of information technology. C. Authority Register notice that solicited public comment on the information collection HUD encourages interested parties to Section 3507 of the Paperwork for a period of 60 days was published submit comment in response to these Reduction Act of 1995, 44 U.S.C. on May 11, 2021, at 86 FR 25881. questions. Chapter 35. A. Overview of Information Collection C. Authority Colette Pollard, Title of Information Collection: Section 3507 of the Paperwork Department Reports Management Officer, Reduction Act of 1995, 44 U.S.C. Office of the Chief Information Officer. Multifamily Insurance Benefits Claims Package. Chapter 35. [FR Doc. 2021–15774 Filed 7–23–21; 8:45 am] OMB Approval Number: 2502–0418. Colette Pollard, BILLING CODE 4210–67–P OMB Expiration Date: 06/30/2021. Department Reports Management Officer, Type of Request: Revision of a Office of the Chief Information Officer. currently approved collection. DEPARTMENT OF HOUSING AND Form Numbers: HUD–2741; HUD– [FR Doc. 2021–15782 Filed 7–23–21; 8:45 am] URBAN DEVELOPMENT 2742; HUD–2744–A; HUD–2744–B; BILLING CODE 4210–67–P HUD–2744–C; HUD–2744–D; HUD– [Docket No. FR–7034–N–40; OMB Control 2744–E; HUD–434; HUD–1044–D. No.: 2502–0418] DEPARTMENT OF HOUSING AND Description of the need for the URBAN DEVELOPMENT 30-Day Notice of Proposed Information information and proposed use: A lender Collection: Multifamily Insurance with an insured multifamily mortgage [Docket No. FR–7034–N–41; OMB Control No.: 2502–0615] Benefits Claims Package pays an annual insurance premium to the Department. When and if the AGENCY: Office of the Chief Information mortgage goes into default, the lender 30-Day Notice of Proposed Information Officer, HUD. may elect to file a claim for FHA Collection: Survey To Assess Operational and Capacity Status of ACTION: Notice. Multifamily insurance benefits with the Department. HUD needs this Housing Counseling Agencies Due to SUMMARY: HUD has submitted the information to determine if FHA Disaster/National Emergency proposed information collection multifamily insurance claims submitted AGENCY: Office of the Chief Information requirement described below to the to HUD are accurate, valid and support Officer, HUD. Office of Management and Budget payment of an FHA multifamily ACTION: Notice. (OMB) for review, in accordance with insurance claim. the Paperwork Reduction Act. The Respondents: Business or other for- SUMMARY: HUD has submitted the purpose of this notice is to allow for an profit; State, Local, or Tribal proposed information collection additional 30 days of public comment. Government. requirement described below to the DATES: Comments Due Date: August 25, Estimated Number of Respondents: Office of Management and Budget 2021. 110. (OMB) for review, in accordance with ADDRESSES: Interested persons are Estimated Number of Responses: 110. the Paperwork Reduction Act. The invited to submit comments regarding Frequency of Response: Occasion. purpose of this notice is to allow for an Average Hours per Response: 6.25 this proposal. Written comments and additional 30 days of public comment. Total Estimated Burden: 688 hours. recommendations for the proposed DATES: Comments Due Date: August 25, information collection should be sent B. Solicitation of Public Comment 2021. within 30 days of publication of this This notice is soliciting comments ADDRESSES: Interested persons are notice to www.reginfo.gov/public/do/ from members of the public and affected invited to submit comments regarding Start Printed Page 15501PRAMain. Find parties concerning the collection of this proposal. Written comments and this particular information collection by information described in Section A on recommendations for the proposed selecting ‘‘Currently under 30-day the following: information collection should be sent Review—Open for Public Comments’’ or (1) Whether the proposed collection within 30 days of publication of this by using the search function. of information is necessary for the notice to www.reginfo.gov/public/do/ FOR FURTHER INFORMATION CONTACT: proper performance of the functions of Start Printed Page 15501PRAMain.Find Colette Pollard, Reports Management the agency, including whether the this particular information collection by Officer, QDAM, Department of Housing information will have practical utility; selecting ‘‘Currently under 30-day and Urban Development, 451 7th Street (2) The accuracy of the agency’s Review—Open for Public Comments’’ or SW, Washington, DC 20410; email estimate of the burden of the proposed by using the search function. Colette Pollard at Colette.Pollard@ collection of information; FOR FURTHER INFORMATION CONTACT: hud.gov or telephone 202–402–3400. (3) Ways to enhance the quality, Colette Pollard, Reports Management This is not a toll-free number. Persons utility, and clarity of the information to Officer, QDAM, Department of Housing with hearing or speech impairments be collected; and and Urban Development, 451 7th Street may access this number through TTY by (4) Ways to minimize the burden of SW, Washington, DC 20410; email calling the toll-free Federal Relay the collection of information on those Colette Pollard at Colette.Pollard@ Service at (800) 877–8339. who are to respond; including through hud.gov or telephone 202–402–3400.

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This is not a toll-free number. Persons proper performance of the functions of Washington, DC 20436, telephone (202) with hearing or speech impairments the agency, including whether the 708–4716. Copies of non-confidential may access this number through TTY by information will have practical utility; documents filed in connection with this calling the toll-free Federal Relay (2) The accuracy of the agency’s investigation may be viewed on the Service at (800) 877–8339. estimate of the burden of the proposed Commission’s electronic docket (EDIS) Copies of available documents collection of information; at https://edis.usitc.gov. For help submitted to OMB may be obtained (3) Ways to enhance the quality, accessing EDIS, please email from Ms. Pollard. utility, and clarity of the information to [email protected]. General SUPPLEMENTARY INFORMATION: This be collected; and information concerning the Commission notice informs the public that HUD has (4) Ways to minimize the burden of may also be obtained by accessing its submitted to OMB a request for the collection of information on those internet server at https://www.usitc.gov. approval of the information collection who are to respond; including through Hearing-impaired persons are advised described in Section A. The Federal the use of appropriate automated that information on this matter can be Register notice that solicited public collection techniques or other forms of obtained by contacting the comment on the information collection information technology, e.g., permitting Commission’s TDD terminal on (202) for a period of 60 days was published electronic submission of responses. 205–1810. on May 10, 2021, at 88, FR 24880. (5) ways to minimize the burden of SUPPLEMENTARY INFORMATION: On the collection of information on those A. Overview of Information Collection November 27, 2019, the Commission who are to respond, including the use instituted this investigation under Title of Information Collection: of automated collection techniques or section 337 of the Tariff Act of 1930, as Survey to Assess Operational Status and other forms of information technology. amended, 19 U.S.C. 1337 (‘‘section Capacity of Housing Counseling HUD encourages interested parties to 337’’), based on a complaint filed by Agencies Due to a Disaster/National submit comment in response to these EcoFactor, Inc. of Palo Alto, California Emergency. questions. (‘‘EcoFactor’’). See 84 FR 65421–22 OMB Approval Number: 2502–0615. C. Authority (Nov. 27, 2019). The complaint alleges OMB Expiration Date: May 31, 2021. Section 3507 of the Paperwork a violation of section 337 based upon Type of Request: Revision of a the importation into the United States, currently approved collection. Reduction Act of 1995, 44 U.S.C. Chapter 35. the sale for importation, and the sale Form Number: None. within the United States after Description of the need for the Colette Pollard, importation of certain smart information and proposed use: The thermostats, smart HVAC systems, and Disaster/National Emergency Survey Department Reports Management Officer, Office of the Chief Information Officer. components thereof by reason of will assess the operational and capacity [FR Doc. 2021–15773 Filed 7–23–21; 8:45 am] infringement of certain claims of U.S. status of Housing Counseling Agencies Patent Nos. 8,131,497 (‘‘the ’497 impacted by COVID–19 and other BILLING CODE 4210–67–P patent’’); 8,423,322 (‘‘the ’322 patent’’); disasters and national emergencies. This 8,498,753 (‘‘the ’753 patent’’); and Survey is necessary to assess the impact 10,018,371 (‘‘the ’371 patent’’). See id. of the disasters and national INTERNATIONAL TRADE The notice of investigation names the emergencies on the operation of HUD- COMMISSION following respondents: Daikin approved housing counseling agencies. [Investigation No. 337–TA–1185] Industries, Ltd. of Osaka, Japan; Daikin This survey will more accurately assess America, Inc. of Orangeburg, New York; the current operating status and Certain Smart Thermostats, Smart and Daikin North America LLC of capacity of housing counseling agencies HVAC Systems, and Components Houston, Texas (collectively, ‘‘the impacted by disasters or national Thereof; Commission Determination Daikin Respondents’’); Schneider emergencies. The information collected To Review in Part a Final Initial Electric USA, Inc. of Andover, will be used to identify the needs of the Determination Finding No Violation of Massachusetts and Schneider Electric housing counseling agency and to Section 337 and, on Review, To Affirm SE of Rueil-Malmaison, France inform OHC about the types of support the Finding of No Violation; (collectively, ‘‘the Schneider that would be the most responsive to the Termination of the Investigation Respondents’’); ecobee Ltd. and ecobee, needs of agencies and their clients. AGENCY: Inc., both of Toronto, Canada Respondents: Not-for-profit U.S. International Trade (collectively, ‘‘ecobee’’); Google LLC of institutions; Local, State, or Tribal Commission. Mountain View, California; Alarm.com Government. ACTION: Notice. Estimated Number of Respondents: Incorporated and Alarm.com Holdings, SUMMARY: Notice is hereby given that 1,614. Inc. of Tysons, Virginia (collectively, the U.S. International Trade Estimated Number of Responses: ‘‘Alarm.com’’); and Vivint, Inc. of Provo, Commission has determined to review 1,614. Utah (‘‘Vivint’’). The Office of Unfair Frequency of Response: 1. in part a final initial determination Import Investigations (‘‘OUII’’) is also a Average Hours per Response: 1. (‘‘ID’’) issued by the presiding party to the investigation. Total Estimated Burden: 1,614. administrative law judge (‘‘ALJ’’) on On June 11, 2020, the ALJ issued an April 20, 2021, finding no violation of ID (Order No. 10) granting a joint B. Solicitation of Public Comment section 337 in the above-referenced motion to partially terminate the This notice is soliciting comments investigation and, on review, to affirm investigation as to the Daikin from members of the public and affected the finding of no violation. Respondents based on settlement. See parties concerning the collection of The investigation is terminated. Order No. 10 (June 11, 2020), information described in Section A on FOR FURTHER INFORMATION CONTACT: unreviewed by Comm’n Notice (July 1, the following: Michael Liberman, Esq., Office of the 2020). On August 10, 2020, the ALJ (1) Whether the proposed collection General Counsel, U.S. International issued an ID (Order No. 15) granting a of information is necessary for the Trade Commission, 500 E Street SW, joint motion to terminate the

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investigation in part as to the Schneider enablement under 35 U.S.C. 112, ¶ 1. The Commission vote for this Respondents based on settlement. See The ID also finds that the asserted determination took place on July 20, Order No. 15 (Aug. 10, 2020), claims of the ’322 patent have not been 2021. unreviewed by Comm’n Notice (Aug. 31, shown to be invalid for indefiniteness The authority for the Commission’s 2020). On November 27, 2020, the ALJ under 35 U.S.C. 112, ¶ 2. The ID finds, determination is contained in section issued an ID (Order No. 27) granting an however, that claim 1 has been shown 337 of the Tariff Act of 1930, as unopposed motion for partial to be invalid as anticipated under 35 termination of the investigation as to the U.S.C. 102, but that claims 2 and 5 have amended (19 U.S.C. 1337), and in part asserted claims of the ’753 patent; the been shown to be invalid as obvious 210 of the Commission’s Rules of asserted claims of the ’322 patent and under 35 U.S.C. 103. Practice and Procedure (19 CFR part the ’371 patent as to ecobee; and the With respect to the ’371 patent, the ID 210). asserted claims of the ’497 patent as to finds that asserted claim 9 has not been By order of the Commission. Alarm.com. See Order No. 27, shown to be patent ineligible under 35 Issued: July 20, 2021. unreviewed by Comm’n Notice (Dec. 15, U.S.C. 101, and has not been shown to Lisa Barton, 2021). be invalid under 35 U.S.C. 102 or 103. On April 20, 2021, the ALJ issued the On May 3, 2021, EcoFactor filed a Secretary to the Commission. final ID in this investigation, holding petition for review of various portions of [FR Doc. 2021–15857 Filed 7–23–21; 8:45 am] that no violation of section 337 has the ID, and respondent Google filed a BILLING CODE 7020–02–P occurred in the importation into the contingent review for certain aspects of United States, the sale for importation, the ID. On May 4, 2021, respondent or the sale within the United States after ecobee filed a contingent petition for importation, of certain smart review of certain aspect of the ID. DEPARTMENT OF JUSTICE thermostats, smart HVAC systems, and On May 11, 2021, complainant components thereof, with respect to EcoFactor filed a response to Antitrust Division asserted claims 1, 2, and 5 of patent Respondents’ petitions for review. Also ’497, asserted claims 1, 2, and 5 of on May 11, 2021, respondents ecobee, Notice Pursuant to the National patent ’322, and asserted claim 9 of Vivint, and Google each filed their Cooperative Research and Production patent ’371. respective responses. On May 12, 2021, Act of 1993—Open RF Association, Concerning infringement, the ID finds OUII filed a response to the private Inc. that respondent Google indirectly parties’ petitions. infringes all of the asserted claims. Having examined the record in this Notice is hereby given that, on May Specifically, the ID finds that Google investigation, including the final ID, the 25, 2021 pursuant to Section 6(a) of the induces infringement of all of the petitions for review, and the responses National Cooperative Research and asserted claims and contributorily thereto, the Commission has determined Production Act of 1993, 15 U.S.C. 4301 infringes the asserted claims of the ’497 to review in part the ID: (1) To review et seq. (‘‘the Act’’), Open RF and ’371 patents. The ID finds that the language supporting the ID’s Association, Inc. filed written determination that EcoFactor failed to EcoFactor has not shown that notifications simultaneously with the satisfy the economic prong of the respondents ecobee, Vivint and Attorney General and the Federal Trade Alarm.com infringe any of the asserted domestic industry requirement under Commission disclosing changes in its claims of the asserted patents. subparagraphs (A) and (B), and on Regarding the domestic industry review to strike the last paragraph on membership. The notifications were requirement, the ID finds that EcoFactor page 560 (see ID at 560–561); (2) to filed for the purpose of invoking the has not satisfied the technical or review the ID’s findings regarding Act’s provisions limiting the recovery of economic prongs of the domestic induced and contributory infringement, antitrust plaintiffs to actual damages industry requirement with respect to and on review to additionally provide under specified circumstances. any of the asserted patents. the requisite findings that Google was Specifically, MixComm Inc., Chatham, Concerning validity, with respect to willfully blind with respect to the NJ; and TMY Technology Inc., New the ’497 patent, the ID finds that asserted patents and thus possessed the Taipei City, TAIWAN have been added asserted claims 1, 2, and 5 have not requisite knowledge that its products as parties to this venture. been shown to be patent ineligible infringe those patents (with the No other changes have been made in under 35 U.S.C. 101, and have not been exception of contributory infringement either the membership or planned shown to be invalid as anticipated or of the ’322 patent) (see ID at 404–405, activity of the group research project. obvious under 35 U.S.C. 102 or 103, 408–409); and (3) to review the ID’s Membership in this group research respectively. The ID further finds that conclusions of fact and law Nos. 14 and project remains open, and Open RF the asserted claims of the ’497 patent 22 on page 576, and on review to correct Association, Inc. intends to file have not been shown to be invalid for clerical errors so that each of them reads additional written notifications indefiniteness under 35 U.S.C. 112, ¶ 2. as follows: ‘‘Respondents have shown, disclosing all changes in membership. The ID finds, however, that the asserted through clear and convincing evidence, claims of the ’497 patent have been that the asserted claims are invalid On February 21, 2020, Open RF shown to be invalid for lack of written under 35 U.S.C. 112, ¶ 1, and have not Association, Inc. filed its original description and enablement under 35 shown, through clear and convincing notification pursuant to Section 6(a) of U.S.C. 112, ¶ 1. evidence, that the asserted claims are the Act. The Department of Justice As to the ’322 patent, the ID finds that invalid under 35 U.S.C. 112, ¶ 2.’’ published a notice in the Federal asserted claims 1, 2, and 5 have not The Commission has determined not Register pursuant to Section 6(b) of the been shown to be patent ineligible to review the remainder of the ID, Act on March 11, 2020 (85 FR 14247). under 35 U.S.C. 101. The ID further including the ID’s finding of no The last notification was filed with finds that the asserted claims of the ’322 violation of section 337 in this patent have been shown to be invalid investigation. the Department on March 11, 2021. A for lack of written description and The investigation is terminated. notice was published in the Federal

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Register pursuant to Section 6(b) of the DEPARTMENT OF JUSTICE provisions limiting the recovery of Act on April 8, 2021 (86 FR 18300). antitrust plaintiffs to actual damages Antitrust Division under specified circumstances. Suzanne Morris, Specifically, ASTM has provided an Chief, Premerger and Division Statistics, Notice Pursuant to the National updated list of current, ongoing ASTM Antitrust Division. Cooperative Research and Production activities originating between February [FR Doc. 2021–15817 Filed 7–23–21; 8:45 am] Act of 1993—The Institute of Electrical 17, 2021 and May 24, 2021 designated and Electronics Engineers, Inc. BILLING CODE 4410–11–P as Work Items. A complete listing of Notice is hereby given that, on May ASTM Work Items, along with a brief 25, 2021, pursuant to Section 6(a) of the description of each, is available at DEPARTMENT OF JUSTICE National Cooperative Research and http://www.astm.org. Production Act of 1993, 15 U.S.C. 4301 On September 15, 2004, ASTM filed Antitrust Division et seq. (‘‘the Act’’), The Institute of its original notification pursuant to Electrical and Electronics Engineers, Section 6(a) of the Act. The Department Notice Pursuant to the National Inc. (‘‘IEEE’’) has filed written of Justice published a notice in the Cooperative Research and Production notifications simultaneously with the Federal Register pursuant to Section Act of 1993—Electrified Vehicle and Attorney General and the Federal Trade 6(b) of the Act on November 10, 2004 Energy Storage Evaluation Commission disclosing additions or (69 FR 65226). The last notification with changes to its standards development the Department was filed on February Notice is hereby given that, on June activities. The notifications were filed 22, 2021. A notice was filed in the 16, 2021, pursuant to Section 6(a) of the for the purpose of extending the Act’s Federal Register on April 8, 2021 (86 FR National Cooperative Research and provisions limiting the recovery of 18327). Production Act of 1993, 15 U.S.C. 4301 antitrust plaintiffs to actual damages Suzanne Morris, et seq. (‘‘the Act’’), Electrified Vehicle under specified circumstances. Chief, Premerger and Division Statistics, and Energy Storage Evaluation Specifically, 17 new standards have Antitrust Division. (‘‘EVESE’’) has filed written been initiated and 2 existing standards [FR Doc. 2021–15816 Filed 7–23–21; 8:45 am] notifications simultaneously with the are being revised. More detail regarding BILLING CODE 4410–11–P Attorney General and the Federal Trade these changes can be found at: https:// Commission disclosing changes in its standards.ieee.org/about/sasb/sba/ membership. The notifications were may2021.html. DEPARTMENT OF JUSTICE filed for the purpose of extending the On September 17, 2004, IEEE filed its Act’s provisions limiting the recovery of original notification pursuant to Section Antitrust Division antitrust plaintiffs to actual damages 6(a) of the Act. The Department of Justice published a notice in the Federal Notice Pursuant to the National under specified circumstances. Register pursuant to Section 6(b) of the Cooperative Research and Production Specifically, The Dow Chemical Act on November 3, 2004 (69 FR 64105). Act of 1993—CHEDE–8 Company, Midland, MI, has been added The last notification was filed with as a party to this venture. In addition, the Department on April 5, 2021. A Notice is hereby given that, on June 2, AMTE Power, Ltd., Caithess, UK, has notice was published in the Federal 2021, pursuant to Section 6(a) of the withdrawn as a party to this venture. Register pursuant to Section 6(b) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 No other changes have been made in Act on May 11, 2021 (86 FR 25887). et seq. (‘‘the Act’’), CHEDE–8 (‘‘CHEDE– either the membership or planned Suzanne Morris, 8’’) has filed written notifications activity of the group research project. Chief, Premerger and Division Statistics, simultaneously with the Attorney Membership in this group research Antitrust Division. General and the Federal Trade project remains open, and EVESE [FR Doc. 2021–15815 Filed 7–23–21; 8:45 am] Commission disclosing changes in its intends to file additional written BILLING CODE 4410–11–P membership. The notifications were notifications disclosing all changes in filed for the purpose of extending the membership. Act’s provisions limiting the recovery of On September 24, 2020, EVESE filed DEPARTMENT OF JUSTICE antitrust plaintiffs to actual damages under specified circumstances. its original notification pursuant to Antitrust Division Section 6(a) of the Act. The Department Specifically, Dongfeng Commercial of Justice published a notice in the Notice Pursuant to the National Vehicle Co., LTM, Hubei, CHINA, has Federal Register pursuant to Section Cooperative Research and Production been added as a party to this venture. 6(b) of the Act on October 15, 2020 (85 Act of 1993—ASTM International No other changes have been made in FR 65423). Standards either the membership or planned activity of the group research project. The last notification was filed with Notice is hereby given that on May 27, Membership in this group research the Department on February 10, 2021. A 2021 pursuant to Section 6(a) of the project remains open, and CHEDE–8 notice was published in the Federal National Cooperative Research and intends to file additional written Register pursuant to section 6(b) of the Production Act of 1993, 15 U.S.C. 4301 notifications disclosing all changes in Act on March 10, 2021 (86 FR 13750). et seq. (‘‘the Act’’), ASTM International membership. (‘‘ASTM’’) has filed written notifications On December 4, 2019, CHEDE–8 filed Suzanne Morris, simultaneously with the Attorney its original notification pursuant to Chief, Premerger and Division Statistics, General and the Federal Trade Section 6(a) of the Act. The Department Antitrust Division. Commission disclosing additions or of Justice published a notice in the [FR Doc. 2021–15818 Filed 7–23–21; 8:45 am] changes to its standards development Federal Register pursuant to Section BILLING CODE P activities. The notifications were filed 6(b) of the Act on December 30, 2019 for the purpose of extending the Act’s (84 FR 71977).

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The last notification was filed with Register pursuant to Section 6(b) of the determine whether the candidate was the Department on January 6, 2021. A Act on April 8, 2021 (86 FR 18299). sufficiently financially independent from (i.e., not so directly related to) DOL notice was published in the Federal Suzanne Morris, Register pursuant to Section 6(b) of the programs making grants or contract Chief, Premerger and Division Statistics, Act on January 19, 2021 (86 FR 5251). disbursements. These requirements Antitrust Division. were imposed in addition to the Suzanne Morris, [FR Doc. 2021–15821 Filed 7–23–21; 8:45 am] rigorous candidate background checks Chief, Premerger and Division Statistics, BILLING CODE 4410–11–P agencies perform routinely per DOL Antitrust Division. policy, although there had been no [FR Doc. 2021–15820 Filed 7–23–21; 8:45 am] demonstrated necessity for the BILLING CODE P DEPARTMENT OF LABOR additional attestations or separate analyses Secretary’s Order 10–2020 Secretary’s Order 02–2021—To requires. Furthermore, Secretary’s Order Withdraw Secretary’s Order 10–2020, DEPARTMENT OF JUSTICE 10–2020 does not apply to all DOL Statement of Policy Regarding advisory committee members as it Antitrust Division Independence of Advisory Committee provides for specific and qualified Members exceptions, and allows agencies to make Notice Pursuant to the National 1. Purpose. To withdraw Secretary’s case-by-case, independent Cooperative Research and Production Order 10–2020, Statement of Policy determinations as to whether a Act of 1993—Advanced Media Regarding Independence of Advisory candidate is sufficiently financially Workflow Association, Inc. Committee Members. independent if a candidate is unable to 2. Authorities and Directives Affected. self-certify, rendering its application Notice is hereby given that, on June A. Authorities. This Order is issued inconsistent and arbitrary. As such, 25, 2021, pursuant to Section 6(a) of the pursuant to the following authorities: Secretary’s Order 10–2020 has created National Cooperative Research and 1. 29 U.S.C. 551 et seq.; superfluous procedures with no Production Act of 1993, 15 U.S.C. 4301 2. 5 U.S.C. 301–02; and demonstrated value justifying the et seq. (‘‘the Act’’), Advanced Media 3. 5 U.S.C. app. 2, 1–15. additional administrative burden. While Workflow Association, Inc. has filed B. Directives Affected. Secretary’s the Department has a strong interest in written notifications simultaneously Order 10–2020 is hereby withdrawn. obtaining expert advice from its with the Attorney General and the 3. Definitions. ‘‘Committee’’ refers to Committees, the Department has Federal Trade Commission disclosing any advisory committee, committee, determined these new procedures on balance to be unnecessary. Accordingly, changes in its membership. The board, task force, or working group to this Order rescinds Secretary’s Order notifications were filed for the purpose which the Secretary or the Secretary’s 10–2020. Appointments previously of extending the Act’s provisions designee appoints individuals subject to made under Secretary’s Order 10–2020 limiting the recovery of antitrust the Federal Advisory Committee Act and their subcommittees. This Order are unaffected by this Order. plaintiffs to actual damages under 5. Responsibilities. specified circumstances. Specifically, does not apply to internal committees, A. The Deputy Secretary is Christie Digital Systems, Phoenix, AZ; boards, task forces, or working groups, responsible for issuing written Cobalt Digital Inc., Champaign, IL; and or to purely interagency committees, guidance, as necessary, to implement Pedro Ferreira (individual member), boards, task forces, or working groups. this Order. Lavra, PORTUGAL, have been added as 4. Background. The stated purpose of B. The Committee Management parties to this venture. Secretary’s Order 10–2020 was to Officer, as required by § 8(b) of the strengthen the quality and reliability of Also, Beijing Gefei Tech Co., Ltd., Federal Advisory Committee Act, is advice provided by advisory committees responsible for coordinating all Federal Beijing, PEOPLE’S REPUBLIC OF to the Department of Labor (DOL), by Advisory Committee activities with CHINA, has withdrawn as a party to this identifying factors to be used in DOL agencies. venture. selecting committee members that will C. The Assistant Secretary for No other changes have been made in increase transparency in the Administration and Management, in either the membership or planned disbursement of taxpayer dollars, consultation with the Deputy Secretary, activity of the group research project. enhance public confidence in advisory Solicitor of Labor, and the Committee Membership in this group research committees, and promote efficiency in Management Officer, is responsible for project remains open, and Advanced the selection of candidates to serve on maintaining internal Department Media Workflow Association, Inc. advisory committees. The formation of guidance related to the selection and intends to file additional written Committees and the selection of their appointment of members to Committees. membership are governed in detail by notifications disclosing all changes in D. The Solicitor of Labor is the Department of Labor Manual Series. membership. responsible for providing legal advice to Secretary’s Order 10–2020 established the Department on all matters arising in On March 28, 2000, Advanced Media new, additional procedures for the the implementation and administration Workflow Association, Inc. filed its evaluation of Committee members by of this Order. original notification pursuant to Section requiring additional consideration of a 7. Privacy. This Order is subject to the 6(a) of the Act. The Department of candidate’s financial interests in DOL applicable laws, regulations, and Justice published a notice in the Federal grants and contracts, and requiring procedures concerning the privacy of Register pursuant to Section 6(b) of the agencies to collect a candidate applicants to Committees. Act on June 29, 2000 (65 FR 40127). attestation, the Individual’s Self- 8. Controlling Law; Administrative The last notification was filed with Certification of Financial Independence, Matters. The requirements of this Order the Department on March 24, 2021. A from nominees. If the candidate was are intended to be general in nature, and unable to self-certify, the agency head accordingly will be construed and notice was published in the Federal could review the circumstances to implemented consistent with more

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specific requirements of any statute, FOR FURTHER INFORMATION CONTACT: harmful exhaust emissions such as Executive Order, or other law governing Jessica D. Senk, Office of Standards, carbon monoxide, and would therefore the composition of a particular Regulations, and Variances at 202–693– create a health risk to locomotive Committee. If a conflict arises, the 9440 (voice), [email protected] operators and miners in the affected specific statute, Executive Order, or (email), or 202–693–9441 (facsimile). area. other law will govern. [These are not toll-free numbers.] The petitioner proposes the following 9. Redelegation of Authority. Except SUPPLEMENTARY INFORMATION: Section alternative method: as otherwise provided by law, all 101(c) of the Federal Mine Safety and (a) The Brookville diesel motor has authorities delegated in this Order may Health Act of 1977 and Title 30 of the been equipped with a fuel tank be redelegated to serve the purposes of Code of Federal Regulations (CFR) part constructed of 1⁄4 inch steel plates that this Order. 44 govern the application, processing, is designed to serve as both the motor’s 10. Effective Date. This Order is and disposition of petitions for fuel tank and fuel dispensing tank. The effective immediately. modification. tank is equipped with a pump that can only dispense 50 percent of the tank’s Signed in Washington, DC, this 16th day of I. Background July, 2021. capacity, in order to ensure that the Martin J. Walsh, Section 101(c) of the Federal Mine motor’s fuel supply cannot be Secretary of Labor. Safety and Health Act of 1977 (Mine completely depleted. Act) allows the mine operator or (b) During the fueling process, the [FR Doc. 2021–15826 Filed 7–23–21; 8:45 am] representative of miners to file a motor’s engine will be shut off, which BILLING CODE P petition to modify the application of any eliminates unnecessary idling. The 8- mandatory safety standard to a coal or gallons per minute fuel dispensing DEPARTMENT OF LABOR other mine if the Secretary of Labor pump will operate utilizing a separate determines that: battery power source that has been Mine Safety and Health Administration 1. An alternative method of achieving added to the motor. the result of such standard exists which (c) The fuel dispensing hose is a 50- Petition for Modification of Application will at all times guarantee no less than foot hose with a no latch open device of an Existing Mandatory Safety the same measure of protection afforded and a self-closing valve. A power supply Standard the miners of such mine by such switch is located at the pump’s nozzle standard; or storage bracket, and an emergency shut- AGENCY: Mine Safety and Health 2. The application of such standard to off switch is located above the fuel tank. Administration, Labor. such mine will result in a diminution of The emergency switch is protected by a ACTION: Notice. safety to the miners in such mine. cover, so that the switch is in the off In addition, sections 44.10 and 44.11 SUMMARY: This notice includes the position anytime the cover is closed. of 30 CFR establish the requirements for summary of a petition for modification (d) The following fueling procedures filing petitions for modification. submitted to the Mine Safety and Health have been developed and posted above Administration (MSHA) by the party II. Petition for Modification the fuel tank. • Make sure fueling sign is hung. listed below. Docket Number: M–2021–025–C. • Inspect fire extinguishers prior to DATES: All comments on the petition Petitioner: Wolf Run Mining beginning the fueling process. must be received by MSHA’s Office of Company, 21550 Barbour County • Ensure fire extinguishers are Standards, Regulations, and Variances Highway, Philippi, West Virginia (Zip located out-by the fueling point. on or before August 25, 2021. 26416). • Verify fuel hose, equipment, etc. are ADDRESSES: You may submit your Mine: Leer South Mine, MSHA ID No. in good working condition. comments including the docket number 46–04168, located in Barbour County, • Test for methane in the atmosphere. of the petition by any of the following West Virginia. • Check for potential ignition sources methods: Regulation Affected: 30 CFR and other hazards in the area. 1. Electronic Mail: zzMSHA- 75.1904(b)(6) (Underground diesel fuel • Notify the mine dispatcher before [email protected]. Include the docket tanks and safety cans). starting. number of the petition in the subject Modification Request: The petitioner • Unlock and open the emergency line of the message. requests a modification of the existing switch. 2. Facsimile: 202–693–9441. standard to permit the use of Brookville • Check for any spills after the fueling 3. Regular Mail or Hand Delivery: locomotive diesel motor in a dual role is complete. MSHA, Office of Standards, as a motor/diesel fuel transportation • Shut off the emergency switch and Regulations, and Variances, 201 12th unit. The petitioner proposes an close locked cover. Street South, Suite 4E401, Arlington, alternative method of complying with • Notify the mine dispatcher after Virginia 22202–5452, Attention: Jessica the requirement for a shut-off valve in completion. D. Senk, Director, Office of Standards, the locomotive motor’s fuel return line (e) The tank is equipped with a 4 inch Regulations, and Variances. Persons (a connection between the engine and vent designed to open at a pressure not delivering documents are required to fuel tank through which fuel flows to exceed 2.5 pounds per square inch, check in at the receptionist’s desk in when the engine is running). as required by 75.1904(b). Suite 4E401. Individuals may inspect The petitioner states that the return (f) Tank openings are marked and the copies of the petition and comments line is unrelated to fuel dispensing, and tank, fittings and components are during normal business hours at the that therefore a shutoff valve on this line pressure-tested. address listed above. is not necessary. Using a shutoff valve (g) The pump dispensing line is MSHA will consider only comments on the return line could cause engine equipped with a manual shut off valve postmarked by the U.S. Postal Service or damage and an over-fueling condition, that serves as anti-siphoning device as proof of delivery from another delivery due to the fuel not being able to return required under 75.1905(b)(iii). service such as UPS or Federal Express to the locomotive’s fuel tank. This over- (h) Additional fire suppression and on or before the deadline for comments. fueling condition would increase detection are installed to ensure that the

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system meets all the requirements of some information (e.g., copyrighted press, 29 CFR 1910.217(g) requires the 75.1911(b). material) is not publicly available to employer to report, within 30 days of (i) At no time, the motor will be read or download through the website. the occurrence, all point-of-operation operated unattended, in accordance All submissions, including copyrighted injuries to the operators or other with 75.1916(e). material, are available for inspection employees to either the Director of the (j) Within 60 days after the Proposed through the OSHA Docket Office. Directorate of Standards and Guidance Decision and Order (PDO) becomes Contact the OSHA Docket Office for at OSHA, U.S. Department of Labor, final, the petitioner will submit assistance in locating docket Washington, DC 20210 or electronically proposed revisions for its approved part submissions. at http://www.osha.gov/pls/oshaweb/ 48 training plan to the DM. The Instructions: All submissions must mechanical.html; or to the State agency proposed revisions will include initial include the agency name and the OSHA administering a plan approved by the and refresher training regarding docket number for this Federal Register Assistant Secretary of Labor for compliance with the terms and notice (OSHA–2012–0017). OSHA will Occupational Safety and Health. This conditions of the PDO. place comments and requests to speak, information includes the employer’s The petitioner asserts that the including personal information, in the and worker’s name(s), workplace alternate method proposed will at all public docket, which may be available address and location; injury sustained; times guarantee no less than the same online. Therefore, OSHA cautions task being performed when the injury measure of protection afforded the interested parties about submitting occurred; number of operators required miners under the mandatory standard. personal information such as Social for the operation and the number of Security numbers and birthdates. For operators provided with controls and Jessica D. Senk, further information on submitting safeguards; cause of the incident; type of Director, Office of Standards, Regulations, comments, see the ‘‘Public clutch, safeguard(s), and feeding and Variances. Participation’’ heading in the section of method(s) used; and means used to [FR Doc. 2021–15827 Filed 7–23–21; 8:45 am] this notice titled SUPPLEMENTARY actuate the press stroke. These reports BILLING CODE 4520–43–P INFORMATION. are a source of up-to-date information on power press machines. Specifically, FOR FURTHER INFORMATION CONTACT: this information identifies the Theda Kenney or Seleda Perryman, DEPARTMENT OF LABOR equipment used and conditions Directorate of Standards and Guidance, Occupational Safety and Health associated with these injuries. OSHA, U.S. Department of Labor, OSHA’s Mechanical Power Press Administration telephone (202) 693–2222. injury reporting requirement at [Docket No. OSHA–2012–0017] SUPPLEMENTARY INFORMATION: 1910.217(g) is a separate injury I. Background reporting requirement from OSHA’s Reports of Injuries to Employees severe injury reporting requirements The Department of Labor, as part of Operating Mechanical Power Presses; which are part of 1904.39. Under the continuing effort to reduce Extension of the Office of Management 1904.39, employers must, within 24 paperwork and respondent (i.e., and Budget’s (OMB) Approval of an hours, report to OSHA any work-related employer) burden, conducts a Information Collection (Paperwork) injury requiring hospitalization as well preclearance consultation program to Requirements as work-related incidents resulting in an provide the public with an opportunity amputation or loss of an eye. The AGENCY: Occupational Safety and Health to comment on proposed and Mechanical Power Press Standard Administration (OSHA), Labor. continuing information collection requires employers to report all injuries ACTION: Request for public comments. requirements in accordance with the involving operation of a power press to Paperwork Reduction Act of 1995 OSHA or an appropriate state agency SUMMARY: OSHA solicits public (PRA–95) (44 U.S.C. 3506(c)(2)(A)). This within 30 days. Injuries that must be comments concerning the proposal to program ensures that information is in reported under 1910.217(g) include extend the Office of Management and the desired format, reporting burden those that are also reportable under Budget’s (OMB) approval of the (time and costs) is minimal, collection 1904.39 as well as those that are information collection requirements instruments are clearly understood, and recordable under the recordkeeping specified in the Standard on Reports of OSHA’s estimate of the information standard (29 CFR 1904). Injuries to Employees Operating collection burden is accurate. The Mechanical Power Presses. Occupational Safety and Health Act of II. Special Issues for Comment DATES: Comments must be submitted 1970 (OSH Act) (29 U.S.C. 651 et seq.) OSHA has a particular interest in (postmarked, sent, or received) by authorizes information collection by comments on the following issues: September 24, 2021. employers as necessary or appropriate • Whether the proposed information ADDRESSES: for enforcement of the Act or for collection requirements are necessary Electronically: You may submit developing information regarding the for the proper performance of the comments, including attachments, causes and prevention of occupational agency’s functions, including whether electronically at http:// injuries, illnesses, and accidents (29 the information is useful; www.regulations.gov, the Federal U.S.C. 657). The OSH Act also requires • The accuracy of OSHA’s estimate of eRulemaking Portal. Follow the that OSHA obtain such information the burden (time and costs) of the instructions online for submitting with minimum burden upon employers, information collection requirements, comments. especially those operating small including the validity of the Docket: To read or download businesses, and to reduce to the methodology and assumptions used; comments or other material in the maximum extent feasible unnecessary • The quality, utility, and clarity of docket, go to http:// duplication of efforts in obtaining the information collected; and www.regulations.gov. Documents in the information (29 U.S.C. 657). • Ways to minimize the burden on docket are listed in the http:// In the event that a worker is injured employers who must comply. For www.regulations.gov index; however, while operating a mechanical power example, by using automated or other

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technological information collection Comments and submissions are ADDRESSES: and transmission techniques. posted without change at http:// Electronically: You may submit www.regulations.gov. Therefore, OSHA comments and attachments III. Proposed Actions cautions commenters about submitting electronically at http:// OSHA is requesting that OMB extend personal information such as their www.regulations.gov, which is the the approval of the information social security number and date of birth. Federal eRulemaking Portal. Follow the collection requirement contained in the Although all submissions are listed in instructions online for submitting Standard on Reports of Injuries to the http://www.regulations.gov index, comments. Employees Operating Mechanical Power some information (e.g., copyrighted Docket: To read or download Presses (29 CFR 1910.217(g)). The material) is not publicly available to comments or other material in the agency is requesting an adjustment read or download from this website. docket, go to http:// decrease in the number of burden hours All submissions, including www.regulations.gov. Documents in the from 400 to 390, a total reduction of 10 copyrighted material, are available for docket are listed in the http:// burden hours. The decrease is due to a inspection and copying at the OSHA www.regulations.gov index; however, decrease in the estimated number of Docket Office. Information on using the some information (e.g., copyrighted injury reports caused by mechanical http://www.regulations.gov website to material) is not publicly available to power presses (from 1,190 to 1,170). submit comments and access the docket read or download through the website. Type of Review: Extension of a is available at the website’s ‘‘User Tips’’ All submissions, including copyrighted currently approved collection. link. Contact the OSHA Docket Office at material, are available for inspection Title: Reports of Injuries to Employees (202) 693–2350, (TTY (877) 889 5627) through the OSHA Docket Office. Operating Mechanical Power Presses (29 for information about materials not Contact the OSHA Docket Office for CFR 1910.217(g)). available from the website, and for assistance in locating docket OMB Control Number: 1218–0070. assistance in using the internet to locate submissions. Affected Public: Business or other for- docket submissions. Instructions: All submissions must profits. V. Authority and Signature include the agency name and OSHA Number of Respondents: 1,170. docket number (OSHA–2019–0010) for Frequency of Responses: On occasion. James S. Frederick, Acting Assistant the Information Collection Request Average Time per Response: Various. Secretary of Labor for Occupational (ICR). All comments, including any Estimated Total Burden Hours: 390. Safety and Health, directed the personal information you provide such Estimated Cost (Operation and preparation of this notice. The authority as social security numbers and date of Maintenance): $0. for this notice is the Paperwork birth, are placed in the public docket Reduction Act of 1995 (44 U.S.C. 3506 IV. Public Participation—Submission of without change, and may be made et seq.) and Secretary of Labor’s Order Comments on This Notice and Internet available online at http:// No. 1–2012 (77 FR 3912). Access to Comments and Submissions www.regulations.gov. For further Signed at Washington, DC, on July 19, You may submit comments in information on submitting comments, 2021. see the ‘‘Public Participation’’ heading response to this document as follows: James S. Frederick, (1) Electronically at http:// in the section of this notice titled Acting Assistant Secretary of Labor for SUPPLEMENTARY INFORMATION. www.regulations.gov, which is the Occupational Safety and Health. Federal eRulemaking Portal; (2) by FOR FURTHER INFORMATION CONTACT: [FR Doc. 2021–15844 Filed 7–23–21; 8:45 am] facsimile (fax); or (3) by hard copy. Seleda Perryman, Directorate of Please note: While OSHA’s Docket BILLING CODE 4510–26–P Standards and Guidance, OSHA, U.S. Office is continuing to accept and Department of Labor; telephone (202) 693–2222. process submissions by regular mail, DEPARTMENT OF LABOR due to the COVID–19 pandemic, the SUPPLEMENTARY INFORMATION: Docket Office is closed to the public and Occupational Safety and Health I. Background not able to receive submissions to the Administration docket by hand, express mail, The Department of Labor, as part of a messenger, and courier service. All [Docket No. OSHA–2019–0010] continuing effort to reduce paperwork comments, attachments, and other Beryllium Standards for General and respondent (i.e., employer) burden, material must identify the agency name Industry; Extension for the Office of conducts a preclearance consultation and the OSHA docket number for the Management and Budget’s (OMB) program to provide the public with an ICR (Docket No. OSHA–2012–0017). Approval of the Information Collection opportunity to comment on proposed You may supplement electronic (Paperwork) Requirements and continuing information collection submissions by uploading document requirements in accordance with the files electronically. If you wish to mail AGENCY: Occupational Safety and Health Paperwork Reduction Act of 1995 (PRA) additional materials in reference to an Administration (OSHA), Labor. (44 U.S.C. 3506(c)(2)(A)). This program electronic or facsimile submission, you ACTION: Request for public comments. ensures that information is in the must submit them to the OSHA Docket desired format, reporting burden (time Office (see the section of this notice SUMMARY: OSHA solicits comments and costs) is minimal, collection titled ADDRESSES). The additional concerning the proposal to extend the instruments are clearly understood, and materials must clearly identify your Office of Management and Budget’s OSHA’s estimate of the information electronic comments by your name, (OMB) approval of the information collection burden is accurate. The date, and the docket number so the collection requirements contained in the Occupational Safety and Health Act of agency can attach them to your Beryllium Standards for General 1970 (OSH Act) (29 U.S.C. 651 et seq.) comments. Industry. authorizes information collection by Due to security procedures, the use of DATES: Comments must be submitted employers as necessary or appropriate regular mail may cause a significant (postmarked, sent, or received) by for enforcement of the Act or for delay in the receipt of comments. September 24, 2021. developing information regarding the

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causes and prevention of occupational monitoring within six months of the other beryllium-related health effects; injuries, illnesses, and accidents (29 most recent monitoring. Paragraph (d)(4) (C) is exposed to beryllium during an U.S.C. 657). requires the employer to reassess emergency; or (D) most recent written This ICR is based on the 2017 final airborne exposure whenever a change in medical opinion required by paragraph rule for Beryllium which includes the production, process, control (k)(6) or (k)(7) recommends periodic general industry, construction, and equipment, personnel, or work practices medical surveillance. maritime. Subsequently, the agency has may reasonably be expected to result in In paragraph (k)(5) of medical proposed revisions to the beryllium new or additional airborne exposure at surveillance, the employer is required to standards. OSHA proposed revisions to or above the action level or STEL, or ensure that the employee receives a the beryllium general industry standard when the employer has any reason to written medical report from the licensed in December 2018 (83 FR 63746) titled believe that new or additional airborne physician within 45 days of the ‘‘Occupational Exposure to Beryllium in exposure at or above the action level or examination (including any follow-up General Industry,’’ and to the beryllium STEL has occurred. beryllium lymphocyte proliferation test construction and shipyard standards in In paragraph (f)(1)(i) the employer is (BeLPT) required under paragraph October 2019 (84 FR 53902) titled required to establish, implement, and (k)(3)(ii)(E) of this standard) and that the ‘‘Occupational Exposure to Beryllium in maintain a written exposure control physician or other licensed health care Construction and Shipyard Sectors.’’ plan and what information and professional (PLHCP) explains the The agency is planning to finalize the procedures are included in the plan. results of the examination to the beryllium standards in two separate Paragraph (f)(1)(ii) requires the employee. The requirement for a written rulemakings in the coming months. The employer to review and evaluate the medical report ensures that the modification and update of these effectiveness of each written exposure employee receives a record of all beryllium standards will clarify the control plan at least annually and findings. In paragraph (k)(6) of medical provisions contained in the 2017 update it, as necessary. Also, in surveillance the employer is required to general industry standard and will paragraph (f)(1)(iii) the employer must obtain a written medical opinion from better tailor the construction and make a copy of the written exposure the licensed physician within 45 days of shipyard standards to address the control plan accessible to each the medical examination and what must particular operations in these sectors employee who is, or can reasonably be be contained in the written medical involving exposure to beryllium. These expected to be, exposed to airborne opinion. Under paragraph (k)(7) of two beryllium final rules contain beryllium in accordance with OSHA’s medical surveillance, when being information collection requirements that Access to Employee Exposure and referred to the CBD Diagnostic Center, will have an impact on this ICR when Medical Records (Records Access) the employer is required to provide an they are published. standard (29 CFR 1910.1020(e)). The information collection Paragraph (g)(2) requires the employer evaluation at no cost to the employee at requirements specified by the beryllium to provide respiratory protection for the a CBD diagnostic center that is mutually standards for general industry helps selection and use of respirators, medical agreed upon by the employer and the protect workers from harmful elements evaluations of employees required to employee. The examination must be when exposed to permissible exposure use respirators, respirator fit testing provided within 30 days of: (A) The limits of beryllium and beryllium procedures for tight-fitting respirators employer’s receipt of a physician’s compounds in the workplace. The and procedures for proper use of written medical opinion to the employer information collection requirements in respirators in routine and reasonably that recommends referral to a CBD the 2017 Standards involve the foreseeable emergency situations. diagnostic center; or (B) the employee following elements of the standard. Paragraph (h)(3)(iii) requires the presenting to the employer a physician’s Paragraph (d)(2) contains the employer to inform in writing the written medical report indicating that performance options where the persons or the business entities who the employee has been confirmed employer must assess the 8-hour TWA launder, clean, or repair the personal positive or diagnosed with CBD, or exposure and the 15-minute short-term protective clothing or equipment recommending referral to a CBD exposure for each employee on the basis required by this standard of the diagnostic center. The employer must of any combination of air monitoring potentially harmful effects of airborne ensure that the employee receives all data and objective data sufficient to exposure to and dermal contact with written medical reports from the CBD accurately characterize airborne beryllium and that the personal diagnostic center that contains all the exposure to beryllium. Employers do protective clothing and equipment must information required in paragraph not have to conduct initial exposure be handled in accordance with this (k)(5)(i), (ii), (iv), and (v) and that the monitoring if they rely on objective data standard. This provision is intended to PLHCP explains the results of the that would satisfy the exposure reduce exposure to beryllium for examination to the employee within 30 assessment requirements contained in employees handling beryllium- days of the examination. Also, the this standard. Paragraph (d)(3) says the contaminated materials by providing employer is require to obtain a written employer must perform initial employers and employees handling medical opinion from the CBD monitoring to assess the 8-hour TWA these materials the information diagnostic center within 30 days of the exposure for each employee on the basis necessary to protect employees from medical examination and ensure that of one or more personal breathing zone beryllium exposure. each employee receives a copy of the air samples that reflect the airborne Under paragraph (k)(1) the employer written medical opinion from the CBD exposure of employees on each shift, for is required to make medical surveillance diagnostic center within 30 days of any each job classification, and in each work available at no cost to the employee, and medical examination performed for that area and the employer is required to do at a reasonable time and place, to each employee. periodic monitoring when the most employee who: (A) Is reasonably In paragraph (m)(2) the employer is recent exposure monitoring indicates expected to be exposed at or above the required to post warning signs at each that airborne exposure is at or above the action level for more than 30 days per approach to a regulated area. Paragraph action level but at or below the TWA year; (B) shows signs or symptoms of (m)(3) requires the employer to label PEL, the employer must repeat such chronic beryllium disease (CBD) or each bag and container of clothing,

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equipment, and materials contaminated Frequency of Response: On occasion. V. Authority and Signature with beryllium. Average Time per Response: Various. James S. Frederick, Acting Assistant In paragraph (m)(4)(iv) the employer Estimated Total Burden Hours: Secretary of Labor for Occupational is required to make a copy of this 82,822. Safety and Health, directed the standard and its appendices readily Estimated Cost (Operation and preparation of this notice. The authority available at no cost to each employee Maintenance): $18,741,540. for this notice is the Paperwork and designated employee IV. Public Participation—Submission of Reduction Act of 1995 (44 U.S.C. 3506 representative(s). et seq.) and Secretary of Labor’s Order Under paragraph (n) recordkeeping, Comments on This Notice and Internet No. 1–2012 (77 FR 3912). the employer is required to make and Access to Comments and Submissions maintain records for the air monitoring You may submit comments in Signed at Washington, DC, on July 19, 2021. data, objective data, medical response to this document as follows: surveillance, and training. Access to (1) Electronically at http:// James S. Frederick, these records must be made available www.regulations.gov, which is the Acting Assistant Secretary of Labor for upon request for examination and Federal eRulemaking Portal; (2) by Occupational Safety and Health. copying to the Assistant Secretary, the facsimile (FAX); or (3) by hard copy. [FR Doc. 2021–15845 Filed 7–23–21; 8:45 am] Director, each employee, and each Please note: While OSHA’s Docket BILLING CODE 4510–26–P employee’s designated representative(s) Office is continuing to accept and in accordance the Records Access process submissions by regular mail, standard (29 CFR 1910.1020). due to the COVID–19 pandemic, the NATIONAL AERONAUTICS AND SPACE ADMINISTRATION II. Special Issues for Comment Docket Office is closed to the public and not able to receive submissions to the [NOTICE: (21–045)] OSHA has a particular interest in docket by hand, express mail, comments on the following issues: messenger, and courier service. All Name of Information Collection: NASA • Whether the proposed information comments, attachments, and other Property in the Custodian of collection requirements are necessary material must identify the agency name Contractors for the proper performance of the and the OSHA docket number for the agency’s functions, including whether ICR (Docket No. OSHA–2019–0010). AGENCY: National Aeronautics and the information is useful; Space Administration (NASA). • You may supplement electronic The accuracy of OSHA’s estimate of submissions by uploading document ACTION: Notice of information collection. the burden (time and costs) of the files electronically. If you wish to mail SUMMARY: The National Aeronautics and information collection requirements, additional materials in reference to an Space Administration, as part of its including the validity of the electronic or facsimile submission, you continuing effort to reduce paperwork methodology and assumptions used; must submit them to the OSHA Docket • The quality, utility, and clarity of and respondent burden, invites the Office (see the section of this notice the information collected; and general public and other Federal titled ADDRESSES). The additional • Ways to minimize the burden on agencies to take this opportunity to materials must clearly identify your employers who must comply; for comment on proposed and/or electronic comments by your name, example, by using automated or other continuing information collections. date, and the docket number so the technological information collection agency can attach them to your DATES: Comments are due by September and transmission techniques. comments. 24, 2021. III. Proposed Actions Due to security procedures, the use of ADDRESSES: Written comments and OSHA is requesting a program change regular mail may cause a significant recommendations for this information decrease from 194,261 hours to 82,822 delay in the receipt of comments. collection should be sent within 60 days hours, a difference of 111,439 hours in Comments and submissions are of publication of this notice to the burden. This is a revision to the posted without change at http:// www.reginfo.gov/public/do/PRAMain. currently approved Beryllium www.regulations.gov. Therefore, OSHA Find this information collection by Information Collections for the general cautions commenters about submitting selecting ‘‘Currently under 60-day industry (29 CFR part 1910.1024) by personal information such as social Review—Open for Public Comments’’ or removing those collection of security numbers and date of birth. by using the search function. information requirements contained in Although all submissions are listed in FOR FURTHER INFORMATION CONTACT: the construction and shipyard sectors the http://www.regulations.gov index, Requests for additional information or from this ICR. OSHA is proposing that some information (e.g., copyrighted copies of the information collection the burden hours and cost for material) is not publicly available to instrument(s) and instructions should maintenance and material remain the read or download through this website. be directed to Claire Little, NASA same. The agency will summarize the All submissions, including copyrighted Clearance Officer, NASA Headquarters, comments submitted in response to this material, are available for inspection 300 E Street SW, JF0000, Washington, notice and will include this summary in and copying at the OSHA Docket Office. DC 20546, 202–358–2375 or email the request to OMB. Information on using the http:// [email protected]. Type of Review: Extension of a www.regulations.gov website to submit SUPPLEMENTARY INFORMATION: currently approved collection. comments and access the docket is I. Abstract Title: Beryllium Standards for General available at the website’s ‘‘User Tips’’ Industry (29 CFR part 1910.1024). link. Contact the OSHA Docket Office at To ensure accurate reporting of OMB Number: 1218–0267. (202) 693–2350, (TTY (877) 889–5627) Government-owned, contractor-held Affected Public: Business or other for- for information about materials not property on the financial statements and profits; Federal Government; State, available through the website, and for to provide information necessary for Local, or Tribal Government. assistance in using the internet to locate effective property management in Number of Respondents: 4,538. docket submissions. accordance with FAR Part 45, NASA

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obtains summary data annually from the They will also become a matter of You may obtain publicly available official Government property records public record. information related to this document maintained by its contractors. The using any of the following methods: Lori Parker, information is submitted via the NASA • Federal Rulemaking Website: Go to Form 1018, at the end of each fiscal NASA PRA Clearance Officer. https://www.regulations.gov and search year. Additional information submitted [FR Doc. 2021–15828 Filed 7–23–21; 8:45 am] for Docket ID NRC–2021–0138. Address to approve the accuracy of the BILLING CODE 7510–13–P questions about Docket IDs in contractor property management system Regulations.gov to Stacy Schumann; compliance is submitted via NASA telephone: 301–415–0624; email: Form 1019, at the beginning of awards NATIONAL CREDIT UNION [email protected]. For technical with NASA property in the hands of ADMINISTRATION questions, contact the individual listed contractors; and same information in the FOR FURTHER INFORMATION gathered by Federal agencies assisting Sunshine Act Meetings CONTACT section of this document. NASA according to risk matrix. • NRC’s Agencywide Documents TIME AND DATE: 10:00 a.m., Thursday, Information for property management Access and Management System July 22, 2021. system in accordance with FAR Part 45, (ADAMS): You may access publicly NASA is the agency responsible for PLACE: Due to the COVID–19 Pandemic, available documents online in the contract administration shall conduct an the meeting will be open to the public ADAMS public document collection at analysis of the contractor’s property via live webcast only. Visit the agency’s https://www.nrc.gov/reading-rm/ management policies, procedures, homepage (www.ncua.gov) and access adams.html. To begin the search, select practices, and systems. the provided webcast link. ‘‘Begin Web-based ADAMS Search.’’ For STATUS: This meeting will be open to the problems with ADAMS, please contact II. Methods of Collection public. the NRC’s Public Document Room (PDR) Electronic. MATTERS TO BE CONSIDERED: reference staff at 1–800–397–4209, 301– 1. Request for Information and 415–4737, or by email to pdr.resource@ III. Data Comment, Digital Assets and Related nrc.gov. The ADAMS accession number Title: NASA Property in the Custody Technologies. for each document referenced (if that of Contractors. 2. NCUA Rules and Regulations, document is available in ADAMS) is OMB Number: 2700–0017. Complex Credit Union Leverage Ratio. provided the first time that a document Type of review: Renewal of a CONTACT PERSON FOR MORE INFORMATION: is referenced. • Attention: The PDR, where you may previously approved information Melane Conyers-Ausbrooks, Secretary of examine and order copies of public collection. the Board, Telephone: 703–518–6304. documents, is currently closed. You Affected Public: Business or other for- Melane Conyers-Ausbrooks, may submit your request to the PDR via profit and not-for-profit institutions. Secretary of the Board. email at [email protected] or call 1– Estimated Annual Number of [FR Doc. 2021–15908 Filed 7–22–21; 11:15 am] 800–397–4209 or 301–415–4737, Activities: 1,200. BILLING CODE 7535–01–P between 8:00 a.m. and 4:00 p.m. (ET), Estimated Number of Respondents Monday through Friday, except Federal per Activity: 1. holidays. Annual Responses: 1,200. NUCLEAR REGULATORY FOR FURTHER INFORMATION CONTACT: Estimated Time per Response: 1.5 COMMISSION Michael Mahoney, Office of Nuclear hours. Reactor Regulation, U.S. Nuclear [Docket No. 50–389; NRC–2021–0138] Estimated Total Annual Burden Regulatory Commission, Washington, Hours: 1,800. Florida Power and Light Company; St. DC 20555–0001; telephone: 301–415– Estimated Total Annual Cost: Lucie Plant, Unit No. 2 3867; email: [email protected]. $36,000. SUPPLEMENTARY INFORMATION: The text of AGENCY: Nuclear Regulatory the exemption is attached. IV. Request for Comments Commission. Dated: July 20, 2021. Comments are invited on: (1) Whether ACTION: Exemption; issuance. For the Nuclear Regulatory Commission. the proposed collection of information Michael Mahoney, is necessary for the proper performance SUMMARY: The U.S. Nuclear Regulatory of the functions of NASA, including Commission (NRC, or the Commission) Project Manager, Plant Licensing Branch 2– has issued an exemption in response to 2, Division of Operating Reactor Licensing, whether the information collected has Office of Nuclear Reactor Regulation. practical utility; (2) the accuracy of a March 17, 2021, request from Florida NASA’s estimate of the burden Power and Light (FPL or the licensee). Attachment—Exemption. The approval permits a one-time (including hours and cost) of the Nuclear Regulatory Commission proposed collection of information; (3) schedular exemption to allow submittal ways to enhance the quality, utility, and of a license renewal application for the Docket No. 50–389 St. Lucie, Unit No. 2 facility earlier than clarity of the information to be Florida Power & Light Company, St. 20 years before the expiration of the collected; and (4) ways to minimize the Lucie Plant, Unit No. 2, Exemption burden of the collection of information operating license, which expires on on respondents, including automated April 6, 2043. I. Background collection techniques or the use of other DATES: The exemption was issued on Florida Power & Light Company (FPL, forms of information technology. July 20, 2021. the licensee) is the holder of Renewed Comments submitted in response to ADDRESSES: Please refer to Docket ID Facility Operating License No. NPF–16, this notice will be summarized and NRC–2021–0138 when contacting the which authorizes operation of the St. included in the request for OMB NRC about the availability of Lucie Plant, Unit 2 (St. Lucie 2), a approval of this information collection. information regarding this document. pressurized water reactor. St. Lucie

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Plant, Unit 1, is collocated with St. underlying purpose of the rule or is not a schedular exemption. This exemption Lucie 2 in Jensen Beach, Florida; necessary to achieve the underlying does not change any site security however, this exemption is applicable purpose of the rule.’’ features, procedures, staffing, or other only to St. Lucie 2. The license security-related matters. Therefore, the A. The Exemption Is Authorized by Law provides, among other things, that the NRC finds that the action is consistent facility is subject to all rules, The Commission’s basis for with common defense and security. regulations, and orders of the U.S. establishing the 20-year limit contained D. Special Circumstances Nuclear Regulatory Commission (NRC, in 10 CFR 54.17(c) is discussed in the or the Commission) now or hereafter in 1991 Statements of Consideration for 10 The regulation at 10 CFR 50.12(a)(2) effect. The current renewed facility CFR part 54 (56 FR 64963). The limit lists special circumstances for which an operating license for St. Lucie 2 expires was established to ensure that exemption may be granted. Pursuant to on April 6, 2043. substantial operating experience was the regulation, it is necessary for one of accumulated by a licensee before a these special circumstances to be II. Request/Action renewal application is submitted such present in order for the NRC to consider Part 54 of title 10 of the Code of that any plant-specific concerns granting an exemption request. As noted Federal Regulations (10 CFR) regarding aging would be disclosed. In above, FPL stated that the special ‘‘Requirements for Renewal of Operating amending the rule in 1995, the circumstance that applies to this Licenses for Nuclear Power Plants,’’ Commission indicated that it would exemption request is found in 10 CFR contains the requirements for the consider plant-specific exemption 50.12(a)(2)(ii), which states, renewal of operating licenses for nuclear requests by applicants who believe that ‘‘Application of the regulation in the power plants. Section 54.17(c) of 10 sufficient information is available to particular circumstances would not CFR states that an application for a justify applying for license renewal serve the underlying purpose of the rule renewed license may not be submitted earlier than 20 years from expiration of or is not necessary to achieve the to the Commission earlier than 20 years the current license. The NRC staff has underlying purpose of the rule.’’ before the expiration of the operating determined that granting the licensee’s In initially promulgating 10 CFR license currently in effect. proposed exemption will not result in a 54.17(c) in 1991, the Commission stated The licensee has informed the NRC violation of the Atomic Energy Act of that the purpose of the 20-year time that it plans to submit the St. Lucie 1954, as amended, or the Commission’s limit was ‘‘to ensure that substantial Plant, Unit Nos. 1 and 2 subsequent regulations. Therefore, the exemption is operating experience is accumulated by license renewal application (SLRA) authorized by law. a licensee before it submits a renewal earlier than 20 years before expiration of application,’’ such that any plant- the renewed facility operating license B. The Exemption Presents No Undue specific concerns regarding aging would for St. Lucie 2. Based on the Risk to Public Health and Safety be disclosed (56 FR 64963). At that time, requirement in 10 CFR 54.17(c), a FPL is seeking an exemption from the the Commission found that 20 years of subsequent license renewal (SLR) requirements of 10 CFR 54.17(c) for operating experience provided a application for St. Lucie 2 cannot be schedular relief, which would only sufficient basis for license renewal filed prior to April 6, 2023 without an relieve FPL of the schedular applications. However, in issuing the exemption. As a result, by letter dated requirement to wait until April 6, 2023 amended Part 54 in 1995, the March 17, 2021 (Agencywide to submit an SLRA for St. Lucie Unit 2. Commission indicated it would Documents Access and Management The action does not change the manner consider an exemption to this System (ADAMS) Accession No. in which the plant operates and would requirement if sufficient information ML21076A315), pursuant to 10 CFR maintain public health and safety, was available on a plant-specific basis to 54.15 and 10 CFR 50.12, FPL requested because no additional changes are made justify submission of an application to a one-time exemption from the 10 CFR as a result of the action. FPL must still renew a license before completion of 20 54.17(c) schedular requirement. conduct all environmental reviews years of operation (60 FR 22488). FPL’s exemption request is consistent with the III. Discussion required by 10 CFR part 51 and all safety reviews and evaluations required Commission’s intent to consider plant- Under 10 CFR 54.15, exemptions from by 10 CFR part 54 when preparing the specific requests and is permitted by 10 the requirements of part 54 are governed SLRA for St. Lucie Units 1 and 2. CFR 54.15. by regulations at 10 CFR 50.12. Pursuant Pending final action on the SLR The licensee stated that St. Lucie 2 is to 10 CFR 50.12, the Commission may, application, the NRC will continue to the sister unit to St. Lucie 1. The two upon application by any interested conduct all regulatory activities units currently have a combined person or upon its own initiative, grant associated with licensing, inspection, operating history of over 80 reactor- exemptions from the requirements of and oversight, and will take whatever years, with Unit 1 having over 45 years the regulations of this part, which are action may be necessary to ensure and Unit 2 having over 37 years of authorized by law, will not present an adequate protection of the public health operating experience. St. Lucie 1 undue risk to the public health and and safety. This exemption does not operating experience is directly safety, and are consistent with the affect NRC’s authority, applicable to all applicable to St. Lucie 2 since the two common defense and security. However, licenses, to modify, suspend, or revoke units are similar in design, operation, an exemption will not be granted unless a license for cause, such as the maintenance, use of operating special circumstances are present as identification of a serious safety experience, and environment. defined in 10 CFR 50.12(a)(2). In its concern. Therefore, the NRC finds that According to the licensee, the application, FPL states that special the action does not cause undue risk to materials of construction for St. Lucie 2 circumstances, as described in 10 CFR public health and safety. structures, systems, and components are 50.12(a)(2)(ii) apply to its request, typically identical or similar to those which states that special circumstances C. The Exemption is Consistent With the used for the corresponding St. Lucie 1 are present when ‘‘Application of the Common Defense and Security structures, systems, and components. regulation in the particular As discussed previously, the The licensee specified that, because of circumstances would not serve the proposed exemption would only allow the similarities between St. Lucie 1 and

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2, personnel of the various plant significant increase in the amounts of Requirements in 10 CFR 51.22(c)(25)(v) organizations (e.g., Maintenance and any effluents that may be released Engineering) are typically assigned work offsite; (iii) there is no significant The exemption constitutes a change to activities on both units. Licensed increase in individual or cumulative a schedular requirement which is operators at St. Lucie receive training on public or occupational radiation administrative in nature and does not both units. exposure; (iv) there is no significant impact the probability or consequences St. Lucie Unit 2 is physically located construction impact; (v) there is no of accidents. Thus, there is no adjacent to Unit 1. As such, the external significant increase in the potential for significant increase in the potential for, environments would be similar for both or consequences from radiological or consequences from, a radiological units. Internal environments for both accidents; and (vi) the requirements accident. Therefore, the requirements of units are also similar due to the from which an exemption if sought 10 CFR 51.22(c)(25)(v) are met. similarity in plant design and operation. involve certain categories of The licensee stated that an requirements, including scheduling Requirements in 10 CFR 51.22(c)(25)(vi) administrative procedure is used by its requirements. The basis for NRC’s To qualify for a categorical exclusion entire nuclear fleet for the review and determination is provided in the dissemination of operating experience under 10 CFR 51.22(c)(25)(vi)(G), the following evaluation of the exemption must involve scheduling obtained from both external and internal requirements in 10 CFR 51.22(c)(25)(i)- requirements. The requested exemption sources. This procedure requires (vi). screening of information for potential involves an exemption from scheduling St. Lucie applicability; the information Requirements in 10 CFR 51.22(c)(25)(i) requirements because it would allow FPL to submit an SLRA for St. Lucie is received from such sources as the To qualify for a categorical exclusion NRC (e.g., NRC Information Notices), under 10 CFR 51.22(c)(25)(i), the Unit 2 earlier than 20 years before the industry resources, vendor reports/ exemption must involve a no significant expiration of its current license. notices, and in-house operating hazards consideration. The criteria for Therefore, the requirements of 10 CFR experience. If an item is potentially making a no significant hazards 51.22(c)(25)(vi) are met. applicable to St. Lucie, then the consideration determination are found Based on the above, the NRC staff information item is addressed in the in 10 CFR 50.92(c). The NRC staff has concludes that the proposed exemption plant’s Corrective Action Program. Given the similarities between units, determined that granting the exemption meets the eligibility criteria for a the NRC staff finds that the operating request involves no significant hazards categorical exclusion set forth in 10 CFR experience at Unit 1 is applicable to consideration because allowing a one- 51.22(c)(25). Therefore, pursuant to 10 Unit 2 for purposes of the license time exemption from the 10 CFR CFR 51.22(b), no environmental impact renewal review. At the time of the 54.17(c) schedular requirement does not statement or environmental assessment exemption request, Unit 1 had achieved (1) involve a significant increase in the need be prepared in connection with the over 45 years of operating experience, probability or consequences of an approval of this exemption request. which is applicable to Unit 2, and that accident previously evaluated; or (2) IV. Conclusions Unit 2, itself, has over 37 years of create the possibility of a new or operating experience. The NRC staff has different kind of accident from any accident previously evaluated; or (3) The NRC has determined that, determined that sufficient combined pursuant to 10 CFR 54.15 and 10 CFR operating experience exists to satisfy the involve a significant reduction in a margin of safety. Therefore, the 50.12, the exemption is authorized by intent of 10 CFR 54.17(c), and the law, will not present an undue risk to application of the regulation in this case requirements of 10 CFR 51.22(c)(25)(i) are met. the public health and safety, and is is not necessary to achieve the consistent with the common defense underlying purpose of the rule. Requirements in 10 CFR 51.22(c)(25)(ii) and security. Also, special Therefore, the NRC staff finds that FPL’s and (iii) circumstances, as defined in 10 CFR request meets the special circumstance 50.12(a)(2), are present. Therefore, the requirement in 10 CFR 50.12(a)(2)(ii). The exemption constitutes a change to a schedular requirement which is NRC hereby grants the licensee a one- E. Environmental Considerations administrative in nature, and does not time exemption for St Lucie 2, from the The NRC’s approval of an exemption involve any change in the types or requirements of 10 CFR 54.17(c), to to scheduling requirements belongs to a significant increase in the amounts of allow the submittal of a subsequent category of actions that the NRC, by rule any effluents that may be released license renewal application earlier than or regulation, has declared to be a offsite and does not contribute to any 20 years before the expiration of the St. categorical exclusion to environmental significant increase in individual or Lucie 2 license that is currently in analysis, after first finding that the cumulative occupational or public effect. radiation exposure. Therefore, the category of actions does not This exemption is effective upon requirements of 10 CFR 51.22(c)(25)(ii) individually or cumulatively have a issuance. significant effect on the human and (iii) are met. Dated at Rockville, Maryland, this 20th day environment. Specifically, the Requirements in 10 CFR 51.22(c)(25)(iv) exemption is categorically excluded of July, 2021. from further analysis under 10 CFR The exempted regulation is not For the Nuclear Regulatory Commission. 51.22(c)(25)(vi)(G). associated with construction, and the /RA/ Under 10 CFR 51.22(c)(25), the exemption does not propose any Bo M. Pham, Director, granting of exemption from the changes to the facility or the site, does requirements of any regulation of not alter the site, and does not change Division of Operating Reactor Licensing, chapter 10 is a categorical exclusion the operation of the site. Therefore, the Office of Nuclear Reactor Regulation. provided that (i) there is no significant requirements of 10 CFR 51.22(c)(25)(iv) [FR Doc. 2021–15823 Filed 7–23–21; 8:45 am] hazards consideration; (ii) there is no are met because there is no significant BILLING CODE 7590–01–P significant change in the types or construction impact.

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NUCLEAR REGULATORY Secretary, Washington, DC 20555, at II. Self-Regulatory Organization’s COMMISSION 301–415–1969, or by email at Statement of the Purpose of, and [email protected]. Statutory Basis for, the Proposed Rule [NRC–2021–0001] The NRC is holding the meetings Change Sunshine Act Meetings under the authority of the Government In its filing with the Commission, the in the Sunshine Act, 5 U.S.C. 552b. self-regulatory organization included TIME AND DATE: Weeks of July 26, August statements concerning the purpose of, 2, 9, 16, 23, 30, 2021. Dated: July 21, 2021. and basis for, the proposed rule change PLACE: Commissioners’ Conference For the Nuclear Regulatory Commission. and discussed any comments it received Room, 11555 Rockville Pike, Rockville, Wesley W. Held, on the proposed rule change. The text Maryland. Policy Coordinator, Office of the Secretary. of those statements may be examined at STATUS: Public. [FR Doc. 2021–15894 Filed 7–21–21; 4:15 pm] the places specified in Item IV below. MATTERS TO BE CONSIDERED: BILLING CODE 7590–01–P The Exchange has prepared summaries, set forth in sections A, B, and C below, Week of July 26, 2021 of the most significant parts of such There are no meetings scheduled for statements. the week of July 26, 2021. SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s Week of August 2, 2021—Tentative COMMISSION Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule There are no meetings scheduled for [Release No. 34–92454; File No. SR– Change the week of August 2, 2021. NYSEAMER–2021–33] 1. Purpose Week of August 9, 2021—Tentative Self-Regulatory Organizations; NYSE The purpose of this filing is to amend There are no meetings scheduled for American LLC; Notice of Filing and Rule 903, Series of Options Open for the week of August 9, 2021. Immediate Effectiveness of Proposed Trading, to permit Monday and Week of August 16, 2021—Tentative Rule Change to Permit Monday and Wednesday expirations for options Wednesday Expirations for Options listed pursuant to the Short Term There are no meetings scheduled for Options Series Program (‘‘Program’’) on the week of August 16, 2021. Listed Pursuant to the Short Term Option Series Program on the Invesco QQQ. Week of August 23, 2021—Tentative QQQ TrustSM Series (‘‘QQQ’’) ETF Trust A Short Term Options Series is a series in an option class that is There are no meetings scheduled for approved for listing and trading on the the week of August 23, 2021. July 20, 2021. Exchange in which the series is opened Pursuant to Section 19(b)(1) 1 of the Week of August 30, 2021—Tentative for trading on any Monday, Tuesday, Securities Exchange Act of 1934 (the Wednesday, Thursday or Friday that is There are no meetings scheduled for ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 the week of August 30, 2021. a business day and that expires on the notice is hereby given that on July 12, Monday, Wednesday or Friday of the CONTACT PERSON FOR MORE INFORMATION: 2021, NYSE American LLC (‘‘NYSE next business week, or, in the case of a For more information or to verify the American’’ or the ‘‘Exchange’’) filed series that is listed on a Friday and status of meetings, contact Wesley Held with the Securities and Exchange expires on a Monday, is listed one at 301–287–3591 or via email at Commission (the ‘‘Commission’’) the business week and one business day [email protected]. The schedule for proposed rule change as described in prior to that expiration.4 The Exchange Commission meetings is subject to Items I and II below, which Items have is proposing to amend Rule 903 change on short notice. been prepared by the self-regulatory Commentary .10 (f) to permit the listing The NRC Commission Meeting organization. The Commission is of options series that expire on Mondays Schedule can be found on the internet publishing this notice to solicit and Wednesdays in QQQ. at: https://www.nrc.gov/public-involve/ comments on the proposed rule change Monday Expirations public-meetings/schedule.html. from interested persons. The NRC provides reasonable As proposed, with respect to Monday accommodation to individuals with I. Self-Regulatory Organization’s QQQ Expirations within Rule 903 disabilities where appropriate. If you Statement of the Terms of Substance of Commentary .10, the Exchange may need a reasonable accommodation to the Proposed Rule Change open for trading on any Friday or participate in these public meetings or Monday that is a business day series of The Exchange proposes to amend need this meeting notice or the options on QQQ to expire on any transcript or other information from the Rule 903 to permit Monday and Monday of the month that is a business public meetings in another format (e.g., Wednesday expirations for options day and is not a Monday in which braille, large print), please notify Anne listed pursuant to the Short Term Quarterly Options Series on the same Silk, NRC Disability Program Specialist, Options Series Program on the Invesco class expire (‘‘Monday QQQ at 301–287–0745, by videophone at QQQ Trust; Series (‘‘QQQ’’) ETF Trust. Expirations’’), provided that Monday 240–428–3217, or by email at The proposed rule change is available QQQ Expirations that are listed on a [email protected]. Determinations on on the Exchange’s website at Friday must be listed at least one requests for reasonable accommodation www.nyse.com, at the principal office of business week and one business day will be made on a case-by-case basis. the Exchange, and at the Commission’s prior to the expiration. The Exchange Members of the public may request to Public Reference Room. may list up to five consecutive Monday receive this information electronically. QQQ Expirations at one time; the If you would like to be added to the 1 15 U.S.C. 78s(b)(1). distribution, please contact the Nuclear 2 15 U.S.C. 78a. 4 See NYSE American Rule 900.2NY 50. Short Regulatory Commission, Office of the 3 17 CFR 240.19b–4. Term Option Series.

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Exchange may have no more than a total since the Tuesday is closer in time to class.16 As with Monday and of five Monday QQQ Expirations.5 the scheduled expiration date of the Wednesday SPY Expirations, the series than the previous Friday, and Exchange is proposing to permit Wednesday Expirations therefore may be more representative of Monday and Wednesday QQQ As proposed, with respect to anticipated market conditions. Nasdaq Expirations to expire in the same week Wednesday QQQ Expirations within PHLX LLC (‘‘Phlx’’) uses the same as monthly options series on the same Rule 903 Commentary .10, the Exchange procedure for QQQ with Monday and class. The Exchange believes that it is may open for trading on any Tuesday or Wednesday expirations.10 Nasdaq reasonable to extend this exemption to Wednesday that is a business day series Phlx 11 and Nasdaq ISE, LLC (‘‘ISE’’) 12 Monday and Wednesday QQQ of options on QQQ to expire on any also use the same procedure for options Expirations because Monday and Wednesday of the month that is a on the Nasdaq-100® (‘‘NDX’’) with Wednesday QQQ Expirations and business day and is not a Wednesday in Monday expirations that are listed standard monthly options will not which Quarterly Options Series on the pursuant to its Nonstandard Expirations expire on the same trading day, as same class expire (‘‘Wednesday QQQ Pilot Programs, respectively. Cboe standard monthly options expire on Expirations’’). The Exchange may list up Exchange, Inc. (‘‘Cboe’’) uses the same Fridays. Additionally, the Exchange to five consecutive Wednesday QQQ procedure for options on the S&P500 believes that not listing Monday and Expirations at one time; the Exchange index (‘‘SPX’’) with Monday expirations Wednesday QQQ Expirations for one may have no more than a total of five that are listed pursuant to its week every month because there was a Wednesday QQQ Expirations. Nonstandard Expirations Pilot Program monthly QQQ expiration on the Friday Monday and Wednesday Expirations and that are scheduled to expire on a of that week would create investor holiday.13 confusion. The interval between strike prices for Currently, for each option class The Exchange does not believe that the proposed Monday and Wednesday eligible for participation in the Program, any market disruptions will be QQQ Expirations will be the same as the Exchange is limited to opening encountered with the introduction of those for the current Short Term Option thirty (30) series for each expiration date P.M.-settled Monday and Wednesday Series for Wednesday and Friday 14 QQQ expirations. The Exchange has the 6 for the specific class. The thirty (30) expirations applicable to the Program. series restriction does not include series necessary capacity and surveillance Specifically, the Monday and that are open by other securities programs in place to support and Wednesday QQQ Expirations will have exchanges under their respective short properly monitor trading in the a $0.50 strike interval minimum.7 As is term options rules; the Exchange may proposed Monday and Wednesday QQQ the case with other equity options series list these additional series that are listed Expirations. The Exchange currently listed pursuant to the Program, the by other exchanges.15 This thirty (30) trades P.M.-settled Short Term Option Monday and Wednesday QQQ series restriction would apply to Series that expire Monday and Expirations series will be P.M. settled. Wednesday for SPY and has not Pursuant to Rule 900.2NY,8 with Monday and Wednesday QQQ experienced any market disruptions nor respect to the Program, if Monday is not Expiration series as well. In addition, issues with capacity. The Exchange a business day the series shall expire on the Exchange will be able to list series currently has surveillance programs in the first business day immediately that are listed by other exchanges, place to support and properly monitor following that Monday. This procedure assuming they file similar rules with the trading in Short Term Option Series that differs from the expiration date of Commission to list QQQ options expire Monday and Wednesday for SPY. Wednesday expiration series that are expiring on Mondays and Wednesdays. Similar to SPY, the introduction of scheduled to expire on a holiday. Finally, the Exchange is amending Monday and Wednesday QQQ Pursuant to Rule 900.2NY 9 a Rule 903(h), which addresses the listing Expirations will, among other things, Wednesday expiration series shall of Short Term Options Series that expire expand hedging tools available to expire on the first business day in the same week as monthly or market participants and continue the immediately prior to that Wednesday, quarterly options series. Currently, that reduction of the premium cost of buying e.g., Tuesday of that week, if the rule states that no Short Term Option protection. The Exchange believes that Wednesday is not a business day. For Series may expire in the same week in Monday and Wednesday QQQ purposes of QQQ, however, the which monthly option series on the Expirations will allow market Exchange believes that it is preferable to same class expire (with the exception of require Monday expiration series in this Monday and Wednesday SPY participants to purchase QQQ based on scenario to expire on the Tuesday of Expirations) or, in the case of Quarterly their timing as needed and allow them that week rather than the previous Options Series, on an expiration that to tailor their investment and hedging business day, e.g., the previous Friday, coincides with an expiration of needs more effectively. Quarterly Options Series on the same 2. Statutory Basis 5 The Exchange proposes to make a clarifying change to Rule 903 Commentary .10(f) to make clear 10 See Securities Exchange Act Release No. 91238 The Exchange believes that its that the Exchange may have no more than a total (March 2, 2021), 86 FR 13404 (March 8, 2021) (SR– proposed rule change is consistent with of five each of Wednesday SPY Expirations and Phlx–2021–10). Section 6(b) of the Act 17 in general, and Wednesday QQQ Expirations and a total of five 11 See Phlx Options 4A, Section 12(b)(5). furthers the objectives of Section 6(b)(5) each of Monday SPY Expirations and Monday QQQ 12 See ISE Supplementary Material .07 to Options of the Act 18 in particular, in that it is Expirations. The Exchange also proposes to make a 4A, Section 12. non-substantive change to add the word ‘‘business’’ 13 See Cboe Rule 4.13(e)(1) ‘‘. . . If the Exchange designed to prevent fraudulent and before ‘‘day’’ in the first sentence of Rule 903 is not open for business on a respective Monday, manipulative acts and practices, to Commentary .10(f). the normally Monday expiring Weekly Expirations promote just and equitable principles of 6 See NYSE American Rule 903 Commentary will expire on the following business day. If the trade, to foster cooperation and .10(f). Exchange is not open for business on a respective 7 See NYSE American Rule 903 Commentary Wednesday or Friday, the normally Wednesday or coordination with persons engaged in .10(d). Friday expiring Weekly Expirations will expire on 8 Rule 900.2NY 50. Definition of ‘‘Short Term the previous business day.’’ 16 See NYSE American Rule 903(h). Option Series.’’ 14 See NYSE American Rule 903 Commentary .10. 17 15 U.S.C. 78f(b). 9 Id. 15 Id. 18 15 U.S.C. 78f(b)(5).

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facilitating transactions in securities, to options with Monday expirations that are listed pursuant to its Nonstandard remove impediments to and perfect the are listed pursuant to its Nonstandard Expirations Pilot Program and that are mechanisms of a free and open market Expirations Pilot Program and that are scheduled to expire on a holiday, as do and a national market system and, in scheduled to expire on a holiday, as do Phlx 29 and ISE 30 for NDX options with general, to protect investors and the Phlx 25 and ISE 26 for NDX options with Monday expirations that are listed public interest. Monday expirations that are listed pursuant to their Nonstandard The proposed rule change is intended pursuant to their Nonstandard Expirations Pilot Programs, respectively. to provide the investing public and Expirations Pilot Programs, respectively. The Exchange does not believe the other market participants more Given the similarities between proposal will impose any burden on flexibility to closely tailor their Monday and Wednesday SPY intra-market competition, as all market investment and hedging decisions in Expirations and the proposed Monday participants will be treated in the same QQQ options, thus allowing them to and Wednesday QQQ Expirations, the manner under this proposal. better manage their risk exposure. Exchange believes that applying the Additionally, the Exchange does not In particular, the Exchange believes provisions in NYSE American Rule 903 believe the proposal will impose any the Program has been successful to date Commentary .10 that currently apply to burden on inter-market competition, as and that Monday and Wednesday QQQ Monday and Wednesday SPY nothing prevents the other options Expirations should simply expand the Expirations to Monday and Wednesday exchanges from proposing similar rules ability of investors to hedge risk against QQQ Expirations is justified. For to list and trade Short-Term Option market movements stemming from example, the Exchange believes that Series with Monday and Wednesday economic releases or market events that allowing Monday and Wednesday QQQ expirations. occur throughout the month in the same Expirations and monthly QQQ C. Self-Regulatory Organization’s way that the Program has expanded the expirations in the same week will Statement on Comments on the landscape of hedging. Similarly, the benefit investors and minimize investor Proposed Rule Change Received From Exchange believes Monday and confusion by providing Monday and Members, Participants, or Others Wednesday QQQ Expirations should Wednesday QQQ Expirations in a create greater trading and hedging continuous and uniform manner. The No written comments were solicited opportunities and flexibility, and will Exchange also believes that it is or received with respect to the proposed provide customers with the ability to appropriate to amend NYSE Arca Rule rule change. tailor their investment objectives more 903(h) to clarify that no Short Term III. Date of Effectiveness of the effectively. The Exchange currently lists Option Series may expire on the same Proposed Rule Change and Timing for Monday and Wednesday SPY day as an expiration of Quarterly Option Commission Action Expirations.19 Also, Cboe 20 currently Series on the same class, same as SPY. permits Monday and Wednesday The Exchange represents that it has an Because the foregoing proposed rule expirations for other options with a adequate surveillance program in place change does not: (i) Significantly affect weekly expiration, such as options on to detect manipulative trading in the protection of investors or the public the SPX pursuant to its Nonstandard Monday and Wednesday expirations, interest; (ii) impose any significant Expirations Pilot Program and Phlx 21 including Monday and Wednesday burden on competition; and (iii) become and ISE 22 currently permit Monday and QQQ Expirations, in the same way that operative for 30 days from the date on Wednesday expirations for other it monitors trading in the current Short which it was filed, or such shorter time options with a weekly expiration on Term Option Series and trading in as the Commission may designate, it has Monday and Wednesday SPY become effective pursuant to Section NDX pursuant to its Nonstandard 31 Expirations. The Exchange also 19(b)(3)(A) of the Act and Rule 19b– Expirations Pilot Programs, respectively. 32 With the exception of Monday represents that it has the necessary 4(f)(6) thereunder. A proposed rule change filed under expiration series that are scheduled to systems capacity to support the new 33 expire on a holiday, there are no options series. Finally, the Exchange Rule 19b–4(f)(6) normally does not material differences in the treatment of does not believe that any market become operative prior to 30 days after the date of the filing. However, pursuant Monday and Wednesday QQQ disruptions will be encountered with 34 Expirations for Short Term Option the introduction of Monday and to Rule 19b–4(f)(6)(iii), the Series. The Exchange believes that it is Wednesday QQQ Expirations. Commission may designate a shorter consistent with the Act to treat Monday time if such action is consistent with the B. Self-Regulatory Organization’s expiration series that expire on a protection of investors and the public Statement on Burden on Competition holiday differently than Wednesday or interest. The Exchange has requested Friday expiration series, since the The Exchange does not believe that that the Commission waive the 30-day proposed treatment for Monday the proposed rule change will impose operative delay so that the proposal may expiration series will result in an any burden on competition that is not become operative immediately upon expiration date that is closer in time to necessary or appropriate in furtherance filing. The Commission notes that it the scheduled expiration date of the of the purposes of the Act. The 29 series, and therefore may be more Exchange notes that having Monday and Supra note 11. Wednesday QQQ Expirations is not a 30 Supra note 12. representative of anticipated market 31 novel proposal, as Monday and 15 U.S.C. 78s(b)(3)(A). conditions. Monday SPY expirations are 32 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– currently treated in this manner.23 Wednesday SPY Expirations are 4(f)(6)(iii) requires a self-regulatory organization to Cboe 24 uses the same procedure for SPX currently listed on the Exchange.27 give the Commission written notice of its intent to Cboe 28 uses the same procedure for SPX file the proposed rule change, along with a brief description and text of the proposed rule change, 19 options with Monday expirations that Supra note 14. at least five business days prior to the date of filing 20 Supra note 13. of the proposed rule change, or such shorter time 21 Supra note 11. 25 Supra note 11. as designated by the Commission. The Exchange 22 Supra note 12. 26 Supra note 12. has satisfied this requirement. 23 Supra note 14. 27 Supra note 14. 33 17 CFR 240.19b–4(f)(6). 24 Supra note 13. 28 Supra note 13. 34 17 CFR 240.19b–4(f)(6)(iii).

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recently approved Phlx’s substantially Commission, 100 F Street NE, (‘‘Act’’),1 and Rule 19b–4 thereunder,2 similar proposal to list and trade Washington, DC 20549–1090. notice is hereby given that on July 12, Monday QQQ Expirations and All submissions should refer to File 2021, MIAX PEARL, LLC (‘‘MIAX Pearl’’ Wednesday QQQ Expirations.35 The Number SR–NYSEAMER–2021–33. This or ‘‘Exchange’’) filed with the Securities Exchange has stated that waiver of the file number should be included on the and Exchange Commission operative delay is consistent with the subject line if email is used. To help the (‘‘Commission’’) the proposed rule protection of investors and the public Commission process and review your change as described in Items I, II, and interest as it would encourage fair comments more efficiently, please use III below, which Items have been competition among exchanges by only one method. The Commission will prepared by the Exchange. The allowing the Exchange to compete post all comments on the Commission’s Commission is publishing this notice to effectively with Phlx by having the internet website (http://www.sec.gov/ solicit comments on the proposed rule ability to list and trade the same rules/sro.shtml). Copies of the change from interested persons. Monday and Wednesday QQQ submission, all subsequent I. Self-Regulatory Organization’s Expirations that Phlx is able to list and amendments, all written statements Statement of the Terms of Substance of trade. For these reasons, the with respect to the proposed rule the Proposed Rule Change Commission believes that the proposed change that are filed with the rule change presents no novel issues Commission, and all written The Exchange is filing a proposal to and that waiver of the 30-day operative communications relating to the amend the fee schedule applicable for delay is consistent with the protection proposed rule change between the MIAX Pearl Equities, an equities trading of investors and the public interest, and Commission and any person, other than facility of the Exchange (the ‘‘Fee 3 will allow the Exchange to remain those that may be withheld from the Schedule’’) to update the Standard competitive with other exchanges. public in accordance with the Rates table and the Liquidity Indicator Accordingly, the Commission hereby provisions of 5 U.S.C. 552, will be Codes and Associated Fees table. The text of the proposed rule change waives the operative delay and available for website viewing and is available on the Exchange’s website at designates the proposed rule change printing in the Commission’s Public 36 http://www.miaxoptions.com/rule- operative upon filing. Reference Room, 100 F Street NE, filings/pearl at MIAX Pearl’s principal At any time within 60 days of the Washington, DC 20549 on official office, and at the Commission’s Public filing of the proposed rule change, the business days between the hours of Reference Room. Commission summarily may 10:00 a.m. and 3:00 p.m. Copies of the temporarily suspend such rule change if filing also will be available for II. Self-Regulatory Organization’s it appears to the Commission that such inspection and copying at the principal Statement of the Purpose of, and action is necessary or appropriate in the office of the Exchange. All comments Statutory Basis for, the Proposed Rule public interest, for the protection of received will be posted without change. Change investors, or otherwise in furtherance of Persons submitting comments are In its filing with the Commission, the the purposes of the Act. If the cautioned that we do not redact or edit Commission takes such action, the Exchange included statements personal identifying information from concerning the purpose of and basis for Commission shall institute proceedings comment submissions. You should to determine whether the proposed rule the proposed rule change and discussed submit only information that you wish any comments it received on the change should be approved or to make available publicly. disapproved. proposed rule change. The text of these All submissions should refer to File statements may be examined at the IV. Solicitation of Comments Number SR–NYSEAMER–2021–33, and places specified in Item IV below. The Interested persons are invited to should be submitted on or before Exchange has prepared summaries, set submit written data, views, and August 16, 2021. forth in sections A, B, and C below, of arguments concerning the foregoing, For the Commission, by the Division of the most significant aspects of such including whether the proposed rule Trading and Markets, pursuant to delegated statements. authority.37 change is consistent with the Act. A. Self-Regulatory Organization’s Comments may be submitted by any of J. Matthew DeLesDernier, Statement of the Purpose of, and the following methods: Assistant Secretary. Statutory Basis for, the Proposed Rule Electronic Comments [FR Doc. 2021–15819 Filed 7–23–21; 8:45 am] Change BILLING CODE 8011–01–P • Use the Commission’s internet 1. Purpose comment form (http://www.sec.gov/ The purpose of the proposed rule rules/sro.shtml); or SECURITIES AND EXCHANGE change is to amend the Exchange’s Fee • Send an email to rule-comments@ COMMISSION Schedule to (i) make conforming sec.gov. Please include File Number SR– changes to the rates of certain liquidity NYSEAMER–2021–33 on the subject [Release No. 34–92452; File No. SR– indicator codes that remove liquidity in line. PEARL–2021–34] the Liquidity Indicator Codes and Paper Comments Self-Regulatory Organizations; MIAX Associated Fees table; (ii) amend the • Send paper comments in triplicate PEARL, LLC; Notice of Filing and Standard Rates table to increase the to Secretary, Securities and Exchange Immediate Effectiveness of a Proposed rebate for Non-Displayed Orders that Rule Change To Amend the MIAX Pearl Add Liquidity from $0.0022 to $0.0025; 35 See Securities Exchange Act Release No. 91614 Equities Fee Schedule and (iii) adopt four Retail Order (April 20, 2021), 86 FR 22082 (April 26, 2021) (SR– liquidity indicator codes and associated Phlx–2021–10). July 20, 2021. fees and rebates for each. 36 For purposes only of waiving the 30-day Pursuant to Section 19(b)(1) of the operative delay, the Commission also has 1 considered the proposed rule’s impact on Securities Exchange Act of 1934 15 U.S.C. 78s(b)(1). efficiency, competition, and capital formation. See 2 17 CFR 240.19b–4. 15 U.S.C. 78c(f). 37 17 CFR 200.30–3(a)(12). 3 See Exchange Rule 1901.

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The Exchange initially filed this orders that yield liquidity indicator RC, Ra, Rb and Rc to reflect the take rate proposal on July 1, 2021 (SR–PEARL– code RC would be subject to the existing change associated with Fee Filing No. 2, 2021–29) and withdrew such filing on fee of $0.0028 per share in securities which established the current fee of July 12, 2021. The Exchange proposes to priced at or above $1.00 and 0.05% of $0.0025 per share for orders in Tapes A, implement the fee change effective July the transaction’s dollar value in B, and C securities that remove liquidity 12, 2021. securities priced below $1.00. in securities priced at or above $1.00.9 • Liquidity indicator code Ra would The purpose of this change is to update Conforming Changes to Liquidity be applied to a Non-Displayed order the Liquidity Indicator Code and Indicator Codes That Remove Liquidity that removes liquidity in Tape A Associated Fees table to reflect the rate On March 25, 2021, the Exchange securities. The Liquidity Indicator Code that is currently in effect and to provide filed its proposal to add liquidity and Associated Fees table would specify greater clarity to Equity Members 10 as to indicator codes to its Fee Schedule.4 that orders that yield liquidity indicator which fee may ultimately be applied to Due to the technological changes code Ra would be subject to the existing their execution as the use of liquidity associated with the proposed liquidity fee of $0.0028 per share in securities indicator codes was implemented on the indicator codes, the Exchange noted that priced at or above $1.00 and 0.05% of Exchange on July 1, 2021. it would issue a trading alert publicly the transaction’s dollar value in announcing the implementation date securities priced below $1.00. Amend the Standard Rate Rebate for when the liquidity indicator codes • Liquidity indicator code Rb would Non-Displayed Orders That Add would be available and that the be applied to a Non-Displayed order Liquidity Exchange anticipated the that removes liquidity in Tape B The Exchange proposes to amend the implementation date to be in either the securities. The Liquidity Indicator Code Standard Rates table and the Liquidity second or third quarter of 2021.5 In Fee and Associated Fees table would specify Indicator Codes and Associated Fees Filing No. 1 the Exchange added new that orders that yield liquidity indicator table to increase the rebate provided for Section (1)(b) to the Fee Schedule, titled code Rb would be subject to the existing Non-Displayed Orders that Add ‘‘Liquidity Indicator Codes and fee of $0.0027 per share in securities Liquidity from $0.0022 to $0.0025 per Associated Fees,’’ showing the liquidity priced at or above $1.00 and 0.05% of share in securities priced at or above indicator codes, the description of each, the transaction’s dollar value in $1.00. and the then current applicable fee or securities priced below $1.00. • Liquidity indicator code Aa would rebate. Specifically, in that filing the • Liquidity indicator code Rc would be applied to a Non-Displayed Order following liquidity indicator codes were be applied to a Non-Displayed order that adds liquidity in Tape A securities. described as follows: that removes liquidity in Tape C The Liquidity Indicator Code and • Liquidity indicator code RA would securities. The Liquidity Indicator Code Associated Fees table would specify that be applied to a Displayed order 6 that and Associated Fees table would specify orders that yield liquidity indicator removes liquidity in Tape A securities. that orders that yield liquidity indicator code Aa would receive a rebate of The Liquidity Indicator Code and code Rc would be subject to the existing $0.0025 per share in securities priced at Associated Fees table would specify that fee of $0.0028 per share in securities or above $1.00 and 0.05% of the orders that yield liquidity indicator priced at or above $1.00 and 0.05% of transaction’s dollar value in securities code RA would be subject to the the transaction’s dollar value in priced below $1.00. existing fee of $0.0028 per share in securities priced below $1.00. • Liquidity indicator code Ab would securities priced at or above $1.00 and Subsequently, on March 31, 2021, the be applied to a Non-Displayed Order 0.05% of the transaction’s dollar value Exchange filed its proposal to that adds liquidity in Tape B securities. in securities priced below $1.00. universally decrease the fee to remove The Liquidity Indicator Code and • Liquidity indicator code RB would liquidity in Tapes A, B, and C securities Associated Fees table would specify that be applied to a Displayed order that priced at or above $1.00 to $0.0025 per orders that yield liquidity indicator removes liquidity in Tape B securities. share.7 However, as the liquidity code Ab would receive a rebate of The Liquidity Indicator Code and indicator codes had not yet been $0.0025 per share in securities priced at Associated Fees table would specify that implemented on the Exchange, the or above $1.00 and 0.05% of the orders that yield liquidity indicator Liquidity Indicator Codes and transaction’s dollar value in securities code RB would be subject to the existing Associated Fees table was not updated priced below $1.00. fee of $0.0027 per share in securities accordingly. On May 27, 2021, the • Liquidity indicator code Ac would priced at or above $1.00 and 0.05% of Exchange issued a Trader Alert be applied to a Non-Displayed Order the transaction’s dollar value in indicating that new supporting that adds liquidity in Tape C securities. securities priced below $1.00. documentation for Liquidity Indicator The Liquidity Indicator Code and • Liquidity indicator code RC would Codes was available and that the new Associated Fees table would specify that be applied to a Displayed order that codes were targeted for use in orders that yield liquidity indicator removes liquidity in Tape C securities. production on July 1, 2021.8 code Ac would receive a rebate of The Liquidity Indicator Code and The Exchange now proposes to amend $0.0025 per share in securities priced at Associated Fees table would specify that the Liquidity Indicator Codes and or above $1.00 and 0.05% of the Associated Fees table for codes RA, RB, transaction’s dollar value in securities 4 See Securities Exchange Act Release No. 91496 priced below $1.00. (April 7, 2021), 86 FR 19303 (April 13, 2021) (SR– 7 See Securities Exchange Act Release No. 91497 The purpose for this proposed change PEARL–2021–10) (‘‘Fee Filing No. 1’’). (April 7, 2021), 86 FR 19290 (April 13, 2021) (SR– 5 See id. PEARL–2021–15) (‘‘Fee Filing No. 2’’). The fee for is for business and competitive reasons. 6 The Exchange notes that, unlike orders that add orders that remove liquidity in Tapes A, B, and C liquidity, whether an order that removes liquidity securities priced below $1.00 were not changed. 9 The rates to remove liquidity in Tapes A, B, and is either Displayed or Non-Displayed does not 8 See Trader Alert, MIAX Pearl Equities—2nd C securities priced below $1.00 remained impact the applicable rate. The Exchange proposes Reminder: Mandatory Specification Updates (May unchanged. Therefore, liquidity indicator codes RA, to provide separate liquidity indicator codes based 27, 2021) available at https:// RB, RC, Ra, Rb, and Rc reflect the correct rate. on whether the order that removes liquidity was www.miaxoptions.com/alerts/2021/05/27/miax- 10 The term ‘‘Equity Member’’ is a Member Displayed or Non-Displayed as a convenience to pearl-equities-2nd-reminder-mandatory-interface- authorized by the Exchange to transact business on Equity Members. specification-updates. MIAX Pearl Equities. See Exchange Rule 1901.

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The Exchange believes that increasing Order that adds liquidity in Tape A, B, charges among its Equity Members and the rebate for Adding Liquidity Non- and C securities. The Liquidity Indicator issuers and other persons using its Displayed Orders from $0.0022 to Code and Associated Fees table would facilities. The Exchange also believes $0.0025 per share for securities priced at specify that orders that yield liquidity that the proposed rule change is or above $1.00 will encourage market indicator code Ar would receive a rebate consistent with the objectives of Section participants to enter Non-Displayed of $0.0025 per share in securities priced 6(b)(5) 18 requirements that the rules of Orders that add liquidity, thereby at or above $1.00 and 0.05% of the an exchange be designed to prevent increasing liquidity and execution transaction’s dollar value in securities fraudulent and manipulative acts and opportunities on the Exchange. priced below $1.00. practices, and to promote just and The rate of $0.0025 is consistent with equitable principles of trade, to foster New Retail Order Liquidity Codes the proposed rate change to the cooperation and coordination with Additionally, the Exchange proposes Standard Rates table for Adding persons engaged in regulating, clearing, to adopt four Retail Order liquidity Liquidity Non-Displayed Orders as settling, processing information with indicator codes; AR, Ar, RR, and Rr, to contained in this proposal. respect to, and facilitating transactions the Liquidity Indicator Codes and • Liquidity indicator code RR would in securities, to remove impediments to Associated Fees table as described be applied to a Displayed Retail Order and perfect the mechanism of a free and below. The purpose of this change is for that removes liquidity in Tape A, B, and open market and a national market business and competitive reasons. The C securities. The Liquidity Indicator system, and, in general, to protect Exchange notes that the use of liquidity Code and Associated Fees table would investors and the public interest, and, indicator codes is not unique to the specify that orders that yield liquidity particularly, is not designed to permit Exchange and are currently utilized and indicator code RR would be subject to unfair discrimination between described in the fee schedules of other the fee of $0.0025 per share in securities customers, issuers, brokers, or dealers. equity exchanges.11 The Exchange priced at or above $1.00 and 0.05% of The Exchange operates in a highly believes that adoption of these liquidity the transaction’s dollar value in fragmented and competitive market in indicator codes and associated fees and securities priced below $1.00. which market participants can readily rebates will further incentivize Equity The rate of $0.0025 is the current fee direct their order flow to competing Members to submit these types of orders in effect for orders that remove venues if they deem fee levels at a to the Exchange, which will result in liquidity.14 particular venue to be excessive or • greater liquidity on the Exchange, Liquidity indicator code Rr would incentives to be insufficient. More thereby increasing execution be applied to a Non-Displayed Retail specifically, the Exchange is only one of opportunities on the Exchange. Order that removes liquidity in Tape A, sixteen registered equities exchanges, • Liquidity indicator code AR would B, and C securities. The Liquidity and there are a number of alternative 12 be applied to a Displayed Retail Order Indicator Code and Associated Fees trading systems and other off-exchange that adds liquidity in Tape A, B, and C table would specify that orders that venues, to which market participants securities. The Liquidity Indicator Code yield liquidity indicator code Rr would may direct their order flow. Based on and Associated Fees table would specify be subject to the fee of $0.0025 per share publicly available information, no single that orders that yield liquidity indicator in securities priced at or above $1.00 registered equities exchange currently code AR would receive a rebate of and 0.05% of the transaction’s dollar has more than approximately 16% of $0.0037 per share in securities priced at value in securities priced below $1.00. the total market share of executed The rate of $0.0025 is the current fee or above $1.00 and 0.05% of the volume of equities trading.19 Thus, in in effect for orders that remove transaction’s dollar value in securities such a low-concentrated and highly liquidity.15 The Exchange also proposes priced below $1.00. competitive market, no single equities to add the above Retail Order liquidity The Exchange notes that the proposed exchange possesses significant pricing indicator codes to the Standard Rates rebate is comparable to, and competitive power in the execution of order flow, table. Specifically, liquidity indicator with, the rebate provided by at least one and the Exchange currently represents other exchange for Retail Orders in code AR would be added to the ‘‘Adding Liquidity Displayed Order’’ less than 1% of the overall market share. securities priced at or above $1.00 per Accordingly, competitive forces 13 column and liquidity indicator code Ar share that add liquidity. constrain the Exchange’s transaction • Liquidity indicator code Ar would would be added to the ‘‘Adding fees and rebates generally, including be applied to a Non-Displayed Retail Liquidity Non-Displayed Order’’ column. Liquidity indicator codes RR with respect to Removing Liquidity and Retail Orders that Add and Remove 11 The use of liquidity indicator codes is not and Rr would be added to the novel and liquidity indicator codes are currently ‘‘Removing Liquidity’’ column of the Liquidity. The Exchange believes the utilized by other equity exchanges. For example, Standard Rates table. proposed rule change to be a reasonable see the fee schedules of the Investors Exchange LLC and competitive pricing structure (‘‘IEX’’) available at https://iextrading.com/trading/ 2. Statutory Basis designed to incentivize market fees/; and MEMX LLC (‘‘MEMX’’) available at https://info.memxtrading.com/fee-schedule/. The Exchange believes that its participants to add aggressively priced 12 A ‘‘Retail Order’’ is an agency or riskless proposal to amend its Fee Schedule is Retail Orders and direct their order flow principal order that meets the criteria of FINRA consistent with Section 6(b) of the Act 16 to the Exchange, which the Exchange Rule 5320.03 that originates from a natural person believes would promote price discovery and is submitted to the Exchange by a Retail in general, and furthers the objectives of Member Organization, provided that no change is Section 6(b)(4) of the Act 17 in and price formation, provide more made to the terms of the order with respect to price particular, in that it is an equitable trading opportunities and tighter or side of market and the order does not originate allocation of reasonable fees and other spreads, and deepen liquidity, thereby from a trading algorithm or any other computerized enhancing market quality to the benefit methodology. See Exchange Rule 2626(a)(2). 14 of all Equity Members and investors. 13 See the MEMX LLC, (‘‘MEMX’’) Fee Schedule, See Securities Exchange Act Release No. 91497 effective June 1, 2021, on its public website (April 7, 2021), 86 FR 19290 (April 13, 2021) (SR– available at https://info.memxtrading.com/fee- PEARL–2021–15). 18 15 U.S.C. 78f(b)(5). schedule/ which establishes a rebate rate of $0.0037 15 See id. 19 Market share percentage calculated as of June for Retail Orders that add liquidity in Tape A 16 15 U.S.C. 78f(b). 24, 2021. The Exchange receives and processes data securities priced at or above $1.00. 17 15 U.S.C. 78f(b)(4). made available through consolidated data feeds.

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The Exchange notes that the use of Equity Members equally. Additionally, Additionally, the rate of $0.0025 for liquidity indicator codes is not unique the Exchange believes its proposed orders that remove liquidity in to the Exchange and are currently change is reasonable as it is competitive securities priced at or above $1.00 was utilized and described in the fee and in line with rebates offered for established by the Exchange in a schedules of other equity exchanges.20 similar orders on at least one other previous filing 26 and adopting a fee in Further, the Exchange also believes its exchange.21 the same amount for similar orders is proposal is not unfairly discriminatory reasonable and not unfairly New Retail Order Liquidity Codes because the proposed changes will discriminatory and promotes apply equally to all Equity Members. The Exchange’s proposal to adopt four consistency and uniformity in the new Retail Order liquidity indicator Exchange’s Fee Schedule. Conforming Changes to Liquidity codes is reasonable and not unfairly The Exchange believes its proposal Indicator Codes That Remove Liquidity discriminatory as it will apply to all provides for the equitable allocation of As set forth above, the Exchange filed Equity Members equally. The Exchange reasonable dues and fees and is not Fee Filing No. 1 to adopt liquidity notes that the use of liquidity indicator unfairly discriminatory. For the reasons indicator codes and included the then- codes is not novel and that liquidity discussed above, the Exchange submits current rates. Subsequently, in Fee indicator codes are used by other equity that the proposal satisfies the Filing No. 2, the Exchange reduced the exchanges.22 requirements of Sections 6(b)(4) and fee for orders in Tapes A, B, and C The Exchange’s [sic] believes its 6(b)(5) of the Act in that it provides for securities that remove liquidity in proposal to establish a rebate of $0.0037 the equitable allocation of reasonable securities priced at or above $1.00 to for a Retail Displayed Order that adds dues, fees and other charges among its $0.0025 per share. Liquidity indicator liquidity for securities priced at or Members and other persons using its codes RA, RB, RC, Ra, Rb, and Rc are above $1.00 is reasonable as it is facilities and is not designed to unfairly appended to orders that remove competitive and in line with the rebate discriminate between customers, liquidity. The Exchange believes its offered for similar Retail Orders on at issuers, brokers, or dealers. As described proposal to update the Liquidity least one other exchange.23 more fully below in the Exchange’s Indicator Codes and Associated Fees The Exchange’s proposal to establish statement regarding the burden on table to reflect the current rate of a rebate of $0.0025 for orders with a competition, the Exchange believes that $0.0025 per share for securities priced at liquidity indicator code of Ar, Retail its transaction pricing is subject to or above $1.00 with liquidity indicator Non-Displayed Orders that add significant competitive forces, and that codes RA, RB, RC, Ra, Rb, or Rc is liquidity, is reasonable as this rate is the proposed fees and rebates described equitable and reasonable because it consistent with the proposed rate herein are appropriate to address such updates the liquidity indicator code change contained herein for Liquidity forces. table to reflect the established rate that Adding Non-Displayed Orders. The The Exchange believes the Liquidity is currently in effect and will apply Exchange believes its proposed change Indicator Codes and Associated Fees equally to all Equity Members of the is reasonable as it is competitive and in table will make the Fee Schedule clearer Exchange. line with rebates offered for similar and eliminate the potential for orders on at least one other exchange.24 confusion in regard to fees charged and Amend the Standard Rate Rebate for The Exchange believes its proposal to rebates earned, thereby removing Non-Displayed Orders That Add adopt liquidity indicator codes for impediments to, and perfecting the Liquidity Retail Displayed Orders that remove mechanism of a free and open market The Exchange’s proposal to increase liquidity (RR) and for Retail Non- and a national market system, and, in the rebate provided for orders that add Displayed Orders that remove liquidity general, protecting investors and the liquidity in securities priced at or above (Rr) is reasonable and not unfairly public interest. Further, as noted above, $1.00 from $0.0022 to $0.0025 per share discriminatory as the use of liquidity this practice is consistent with the is reasonable and equitably allocated indicator codes is used on other equity pricing practices of other exchanges.27 among all Equity Members of the exchanges.25 Exchange. Liquidity indicator codes Aa, The Exchange believes its proposal to B. Self-Regulatory Organization’s Ab, and Ac are appended to orders that establish a fee of $0.0025 for Retail Statement on Burden on Competition add liquidity. The Exchange believes Displayed Orders that remove liquidity The Exchange does not believe that that the proposed increase to $0.0025 (RR) and for Retail Non-Displayed the proposed change will impose any per share is reasonable in that it Orders that remove liquidity (Rr) is burden on competition not necessary or represent [sic] a modest increase reasonable and not unfairly appropriate in furtherance of the ($0.003) [sic] from the current rebate for discriminatory as it applies equally to purposes of the Act. The Exchange such executions ($0.0022 per share). all Equity Members of the Exchange. believes the proposed change would The Exchange believes that this change encourage the submission of additional 21 See the MEMX LLC, (‘‘MEMX’’) Fee Schedule, order flow to the Exchange, thereby is a reasonable means by which to effective June 1, 2021, on its public website incentivize Equity Members to submit available at https://info.memxtrading.com/fee- promoting market depth, enhanced Non-Displayed Orders that add liquidity schedule/ which establishes a rebate rate of $0.0020 execution opportunities, as well as price to the benefit of all market participants. for non-displayed volume that adds liquidity in discovery and transparency for all Tape A securities priced at or above $1.00; and a Equity Members. Furthermore, the The Exchange believes its proposal is rebate of $0.0025 for non-displayed Midpoint Peg equitable and not unfairly Orders that add liquidity in Tape A securities Exchange believes that the proposed discriminatory as it will apply to all priced at or above $1.00. changes would allow the Exchange to 22 See supra note 11. continue to compete with other routing 20 The use of liquidity indicator codes is not 23 See supra note 13. and execution venues by providing novel and liquidity indicator codes are currently 24 See the MEMX LLC, (‘‘MEMX’’) Fee Schedule, competitive pricing for transactions in utilized by other equity exchanges. For example, effective June 1, 2021, on its public website Adding Liquidity Non-Displayed Orders see the fee schedules of the Investors Exchange LLC available at https://info.memxtrading.com/fee- (‘‘IEX’’) available at https://iextrading.com/trading/ schedule/ which establishes a fee of $0.00265 for fees/; and MEMX LLC (‘‘MEMX’’) available at orders that remove volume from the exchange. 26 See supra note 7. https://info.memxtrading.com/fee-schedule/. 25 See supra note 11. 27 See supra note 11.

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and also Retail Orders, thereby making concentrated and highly competitive ‘no exchange possess a monopoly, it a desirable destination. As a result, market, no single equities exchange regulatory or otherwise, in the execution the Exchange believes that the proposed possesses significant pricing power in of order flow from broker dealers’ change furthers the goal in adopting the execution of order flow. Moreover, . . .’’.32 Accordingly, the Exchange does Regulation NMS of fostering the Exchange believes that the ever- not believe its proposed pricing changes competition among orders, which shifting market share among the impose any burden on competition that promotes ‘‘more efficient pricing of exchanges from month to month is not necessary or appropriate in individual stocks for all types of orders, demonstrates that market participants furtherance of the purposes of the Act. large and small.’’ 28 can shift order flow in response to new or different pricing structures being C. Self-Regulatory Organization’s Intramarket Competition introduced to the market. Accordingly, Statement on Comments on the The Exchange believes that the competitive forces constrain the Proposed Rule Change Received From proposed changes would incentivize Exchange’s transaction fees and rebates Members, Participants, or Others market participants to direct order flow generally, including with respect to Written comments were neither to the Exchange. Greater liquidity Retail Orders and Adding Liquidity solicited nor received. benefits all Equity Members by Non-Displayed Orders, as market III. Date of Effectiveness of the providing more trading opportunities participants can readily choose to send Proposed Rule Change and Timing for their orders to other exchanges and off- and encourages Equity Members to send Commission Action orders to the Exchange, thereby exchange venues if they deem fee levels contributing to robust levels of liquidity, at those other venues to be more The foregoing rule change has become which benefits all Equity Members. The favorable. As described above, the effective pursuant to Section proposed fees and rebates for Retail proposed changes are competitive 19(b)(3)(A)(ii) of the Act,33 and Rule Orders and the proposed rebate for proposals through which the Exchange 19b–4(f)(2) 34 thereunder. At any time Adding Liquidity Non-Displayed Orders is seeking to encourage certain order within 60 days of the filing of the would be available to all similarly flow to the Exchange and to promote proposed rule change, the Commission situated market participants, and, as market quality through pricing summarily may temporarily suspend such, the proposed change would not incentives that are similar in structure such rule change if it appears to the impose a disparate burden on and purpose to pricing programs at Commission that such action is competition among market participants other Exchanges.30 Accordingly, the necessary or appropriate in the public on the Exchange. Exchange believes the proposal would interest, for the protection of investors, The Exchange does not believe its not burden, but rather promote, or otherwise in furtherance of the adoption of new liquidity indicator intermarket competition by enabling it purposes of the Act. If the Commission codes for Retail Orders will impose any to better compete with other exchanges takes such action, the Commission shall burden on intramarket competition. The that offer similar incentives to market institute proceedings to determine use of liquidity indicator codes is not participants that enhance market whether the proposed rule should be new or novel as liquidity indicator quality. approved or disapproved. Additionally, the Commission has codes are used on other equity IV. Solicitation of Comments exchanges.29 Additionally, the use of repeatedly expressed its preference for liquidity indicator codes is applied competition over regulatory Interested persons are invited to equally to all Equity Members and intervention in determining prices, submit written data, views, and provides additional specificity to the fee products, and services in the securities arguments concerning the foregoing, schedule so that Equity Members may markets. Specifically, in Regulation including whether the proposed rule connect an execution to the applicable NMS, the Commission highlighted the change is consistent with the Act. fee or rebate. importance of market forces in Comments may be submitted by any of As such, the Exchange believes the determining prices and SRO revenues the following methods: proposed changes would not impose and, also, recognized that current Electronic Comments any burden on intramarket competition regulation of the market system ‘‘has • Use the Commission’s internet that is not necessary or appropriate in been remarkably successful in comment form (http://www.sec.gov/ furtherance of the purposes of the Act. promoting market competition in its rules/sro.shtml); or broader forms that are most important to • Intermarket Competition investors and listed companies.’’ 31 The Send an email to rule-comments@ The Exchange believes its proposal fact that this market is competitive has sec.gov. Please include File Number SR– will benefit competition as the also long been recognized by the courts. PEARL–2021–34 on the subject line. Exchange operates in a highly In NetCoalition v. Securities and Paper Comments competitive market. Equity Members Exchange Commission, the D.C. circuit • Send paper comments in triplicate have numerous alternative venues that stated: ‘‘[n]o one disputes that to Secretary, Securities and Exchange they may participate on and direct their competition for order flow is ‘fierce.’ Commission, 100 F Street NE, order flow to, including fifteen other . . . As the SEC explained, ‘[i]n the U.S. Washington, DC 20549–1090. equities exchanges and numerous national market system, buyers and All submissions should refer to File alternative trading systems and other sellers of securities, and the broker- Number SR–PEARL–2021–34. This file off-exchange venues. As noted above, no dealers that act as their routing agents, number should be included on the single registered equities exchange have a wide range of choices of where subject line if email is used. To help the currently has more than 16% of the total to route orders for execution’; [and] ‘no market share of executed volume of exchange can afford to take its market 32 NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. equities trading. Thus, in such a low- share percentages for granted’ because Cir. 2010) (quoting Securities Exchange Act Release No. 59039 (December 2, 2008), 73 FR 74770, 74782– 28 See Securities Exchange Act Release No. 51808 30 See supra notes 21, 23, and 24. 83 (December 9, 2008) (SR–NYSE–2006–21)). (June 9, 2005), 70 FR 47396 (June 29, 2005). 31 See Securities Exchange Act Release No. 51808 33 15 U.S.C. 78s(b)(3)(A)(ii). 29 See supra note 11. (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005). 34 17 CFR 240.19b–4(f)(2).

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Commission process and review your (‘‘Commission’’) the proposed rule venues if they deem fee levels at a comments more efficiently, please use change as described in Items I, II, and particular venue to be excessive or only one method. The Commission will III below, which Items have been incentives to be insufficient. More post all comments on the Commission’s prepared by the Exchange. The specifically, the Exchange is only one of internet website (http://www.sec.gov/ Commission is publishing this notice to 16 registered equities exchanges, as well rules/sro.shtml). Copies of the solicit comments on the proposed rule as a number of alternative trading submission, all subsequent change from interested persons. systems and other off-exchange venues amendments, all written statements that do not have similar self-regulatory I. Self-Regulatory Organization’s with respect to the proposed rule responsibilities under the Exchange Act, Statement of the Terms of Substance of change that are filed with the to which market participants may direct the Proposed Rule Change Commission, and all written their order flow. Based on publicly communications relating to the Cboe EDGX Exchange, Inc. (the available information,4 no single proposed rule change between the ‘‘Exchange’’ or ‘‘EDGX’’ or ‘‘EDGX registered equities exchange has more Commission and any person, other than Equities’’) proposes to amend its Fee than 16% of the market share. Thus, in those that may be withheld from the Schedule. The text of the proposed rule such a low-concentrated and highly public in accordance with the change is provided in Exhibit 5. competitive market, no single equities provisions of 5 U.S.C. 552, will be The text of the proposed rule change exchange possesses significant pricing available for website viewing and is also available on the Exchange’s power in the execution of order flow. printing in the Commission’s Public website (http://markets.cboe.com/us/ The Exchange in particular operates a _ Reference Room, 100 F Street NE, options/regulation/rule filings/edgx/), ‘‘Maker-Taker’’ model whereby it pays Washington, DC 20549, on official at the Exchange’s Office of the rebates to members that add liquidity business days between the hours of Secretary, and at the Commission’s and assesses fees to those that remove 10:00 a.m. and 3:00 p.m. Copies of the Public Reference Room. liquidity. The Exchange’s Fee Schedule filing also will be available for II. Self-Regulatory Organization’s sets forth the standard rebates and rates inspection and copying at the principal Statement of the Purpose of, and applied per share for orders that provide office of the Exchange. All comments Statutory Basis for, the Proposed Rule and remove liquidity, respectively. received will be posted without change. Change Currently, for orders in securities priced Persons submitting comments are at or above $1.00, the Exchange cautioned that we do not redact or edit In its filing with the Commission, the provides a standard rebate of $0.00160 personal identifying information from Exchange included statements per share for orders that add liquidity comment submissions. You should concerning the purpose of and basis for and assesses a fee of $0.00280 per share submit only information that you wish the proposed rule change and discussed for orders that remove liquidity. For to make available publicly. All any comments it received on the orders in securities priced below $1.00, submissions should refer to File proposed rule change. The text of these the Exchange provides a standard rebate Number SR–PEARL–2021–34, and statements may be examined at the of $0.00009 per share for orders that add should be submitted on or before places specified in Item IV below. The liquidity and assesses a fee of 0.30% of August 16, 2021. Exchange has prepared summaries, set total dollar value for orders that remove For the Commission, by the Division of forth in sections A, B, and C below, of liquidity. Additionally, in response to Trading and Markets, pursuant to delegated the most significant aspects of such the competitive environment, the authority.35 statements. Exchange also offers tiered pricing J. Matthew DeLesDernier, A. Self-Regulatory Organization’s which provides Members opportunities Assistant Secretary. Statement of the Purpose of, and to qualify for higher rebates or reduced [FR Doc. 2021–15814 Filed 7–23–21; 8:45 am] Statutory Basis for, the Proposed Rule fees where certain volume criteria and BILLING CODE 8011–01–P Change thresholds are met. Tiered pricing provides an incremental incentive for 1. Purpose Members to strive for higher tier levels, SECURITIES AND EXCHANGE The Exchange proposes to amend its which provides increasingly higher COMMISSION Fee Schedule applicable to its equities benefits or discounts for satisfying [Release No. 34–92445; File No. SR– trading platform (‘‘EDGX Equities’’) to increasingly more stringent criteria. CboeEDGX–2021–033] (1) modify the standard rate for securities priced at or above $1.00 that Standard Rate: Securities at or Above Self-Regulatory Organizations; Cboe remove liquidity, (2) remove certain fee $1.00 That Remove Liquidity EDGX Exchange, Inc.; Notice of Filing codes in connection with As stated above, the Exchange and Immediate Effectiveness of a internalization, (3) adopt a new tier currently assesses a standard rate of Proposed Rule Change To Amend Its under each of the Growth Tiers, the $0.00280 per share for orders that Fee Schedule Non-Displayed Step-Up Volume Tier, remove liquidity in securities priced at and the Remove Volume Tiers, and, as $1.00 or more. The Exchange proposes July 20, 2021. a result, define the term ‘‘Step-Up to amend the standard rate for orders Pursuant to Section 19(b)(1) of the ADAV’’, and (4) eliminate a Remove that remove liquidity in securities Securities Exchange Act of 1934 (the 3 1 2 Volume Tier and a Retail Volume Tier. priced at $1.00 or more from a fee of ‘‘Act’’), and Rule 19b–4 thereunder, The Exchange first notes that it $0.00280 per share to $0.00285 per notice is hereby given that on July 13, operates in a highly competitive market share and reflects this change in the Fee 2021, Cboe EDGX Exchange, Inc. in which market participants can Codes and Associated Fee where (‘‘Exchange’’ or ‘‘EDGX’’) filed with the readily direct order flow to competing applicable (i.e., corresponding to Securities and Exchange Commission 3 The Exchange initially filed the proposed fee 4 See Cboe Global Markets, U.S. Equities Market 35 17 CFR 200.30–3(a)(12). changes July 1, 2021 (SR–CboeEDGX–2021–031). Volume Summary, Month-to-Date (June 23, 2021), 1 15 U.S.C. 78s(b)(1). On July 13, 2021 the Exchange withdrew that filing available at https://markets.cboe.com/us/equities/ 2 17 CFR 240.19b–4. and submitted this proposal. market_statistics/.

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standard fee codes N, W, 6, BB and ZR). Member’s rate for internalization (fee currently offers two Remove Volume The Exchange notes that the proposed codes EA or ER) decreases to ‘‘free’’ per Tiers. For example, Remove Volume standard rate is in line with, yet also share per side if a Member adds an ADV Tier 1 currently offers a reduced fee of competitive with, rates assessed by of at least 10,000,000 shares. $0.0027 per share on qualifying orders other equities exchanges on orders in 13 New Growth, Non-Displayed Step-Up yielding fee codes BB, N and W in securities priced at $1.00 or more.5 Volume, and Remove Volume Tier securities priced at or above $1.00 and Eliminate Internalization Fee Codes 0.28% of total dollar value on qualifying Under footnote 1 of the Fee Schedule orders in securities process below $1.00, The Fee Codes and Associate Fees the Exchange currently offers various where a Member (1) has an ADAV 14 section of the Fee Schedule lists all Add/Remove Volume Tiers. greater than or equal to 0.25% TCV with available fee codes for orders on EDGX. Specifically, the Exchange offers two In particular, current fee code EA is Growth Tiers that each provide an displayed orders that yield fee codes B, appended to internalization 6 orders that enhanced rebate for Members’ V or Y, or (2) adds Retail Order ADV add displayed liquidity and current fee qualifying orders yielding fee codes B, (i.e., yielding fee code ZA) greater than code ER is appended to internalization V, Y, 3 and 4,8 where a Member reaches or equal to 0.45% of the TCV. orders that remove displayed liquidity. certain add volume-based criteria, The Exchange now proposes to adopt Orders that yield fee code EA and ER including ‘‘growing’’ its volume over a a new Growth Tier 2, a new Non- are assessed a fee of $0.0005 per share certain baseline month. For example, Displayed Step-Up Volume Tier 2,15 and in securities priced at or above $1.00 Growth Tier 1 provides an enhanced a new Remove Volume Tier 1.16 Each and 0.15% of the dollar value in rebated of $0.0026 per share on new tier provides the same set of securities priced below $1.00.7 The qualifying orders (i.e., orders yielding additional criteria in which Members Exchange now proposes to eliminate fee code B, V, Y, 3 and 4) where a may strive to achieve to receive an these fee codes. The Exchange notes that Member (1) adds an ADV 9 of greater enhanced rebate or reduced fee, as 10 a majority of other equities exchanges than or equal to 0.20% of the TCV, applicable—a Member must (1) add a 11 do not assess different rates for and (2) has a Step-Up Add TCV from Step-Up ADAV from June 2021 greater internalization orders, and therefore, in March 2019 that is greater than or equal than or equal to 0.10% of the TCV, or order to remain competitive with rates to 0.10%. The Exchange also offers one add a Step-Up ADAV from June 2021 assessed on orders that add or remove Non-Displayed Step-Up Volume Tiers greater than or equal to 8,000,000, (2) liquidity on most other equities that provides an enhanced rebate for and have a total remove ADV greater exchanges, the Exchange wishes to also Members’ orders yielding fee codes DM, than or equal to 0.70% of the TCV. The not apply a different rate for such orders HA, MM, and RP,12 where a Member proposed rule change also adopts a new that are internalized. Internalization may receive an enhanced rebated of orders that add or remove liquidity will $0.0025 per share on qualifying orders definition, under the definitions section simply yield the applicable existing fee (i.e., orders yielding fee code DM, HA, of the Fee Schedule, for the term ‘‘Step- codes for all other orders that add or MM or RP) where a Member (1) has a Up ADAV’’, as referenced in each of the remove liquidity and receive the same Step-Up Add TCV from January 2021 proposed new tiers. Specifically, as corresponding rates that currently apply greater than or equal to 0.10%, (2) adds proposed ‘‘Step-up ADAV’’ means to all other orders that add or remove an ADV greater than or equal to 0.50% ADAV in the relevant baseline month liquidity. For example, an of the TCV, and (3) removes an ADV subtracted from current ADAV. internalization order that adds liquidity greater than or equal to 0.75% of the For achieving the proposed criteria, a in Tape B securities will yield existing TCV. Finally, the Exchange also Member will receive a proposed fee code B and receive the current enhanced rebate of $0.0027 per share on corresponding rebate of $0.00160 for 8 B is appended to orders that add liquidity to qualifying orders (i.e., yielding fee codes securities priced at or above $1.00 or EDGX in Tape B securities, V is appended to order that add liquidity to EDGX in Tape A securities, Y B, V, Y, 3 and 4) pursuant to proposed $0.00009 for securities priced below a is appended to orders that add liquidity to EDGX Growth Tier 2, a proposed enhanced $1.00. The Exchange also notes that as in Tape C securities, 3 is appended to orders that rebate of $0.0025 per share on a result of the proposed deletion of add liquidity to EDGX in pre and post market in qualifying orders (i.e., yielding fee codes these fee codes, the proposed rule Tape A or C securities, and 4 is appended to orders that add liquidity to EDGX in pre and post market DM, HA, MM and RP) pursuant to change deletes footnote 7 of the Fee in Tape A or C securities. Each is provided the proposed Non-Displayed Step-Up Schedule, which provides that a standard rebate of $0.00160. Volume Tier 2, and a proposed reduced 9 ADV means average daily volume calculated as fee of $0.00275 per share on qualifying 5 See Nasdaq Pricing 7, Section 118(a)(1), which, the number of shares added to, removed from, or for example, assesses a charge of $0.0030 for routed by, the Exchange, or any combination or orders (i.e., yielding fee codes BB, N and member orders that execute against resting subset thereof, per day. ADV is calculated on a W) in securities priced at or above $1.00 midpoint liquidity, and that that execute in the monthly basis. and 0.28% of total dollar value in Nasdaq Market Center generally, in securities 10 TCV means total consolidated volume priced at $1.00 or more; and NYSE American calculated as the volume reported by all exchanges Equities Price List, NYSE American Trading Fees and trade reporting facilities to a consolidated 13 BB is appended to orders that remove liquidity and Credits, Section I.A.1.a, Standard Rates, which transaction reporting plan for the month for which from EDGX in Tape B securities, N is appended to assesses a standard rate of $0.0030 per share (unless the fees apply. orders that remove liquidity from EDGX in Tape C member adds ADV of at least 10,000 shares) for 11 Step-Up Add TCV means ADAV as a securities, and W is appended to orders that remove orders in securities priced at or above $1 that percentage of TCV in the relevant baseline month liquidity from EDGX in Tape A securities. Each, as remove liquidity. subtracted from current ADAV as a percentage of proposed, is assessed a fee of $0.00285. 6 An internalized trade is a trade where the two TCV. 14 ADAV means average daily added volume orders inadvertently match against each other and 12 DM is appended to orders that add liquidity calculated as the number of shares added per day. share the same Market Participant Identifier using MidPoint Discretionary order within ADAV is calculated on a monthly basis. (‘‘MPID’’). discretionary range; HA is appended to non- 15 As a result, the proposed rule change updates 7 Additionally, if a Member adds an ADV of at displayed orders that add liquidity; MM is the name of the current Non-Displayed Step-Up least 10,000,000 shares, then the Member’s rate for appended to non-displayed orders that add Tier to Non-Displayed Step-Up Tier 1. internalization (fee codes EA or ER) decreases to liquidity using Mid-Point Peg; and RP is appended 16 As a result, the proposed rule change updates FREE per share per side, for securities priced at, to non-displayed orders that add liquidity using the name the current Remove Volume Tier 1 to above, or below $1. See EDGX Fee Schedule, Supplemental Peg. Each is provided a rebate of Remove Volume Tier 2. Note that current Remove Footnote 7. $0.00100. Volume Tier 3 is being deleted as proposed herein.

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securities priced below $1.00 pursuant Retail Volume Tier 3 as no Members are Exchange and its competing exchanges to proposed Remove Volume Tier 1.17 currently satisfying the criteria under seek to offer similar pricing structures, Overall, the new Growth, Non- these tiers, nor have satisfied such including assessing comparable Displayed Step-Up Volume, and criteria over the last three months. The standard fees for orders in securities Remove Volume tiers are designed to Exchange no longer wishes to, nor is it priced at or above $1.00.21 Thus, the provide Members with an additional required to, maintain such tiers. More Exchange believes the proposed opportunity to receive an enhanced specifically, the proposed rule change standard rate change is reasonable as it rebate or reduced fee by increasing their removes these tiers as the Exchange is generally aligned with and order flow to the Exchange, which would rather redirect future resources competitive with the amounts assessed further contributes to a deeper, more and funding into other programs and for the orders in securities at or above liquid market and provides even more tiers intended to incentivize increased $1.00 on other equities exchanges. The execution opportunities for active order flow. Exchange also believes that amending this standard rate amount represents an market participants. Incentivizing an 2. Statutory Basis increase in both liquidity adding equitable allocation of fees and is not volume and in liquidity removing The Exchange believes that the unfairly discriminatory because they volume, through additional criteria and proposed rule change is consistent with will continue to automatically apply to 18 enhanced rebate opportunities, the objectives of Section 6 of the Act, all Members’ orders that remove encourages liquidity adding Members in general, and furthers the objectives of liquidity in securities at or above $1.00 19 on the Exchange to contribute to a Section 6(b)(4), in particular, as it is uniformly. deeper, more liquid market, and designed to provide for the equitable The Exchange also believes the liquidity executing Members on the allocation of reasonable dues, fees and proposed rule change to remove fee Exchange to increase transactions and other charges among its Members and codes EA and ER is reasonable as the take execution opportunities provided issuers and other persons using its Exchange has observed that a majority by such increased liquidity, together facilities. The Exchange also believes of other equities exchanges do not providing for overall enhanced price that the proposed rule change is assess a different rate for internalization discovery and price improvement consistent with the objectives of Section orders that add or remove liquidity, and 20 opportunities on the Exchange. As such, 6(b)(5) requirements that the rules of therefore, seeks to more competitively increased overall order flow benefits all an exchange be designed to prevent align its rates assessed on orders that Members by contributing towards a fraudulent and manipulative acts and add or remove liquidity with those robust and well-balanced market practices, to promote just and equitable assessed on other equities exchanges by ecosystem. principles of trade, to foster cooperation also not applying a different rate for and coordination with persons engaged internalized orders. The Exchange Eliminate a Remove Volume Tier and in regulating, clearing, settling, believes that it is reasonable, equitable Retail Volume Tier processing information with respect to, and not unfairly discriminatory to Finally, the Exchange proposes to and facilitating transactions in assess internalization orders that add or eliminate Remove Volume Tier 2 and securities, to remove impediments to remove liquidity the same existing Retail Volume Tier 3. Current Remove and perfect the mechanism of a free and corresponding rates currently applied to Volume Tier 2 provides a reduced fee of open market and a national market orders that add or remove liquidity that $0.0026 on qualifying orders (i.e., system, and, in general, to protect are not internalized. Such current rates yielding fee codes BB, N and W) in investors and the public interest, and, will apply automatically and uniformly securities priced at or above $1.00 and particularly, is not designed to permit to internalizing orders that add or 0.28% of total dollar value in securities unfair discrimination between remove liquidity as they do today for all priced below $1.00, where a Member (1) customers, issuers, brokers, or dealers. other orders that add or remove has a Step-Up Add TCV from January As described above, the Exchange liquidity. 2021 greater than or equal to 0.15%, (2) operates in a highly competitive market Also, as described above, the has an ADAV greater than or equal to in which market participants can Exchange notes that relative volume- 0.08% of the TCV for Non-Displayed readily direct order flow to competing based incentives and discounts have venues if they deem fee levels at a been widely adopted by exchanges,22 orders that yield fee codes DM, HA, HI, 23 MM, or RP, and (3) removes an ADV particular venue to be excessive or including the Exchange, and are greater than or equal to 0.75% of the incentives to be insufficient. The reasonable, equitable and non- TCV. Current Retail Volume Tier 3 proposed rule changes reflect a discriminatory because they are open to offers an enhanced rebate of $0.0037 per competitive pricing structure designed all members on an equal basis and share on qualifying orders (i.e., yielding to incentivize market participants to provide additional benefits or discounts fee code ZA), where a Member (1) has direct their order flow to the Exchange, that are reasonably related to (i) the a Retail Step-Up Add TCV (i.e., yielding which the Exchange believes would value to an exchange’s market quality fee code ZA) from May 2020 greater enhance market quality to the benefit of and (ii) associated higher levels of than or equal to 0.10%, and (2) removes all Members. market activity, such as higher levels of an ADV greater than or equal to 0.70% Regarding the proposed change to the liquidity provision and/or growth of the TCV. The Exchange proposes to standard rates, the Exchange believes patterns. Competing equity exchanges eliminate Remove Volume Tier 2 and that amending the standard rate for offer similar tiered pricing structures, orders that remove liquidity in including schedules of rebates and fees 17 As a result of the five decimal format of the securities priced at or above $1.00 is proposed reduced fee in proposed Remove Volume reasonable because, as stated above, in 21 See supra note 5. Tier 1, the proposed rule change also updates the order to operate in the highly 22 See generally NYSE Price List, Transaction decimal format of the reduced fee that currently competitive equities markets, the Fees; Nasdaq Equity 7, Section 118(a)(1), Fees for corresponds to Remove Volume Tier 2 (current Tier Execution and Routing of Orders in Nasdaq-Listed 1) in order to provide uniformity across the Remove Securities; and BZX Equities Fee Schedule, Volume tiers. This formatting update does not alter 18 15 U.S.C. 78f. Footnote 1, Add/Remove Volume Tiers. the current reduced fee amount offered under 19 15 U.S.C. 78f(b)(4). 23 See EDGX Equities Fee Schedule, Footnote 1, Remove Volume Tier 2 (current Tier 1). 20 15 U.S.C. 78f(b)(5). Add/Remove Volume Tiers.

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that apply based upon members is incrementally more difficult than that Furthermore, the proposed rule change achieving certain volume and/or growth of Growth Tier 1 and thus appropriately to eliminate both Remove Volume Tier thresholds, as well as assess similar fees offers a greater incentive, the proposed 2 and Retail Volume Tier 3 enables the or rebates for similar types of orders, to criteria in new Remove Volume Tier 1 Exchange to redirect resources and that of the Exchange. is incrementally less difficult than that funding into other programs and tiers In particular, the Exchange believes of Remove Volume Tier 2 (current Tier intended to incentivize increased order the proposed new Growth, Non- 1) 24 and thus appropriately offers a flow. Displayed Step-Up Volume, and lesser incentive, and the proposed B. Self-Regulatory Organization’s Remove Volume tiers are reasonable criteria in new Non-Displayed Step-Up Statement on Burden on Competition because each new tier will be available Volume Tier 2 is about the same in to all Members, as the existing tiers difficulty as the current Non-Displayed The Exchange does not believe that currently are, and provide all Members Step-Up Volume Tier and thus the proposed rule changes will impose with an additional opportunity to appropriately offers the same incentive. any burden on competition not receive an enhanced rebate or reduced The Exchange also believes that the necessary or appropriate in furtherance fee, as applicable. The Exchange further proposal represents an equitable of the purposes of the Act. Rather, as believes the proposed new Growth, allocation of fees and rebates and is not discussed above, the Exchange believes Non-Displayed Step-Up, and Remove unfairly discriminatory because all that the proposed change would Volume tiers are a reasonable means to Members are eligible for the new encourage the submission of additional encourage overall growth in Members’ Growth, Non-Displayed Step-Up order flow to a public exchange, thereby overall order flow to the Exchange and Volume, and Remove Volume tiers and promoting market depth, execution to incentivize Members to continue to have the opportunity to meet the tiers’ incentives and enhanced execution provide liquidity adding and liquidity criteria and receive the applicable opportunities, as well as price discovery removing to the Exchange by offering enhanced rebate or reduced fee if such and transparency for all Members. As a them an additional opportunity to criteria is met. Without having a view of result, the Exchange believes that the receive an enhanced rebate or reduced activity on other markets and off- proposed change furthers the fee on qualifying orders than those exchange venues, the Exchange has no Commission’s goal in adopting opportunities currently under the Add/ way of knowing whether this proposed Regulation NMS of fostering Remove Volume Tiers in Footnote 1 of rule change would definitely result in competition among orders, which the Fee Schedule. The Exchange any Members qualifying for the promotes ‘‘more efficient pricing of believes that the proposed tiers will proposed tiers. While the Exchange has individual stocks for all types of orders, generally benefit all market participants no way of predicting with certainty how large and small.’’ by incentivizing continuous liquidity the proposed tiers will impact Member The Exchange believes the proposed and thus, deeper more liquid markets as activity, the Exchange anticipates that at rule change does not impose any burden well as increased execution least five Members will be able to satisfy on intramarket competition that is not opportunities. Indeed, the Exchange the criteria proposed under each of the necessary or appropriate in furtherance notes that greater add volume order flow three new tiers. The Exchange also notes of the purposes of the Act. Particularly, may provide for deeper, more liquid that proposed tiers will not adversely the proposed rule change to update the markets and execution opportunities at impact any Member’s ability to qualify standard fee applicable to liquidity improved prices, and greater remove for reduced fees or enhanced rebate removing orders in securities priced at volume order flow may increase offered under other tiers. Should a or above a $1.00 does not impose any transactions on the Exchange, which the Member not meet the proposed new burden on intramarket competition Exchange believes incentivizes liquidity criteria, the Member will merely not because the standard rate will continue providers to submit additional liquidity receive that corresponding enhanced to apply automatically and uniformly to and execution opportunities. This rebate or reduced fee, as applicable. all liquidity removing orders priced at overall increase in activity deepens the Finally, the Exchange believes the or above $1.00. Similarly, all Members’ Exchange’s liquidity pool, offers proposed rule change to eliminate internalizing orders that add or remove additional cost savings, supports the Remove Volume Tier 2 and Retail liquidity will no longer yield fee codes quality of price discovery, promotes Volume Tier 3 is reasonable because the EA or ER, and, instead, will market transparency and improves Exchange is not required to maintain automatically and uniformly be assessed market quality, for all investors. The this tier or provide Members an the fees already in place for all other Exchange also believes the proposed opportunity to receive reduced fees or orders generally that add or remove rule change to define the term ‘‘Step-Up enhanced rebates. The Exchange liquidity. The Exchange also notes that ADAV’’ is reasonable as it will clarify believes the proposal to eliminate these the proposed new Growth, Non- terminology used in the Fee Schedule, tiers is also equitable and not unfairly Displayed Step-Up Volume, Remove to the benefit of all Members. discriminatory because it applies to all Volume tiers applies to all Members Further, the Exchange believes that Members (i.e., the tier will not be equally in that all Members are eligible the proposed tiers are reasonable as they available for any Member). The for these tiers, have a reasonable do not represent a significant departure Exchange notes that recently no opportunity to meet the tiers’ criteria from the criteria or corresponding rates Members have satisfied the criteria of and will receive the enhanced rebates or currently offered in the Fee Schedule, Remove Volume Tier 2 nor the criteria reduced fee on their qualifying orders if and that the proposed enhanced rebates of Retail Volume Tier 3. The Exchange such criteria is met. Additionally, the or enhanced fee, as applicable, are also notes that the proposed rule change proposed tiers are designed to attract commensurate with the new criteria. to remove these two tiers merely results additional order flow to the Exchange. More specifically, the Exchange believes in Members not receiving a reduced fee The Exchange believes that the new that the proposed criteria, which is the or enhanced rebate, as applicable, criteria will incentivize market same in each new tier, and which as noted above, the Exchange is participants to direct liquidity adding corresponding rates are commensurate not required to offer or maintain. and removing order flow to the with surrounding tiers; in that the Exchange, providing for additional proposed criteria in new Growth Tier 2 24 See supra note 16. execution opportunities for market

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participants and improved price dealers that act as their order-routing Paper Comments transparency. Greater overall order flow, agents, have a wide range of choices of • trading opportunities, and pricing where to route orders for execution’; Send paper comments in triplicate transparency benefits all market [and] ‘no exchange can afford to take its to Secretary, Securities and Exchange participants on the Exchange by market share percentages for granted’ Commission, 100 F Street NE, enhancing market quality and because ‘no exchange possesses a Washington, DC 20549–1090. continuing to encourage Members to monopoly, regulatory or otherwise, in All submissions should refer to File send orders, thereby contributing the execution of order flow from broker Number SR–CboeEDGX–2021–033. This towards a robust and well-balanced 27 dealers’ . . . .’’. Accordingly, the file number should be included on the market ecosystem. Finally, the Exchange Exchange does not believe its proposed subject line if email is used. To help the does not believe the proposed rule fee change imposes any burden on Commission process and review your change to eliminate a Remove Volume competition that is not necessary or Tier and Retail Volume Tier will impose appropriate in furtherance of the comments more efficiently, please use any burden on intramarket competition purposes of the Act. only one method. The Commission will because it applies to all Members post all comments on the Commission’s uniformly, as in, the tiers will no longer C. Self-Regulatory Organization’s internet website (http://www.sec.gov/ be available to any Member. Statement on Comments on the rules/sro.shtml). Copies of the Next, the Exchange believes the Proposed Rule Change Received From submission, all subsequent proposed rule change does not impose Members, Participants, or Others amendments, all written statements any burden on intermarket competition The Exchange neither solicited nor with respect to the proposed rule that is not necessary or appropriate in received comments on the proposed change that are filed with the furtherance of the purposes of the Act. rule change. Commission, and all written As previously discussed, the Exchange communications relating to the operates in a highly competitive market. III. Date of Effectiveness of the proposed rule change between the Members have numerous alternative Proposed Rule Change and Timing for Commission and any person, other than venues that they may participate on and Commission Action those that may be withheld from the direct their order flow, including other public in accordance with the equities exchanges, off-exchange The foregoing rule change has become provisions of 5 U.S.C. 552, will be venues, and alternative trading systems. effective pursuant to Section 19(b)(3)(A) 28 Additionally, the Exchange represents a of the Act and paragraph (f) of Rule available for website viewing and 29 small percentage of the overall market. 19b–4 thereunder. At any time within printing in the Commission’s Public Based on publicly available information, 60 days of the filing of the proposed rule Reference Room, 100 F Street NE, no single equities exchange has more change, the Commission summarily may Washington, DC 20549 on official than 16% of the market share.25 temporarily suspend such rule change if business days between the hours of Therefore, no exchange possesses it appears to the Commission that such 10:00 a.m. and 3:00 p.m. Copies of the significant pricing power in the action is necessary or appropriate in the filing also will be available for execution of order flow. Indeed, public interest, for the protection of inspection and copying at the principal participants can readily choose to send investors, or otherwise in furtherance of office of the Exchange. All comments their orders to other exchange and off- the purposes of the Act. If the received will be posted without change. exchange venues if they deem fee levels Commission takes such action, the Persons submitting comments are at those other venues to be more Commission will institute proceedings cautioned that we do not redact or edit favorable. Moreover, the Commission to determine whether the proposed rule personal identifying information from has repeatedly expressed its preference change should be approved or comment submissions. You should disapproved. for competition over regulatory submit only information that you wish intervention in determining prices, IV. Solicitation of Comments to make available publicly. All products, and services in the securities submissions should refer to File markets. Specifically, in Regulation Interested persons are invited to Number SR–CboeEDGX–2021–033, and submit written data, views, and NMS, the Commission highlighted the should be submitted on or before arguments concerning the foregoing, importance of market forces in August 16, 2021. determining prices and SRO revenues including whether the proposed rule and, also, recognized that current change is consistent with the Act. For the Commission, by the Division of regulation of the market system ‘‘has Comments may be submitted by any of Trading and Markets, pursuant to delegated been remarkably successful in the following methods: authority.30 J. Matthew DeLesDernier, promoting market competition in its Electronic Comments broader forms that are most important to Assistant Secretary. 26 investors and listed companies.’’ The • Use the Commission’s internet [FR Doc. 2021–15812 Filed 7–23–21; 8:45 am] fact that this market is competitive has comment form (http://www.sec.gov/ BILLING CODE 8011–01–P also long been recognized by the courts. rules/sro.shtml); or In NetCoalition v. Securities and • Send an email to rule-comments@ Exchange Commission, the D.C. Circuit sec.gov. Please include File Number SR– stated as follows: ‘‘[n]o one disputes CboeEDGX–2021–033 on the subject that competition for order flow is line. ‘fierce.’ . . . As the SEC explained, ‘[i]n the U.S. national market system, buyers 27 NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. and sellers of securities, and the broker- Cir. 2010) (quoting Securities Exchange Act Release No. 59039 (December 2, 2008), 73 FR 74770, 74782– 25 Supra note 4. 83 (December 9, 2008) (SR–NYSEArca–2006–21)). 26 See Securities Exchange Act Release No. 51808 28 15 U.S.C. 78s(b)(3)(A). (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005). 29 17 CFR 240.19b–4(f). 30 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE set forth in sections A, B, and C below, together, the ‘‘Funds’’). The Exchange COMMISSION of the most significant parts of such proposes to reflect an amendment to the statements. Prior Exemptive Order (as defined [Release No. 34–92449; File No. SR– below) governing the listing and trading NYSEArca–2021–61] A. Self-Regulatory Organization’s of these Funds filed by, among others, Statement of the Purpose of, and the T. Rowe Price Exchange-Traded Funds, Self-Regulatory Organizations; NYSE Statutory Basis for, the Proposed Rule Inc. (the ‘‘Issuer’’), as follows. Arca, Inc.; Notice of Filing and Change Immediate Effectiveness of Proposed The Issuer filed a seventh amended Rule Change To Reflect an 1. Purpose application for an order under Section Amendment to the Application and The Exchange adopted NYSE Arca 6(c) of the 1940 Act for exemptions from Exemptive Order Governing Shares of Rule 8.601–E for the purpose of various provisions of the 1940 Act and Active Proxy Portfolio Shares Issued permitting the listing and trading, or rules thereunder (the ‘‘Prior 6 by T. Rowe Price Exchange-Traded trading pursuant to unlisted trading Application’’). On December 10, 2019, Funds, Inc. Which Are Listed and privileges (‘‘UTP’’), of Active Proxy the Commission issued an order (the Traded on the Exchange Portfolio Shares, which are securities ‘‘Prior Exemptive Order’’) under the issued by an actively managed open-end 1940 Act granting the exemptions 7 July 20, 2021. investment management company.4 requested in the Application. 1 Pursuant to Section 19(b)(1) of the Commentary .01 to Rule 8.601–E Under the Prior Exemptive Order, the Securities Exchange Act of 1934 requires the Exchange to file separate Funds are required to publish a basket 2 3 (‘‘Act’’) and Rule 19b–4 thereunder, proposals under Section 19(b) of the Act of securities and cash that, while notice is hereby given that, on July 7, before listing and trading any series of different from the Fund’s portfolio, is 2021, NYSE Arca, Inc. (‘‘NYSE Arca’’ or Active Proxy Portfolio Shares on the designed to closely track its daily the ‘‘Exchange’’) filed with the Exchange. Pursuant to this provision, performance (‘‘Proxy Portfolio’’). The Securities and Exchange Commission the Exchange submitted proposals to list Prior Application stated that each (‘‘Commission’’) the proposed rule and trade shares (‘‘Shares’’) of Active Fund’s Proxy Portfolio will be change as described in Items I and II Proxy Portfolio Shares of the following determined such that at least 80% of its below, which Items have been prepared Funds listed and traded on the total assets will overlap with the by the Exchange. The Commission is Exchange under NYSE Arca Rule 8.601– portfolio weightings of the Fund (the publishing this notice to solicit E: T. Rowe Price Blue Chip Growth ETF, ‘‘Portfolio Overlap’’). As set forth in the comments on the proposed rule change T. Rowe Price Dividend Growth ETF, T. Approval Order and in the Notice, from interested persons. Rowe Price Growth Stock ETF, T. Rowe investments made by the T. Rowe Price Blue Chip Growth ETF, T. Rowe Price I. Self-Regulatory Organization’s Price Equity Income ETF, and, Dividend Growth ETF, T. Rowe Price Statement of the Terms of Substance of separately, T. Rowe Price U.S. Equity Growth Stock ETF, T. Rowe Price Equity the Proposed Rule Change Research ETF 5 (each, a ‘‘Fund’’ and, Income ETF, and T. Rowe Price U.S. The Exchange proposes to reflect an 4 See Securities Exchange Act Release No. 89185 Equity Research ETF will comply with amendment to the Application and (June 29, 2020), 85 FR 40328 (July 6, 2020) (SR– the conditions set forth in the Prior Exemptive Order governing the NYSEArca–2019–95). Rule 8.601–E(c)(1) provides Application and the Prior Exemptive following funds, shares of which are that ‘‘[t]he term ‘‘Active Proxy Portfolio Share’’ Order.8 listed and traded on the Exchange under means a security that (a) is issued by an investment company registered under the Investment Company On February 4, 2021, as amended on NYSE Arca Rule 8.601–E: T. Rowe Price Act of 1940 (‘‘Investment Company’’) organized as March 30, 2021, the Issuer sought to Blue Chip Growth ETF, T. Rowe Price an open-end management investment company that amend the Prior Exemptive Order to Dividend Growth ETF, T. Rowe Price invests in a portfolio of securities selected by the permit use of creation baskets 9 that Growth Stock ETF, T. Rowe Price Equity Investment Company’s investment adviser consistent with the Investment Company’s Income ETF, and T. Rowe Price U.S. investment objectives and policies; (b) is issued in T. Rowe Price Growth Stock ETF, T. Rowe Price Equity Research ETF. The proposed rule a specified minimum number of shares, or Equity Income ETF. See Securities Exchange Act multiples thereof, in return for a deposit by the Release No. 89191 (June 30, 2020), 85 FR 40358 change is available on the Exchange’s (July 6, 2020) (SR–NYSEArca–2019–92) (Notice of website at www.nyse.com, at the purchaser of the Proxy Portfolio and/or cash with a value equal to the next determined net asset value Filing of Amendment No. 3 and Order Granting principal office of the Exchange, and at (‘‘NAV’’); (c) when aggregated in the same specified Accelerated Approval of a Proposed Rule Change, the Commission’s Public Reference minimum number of Active Proxy Portfolio Shares, as Modified by Amendment No. 3, to List and Trade Room. or multiples thereof, may be redeemed at a holder’s Four Series of Active Proxy Portfolio Shares Issued request in return for the Proxy Portfolio and/or cash by T. Rowe Price Exchange-Traded Funds, Inc. II. Self-Regulatory Organization’s to the holder by the issuer with a value equal to Under NYSE Arca Rule 8.601–E) (‘‘Approval Order’’)). The Commission published the notice of Statement of the Purpose of, and the next determined NAV; and (d) the portfolio holdings for which are disclosed within at least 60 filing and immediate effectiveness relating to the Statutory Basis for, the Proposed Rule days following the end of every fiscal quarter.’’ Rule rule change to list and trade shares of the T. Rowe Change 8.601–E(c)(2) provides that ‘‘[t]he term ‘‘Actual Price U.S. Equity Research ETF on March 15, 2021. See Securities Exchange Act Release No. 91322 In its filing with the Commission, the Portfolio’’ means the identities and quantities of the securities and other assets held by the Investment (March 15, 2021), 86 FR 14980 (March 19, 2021) self-regulatory organization included Company that shall form the basis for the (SR–NYSEArca–2021–17) (Notice of Filing and statements concerning the purpose of, Investment Company’s calculation of NAV at the Immediate Effectiveness of Proposed Rule Change end of the business day.’’ Rule 8.601–E(c)(3) Relating to Listing and Trading of Shares of the T. and basis for, the proposed rule change Rowe Price U.S. Equity Research ETF under NYSE and discussed any comments it received provides that ‘‘[t]he term ‘‘Proxy Portfolio’’ means a specified portfolio of securities, other financial Arca Rule 8.601–E (‘‘Notice’’)). on the proposed rule change. The text instruments and/or cash designed to track closely 6 See File No. 812–14214, dated October 16, 2019. of those statements may be examined at the daily performance of the Actual Portfolio of a 7 See Investment Company Act Release No. the places specified in Item IV below. series of Active Proxy Portfolio Shares as provided 33713, December 10, 2019. The Exchange has prepared summaries, in the exemptive relief pursuant to the Investment 8 See Approval Order, 85 FR at 40360, n. 18; Company Act of 1940 applicable to such series.’’ Notice, 86 FR at 14981, n.9. 5 On June 30, 2020, the Commission approved the 9 As set forth in the Notice, Shares of the Funds 1 15 U.S.C. 78s(b)(1). proposed rule change relating to the listing and are purchased and redeemed in specified minimum 2 15 U.S.C. 78a. trading of shares of T. Rowe Price Blue Chip size ‘‘Creation Units’’ and generally on an in-kind 3 17 CFR 240.19b–4. Growth ETF, T. Rowe Price Dividend Growth ETF, basis. Except where the purchase or redemption

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include instruments that are not The proposed rule change is designed 19(b)(3)(A) of the Act 15 and Rule 19b– included, or are included with different to perfect the mechanism of a free and 4(f)(6) thereunder.16 weightings, in the Funds’ Proxy open market and, in general, to protect A proposed rule change filed Portfolio (the ‘‘Updated Application’’).10 investors and the public interest. The pursuant to Rule 19b–4(f)(6) under the In addition, the Updated Application proposed revision is intended to reflect Act normally does not become operative noted that the Portfolio Overlap may be the change in the Updated Application for 30 days after the date of its filing. less than 80%. and the Updated Exemptive Order that However, Rule 19b–4(f)(6)(iii) 17 permits On May 18, 2021, the Commission permits each of the Funds’ Portfolio the Commission to designate a shorter issued an amended order that, among Overlap to be less than 80%. As noted, time if such action is consistent with the other things, permits each Fund’s the Approval Order and the Notice protection of investors and the public Portfolio Overlap to be less than 80% reflected that the Funds’ Portfolio interest. The Exchange has requested (the ‘‘Updated Exemptive Order’’).11 Overlap would be at least 80%. The that the Commission waive the 30-day Accordingly, investments made by the proposed rule change would permit the operative delay so that the proposal may T. Rowe Price Blue Chip Growth ETF, Funds to operate consistent with this become operative immediately upon T. Rowe Price Dividend Growth ETF, T. updated condition in the Updated filing. The Exchange states that the Rowe Price Growth Stock ETF, T. Rowe Application and the Updated Exemptive Funds will continue to comply with the Price Equity Income ETF, and T. Rowe Order. Except for the changes noted requirements of Rule 8.601–E and that Price U.S. Equity Research ETF will above, all other representations made in waiver of the operative delay would comply with this condition of the the respective rule filings remain allow the Funds to operate in a manner Updated Application and the Updated unchanged and, as noted, will continue consistent with the Updated Application and Updated Exemptive Exemptive Order. to constitute continuing listing Order. For these reasons, the Except for the change noted above, all requirements for the Funds. Commission believes that waiver of the other representations made in the 30-day operative delay is consistent respective rule filings remain B. Self-Regulatory Organization’s with the protection of investors and the unchanged and will continue to Statement on Burden on Competition public interest. Accordingly, the constitute continuing listing The Exchange does not believe that Commission hereby waives the 30-day requirements for the Funds. The Funds the proposed rule change will impose operative delay and designates the will also continue to comply with the any burden on competition that is not proposed rule change operative upon requirements of Rule 8.601–E. necessary or appropriate in furtherance filing.18 2. Statutory Basis of the purpose of the Act. As noted, the At any time within 60 days of the purpose of the filing is to reflect an filing of the proposed rule change, the The Exchange believes that the amendment to the Prior Exemptive Commission summarily may proposed rule change is consistent with Order governing the listing and trading temporarily suspend such rule change if 12 Section 6(b) of the Act, in general, and of these Funds. To the extent that the it appears to the Commission that such furthers the objectives of Section 6(b)(5) action is necessary or appropriate in the 13 proposed rule change would continue to of the Act, in particular, in that it is permit listing and trading of another public interest, for the protection of designed to prevent fraudulent and type of actively-managed ETF that has investors, or otherwise in furtherance of manipulative acts and practices, to characteristics different from existing the purposes of the Act. promote just and equitable principles of actively-managed and index ETFs, the trade, to remove impediments to and IV. Solicitation of Comments Exchange believes that the proposal perfect the mechanism of a free and would benefit investors by continuing to Interested persons are invited to open market and a national market promote competition among various submit written data, views, and system, and, in general, to protect ETF products. arguments concerning the foregoing, investors and the public interest.14 including whether the proposed rule C. Self-Regulatory Organization’s change is consistent with the Act. includes cash under the circumstances specified in Statement on Comments on the Comments may be submitted by any of the Notice, purchasers must purchase Creation Proposed Rule Change Received From the following methods: Units by making an in-kind deposit of specified instruments (‘‘Deposit Instruments’’), and Members, Participants, or Others Electronic Comments shareholders redeeming Shares will receive an in- kind transfer of specified instruments No written comments were solicited • Use the Commission’s internet (‘‘Redemption Instruments’’). The names and or received with respect to the proposed comment form (http://www.sec.gov/ quantities of the instruments that constitute the rule change. rules/sro.shtml); or Deposit Instruments and the Redemption • Send an email to rule-comments@ Instruments for a Fund are known collectively as III. Date of Effectiveness of the a ‘‘Creation Basket’’ and are the same as a Fund’s sec.gov. Please include File Number SR– designated Proxy Portfolio, except to the extent that Proposed Rule Change and Timing for NYSEArca–2021–61 on the subject line. a Fund requires purchases and redemptions to be Commission Action made entirely or in part on a cash basis, as 15 15 U.S.C. 78s(b)(3)(A). described below. See Notice, 86 FR at 14980. Because the foregoing proposed rule 16 10 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– See File No. 812–15197, dated March 30, 2021. change does not: (i) Significantly affect 4(f)(6) requires a self-regulatory organization to give 11 See Investment Company Act Release No. the protection of investors or the public the Commission written notice of its intent to file 34272, May 18, 2021. Although the Updated interest; (ii) impose any significant the proposed rule change at least five business days Exemptive Order permits the use of Creation prior to the date of filing of the proposed rule Baskets that include instruments that are not burden on competition; and (iii) become change, or such shorter time as designated by the included, or are included with different weightings, operative for 30 days from the date on Commission. The Exchange has satisfied this in a Fund’s Proxy Portfolio, that aspect of the which it was filed, or such shorter time requirement. Updated Exemptive Order is not part of this as the Commission may designate, it has 17 17 CFR 240.19b–4(f)(6)(iii). proposed rule change. 18 For purposes only of waiving the 30-day 12 become effective pursuant to Section 15 U.S.C. 78f(b). operative delay, the Commission has also 13 15 U.S.C. 78f(b)(5). considered the proposed rule’s impact on 14 The Exchange represents that, for initial and with Rule 10A–3 under the Act, as provided by efficiency, competition, and capital formation. See continued listing, the Fund will be in compliance NYSE Arca Rule 5.3–E. 15 U.S.C. 78c(f).

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Paper Comments SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s Statement of the Purpose of, and • COMMISSION Send paper comments in triplicate Statutory Basis for, the Proposed Rule to: Secretary, Securities and Exchange Change Commission, 100 F Street NE, [Release No. 34–92448; File No. SR–MIAX– 2021–34] Washington, DC 20549–1090. 1. Purpose Self-Regulatory Organizations; Miami The Exchange proposes to amend the All submissions should refer to File Fee Schedule to (i) modify the Priority International Securities Exchange LLC; Number SR–NYSEArca–2021–61. This Customer Rebate Program (‘‘PCRP’’) 3 as Notice of Filing and Immediate file number should be included on the it pertains to per contract credits for subject line if email is used. To help the Effectiveness of a Proposed Rule complex PRIME (‘‘cPRIME’’) 4 Agency Commission process and review your Change To Amend Its Fee Schedule for Orders for Priority Customers; and (ii) to comments more efficiently, please use the Complex PRIME Agency Order remove the per contract credit cap for only one method. The Commission will Credit cPRIME Agency Orders for Priority post all comments on the Commission’s Customers and the associated waiver of July 20, 2021. internet website (http://www.sec.gov/ same which was in effect until June 30, rules/sro.shtml). Copies of the Pursuant to the provisions of Section 2021. The Exchange initially filed this submission, all subsequent 19(b)(1) of the Securities Exchange Act proposal on July 1, 2021 (SR–MIAX– amendments, all written statements of 1934 (‘‘Act’’) 1 and Rule 19b–4 2021–33) and withdrew such filing on with respect to the proposed rule thereunder,2 notice is hereby given that July 12, 2021. The Exchange proposes to change that are filed with the on July 12, 2021, Miami International implement the fee change effective July Commission, and all written Securities Exchange LLC (‘‘MIAX’’ or 12, 2021. communications relating to the ‘‘Exchange’’) filed with the Securities Background and Exchange Commission proposed rule change between the Exchange Rule 518(b)(7) defines a (‘‘Commission’’) a proposed rule change Commission and any person, other than cPRIME Order as a type of complex as described in Items I, II, and III below, those that may be withheld from the order 5 that is submitted for public in accordance with the which Items have been prepared by the participation in a cPRIME Auction and provisions of 5 U.S.C. 552, will be Exchange. The Commission is trading of cPRIME Orders is governed available for website viewing and publishing this notice to solicit by Rule 515A, Interpretation and printing in the Commission’s Public comments on the proposed rule change Reference Room, 100 F Street NE, from interested persons. 3 Under the PCRP, MIAX Options credits each Washington, DC 20549 on official Member the per contract amount resulting from I. Self-Regulatory Organization’s each Priority Customer order transmitted by that business days between the hours of Statement of the Terms of Substance of Member which is executed electronically on the 10:00 a.m. and 3:00 p.m. Copies of the the Proposed Rule Change Exchange in all multiply-listed option classes filing also will be available for (excluding, in simple or complex as applicable, QCC and cQCC Orders, mini-options, Priority inspection and copying at the principal The Exchange is filing a proposal to Customer-to-Priority Customer Orders, C2C and office of the Exchange. All comments amend the MIAX Options Fee Schedule cC2C Orders, PRIME and cPRIME AOC Responses, received will be posted without change. (the ‘‘Fee Schedule’’). PRIME and cPRIME Contra-side Orders, PRIME and cPRIME Orders for which both the Agency and Persons submitting comments are The text of the proposed rule change Contra-side Order are Priority Customers, and cautioned that we do not redact or edit is available on the Exchange’s website at executions related to contracts that are routed to personal identifying information from http://www.miaxoptions.com/rule- one or more exchanges in connection with the comment submissions. You should Options Order Protection and Locked/Crossed filings, at MIAX’s principal office, and Market Plan referenced in Exchange Rule 1400), submit only information that you wish at the Commission’s Public Reference provided the Member meets certain percentage to make available publicly. All Room. thresholds in a month as described in the Priority submissions should refer to File Customer Rebate Program table. See Fee Schedule, II. Self-Regulatory Organization’s Section (1)(a)iii. Number SR–NYSEArca–2021–61 and 4 ‘‘cPRIME’’ is the process by which a Member should be submitted on or before Statement of the Purpose of, and may electronically submit a ‘‘cPRIME Order’’ (as August 16, 2021. Statutory Basis for, the Proposed Rule defined in Rule 518(b)(7)) it represents as agent (a Change ‘‘cPRIME Agency Order’’) against principal or For the Commission, by the Division of solicited interest for execution (a ‘‘cPRIME Trading and Markets, pursuant to delegated In its filing with the Commission, the Auction’’), subject to the restrictions set forth in authority.19 Exchange Rule 515A, Interpretation and Policy .12. Exchange included statements See Exchange Rule 515A. J. Matthew DeLesDernier, concerning the purpose of and basis for 5 A ‘‘complex order’’ is any order involving the Assistant Secretary. the proposed rule change and discussed concurrent purchase and/or sale of two or more different options in the same underlying security [FR Doc. 2021–15811 Filed 7–23–21; 8:45 am] any comments it received on the (the ‘‘legs’’ or ‘‘components’’ of the complex order), BILLING CODE 8011–01–P proposed rule change. The text of these for the same account, in a ratio that is equal to or statements may be examined at the greater than one-to-three (.333) and less than or places specified in Item IV below. The equal to three-to-one (3.00) and for the purposes of executing a particular investment strategy. A Exchange has prepared summaries, set complex order can also be a ‘‘stock-option’’ order, forth in sections A, B, and C below, of which is an order to buy or sell a stated number the most significant aspects of such of units of an underlying security coupled with the purchase or sale of options contract(s) on the statements. opposite side of the market, subject to certain contingencies set forth in the proposed rules governing complex orders. For a complete definition of a ‘‘complex order,’’ see Exchange Rule 518(a)(5). See also Securities Exchange Act Release 1 15 U.S.C. 78s(b)(1). No. 78620 (August 18, 2016), 81 FR 58770 (August 19 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4. 25, 2016) (SR–MIAX–2016–26).

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Policies .12.6 CPRIME Orders are the price and size of a RFR that is proposes to remove footnote ‘‘*’’ in processed and executed in the broadcast to MIAX participants up to an Section (1)(a)(iii) of the Fee Schedule in Exchange’s PRIME mechanism, the optional designated limit price. Such its entirety to remove the per contract same mechanism that the Exchange uses responses are defined as cPRIME AOC credit cap of 1,000 contracts and to also to process and execute simple PRIME Responses or cPRIME eQuotes. The eliminate the waiver of the contract cap orders, pursuant to Exchange Rule PRIME mechanism is used for orders on per leg for cPRIME Agency Order 515A.7 PRIME is a process by which a the Exchange’s Simple Order Book.11 rebates for all tiers under the PCRP. Member 8 may electronically submit for The cPRIME mechanism is used for cPRIME Agency Order per Contract execution an order it represents as agent Complex Orders 12 on the Exchange’s Credit (an ‘‘Agency Order’’) against principal Strategy Book,13 with the cPRIME interest and/or solicited interest. The mechanism operating in the same In conjunction with the removal of Member that submits the Agency Order manner for processing and execution of the per credit cap of 1,000 contracts as (‘‘Initiating Member’’) agrees to cPRIME Orders that is used for PRIME described above, the Exchange now guarantee the execution of the Agency Orders on the Simple Order Book. proposes to adopt a new table under the Order by submitting a contra-side order PCRP for cPRIME Agency Orders for representing principal interest or Removal of Contract Cap Priority Customers where the max leg of solicited interest (‘‘Contra-Side Order’’). In conjunction with the the order is greater than 1,000 contracts. When the Exchange receives a properly implementation of cPRIME Orders on The table will provide a tiered agency designated Agency Order for Auction the Exchange, the Exchange amended its credit rate for cPRIME Agency Orders processing, a request for response Priority Customer Rebate Program to for Priority Customers dependent upon (‘‘RFR’’) detailing the option, side, size establish a per contract credit rate for the break-up percentage and the largest and initiating price is broadcasted to cPRIME Agency Orders for Priority leg of the order being greater than 1,000 MIAX participants up to an optional Customers.14 The Exchange limited the contracts for Members in PCRP Tiers 1– designated limit price. Members may cPRIME Agency Order Credit to be 4, unless the Member is eligible to submit responses to the RFR, which can payable only to the first 1,000 contracts receive the alternative cPRIME Agency be either an Auction or Cancel (‘‘AOC’’) per leg for each cPRIME Agency Order Order Credit amount for cPRIME order 9 or an AOC eQuote.10 A cPRIME in all tiers under the PCRP in its filing Agency Orders in Tier 4 of the PRCP,18 Auction is the price-improvement on August 1, 2018.15 On February 28, in which case those orders will earn a mechanism of the Exchange’s System 2020, the Exchange amended the Fee credit of $0.12. pursuant to which an Initiating Member Schedule to waive the 1,000 contract Orders that have a max leg size of electronically submits a complex cap per leg for cPRIME Agency Order 1,000 contracts or less will continue to Agency Order into a cPRIME Auction. rebates for all tiers under the PCRP from receive the agency credit described in The Initiating Member, in submitting an March 1, 2020, until May 31, 2020.16 PCRP Tier 1–4, unless the Member is Agency Order, must be willing to either The Exchange subsequently extended eligible to receive the alternative (i) cross the Agency Order at a single the waiver from June 1, 2020, until June cPRIME Agency Order Credit amount price against principal or solicited 30, 2021, in a series of filings beginning for cPRIME Agency Orders in Tier 4 of interest, or (ii) automatically match June 2020.17 The Exchange now the PCRP, in which case the order will against principal or solicited interest, earn a per contract credit of $0.12.19 The 11 The ‘‘Simple Order Book’’ is the Exchange’s Exchange proposes to adopt new 6 See Securities Exchange Act Release No. 81131 regular electronic book of orders and quotes. See footnote ‘‘*’’ to state that for cPRIME (July 12, 2017), 82 FR 32900 (July 18, 2017) (SR– Exchange Rule 518(a)(15). MIAX–2017–19) (Order Granting Approval of a 12 See supra note 6. Mini-options may only be Agency Orders with a max leg size of Proposed Rule Change to Amend MIAX Options part of a complex order that includes other mini- 1,000 contracts or less, the Exchange Rules 515, Execution of Orders and Quotes; 515A, options. Only those complex orders in the classes will assess the credits as described in MIAX Price Improvement Mechanism (‘‘PRIME’’) designated by the Exchange and communicated to the Priority Customer Rebate Program and PRIME Solicitation Mechanism; and 518, Members via Regulatory Circular with no more than Complex Orders). the applicable number of legs, as determined by the table for Tiers 1–4 regardless of the 7 Id. Exchange on a class-by-class basis and Order Break-up percentage. 8 The term ‘‘Member’’ means an individual or communicated to Members via Regulatory Circular, Additionally, the break-up credits organization approved to exercise the trading rights are eligible for processing. See Exchange Rule described in section (1)(a)(vi) of the Fee associated with a Trading Permit. Members are 518(a)(5). Schedule will continue to apply. deemed ‘‘members’’ under the Exchange Act. See 13 The ‘‘Strategy Book’’ is the Exchange’s Exchange Rule 100. electronic book of complex orders and complex The table will provide a per contract 9 An Auction-or-Cancel or ‘‘AOC’’ order is a limit quotes. See Exchange Rule 518(a)(17). agency credit based upon the break-up order used to provide liquidity during a specific 14 See Securities Exchange Act Release No. 81372 percentage of the order. Specifically, Exchange process (such as the Opening Imbalance (August 10, 2017) 82 FR 38964 (August 16, 2017) process described in Rule 503) with a time in force orders with a break-up % of 0–10% will (SR–MIAX–2017–40). that corresponds with that event. AOC orders are earn a credit of $0.05 per contract; 15 See Securities Exchange Act Release No.83797 not displayed to any market participant, are not orders with a break-up percentage included in the MBBO and therefore are not eligible (August 8, 2018), 83 FR 40373 (August 14, 2018) for trading outside of the event, may not be routed, (SR–MIAX–2018–22). and may not trade at a price inferior to the away 16 See Securities Exchange Act Release No. 88349 the waiver period from December 31, 2020, until markets. See Exchange Rule 516(b)(4). (March 10, 2020), 85 FR 14995 (March 16, 2020) March 31, 2021); and 91505 (April 8, 2021), 86 FR 10 An Auction or Cancel or ‘‘AOC’’ eQuote is a (SR–MIAX–2020–05). 19677 (April 14, 2021) (SR–MIAX–2021–07) quote submitted by a Market Maker to provide 17 See Securities Exchange Act Release Nos. (Extending the waiver period from April 1, 2021, liquidity in a specific Exchange process (such as the 89035 (June 9, 2020), 85 FR 36249 (June 15, 2020) until June 30, 2021). Opening Imbalance Process described in Rule 503) (SR–MIAX–2020–12) (Extending the waiver period 18 Under the PCRP, any Member or its Affiliate with a time in force that corresponds with the from June 1, 2020, until July 31, 2020); 89530 that qualifies for Priority Customer Rebate Program duration of that event and will automatically expire (August 12, 2020), 85 FR 50845 (August 18, 2020) tier 4 and executes Priority Customer standard, non- at the end of that event. AOC eQuotes are not (SR–MIAX–2020–26) (Extending the waiver period paired complex volume at least equal to or greater displayed to any market participant, are not from July 31, 2020, until August 31, 2020); 89771 than three (3) times their Priority Customer cPRIME included in the MBBO and therefore are not eligible (September 4, 2020), 85 FR 55873 (September 10, Agency Order volume, on a monthly basis, will for trading outside of the event. An AOC eQuote 2020) (SR–MIAX–2020–28) (Extending the waiver receive a credit of $0.12 per contract for cPRIME does not automatically cancel or replace the Market period from August 31, 2020, until December 31, Agency Orders instead of the credit otherwise Maker’s previous Standard quote or eQuote. See 2020); 90818 (December 29, 2020), 86 FR 350 applicable to such orders in tier 4. Exchange Rule 517(a)(2)(ii). (January 5, 2021) (SR–MIAX–2020–40) (Extending 19 Id.

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greater than 10% to, and including 20%, order flow to competing venues if they price improvement in the auction will earn a per contract credit of $0.06; deem fee levels at a particular venue to process, signaling additional orders with a break-up percentage be excessive or incentives to be corresponding increase in order flow greater than 20% to, and including 30%, insufficient. More specifically, the from other market participants, and, as will earn a per contract credit of $0.07; Exchange is only one of 16 options a result, increasing liquidity on the orders with a break-up percentage venues to which market participants Exchange. greater than 30% to, and including 40%, may direct their order flow. Based on The Exchange believes that its will earn a per contract credit of $0.08; publicly available information, no single proposal to adopt a tiered approach to orders with a break-up percentage options exchange has more than 16% of rebates for cPRIME Agency Orders for greater than 40% will earn a per the market share.23 Thus, in such a low- Priority Customers is consistent with contract credit of $0.10, unless the concentrated and highly competitive Section 6(b)(4) of the Act in that the Member is eligible to receive the market, no single options exchange proposal is reasonable, equitable and alternative cPRIME Agency Order Credit possess significant pricing power in the not unfairly discriminatory. As noted amount for cPRIME Agency Orders in execution of option order flow. above, the Exchange operates in a highly Tier 4 of the PCRP, in which case the The Exchange believes that the ever- competitive market. The Exchange is order will earn a per contract credit of shifting market share among the only one of several options venues to $0.12.20 exchanges from month to month which market participants may direct For example, if the cPRIME Agency demonstrates that market participants their order flow, and it represents a Order has two legs (one for 400 can shift order flow, or discontinue use small percentage of the overall market. contracts and the other for 1,200 of certain categories of products, in The Exchange believes that the contracts) and trades 30% with an AOC response to fee changes. For example, proposed fees are reasonable, equitable, Response, the order would receive an on March 1, 2019, the Exchange filed and not unfairly discriminatory in that agency credit of $0.07 per contract for with the Commission an immediately competing options exchanges offer all legs of the order, as the max leg of effective filing to decrease certain similar fees and credits in connection the order was greater than 1,000 credits assessable to Members pursuant with similar price improvement 25 contracts and 30% of the order was to the PCRP.24 The Exchange auctions. broken up. The portion of the order that experienced a decrease in total market cPRIME Agency Orders for Priority was broken up will also receive the share between the months of February Customers that have a max leg size of agency credit of $0.07 per contract. and March of 2019. Accordingly, the 1,000 contracts or less will continue to The decision to offer tiered cPRIME Exchange believes that the March 1, receive the agency credit described in agency credits and to remove the credit 2019, fee change may have contributed PCRP Tier 1–4, unless the Member is cap is based on an analysis of current to the decrease in the Exchange’s market eligible to receive the alternative cPRIME Agency Order Credit amount revenue and volume levels and is share and, as such, the Exchange for cPRIME Agency Orders in Tier 4 of designed to encourage Priority Customer believes competitive forces constrain the PCRP, in which case the order will order flow to the Exchange. options exchange transaction and non- earn a per contract credit of $0.12.26 The transaction fees. 2. Statutory Basis Exchange believes that establishing a Accordingly, competitive forces The Exchange believes that its 1,000 contract threshold is not new or constrain the Exchange’s transaction proposal to amend its Fee Schedule is novel as other exchanges have different fees, and market participants can readily consistent with Section 6(b) of the Act 21 pricing and rates (i.e., caps) for volume trade on competing venues if they deem in general, and furthers the objectives of over 1,000 contracts.27 pricing levels at those other venues to Section 6(b)(4) of the Act 22 in The Exchange’s proposal to adopt a be more favorable. In response to the particular, in that it is an equitable new table to provide a tiered credit rate competitive environment, the Exchange allocation of reasonable fees and other for cPRIME Agency Orders for Priority offers specific rates and credits in its charges among its members and issuers Customers whose largest leg size is fees schedule, like those of other and other persons using its facilities. greater than 1,000 contracts is consistent options exchanges’ fees schedules, The Exchange also believes the proposal with Section 6(b)(4) of the Act 28 which the Exchange believes provides furthers the objectives of Section 6(b)(5) because it applies equally to all incentives to Members to increase order of the Act in that it is designed to participants of the PCRP. The Exchange flow of certain qualifying orders. promote just and equitable principles of believes that the proposed rebate The Exchange believes that its trade, to remove impediments to and structure is fair, equitable and not proposal to remove the 1,000 contract perfect the mechanism of a free and unreasonably discriminatory. The PCRP cap limitation per leg of cPRIME Agency open market and a national market is reasonably designed because it will Orders and the associated waiver of system, and, in general to protect continue to provide an incentive to same, and the proposed per contract investors and the public interest and is providers of Priority Customer order credit rebate table will encourage not designed to permit unfair flow to send that Priority Customer Priority Customer order flow to discrimination between customers, order flow to the Exchange to receive a auctions. Increased Priority Customer issuers, brokers and dealers. credit in a manner that enables the order flow benefits all market The Exchange believes its proposal Exchange to improve its overall participants because it continues to provides for the equitable allocation of competitiveness and strengthen its attract liquidity to the Exchange by reasonable dues and fees and is not market quality for all participants. The providing more trading opportunities. unfairly discriminatory for the following This attracts Market Makers and other reasons. The Exchange operates in a 25 See Cboe Fee Schedule, ‘‘Break-Up Credits,’’ liquidity providers, thus, facilitating highly competitive market in which available at https://cdn.cboe.com/resources/ members_hip/Cboe_FeeSchedule.pdf. market participants can readily direct 23 See https://www.cboe.com/us/options/market_ 26 See supra note 18. share/. 27 See Cboe Fees Schedule, p.2; see also NYSE 20 See supra note 18. 24 See Securities Exchange Act Release No. 85301 American Fee Schedule, p. 18, footnote 2 under 21 15 U.S.C. 78f(b). (March 13, 2019), 84 FR 10166 (March 19, 2019) Section I.G. 22 15 U.S.C. 78f(b)(4) and (5). (SR–MIAX–2019–09). 28 15 U.S.C. 78f(b)(4).

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Exchange conducted an internal B. Self-Regulatory Organization’s competitive market. Members have analysis of fees and rebates associated Statement on Burden on Competition numerous alternative venues that they with cPRIME Agency Orders and In accordance with Section 6(b)(8) of participate on and direct their order determined the proposed applicable the Act,32 the Exchange does not believe flow to, including 15 other options rates at each Order Break-up %. For that the proposed rule change will exchanges, many of which offer pricing and competitive reasons the impose any burden on intra-market or substantially similar price improvement Exchange determined that the agency intra-market competition that is not auctions. Based on publicly available credit for Order Break-ups from 0%– necessary or appropriate in furtherance information, no single options exchange 40% would be tiered, and that Order of the purposes of the Act. Rather, as has more than 16% of the market 35 Break-ups of greater than 40% would discussed above, the Exchange believes share. Therefore, no exchange receive a standard agency credit of that the proposed change would possesses significant pricing power in $0.10, unless the Member is eligible to encourage the submission of additional the execution of option order flow. receive the alternative cPRIME Agency liquidity to price improvement auctions, Participants can readily choose to send Order Credit amount for cPRIME thereby promoting market depth, price their orders to other exchanges if they Agency Orders in Tier 4 of the PCRP, in discovery and transparency and deem fee levels at those other exchanges which case the order will earn a per enhancing order execution and price to be more favorable. Moreover, the contract credit of $0.12.29 improvement opportunities for all Commission has repeatedly expressed Members. As a result, the Exchange its preference for competition over In addition, The Exchange believes regulatory intervention in determining that its proposal is consistent with believes that the proposed change furthers the Commission’s goal in prices, products, and services in the Section 6(b)(5) of the Act 30 because it securities markets. Specifically, in perfects the mechanisms of a free and adopting Regulation NMS of fostering competition among orders, which Regulation NMS, the Commission open market and a national market promotes ‘‘more efficient pricing of highlighted the importance of market system and protects investors and the individual stocks for all types of orders, forces in determining prices and SRO public interest because an increase in large and small.’’ 33 revenues and, also, recognized that Priority Customer order flow will bring The Exchange does not believe that its current regulation of the market system greater volume and liquidity to the proposal will impose any burden on ‘‘has been remarkably successful in Exchange, which benefits all market intra-market competition that is not promoting market competition in its participants by providing more trading necessary or appropriate in furtherance broader forms that are most important to opportunities and tighter spreads. To of the purposes of the Act because the investors and listed companies.’’ 36 The the extent Priority Customer order flow proposed changes will apply uniformly fact that this market is competitive has is increased by this proposal, market to all eligible Priority Customer orders. also long been recognized by the courts. participants will increasingly compete The proposed change is designed to In NetCoalition v. Securities and for the opportunity to trade on the attract additional order flow to the Exchange Commission, the D.C. Circuit Exchange including sending more Exchange. The Exchange believes that states as follows: ‘‘[n]o one disputes that orders and provided narrower and this proposal will continue to encourage competition for order flow is ‘fierce.’ larger-sized quotations in the effort to Members to submit cPRIME Agency . . . As the SEC explained, ‘[i]n the U.S. trade with such Priority Customer order Orders for Priority Customers, which national market system, buyers and flow. will increase liquidity and benefit all sellers of securities, and the broker- The Exchange believes that providing market participants by providing more dealers that act as their order-routing agents, have a wide range of choices of rebates for Priority Customers that trading opportunities and tighter where to route orders for execution’; submit cPRIME Agency Orders is spreads. The Exchange notes the fact [and] ‘no exchange can afford to take its equitable and not unfairly that preferential pricing to Priority market share percentages for granted’ discriminatory because the proposed Customers is a long-standing options because ‘no exchange possesses a rebate schedule will apply equally to all industry practice. The proposed rebate changes serve to enhance Priority monopoly, regulatory or otherwise, in cPRIME Agency Orders for Priority the execution of order flow from broker Customers. The Exchange believes that Customer order flow to the Exchange’s 37 Price Improvement Mechanism, which, dealers’ . . .’’ Accordingly, the the application of the rebate is equitable Exchange does not believe its proposed and not unfairly discriminatory because, as a result, facilitates increased liquidity and execution opportunities to the fee change imposes any burden on as stated above, Priority Customer order competition that is not necessary or flow enhances liquidity on the benefit of all market participants. The Exchange also does not believe appropriate in furtherance of the Exchange, in turn providing more purposes of the Act. trading opportunities and attracting that its proposal will impose any burden on inter-market competition that is not Accordingly, the Exchange believes other market participants, thus, that the proposed changes will not necessary or appropriate in furtherance facilitating tighter spreads, increased impose any burden on competition that of the purposes of the Act because, as order flow and trading opportunities to is not necessary or appropriate in noted above, at least one other the benefit of all market participants. furtherance of the purposes of the Act competing options exchange 34 currently Moreover, the options industry has a because it will continue to encourage has similar rebates in place in long history of providing preferential order flow, which provides greater connection with similar price pricing to Priority Customer orders, and volume and liquidity, benefiting all improvement auctions. Additionally, the Exchange’s current fees schedule market participants by providing more currently does so in many places, as and as previously discussed, the Exchange operates in a highly does the fee structure of at least one 35 See supra note 23. other exchange.31 36 See Securities Exchange Act Release No. 51808 32 15 U.S.C. 78f(b)(8). (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005). 33 See Securities Exchange Act Release No. 51808, 37 NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. 29 See supra note 18. 70 FR 37495, 37498–99 (June 29, 2005) (S7–10–04) Cir. 2010) (quoting Securities Exchange Act Release 30 15 U.S.C. 78f(b)(4). (Final Rule). No. 59039 (December 2, 2008), 73 FR 74770, 74782– 31 See supra note 27. 34 See supra note 27. 83 (December 9, 2008) (SR–NYSEArca–2006–21)).

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trading opportunities and tighter change that are filed with the solicit comments on the proposed rule spreads. Commission, and all written change from interested persons. communications relating to the C. Self-Regulatory Organization’s proposed rule change between the I. Self-Regulatory Organization’s Statement on Comments on the Commission and any person, other than Statement of the Terms of Substance of Proposed Rule Change Received From those that may be withheld from the the Proposed Rule Change Members, Participants, or Others public in accordance with the The Exchange proposes to its rules to Written comments were neither provisions of 5 U.S.C. 552, will be add new subparagraph (i)(4) to Rule solicited nor received. available for website viewing and 7.31 (Orders and Modifiers) regarding III. Date of Effectiveness of the printing in the Commission’s Public orders designated as ‘‘Retail Orders.’’ Proposed Rule Change and Timing for Reference Room, 100 F Street NE, The proposed rule change is available Commission Action Washington, DC 20549 on official on the Exchange’s website at business days between the hours of The foregoing rule change has become www.nyse.com, at the principal office of 10:00 a.m. and 3:00 p.m. Copies of the the Exchange, and at the Commission’s effective pursuant to Section filing also will be available for 38 Public Reference Room. 19(b)(3)(A)(ii) of the Act, and Rule inspection and copying at the principal 39 19b–4(f)(2) thereunder. At any time office of the Exchange. All comments II. Self-Regulatory Organization’s within 60 days of the filing of the received will be posted without change. Statement of the Purpose of, and proposed rule change, the Commission Persons submitting comments are Statutory Basis for, the Proposed Rule summarily may temporarily suspend cautioned that we do not redact or edit Change such rule change if it appears to the personal identifying information from Commission that such action is comment submissions. You should In its filing with the Commission, the necessary or appropriate in the public submit only information that you wish self-regulatory organization included interest, for the protection of investors, to make available publicly. All statements concerning the purpose of, or otherwise in furtherance of the submissions should refer to File and basis for, the proposed rule change purposes of the Act. If the Commission Number SR–MIAX–2021–34, and and discussed any comments it received takes such action, the Commission shall should be submitted on or before on the proposed rule change. The text institute proceedings to determine August 16, 2021. of those statements may be examined at whether the proposed rule should be the places specified in Item IV below. approved or disapproved. For the Commission, by the Division of Trading and Markets, pursuant to delegated The Exchange has prepared summaries, IV. Solicitation of Comments authority.40 set forth in sections A, B, and C below, J. Matthew DeLesDernier, of the most significant parts of such Interested persons are invited to statements. submit written data, views, and Assistant Secretary. arguments concerning the foregoing, [FR Doc. 2021–15809 Filed 7–23–21; 8:45 am] A. Self-Regulatory Organization’s including whether the proposed rule BILLING CODE 8011–01–P Statement of the Purpose of, and the change is consistent with the Act. Statutory Basis for, the Proposed Rule Comments may be submitted by any of Change the following methods: SECURITIES AND EXCHANGE COMMISSION 1. Purpose Electronic Comments The Exchange proposes to amend its • Use the Commission’s internet [Release No. 34–92446; File No. SR– NYSENAT–2021–15] rules to add new subparagraph (i)(4) to comment form (http://www.sec.gov/ Rule 7.31 (Orders and Modifiers) to add rules/sro.shtml); or Self-Regulatory Organizations; NYSE • a description of a Retail Order modifier. Send an email to rule-comments@ National, Inc.; Notice of Filing and sec.gov. Please include File Number SR– Immediate Effectiveness of Proposed Proposed Rule Change MIAX–2021–34 on the subject line. Rule Change Amending Its Rules To The Exchange proposes to amend Add New Subparagraph (i)(4) to Rule Paper Comments Rule 7.31 to add new subparagraph 7.31 • Send paper comments in triplicate (i)(4) to provide for ETP Holders 4 to to Secretary, Securities and Exchange July 20, 2021. designate an order with a retail modifier Commission, 100 F Street NE, Pursuant to Section 19(b)(1) 1 of the (‘‘Retail Order’’). The Exchange Washington, DC 20549–1090. Securities Exchange Act of 1934 (the proposes that the new ‘‘Retail Order’’ All submissions should refer to File ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 modifier would be used only for Number SR–MIAX–2021–34. This file notice is hereby given that on July 6, purposes of such orders being eligible number should be included on the 2021, NYSE National, Inc. (‘‘NYSE for different rates on its Schedule of subject line if email is used. To help the National’’ or the ‘‘Exchange’’) filed with Fees and Rebates (‘‘Fee Schedule’’), and Commission process and review your the Securities and Exchange is not proposing to add a retail price- comments more efficiently, please use Commission (the ‘‘Commission’’) the improvement program for orders only one method. The Commission will proposed rule change as described in designated as ‘‘Retail Orders’’ pursuant post all comments on the Commission’s Items I, II and III below, which Items to proposed Rule 7.31(i)(4). Instead, by internet website (http://www.sec.gov/ have been prepared by the self- adding the proposed Retail Modifier to rules/sro.shtml). Copies of the regulatory organization. The proposed Rule 7.31(i)(4) now, the submission, all subsequent Commission is publishing this notice to Exchange will have flexibility in the amendments, all written statements future to amend its Fee Schedule to add with respect to the proposed rule 40 17 CFR 200.30–3(a)(12). rates designated for ‘‘Retail Orders.’’ 1 15 U.S.C. 78s(b)(1). 38 15 U.S.C. 78s(b)(3)(A)(ii). 2 15 U.S.C. 78a. 4 See Rules 1.1(h) (definition of ETP) & (i) 39 17 CFR 240.19b–4(f)(2). 3 17 CFR 240.19b–4. (definition of ETP Holder).

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Proposed Modifier for ‘‘Retail Orders’’ would only designate orders as ‘‘Retail The Exchange believes that the To define ‘‘Retail Orders,’’ the Orders’’ if all requirements of a Retail proposed amendment to Rule 7.31(i) to Exchange proposes to amend Rule 7.31 Order are met. Such written policies add a Retail Modifier would remove (Orders and Modifiers) to add a new and procedures must require the ETP impediments to and perfect the subsection (i)(4), titled ‘‘Retail Holder to (i) exercise due diligence mechanism of a free and open market Modifier’’ to establish requirements for before entering a Retail Order to assure and a national market system because Retail Orders on the Exchange. These that entry as a Retail Order is in the proposed requirements are based on requirements are based on the compliance with the requirements existing requirements for orders designated as ‘‘retail’’ on NYSE requirements to enter orders with specified by the Exchange, and (ii) American, NYSE, and NYSE Arca for ‘‘retail’’ modifiers for purposes of rates monitor whether orders entered as purposes of fees and credits on those available for such orders on the Retail Orders meet the applicable exchanges, and therefore are not novel. Exchange’s affiliates, NYSE American requirements. If an ETP Holder In addition, the proposed designation, LLC (‘‘NYSE American’’), New York represents Retail Orders from another attestation, and written policies and Stock Exchange, LLC (‘‘NYSE’’), and broker-dealer customer, the ETP procedures are also based on existing NYSE Arca, Inc. (‘‘NYSE Arca’’).5 Holder’s supervisory procedures must procedures for similarly-defined orders Proposed Rule 7.31(i)(4)(A) would be reasonably designed to assure that on NYSE American, NYSE, and NYSE define ‘‘Retail Order’’ as an agency order the orders it receives from such broker- Arca, and therefore are not novel.8 The or a riskless principal order that meets dealer customer that it designates as Exchange believes that the proposed the criteria of FINRA Rule 5320.03 that Retail Orders meet the definition of a requirements to submit attestations and originates from a natural person and is Retail Order. The ETP Holder must (i) to maintain written policies and submitted to the Exchange by an ETP obtain an annual written representation, procedures are not unfairly Holder, provided that no change is in a form acceptable to the Exchange, from each broker-dealer customer that discriminatory, because they would made to the terms of the order with apply equally to all ETP Holders that respect to price or side of market and sends it orders to be designated as Retail Orders that entry of such orders as seek to enter Retail Orders. the order does not originate from a The Exchange further believes that trading algorithm or any other Retail Orders would be in compliance with the requirements specified by the adding the proposed Retail Modifier to computerized methodology. This its rules in advance of amending its Fee proposed rule is based on NYSE Exchange, and (ii) monitor whether its broker-dealer customer’s Retail Order Schedule to add rates for Retail Orders American Rule 7.31E(i)(4)(A) without would remove impediments to and any differences. flow continues to meet the applicable requirements. This proposed rule is perfect the mechanism of a free and Proposed Rule 7.31(i)(4)(B) would open market and a national market specify that in order for an ETP Holder based on NYSE American Rule 7.31E(i)(4)(D) without any differences. system because by adding the Retail to access the proposed Retail Order Modifier now, the Exchange will have pricing, the ETP Holder would be Proposed Rule 7.31(i)(4)(E) would more flexibility in the future to amend required to designate an order as a specify that an ETP Holder that fails to its Fee Schedule to add rates specific to Retail Order in the form and/or manner abide by the requirements specified in Retail Orders pursuant to a proposed prescribed by the Exchange. This paragraphs (i)(4)(A)–(D) of Rule 7.31 rule change filed under Section proposed rule is based on NYSE would not be eligible for the Retail 19(b)(3)(A) of the Act 9 and Rule 19b– American Rule 7.31E(i)(4)(B) without Order rates for orders it designates as 4(f)(2) 10 thereunder. any differences. ‘‘Retail Orders.’’ This proposed rule is The proposed retail modifier for Proposed Rule 7.31(i)(4)(C) would based on NYSE American Rule purposes of providing different rates for specify that in order to submit a Retail 7.31E(i)(4)(E) without any differences. ‘‘Retail Orders’’ is also based in part on Order, an ETP Holder must submit an 2. Statutory Basis the availability of such modifiers on the attestation, in a form prescribed by the Nasdaq Stock Market LLC (‘‘Nasdaq’’) Exchange, that substantially all orders The Exchange believes that the and Cboe EDGX Exchange, Inc. designated as ‘‘Retail Orders’’ would proposed rule change is consistent with (‘‘EDGX’’), which both offer pricing for meet the requirements set out in the Section 6(b) of the Act,6 in general, and orders designated as ‘‘retail’’ under their definition above. This proposed rule is furthers the objectives of Sections respective rules, even in the absence of based on NYSE American Rule 6(b)(5) of the Act,7 in particular, because a retail price improvement program. For 7.31E(i)(4)(C) without any differences. it is designed to prevent fraudulent and example, Nasdaq defines the term Proposed Rule 7.31(i)(4)(D) would manipulative acts and practices, to ‘‘Designated Retail Order’’ on its Price specify that an ETP Holder must have promote just and equitable principles of List as: written policies and procedures trade, to foster cooperation and [A]n agency or riskless principal order reasonably designed to assure that it coordination with persons engaged in that meets the criteria of FINRA Rule regulating, clearing, settling, processing 5320.03 and that originates from a 5 See Securities Exchange Act Release Nos. 92254 information with respect to, and natural person and is submitted to (June 24, 2021) (SR–NYSEAMER–2021–31) facilitating transactions in securities, to Nasdaq by a member that designates it (approving the addition of ‘‘retail’’ order modifier at NYSE American Rule 7.31E(i)(4)); 72253 (May 27, remove impediments to and perfect the pursuant to this section, provided that 2014), 79 FR 31353 (June 2, 2014) (SR–NYSE–2014– mechanism of a free and open market no change is made to the terms of the 26) (approving the addition of ‘‘retail’’ order and a national market system, and, in order with respect to price or side of modifier at NYSE Rule 13(f)); and 67540 (July 30, general, to protect investors and the market and the order does not originate 2012), 77 FR 46539 (August 3, 2012) (SR– NYSEArca–2012–77) (approving the addition of public interest and because it is not ‘‘retail’’ order modifier on NYSE Arca). These designed to permit unfair 8 As noted above (see supra note 5), the proposed requirements are distinct from, but related to, the discrimination between customers, changes are based not on the Retail Liquidity requirements for a ‘‘Retail Order’’ on the Retail issuers, brokers, or dealers. Programs available on NYSE and NYSE Arca, but Liquidity Programs available on NYSE and NYSE on the availability of retail fees on those exchanges Arca. See NYSE Rule 7.44 and NYSE Arca Rule for orders properly designated as ‘‘retail’’ orders. 7.44–E. The Exchange does not offer a ‘‘Retail 6 15 U.S.C. 78f(b). 9 15 U.S.C. 78s(b)(3)(A). Liquidity Program.’’ 7 15 U.S.C. 78f(b)(5). 10 17 CFR 240.19b–4(f)(2).

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from a trading algorithm or any other C. Self-Regulatory Organization’s All submissions should refer to File computerized methodology. An order Statement on Comments on the Number SR–NYSENAT–2021–15. This from a ‘‘natural person’’ can include Proposed Rule Change Received From file number should be included on the orders on behalf of accounts that are Members, Participants, or Others subject line if email is used. To help the held in a corporate legal form—such as No written comments were solicited Commission process and review your an Individual Retirement Account, or received with respect to the proposed comments more efficiently, please use Corporation, or a Limited Liability rule change. only one method. The Commission will Company—that has been established for post all comments on the Commission’s III. Date of Effectiveness of the the benefit of an individual or group of internet website (http://www.sec.gov/ Proposed Rule Change and Timing for related family members, provided that rules/sro.shtml). Copies of the Commission Action the order is submitted by an individual. submission, all subsequent Members must submit a signed written Because the foregoing proposed rule amendments, all written statements attestation, in a form prescribed by change does not (i) significantly affect with respect to the proposed rule Nasdaq, that they have implemented the protection of investors or the public change that are filed with the policies and procedures that are interest; (ii) impose any significant Commission, and all written reasonably designed to ensure that burden on competition; and; (iii) communications relating to the substantially all orders designated by become operative for 30 days from the proposed rule change between the date on which it was filed, or such the member as ‘‘Designated Retail Commission and any person, other than shorter time as the Commission may Orders’’ comply with these those that may be withheld from the designate, it has become effective requirements. Orders may be designated public in accordance with the pursuant to Section 19(b)(3)(A) of the on an order by-order basis, or by Act 14 and Rule 19b–4(f)(6) 15 provisions of 5 U.S.C. 552, will be designating all orders on a particular thereunder. available for website viewing and order entry port as Designated Retail At any time within 60 days of the printing in the Commission’s Public Orders.11 filing of the proposed rule change, the Reference Room, 100 F Street NE, Nasdaq does not have a corresponding Commission summarily may Washington, DC 20549 on official definition of ‘‘Designated Retail Order’’ temporarily suspend such rule change if business days between the hours of in its trading rules. it appears to the Commission that such 10:00 a.m. and 3:00 p.m. Copies of the action is necessary or appropriate in the filing also will be available for B. Self-Regulatory Organization’s public interest, for the protection of inspection and copying at the principal Statement on Burden on Competition investors, or otherwise in furtherance of office of the Exchange. All comments the purposes of the Act. If the received will be posted without change. In accordance with Section 6(b)(8) of Commission takes such action, the Persons submitting comments are the Act,12 the Exchange believes that the Commission will institute proceedings cautioned that we do not redact or edit proposed rule change would not impose to determine whether the proposed rule any burden on competition that is not personal identifying information from change should be approved or comment submissions. You should necessary or appropriate in furtherance disapproved. of the purposes of the Act. Instead, the submit only information that you wish Exchange believes that the proposed IV. Solicitation of Comments to make available publicly. All submissions should refer to File rule change would promote competition Interested persons are invited to Number SR–NYSENAT–2021–15 and because it is based on the availability of submit written data, views, and should be submitted on or before similar ‘‘retail’’ modifiers on NYSE arguments concerning the foregoing, American, NYSE, NYSE Arca, Nasdaq, including whether the proposed rule August 16, 2021. and EDGX. More specifically, multiple change is consistent with the Act. For the Commission, by the Division of other cash equity exchanges offer Comments may be submitted by any of Trading and Markets, pursuant to delegated pricing for orders designated as ‘‘retail’’ the following methods: authority.16 orders, even in the absence of a retail Electronic Comments J. Matthew DeLesDernier, price improvement program on those Assistant Secretary. • Use the Commission’s internet exchanges.13 The Exchange believes that [FR Doc. 2021–15822 Filed 7–23–21; 8:45 am] the proposed change could promote comment form (http://www.sec.gov/ rules/sro.shtml); or BILLING CODE 8011–01–P competition between the Exchange and • Send an email to rule-comments@ other execution venues, including those sec.gov. Please include File Number SR– that currently offer similar order types NYSENAT–2021–15 on the subject line. and comparable transaction pricing, by providing the Exchange with the Paper Comments flexibility to amend its Fee Schedule to • Send paper comments in triplicate similarly provide pricing for orders to: Secretary, Securities and Exchange designated as Retail Orders. Commission, 100 F Street NE, Washington, DC 20549–1090.

14 15 U.S.C. 78s(b)(3)(A). 15 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 11 Nasdaq Equity 7, section 118; see also Cboe 4(f)(6) requires a self-regulatory organization to give EDGX Rule 11.21 (defining ‘‘Retail Order’’ and the Commission written notice of its intent to file the proposed rule change at least five business days establishing attestation requirement to access prior to the date of filing of the proposed rule preferential pricing for such orders). change, or such shorter time as designated by the 12 15 U.S.C. 78f(b)(8). Commission. The Exchange has satisfied this 13 See supra notes 5, 11. requirement. 16 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s business day series of options on QQQ COMMISSION Statement of the Purpose of, and the to expire on any Wednesday of the Statutory Basis for, the Proposed Rule month that is a business day and is not [Release No. 34–92453; File No. SR– Change a Wednesday in which Quarterly Options Series on the same class expire NYSEArca–2021–63] 1. Purpose (‘‘Wednesday QQQ Expirations’’). The Self-Regulatory Organizations; NYSE The purpose of this filing is to amend Exchange may list up to five Arca, Inc.; Notice of Filing and Rule 6.4–O, Series of Options Open for consecutive Wednesday QQQ Immediate Effectiveness of Proposed Trading, to permit Monday and Expirations at one time; the Exchange Wednesday expirations for options Rule Change To Permit Monday and may have no more than a total of five listed pursuant to the Short Term Wednesday Expirations for Options Wednesday QQQ Expirations. Options Series Program (‘‘Program’’) on Listed Pursuant to the Short Term QQQ. Monday and Wednesday Expirations Option Series Program on the Invesco A Short Term Options Series is a The interval between strike prices for SM QQQ Trust Series (‘‘QQQ’’) ETF Trust series in an option class that is the proposed Monday and Wednesday July 21, 2021. approved for listing and trading on the QQQ Expirations will be the same as Exchange in which the series is opened those for the current Short Term Option Pursuant to Section 19(b)(1) 1 of the for trading on any Monday, Tuesday, Series for Wednesday and Friday Securities Exchange Act of 1934 (the Wednesday, Thursday or Friday that is expirations applicable to the Program.6 ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 a business day and that expires on the Specifically, the Monday and notice is hereby given that, on July 12, Monday, Wednesday or Friday of the Wednesday QQQ Expirations will have 2021, NYSE Arca, Inc. (‘‘NYSE Arca’’ or next business week, or, in the case of a a $0.50 strike interval minimum.7 As is the ‘‘Exchange’’) filed with the series that is listed on a Friday and the case with other equity options series Securities and Exchange Commission expires on a Monday, is listed one listed pursuant to the Program, the (the ‘‘Commission’’) the proposed rule business week and one business day Monday and Wednesday QQQ change as described in Items I and II prior to that expiration.4 The Exchange Expirations series will be P.M. settled. below, which Items have been prepared is proposing to amend Rule 6.4–O Pursuant to Rule 6.1–O,8 with respect by the self-regulatory organization. The Commentary .07(g) to permit the listing to the Program, if Monday is not a Commission is publishing this notice to of options series that expire on Mondays business day the series shall expire on solicit comments on the proposed rule and Wednesdays in QQQ. the first business day immediately change from interested persons. following that Monday. This procedure Monday Expirations differs from the expiration date of I. Self-Regulatory Organization’s As proposed, with respect to Monday Wednesday expiration series that are Statement of the Terms of Substance of QQQ Expirations within Rule 6.4–O scheduled to expire on a holiday. the Proposed Rule Change Commentary .07, the Exchange may Pursuant to Rule 6.1–O 9 a Wednesday open for trading on any Friday or expiration series shall expire on the first The Exchange proposes to amend Monday that is a business day series of business day immediately prior to that Rule 6.4–O to permit Monday and options on QQQ to expire on any Wednesday, e.g., Tuesday of that week, Wednesday expirations for options Monday of the month that is a business if the Wednesday is not a business day. listed pursuant to the Short Term day and is not a Monday in which For purposes of QQQ, however, the Options Series Program on the Invesco Quarterly Options Series on the same Exchange believes that it is preferable to QQQ TrustTM Series (‘‘QQQ’’) ETF class expire (‘‘Monday QQQ require Monday expiration series in this Trust. The proposed rule change is Expirations’’), provided that Monday scenario to expire on the Tuesday of available on the Exchange’s website at QQQ Expirations that are listed on a that week rather than the previous www.nyse.com, at the principal office of Friday must be listed at least one business day, e.g., the previous Friday, the Exchange, and at the Commission’s business week and one business day since the Tuesday is closer in time to Public Reference Room. prior to the expiration. The Exchange the scheduled expiration date of the may list up to five consecutive Monday series than the previous Friday, and II. Self-Regulatory Organization’s QQQ Expirations at one time; the therefore may be more representative of Statement of the Purpose of, and Exchange may have no more than a total anticipated market conditions. Nasdaq Statutory Basis for, the Proposed Rule of five Monday QQQ Expirations.5 PHLX LLC (‘‘Phlx’’) uses the same Change Wednesday Expirations procedure for QQQ with Monday and 10 In its filing with the Commission, the Wednesday expirations. Nasdaq As proposed, with respect to Phlx 11 and Nasdaq ISE, LLC (‘‘ISE’’) 12 self-regulatory organization included Wednesday QQQ Expirations within statements concerning the purpose of, also use the same procedure for options Rule 6.4–O Commentary .07, the on the Nasdaq-100® (‘‘NDX’’) with and basis for, the proposed rule change Exchange may open for trading on any and discussed any comments it received Monday expirations that are listed Tuesday or Wednesday that is a pursuant to its Nonstandard Expirations on the proposed rule change. The text of those statements may be examined at 4 See NYSE Arca Rule 6.1–O(b)41. Short Term 6 See NYSE Arca Rule 6.4–O Commentary .07(g). Option Series. the places specified in Item IV below. 7 See NYSE Arca Rule 6.4–O Commentary .07(e). 5 The Exchange proposes to make a clarifying The Exchange has prepared summaries, 8 Rule 6.1–O, Definition of ‘‘Short Term Option change to Rule 6.4–O Commentary .07(g) to make Series.’’ set forth in sections A, B, and C below, clear that the Exchange may have no more than a 9 of the most significant parts of such total of five each of Wednesday SPY Expirations Id. statements. and Wednesday QQQ Expirations and a total of five 10 See Securities Exchange Act Release No. 91238 each of Monday SPY Expirations and Monday QQQ (March 2, 2021), 86 FR 13404 (March 8, 2021) (SR– Expirations. The Exchange also proposes to make a Phlx–2021–10). 1 15 U.S.C. 78s(b)(1). non-substantive change to add the word ‘‘business’’ 11 See Phlx Options 4A, Section 12(b)(5). 2 15 U.S.C. 78a. before ‘‘day’’ in the first sentence of Rule 6.4–O 12 See ISE Supplementary Material .07 to Options 3 17 CFR 240.19b–4. Commentary .07(g). 4A, Section 12.

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Pilot Programs, respectively. Cboe week every month because there was a market movements stemming from Exchange, Inc. (‘‘Cboe’’) uses the same monthly QQQ expiration on the Friday economic releases or market events that procedure for options on the S&P500 of that week would create investor occur throughout the month in the same index (‘‘SPX’’) with Monday expirations confusion. way that the Program has expanded the that are listed pursuant to its The Exchange does not believe that landscape of hedging. Similarly, the Nonstandard Expirations Pilot Program any market disruptions will be Exchange believes Monday and and that are scheduled to expire on a encountered with the introduction of Wednesday QQQ Expirations should holiday.13 P.M.-settled Monday and Wednesday create greater trading and hedging Currently, for each option class QQQ expirations. The Exchange has the opportunities and flexibility, and will eligible for participation in the Program, necessary capacity and surveillance provide customers with the ability to the Exchange is limited to opening programs in place to support and tailor their investment objectives more thirty (30) series for each expiration date properly monitor trading in the effectively. The Exchange currently lists for the specific class.14 The thirty (30) proposed Monday and Wednesday QQQ Monday and Wednesday SPY series restriction does not include series Expirations. The Exchange currently Expirations.19 Also, Cboe 20 currently that are open by other securities trades P.M.-settled Short Term Option permits Monday and Wednesday exchanges under their respective short Series that expire Monday and expirations for other options with a term options rules; the Exchange may Wednesday for SPY and has not weekly expiration, such as options on list these additional series that are listed experienced any market disruptions nor the SPX pursuant to its Nonstandard by other exchanges.15 This thirty (30) issues with capacity. The Exchange Expirations Pilot Program and Phlx 21 series restriction would apply to currently has surveillance programs in and ISE 22 currently permit Monday and Monday and Wednesday QQQ place to support and properly monitor Wednesday expirations for other Expiration series as well. In addition, trading in Short Term Option Series that options with a weekly expiration on the Exchange will be able to list series expire Monday and Wednesday for SPY. NDX pursuant to its Nonstandard that are listed by other exchanges, Similar to SPY, the introduction of Expirations Pilot Programs, respectively. assuming they file similar rules with the Monday and Wednesday QQQ With the exception of Monday Commission to list QQQ options Expirations will, among other things, expiration series that are scheduled to expiring on Mondays and Wednesdays. expand hedging tools available to expire on a holiday, there are no Finally, the Exchange is amending market participants and continue the material differences in the treatment of Rule 6.4–O Commentary .07(a), which reduction of the premium cost of buying Monday and Wednesday QQQ addresses the listing of Short Term protection. The Exchange believes that Expirations for Short Term Option Options Series that expire in the same Monday and Wednesday QQQ Series. The Exchange believes that it is week as monthly or quarterly options Expirations will allow market consistent with the Act to treat Monday series. Currently, that rule states that no participants to purchase QQQ based on expiration series that expire on a Short Term Option Series may expire in their timing as needed and allow them holiday differently than Wednesday or the same week in which monthly option to tailor their investment and hedging Friday expiration series, since the series on the same class expire (with the needs more effectively. proposed treatment for Monday exception of Monday and Wednesday 2. Statutory Basis expiration series will result in an SPY Expirations) or, in the case of expiration date that is closer in time to The Exchange believes that its Quarterly Options Series, on an the scheduled expiration date of the proposed rule change is consistent with expiration that coincides with an series, and therefore may be more Section 6(b) of the Act 17 in general, and expiration of Quarterly Options Series representative of anticipated market furthers the objectives of Section 6(b)(5) on the same class.16 As with Monday conditions. Monday SPY expirations are of the Act 18 in particular, in that it is and Wednesday SPY Expirations, the currently treated in this manner.23 designed to prevent fraudulent and Exchange is proposing to permit Cboe 24 uses the same procedure for SPX manipulative acts and practices, to Monday and Wednesday QQQ options with Monday expirations that promote just and equitable principles of Expirations to expire in the same week are listed pursuant to its Nonstandard trade, to foster cooperation and as monthly options series on the same Expirations Pilot Program and that are coordination with persons engaged in class. The Exchange believes that it is scheduled to expire on a holiday, as do facilitating transactions in securities, to reasonable to extend this exemption to Phlx 25 and ISE 26 for NDX options with remove impediments to and perfect the Monday and Wednesday QQQ Monday expirations that are listed mechanisms of a free and open market Expirations because Monday and pursuant to their Nonstandard and a national market system and, in Wednesday QQQ Expirations and Expirations Pilot Programs, respectively. general, to protect investors and the standard monthly options will not Given the similarities between public interest. expire on the same trading day, as The proposed rule change is intended Monday and Wednesday SPY standard monthly options expire on to provide the investing public and Expirations and the proposed Monday Fridays. Additionally, the Exchange other market participants more and Wednesday QQQ Expirations, the believes that not listing Monday and flexibility to closely tailor their Exchange believes that applying the Wednesday QQQ Expirations for one investment and hedging decisions in provisions in NYSE Arca Rule 6.4–O QQQ options, thus allowing them to Commentary .07 that currently apply to 13 See Cboe Rule 4.13(e)(1) ‘‘. . . If the Exchange Monday and Wednesday SPY is not open for business on a respective Monday, better manage their risk exposure. the normally Monday expiring Weekly Expirations In particular, the Exchange believes 19 Supra note 14. will expire on the following business day. If the the Program has been successful to date 20 Supra note 13. Exchange is not open for business on a respective and that Monday and Wednesday QQQ Wednesday or Friday, the normally Wednesday or 21 Supra note 11. Friday expiring Weekly Expirations will expire on Expirations should simply expand the 22 Supra note 12. the previous business day.’’ ability of investors to hedge risk against 23 Supra note 14. 14 See NYSE Arca Rule 6.4–O Commentary .07. 24 Supra note 13. 15 Id. 17 15 U.S.C. 78f(b). 25 Supra note 11. 16 See NYSE Arca Rule 6.4–O Commentary .07(a). 18 15 U.S.C. 78f(b)(5). 26 Supra note 12.

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Expirations to Monday and Wednesday nothing prevents the other options trade. For these reasons, the QQQ Expirations is justified. For exchanges from proposing similar rules Commission believes that the proposed example, the Exchange believes that to list and trade Short-Term Option rule change presents no novel issues allowing Monday and Wednesday QQQ Series with Monday and Wednesday and that waiver of the 30-day operative Expirations and monthly QQQ expirations. delay is consistent with the protection expirations in the same week will of investors and the public interest, and benefit investors and minimize investor C. Self-Regulatory Organization’s will allow the Exchange to remain confusion by providing Monday and Statement on Comments on the competitive with other exchanges. Wednesday QQQ Expirations in a Proposed Rule Change Received From Accordingly, the Commission hereby continuous and uniform manner. The Members, Participants, or Others waives the operative delay and Exchange also believes that it is No written comments were solicited designates the proposed rule change appropriate to amend NYSE Arca Rule or received with respect to the proposed operative upon filing.36 6.4–O Commentary .07 to clarify that no rule change. At any time within 60 days of the filing of the proposed rule change, the Short Term Option Series may expire on III. Date of Effectiveness of the the same day as an expiration of Commission summarily may Proposed Rule Change and Timing for temporarily suspend such rule change if Quarterly Option Series on the same Commission Action class, same as SPY. it appears to the Commission that such The Exchange represents that it has an Because the foregoing proposed rule action is necessary or appropriate in the adequate surveillance program in place change does not: (i) Significantly affect public interest, for the protection of to detect manipulative trading in the protection of investors or the public investors, or otherwise in furtherance of Monday and Wednesday expirations, interest; (ii) impose any significant the purposes of the Act. If the including Monday and Wednesday burden on competition; and (iii) become Commission takes such action, the QQQ Expirations, in the same way that operative for 30 days from the date on Commission shall institute proceedings it monitors trading in the current Short which it was filed, or such shorter time to determine whether the proposed rule Term Option Series and trading in as the Commission may designate, it has change should be approved or Monday and Wednesday SPY become effective pursuant to Section disapproved. 19(b)(3)(A) of the Act 31 and Rule 19b– Expirations. The Exchange also IV. Solicitation of Comments represents that it has the necessary 4(f)(6) thereunder.32 systems capacity to support the new A proposed rule change filed under Interested persons are invited to options series. Finally, the Exchange Rule 19b–4(f)(6) 33 normally does not submit written data, views, and does not believe that any market become operative prior to 30 days after arguments concerning the foregoing, disruptions will be encountered with the date of the filing. However, pursuant including whether the proposed rule the introduction of Monday and to Rule 19b–4(f)(6)(iii),34 the change is consistent with the Act. Wednesday QQQ Expirations. Commission may designate a shorter Comments may be submitted by any of time if such action is consistent with the the following methods: B. Self-Regulatory Organization’s protection of investors and the public Statement on Burden on Competition Electronic Comments interest. The Exchange has requested • The Exchange does not believe that that the Commission waive the 30-day Use the Commission’s internet the proposed rule change will impose operative delay so that the proposal may comment form (http://www.sec.gov/ any burden on competition that is not become operative immediately upon rules/sro.shtml); or • Send an email to rule-comments@ necessary or appropriate in furtherance filing. The Commission notes that it sec.gov. Please include File Number SR– of the purposes of the Act. The recently approved Phlx’s substantially NYSEArca–2021–63 on the subject line. Exchange notes that having Monday and similar proposal to list and trade Wednesday QQQ Expirations is not a Monday QQQ Expirations and Paper Comments novel proposal, as Monday and Wednesday QQQ Expirations.35 The • Send paper comments in triplicate Wednesday SPY Expirations are Exchange has stated that waiver of the to Secretary, Securities and Exchange 27 currently listed on the Exchange. operative delay is consistent with the Commission, 100 F Street NE, 28 Cboe uses the same procedure for SPX protection of investors and the public Washington, DC 20549–1090. options with Monday expirations that interest as it would encourage fair All submissions should refer to File are listed pursuant to its Nonstandard competition among exchanges by Number SR–NYSEArca–2021–63. This Expirations Pilot Program and that are allowing the Exchange to compete file number should be included on the scheduled to expire on a holiday, as do effectively with Phlx by having the 29 30 subject line if email is used. To help the Phlx and ISE for NDX options with ability to list and trade the same Commission process and review your Monday expirations that are listed Monday and Wednesday QQQ comments more efficiently, please use pursuant to their Nonstandard Expirations that Phlx is able to list and only one method. The Commission will Expirations Pilot Programs, respectively. post all comments on the Commission’s The Exchange does not believe the 31 15 U.S.C. 78s(b)(3)(A). internet website (http://www.sec.gov/ proposal will impose any burden on 32 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– rules/sro.shtml). Copies of the intra-market competition, as all market 4(f)(6)(iii) requires a self-regulatory organization to give the Commission written notice of its intent to submission, all subsequent participants will be treated in the same file the proposed rule change, along with a brief amendments, all written statements manner under this proposal. description and text of the proposed rule change, with respect to the proposed rule Additionally, the Exchange does not at least five business days prior to the date of filing change that are filed with the believe the proposal will impose any of the proposed rule change, or such shorter time as designated by the Commission. The Exchange Commission, and all written burden on inter-market competition, as has satisfied this requirement. 33 17 CFR 240.19b–4(f)(6). 36 For purposes only of waiving the 30-day 27 Supra note 14. 34 17 CFR 240.19b–4(f)(6)(iii). operative delay, the Commission also has 28 Supra note 13. 35 See Securities Exchange Act Release No. 91614 considered the proposed rule’s impact on 29 Supra note 11. (April 20, 2021), 86 FR 22082 (April 26, 2021) (SR– efficiency, competition, and capital formation. See 30 Supra note 12. Phlx–2021–10). 15 U.S.C. 78c(f).

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communications relating to the U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) SECURITIES AND EXCHANGE proposed rule change between the and (10) and 17 CFR 200.402(a)(3), COMMISSION Commission and any person, other than (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and those that may be withheld from the (a)(10), permit consideration of the [Release No. 34–92451; File No. 4–698] public in accordance with the scheduled matters at the closed meeting. provisions of 5 U.S.C. 552, will be Joint Industry Plan; Order Instituting The subject matter of the closed available for website viewing and Proceedings To Determine Whether To meeting will consist of the following printing in the Commission’s Public Approve or Disapprove an Amendment Reference Room, 100 F Street NE, topics: to the National Market System Plan Washington, DC 20549 on official Institution and settlement of Governing the Consolidated Audit Trail business days between the hours of injunctive actions; July 20, 2021. 10:00 a.m. and 3:00 p.m. Copies of the Institution and settlement of filing also will be available for administrative proceedings; I. Introduction inspection and copying at the principal Resolution of litigation claims; and On March 31, 2021, the Operating office of the Exchange. All comments Committee for Consolidated Audit Trail, Other matters relating to examinations received will be posted without change. LLC (‘‘CAT LLC’’ or the ‘‘Company’’), on Persons submitting comments are and enforcement proceedings. behalf of the following parties to the cautioned that we do not redact or edit At times, changes in Commission National Market System Plan Governing personal identifying information from priorities require alterations in the the Consolidated Audit Trail (the ‘‘CAT comment submissions. You should scheduling of meeting agenda items that NMS Plan’’ or ‘‘Plan’’): 1 BOX Exchange submit only information that you wish may consist of adjudicatory, LLC; Cboe BYX Exchange, Inc., Cboe to make available publicly. All examination, litigation, or regulatory BZX Exchange, Inc., Cboe EDGA submissions should refer to File matters. Exchange, Inc., Cboe EDGX Exchange, Number SR–NYSEArca–2021–63, and Inc., Cboe C2 Exchange, Inc., Cboe should be submitted on or before CONTACT PERSON FOR MORE INFORMATION: Exchange, Inc., Financial Industry August 16, 2021. For further information; please contact Regulatory Authority, Inc. (‘‘FINRA’’), For the Commission, by the Division of Vanessa A. Countryman from the Office Investors Exchange LLC, Long-Term Trading and Markets, pursuant to delegated of the Secretary at (202) 551–5400. Stock Exchange, Inc., Miami authority.37 Dated: July 22, 2021. International Securities Exchange LLC, J. Matthew DeLesDernier, Vanessa A. Countryman, MEMX, LLC, MIAX Emerald, LLC, Assistant Secretary. MIAX PEARL, LLC, Nasdaq BX, Inc., Secretary. [FR Doc. 2021–15832 Filed 7–23–21; 8:45 am] Nasdaq GEMX, LLC, Nasdaq ISE, LLC, [FR Doc. 2021–15936 Filed 7–22–21; 11:15 am] BILLING CODE 8011–01–P Nasdaq MRX, LLC, Nasdaq PHLX LLC, BILLING CODE 8011–01–P The NASDAQ Stock Market LLC, New York Stock Exchange LLC, NYSE SECURITIES AND EXCHANGE American LLC, NYSE Arca, Inc., NYSE COMMISSION SECURITIES AND EXCHANGE Chicago, Inc., and NYSE National, Inc. COMMISSION (collectively, the ‘‘Participants,’’ ‘‘self- Sunshine Act Meetings regulatory organizations,’’ or ‘‘SROs’’) Sunshine Act Meeting; Cancellation filed with the Securities and Exchange TIME AND DATE: 2:00 p.m. on Thursday, Commission (‘‘SEC’’ or ‘‘Commission’’) July 29, 2021. FEDERAL REGISTER CITATION OF PREVIOUS pursuant to Section 11A(a)(3) of the PLACE: The meeting will be held via ANNOUNCEMENT: 86 FR 38391, July 20, Securities Exchange Act of 1934 remote means and/or at the 2021. (‘‘Exchange Act’’),2 and Rule 608 Commission’s headquarters, 100 F thereunder,3 a proposed amendment Street NE, Washington, DC 20549. PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING: Thursday, July 22, 2021 at (‘‘Proposed Amendment’’) to the CAT STATUS: This meeting will be closed to 2:00 p.m. NMS Plan to implement a revised the public. funding model (‘‘Proposed Funding MATTERS TO BE CONSIDERED: CHANGES IN THE MEETING: The Closed Model’’) for the consolidated audit trail Commissioners, Counsel to the Meeting scheduled for Thursday, July (‘‘CAT’’) and to establish a fee schedule Commissioners, the Secretary to the 22, 2021 at 2:00 p.m., has been for Participant CAT fees in accordance Commission, and recording secretaries cancelled. with the Proposed Funding Model will attend the closed meeting. Certain (‘‘Participant Fee Schedule’’). The CONTACT PERSON FOR MORE INFORMATION: staff members who have an interest in Proposed Amendment was published the matters also may be present. For further information; please contact for comment in the Federal Register on In the event that the time, date, or Vanessa A. Countryman from the Office April 21, 2021.4 location of this meeting changes, an of the Secretary at (202) 551–5400. announcement of the change, along with Dated: July 21, 2021. 1 The CAT NMS Plan is a national market system plan approved by the Commission pursuant to the new time, date, and/or place of the Vanessa A. Countryman, meeting will be posted on the Section 11A of the Exchange Act and the rules and Secretary. regulations thereunder. See Securities Exchange Act Commission’s website at https:// Release No. 79318 (November 15, 2016), 81 FR [FR Doc. 2021–15907 Filed 7–22–21; 11:15 am] www.sec.gov. 84696 (November 23, 2016). The General Counsel of the BILLING CODE 8011–01–P 2 15 U.S.C. 78k–1(a)(3). Commission, or his designee, has 3 17 CFR 242.608. certified that, in his opinion, one or 4 See Notice of Filing of Amendment to the National Market System Plan Governing the more of the exemptions set forth in 5 Consolidated Audit Trail, Release No. 91555 (April 14, 2021), 86 FR 21050 (‘‘Notice’’). Comments 37 17 CFR 200.30–3(a)(12). received in response to the Notice can be found on

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This order institutes proceedings, and/or Industry Members).’’ 12 Under Participants if these deadlines are under Rule 608(b)(2)(i) of Regulation the Plan, such fees are to be missed.17 NMS,5 to determine whether to implemented in accordance with On April 21, 2021, the Nasdaq and disapprove the Proposed Amendment or various funding principles, including an Cboe Participants 18 filed proposed rule to approve the Proposed Amendment ‘‘allocation of the Company’s related changes to adopt a fee schedule to with any changes or subject to any costs among Participants and Industry establish CAT fees applicable to their conditions the Commission deems Members that is consistent with the Industry Members 19 in accordance with necessary or appropriate after Exchange Act taking into account . . . the Proposed Funding Model (the considering public comment. distinctions in the securities trading ‘‘Industry Member Fee Filings’’). In the Industry Member Fee Filings, the II. Background operations of Participants and Industry Members and their relative impact upon Nasdaq and Cboe Participants stated On July 11, 2012, the Commission the Company resources and operations’’ that the fee schedule provisions will adopted Rule 613 of Regulation NMS, and the ‘‘avoid[ance of] any become operative upon the which required the SROs to submit a disincentives such as placing an Commission’s approval of the Proposed national market system (‘‘NMS’’) plan to inappropriate burden on competition Amendment. On June 17, 2021, the create, implement and maintain a and reduction in market quality.’’ 13 Commission temporarily suspended the consolidated audit trail that would Nasdaq and Cboe Participants’ Industry capture customer and order event On May 15, 2020, the Commission Member Fee Filings and instituted information for orders in NMS adopted amendments to the CAT NMS proceedings to determine whether those securities.6 On November 15, 2016, the Plan designed to increase the filings should be approved or Commission approved the CAT NMS Participants’ financial accountability for disapproved.20 7 the timely completion of the CAT Plan. Under the CAT NMS Plan, the III. Summary of Proposal Operating Committee of the Company, (‘‘Financial Accountability 14 of which each Participant is a member, Amendments’’). The Financial Under the Proposed Amendment, the has the discretion (subject to the Accountability Amendments added Operating Committee proposes to revise funding principles set forth in the Plan) Section 11.6 to the CAT NMS Plan to certain aspects of the funding model set to establish funding for the Company to govern the recovery from Industry forth in Article XI of the CAT NMS Plan operate the CAT, including establishing Members of any fees, costs, and (the ‘‘Original Funding Model’’). The fees to be paid by the Participants and expenses (including legal and Original Funding Model uses a Industry Members.8 consulting fees, costs and expenses) bifurcated funding approach in which The Plan specified that, in incurred by or for the Company in costs associated with building and establishing the funding of the connection with the development, operating the CAT would be borne by (1) Industry Members (other than ATSs Company, the Operating Committee implementation and operation of the that execute transactions in Eligible shall establish ‘‘a tiered fee structure in CAT from June 22, 2020 until such time Securities 21 (‘‘Execution Venue ATSs’’)) which the fees charged to: (1) CAT that the Participants have completed through fixed tiered fees based on Reporters 9 that are Execution Venues,10 Full Implementation of CAT NMS Plan 15 message traffic for Eligible Securities, including ATSs,11 are based upon the Requirements (‘‘Post-Amendment and (2) Participants and Industry level of market share; (2) Industry Expenses’’). Section 11.6 establishes Members’ non-ATS activities are based target deadlines for four critical implementation milestones (Periods 1, 17 Id. at Section 11.6(a)(ii) and (iii). upon message traffic; and (3) the CAT 18 16 Cboe BYX Exchange, Inc. (‘‘CboeBYX’’), Cboe Reporters with the most CAT-related 2, 3 and 4) and reduces the amount BZX Exchange, Inc. (‘‘CboeBZX’’), Cboe C2 activity (measured by market share and/ of fee recovery available to the Exchange, Inc. (‘‘C2’’), Cboe EDGA Exchange, Inc. or message traffic, as applicable) are (‘‘Cboe EDGA’’), Cboe EDGX Exchange, Inc. (‘‘Cboe EDGX’’), Cboe Exchange, Inc. (‘‘Cboe’’), NASDAQ 12 Id. at Section 11.2(c). See Article XI of the CAT generally comparable (where, for these BX, Inc. (‘‘BX’’), Nasdaq GEMX, LLC (‘‘GEMX’’), NMS Plan for additional detail. comparability purposes, the tiered fee Nasdaq ISE, LLC (‘‘ISE’’), Nasdaq MRX, LLC 13 structure takes into consideration See CAT NMS Plan, supra note 1, at Section (‘‘MRX’’), NASDAQ PHLX LLC (‘‘Phlx’’), The 11.2(b) and (e). NASDAQ Stock Market LLC (‘‘Nasdaq’’) affiliations between or among CAT 14 See Securities Exchange Act Release No. 88890, (collectively, the ‘‘Nasdaq and Cboe Participants’’). Reporters, whether Execution Venues 85 FR 31322 (May 22, 2020). 19 See Securities Exchange Act Release Nos. 15 ‘‘Full Implementation of CAT NMS Plan 91750 (May 4, 2021), 86 FR 25045 (May 10, 2021) the Commission’s website at https://www.sec.gov/ Requirements’’ means ‘‘the point at which the (SR–BX–2021–018) (‘‘Proposed Fee Filing Notice’’); comments/4-698/4-698-a.htm. Participants have satisfied all of their obligations to 91751 (May 4, 2021), 86 FR 24941 (May 10, 2021) 5 17 CFR 242.608(b)(2)(i). build and implement the CAT, such that all CAT (SR–PHLX–2021–25); 91752 (May 4, 2021), 86 FR system functionality required by Rule 613 and the 6 17 CFR 242.613. 24921 (May 10, 2021) (SR–NASDAQ–2021–029); CAT NMS Plan has been developed, successfully 91753 (May 4, 2021), 86 FR 24994 (May 10, 2021) 7 See supra note 1. tested, and fully implemented at the initial Error (SR–MRX–2021–05); 91755 (May 4, 2021), 86 FR 8 The CAT NMS Plan defines ‘‘Industry Member’’ Rates specified by Section 6.5(d)(i) or less, 25035 (May 10, 2021) (SR–ISE–2021–08); 91756 as ‘‘a member of a national securities exchange or including functionality that efficiently permits the (May 4, 2021), 86 FR 24979 (May 10, 2021) (SR– a member of a national securities association.’’ See Participants and the Commission to access all CAT GEMX–2021–03); 91757 (May 4, 2021), 86 FR 24911 CAT NMS Plan, supra note 1, at Section 1.1. See Data required to be stored in the Central Repository (May 10, 2021) (SR–C2–2021–008); 91758 (May 4, also id. at Section 11.1(b). pursuant to Section 6.5(a), including Customer 2021), 86 FR 25004 (May 10, 2021) (SR–CboeEDGX– 9 The CAT NMS Plan defines ‘‘CAT Reporter’’ as Account Information, Customer-ID, Customer 2021–024); 91759 (May 4, 2021), 86 FR 24956 (May ‘‘each national securities exchange, national Identifying Information, and Allocation Reports, 10, 2021) (SR–CboeEDGA–2021–010); 91760 (May securities association and Industry Member that is and to analyze the full lifecycle of an order across 4, 2021), 86 FR 24966 (May 10, 2021) (SR–CBOE– required to record and report information to the the national market system, from order origination 2021–030); 91761 (May 4, 2021), 86 FR 25016 (May Central Repository pursuant to SEC Rule 613(c).’’ through order execution or order cancellation, 10, 2021) (SR–CboeBYX–2021–011); and 91762 Id. at Section 1.1. including any related allocation information (May 4, 2021), 86 FR 24931 (May 10, 2021) (SR– 10 The CAT NMS Plan defines ‘‘Execution Venue’’ provided in an Allocation Report. This Financial CboeBZX–2021–034). as ‘‘a Participant or an alternative trading system Accountability Milestone shall be considered 20 See Securities Exchange Act Release No. 92207 (‘ATS’) (as defined in Rule 300 of Regulation ATS) complete as of the date identified in a Quarterly (June 17, 2021), 86 FR 33448 (June 24, 2021). that operates pursuant to Rule 301 of Regulation Progress Report meeting the requirements of 21 The CAT NMS Plan defines ‘‘Eligible ATS (excluding any such ATS that does not execute Section 6.6(c).’’ See CAT NMS Plan, supra note 1, Securities’’ as including NMS securities and OTC orders).’’ Id. at Section 1.1. Equity Securities.’’ See CAT NMS Plan, supra note 11 Id. 16 Id. at Section 11.6(a)(i). 1, at Section 1.1.

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Members that are Execution Venue the CAT would be borne by (1) Members and Participants.29 The ATSs for Eligible Securities through Participants and Industry Members that Operating Committee proposes to fixed tiered fees based on market share. are Execution Venue ATSs for Eligible amend Sections 11.1(d), 11.2(c), 11.3(a) The Operating Committee proposes to Securities through fees based on market and 11.3(b) of the CAT NMS Plan to amend the CAT NMS Plan to adopt the share, and (2) Industry Members (other eliminate the concept of tiered fees from Proposed Funding Model. The Proposed than Execution Venue ATSs) through the CAT NMS Plan.30 Accordingly, Funding Model would continue to fees based on message traffic. Under the under the Proposed Funding Model, require many of the same elements as Proposed Funding Model, the concept each Industry Member would pay a fee the Original Funding Model, including of an Execution Venue would be based on its percentage of total Industry the bifurcated funding approach, and eliminated, and CAT costs would be Member message traffic (subject to the use of market share and message divided between Participants as a group proposed market maker message traffic traffic.22 The Proposed Funding Model, and Industry Members as a group; discounts,31 a minimum fee 32 and a however, would revise the Original Execution Venue ATSs would be treated maximum fee 33), and each Participant Funding Model in certain ways, like other Industry Members, instead of would pay a fee based on market including (1) dividing the CAT costs like Participants.23 The Operating share.34 The Operating Committee between Participants and Industry Committee explains that this would believes that tiered fees require Members, rather than between simplify the Proposed Funding Model continued reassessment of changes in Execution Venues and Industry by requiring all Industry Members message traffic, and that these Members (other than Execution Venue (instead of Industry Members other than assessments would be subjective and ATSs); (2) removing share volume in Execution Venue ATSs) to pay fees overly complex.35 OTC Equity Securities from the based on message traffic and would 4. Elimination of Fee Comparability calculation of market share for national address any concerns that treating Requirement From the CAT NMS Plan securities associations; (3) eliminating Execution Venue ATSs as Participants Funding Principles the use of tiers in calculating CAT fees would create a barrier to entry for for Participants and Industry Members; smaller ATSs.24 Accordingly, under the Section 11.2(c) of the CAT NMS Plan (4) removing from the CAT NMS Plan Proposed Amendment, the Operating requires the Operating Committee to funding principles the requirement that Committee proposes to delete the establish a fee structure in which the the fees charged to CAT Reporters with definition of the term ‘‘Execution fees charged to CAT Reporters with the the most CAT-related activity be Venue’’ and related provisions from the most CAT-related activity (measured by generally comparable; (5) eliminating CAT NMS Plan.25 market share and/or message traffic, as references to fixed fees for Participants applicable) are generally comparable. and Industry Members; (6) adopting 2. Treatment of OTC Equity Securities Section 11.2(c) explains that for certain minimum and maximum CAT The Original Funding Model includes comparability purposes, the tiered fee fees for Industry Members and reported share volume in OTC Equity structure takes into consideration Participants; and (7) imposing certain Securities in the calculation of market affiliations between or among CAT discounts for market making activity share for national securities Reporters. The Operating Committee when calculating Industry Member CAT associations.26 The Operating proposes to remove this requirement fees. Committee proposes to delete references from Section 11.2(c) of the Plan. The Operating Committee also to OTC Equity Securities from Section According to the Operating Committee, proposes to adopt a fee schedule to 11.3(a)(i) of the CAT NMS Plan. the comparability provision was used to establish the CAT fees applicable to Accordingly, under the Proposed determine tiers under the Original Participants based on the Proposed Funding Model, the calculation of Funding Model; however, since the Funding Model. The Participant Fee market share for national securities Operating Committee proposes to Schedule would establish the allocation associations would be based solely on remove fee tiering from the Proposed percentages and other variables for the share volume of trades reported in Funding Model,36 they believe this calculating the CAT fees under the NMS Stocks.27 The Operating provision is no longer relevant.37 Proposed Funding Model. Committee explains that the inclusion 5. No Fixed Fees A. Proposed Funding Model of OTC Equity Securities share volume in the calculation of market share would The Operating Committee proposes to 1. Categorization of Alternative Trading likely subject FINRA to higher fees since amend Sections 11.3(a) and (b) of the Systems FINRA would be assessed CAT fees Plan to eliminate references to ‘‘fixed The Original Funding Model employs based on market share calculated by fees’’ to be paid by Industry Members a bifurcated approach in which costs share volume, noting that many OTC and Participants from the CAT NMS associated with building and operating Equity Securities are priced below one Plan.38 Accordingly, under the dollar and transactions in such OTC Proposed Funding Model, the CAT fees 22 In the description of the Proposed Amendment, Equity Securities tend to involve larger to be paid by Industry Members would the Operating Committee states that message traffic quantities of shares than transactions in will be calculated based on Industry Members’ 29 Reportable Events reported to the CAT, as defined NMS Stocks.28 Id. at 21055, 21060. in the CAT Reporting Technical Specifications for 30 Id. Industry Members (‘‘IM Reporting Tech Specs’’), 3. No Tiered Fees 31 See infra Section III.A.7. 32 and that Reporting Events in the current IM The Original Funding Model requires See infra Section III.A.6.a. Reporting Tech Specs that will be counted as 33 Id. message traffic include the New Order Event, the the use of tiered fees for Industry 34 See Notice, supra note 4, at 21055, 21060. Order Route Event and Trade Event, but will not 35 Id. at 21056. The Operating Committee notes include reporting activity related to Customer 23 Id. at 21053. information as established in the CAT Reporting that it is eliminating tiered fees for Participants for 24 Id. the same reasons it provided with regard to Customer and Account Technical Specifications for 25 Industry Members. The Operating Committee notes Id. eliminating tiered fees for Industry Members. Id. that the Reportable Events may vary if the IM 26 Id. at 21061. 36 See supra Section III.A.3. Reporting Tech Specs are amended. See Notice, 27 Id. 37 See Notice, supra note 4, at 21056. supra note 4, at 21056–21057. 28 See Notice, supra note 4, at 21061. 38 Id. at 21059, 21062.

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vary in accordance with their message total message traffic (‘‘Maximum Plan to add market maker message traffic and the CAT fees to be paid by Industry Member CAT Fee Re- traffic discounts to the Proposed the Participants would vary in Allocation’’).45 The Operating Funding Model. Under the Original accordance with their market share.39 Committee explains that the Maximum Funding Model, there is no distinction Industry Member CAT Fee is intended between the treatment of message traffic 6. Minimum and Maximum Fees to act as a cap on fees for certain for market maker Industry Members and a. Minimum and Maximum Industry Industry Members that, based on message traffic for non-market maker Member CAT Fees message traffic alone, may be subject to Industry Members for purposes of The Operating Committee proposes to ‘‘a significant allocation of Total CAT calculating Industry Member CAT fees. amend Section 11.3(b) of the CAT NMS Costs.’’ 46 The Operating Committee explains that the proposed discounts are intended to Plan to provide that each Industry b. Minimum Participant Fee Member would be subject to a base address concerns raised previously that minimum Industry Member CAT fee The Operating Committee proposes to treating market maker message traffic (‘‘Minimum Industry Member CAT amend Section 11.3(a) of the CAT NMS the same as other message traffic for Fee’’) and a maximum Industry Member Plan to impose a minimum fee to be purposes of calculating Industry CAT fee (‘‘Maximum Industry Member payable by each Participant (‘‘Minimum Member CAT fees would CAT Fee’’).40 In the Participants’ Participant Fee’’) in addition to fees disproportionately impact market description of the Proposed based on market share. The Operating makers because of their continuous Amendment, the Operating Committee Committee explains that this fee would quoting obligations and result in an states that the Minimum Industry ‘‘ensure that all Participants provide a undue or inappropriate burden on Member CAT Fee would be $125 per meaningful contribution to the funding competition or a reduction in liquidity of the CAT’’ 47 and facilitate billing and and market quality.51 The Operating quarter for an Industry Member whose 48 CAT fee would be less than $125 per other administrative functions. Committee believes that the proposed quarter, even if it has not yet begun to c. Maximum Equities Participant Fee discounts would lower CAT fees for report to the CAT.41 If any Industry market makers and encourage their The Operating Committee proposes to provision of liquidity to the market.52 Member is required to pay the amend Section 11.3(a)(i) of the CAT Minimum Industry Member CAT Fee, In the Participants’ description of the NMS Plan to provide that any Proposed Amendment, the Operating the total additional amount paid by all Participant that is a national securities such Industry Members over the amount Committee states that Options Market association shall pay a maximum fee Maker message traffic would be they otherwise would have paid as a established by the Operating Committee result of their message traffic calculation discounted based on the trade-to-quote (‘‘Maximum Equities Participant Fee’’) ratio for options when calculating the would be discounted from all Industry instead of the higher fee calculated Members other than those that were message traffic of an Industry Member based on such Participant’s market that is an Options Market Maker,53 and subject to a Minimum Industry Member share. If a Participant’s fee is limited to CAT Fee in accordance with their that the trade-to-quote ratio for the such maximum fee, any excess amount Options Market Maker discount would message traffic percentage (‘‘Minimum which the Participant otherwise would Industry Member CAT Fee Re- be calculated each quarter based on the have paid as a fee above such maximum 54 Allocation’’).42 The Operating prior quarter’s CAT Data. The amount will be re-allocated among all proposed discount would be calculated Committee explains that the Minimum Equities Participants, including any Industry CAT Fee is intended to ensure by dividing the adjusted trade count 55 Equities Participants that are subject to by the total number of quotes received that all Industry Members meaningfully the maximum fee, in accordance with 43 by the securities information processors contribute to the funding of the CAT. their market share.49 The Operating The Operating Committee also states (‘‘SIP’’) from an exchange.56 Each Committee explains that FINRA could that the Maximum Industry Member have a significant allocation of the CAT 51 CAT Fee would be the fee calculated Id. at 21057. See also Securities Exchange Act fees due to the large volume of NMS based on 8% of the total message traffic Release No. 81067 (June 30, 2017), 82 FR 31656 Stock activity subject to trade reporting (July 7, 2017) (‘‘Suspension of and Order Instituting for Industry Members.44 If an Industry on FINRA facilities, so the Maximum Proceedings to Determine Whether to Approve or Member’s fee is subject to the Maximum Disapprove Proposed Rule Changes to Establish Equities Participant Fee would cap the Industry Member CAT Fee, any excess Fees for Industry Members to Fund the costs allocated to FINRA. In addition, amount which the Industry Member Consolidated Audit Trail’’). the Operating Committee states that, as 52 See Notice, supra note 4, at 21057. would have paid as a fee above such one of the largest regulatory users of 53 Id. at 21058. The CAT NMS Plan defines Maximum Industry Member CAT Fee CAT, FINRA should pay a proportionate ‘‘Options Market Maker’’ as ‘‘a broker-dealer will be re-allocated among all Industry percentage of the CAT fees registered with an exchange for the purpose of Members (including any Industry making markets in options contracts traded on the commensurate with its market share, Members subject to the Maximum exchange.’’ See CAT NMS Plan, supra note 1, at and that market share is a ‘‘fair and Section 1.1. Industry Member CAT Fee and any reasonable basis for assessing regulatory 54 The CAT NMS Plan defines ‘‘CAT Data’’ as Industry Members subject to the usage, expense and burden among the ‘‘data derived from Participant Data, Industry Minimum Industry Member CAT Fee) in Member Data, SIP Data, and such other data as the Participants.’’ 50 accordance with their percentage of Operating Committee may designate as ‘CAT Data’ 7. Market Maker Discounts from time to time.’’ Id. 55 The Proposed Amendment describes the 39 Id. adjusted trade count as ‘‘the total number of trades 40 The Operating Committee proposes to Id. at 21058. amend Section 11.3(b) of the CAT NMS for the quarter minus the total number of trade 41 Id. busts.’’ See Notice, supra note 4, at 21058. 42 Options Market Makers and Equity Market 56 For each Options Market Maker, the discount 45 Id. Makers would be required to pay the Minimum would apply to ‘‘(1) all message traffic reported to 46 Industry Member CAT Fee if their quarterly CAT Id. the CAT by the Options Market Maker related to an 47 fee calculated with the market maker discounts is Id. at 21060. order originated by a market maker in its market less than $125 per quarter. Id. at 21058, n.56. 48 Id. at 21059. making account for a security in which it is 43 See Notice, supra note 4, at 21058–59. 49 See Notice, supra note 4, at 21061. registered . . . and (2) all message traffic for which 44 Id. at 21059. 50 Id. at 21062. Continued

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Options Market Maker’s CAT fee would approved by the Operating Committee as a group would pay 25% of the Total be calculated by multiplying its pursuant to Section 11.1(a) of the CAT NMS CAT Costs for the relevant period discounted percentage of total Industry Plan. The total budgeted costs for the CAT for (‘‘Participant Allocation’’).72 the relevant year may be adjusted on a In proposing a 75%–25% allocation Member message traffic during the quarterly basis as the Operating Committee relevant time period by the Industry reasonably deems appropriate for the prudent between Industry Members and Member Allocation,57 subject to the operation of the Company. To the extent that Participants, the Operating Committee Minimum Industry Member CAT Fee the Operating Committee adjusts the total states that it considered a variety of and the Maximum Industry Member budgeted costs for the CAT for the relevant different potential allocations between CAT Fee.58 year during its quarterly budget review, the Industry Members and Participants.73 Under the Proposed Funding Model, adjusted budgeted costs for the CAT will be For example, the Operating Committee when calculating the message traffic of used in calculating the remaining CAT fees states that it considered alternatives in for that year.65 an Industry Member that is an equity which Participants paid larger market maker in NMS Stocks (‘‘Equity The Operating Committee explains contributions than 25% of the total CAT Market Maker’’), its discounted market that using Total CAT Costs budgeted for costs (e.g., a 50%–50% allocation making message traffic count would be the year, rather than already incurred between Industry Members and calculated by multiplying its market CAT costs, would allow the Company to Participants) and alternatives in which making message traffic in NMS Stocks collect fees before bills become Participants paid smaller contributions by the NMS Stock trade-to-quote ratio.59 payable.66 The Operating Committee than 25% of the total CAT costs.74 In the In the Participants’ description of the notes that, pursuant to Section 11.1(c) of scenario where the Participants paid Proposed Amendment, the Operating the CAT NMS Plan, any surpluses larger contributions than the 25% Committee states that the trade-to-quote collected will be treated as an allocation, the Operating Committee ratio would be calculated each quarter operational reserve to offset future fees believed that this was not fair or based on the prior quarter’s CAT Data.60 and will not be distributed to the equitable to the Participants.75 The 67 The proposed discount would be Participants as profits. Operating Committee came to this calculated by dividing the adjusted 2. 75%–25% Allocation Between conclusion by assessing the number of trade count by the total number of Industry Members and Participants Industry Members compared to quotes received by the SIP from an Participants, noting that ‘‘there are only The Proposed Funding Model exchange. The Equity Market Maker’s 25 Participants and approximately 1,237 contemplates allocating CAT costs CAT fee would be calculated by Industry Members, as of December between Participants and Industry multiplying its discounted percentage of 2020’’, and analyzing the total revenue, Members to permit the calculation of total Industry Member message traffic noting that ‘‘Participants only CAT fees based on market share for during the relevant time period by the represented approximately 4% of the Participants and based on message Industry Member Allocation,61 subject total CAT Reporter revenue; Industry traffic for Industry Members.68 The to the Minimum Industry Member CAT Members represented 96% of the total Operating Committee proposes to Fee and the Maximum Industry Member CAT Reporter revenue.’’ 76 Thus, the implement this allocation through a CAT Fee.62 The discounted message Operating Committee determined that 75%–25% allocation between Industry traffic of Options Market Makers and allocating more than 25% of the total Members and Participants.69 The Equity Market Makers would be counted CAT costs to the Participants was not Participant CAT fees that are a part of as part of total Industry Member fair and equitable. Similarly, the the proposed Participant Fee message traffic.63 Operating Committee did not believe Schedule—Appendix B to the Proposed that the revenue based allocation B. Participant Fee Schedule Amendment—would apply this approach would be fair to the Industry allocation to Participants. Participants 1. Total CAT Costs Members because it would impose such would file proposed rule changes to a significant percentage (96%) of CAT Under the Proposed Funding Model, apply this allocation to Industry costs on Industry Members.77 70 the CAT fees for the relevant period Members. In calculating CAT fees for Additionally, the Operating Committee would be designed to cover the total the relevant period under the Proposed determined that there would be CAT costs associated with developing, Funding Model, Industry Members as a practical difficulties in assessing the implementing and operating the CAT group would pay 75% of the Total CAT appropriate revenue figures for all CAT for the relevant period (‘‘Total CAT Costs for the relevant period (‘‘Industry 64 71 Costs’’). In the proposed Participant Member Allocation’’) and Participants Industry Member Allocation, subject to the market Fee Schedule, the Operating Committee maker discounts for message traffic, as applicable, proposes to define Total CAT Costs as 65 Id. at 21074. as well as the Minimum Industry Member CAT Fee ‘‘the total budgeted costs for the CAT for 66 Id. at 21063. and the Maximum Industry Member CAT Fee. Id. the relevant year.’’ In addition: 67 Id. 72 Id. at 21054. The proposed Participant Fee 68 In the Original Funding Model, costs were Schedule states ‘‘[t]he Participant Allocation for The total budgeted costs for the CAT for allocated between Execution Venues and certain each quarter shall be 25% of 1/4th of the Total CAT the relevant year shall be the total CAT costs Industry Members, whereas the Proposed Funding Costs for the relevant year.’’ Id. at 21055. set forth in the annual operating budget Model proposes to allocate costs between 73 Id. at 21054. Participants and Industry Members. 74 Id. a ‘quote sent time’ is reported by an Options 69 See Notice, supra note 4, at 21054. 75 See Notice, supra note 4, at 21055. Exchange on behalf of the given Options Market 70 As of the date of this Order, only the Nasdaq 76 Industry Member revenue was calculated based Maker.’’ Id. and Cboe Participants have filed proposed rule on the total revenue reported in the Industry 57 See infra Section III.B.2. changes. See supra note 19. Member’s FOCUS reports. Participant revenue was 58 See Notice, supra note 4, at 21058. 71 The proposed Participant Fee Schedule states calculated based on revenue information provided in Form 1 amendments and/or publicly reported 59 Id. ‘‘[t]he Industry Member Allocation for each quarter shall be 75% of 1/4th of the Total CAT Costs for figures. Participants are not required to file uniform 60 Id. the relevant year.’’ See Notice, supra note 4, at FOCUS-type reports regarding revenue like Industry 61 See infra Section III.B.2. 21055. Under the Proposed Funding Model, each Members. Accordingly, the revenue calculation for 62 See Notice, supra note 4, at 21058. Industry Member would pay a CAT fee calculated Participants is not as straightforward as for Industry 63 Id. by multiplying its message traffic percentage of total Members. Id. at 21055, n.31. 64 Id. at 21050. Industry Member message traffic per quarter by the 77 Id. at 21055.

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Reporters. Based upon its analysis, the to the Maximum Equities Participant IV. Summary of Comments Operating Committee decided that Fee (if applicable), and in addition to The Commission received 19 alternative approaches based upon the Minimum Participant Fee.86 For comment letters on the Proposed revenue were not appropriate and could Options Participants, the quarterly Amendment.92 15 comment letters potentially have unfair impacts on both Participant CAT fee would be calculated the Industry Members and the by multiplying the Options Participant Participants.78 Ultimately, the Operating 92 See Letters to Vanessa Countryman, Secretary, Allocation by each Options Participant’s Commission from Doug Patterson, Chief Committee believes that the 75%–25% percentage of total market share in Compliance Officer, Cutler Group, LP, dated June allocation will create a more equitable Listed Options for the prior quarter, in 1, 2021, available at https://www.sec.gov/ fee split because the Industry Members addition to the Minimum Participant comments/4-698/4698-8855258-238423.pdf (‘‘Cutler Letter’’); Kelvin To, Founder and President, Data with the most message traffic and the 87 Fee. Boiler Technologies, LLC, dated May 3, 2021, Participant complexes with the most The quarterly Participant CAT fee available at https://www.sec.gov/comments/4-698/ market share would pay comparable 4698-8749987-237362.pdf (‘‘Data Boiler Letter’’); CAT fees.79 The Operating Committee would be a quarterly CAT fee based on Joanna Mallers, Secretary, FIA Principal Traders analyzed data from the fourth quarter of market share from the prior quarter and Group, dated May 7, 2021, available at https:// www.sec.gov/comments/4-698/4698-8776522- 2020, and determined that the three the allocation of Total CAT Costs under the Proposed Funding Model for the 237685.pdf (‘‘FIA PTG May 7th Letter’’); Joanna Industry Members with the most Mallers, Secretary, FIA Principal Traders Group, 88 message traffic and the Participant relevant year. The Operating dated May 12, 2021, available at https:// complexes with the highest CAT fees Committee proposes a fee schedule to www.sec.gov/comments/4-698/4698-8793902- implement the quarterly Participant 237843.pdf (‘‘FIA PTG May 12th Letter’’); Matthew would pay annual CAT fees in a similar Price, Chief Operations Officer, Fidelity Capital range of five to six million dollars.80 CAT fee whereby each Participant Markets, dated May 12, 2021, available at https:// would be assessed a CAT fee, on a www.sec.gov/comments/4-698/4698-8791746- 3. Participant CAT Fees quarterly basis, that is 25% of 1/4th of 237802.pdf (‘‘Fidelity Letter’’); Howard Meyerson, As described above, the Proposed the total budgeted annual CAT costs for Managing Director, Financial Information Forum, dated April 29, 2021, available at https:// Funding Model provides that the the relevant year, using CAT Data to www.sec.gov/comments/4-698/4698-8736502- Operating Committee shall establish a calculate market share from the prior 237163.pdf (‘‘FIF April 29th Letter’’); Howard minimum fee to be payable by each quarter of the relevant year.89 Meyerson, Managing Director, Financial Participant in addition to a fee based on Information Forum, dated May 21, 2021, available Under the Proposed Funding Model, at https://www.sec.gov/comments/4-698/4698- market share. In the proposed FINRA, as a national securities 8843662-238307.pdf (‘‘FIF May 21st Letter’’); Participant Fee Schedule, the Operating association, would be subject to the Marcia E. Asquith, Executive Vice President, Board Committee establishes 0.75% of the and External Relations, Financial Industry Maximum Equities Participant Fee as Regulatory Authority, Inc., dated May 12, 2021, Participant Allocation as the Minimum set by the Operating Committee. The 81 available at https://www.sec.gov/comments/4-698/ Participant Fee regardless of market Operating Committee proposes to 4698-8793900-237824.pdf (‘‘FINRA Letter’’); 82 share. The total Minimum Participant establish in the Participant Fee Andrew Stevens, General Counsel, IMC, dated May Fees to be paid by each Participant Schedule a Maximum Equities 20, 2021, available at https://www.sec.gov/ would be subtracted from the comments/4-698/4698-8819440-238105.pdf (‘‘IMC Participant Fee equal to the greater of (x) Letter’’); Michael Lewin, Chief Executive Officer, Participant Allocation to determine the 20% of the Equities Participant Istra LLC, dated May 27, 2021, available at https:// 83 ‘‘Adjusted Participant Allocation.’’ Allocation or (y) the highest CAT fee www.sec.gov/comments/4-698/4698-8847370- The proposed Participant Fee 238329.pdf (‘‘Istra Letter’’); Gary Goldsholle, Chief required to be paid by any other Schedule provides that the Equities Regulatory Officer and General Counsel, Long-Term Equities Participant plus 5% of such Participant Allocation would be 60% of Stock Exchange, Inc., dated May 19, 2021, available highest CAT fee.90 Accordingly, as at https://www.sec.gov/comments/4-698/4698- the Adjusted Participant Allocation and discussed above, FINRA would pay its 8815749-238025.pdf (‘‘LTSE Letter’’); Kirsten the Options Participant Allocation Wegner, Chief Executive Officer, Modern Markets quarterly Participant CAT fee based on would be 40% of the Adjusted Initiative, dated May 6, 2021, available at https:// its market share in NMS Stocks, subject www.sec.gov/comments/4-698/4698-8771339- Participant Allocation.84 The Operating to the Maximum Equities Participant 237583.pdf (‘‘MMI Letter’’); Michael Blaugrund, Committee explained that this Fee. Chief Operating Officer, NYSE Inc., dated May 10 allocation was determined through 2021, available at https://www.sec.gov/comments/ negotiations among the Participants.85 4. Collection of Fees 4-698/4698-8779961-237701.pdf (‘‘NYSE Letter’’); Each Participant would pay a William Bartlett, Chief Executive Officer, Parallax Volatility Advisers, L.P., dated June 28, 2021, quarterly Participant CAT fee to recover The Participants’ description of the available at https://www.sec.gov/comments/4-698/ the costs of the CAT going forward. For Proposed Amendment states that the 4698-9006549-246006.pdf (‘‘Parallax Letter’’); Ellen Equities Participants, the quarterly Operating Committee proposes to Greene, Managing Director, Equity and Options Participant CAT Fee would be establish a system for the collection of Market Structure, Securities Industry and Financial Markets Association, dated May 12, 2021, available calculated by multiplying the Equities CAT fees pursuant to Section 11.4 of the at https://www.sec.gov/comments/4-698/4698- Participant Allocation by each Equities CAT NMS Plan. The Company will 8790951-237769.pdf (‘‘SIFMA Letter’’); James Toes, Participant’s percentage of total market provide each Participant with an President and Chief Executive Officer, and Andrew share of NMS Stocks for all Equities invoice setting forth the quarterly D’Amore, Chairman of the Board, Security Traders Association, dated June 11, 2021, available at Participants for the prior quarter, subject Participant CAT fee for each payment https://www.sec.gov/comments/4-698/4698- period. Each Participant will pay its 8905922-244113.pdf (‘‘STA Letter’’); Gunjan 78 Id. CAT fees to the Company via the Chauhan, Senior Managing Director, Global Head of 79 Id. centralized system for the collection of SPDR Capital Markets, State Street Global Advisors, dated May 12, 2021, available at https:// 80 Id. 91 CAT fees. www.sec.gov/comments/4-698/4698-8793896- 81 See Notice, supra note 4, at 21060. 237842.pdf (‘‘SSGA Letter’’); Kevin Donohue, 82 Id. 86 See Notice, supra note 4, at 21061. General Counsel, Tower Research Capital LLC, 83 Id. dated May 12, 2021, available at https:// 87 Id. at 21062. 84 Id. at 21061. A Participant with both options www.sec.gov/comments/4-698/4698-8793895- 88 and equities market share would be treated as both Id. at 21062, 21063. 237841.pdf (‘‘Tower Letter’’); and Thomas M. an Options Participant and an Equities Participant. 89 Id. at 21063–21064. Merritt, Deputy General Counsel, dated May 12, Id. 90 Id. at 21061. 2021, available at https://www.sec.gov/comments/ 85 Id. 91 Id. at 21068. 4-698/4698-8790127-237768.pdf (‘‘Virtu Letter’’).

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object to the Proposed Amendment 93 exclusively responsible for developing approval of the CAT NMS Plan.113 Two and one comment letter supports the the CAT and for making decisions about commenters criticize the Proposed Proposed Amendment.94 In addition, the implementation costs for the Amendment for requiring new Industry the Commission received two comment CAT.103 Another commenter asks for Members to pay CAT fees to recover letters requesting data from the justification for why Industry Members historical costs, while exempting new Operating Committee,95 one comment should bear the costs of the CAT build Participants from such a requirement.114 letter requesting data from the when they had no involvement in the In response to comments questioning Company,96 and one comment letter process.104 the scope of the costs to be recovered from the Operating Committee In response to comments objecting to from Industry Members,115 the providing additional details on an the imposition of CAT costs on Industry Operating Committee states that the illustrative example in Exhibit B to the Members,105 the Operating Committee recovery from Industry Members of the Proposed Amendment,97 and two states that Industry Members should be historical costs, Thesys-related costs response letters from the Operating required to pay CAT costs in accordance and third-party expenses (including Committee.98 with Rule 613 and the CAT NMS legal, consulting and audit expenses) is Plan.106 The Operating Committee adds consistent with the CAT NMS Plan and Scope of Costs To Be Recovered From that, because all market participants the Exchange Act.116 The Operating Industry Members would benefit from the enhanced Committee states that, when approving Several commenters question the regulatory oversight provided by the the CAT NMS Plan, the Commission scope of the CAT costs proposed to be CAT, Industry Members and noted that the Exchange Act permits the recovered from Industry Members.99 Participants should both contribute to Participants to charge their members Two commenters state that Industry covering its costs.107 fees to fund their self-regulatory Members should only be responsible for Six commenters object to the obligations and that the Plan funding the direct costs to build and operate the proposed imposition of historical costs model was designed to impose fees CAT, not the Participants’ costs of doing on Industry Members.108 Several reasonably related to the Participants’ business as SROs, such as insurance and commenters note that Industry Members self-regulatory obligations since the fees consulting costs.100 One commenter had no input into or control over the would be directly associated with the states that the Exchange Act and Rule decisions resulting in the historical costs to build and maintain the CAT.117 613 do not even require the CAT NMS costs, including the selection of Thesys Additionally, the Operating Committee Plan to impose fees on Industry Technologies, LLC as the initial plan states that the Commission considered Members,101 and that the Participants processor,109 and the subsequent that the Participants could recover the have failed to justify an ‘‘additive CAT transition to FINRA as the plan costs of creating and funding the CAT 110 fee,’’ 102 and notes the Participants were processor. One commenter states, central repository in the adopting ‘‘the Participants must meet a high bar release for Rule 613.118 The Operating 93 See Data Boiler Letter; Fidelity Letter; FIA PTG for the Commission to alter course and Committee explains that these costs are May 12th Letter; FINRA Letter; IMC Letter; Istra support any proposed rule changes that critical to the creation, implementation Letter; LTSE Letter; MMI Letter; NYSE Letter; require non-Participants to pay the and maintenance of the Plan and SIFMA Letter; SSGA Letter; STA Letter; Tower 111 Letter; and Virtu Letter. Thesys costs.’’ One commenter therefore should be within the scope of 94 See Cutler Letter (stating ‘‘[h]aving reviewed questions the rationale for requiring CAT fees.119 the Proposal, and having compared it to the Industry Members to pay 75% of the previous CAT funding model, we see the cost of the transition to FINRA, Lack of Industry Member Input Amendment as a vast improvement that is more fair explaining that FINRA is completely and equitable to both Market Participants and Several commenters express concern 112 Industry Members. We would urge that the funded by the industry. Two that the proposal was developed Commission approve this amendment.’’). Id. at 1. commenters object to requiring Industry without the involvement of Industry 95 See FIF April 29th Letter; FIF May 21st Letter. Members to pay the legal and consulting Members.120 One commenter states that 96 See FIA PTG May 7th Letter. fees incurred by Participants prior to the it is ‘‘incredulous of the process used to 97 See Letter to Vanessa Countryman, Secretary, construct a proposed allocation model Commission from Michael Simon, CAT NMS Plan 103 Id. at 2. Operating Committee Chair, dated May 5, 2021, in which Industry Members are 104 available at https://www.sec.gov/comments/4-698/ See MMI Letter at 3. Similarly, this commenter allocated 75% of the expenses yet had 4698-8760381-237447.pdf (‘‘CAT Operating also requests the rationale for why ‘‘a small number no meaningful input into the model’s Committee May 5th Letter’’). of brokers should pay the vast majority of the now- inflated cost without having any insight or development.’’ 121 Another commenter 98 See Letters to Vanessa Countryman, Secretary, authority into the methodology and rationale for the Commission from Michael Simon, CAT NMS Plan opines that Industry Members are being cost?’’ Id. at 2. The Operating Committee responds Operating Committee Chair, dated July 14, 2021, required to shoulder most of the costs of that its proposed Maximum Industry Member CAT available at https://www.sec.gov/comments/4-698/ Fee would institute a cap on fees to fairly allocate the CAT without having had any insight 4698-9061305-246406.pdf (‘‘CAT Operating costs to Industry Members to avoid certain Industry Committee July 14th Letter I’’); from Michael Members paying a significant allocation of Total 113 See Tower Letter at 3; SIFMA Letter at 6. Simon, CAT NMS Plan Operating Committee Chair, CAT Costs. See CAT Operating Committee July 14th 114 dated July 14, 2021, available at https:// See Virtu Letter at 6; SIFMA Letter at 6–7. Letter II at 6–7. 115 www.sec.gov/comments/4-698/4698-9061306- See Data Boiler Letter at 8; FIA PTG May 12th 105 246406.pdf (‘‘CAT Operating Committee July 14th See Virtu Letter at 2–3; MMI Letter at 3. Letter at 2; Fidelity Letter at 3, 5; Istra Letter at 2– Letter II’’). CAT Operating Committee July 14th 106 See CAT Operating Committee July 14th Letter 3; MMI Letter at 3; SIFMA Letter at 6; Tower Letter Letter II states, ‘‘these responses represent the II at 4–5. at 3; Virtu Letter at 5–6. consensus of the Participants, but that all 107 Id. at 5–6. 116 See CAT Operating Committee July 14th Letter Participants may not fully agree with each response 108 See SIFMA Letter at 6; Virtu Letter at 5–6; I at 5. set forth in this letter.’’ CAT Operating Committee Data Boiler Letter at 8; Istra Letter at 2–3; Tower 117 Id. at 5. July 14th Letter II at 1–2. Letter at 3; Fidelity Letter at 3, 5; MMI Letter at 3; 118 Id. at 5–6. 99 See SIFMA Letter at 4; Virtu Letter at 5–6; FIA Parallax Letter at 1. 119 Id. at 6. PTG May 12th Letter at 5; Data Boiler Letter at 8; 109 See SIFMA Letter at 6; Virtu Letter at 5–6; 120 See SIFMA Letter at Tower Letter at 3. Fidelity Letter at 3, 5; Tower Letter at 3; MMI Letter 2; STA Letter at 2–3; Data Boiler Letter at 8; FIA 100 See SIFMA Letter at 4; FIA PTG May 12th at 3. PTG May 12th Letter at 2–3; IMC Letter at 2–3; Letter at 5. 110 See Virtu Letter at 6. Fidelity Letter at 2–3, 4; Tower Letter at 7; MMI 101 See Virtu Letter at 2. 111 See Parallax Letter at 1. Letter at 2, 3, 4. 102 Id. at 3. 112 See Virtu Letter at 6. 121 See FIA PTG May 12th Letter at 3.

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into the costs.122 Two commenters note believe that the Participants are Industry Members to evaluate whether the lack of representation of Industry attempting to further their commercial certain of their activities are causing the Members on the Operating interests through the proposal at the CAT to incur higher operating costs, and Committee.123 One commenter believes expense of their Industry Member consequently causing increases in their that the technical expertise of the competitors.132 One commenter believes own CAT fees.140 This commenter industry should be involved in the that the Participants are conflicted when added that it is impossible to evaluate development of a new cost allocation determining how much of their own whether the Proposed Funding Model is proposal that contains ‘‘a full costs they should pay and suggests consistent with the Exchange Act due to explanation of the proposed operating greater transparency to expose any lack of information; in particular, details costs and . . . an appropriately detailed Participant conflicts.133 Another concerning sources of the costs and the public disclosure of the operating commenter states, ‘‘[t]o permit for-profit operating budget.141 Similarly, another budget.’’ 124 Another commenter exchanges to allocate 75% of the costs suggests that the Commission ask the of the CAT to Industry Members commenter suggests the provision of Participants to engage with the industry furthers the Participants’ commercial non-proprietary cost information to ‘‘to establish a workable allocation interests at the expense of the Industry allow meaningful input from Industry 142 methodology that is simple, predictable Members, who have no choice but to Members. Another commenter and aligns responsibility for funding pay such fees or else be subject to believes that it ‘‘feels like we are being regulatory infrastructure with receiving regulatory actions by the asked to hand over [a] blank check with economic benefits of the Participants.’’ 134 This commenter the amount to be filled in later.’’ 143 One marketplace.’’ 125 suggests that the Commission require commenter states, ‘‘the Amendment is In response to comments noting a lack the Participants to resubmit a proposal virtually silent on the use of funds and of industry participation in the with a transparent analysis and requests offers no budget for the CAT’s ongoing development of the Proposed Funding that Industry Members be permitted operation.’’ 144 Model,126 the Operating Committee adequate representation on the 135 Commenters request detailed explains that the CAT Advisory Operating Committee. information on the historical costs and In response to the comments Committee and the public notice and the operating budget.145 One commenter comment processes afforded by Rule regarding potential conflicts of interests recommends that the Proposed 608 of Regulation NMS 127 and Section behind the proposed cost allocation for Amendment disclose its costs and 19 of the Exchange Act 128 have Participants and Industry Members,136 provided Industry Members and other the Operating Committee states that it technical requirements, and detail the market participants the opportunity to disagrees with the comments and notes historical costs and projected annual express their views on the funding that the CAT NMS Plan contains budget for the Plan operating expenses, model.129 With respect to the comments measures to protect against potential professional services expenses, and plan expressing concern over a lack of conflicts of interest related to CAT fees, processor expenses.146 The commenter Industry Member representation on the ‘‘including the fee filing requirements recommends that the Participants make Operating Committee, the Operating under the Exchange Act and operating the annual budget public in the Committee states that Industry Members the CAT on a break-even basis.’’ 137 future.147 Another commenter states can provide meaningful input on CAT Lack of Transparency that the Proposed Amendment lacks an matters through the current governance explanation for the 2021 estimated cost structure without compromising Several commenters express concern of $133 million, including the scale of Commission and SRO oversight of that the Proposed Funding Model lacks CAT processing, number of reported sufficient transparency into the Industry Members.130 transactions, data storage sizes and operating budget as well as the costs 148 Participant Conflicts of Interest proposed to be recovered by the CAT processing performed. The fees.138 One commenter believes the commenter states that an operating Six commenters believe that the budget is necessary to determine how Participants have conflicts of interest lack of cost data would make it impossible for the Commission and much of CAT costs is variable based on that are reflected in the cost allocation message traffic.149 The commenter proposed for the Participants and Industry Members to determine whether 139 recommends that the Operating Industry Members.131 Two commenters the CAT is operating efficiently. The commenter adds that detailed cost Committee propose a new cost 122 See MMI Letter at 2, 3. information would be useful for allocation plan that includes a full 123 See Tower Letter at 7; Data Boiler Letter at 6. accounting of the historical costs and See also Parallax Letter at 2 (suggesting the market maker discounts benefit the Participants justification for charging these costs to admission of Industry Members and independent who have set the standards for market-making Industry Members.150 The commenter parties as members of the Operating Committee, activity, including activity resulting in message along with full internal disclosure of costs, would traffic with low order to trade ratios). also recommends that the new proposal benefit the operation of the CAT NMS Plan). 132 See SIFMA Letter at 2; Virtu Letter at 2. explain its proposed operating costs and 124 See Tower Letter at 7. 133 See FIA PTG May 12th Letter at 3. 125 See NYSE Letter at 5. See also SIFMA Letter 134 See Tower Letter at 5. 140 Id. at 5. at 2 (agreeing with this statement). 135 See Tower Letter at 5. 141 Id. at 4. 126 See FIA PTG May 12th Letter at 2–3; Fidelity 136 See Data Boiler Letter at 6, 7; FIA PTG May 142 See STA Letter at 3. Letter at 2–4; IMC Letter at 2; SIFMA Letter at 2; 12th letter at 2, 3; MMI Letter at 4; Parallax Letter 143 See Virtu Letter at 4. STA Letter at 2–3; Tower Letter at 7. at 3–4; Tower Letter at 1, 5, 7. 144 See NYSE Letter at 2. 127 17 CFR 242.608. 137 See CAT Operating Committee July 14th Letter 145 Id. at 2; Tower Letter at 2, 7; Istra Letter at 2; 128 15 U.S.C. 78s. I at 8. Fidelity Letter at 5; MMI Letter at 2–3, 4; FIA PTG 129 See CAT Operating Committee July 14th Letter 138 See SIFMA Letter at 4–5; Virtu Letter at 4–5; May 12th Letter at 5; Parallax Letter at 1–2, 5. I at 7–8. SSGA Letter at 1–2; Fidelity Letter at 2, 4–5; NYSE 146 130 Id. at 8. Letter at 2; STA Letter at 1, 3–4; Tower Letter at See NYSE Letter at 2. 147 131 See SIFMA Letter at 2; Virtu Letter at 2, 6; FIA 2, 5, 7; MMI Letter at 2, 3–4; FIA PTG May 12th Id. at 2. PTG May 12th Letter at 2, 3, 4; Tower Letter at 1, Letter at 2, 5; IMC Letter at 1, 2; Istra Letter at 1, 148 See Tower Letter at 2. 5, 7; Istra Letter at 2; MMI Letter at 4. See also 2; Parallax Letter at 1–2, 5. 149 Id. at 2. Parallax Letter at 3–4 (stating that the proposed 139 See SIFMA Letter at 5. 150 Id. at 7.

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publicly disclose its operating Committee states that Industry Members to project their CAT fees.169 One budget.151 can contact FINRA CAT to learn which commenter suggests that cost recovery Another commenter notes that the of the anonymized Industry Member should have ‘‘transparent inputs’’ that Proposed Amendment lacks detail on information in Exhibit B represents its would permit Industry Members to the historical CAT assessment costs and traffic, as well as its total message traffic predict their costs and understand the requests the Participants to provide the count and percentage or number of its costs of their actions.170 opportunity to review the costs incurred reported events that were treated as In response to comments requesting before the CAT NMS Plan was events of Options Market Makers or additional transparency into CAT approved, noting that Industry Members Equity Market Makers.160 The Operating costs,171 the Operating Committee states should be permitted ‘‘to refute the Committee also agrees to provide that it has made publicly available validity of any cost and its allocation to information to permit an Industry substantial annual cost data by Industry Members.’’ 152 Another Member to calculate its actual CAT fees providing, upon request, its audited commenter states that the Proposed on an ongoing basis.161 Subsequently, financial statements from the inception Amendment provides no transparency the first commenter requests further of Consolidated Audit Trail LLC and into historical and annual costs.153 One information to understand the impact of CAT NMS, LLC through 2020, as commenter requests the Commission to the funding proposal and help each required by Section 9.2(a) of the CAT 172 require the Participants to provide a Industry Member reconcile the data it NMS Plan. The Operating Committee cost-sharing structure with greater received from the Operating Committee explains that the audited financial transparency, including a full and its internal records.162 The second statements contain the following cost accounting of historical costs and a commenter finds the response from the categories: ‘‘technology costs, legal, detailed public explanation of the Operating Committee insufficient and amortization of developed technology, proposed operating costs.154 The requests a copy of the 2021 operating consulting, insurance, professional and commenter urges greater transparency budget and any quarterly updates and administration, and public 173 in the operating budget, the cost projected costs, a breakdown of fixed relations.’’ The Operating Committee allocation model, and on variable costs, and variable expenses, and provision to also states that the Proposed Funding such as messaging costs, and fixed costs, Industry Members of data used to Model would provide additional cost such as payroll costs.155 support the selected funding model and transparency through the provision of Commenters also request a breakdown the funding models that were the operating budget at the start of each year, as well as the budgeted Total CAT of the estimated CAT costs and rejected.163 operating budget.156 Two commenters Costs to be used in calculating the Several commenters believe the lack request a copy of the 2021 operating quarterly CAT fees, and any quarterly of transparency prevents Industry 174 budget with quarterly updates including budget adjustments. The Operating Members from estimating their costs actual and revised projections.157 One of Committee adds that it proposes to and fees.164 One commenter believes the commenters also requests data to provide additional cost information to that the Proposed Amendment lacks permit each Industry Member to the industry through webinars, among information needed by Industry 175 calculate its fees, including the data other methods, and notes the cost- Members to calculate their fees as well used by the Operating Committee to related information it provided in its as to analyze the fairness and accuracy 176 calculate the estimates in Exhibit B to May 5th letter. of the funding model.165 The the Proposed Amendment.158 In a Several commenters believe the commenter notes that 75 of 1,237 response, the Operating Committee Proposed Amendment does not properly Industry Members would be allocated provides the following data: (1) The explain increases in historical and 99% of Industry Member fees, and that budgeted Total CAT Costs for 2021; (2) annual costs in excess of prior the Proposed Amendment claims that 177 total Industry Member message traffic estimates. One commenter states, this is fair without factual support.166 counts, including the total message ‘‘[t]here may well be appropriate—or at One commenter acknowledges the data counts for Options Market Makers and least understandable—reasoning for subsequently provided in the response Equity Market Makers, used in the historical and ongoing costs to greatly from the Operating Committee 167 and proposal’s Exhibit B; (3) unrounded exceed expectations, and that is for the suggests that the Participants regularly trade-to-quote ratios for Listed Options Participants to explain and the provide updated message traffic data to and NMS Stocks; and (4) the method Commission to review as part of its Industry Members to allow them to 178 used to calculate an Industry Member’s oversight of the SROs.’’ Two estimate their CAT fees.168 Another quarterly CAT fees.159 The Operating commenters ask if any corresponding commenter opines that the benefits accompany the increased cost 151 Id. at 7. supplementary message traffic data and 152 See Fidelity Letter at 5. the 2021 budget information provided 169 See Virtu Letter at 4. 153 See FIA PTG May 12th Letter at 5. by the Operating Committee is 170 See Istra Letter at 2–3. 154 See MMI Letter at 2–3. insufficient to allow Industry Members 171 See FIA PTG May 12th Letter at 2, 5; Fidelity 155 Id. at 4. Letter at 3, 5; Istra Letter at 2; MMI Letter at 3, 4; NYSE Letter at 2; Parallax Letter at 1–2; SIFMA 156 See SSGA Letter at 2; Fidelity Letter at 5; FIF Committee in a response to comments. See CAT Letter at 4; STA Letter at 3; SSGA Letter at 1–2; April 29th Letter at 1, 2; FIA PTG May 7th Letter Operating Committee July 14th Letter II at 16. Tower Letter at 2, 4, 7; Virtu Letter at 4. at 2. 160 See CAT Operating Committee May 5th Letter 172 See CAT Operating Committee July 14th Letter 157 See FIF April 29th Letter at 1; FIA PTG May at 2. I at 4. 7th Letter at 2; FIA PTG May 12th Letter at 2. 161 Id. at 2, n.8. 173 Id. 158 See FIF April 29th Letter at 2. This commenter 162 See FIF May 21st Letter at 2–3. 174 also requests that the Operating Committee publicly Id. 163 See FIA PTG May 12th Letter at 2. 175 provide the options and equity trade-to-quote ratios Id. 164 used in the Proposed Amendment’s Exhibit B and See Tower Letter at 3; SIFMA Letter at 5, 9; 176 Id. at 3–4. See also CAT Operating Committee the aggregate number of reportable events of each Virtu Letter at 4. May 5th Letter. type that are counted toward the total number of 165 See Tower Letter at 3. 177 See FIA PTG May 12th Letter at 4–5; SSGA reportable events. Id. 166 Id. Letter at 1–2; Istra Letter at 2; MMI Letter at 1–2, 159 See CAT Operating Committee May 5th Letter. 167 See CAT Operating Committee May 5th Letter. 3–4; Tower Letter at 1, 2–4; Parallax Letter at 2. This response was also noted by the Operating 168 See SIFMA Letter at 5. 178 See Parallax Letter at 2.

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estimates.179 One commenter expresses stringent performance timelines and CAT fees, and that these budgeted costs concern that the Participants have no operational requirements applicable to may be adjusted on a quarterly basis to accountability for the costs of the the processing of CAT Data do not allow address any changes to the budget.201 project.180 Another commenter requests much flexibility for cost reductions.190 The Operating Committee states that if assurances that the CAT will not Some commenters believe that the CAT fees exceed the CAT costs, despite become an ‘‘ever-growing expense’’ for Proposed Funding Model lacks the quarterly budget adjustments, any the industry and investors.181 Another transparency needed to incentivize the surplus would be treated as an commenter, a proprietary trading firm, Participants to manage CAT costs operational reserve to offset fees in 191 states that it ‘‘captures real time market efficiently. One commenter states the future payments, in accordance with data feeds from over 100 venues around lack of transparency precludes the Section 11.1(c) of the CAT NMS Plan.202 Operating Committee’s accountability the world, in a variety of different If CAT fees are less than CAT costs, the and suggests a full audit of the CAT’s products . . . The processing of this Operating Committee states that it ‘‘may historical costs, ongoing budget and a historical market data might reasonably address the shortfall by using the be compared to the kind of processing comparison to its estimated benefits.192 operational reserve, including the that the CAT is expected to do . . . Another commenter believes that amount of the shortfall in future fees While we do not claim that this is a allowing Industry Members greater and/or seeking to recover the costs via perfect comparison, we do posit that the visibility into CAT’s expenses would other measures in accordance with the cost to build and maintain the CAT increase the Participants’ accountability 193 Exchange Act.’’ 203 should be reasonably comparable.’’ 182 to manage costs. The commenter states that its annual In response to comments urging more Allocation of Costs Between Industry cost for this platform is ten times less transparency to ensure the Participants Members and Participants than the cost provided in the Proposed manage CAT Costs efficiently,194 the Amendment.183 Operating Committee states that it ‘‘has Many commenters raise concerns In response to comments questioning a strong focus on cost management and about the proposed allocation of costs the increases in CAT costs from prior is significantly incented to keep costs at between Industry Members and estimates,184 the Operating Committee an appropriate level.’’ 195 The Operating Participants.204 Several commenters explains that data processing and Committee notes that it actively pursues argue that the allocation lacks storage costs are the primary CAT cost cost saving measures and has a Cost justification for the decision to recover drivers and that these costs have Management Working Group to address 75% of Total CAT Costs from Industry 196 increased significantly each year.185 cost management needs. Members and 25% from Participants.205 First, the Operating Committee states Additionally, the Operating Committee Two commenters believe the allocation that these costs are directly related to states that the plan processor regularly to Industry Members is ‘‘arbitrary and reviews options to lower compute and data volumes reported to the CAT and unsupportable’’ under the Exchange storage needs and works with CAT that the markets have experienced Act.206 One commenter challenges the technology providers to provide services record high volumes, noting that in Participants’ justification for the in a cost-effective manner.197 2019 and 2021, data volumes were five allocation—that there are more Industry times greater than estimated.186 To Finally, one commenter states that the Proposed Amendment needs to explain Members than Participants and Industry address the increased volume, the Members receive much more revenue CAT’s storage and computing needs what would happen if actual CAT operating costs exceed the budget and than Participants—as not providing a have accordingly increased.187 Second, what would happen if the CAT becomes rational basis on which to claim that the the Operating Committee explains that over-budget. The commenter believes Proposed Amendment provides for a the phased introduction of CAT that a revised amendment should fair allocation of reasonable fees and reporting and functionality results in ‘‘a provide further details on the CAT does not impose an undue burden on substantial increase in message traffic, budget and potential budget competition.207 Another commenter processing complexity and storage surpluses.198 In response to the states, ‘‘[i]t is unclear from the proposal requirements.’’ 188 Third, the Operating comment,199 the Operating Committee why the ability to pay is a corollary to Committee states that the processing explains that it would address budget CAT costs and an appropriate factor in and storage of the many complex shortfalls or excess fees through updates justifying the split.’’ 208 One commenter reporting scenarios relating to Industry to the budgets and operational states that costs are not deemed Member market activity require reserves.200 The Operating Committee reasonable because a party can afford complicated algorithms that result in states that to recover the costs of CAT the costs, because the costs are not large ‘‘significant data processing and storage on an ongoing basis, it will use the costs enough to be material, or because the costs.’’ 189 Finally, the Operating in the annual operating budget as the costs can be shared among thousands of Committee notes that the combination Total CAT Costs to be used to calculate of record CAT Data volumes with the 201 Id. at 6–7. 190 Id. 202 Id. at 7. 179 See MMI Letter at 2; SSGA Letter at 2. 191 See SIFMA Letter at 5; Fidelity Letter at 3, 5; 203 Id. 180 See FIA PTG May 12th Letter at 5. Tower Letter at 2; FIA PTG May 12th Letter at 5. 204 See Fidelity Letter at 2–4; NYSE Letter at 1– 181 See SSGA Letter at 2. 192 See Istra Letter at 1. 2; Tower Letter at 4–5; MMI Letter at 4–5; Istra 182 See Tower Letter at 4. 193 See Fidelity Letter at 5. Letter at 3; SIFMA Letter at 5–8; Virtu Letter at 3– 183 Id. 194 See FIA PTG May 12th Letter at 5; Fidelity 6; Data Boiler Letter at 7; FIA PTG May 12th Letter 184 See FIA PTG May 12th Letter at 4–5; Istra Letter at 3; Tower Letter at 2, 7. at 3, 4; FINRA Letter at 3, 4–5; Parallax Letter at Letter at 2; MMI Letter at 1–2, 4; Parallax Letter at 195 See CAT Operating Committee July 14th Letter 2–3. 1–2; SSGA Letter at 1–2; Tower Letter at 1–4. I at 4–5. 205 See Fidelity Letter at 3–4; NYSE Letter at 1– 185 See CAT Operating Committee July 14th Letter 196 Id. at 5. 2; Tower Letter at 4–5; MMI Letter at 4–5; Istra I at 2. 197 Id. Letter at 3; Virtu Letter at 3–4; SIFMA Letter at 5– 186 Id. 198 See Fidelity Letter at 3, 5. 6. 187 Id. 199 Id. at 5. 206 See SIFMA Letter at 5–6; Virtu Letter at 3. 188 Id. at 3. 200 See CAT Operating Committee July 14th Letter 207 See SIFMA Letter at 5–6. 189 Id. I at 6. 208 See Fidelity Letter at 4.

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Industry Members.209 Another Another commenter suggests a 50%– notes that Industry Members have had commenter believes that the cost 50% cost allocation between Industry to develop internal systems for CAT allocation should have focused on what Members and Participants and argues reporting and that Industry Members market participants should pay based on that any allocation should be have provided critical assistance to the costs and benefits, rather than ability to transparent and predictable and Participants in developing Industry pay based on aggregate revenues.210 supported by evidence.221 The Member CAT Technical One commenter believes the cost commenter suggests that Industry Specifications.229 The commenter allocation is inequitable and an undue Member costs be allocated based on the opines that an analysis of the costs burden on Industry Members.211 The value any Industry Member receives incurred by Industry Members for commenter believes that CAT fees from the market.222 One commenter internal compliance would demonstrate should only be imposed on beneficiaries believes the proposal lacks information that the Industry Allocation is not an of CAT services,212 allocated in for commenters to understand how CAT equitable allocation of reasonable proportion to benefit received.213 The costs are allocated across asset fees.230 Another commenter notes that commenter believes that market classes.223 The commenter suggests the the Proposed Amendment does not participants that pose higher risks and creation of a predictable cost allocation mention the substantial time and cost potential conflicts of interest should pay methodology reached through invested by Industry Members into higher fees than other market engagement with Industry Members that refining reporting specifications and participants.214 aligns costs with the receipt of benefits building CAT reporting platforms,231 One commenter approves the from the market.224 and one other commenter believes that proposed elimination of tiering, but One commenter believes the proposed the Proposed Amendment ignores the expresses concern at the allocation, allocation is arbitrary because the substantial costs that Industry Members stating that allocating set percentages of Participants override the allocation with have incurred associated with the total costs to one group over another is adjusted allocations, such as the development, testing and the wrong approach.215 The commenter proposed market maker discounts, the implementation of the CAT.232 criticizes the Proposed Amendment for Minimum Industry Member CAT Fee One commenter states that the basing the allocation on ensuring that and the Maximum Industry Member Proposed Funding Model treats the highest paying Industry Members CAT Fee, and the treatment of OTC affiliated Participants differently than pay the same as the highest paying Equity Security share volume.225 The affiliated Industry Members without Participants.216 Additionally, this commenter believes the Proposed explaining how this inconsistency is commenter believes that Participants Funding Model would shift the consistent with the Exchange Act.233 would have no incentive to manage regulatory cost of overseeing one The commenter explains that affiliated costs if they are only responsible for Industry Member to another Industry Participants would be charged based on 25% of Total CAT Costs.217 For the Member, with the potential effect of aggregate market share as a single same reason, another commenter retail investors who transact with small complex, while affiliated Industry believes there is little incentive for Industry Members indirectly Members would be charged individually Participants to justify their historical subsidizing sophisticated investors who based on individual message traffic. The costs or manage a reasonable and transact with large market-makers.226 commenter states, ‘‘[t]his methodology efficient operating budget.218 The The commenter states, ‘‘the Operating seems to be rooted in the Participants’ commenter believes the cost allocation Committee has not provided a sufficient view that it provides for a fair allocation methodology differences between the regulatory case for a proposed funding of fees under the proposal because it Industry Members and the Participants model which imposes different costs for results in the largest Participant warrants further discussion and the same CAT reportable events.’’ 227 complexes being charged approximately transparency.219 Several commenters believe the the same level of fees as the largest One commenter notes that the proposed cost allocation between Industry Members.’’ The commenter Proposed Funding Model does not Industry Members and Participants notes that the result is not a fair explain how the 75% allocation to ignores the time investment and costs allocation of reasonable fees as the Industry Members relates to overall CAT already incurred by Industry Members largest Industry Members have multiple costs resulting from Industry Member to report to the CAT.228 One commenter affiliates that, if viewed as a single reporting and therefore may not be aggregated complex like affiliated supported by Section 11.2(a) and the Company that are aligned with the anticipated Participants, would pay greater CAT Section 11.2(b) of the CAT NMS Plan.220 costs to build, operate and administer the CAT and fees than the largest Participant the other costs of the Company. Section 11.2(b) complexes.234 requires the Operating Committee to establish an 209 See Parallax Letter at 2. allocation of the Company’s related costs among One commenter questions why 210 See Virtu Letter at 3–4. Participants and Industry Members that is equities and options message traffic is 211 See Data Boiler Letter at 6, 7. consistent with the Exchange Act, taking into combined for Industry Member cost 212 Id. at 6. account the timeline for implementation of the CAT allocation purposes, unlike the 213 Id. at 7. and distinctions in the securities trading operations Participant Allocation where 60% of the 214 of Participants and Industry Members and their Id. at 8. Total CAT Costs would be allocated to 215 See FIA PTG May 12th Letter at 4. The relative impact upon Company resources and Operating Committee acknowledges the operations. commenter’s support of the elimination of tiering. 221 See Istra Letter at 5–6. to comply with CAT requirements but will not be See CAT Operating Committee July 14th Letter II at 222 Id. reimbursed for these costs). 8, 13. 223 See NYSE Letter at 4. 229 See SIFMA Letter at 7–8. See also STA Letter 216 See FIA PTG May 12th Letter at 4. 224 Id. at 5. at 3 (describing collaborative efforts by Industry 217 Id. 225 See Parallax Letter at 3. Members and Participants to develop technical 218 See MMI Letter at 4–5. 226 Id. specifications). 230 219 Id. at 5. 227 Id. See SIFMA Letter at 7–8. 231 220 See FINRA Letter at 5. Section 11.2(a) of the 228 See SIFMA Letter at 7–8; FIA PTG May 12th See Tower Letter at 4–5. CAT NMS Plan requires the Operating Committee, Letter at 5; Tower Letter at 4–5. See also Fidelity 232 See FIA PTG May 12th Letter at 5. in establishing the funding of the Company, to Letter at 2 (stating that Industry Members have 233 See SIFMA Letter at 8. create transparent, predictable revenue streams for spent much time and money on building systems 234 Id.

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Equities Participants and 40% would be each receives.’’ 245 The Operating Operating Committee explains that the allocated to Options Participants.235 The Committee reiterates the arguments it proposed CAT fees account for the costs commenter states, ‘‘[i]f message traffic is made in support of the allocation from to create, implement and maintain the indeed the major driver of CAT costs, the Proposed Amendment.246 CAT, not other aspects of the then it stands to reason that at least 40% Several commenters state that the Participants’ regulatory operations.255 of the Industry Member costs be Proposed Amendment does not consider Finally, one commenter argues that allocated to options (as in the whether regulatory fees and fines paid the elimination of comparability as a Participants’ allocation framework), if by Industry Members could offset the funding principle removes support for not significantly more.’’ 236 costs of CAT.247 One commenter asserts the proposed cost allocation.256 The that the Proposed Funding Model did commenter explains that comparability Four commenters note that, under the not consider using exchange regulatory was key to the decision to propose the proposed allocation, Industry Members revenues or profits as sources of funding 75%–25% allocation to Industry must not only cover their allocation of and did not explain why fines paid by Members and Participants when the the Total CAT Costs, but they must also Industry Members for CAT reporting Participants previously proposed CAT fund FINRA, which would owe its own violations could not offset the costs of fees in 2017.257 The commenter 237 share of Participant CAT fees. One operating the CAT.248 In addition, the explains that the Participants removed commenter believes that, including commenter states that the Proposed comparability from the funding model FINRA’s allocation, the Industry Funding Model did not analyze whether because the Proposed Funding Model Member Allocation would exceed FINRA’s Trading Activity Fee (‘‘TAF’’) no longer assesses fees through tiers.258 80%.238 The commenter notes that the could offset the costs of CAT when The commenter states, ‘‘if the principle Proposed Amendment does not explain OATS is retired, or whether FINRA driving the change to a no-tier approach why FINRA should be treated the same could reduce the TAF rate.249 The is to assess fees more transparently on way as exchanges for allocation commenter said that inclusion of this CAT Reporters in direct relation to the purposes when Industry Members pay analysis would reveal that the Industry costs that each creates for the CAT with FINRA’s operation costs through Allocation is not an equitable allocation its reporting activity, the Proposed regulatory fees and fines.239 Another of reasonable fees.250 Another Funding Model fails to apply this commenter believes that FINRA will commenter argues that Industry principle consistently.’’ 259 The raise its fees to help pay for its own Members pay membership fees, commenter adds that the Proposed Participant Allocation, further registration and licensing fees, and Amendment does not discuss the increasing the cost to be borne by regulatory fees to Participants, yet the impact of the removal of the tiers and Industry Members.240 This commenter Proposed Funding Model did not the comparability principle on the suggests that the Participants should address how these fees are allocated and funding model.260 submit a new proposal with a cost why Industry Members must be In response to the comment,261 the methodology supported by data that responsible for a new funding Operating Committee explains that the Industry Members can evaluate.241 requirement.251 One commenter comparability provision was used to FINRA itself comments, ‘‘[o]ne effect of believes that revenues from fines should determine fee tiers. Since a tiered fee adopting these unsupported allocation be allocated to the Company’s operating criteria would be an unjustified increase reserve in order to decrease CAT 255 Id. in FINRA’s fee assessments . . .’’ 242 costs.252 256 See FINRA Letter at 2–4. In response to comments suggesting 257 On May 9, 2017, the Operating Committee for FINRA also states that because it relies the Company filed proposed Amendment No. 2 to on regulatory fees from members, the that regulatory fines and cost savings the CAT NMS Plan to establish the CAT fees to be Proposed Funding Model would due to the retirement of OATS should paid by the Participants. See Letter from Michael reallocate FINRA’s costs to Industry be used to decrease CAT costs,253 the Simon, CAT NMS Plan Operating Committee Chair, Operating Committee states that it will to Brent J. Fields, Secretary, Commission, dated Members in addition to the CAT fees to May 9, 2017. See also Securities Exchange Act be borne by Industry Members.243 not reduce CAT fees based on the Release No. 80930 (June 14, 2017), 82 FR 28180 ancillary effects of the CAT.254 The (June 20, 2017). The Commission issued an order In response to comments questioning of summary abrogation of Amendment No. 2 on July the justification for the proposed 75%– 245 See CAT Operating Committee July 14th Letter 21, 2017. See Securities Exchange Act Release No. 25% allocation,244 the Operating II at 2. 81189 (July 21, 2017), 82 FR 35005 (July 27, 2017). Committee states that this allocation 246 Id. at 2–4; Notice, supra note 4 at 21054– The Participants subsequently filed proposed 21055. Amendment No. 3 to the CAT NMS Plan on October ‘‘continues to be an equitable allocation 30, 2017 to establish the Participant CAT fees. See 247 See Tower Letter at 5; SIFMA Letter at 7; Virtu of reasonable CAT fees between Letter from Michael Simon, CAT NMS Plan Letter at 3; FIA PTG May 12th Letter at 5; Parallax Operating Committee Chair, to Brent J. Fields, Industry Members and Participants that Letter at 4. See also Data Boiler Letter at 7 Secretary, Commission, dated October 30, 2017. On balances the costs paid by each CAT (suggesting that fines and settlements should fund December 11, 2017, the Operating Committee filed the CAT). Reporter and the regulatory benefits proposed Amendment No. 4 to the CAT NMS Plan, 248 See SIFMA Letter at 7. See also MMI Letter at which replaced and superseded Amendment No. 3 5–6 (stating that information is needed concerning 235 See Istra Letter at 3–4. in its entirety. See Letter from Michael Simon, CAT any potential cost-savings to FINRA from OATS NMS Plan Operating Committee Chair, to Brent J. 236 Id. at 4. retirement that could offset the cost of running the Fields, Secretary, Commission, dated December 11, 237 See Virtu Letter at 4, 6; Fidelity Letter at 4; CAT, as well as a proposed TAF increase in 2022); 2017. See also Securities Exchange Act Release No. SIFMA Letter at 7; Tower Letter at 5. Virtu Letter at 4 (stating that the Proposed 82451 (January 5, 2018), 83 FR 1399 (January 11, 238 See SIFMA Letter at 7. Amendment should have analyzed whether 2018). The Participants withdrew Amendment No. 239 Id. FINRA’s TAF could offset CAT costs after OATS 4 to the CAT NMS Plan on January 11, 2018. See 240 See Fidelity Letter at 4. has been retired). Letter from Michael Simon, CAT NMS Plan 241 Id. 249 See SIFMA Letter at 7. Operating Committee Chair, to Brent J. Fields, 242 See FINRA Letter at 9. 250 Id. Secretary, Commission, dated January 10, 2018. See 243 Id. 251 See Virtu Letter at 3. also Securities Exchange Act Release No. 82892 252 (March 16, 2018), 83 FR 12633 (March 22, 2018). 244 See Data Boiler Letter at 7; FIA PTG May 12th See FIA PTG May 12th Letter at 5. 258 Letter at 4; Fidelity Letter at 2–4; FINRA Letter at 253 Id.; MMI Letter at 5–6; SIFMA Letter at 7; See FINRA Letter at 4. 5; Istra Letter at 3; MMI Letter at 4; NYSE Letter Tower Letter at 5; Virtu Letter at 4. 259 Id. at 2; Parallax Letter at 2; SIFMA Letter at 5–8; STA 254 See CAT Operating Committee July 14th Letter 260 Id. at 7, n.17. Letter at 4; Tower Letter at 4; Virtu Letter at 3–4. I at 6. 261 Id. at 2–4.

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structure would not be used under the subject of negotiations among the quoting comprises the ‘‘vast majority’’ of Proposed Funding Model, the Operating Participants.272 CAT messaging and that the design of Committee believes it is appropriate to the CAT should be reevaluated in case Use of Message Traffic for Industry delete the comparability provision as it CAT is being ‘‘weighed down by options Members is no longer relevant.262 activity with little impact on market Several commenters object to the use quality and traded volume.’’ 282 The Allocation of Costs Between Equities of message traffic as the basis of and Options Participants other commenter states that the Industry Member CAT fees.273 One Proposed Funding Model lacks an Two commenters argue that the commenter believes that message traffic analysis of the message traffic and costs Proposed Amendment failed to justify is not an appropriate measure for generated by Options Market Makers the proposed 60%–40% allocation of allocating fees to Industry Members.274 that are required by SRO rules to costs between Equities and Options The commenter notes that the provide quotes in over a million options Participants.263 Both commenters Participants ‘‘control how message series, even those that do not trade.283 believe the Proposed Amendment lacks traffic is defined, how message traffic is In response to comments questioning justification to support the allocation.264 processed, and whether steps can be the use of message traffic as a basis of One commenter notes that the taken to reduce message traffic.’’ 275 The Industry Member CAT fees,284 the Participants previously stated that commenter argues that charging only Operating Committee states that ‘‘the message traffic is a key cost driver of the Industry Members based on message use of message traffic for allocating CAT 265 CAT. The commenter attests that the traffic is not a fair allocation of costs among Industry Members is Proposed Funding Model would assess reasonable fees because it creates no consistent with the CAT NMS Plan as Options Participants, which generate incentive for the Participants to control approved by the Commission, and the 276 significantly more message traffic than CAT message traffic and CAT costs. proposal did not seek to change the use Equities Participants, a lesser amount of The commenter believes the of message traffic for this purpose in the the total CAT costs than Equities proliferation of exchanges has resulted Proposed Funding Model.’’ 285 The 266 Participants. This commenter in higher CAT message traffic, and thus Operating Committee notes that it believes the result is inconsistent with higher costs, but notes that this is not explored allocating the Industry 267 277 the CAT’s cost alignment principles analyzed in the funding model. Member Allocation based on revenue and that the Operating Committee does Another commenter suggests that related to activities in Eligible not explain how the result is consistent additional data is needed to support the Securities, but decided it would be with the funding principles or the apportionment of CAT costs according 268 278 difficult to determine the types of Exchange Act. The other commenter to message count. Industry Member revenue to include in One commenter notes that the believes the allocation is arbitrary and the calculation of a CAT fee using this 269 elimination of comparability as a unfairly discriminatory. The approach.286 funding principle removes support for commenter opines that the explanation One commenter suggests that the the proposed requirement to base provided by the Participants—that the Reportable Events that will constitute Industry Members CAT fees on message allocation was ‘‘subject to negotiations message traffic be defined in the CAT traffic and Participant CAT fees on among the Participants’’—is not a basis NMS Plan, rather than in the IM market share.279 The commenter for approval under the Exchange Act, Reporting Tech Specs, so that any explains that comparability was key to and notes that the majority of votes on changes to the Reportable Events that the Operating Committee are held by the decision to propose message traffic would be defined as message traffic Participants that operate options as the basis of Industry Member CAT would be subject to the notice and exchanges.270 fees and market share as the basis of comment process.287 In response to the In response to the comments,271 the Execution Venue CAT fees when the comment,288 the Operating Committee Operating Committee states that the Participants previously proposed CAT states that ‘‘delineating the method for proposed 60%–40% allocation of costs fees in 2017.280 reporting Reportable Events used in the between Equities Participants and Two commenters believe that the message traffic count in the Technical Options Participants is an appropriate Proposed Funding Model needs to Specifications, rather than the CAT allocation that is consistent with the examine the impact of options quoting NMS Plan, is appropriate because the CAT NMS Plan, which contemplates activity on CAT.281 One commenter technical approach to reporting specific allocating Participant CAT fees based on states that Options Market Maker activity in options and equities, and Reportable Events may vary over 289 explains that the allocation was the 272 See CAT Operating Committee July 14th Letter time.’’ II at 13–14. Commenters also believe that the use 262 See CAT Operating Committee July 14th Letter 273 See SIFMA Letter at 8–10; Istra Letter at 3, 5; of message traffic as a basis of Industry II at 4. Virtu Letter at 5; SSGA Letter at 2; Data Boiler Member CAT fees could affect market 263 See LTSE Letter at 5; FINRA Letter at 6. See Letter at 7. See also NYSE Letter at 1, 3 participant behavior with harmful also NYSE Letter at 2 (describing the proposed (recommending a cost allocation framework based consequences to the markets.290 Two allocation as part of ‘‘an incomprehensible, on executed share volume) and STA Letter at 4 distorted program’’); MMI Letter at 5 (requesting (agreeing with the suggestion to use executed share further transparency and discussion on cost volume); Fidelity Letter at 4 (stating that the 282 See Istra Letter at 2. allocation methodology differences between Proposed Amendment has not explained why 283 See SIFMA Letter at 9. Participants and Industry Members). Industry Members must pay CAT fees based on 284 See Istra Letter at 4–5; MMI Letter at 4; SIFMA 264 See LTSE Letter at 5; FINRA Letter at 6. message traffic while Participants will pay based on Letter at 8–9. 265 See FINRA Letter at 6. market share). 285 See CAT Operating Committee July 14th Letter 274 266 Id. See SIFMA Letter at 8–9. II at 6. 275 267 See Section 11.2(a) and Section 11.2(b) of the Id. at 9. 286 Id. CAT NMS Plan. 276 Id. 287 See Fidelity Letter at 2, 3. 268 See FINRA Letter at 6. 277 Id. 288 Id. 269 See LTSE Letter at 5. 278 See MMI Letter at 4. 289 See CAT Operating Committee July 14th Letter 270 Id. 279 See FINRA Letter at 3–4. II at 6. 271 See FINRA Letter at 6; LTSE Letter at 5; MMI 280 See supra note 257. 290 See SIFMA Letter at 9; Virtu Letter at 5; Istra Letter at 5; NYSE Letter at 2. 281 See Istra Letter at 2; SIFMA Letter at 9. Letter at 5; SSGA Letter at 2.

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commenters believe the Participants making activity to the market as a Another commenter, FINRA, believes have not analyzed the impact of the whole.’’ 301 that requiring market share to be the proposed approach on the markets.291 Use of Market Share for Participants basis of Participant costs is inconsistent One commenter states that the Proposed with CAT cost alignment principles 309 Funding Model does not address Several commenters believe that because message traffic is the key driver whether market makers would reduce Participants should be assessed fees of costs, not market share.310 The their quoting activity in order to reduce based on message traffic rather than commenter notes that if the Participants 302 their CAT fees, even with the proposed market share. The commenters note believe FINRA’s CAT fee would be too market maker discounts.292 The other that the primary driver of CAT costs is low based on its message traffic, FINRA commenter believes that such a the processing and storage of message would consider paying a more traffic; therefore, Participants should be reduction in message traffic could appropriate amount or an allocation 293 assessed CAT fees based on message impact liquidity. based on a combination of message traffic.303 One commenter believes that using traffic and market share.311 message traffic as the basis of Industry One commenter believes that using Member CAT fees will hurt the market share to determine Participant This commenter also objects to the provision of liquidity and harm market CAT fees ‘‘gives a free pass to Plan use of market share in determining its quality.294 The commenter explains, Participants who generate high levels of CAT fees.312 The commenter states that ‘‘[a] message that becomes displayed on message traffic but have very little it would be responsible for 20% of the an exchange has obvious value to the market share.’’ 304 This commenter Equities Participant Allocation even entire market and not only to the broker believes that using message traffic as the though it generates less than 1% of (or its customer) providing that basis of Industry Member CAT fees and equities message traffic reported to the liquidity. Taxing the message will market share as the basis of Participant CAT.313 The commenter explains that naturally discourage its provision.’’ 295 CAT fees is inherently discriminatory, its market share would be based on The commenter emphasizes the benefits maximizes Industry Member costs and trade reporting volume reported through of displayed quoting on the markets and minimizes Participant costs, and its facilities, which is also reported by the negative consequences of the appears to result from Participant Industry Members.314 The commenter potential reduction in this activity that conflicts of interest and a lack of asks how this is consistent with the could result from the proposed industry input until the funding Operating Committee’s rationale for the approach.296 model.305 Another commenter believes use of market share to determine One commenter discusses the that using message traffic as the basis of Participant CAT fees—that message potential negative impact on ETFs Industry Member CAT fees and market traffic is not an appropriate basis for caused by the use of message traffic as share as the basis of Participant CAT Participants because their message the basis for Industry Member CAT fees is discriminatory and traffic is derivative of Industry Member 306 fees.297 The commenter believes that the unsupportable. One commenter reporting activity.315 In addition, the proposed approach would result in a believes the Proposed Amendment fails commenter states that the Operating reduction in quoting to minimize CAT to explain why Industry Members will Committee justifies the use of market fees.298 The commenter states that ETF be assessed fees based on message traffic share for Participants because their market making activity is message- while Participants will be assessed fees 307 business models are focused on intensive and any changes in behavior based on market share. Two executions; however, the commenter caused by the proposed approach could commenters believe that the notes that ‘‘given FINRA’s unique role, Participants will have no incentives to ‘‘interfere with the arbitrage mechanism trade volume is reported through FINRA limit message traffic to lower costs if and negate the work by Industry for regulatory purposes, not to serve they are not being charged CAT fees Members and exchanges to promote FINRA’s business purposes.’’ 316 The based on message traffic.308 tighter bid-ask spreads, deeper markets commenter adds that the Operating and greater participation among Committee justifies the use of market 301 See CAT Operating Committee July 14th Letter liquidity providers.’’ 299 share as a basis for FINRA’s CAT fees In response to comments questioning II at 7. 302 See FIA PTG May 12th Letter at 3; LTSE Letter as FINRA would be one of the largest the effects of the use of message traffic at 2–3; FINRA Letter at 6–7, 9. regulatory users of the CAT.317 The 300 to calculate fees on the markets, the 303 See FIA PTG May 12th Letter at 3; LTSE Letter commenter asks ‘‘why regulatory usage Operating Committee states that its at 2; FINRA Letter at 6–7, 9. is offered only to justify FINRA’s proposed market maker discounts and 304 See FIA PTG May 12th Letter at 3. See also SIFMA Letter at 9 (stating that message traffic is a allocation of the proposed fee that is the proposed Maximum Industry key driver of CAT costs and that the Participants based on unrelated criteria (market Member CAT Fee are designed to generate a significant amount of message traffic, yet share), particularly when all address potential disincentives. the Participants propose to base their own CAT fees Participants may use CAT data for Additionally, the Operating Committee on market share). See also Parallax Letter at 3 (recommending an analysis of the amount of regulatory purposes.’’ 318 The states that the market maker discounts message traffic that is driven by the Participants, commenter argues that the Operating ‘‘recognize the value of the market such as market maker quoting). Committee has not analyzed the costs of 305 See FIA PTG May 12th Letter at 3. regulatory usage, and states that if a 291 See SIFMA Letter at 9; Virtu Letter at 5. 306 See IMC Letter at 2. 292 See SIFMA Letter at 9. 307 See Fidelity Letter at 4. See also LTSE Letter 293 See Virtu Letter at 5. at 2–3 (stating that the Participants have provided 309 See supra note 267. 294 See Istra Letter at 5. no metrics to support their rationale that message 310 See FINRA Letter at 6. traffic is not an appropriate basis for Participant 311 295 Id. Id. at 9. CAT fees because their message traffic is derivative 296 312 Id. at 7–9. Id. of quotes and orders received from Industry 297 313 Id. at 8. See SSGA Letter at 2. Members that the Participants are required to 314 298 Id. display) and NYSE Letter at 2 (stating that the Id. at 7. 299 Id. Proposed Amendment does not justify why some 315 Id. at 7. 300 See Istra Letter at –5; MMI Letter at 4; SIFMA costs should be split by message traffic and other 316 See FINRA Letter at 7–8. Letter at 9; SSGA Letter at 2; Tower Letter at 1; costs should be split by market share). 317 Id. at 8. Virtu Letter at 5. 308 See Virtu Letter at 5; LTSE Letter at 3. 318 Id.

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regulatory usage fee is appropriate, it share volume in the Proposed options and equities exchange would be should apply to all Participants.319 Amendment.327 assessed only one Minimum Participant In response to comments questioning The other commenter believes that the Fee.338 the use of market share to calculate Maximum Equities Participant Fee In response to the comments on the Participant fees,320 the Operating market share caps and re-allocation are Minimum Participant Fee,339 the Committee states that the CAT NMS arbitrary and unfairly discriminatory.328 Operating Committee reiterates the Plan contemplates that Participants pay The commenter believes that the arguments it made in support of the a CAT fee that is based on market share. proposal lacks justification for requiring proposed Minimum Participant Fee in After considering alternatives to the use other Equities Participants to be the Proposed Amendment.340 allocated FINRA’s market share when of market share, the Operating Maximum Industry Member CAT Fee Committee concluded that market share FINRA’s activity does not occur on their would equitably allocate CAT fees markets.329 The commenter notes, ‘‘[t]he Several commenters express concern about the Maximum Industry Member among Participants. The Operating stated rationale that this is necessary for CAT Fee.341 One commenter believes Committee reiterates arguments it made the FINRA fees to be ‘fair and the Maximum Industry Member CAT in support of the use of market share in reasonable’ is subjective, unsupported Fee ‘‘exacerbates inequalities’’ 342 and the Proposed Amendment.321 by any data, and further highlights the shortcomings of a fee model based on believes that small firms should not be Maximum Equities Participant Fee market share.’’ 330 responsible for subsidizing the CAT fees for the top 36 firms that generate the Two commenters object to the One commenter, FINRA, also objects vast majority of message traffic.343 Maximum Equities Participant Fee to the Maximum Equities Participant Similarly, another commenter believes because they believe that the sole Fee because it is based on the use of market share for calculating FINRA’s that a lack of transparency into the re- Participant subject to the fee—FINRA— CAT fees, which FINRA believes is allocation of CAT fees for Industry would be unfairly afforded preferential inconsistent with the funding principles Members in excess of the Maximum treatment.322 One commenter believes of the CAT NMS Plan and ill-suited to Industry Member CAT Fee adds that FINRA should receive a higher FINRA’s unique model.331 complexity and makes it difficult for portion of CAT costs than Participants In response to comments received on Industry Members to calculate their that lack a surveillance business the Maximum Equities Participant costs under the Proposed Funding because FINRA can capitalize off of the Fee,332 the Operating Committee Model.344 This commenter also believes predecessor plan processor’s reiterates the arguments it made in the cap of 8% of total Industry Member development work and its technology support of the proposed Maximum CAT message traffic is arbitrary.345 323 will benefit from CAT. The Equities Participant Fee in the Proposed Another commenter objects to the 8% commenter believes that FINRA should Amendment.333 cap, explaining that the proposal has not be permitted re-allocation of its CAT not fully justified the cap, and that it fee under the Maximum Equities Minimum Participant Fee provides large brokers an unfair Participant Fee.324 The commenter also One commenter objects to the advantage by requiring other Industry states, ‘‘[a]lthough we acknowledge that proposed Minimum Participant Fee as Members, including their direct the nature of OTC trading in penny level inconsistent with the notion that market competitors, to pay the large brokers’ re- may inherently be different from the share is a fair method of allocation,334 allocation of fees in excess of the proposed message traffic measurement and as arbitrary and unfairly Maximum Industry Member CAT use in Equity/Listed Option Group discriminatory.335 The commenter states Fee.346 Finally, one commenter believes Split, similar arguments may apply to that this fee would be paid by every the Proposed Funding Model thinly traded securities, ESG stocks, Participant, regardless of its market insufficiently analyzes the ‘‘cross- etc., which SEC rule should avoid ‘craft- share, and notes that this fee can subsidization that results from the out.’’’ 325 significantly increase even if a proposed minimum and maximum In response to the comment noting the Participant itself is not creating Industry Member fees’’ nor does it nature of trading in OTC Equity increased costs to the CAT.336 The explain the reasoning behind the Securities,326 the Operating Committee commenter questions why some creation of the Maximum Industry states that it proposes to exclude OTC Participants would incur a higher Member CAT Fee.347 Equity Securities share volume from the Minimum Participant Fee when only In response to comments on the calculation of market share for national certain Participants engage in activity Maximum Industry Member CAT securities exchanges. The Operating that results in increased CAT message Fee,348 the Operating Committee Committee reiterates the arguments it traffic.337 The commenter also notes that reiterates the arguments it made in made in support of the proposed a Participant that operates both an support of the proposed Maximum exclusion of OTC Equity Securities 327 See CAT Operating Committee July 14th Letter 338 Id. at 4, n.9. 319 Id. at 8–9. II at 14; Notice, supra note 4, at 21061. 339 Id. at 4–5; NYSE Letter at 2. 328 320 See FIA PTG May 12th Letter at 3; Fidelity See LTSE Letter at 5. 340 See CAT Operating Committee July 14th Letter Letter at 4; FINRA Letter at 6–7; IMC Letter at 2; 329 Id. II at 15; Notice, supra note 4, at 21060. LTSE Letter at 2–3; MMI Letter at 5; NYSE Letter 330 Id. 341 See Data Boiler Letter at 7–8; Tower Letter at at 2; SIFMA Letter at 8–9. 331 See supra text accompanying notes 312–319. 6; FINRA Letter at 5–6; MMI Letter at 5; SIFMA 321 See CAT Operating Committee July 14th Letter 332 See Data Boiler Letter at 9; FINRA Letter at 7– Letter at 9. II at 12–13; Notice, supra note 4, at 21060. 9; LTSE Letter at 5; NYSE Letter at 2. 342 See Data Boiler Letter at 7. 322 See Data Boiler Letter at 8–9; LTSE Letter at 333 See CAT Operating Committee July 14th Letter 343 Id. 5. See also NYSE Letter at 2 (noting the added II at 15; Notice, supra note 4, at 21062. 344 See SIFMA Letter at 9. complexity of the ‘‘bespoke fee structure for 334 See LTSE Letter at 4. 345 Id. FINRA’’). 335 See LTSE Letter at 4. See also NYSE Letter at 346 See Tower Letter at 6. 323 See Data Boiler Letter at 8–9. 2 (noting the added complexity of the Minimum 347 See FINRA Letter at 5. 324 Id. at 9. Participant Fee). 348 See Data Boiler Letter at 7–8; FINRA Letter at 325 Id. at 8. 336 See LTSE Letter at 4. 5–6; MMI Letter at 5; SIFMA Letter at 9; Tower 326 Id. 337 Id. at 4–5. Letter at 6.

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Industry CAT Fee in the Proposed Additionally, the commenter objects to more without trading more; (4) how/ Amendment.349 the use of the SIP best bid and offer whether the discount calculation will information in deriving the trade-to- change if the trade-to-quote ratio Minimum Industry Member CAT Fee quote ratio, explaining that this method significantly changes; and (5) any Two commenters object to the undercounts the ‘‘activity and value impacts on liquidity and market Minimum Industry Member CAT Fee.350 contribution of equities market makers participant behavior.366 The commenter One of the commenters believes the and further underestimates any market also believes the Proposed Amendment Minimum Industry Member CAT Fee maker discount.’’ 360 The commenter lacks a discussion of its potential impact poses an undue burden on Industry also argues that, after the Options on business lines across the industry, Members and, by charging a ‘‘de Market Maker discount, equities such as, for example, its effect on ATSs, minimis fee,’’ is inconsistent with Industry Members would be required to which would not be considered market Section 11.2(d), which requires the pay 95% of the CAT cost when only makers and thus could incur high Operating Committee to provide for ease responsible for 12% of the message costs.367 The commenter attests that the of billing and other administrative traffic, a ‘‘grossly unfair cross- Proposed Amendment lacks the functions.351 subsidy.’’ 361 The commenter states that information necessary to assess the The other commenter believes the at least 40% of Industry Member costs effect of the proposed market maker proposal lacks justification for the should be borne by options Industry discounts, such as the number of Minimum Industry CAT Fee, explaining Members if message traffic is the key transactions resulting from market that the fee could increase for firms with driver of CAT costs.362 Another makers and how market-makers little message traffic due to the commenter states that the ‘‘massive transactions should be discounted from redistribution of CAT fees in excess of discounts’’ demonstrate that the the total number of transactions using the Maximum Industry Member CAT Participants ‘‘have not found a way to the trade-to-quote ratio.368 Fee.352 The commenter states this result perform the core functions needed for In response to the comment on the was not discussed in the Proposed market surveillance, without the cost of proposal’s potential effects on business Funding Model nor was there a it putting at risk an entire segment of the lines across the industry,369 the discussion of how the result is industry.’’ 363 Operating Committee states that it consistent with the CAT funding Similarly, another commenter states sought to limit any negative effects on principles.353 that 89% of all Industry Member CAT certain CAT Reporters resulting from In response to the comments,354 the Reportable Events comes from Options the use of message traffic to calculate Operating Committee reiterates the Market Makers, but the proposed fees, such as through the proposed arguments it made in support of the Options Market Maker discount reduces market maker discounts and the proposed Minimum Industry Member 99% of the billable events for Options proposed Maximum Industry Member CAT Fee in the Proposed Market Makers, with the result being CAT Fee.370 Amendment.355 94% of Industry Members’ share One commenter opposes any market allocated to equities non-market maker discounts, but notes that smaller Market Maker Discounts makers.364 The commenter urges the market makers that do not pay or Five commenters object to the Participants to justify this shift of costs receive rebates deserve subsidies to proposed market maker discounts.356 to Industry Members that are not encourage their participation.371 One commenter objects to the market Options Market Makers and notes that Another commenter believes the impact maker discounts due to what it deems the Proposed Amendment has not of market maker discounts, as well as the improper discounting of Equity analyzed the effects of the discounts or the Maximum Industry Member CAT Market Maker message traffic and the has demonstrated that the discounts Fee, adds complexity and makes it preferential treatment of Options Market will be effective.365 The commenter difficult for Industry Members to Makers at the expense of equities states that the Proposed Amendment is calculate their costs.372 In response to Industry Members.357 The commenter lacking in several other areas with comments on the market maker criticizes the trade-to-quote ratio that is respect to these discounts; there is no discounts,373 the Operating Committee the basis of the proposed market maker discussion of: (1) How the proposed reiterates its rationale for proposing the discounts, explaining that it ‘‘ignores market maker discount provides a discounts from the Proposed the realities of the market.’’ 358 The pricing advantage to market makers that Amendment.374 commenter suggests only including is unavailable to other market Two commenters endorse the 375 trades executed on-exchange and not participants; (2) how the trade-to-quote proposed market maker discounts. off-exchange in the ratio.359 ratio is the correct metric to use for One commenter believes any funding determining the market maker plan should include these discounts and 349 See CAT Operating Committee July 14th Letter discounts; (3) how the discount that additional product-specific II at 12; Notice, supra note 4, at 21059. incentivizes market makers to quote 350 See Data Boiler Letter at 7; FINRA Letter at 5– 366 See Tower Letter at 5. 6. 367 360 Id. at 5. Id. at 6. 351 See Data Boiler Letter at 7. 368 361 Id. at 4. Id. at 3. 352 See FINRA Letter at 5–6. 369 362 Id. Id. at 6. 353 See FINRA Letter at 5–6. 370 363 See Parallax Letter at 3. This commenter also See CAT Operating Committee July 14th Letter 354 See Data Boiler Letter at 7; FINRA Letter at 5– suggests that there should be a process to confirm II at 7. 6. that Industry Members accurately identify 371 See Data Boiler Letter at 9. 355 See CAT Operating Committee July 14th Letter themselves as market makers to receive the 372 See SIFMA Letter at 9. II at 7; Notice, supra note 4, at 21058–21059. proposed market maker discounts, and penalties for 373 See FIA PTG May 12th Letter at 4; IMC Letter 356 See Data Boiler Letter at 7, 8, 9; SIFMA Letter those who wrongfully identify themselves or their at 2; Data Boiler Letter at 7; SIFMA Letter at 9; Istra at 9; Tower Letter at 5–6; Istra Letter at 3–5; Parallax activities to receive a discount. Id. Letter at 2–4; Parallax Letter at 3; Tower Letter at Letter at 3. 364 See Tower Letter at 6. 5–6. 357 See Istra Letter at 3–5. 365 Id. at 5–6. See also Parallax Letter at 4 (stating 374 See CAT Operating Committee July 14th Letter 358 Id. at 4–5. See also Parallax Letter at 3 (stating that it is important to understand the extent to II at 9; Notice, supra note 4, at 21057–21058. that the trade-to-quote ratio needs further analysis). which Industry Members would benefit from the 375 See IMC Letter at 2; FIA PTG May 12th Letter 359 See Istra Letter at 4. discounts). at 4.

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discounts should be considered.376 Two commenters explain that the Reporting Facility on a per share Another commenter believes the Participants could be assigned all of the basis.398 The commenter believes that discounts prevent market makers from CAT costs and then they would decide requiring all parties active in each incurring ‘‘a disproportionate how to reallocate those costs to their transaction to evenly fund the CAT percentage of CAT costs, which could market participants, like Section 31 would allocate costs transparently, and impact their provision of liquidity.’’ 377 fees.387 One of the commenters believes that billing in accordance with Section One commenter requests clarification that this method would incentivize 31 fee billing processes would be ‘‘an on the proposed market maker Participants into better managing CAT efficient method to administer funding discounts, specifying ‘‘cost allocation costs and possibly incentivize them into program and provide clarity to market data and projections on market maker competing over how to allocate costs participants of their trading vs. non-market maker liquidity their market participants.388 Another expenses.’’ 399 providers.’’ 378 The commenter also asks commenter also suggests that the Two commenters believe the national for further transparency and discussion Commission could instead increase the securities exchange’s suggested on the application of the discounts on rate of Section 31 fees to fund the alternative funding model deserves Industry Members with the most CAT.389 review.400 Both commenters support the message traffic, at the expense of other One commenter believes that a 50%– alternative’s suggestion to base funding Industry Members.379 50% cost allocation among Industry on executed volume rather than message Members and Participants would be traffic via a structure administered like Proposed Alternative Funding Models preferable to the proposed 75%–25% Section 31 fees volume rather than Several commenters suggest cost allocation,390 but notes a simpler message traffic.401 However, one alternatives to the Proposed Funding and direct way of allocating costs commenter expresses concern about the Model.380 One commenter believes that through derived value, which the alternative’s suggested allocation of the fines and settlements should fund the commenter believes would not deter the per share cost, explaining that FINRA’s CAT and that market participants that provision of liquidity.391 The costs would be passed to Industry pose higher risks should pay higher commenter suggests using a Members through the TAF.402 CAT fees due to regulators’ ‘‘extra methodology similar to the Section 31 Additionally, one commenter warns that efforts in deciphering their complex fee or the Section 31 fee methodology this alternative, and the suggestions to business activities.’’ 381 The commenter itself.392 use Section 31 fees as a model, could also suggests the Suspicious Activity Another commenter, a national result in costs assessed against investors Report (‘‘SAR’’) 382 as a basis for securities exchange, provides a detailed and urges the Commission to consider determining Industry Member CAT fees, alternative funding model administered the possibility of increased costs and stating that Industry Members that similarly to Section 31 fees.393 whether investors should be responsible underreport on the SAR should have According to the alternative model, CAT for these costs.403 increased fines.383 The commenter costs would be allocated based on believes that dark pools should pay executed share volume, which is V. Proceedings To Determine Whether higher CAT fees than SROs because they already tracked by market To Approve or Disapprove the pose higher potential risks due to lack participants.394 A per share or per Proposed Amendment of transparency and ‘‘vulnerability to contract fee would be calculated by The Commission is instituting conflicts of interest,’’ 384 and also notes dividing the annual budget cost base by proceedings pursuant to Rule that internalizers or market makers may projected total industry volume.395 One- 608(b)(2)(i) of Regulation NMS,404 and pose more of a risk than dark pools due third of the fee would be allocated to the Rules 700 and 701 of the Commission’s to greater vulnerability to conflicts of purchasing broker-dealer, one-third to Rules of Practice,405 to determine interest.385 the selling broker-dealer, and one-third whether to disapprove the Proposed Other commenters recommend a to the exchange or trade reporting Amendment or to approve the Proposed funding model administered similar to facility reporting the transaction.396 The Amendment with any changes or the Commission’s Section 31 fees.386 commenter believes that this allocation subject to any conditions the would align funding responsibility with Commission deems necessary or 376 See IMC Letter at 2. the receipt of economic benefits from appropriate after considering public 377 See FIA PTG May 12th Letter at 4. the marketplace and would result in comment. Institution of proceedings 378 See MMI Letter at 5. transparent and predicable CAT funding does not indicate that the Commission 379 Id. 397 has reached any conclusions with 380 See NYSE Letter at 2–5; Data Boiler Letter at costs. The commenter notes that OTC 7–8; STA Letter at 4; FIA PTG May 12th Letter at equities would be treated differently respect to any of the issues involved. 4; Istra Letter at 5–6; IMC Letter at 3; MMI Letter due to their significantly higher share Rather, the Commission seeks and at 5. volumes, and suggests that they receive encourages interested persons to 381 See Data Boiler Letter at 8. a small portion of the CAT budget that provide additional comment on the 382 12 CFR 21.11. would be allocated among the buyer, Proposed Amendment to inform the 383 See Data Boiler Letter at 7–8. seller and the Over-the-Counter Commission’s analysis. 384 Id. Rule 608(b)(2) of Regulation NMS 385 Id. In response to this comment, the Operating Committee states that the Proposed Funding Model 387 See MMI Letter at 5; FIA PTG May 12th Letter provides that the Commission ‘‘shall would treat ATSs as Industry Members, requiring at 4. approve a national market system plan all Industry Members to pay a fee based on message 388 See FIA PTG May 12th Letter at 4. or proposed amendment to an effective traffic rather than requiring some ATSs to pay a fee 389 See MMI Letter at 5. based on market share and some ATSs to pay a fee 390 See Istra Letter at 5. 398 Id. based on message traffic, and would also address 391 Id. at 5–6. 399 See NYSE Letter at 5. concerns that treating Execution Venue ATSs as 392 Id. 400 Participants could create a barrier to entry for See IMC Letter at 3; STA Letter at 4. 393 smaller ATSs. See CAT Operating Committee July See NYSE Letter at 2–5. 401 See IMC Letter at 2–3; STA Letter at 4. 14th Letter II at 7–8. 394 Id. at 3. 402 See STA Letter at 4. 386 See MMI Letter at 5; Istra Letter at 5–6; FIA 395 Id. 403 See Parallax Letter at 4–5. PTG May 12th Letter at 4; IMC Letter at 2–3; STA 396 Id. 404 17 CFR 242.608. Letter at 4; NYSE Letter at 2–5. 397 Id. 405 17 CFR 201.700; 17 CFR 201.701.

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national market system plan, with such association ‘‘promote just and equitable received comment letters that expressed changes or subject to such conditions as principles of trade . . . protect investors concerns about the Proposed the Commission may deem necessary or and the public interest; and [to be] not Amendment, including that the appropriate, if it finds that such plan or designed to permit unfair Participants did not provide sufficient amendment is necessary or appropriate discrimination between customers, information to establish that the in the public interest, for the protection issuers, brokers, or dealers;’’ Proposed Amendment is consistent with of investors and the maintenance of fair • Whether the Participants have the Exchange Act and the rules and orderly markets, to remove demonstrated how the Proposed thereunder. impediments to, and perfect the Amendment is consistent with Section Under the Commission’s Rules of mechanisms of, a national market 6(b)(8) 415 and Section 15A(b)(9) 416 of Practice, the ‘‘burden to demonstrate system, or otherwise in furtherance of the Exchange Act, which require that that a NMS plan filing is consistent with the purposes of the Exchange Act.’’ 406 the rules of a national securities the Exchange Act and the rules and Rule 608(b)(2) further provides that the exchange or national securities regulations issued thereunder . . . is on Commission shall disapprove a national association ‘‘do not impose any burden the plan participants that filed the NMS market system plan or proposed on competition not necessary or plan filing.’’ 422 The description of the amendment if it does not make such a appropriate in furtherance of the NMS plan filing, its purpose and finding.407 In the Notice, the purposes of [the Exchange Act];’’ operation, its effect, and a legal analysis Commission sought comment on the • Whether the Participants have of its consistency with applicable Proposed Amendment, including demonstrated how the Proposed requirements must all be sufficiently whether the Proposed Amendment is Amendment is consistent with the detailed and specific to support an consistent with the Exchange Act.408 In funding principles of the CAT NMS affirmative Commission finding.423 Any this order, pursuant to Rule 608(b)(2)(i) Plan, which state that the Operating failure of the plan participants that filed of Regulation NMS,409 the Commission Committee shall seek, among other the NMS plan filing to provide such is providing notice of the grounds for things, ‘‘to create transparent, detail and specificity may result in the disapproval under consideration: predictable revenue streams for the Commission not having a sufficient • Whether, consistent with Rule 608 Company that are aligned with the basis to make an affirmative finding that of Regulation NMS, the Participants anticipated costs to build, operate and the NMS plan filing is consistent with have demonstrated how the Proposed administer the CAT and the other costs the Exchange Act and the applicable Amendment is necessary or appropriate of the Company,’’ 417 ‘‘to establish an rules and regulations thereunder.424 in the public interest, for the protection allocation of the Company’s related VI. Commission’s Solicitation of of investors and the maintenance of fair costs among Participants and Industry Comments and orderly markets, to remove Members that is consistent with the impediments to, and perfect the Exchange Act taking into account . . . The Commission requests that mechanisms of, a national market distinctions in the securities trading interested persons provide written system, or otherwise in furtherance of operations of Participants and Industry submissions of their views, data, and the purposes of the Exchange Act; 410 arguments with respect to the issues • Members and their relative impact upon Whether the Participants have the Company resources and identified above, as well as any other demonstrated how the Proposed operations,’’ 418 ‘‘to provide for ease of concerns they may have with the Amendment is consistent with Section billing and other administrative Proposed Amendment. In particular, the 6(b)(4) 411 and Section 15A(b)(5),412 of functions,’’ 419 and ‘‘to avoid any Commission invites the written views of the Exchange Act, which require that disincentives such as placing an interested persons concerning whether the rules of a national securities inappropriate burden on competition the Proposed Amendment is consistent exchange ‘‘provide for the equitable and a reduction in market quality;’’ 420 with Section 11A or any other provision allocation of reasonable dues, fees, and • Whether, and if so how, the of the Exchange Act, or the rules and other charges among its members and Proposed Amendment would affect regulations thereunder. Although there issuers and other persons using its efficiency, competition or capital do not appear to be any issues relevant facilities’’ and that the rules of a formation; and to approval or disapproval that would national securities association ‘‘provide • Whether modifications to the be facilitated by an oral presentation of for the equitable allocation of reasonable Proposed Amendment, or conditions to views, data, and arguments, the dues, fees, and other charges among its approval, would be necessary or Commission will consider, pursuant to members and issuers and other persons appropriate in the public interest, for Rule 608(b)(2)(i) of Regulation NMS,425 using any facility or system which the the protection of investors and the any request for an opportunity to make association operates or controls;’’ an oral presentation.426 The • Whether the Participants have maintenance of fair and orderly markets, Commission asks that commenters demonstrated how the Proposed to remove impediments to, and perfect address the sufficiency and merit of the Amendment is consistent with Section the mechanisms of, a national market Participants’ statements in support of 6(b)(5) 413 and Section 15A(b)(6),414 of system, or otherwise in furtherance of 421 the Proposed Amendment,427 in the Exchange Act, which require that the purposes of the Exchange Act. addition to any other comments they the rules of a national securities As discussed in Section IV., above, exchange or national securities the Participants made various arguments in support of the Proposed 422 17 CFR 201.701(b)(3)(ii). 423 Id. 406 17 CFR 242.608(b)(2). Amendment and the Commission 424 Id. 407 Id. 425 17 CFR 242.608(b)(2)(i). 408 See Notice, supra note 4. 415 15 U.S.C. 78f(b)(8). 426 Rule 700(c)(ii) of the Commission’s Rules of 409 416 15 U.S.C. 78o–3(b)(9). 17 CFR 242.608(b)(2)(i). Practice provides that ‘‘[t]he Commission, in its sole 410 417 17 CFR 242.608(b)(2). Section 11.2(a) of the CAT NMS Plan. discretion, may determine whether any issues 411 15 U.S.C. 78f(b)(4). 418 Section 11.2(b) of the CAT NMS Plan. relevant to approval or disapproval would be 412 15 U.S.C. 78o–3(b)(5). 419 Section 11.2(d) of the CAT NMS Plan. facilitated by the opportunity for an oral 413 15 U.S.C. 78f(b)(5). 420 Section 11.2(e) of the CAT NMS Plan. presentation of views.’’ 17 CFR 201.700(c)(ii). 414 15 U.S.C. 78o–3(b)(6). 421 17 CFR 242.608(b)(2). 427 See Notice, supra note 4.

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may wish to submit about the proposed inappropriate burden on competition seek, among other things, ‘‘to create rule changes. In particular, the and a reduction in market quality;’’ 430 transparent, predictable revenue streams Commission seeks comment on the 7. Commenters’ views on why for the Company that are aligned with following: Industry Member CAT fees should be the anticipated costs to build, operate capped; views on how such a cap would and administer the CAT and the other A. Requests for Comment on the benefit or harm efficiency, competition, costs of the Company,’’ 434 ‘‘to establish Proposed Funding Model and capital formation; and any views on an allocation of the Company’s related 1. Commenters’ views on the whether there are other benefits or costs costs among Participants and Industry proposed inclusion of ATSs as Industry of adopting such an approach; Members that is consistent with the Members for purposes of allocating CAT 8. Commenters’ views on the Exchange Act taking into account . . . costs; proposed Minimum Participant Fee and distinctions in the securities trading 2. Commenters’ views on the the Maximum Equities Participant Fee, operations of Participants and Industry exclusion of reported OTC Equity including views on the calculation of Members and their relative impact upon Securities share volume from the the proposed fees and any views on the Company resources and calculation of market share for national whether the proposed fees raise any operations,’’ 435 and ‘‘to avoid any securities associations; competitive issues among the disincentives such as placing an 3. Commenters’ views on the Participants; and any views on whether inappropriate burden on competition proposed elimination of tiered fees in the proposed fees are consistent with and a reduction in market quality;’’ 436 favor of CAT fees that may vary based the funding principles expressed in the 12. Commenters’ views on how on message traffic or market share, as CAT NMS Plan, which state that the market-making activity should be applicable; Operating Committee shall seek, among defined for purposes of the proposed 4. Commenters’ views on the other things, ‘‘to create transparent, market maker discounts; views on proposed elimination from Section predictable revenue streams for the whether there is activity included in the 11.2(c) of the CAT NMS Plan of the Company that are aligned with the definition of market making that should requirement that the fees charged to anticipated costs to build, operate and not be included for purposes of CAT Reporters with the most CAT- administer the CAT and the other costs allocation of CAT fees; and any views related activity be generally comparable; of the Company;’’ 431 ‘‘to establish an on whether such a discount should 5. Commenters’ views on the allocation of the Company’s related apply to market-making activities in all proposed Minimum Industry Member costs among Participants and Industry types of securities without regard to CAT Fee and the requirement that all Members that is consistent with the security characteristics; Industry Members pay such fee, even if Exchange Act taking into account . . . 13. Commenters’ views on whether they have not yet started reporting to the distinctions in the securities trading other Industry Members (including CAT, and any views on whether the operations of Participants and Industry those that do not transact in options) Proposed Funding Model has provided Members and their relative impact upon would subsidize the activity of Options sufficient information on the operation the Company resources and Market Makers under the proposal; any of the fee and on whether the Proposed operations;’’ 432 and ‘‘to avoid any views on whether Section 6.4(d)(iii) 437 Funding Model has sufficiently disincentives such as placing an of the CAT NMS Plan effectively explained the operation of the inappropriate burden on competition reduces the message traffic of Options Minimum Industry Member CAT Fee and a reduction in market quality;’’ 433 Market Makers relative to what it would Re-Allocation; 9. Commenters’ views on whether be otherwise, and thus ultimately 6. Commenters’ views on the FINRA’s CAT fee should be capped; any reduce the CAT fees they would be proposed Maximum Industry Member views on how such a cap benefits or assigned under the Participants’ CAT Fee; any views on whether the harms efficiency, competition, and proposal; views on how this Proposed Amendment contains capital formation; and any views on subsidization would benefit or harm sufficient justification for the 8% cap whether there are other benefits or costs efficiency, competition, and capital chosen for the fee; and any views on of adopting such an approach; formation; views on whether there are whether a maximum fee is consistent 10. Commenters’ views on why other benefits or costs of adopting such with the funding principles expressed Participants should be charged the an approach; views (in detail) on in the CAT NMS Plan that states that the Minimum Participant Fee; views on whether there is an alternative approach Operating Committee shall seek, among how such a minimum would benefit or other things, ‘‘to create transparent, harm efficiency, competition, and 434 Section 11.2(a) of the CAT NMS Plan. 435 predictable revenue streams for the capital formation; and any views on Section 11.2(b) of the CAT NMS Plan. 436 Section 11.2(e) of the CAT NMS Plan. Company that are aligned with the whether there are other benefits or costs anticipated costs to build, operate and 437 Section 6.4(d)(iii) of the CAT NMS Plan states, of adopting such an approach; ‘‘With respect to the reporting obligations of an administer the CAT and the other costs 11. Commenters’ views on the Options Market Maker with regard to its quotes in of the Company,’’ 428 ‘‘to establish an proposed market maker discounts, any Listed Options, Reportable Events required allocation of the Company’s related views on the potential impact of the pursuant to Section 6.3(d)(ii) and (iv) shall be costs among Participants and Industry reported to the Central Repository by an Options discounts on market participant Exchange in lieu of the reporting of such Members that is consistent with the behavior, including the provision of information by the Options Market Maker. Each Exchange Act taking into account . . . liquidity; and any views on whether the Participant that is an Options Exchange shall, distinctions in the securities trading proposed market maker discounts are through its Compliance Rule, require its Industry operations of Participants and Industry Members that are Options Market Makers to report consistent with the funding principles to the Options Exchange the time at which a quote Members and their relative impact upon expressed in the CAT NMS Plan, which in a Listed Option is sent to the Options Exchange the Company resources and state that the Operating Committee shall (and, if applicable, any subsequent quote operations,’’ 429 and ‘‘to avoid any modifications and/or cancellation time when such modification or cancellation is originated by the disincentives such as placing an 430 Section 11.2(e) of the CAT NMS Plan. Options Market Maker). Such time information also 431 Section 11.2(a) of the CAT NMS Plan. shall be reported to the Central Repository by the 428 Section 11.2(a) of the CAT NMS Plan. 432 Section 11.2(b) of the CAT NMS Plan. Options Exchange in lieu of reporting by the 429 Section 11.2(b) of the CAT NMS Plan. 433 Section 11.2(e) of the CAT NMS Plan. Options Market Maker.’’

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that would be more beneficial to the Participants’ proposal mitigate any Members by proportion of aggregate efficiency, competition, or capital benefits or costs and to what extent; message traffic, then allocate the formation; and any views on whether 4. Commenters’ views on potential Participants’ portion of fees across the discount to fees allocated to alternative allocations of Total CAT Participants by market share, with or Industry Members for market making Costs to Industry Members and without the proposed 60%–40% split activity described in the Participants’ Participants, including the allocations between Equities and Options proposal provide a similar magnitude of considered, but rejected, by the Participants; any views on whether this benefit to Equity Market Makers; Participants, and the alternative would benefit or harm efficiency, allocations suggested by commenters as competition and capital formation when B. Requests for Comment on the discussed in this order; compared to the Participants’ proposal; Proposed Fee Schedule 5. Commenters’ views on how fees and any views on whether there are 1. Commenters’ views on the would be passed on to Industry other benefits or costs of adopting such determination to allocate 75% of the Members and investors if all CAT costs an approach; were allocated to Participants; views on Total CAT Costs to Industry Members 11. Commenters’ views on whether how this outcome would be different and 25% of the Total CAT Costs to elements of the Participants’ proposal than under the Participants’ proposal; Participants; and any views on whether entail cross-subsidization of activities views on whether such an approach this proposed allocation is consistent (for example: Allocating 60% of would benefit or harm efficiency, with the funding principles expressed Participants’ fees to Equities competition, and capital formation; and in the CAT NMS Plan, which state that Participants and 40% to Options any views on whether there are other the Operating Committee shall seek, Participants is unlikely to reflect these benefits or costs of adopting such an among other things, ‘‘to establish an groups’ relative message traffic; and approach; allocation of the Company’s related discounting fees associated with 6. Commenters’ views on whether costs among Participants and Industry message traffic for market-making Industry Members have sufficient Members that is consistent with the activities based on quote/trade ratios information to estimate and budget for Exchange Act taking into account . . . reduces fees paid by Industry Members their expected allocation of CAT fees distinctions in the securities trading who are market makers); any views on each quarter; if not, any views on what operations of Participants and Industry how these cross-subsidizations benefit additional information would Industry Members and their relative impact upon or harm efficiency, competition, and Members need to develop an estimate of the Company resources and capital formation; and any views on these fees; operations,’’ 438 and ‘‘to avoid any whether there are other benefits or costs disincentives such as placing an 7. Commenters’ views on whether a Section 31 fee-like cost allocation of adopting such an approach; inappropriate burden on competition 12. Commenters’ views on whether and a reduction in market quality;’’ 439 framework (i.e., a transaction-based fee framework) would benefit or harm the lack of Industry Member 2. Commenters’ views on the rationale efficiency, competition, and capital participation on the Operating provided that the proposed 75%–25% formation, and any views on whether Committee prevents the Participants allocation ensures that Industry there are other benefits or costs of from arriving at an equitable allocation Members with the most message traffic adopting such an approach; of CAT fees between Participants and pay comparable fees to Participant 8. Commenters’ views on the Industry Members, and across members complexes with the most market share, calculation of the Participant Allocation of those groups; considering the proposed deletion from and the Adjusted Participant Allocation; 13. Commenters’ views on how any Section 11.2(c) of the CAT NMS Plan of 9. Commenters’ views on the inherent conflicts of interest may be the requirement that the fees charged to determination to allocate 60% of the addressed in the proposal; CAT Reporters with the most CAT- Adjusted Participant Allocation to 14. Commenters’ views on how related activity be generally comparable; Equities Participants and 40% to 3. Commenters’ views on whether allowing the Operating Committee to Options Participants, including views determine by vote how Participant fees allocating Participant fees by market on whether the proposed allocation is share while allocating Industry Member are allocated across Participants would consistent with the funding principles benefit or harm efficiency, competition, fees by message traffic, when combined expressed in the CAT NMS Plan that with the proposed 75%–25% split and capital formation, assuming that state that the Operating Committee shall some proportion of CAT fees are to be between Participants and Industry seek, among other things, ‘‘to establish Member aggregate fees, introduces allocated to Participants as a group; and an allocation of the Company’s related any views on whether there are other frictions (such as effectively double costs among Participants and Industry counting the message traffic sent and benefits or costs of adopting such an Members that is consistent with the approach; received by Industry Members, into the Exchange Act taking into account . . . CAT fee model due to FINRA’s distinctions in the securities trading 15. Commenters’ views on the allocation of fees from trade volume operations of Participants and Industry proposed quarterly Participant CAT fee, reported to trade reporting facilities); Members and their relative impact upon including views on its calculation; any views on how frictions would result; the Company resources and views on whether the proposed fee any views on how this would benefit or operations,’’ 440 and ‘‘to avoid any raises any competitive issues; and any harm efficiency, competition, and disincentives such as placing an views on whether the proposed fee is capital formation; any views on whether inappropriate burden on competition consistent with the funding principles there are other benefits or costs of and a reduction in market quality;’’ 441 expressed in the CAT NMS Plan, which adopting such an approach; and any 10. Commenters’ views on an state that the Operating Committee shall views on whether capping FINRA’s alternative approach that would split seek, among other things, ‘‘to create contribution to CAT fees as described in costs between Participants and Industry transparent, predictable revenue streams for the Company that are aligned with 438 Section 11.2(b) of the CAT NMS Plan. 440 Section 11.2(b) of the CAT NMS Plan. the anticipated costs to build, operate 439 Section 11.2(e) of the CAT NMS Plan. 441 Section 11.2(e) of the CAT NMS Plan. and administer the CAT and the other

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costs of the Company;’’ 442 ‘‘to establish Commission, and all written U.S. Small Business Administration, an allocation of the Company’s related communications relating to the 409 3rd Street SW, Suite 6050, costs among Participants and Industry proposed rule change between the Washington, DC 20416, (202) 205–6734. Members that is consistent with the Commission and any person, other than SUPPLEMENTARY INFORMATION: Notice is Exchange Act taking into account . . . those that may be withheld from the hereby given that as a result of the distinctions in the securities trading public in accordance with the Administrator’s disaster declaration, operations of Participants and Industry provisions of 5 U.S.C. 552, will be applications for disaster loans may be Members and their relative impact upon available for website viewing and filed at the address listed above or other the Company resources and printing in the Commission’s Public locally announced locations. operations;’’ 443 and ‘‘to avoid any Reference Room, 100 F Street NE, The following areas have been disincentives such as placing an Washington, DC 20549 on official determined to be adversely affected by inappropriate burden on competition business days between the hours of the disaster: 444 and a reduction in market quality;’’ 10:00 a.m. and 3:00 p.m. Copies of the Primary Counties: Coweta. and filing also will be available for Contiguous Counties: 16. Commenters’ views on the inspection and copying at the Georgia: Carroll, Fayette, Fulton, decision to use total budgeted costs for Participants’ principal offices. All Heard, Meriwether, Spalding, the CAT for the relevant year as the comments received will be posted Troup. Total CAT Costs for calculating fees for without change. Persons submitting The Interest Rates are: Participants and Industry Members, comments are cautioned that we do not rather than costs already incurred; redact or edit personal identifying Percent views on the statement that the total information from comment submissions. budgeted costs for the CAT may be You should submit only information For Physical Damage: adjusted on a quarterly basis by the that you wish to make available Homeowners with Credit Avail- Operating Committee; and views on the publicly. All submissions should refer able Elsewhere ...... 2.500 treatment of any surpluses. to File Number 4–698 and should be Homeowners without Credit The Commission also requests that submitted on or before August 16, 2021. Available Elsewhere ...... 1.250 commenters provide analysis to support Businesses with Credit Avail- For the Commission, by the Division of able Elsewhere ...... 6.000 their views, if possible. Trading and Markets, pursuant to delegated Businesses without Credit Interested persons are invited to authority.445 Available Elsewhere ...... 3.000 submit written data, views, and J. Matthew DeLesDernier, Non-Profit Organizations with arguments regarding whether the Assistant Secretary. Credit Available Elsewhere ... 2.000 proposals should be approved or Non-Profit Organizations with- disapproved by August 16, 2021. Any [FR Doc. 2021–15810 Filed 7–23–21; 8:45 am] out Credit Available Else- person who wishes to file a rebuttal to BILLING CODE 8011–01–P where ...... 2.000 any other person’s submission must file For Economic Injury: that rebuttal by August 30, 2021. Businesses & Small Agricultural Comments may be submitted by any of SMALL BUSINESS ADMINISTRATION Cooperatives without Credit Available Elsewhere ...... 3.000 the following methods: [Disaster Declaration #17041 and #17042; Non-Profit Organizations with- Electronic Comments Georgia Disaster Number GA–00124] out Credit Available Else- where ...... 2.000 • Use the Commission’s internet Administrative Declaration of a comment form (http://www.sec.gov/ Disaster for the State of Georgia The number assigned to this disaster rules/sro.shtml); or for physical damage is 17041 C and for • Send an email to rule-comments@ AGENCY: U.S. Small Business Administration. economic injury is 17042 0. sec.gov. Please include File Number The State which received an EIDL ACTION: 4–698 on the subject line. Notice. Declaration # is Georgia. Paper Comments SUMMARY: This is a notice of an (Catalog of Federal Domestic Assistance • Send paper comments in triplicate Administrative declaration of a disaster Number 59008) for the State of Georgia dated to: Secretary, Securities and Exchange Isabella Guzman, Commission, 100 F Street NE, 07/20/2021. Incident: Severe Storms and Administrator. Washington, DC 20549–1090. [FR Doc. 2021–15829 Filed 7–23–21; 8:45 am] All submissions should refer to File Tornadoes. Incident Period: 03/25/2021 through BILLING CODE 8026–03–P Number 4–698. This file number should 03/26/2021. be included on the subject line if email DATES: Issued on 07/20/2021. is used. To help the Commission DEPARTMENT OF TRANSPORTATION process and review your comments Physical Loan Application Deadline more efficiently, please use only one Date: 09/20/2021. Economic Injury (EIDL) Loan Federal Aviation Administration method. The Commission will post all Application Deadline Date: 04/20/2022. comments on the Commission’s internet [Summary Notice No. 2021–2074] website (http://www.sec.gov/rules/ ADDRESSES: Submit completed loan Petition for Exemption; Summary of sro.shtml). Copies of the submission, all applications to: U.S. Small Business Petition Received; Joshua Aaron subsequent amendments, all written Administration, Processing and Alameda statements with respect to the proposed Disbursement Center, 14925 Kingsport rule change that are filed with the Road, Fort Worth, TX 76155. AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: A. Administration (FAA), Department of 442 Section 11.2(a) of the CAT NMS Plan. Escobar, Office of Disaster Assistance, Transportation (DOT). 443 Section 11.2(b) of the CAT NMS Plan. ACTION: Notice. 444 Section 11.2(e) of the CAT NMS Plan. 445 17 CFR 200.30–3(a)(85).

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SUMMARY: This notice contains a Issued in Washington, DC. Transportation, 1200 New Jersey summary of a petition seeking relief Timothy R. Adams, Avenue SE, West Building, Ground from specified requirements of Federal Acting Executive Director, Office of Floor, Room W12–140, Washington, DC Aviation Regulations. The purpose of Rulemaking. 20590–0001, between 9 a.m. and 5 p.m., this notice is to improve the public’s Monday through Friday, except Federal PETITION FOR EXEMPTION awareness of, and participation in, holidays. To be sure someone is there to FAA’s exemption process. Neither Docket No.: FAA–2021–0321. help you, please call (202) 366–9317 or publication of this notice nor the Petitioner: Joshua Aaron Alameda. (202) 366–9826 before visiting Dockets inclusion nor omission of information Section(s) of 14 CFR Affected: Operations. §§ 61.65 and 61.73. in the summary is intended to affect the • Fax: (202) 493–2251. legal status of the petition or its final Description of Relief Sought: The disposition. petitioner seeks exemption from title 14, FOR FURTHER INFORMATION CONTACT: Mr. Code of Federal Regulations 61.65 Jose´ R. Cestero, Vehicle and Roadside DATES: Comments on this petition must Instrument rating requirements, and Operations Division, Office of Carrier, identify the petition docket number and 61.73 Military pilots or former military Driver, and Vehicle Safety, MC–PSV, must be received on or before August pilots: Special rules, for the purpose of (202) 366–5541, Federal Motor Carrier 16, 2021. obtaining an instrument rating added to Safety Administration, 1200 New Jersey ADDRESSES: Send comments identified the petitioner’s commercial pilot Avenue SE, Washington, DC 20590– by docket number FAA–2021–0321 certificate with rotorcraft-helicopter 0001. If you have questions on viewing using any of the following methods: rating. Specifically, the petitioner seeks or submitting material to the docket, call • Federal eRulemaking Portal: Go to to obtain a rotorcraft instrument rating Dockets Operations at (202) 366–9826. http://www.regulations.gov and follow based on experience acquired during the the online instructions for sending your petitioner’s participation in a military SUPPLEMENTARY INFORMATION: comments electronically. undergraduate pilot training program. I. Public Participation and Request for • Mail: Send comments to Docket [FR Doc. 2021–15837 Filed 7–23–21; 8:45 am] Comments Operations, M–30; U.S. Department of BILLING CODE 4910–13–P Transportation, 1200 New Jersey FMCSA encourages you to participate Avenue SE, Room W12–140, West by submitting comments and related Building Ground Floor, Washington, DC DEPARTMENT OF TRANSPORTATION materials. 20590–0001. Submitting Comments • Hand Delivery or Courier: Take Federal Motor Carrier Safety comments to Docket Operations in Administration If you submit a comment, please Room W12–140 of the West Building [Docket No. FMCSA–2021–0098] include the docket number for this Ground Floor at 1200 New Jersey notice (FMCSA 2021–0098), indicate the Avenue SE, Washington, DC 20590– Parts and Accessories Necessary for specific section of this document to 0001, between 9 a.m. and 5 p.m., Safe Operation; Application for an which the comment applies, and Monday through Friday, except Federal Exemption From EROAD Inc. provide a reason for each suggestion or holidays. recommendation. You may submit your • Fax: Fax comments to Docket AGENCY: Federal Motor Carrier Safety comments and material online or by fax, Operations at (202) 493–2251. Administration (FMCSA), DOT. mail, or hand delivery, but please use Privacy: In accordance with 5 U.S.C. ACTION: Notice of application for only one of these means. FMCSA 553(c), DOT solicits comments from the exemption; request for comments. recommends that you include your public to better inform its rulemaking name and a mailing address, an email SUMMARY: process. DOT posts these comments, FMCSA requests public address, or a phone number in the body without edit, including any personal comment on an application for of your document so FMCSA can information the commenter provides, to exemption from EROAD Inc. (EROAD) contact you if there are questions http://www.regulations.gov, as to allow its Dashcam system, which is regarding your submission. described in the system of records equipped with cameras, to be mounted To submit your comment online, go to notice (DOT/ALL–14 FDMS), which can lower in the windshield on commercial www.regulations.gov/ be reviewed at http://www.dot.gov/ motor vehicles than is currently #!docketDetail;D=FMCSA-2021-0098, privacy. permitted. Docket: Background documents or click on the ‘‘Comment Now!’’ button DATES: Comments must be received on and type your comment into the text comments received may be read at or before August 25, 2021. http://www.regulations.gov at any time. box on the following screen. Choose ADDRESSES: You may submit comments whether you are submitting your Follow the online instructions for identified by Docket Number FMCSA– accessing the docket or go to the Docket comment as an individual or on behalf 2021–0098 using any of the following of a third party and then submit. Operations in Room W12–140 of the methods: West Building Ground Floor at 1200 • Federal eRulemaking Portal: Go to If you submit your comments by mail New Jersey Avenue SE, Washington, DC or hand delivery, submit them in an http://www.regulations.gov/ 1 20590–0001, between 9 a.m. and 5 p.m., #!docketDetail;D=FMCSA-2021-0098. unbound format, no larger than 8 ⁄2 by Monday through Friday, except Federal Follow the online instructions for 11 inches, suitable for copying and holidays. submitting comments. electronic filing. If you submit FOR FURTHER INFORMATION CONTACT: • Mail: Docket Operations, U.S. comments by mail and would like to Tiffany Jackson (202–267–3796), Office Department of Transportation, 1200 know that they reached the facility, of Rulemaking, Federal Aviation New Jersey Avenue SE, West Building, please enclose a stamped, self-addressed Administration, 800 Independence Ground Floor, Room W12–140, postcard or envelope. Avenue SW, Washington, DC 20591. Washington, DC 20590–0001. FMCSA will consider all comments This notice is published pursuant to • Hand Delivery or Courier: Dockets and material received during the 14 CFR 11.85. Operations, U.S. Department of comment period.

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Viewing Comments and Documents conditions of the exemption. The regulations contained at 49 CFR To view comments, as well as any exemption may be renewed (49 CFR 236.566, Locomotive of each train documents mentioned in this preamble 381.315(c) and 49 CFR 381.300(b)). operating in train stop, train control or cab signal territory; equipped. FRA as being available in the docket, go to EROAD’s Application for Exemption http://www.regulations.gov/ assigned the petition Docket Number The FMCSRs require devices meeting FRA–2021–0075. #!docketDetail;D=FMCSA-2021-0098 the definition of ‘‘vehicle safety UP seeks relief from the requirements and choose the document to review. If technology’’ to be mounted (1) not more of 49 CFR 236.566 to operate you do not have access to the internet, than 4 inches below the upper edge of locomotives not equipped with you may view the docket online by the area swept by the windshield automatic train control (ATC) in two visiting Dockets Operations in Room wipers, or (2) not more than 7 inches locations: The Omaha Subdivision W12–140 on the ground floor of the above the lower edge of the area swept between control point (CP) B328 and CP DOT West Building, 1200 New Jersey by the windshield wipers, and outside B349 and the Blair Subdivision between Avenue SE, Washington, DC 20590– the driver’s sight lines to the road and CP B328 and mile post (MP) 328.3. UP 0001, between 9 a.m. and 5 p.m., highway signs and signals. EROAD has states that trains that pass through these Monday through Friday, except Federal applied for an exemption from 49 CFR locations otherwise operate on non-ATC holidays. To be sure someone is there to 393.60(e)(1) to allow its Dashcam territory, and to comply with § 236.566 help you, please call (202) 366–9317 or system, which is equipped with in these two locations, new locomotives (202) 366–9826 before visiting Docket camera(s) and safety technologies, to be with the correct signal equipment Operations. mounted lower in the windshield than would need to be brought onto trains Privacy Act is currently permitted. A copy of the passing through. UP further states that this request would not have an adverse DOT solicits comments from the exemption application is included in effect on safety, as the use of wayside public to better inform its regulatory the docket referenced at the beginning signals governs movement in the subject processes, in accordance with statute 49 of this notice. locations. U.S.C. 31315(b)(6)(A). DOT posts these Request for Comments A copy of the petition, as well as any comments, without edit, including any In accordance with 49 U.S.C. written communications concerning the personal information the commenter 31315(b)(6), FMCSA requests public petition, is available for review online at provides, to www.regulations.gov, as comment from all interested persons on www.regulations.gov. described in the system of records EROAD’s application for an exemption. Interested parties are invited to notice (DOT/ALL 14—Federal Docket All comments received before the close participate in these proceedings by Management System), which can be of business on the comment closing date submitting written views, data, or reviewed at www.transportation.gov/ indicated at the beginning of this notice comments. FRA does not anticipate privacy. will be considered and will be available scheduling a public hearing in II. Legal Basis for examination in the docket at the connection with these proceedings since the facts do not appear to warrant a FMCSA has authority under 49 U.S.C. location listed under the ADDRESSES section of this notice. Comments hearing. If any interested party desires 31315(b) to grant exemptions from an opportunity for oral comment and a certain parts of the Federal Motor received after the comment closing date will be filed in the public docket and public hearing, they should notify FRA, Carrier Safety Regulations (FMCSRs). in writing, before the end of the FMCSA must publish a notice of each will be considered to the extent practicable. In addition to late comment period and specify the basis exemption request in the Federal for their request. Register (49 CFR 381.315(a)). The comments, FMCSA will also continue to file, in the public docket, relevant All communications concerning these Agency must provide the public an proceedings should identify the opportunity to inspect the information information that becomes available after the comment closing date. Interested appropriate docket number and may be relevant to the application, including submitted by any of the following any safety analyses that have been persons should continue to examine the public docket for new material. methods: conducted. The Agency must also • Website: http:// provide an opportunity for public Larry W. Minor, www.regulations.gov. Follow the online comment on the request. The Agency Associate Administrator for Policy. instructions for submitting comments. reviews the safety analyses and the [FR Doc. 2021–15872 Filed 7–23–21; 8:45 am] • Fax: 202–493–2251. • public comments and determines BILLING CODE 4910–EX–P Mail: Docket Operations Facility, whether granting the exemption would U.S. Department of Transportation likely achieve a level of safety (DOT), 1200 New Jersey Ave. SE, W12– equivalent to or greater than the level DEPARTMENT OF TRANSPORTATION 140, Washington, DC 20590. that would be achieved by the current Communications received by regulation (49 CFR 381.305). The Federal Railroad Administration September 9, 2021 will be considered by decision of the Agency must be FRA before final action is taken. published in the Federal Register (49 [Docket Number FRA–2021–0075] Comments received after that date will CFR 381.315(b)). If the Agency denies Petition for Waiver of Compliance be considered if practicable. Anyone the request, it must state the reason for can search the electronic form of any doing so. If the decision is to grant the Under part 211 of title 49 Code of written communications and comments exemption, the notice must specify the Federal Regulations (CFR), this received into any of our dockets by the person or class of persons receiving the document provides the public notice name of the individual submitting the exemption and the regulatory provision that on June 29, 2021, Union Pacific comment (or signing the document, if or provisions from which an exemption Railroad Company (UP) petitioned the submitted on behalf of an association, is granted. The notice must specify the Federal Railroad Administration (FRA) business, labor union, etc.). Under 5 effective period of the exemption (up to for a waiver of compliance from certain U.S.C. 553(c), DOT solicits comments 5 years) and explain the terms and provisions of the Federal railroad safety from the public to better inform its

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processes. DOT posts these comments, of Surety Companies Reporting to the ACTION: Notice and request for without edit, including any personal Treasury (A) and the Annual Letter to comments. information the commenter provides, to Executive Officers of Companies www.regulations.gov, as described in Recognized by the Treasury as Admitted SUMMARY: The Internal Revenue Service the system of records notice (DOT/ALL– Reinsurers of Surety Companies Doing (IRS), as part of its continuing effort to 14 FDMS), which can be reviewed at Business with the United States reduce paperwork and respondent https://www.transportation.gov/privacy. Government (B). The Secretary of the burden, invites the general public and See also https://www.regulations.gov/ Treasury has been given authority other Federal agencies to take this privacy-notice for the privacy notice of pursuant to 31 U.S.C., 9304–9308 to opportunity to comment on information regulations.gov. certify insurance companies wishing to collections, as required by the write or reinsure federal surety bonds. Paperwork Reduction Act of 1995. The Issued in Washington, DC. IRS is soliciting comments concerning John Karl Alexy, The authority has been further codified at 31 CFR, Part 223.9 which specifies Annual Summary and Transmittal of Associate Administrator for Railroad Safety, U.S. Information Returns. Chief Safety Officer. guidelines applicable to companies seeking certification while Part 223.12 DATES: Written comments should be [FR Doc. 2021–15834 Filed 7–23–21; 8:45 am] specifies requirements applicable to received on or before September 24, BILLING CODE 4910–06–P companies seeking recognition as an 2021 to be assured of consideration. Admitted Reinsurer. ADDRESSES: Direct all written comments Current Actions: Extension of a to Kinna Brewington, Internal Revenue DEPARTMENT OF THE TREASURY currently approved collection. Service, Room 6526, 1111 Constitution Type of Review: Regular. Avenue NW, Washington, DC 20224. Fiscal Service Affected Public: Business or other for- FOR FURTHER INFORMATION CONTACT: profit. Proposed Collection of Information: Requests for additional information or Estimated Number of Respondents: Annual Letters—Certificates of copies of the form and instructions 341. Authority (A) and Admitted Reinsurer Estimated Time per Respondent: should be directed to Martha R. Brinson, (B) 18.75 hours. at (202) 317–5753, or at Internal Estimated Total Annual Burden Revenue Service, Room 6526, 1111 ACTION: Notice and request for Hours: 6,394. Constitution Avenue NW, Washington, comments. Request for Comments: Comments DC 20224, or through the internet at [email protected]. SUMMARY: The Department of the submitted in response to this notice will Treasury, as part of its continuing effort be summarized and/or included in the SUPPLEMENTARY INFORMATION: to reduce paperwork and respondent request for OMB approval. All Title: Annual Summary and burden, invites the general public and comments will become a matter of Transmittal of U.S. Information Returns. other Federal agencies to take this public record. Comments are invited on: OMB Number: 1545–0108. opportunity to comment on proposed 1. Whether the collection of information Form Number: 1096. and/or continuing information is necessary for the proper performance Abstract: Form 1096 is used to collections, as required by the of the functions of the agency, including transmit information returns (Forms Paperwork Reduction Act of 1995. whether the information shall have 1099, 1098, 5498, and W–2G) to the IRS Currently the Bureau of the Fiscal practical utility; 2. the accuracy of the service centers. Under Internal Revenue Service within the Department of the agency’s estimate of the burden of the Code section 6041 and related Treasury is soliciting comments collection of information; 3. ways to regulations, a separate Form 1096 is concerning Annual Letters—Certificates enhance the quality, utility, and clarity used for each type of return sent to the of Authority (A) and Admitted of the information to be collected; 4. service center by the payer. It is used by Reinsurer (B). ways to minimize the burden of the IRS to summarize, categorize, and process the forms being filed. DATES: Written comments should be collection of information on respondents, including through the use Current Actions: There are no changes received on or before September 24, being made to the form at this time. 2021 to be assured of consideration. of automated collection techniques or other forms of information technology; Type of Review: Extension of a ADDRESSES: Direct all written comments and 5. estimates of capital or start-up currently approved collection. and requests for additional information costs and costs of operation, Affected Public: Business or other for- to Bureau of the Fiscal Service, Bruce A. maintenance, and purchase of services profit organizations, individuals or Sharp, Room #4006–A, P.O. Box 1328, to provide information. households, not-for-profit institutions, Parkersburg, WV 26106–1328, or farms, Federal government, and State, [email protected]. Dated: July 20, 2021. local or tribal governments. SUPPLEMENTARY INFORMATION: Bruce A. Sharp, Estimated Number of Respondents: Title: Annual Letters—Certificates of Bureau PRA Clearance Officer. 5,640,300. Authority (A) and Admitted Reinsurer [FR Doc. 2021–15798 Filed 7–23–21; 8:45 am] Estimated Time per Respondent: 13.8 (B). BILLING CODE 4810–AS–P min. OMB Number: 1530–0014. Estimated Total Annual Burden Abstract: The information is collected Hours: 1,297,269. so that Treasury can make the DEPARTMENT OF THE TREASURY The following paragraph applies to all appropriate determinations as to the of the collections of information covered renewal of the Certificates of Authority Internal Revenue Service by this notice: of currently certified companies and the Proposed Collection; Comment An agency may not conduct or renewal of companies currently Request for Form 1096 sponsor, and a person is not required to recognized by Treasury as Admitted respond to, a collection of information Reinsurers. Included in the package is AGENCY: Internal Revenue Service (IRS), unless the collection of information the Annual Letter to Executive Officers Treasury. displays a valid OMB control number.

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Books or records relating to a collection (202)317–5753, or at Internal Revenue Approved: July 19, 2021. of information must be retained as long Service, Room 6526, 1111 Constitution Martha R. Brinson, as their contents may become material Avenue NW, Washington, DC 20224, or Tax Analyst. in the administration of any internal through the internet at [FR Doc. 2021–15802 Filed 7–23–21; 8:45 am] revenue law. Generally, tax returns and [email protected]. BILLING CODE 4830–01–P tax return information are confidential, SUPPLEMENTARY INFORMATION: as required by 26 U.S.C. 6103. Title: Special Valuation Rules. Request for Comments: Comments OMB Number: 1545–1241. DEPARTMENT OF THE TREASURY submitted in response to this notice will Regulation Project Number: TD 8395. be summarized and/or included in the Abstract: Section 2701 of the Internal Internal Revenue Service request for OMB approval. Comments Revenue Code allows various elections Proposed Collection; Comment will be of public record. Comments are by family members who make gifts of Request for Information Collection invited on: (a) Whether the collection of common stock or partnership interests Tools Relating to the Voluntary information is necessary for the proper and retain senior interest. This Disclosure Practice and the performance of the functions of the regulation provides guidance on how Streamlined Filing Compliance agency, including whether the taxpayers make these elections, what Procedures information has practical utility; (b) the information is required, and how the accuracy of the agency’s estimate of the transfer is to be disclosed on the gift tax AGENCY: Internal Revenue Service (IRS), burden of the collection of information; return (Form 709). Treasury. (c) ways to enhance the quality, utility, Current Actions: There are no changes ACTION: Notice; correction. and clarity of the information to be being made to the regulation at this collected; (d) ways to minimize the time. SUMMARY: The Internal Revenue Service burden of the collection of information Type of Review: Extension of a published a document in the Federal on or other forms of information currently approved collection. Register on July 7, 2021, concerning technology; and (e) estimates of capital Affected Public: Individuals or requests for comments on the forms or start-up costs and costs of operation, households. 14452, 14453, 14454, 14457, 14467, maintenance, and purchase of services Estimated Number of Respondents: 14653, 14654, and 14708. The document to provide information. 1,200. was inadvertently titled Offshore Approved: July 19, 2021. Estimated Time per Respondent: 25 Voluntary Disclosure Program (OVDP) Martha R. Brinson, mins. and included forms that have been discontinued. Forms 14452, 14453, Tax Analyst. Estimated Total Annual Burden 14454, 144657, and 14708 are obsolete [FR Doc. 2021–15786 Filed 7–23–21; 8:45 am] Hours: 496. The following paragraph applies to all and no longer in use. The correct title BILLING CODE 4830–01–P of the collections of information covered is now Voluntary Disclosure Practice by this notice: and the Streamlined Filing Compliance Procedures. DEPARTMENT OF THE TREASURY An agency may not conduct or sponsor, and a person is not required to DATES: Written comments should be Internal Revenue Service respond to, a collection of information received on or before September 24, unless the collection of information 2021 to be assured of consideration. Proposed Collection; Comment displays a valid OMB control number. ADDRESSES: Direct all written comments Request for Regulation Project Books or records relating to a collection to Kinna Brewington, Internal Revenue of information must be retained as long Service, Room 6526, 1111 Constitution AGENCY: Internal Revenue Service (IRS), as their contents may become material Avenue NW, Washington, DC 20224. Treasury. in the administration of any internal FOR FURTHER INFORMATION CONTACT: ACTION: Notice and request for revenue law. Generally, tax returns and Requests for additional information or comments. tax return information are confidential, copies of the form should be directed to as required by 26 U.S.C. 6103. SUMMARY: The Internal Revenue Service Kerry Dennis, at (202) 317–5751 or (IRS), as part of its continuing effort to Request for Comments: Comments Internal Revenue Service, Room 6526, reduce paperwork and respondent submitted in response to this notice will 1111 Constitution Avenue NW, burden, invites the general public and be summarized and/or included in the Washington, DC 20224, or through the other Federal agencies to take this request for OMB approval. Comments internet, at [email protected]. opportunity to comment on information will be of public record. Comments are SUPPLEMENTARY INFORMATION: collections, as required by the invited on: (a) Whether the collection of Title: Voluntary Disclosure Practice Paperwork Reduction Act of 1995. The information is necessary for the proper and the Streamlined Filing Compliance IRS is soliciting comments concerning performance of the functions of the Procedures. Special Valuation Rules. agency, including whether the OMB Number: 1545–2241. information has practical utility; (b) the Form Number(s): 14457, 14653, and DATES: Written comments should be accuracy of the agency’s estimate of the 14654. received on or before September 24, burden of the collection of information; Abstract: The IRS offers two very 2021 to be assured of consideration. (c) ways to enhance the quality, utility, different compliance paths to two very ADDRESSES: Direct all written comments and clarity of the information to be different populations of taxpayers. First, to Kinna Brewington, Internal Revenue collected; (d) ways to minimize the the Voluntary Disclosure Practice is a Service, Room 6526, 1111 Constitution burden of the collection of information longstanding practice of IRS Criminal Avenue NW, Washington, DC 20224. on or other forms of information Investigation (CI). CI takes timely, FOR FURTHER INFORMATION CONTACT: technology; and (e) estimates of capital accurate, and complete voluntary Requests for additional information or or start-up costs and costs of operation, disclosures under consideration when copies of the regulation should be maintenance, and purchase of services determining whether to recommend directed to Martha R. Brinson, at to provide information. criminal prosecution. A voluntary

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disclosure will not automatically Approved: July 14, 2021. Estimated Number of Responses: guarantee immunity from prosecution; Kerry L. Dennis, 2,909,026. however, a voluntary disclosure may Tax Analyst. Estimated Time per Response: 22 result in prosecution not being [FR Doc. 2021–15769 Filed 7–23–21; 8:45 am] mins. Estimated Total Annual Burden recommended. Form 14457 is used for BILLING CODE 4830–01–P all voluntary disclosures. Second, the Hours: 1,105,430. Streamlined Filing Compliance The following paragraph applies to all Procedures are available to eligible DEPARTMENT OF THE TREASURY of the collections of information covered taxpayers who can truthfully certify that by this notice: their failure to report foreign financial Internal Revenue Service An agency may not conduct or assets and pay all tax due in respect of sponsor, and a person is not required to those assets resulted from non-willful Proposed Collection; Comment respond to, a collection of information conduct. Forms 14653 and 14654 relate Request for Form 461 unless the collection of information displays a valid OMB control number. to the Streamlined Filing Compliance AGENCY: Internal Revenue Service (IRS), Procedures. Books or records relating to a Treasury. collection of information must be Current Actions: There is no change ACTION: Notice and request for retained as long as their contents may in the paperwork burden previously comments. become material in the administration approved by OMB procedure. of any internal revenue law. Generally, Type of Review: Extension of a SUMMARY: The Internal Revenue Service (IRS), as part of its continuing effort to tax returns and tax return information currently approved collection. are confidential, as required by 26 Affected Public: Individuals or reduce paperwork and respondent burden, invites the general public and U.S.C. 6103. Households. Request for Comments: Comments other Federal agencies to take this Estimated Number of Respondents: submitted in response to this notice will opportunity to comment on information 16,000. be summarized and/or included in the collections, as required by the request for OMB approval. Comments Estimated Time per Response: 25 Paperwork Reduction Act of 1995. The will be of public record. Comments are hours, 38 min. IRS is soliciting comments concerning invited on: (a) Whether the collection of Estimated Total Annual Burden Limitation on Business Losses. information is necessary for the proper Hours: 410,000. DATES: Written comments should be The following paragraph applies to all performance of the functions of the received on or before September 24, agency, including whether the the collections of information covered 2021 to be assured of consideration. by this notice. information has practical utility; (b) the ADDRESSES: Direct all written comments accuracy of the agency’s estimate of the An agency may not conduct or to Kinna Brewington, Internal Revenue burden of the collection of information; sponsor, and a person is not required to Service, Room 6526, 1111 Constitution (c) ways to enhance the quality, utility, respond to, a collection of information Avenue NW, Washington, DC 20224. and clarity of the information to be unless the collection of information FOR FURTHER INFORMATION CONTACT: collected; (d) ways to minimize the displays a valid OMB control number. Requests for additional information or burden of the collection of information Books or records relating to a collection copies of the form and instructions on or other forms of information of information must be retained if their should be directed to Martha R. Brinson, technology; and (e) estimates of capital contents may become material in the at (202) 317–5753, or at Internal or start-up costs and costs of operation, administration of any internal revenue Revenue Service, Room 6526, 1111 maintenance, and purchase of services law. Generally, tax returns and tax Constitution Avenue NW, Washington, to provide information. return information are confidential, as DC 20224, or through the internet at Approved: July 19, 2021. required by 26 U.S.C. 6103. [email protected]. Martha R. Brinson, Request for Comments: Comments SUPPLEMENTARY INFORMATION: Tax Analyst. submitted in response to this notice will Title: Limitation on Business Losses. be summarized and/or included in the OMB Number: 1545–2283. [FR Doc. 2021–15787 Filed 7–23–21; 8:45 am] request for OMB approval. All Form Number: 461. BILLING CODE 4830–01–P comments will become a matter of Abstract: Form 461 and its separate public record. Comments are invited on: instructions calculates the limitation on (a) Whether the collection of business losses, and the excess business DEPARTMENT OF THE TREASURY information is necessary for the proper losses that will be treated as net Agency Information Collection performance of the functions of the operating loss (NOL) carried forward to Activities; Submission for OMB agency, including whether the subsequent taxable years. In the case of Review; Comment Request; Fiscal information shall have practical utility; a partnership or S corporation, the Service Implementing Regulations for (b) the accuracy of the agency’s estimate provision applies at the partner or the Government Securities Act of 1986, of the burden of the collection of shareholder level. This form is used by as Amended information; (c) ways to enhance the noncorporate taxpayers and will be quality, utility, and clarity of the attached to a tax return (F1040, 1040NR, AGENCY: Departmental Offices, U.S. information to be collected; (d) ways to 1041, 1041–QFT, 1041–N, or 990–T). Department of the Treasury. minimize the burden of the collection of Current Actions: There are no changes ACTION: Notice. information on respondents, including being made to the form at this time. through the use of automated collection Type of Review: Extension of a SUMMARY: The Department of the techniques or other forms of information currently approved collection. Treasury will submit the following technology; and (e) estimates of capital Affected Public: Individuals or information collection requests to the or start-up costs and costs of operation, households, Business or other for-profit Office of Management and Budget maintenance, and purchase of services organization, and not-for-profit (OMB) for review and clearance in to provide information. institutions. accordance with the Paperwork

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Reduction Act of 1995, on or after the SUPPLEMENTARY INFORMATION: associated information collection are date of publication of this notice. The fundamental to customer protection and Fiscal Service (FS) public is invited to submit comments on dealer financial responsibility. these requests. Title: Government Securities Act of Form: G–FIN–4, G–FIN–5, G–405 Part DATES: Comments should be received on 1986, as amended. I, G–405 Part II, G–405 Part IIA, G–405 or before August 25, 2021 to be assured OMB Control Number: 1530–0064. Part III, G–405 Schedule I. of consideration. Type of Review: Extension without Affected Public: Business and for- ADDRESSES: Written comments and change of a currently approved profit institutions. recommendations for the proposed collection. Estimated Number of Respondents: information collection should be sent Description: The information 2,670. within 30 days of publication of this collection is contained within the notice to www.reginfo.gov/public/do/ regulations issued pursuant to the GSA, Frequency of Response: On Occasion. PRAMain. Find this particular which require government securities Estimated Total Number of Annual information collection by selecting brokers and dealers to make and keep Responses: 2,670. ‘‘Currently under 30-day Review—Open certain records concerning their Estimated Total Annual Burden for Public Comments’’ or by using the business activities and their holdings of Hours: 215,111 hours. search function. government securities, to submit Authority: 44 U.S.C. 3501 et seq. FOR FURTHER INFORMATION CONTACT: financial reports, and to make certain Copies of the submissions may be disclosures to investors. The regulations Dated: July 21, 2021. obtained from Molly Stasko by emailing also require depository institutions to Molly Stasko, [email protected], calling (202) 622– keep certain records of non-fiduciary Treasury PRA Clearance Officer. 8922, or viewing the entire information custodial holdings of government [FR Doc. 2021–15864 Filed 7–23–21; 8:45 am] collection request at www.reginfo.gov. securities. The regulations and BILLING CODE 4810–AS–P

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Reader Aids Federal Register Vol. 86, No. 140 Monday, July 26, 2021

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JULY

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. 592...... 37251 Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: 10 CFR The United States Government Manual 741–6000 10231...... 35385 50...... 38905 Other Services 10232...... 38207 52...... 34905 10233...... 38535 431...... 37001 Electronic and on-line services (voice) 741–6020 Administrative Orders: Privacy Act Compilation 741–6050 Proposed Rules: Memorandums: 2...... 39980 Memorandum of June 52...... 34999, 35023 ELECTRONIC RESEARCH 29, 2021 ...... 35383 171...... 39980 Memorandum of July 429...... 36018 World Wide Web 19, 2021 ...... 39939 430 ...... 35660, 35668, 37687, Full text of the daily Federal Register, CFR and other publications Notices: 38594 is located at: www.govinfo.gov. Notice of July 7, 431 ...... 36018, 37069, 37708 2021 ...... 36479, 36481 Federal Register information and research tools, including Public Notice of July 20, 12 CFR Inspection List and electronic text are located at: 2021 ...... 38901, 38903 204...... 38905 www.federalregister.gov. Executive Orders: 655...... 37671 702...... 34924 E-mail 14036...... 36987 1022...... 35595 FEDREGTOC (Daily Federal Register Table of Contents Electronic 5 CFR Ch. XII...... 36199 Mailing List) is an open e-mail service that provides subscribers 890...... 36872 Proposed Rules: with a digital form of the Federal Register Table of Contents. The 43...... 38607 digital form of the Federal Register Table of Contents includes 6 CFR 244...... 38607 HTML and PDF links to the full text of each document. Ch. I ...... 38209 373...... 38607 To join or leave, go to https://public.govdelivery.com/accounts/ 1234...... 38607 7 CFR USGPOOFR/subscriber/new, enter your email address, then 13 CFR follow the instructions to join, leave, or manage your 457...... 38537 121...... 38537 subscription. 925...... 37213 124...... 38537 PENS (Public Law Electronic Notification Service) is an e-mail 1218...... 37669 service that notifies subscribers of recently enacted laws. 1291...... 39941 14 CFR 1710...... 36193 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 1...... 39942 1714...... 36193 25...... 37013, 37015 and select Join or leave the list (or change settings); then follow 1717...... 36193 the instructions. 39 ...... 34933, 35217, 35387, 1718...... 36193 35599, 35601, 36061, 36064, FEDREGTOC and PENS are mailing lists only. We cannot 1721...... 36193 36202, 36205, 36207, 36483, respond to specific inquiries. 1726...... 36193 36485, 36487, 36491, 36633, Reference questions. Send questions and comments about the 1730...... 36193 36635, 36638, 37017, 37019, Federal Register system to: [email protected] 1767...... 36193 37219, 37221, 37224, 37226, Proposed Rules: The Federal Register staff cannot interpret specific documents or 37229, 37231, 37891, 38209, 986...... 35409 regulations. 38212, 38214, 38218, 38220, 1218...... 38590 38223, 38225, 38407, 38410, 8 CFR 38538, 38541, 38907, 38909, FEDERAL REGISTER PAGES AND DATE, JULY 38912, 38914, 39942 212...... 37670 34905–35216...... 1 61...... 36493, 39942 214...... 37670 35217–35382...... 2 71 ...... 34937, 35221, 36210, 245...... 37670 35383–35594...... 6 36212, 37234, 37235, 37238, 274a...... 37670 35595–36060...... 7 37672, 38229, 38916, 39918, Proposed Rules: 36061–36192...... 8 38919, 39949, 39952, 39953, 214...... 35410 39956, 39957, 39958 36193–36482...... 9 248...... 35410 95...... 37893 36483–36632...... 12 274a.12...... 35410 97 ...... 34938, 34941, 36641, 36633–36986...... 13 36642, 37897, 37899 36987–37212...... 14 9 CFR 101...... 39942 37213–37668...... 15 352...... 37216 107...... 39942 37669–37890...... 16 Proposed Rules: 141...... 36493 37891–38206...... 19 327...... 37251 Proposed Rules: 38207–38406...... 20 351...... 37251 39 ...... 35027, 35410, 35413, 38407–38536...... 21 354...... 37251 35416, 35690, 35692, 35695, 38537–38904...... 22 355...... 37251 35697, 36241, 36243, 36516, 38905–39938...... 23 381...... 37251 37087, 37255, 27258, 37936, 39939–40140...... 26 500...... 37251 38239, 38242, 38608, 38613,

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38615, 38941, 38943, 38946, Proposed Rules: Proposed Rules: 155...... 36071 38949, 38950, 39984 9...... 37260, 37265 1...... 35429 156...... 36872 71 ...... 35233, 35235, 35237, Proposed Rules: 28 CFR 38 CFR 35419, 35420, 37090, 37939, 147...... 35156 37941, 38245, 38419, 38617, 50...... 37674 Proposed Rules: 155...... 35156 38953, 38954, 39986 Proposed Rules 1...... 38958 156...... 35156 259...... 38420 16...... 38624, 38955 39 CFR 260...... 38420 46 CFR 29 CFR 111...... 35606 15 CFR Ch. I ...... 37238 1910...... 37038, 38232 233...... 38413 744 ...... 35389, 36496, 37901 2590...... 36872 Proposed Rules: 47 CFR 4000...... 36598 Ch. III ...... 36246 16 CFR 4262...... 36598 Ch. I ...... 37061 0...... 38542 Proposed Rules: 40 CFR 54...... 37058, 38570 1...... 38542 10...... 38816 51...... 37918 64...... 35632 323...... 37022 23...... 38816 52 ...... 35404, 35608, 35610, 73 ...... 34965, 35231, 37058, Proposed Rules: 1402...... 38627 36227, 36665, 37053, 37918, 37935, 38934, 38935, 38936, Ch. I ...... 35239 1910...... 36073 38562, 38928, 38931, 39978 38937 62...... 35406 74...... 37060 17 CFR 30 CFR 80...... 37681 Proposed Rules: Proposed Rules: 550...... 38557 81...... 37683 1...... 37972 246...... 38607 926...... 37039 180...... 36666, 37055 2...... 35700, 37982 228...... 38563 15 ...... 35046, 35700, 37982, 19 CFR 31 CFR Proposed Rules: 38969 Ch. I...... 38554, 38556 1...... 35396 52 ...... 35030, 35034, 35042, 73...... 37972, 37982 10...... 35566 589...... 37904, 37907 35244, 35247, 36673, 37942, 74...... 35046, 37982 102...... 35566 Proposed Rules: 38433, 38627, 38630, 38643, 90...... 35700, 37982 132...... 35566 33...... 35156 38652, 39988 95...... 35700, 37982 134...... 35566 520...... 35399 62...... 35044 145...... 38553 81...... 35254 48 CFR 32 CFR 163...... 35566 141...... 37948 204...... 36229 182...... 35566 169...... 37676 212...... 36229 190...... 35566 169a...... 37676 41 CFR 252...... 36229 Proposed Rules: 199...... 36213 Proposed Rules: 501...... 34966 102...... 35422 310...... 38560 51-1...... 38960 552...... 34966 177...... 35422 51-2...... 38960 570...... 34966 33 CFR 51-3...... 38960 20 CFR Proposed Rules: Ch. I ...... 37238 51-4...... 38960 615...... 35257 200...... 35221 100 ...... 35399, 35604, 37045, 51-5...... 38960 652...... 35257 295...... 34942 37239, 38233, 39959 51-6...... 38960 404...... 38920 117 ...... 35402, 39961, 39963 51-7...... 38960 49 CFR 416...... 38920 165 ...... 34958, 34960, 34961, 51-8...... 38960 34963, 34964, 35224, 35225, 51-9...... 38960 381...... 35633 21 CFR 35403, 36066, 36067, 36068, 51-10...... 38960 382...... 35633 573...... 37035, 37037 36070, 36646, 37047, 37049, 383...... 35633 1141...... 36509 37051, 37242, 37244, 37677, 42 CFR 384...... 35633, 38937 385...... 35633 1305...... 38230 37910, 37911, 37914, 37916, 414...... 38569 390...... 35633 1308...... 37672 38236, 38238, 38925, 38926 510...... 36229 391...... 35633 Proposed Rules: 207...... 37246 600...... 35615 Ch. XII...... 38209 1308...... 37719, 38619 210...... 35225 Proposed Rules: 214...... 35226 403...... 39104 Proposed Rules: 24 CFR 385...... 35443 273...... 37053 405...... 39104 393...... 35449 11...... 35391 274...... 37249 409...... 35874 92...... 34943 326...... 37246 410...... 39104 Proposed Rules: Proposed Rules: 411...... 39104 50 CFR 267...... 38607 100...... 35240, 37270 413...... 36322 17 ...... 34979, 38570, 38572 165...... 35242 414...... 39104 20...... 37854 25 CFR 415...... 39104 300...... 35653, 38415 48...... 34943 34 CFR 423...... 39104 622...... 38416 Ch. II...... 36217, 36220, 36222, 424...... 35874, 39104 635...... 36669 26 CFR 36510, 36648, 37679 425...... 39104 648...... 36671, 38586 54...... 36872 Ch. III...... 36656, 39965 484...... 35874 660...... 36237, 37249 Proposed Rules: 686...... 36070 488...... 35874 665...... 36239 1...... 39910 489...... 35874 679 ...... 36514, 38418, 38588 53...... 39910 36 CFR 498...... 35874 Proposed Rules: 54...... 36870, 39910 Proposed Rules: 512...... 36322 17 ...... 35708, 36678, 37091, 301...... 39910 7...... 37725 37410, 38246 45 CFR 218...... 37790 27 CFR 37 CFR 144...... 36872 635...... 38262 9...... 34952, 34955 1...... 35226, 35229 147...... 36872 648...... 36519 70...... 34957 2...... 35229 149...... 36872 665...... 37982

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Register but may be ordered 2021 (July 22, 2021; 135 Stat. listserv.gsa.gov/cgi-bin/ in ‘‘slip law’’ (individual 301) wa.exe?SUBED1=PUBLAWS- LIST OF PUBLIC LAWS pamphlet) form from the Last List July 8, 2021 L&A=1 Superintendent of Documents, This is a continuing list of U.S. Government Publishing public bills from the current Office, Washington, DC 20402 Note: This service is strictly session of Congress which (phone, 202–512–1808). The Public Laws Electronic for email notification of new have become Federal laws. text will also be made Notification Service laws. The text of laws is not This list is also available available at https:// (PENS) available through this service. online at https:// www.govinfo.gov. Some laws PENS cannot respond to www.archives.gov/federal- may not yet be available. specific inquiries sent to this register/laws. PENS is a free email H.R. 1652/P.L. 117–27 notification service of newly address. The text of laws is not VOCA Fix to Sustain the enacted public laws. To published in the Federal Crime Victims Fund Act of subscribe, go to https://

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