FEDERAL REGISTER

Vol. 86 Tuesday No. 74 April 20, 2021

Pages 20435–20614

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 86, No. 74

Tuesday, April 20, 2021

Agricultural Marketing Service Education Department NOTICES PROPOSED RULES 2021/2022 Rates Charged for AMS Services, 20476–20480 Proposed Priorities: United States Standards for Wheat, 20480–20481 Effective Educator Development Division Programs, 20471–20475 Agriculture Department See Agricultural Marketing Service Energy Department See National Agricultural Statistics Service See Federal Energy Regulatory Commission Air Force Department Environmental Protection Agency NOTICES NOTICES Environmental Impact Statements; Availability, etc.: Meetings: Infrastructure Upgrades at Andersen Air Force Base, White House Environmental Justice Advisory Council, Guam, 20487–20488 20493–20494 Antitrust Division Export-Import Bank NOTICES NOTICES Changes under the National Cooperative Research and Agency Information Collection Activities; Proposals, Production Act: Submissions, and Approvals, 20494 Cooperative Research Group on Particle Sensor Agency Information Collection Activities; Proposals, Performance and Durability, 20522 Submissions, and Approvals: Countering Weapons of Mass Destruction Consortium, Generic Clearance for the Collection of Qualitative 20521 Feedback on Agency Service Delivery, 20494–20496 Digital Manufacturing Design Innovation Institute, 20521–20522 Federal Aviation Administration Medical CBRN Defense Consortium, 20521 RULES ODVA, Inc., 20522 Airworthiness Directives: Airbus SAS Airplanes, 20453–20455 Census Bureau MHI RJ Aviation ULC (Type Certificate Previously Held NOTICES by Bombardier, Inc.) Airplanes, 20451–20453 Meetings: Textron Aviation Inc. Airplanes, 20442–20445 2020 Census Tribal Consultation; Virtual, 20484 The Boeing Company Airplanes, 20440–20442, 20445– 20451 Centers for Disease Control and Prevention PROPOSED RULES NOTICES Airspace Designations and Reporting Points: Assisted Reproductive Technology Success Rates Reporting Michigan, MI, 20469–20471 and Data Validation Procedures, 20496–20497 Missoula, MT, 20468–20469 Meetings: Airworthiness Directives: Advisory Committee on Immunization Practices, 20497– De Havilland Aircraft of Canada Limited (Type Certificate 20498 Previously Held by Bombardier, Inc.) Airplanes, 20459–20461 Children and Families Administration GE Aviation Czech s.r.o. (Type Certificate previously held NOTICES by WALTER Engines a.s., Walter a.s., and Agency Information Collection Activities; Proposals, MOTORLET a.s.) Turboprop Engines, 20465–20467 Submissions, and Approvals: MHI RJ Aviation ULC (Type Certificate Previously Held Data Collection for the Engaging Fathers and Paternal by Bombardier, Inc.) Airplanes, 20461–20465 Relatives: A Continuous Quality Improvement NOTICES Approach in the Child Welfare System Project, Airport Investment Partnership Program: 20498–20499 Application Procedures, 20586–20592 Civil Rights Commission Federal Communications Commission NOTICES RULES Meetings: Completing the Transition to Electronic Filing, Licenses New Hampshire Advisory Committee, 20482 and Authorizations, and Correspondence in the Oregon Advisory Committee, 20482–20484 Wireless Radio Services, 20456 Human Exposure to Radiofrequency Electromagnetic Fields Commerce Department and Reassessment of FCC Radiofrequency Exposure See Census Bureau Limits and Policies, 20456–20458 See International Trade Administration See National Oceanic and Atmospheric Administration Federal Emergency Management Agency NOTICES Defense Department Assistance to Firefighters Grant Program: See Air Force Department Fire Prevention and Safety Grants, 20509–20515

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Major Disaster Declaration: Housing and Urban Development Department Cahuilla Band of Indians; Amendment No. 2, 20508– NOTICES 20509 Fiscal Year 2021 Funding Awards: La Jolla Band of Luiseno Indians; Amendment No. 2, Housing Trust Fund Federal Register Allocation, 20515 20508 Indian Affairs Bureau Federal Energy Regulatory Commission NOTICES NOTICES Agency Information Collection Activities; Proposals, Application: Submissions, and Approvals: Eastern Gas Transmission and Storage, Inc., 20492–20493 Reporting Systems for Public Law 102–477 Combined Filings, 20488–20491 Demonstration Project, 20516–20517 Complaint: Institute of Museum and Library Services Hartree Partners, LP v. Northern Natural Gas Co., 20488 Request for Extension of Time: NOTICES Sabal Trail Transmission, LLC, 20490 Agency Information Collection Activities; Proposals, Transcontinental Gas Pipe Line Company, LLC, 20491 Submissions, and Approvals: 2022–2024 Institute of Museum and Library Services National Leadership Grants for Libraries/Laura Bush Federal Motor Carrier Safety Administration 21st Century Librarian Program Notice of Funding NOTICES Opportunity, 20523 Qualification of Drivers; Exemption Applications: Epilepsy and Seizure Disorders, 20593–20594 Interior Department Vision, 20594–20595 See Geological Survey See Indian Affairs Bureau Federal Reserve System See Land Management Bureau NOTICES See Surface Mining Reclamation and Enforcement Office Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Internal Revenue Service Company, 20496 NOTICES Agency Information Collection Activities; Proposals, Federal Retirement Thrift Investment Board Submissions, and Approvals: NOTICES Information Reporting by Applicable Large Employers on Meetings: Health Insurance Coverage Offered under Employer- Board Meeting, 20496 Sponsored Plans, 20610 Revenue Procedure Waiver of 60-Day Rollover Requirement, 20608 Foreign Assets Control Office Low Income Taxpayer Clinic Grant Program; Availability of NOTICES 2022 Grant Application Package, 20608–20609 Blocking or Unblocking of Persons and Properties, 20595– Meetings: 20608 Taxpayer Advocacy Panels Special Projects Committee, 20610–20611 Geological Survey Request for Applications: NOTICES Recruitment Notice for the Taxpayer Advocacy Panel; Agency Information Collection Activities; Proposals, Correction, 20611 Submissions, and Approvals: National Ground-Water Monitoring Network Cooperative International Trade Administration Funding Application, 20515–20516 NOTICES Antidumping or Countervailing Duty Investigations, Orders, Health and Human Services Department or Reviews: See Centers for Disease Control and Prevention Welded Line Pipe from the Republic of Korea, 20484– See Children and Families Administration 20486 See Health Resources and Services Administration Meetings: See National Institutes of Health United States Travel and Tourism Advisory Board, 20486–20487

Health Resources and Services Administration Justice Department NOTICES See Antitrust Division Agency Information Collection Activities; Proposals, Submissions, and Approvals: Land Management Bureau Updates to Uniform Standard for Waiver of the Ryan NOTICES White HIV/AIDS Program Core Medical Services Agency Information Collection Activities; Proposals, Expenditure Requirement, 20499–20500 Submissions, and Approvals: Updates to Uniform Standard for Waiver of the Ryan White Desert Land Entry Application, 20517–20518 HIV/AIDS Program Core Medical Services Expenditure Requirement, 20500–20505 National Agricultural Statistics Service NOTICES Homeland Security Department Agency Information Collection Activities; Proposals, See Federal Emergency Management Agency Submissions, and Approvals, 20481–20482

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National Credit Union Administration Self-Regulatory Organizations; Proposed Rule Changes: NOTICES Cboe BYX Exchange, Inc., 20578–20580 Meetings; Sunshine Act, 20522 Cboe BZX Exchange, Inc., 20580–20583 Cboe C2 Exchange, Inc., 20564–20567 National Foundation on the Arts and the Humanities Cboe EDGA Exchange, Inc., 20550–20552 See Institute of Museum and Library Services Cboe EDGX Exchange, Inc., 20567–20574 Cboe Exchange, Inc., 20554–20556 National Institutes of Health New York Stock Exchange, LLC, 20544–20548, 20552– NOTICES 20554 Meetings: NYSE American, LLC, 20583–20585 Center for Scientific Review, 20505–20507 NYSE Arca, Inc., 20541–20543, 20562–20564 National Center for Advancing Translational Sciences, NYSE Chicago, Inc., 20560–20562 20506–20507 NYSE National, Inc., 20548–20550, 20574–20577 National Institute of General Medical Sciences, 20507– The Nasdaq Stock Market, LLC, 20556–20560 20508

National Oceanic and Atmospheric Administration Social Security Administration PROPOSED RULES NOTICES Potential New Turtle Exclusion Device Requirements for Request for Information: Skimmer Trawl Vessels Less Than 40 Feet (12.2 Foundations for Evidence-Based Policymaking Act of meters) in Length, 20475 2018 Learning Agenda, 20585–20586 Nuclear Regulatory Commission Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Reactor Site Criteria, 20539–20540 Submissions, and Approvals: Exemption; Issuance: Requirements for Coal Exploration, 20518–20519 Exelon Generation Company LLC R. E. Ginna Nuclear Requirements for Permits for Special Categories of Power Plant, 20523–20526 Mining, 20519–20520 Meetings; Sunshine Act, 20538–20539 Surface and Underground Mining Activities, 20520 Monthly Notice: Applications and Amendments to Facility Operating Transportation Department Licenses and Combined Licenses Involving No See Federal Aviation Administration Significant Hazards Considerations, 20526–20538 See Federal Motor Carrier Safety Administration Personnel Management Office RULES Treasury Department Civil Service Retirement System and Federal Employees See Foreign Assets Control Office Retirement System: See Internal Revenue Service Correcting Miscalculations in Veterans’ Pension Act, NOTICES 20435–20440 Agreement for a Social Impact Partnership Project, 20611– 20613 Postal Regulatory Commission NOTICES Market Test of Experimental Product, 20540–20541 Reader Aids Railroad Retirement Board Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice NOTICES Meetings; Sunshine Act, 20541 of recently enacted public laws. To subscribe to the Federal Register Table of Contents Securities and Exchange Commission electronic mailing list, go to https://public.govdelivery.com/ NOTICES accounts/USGPOOFR/subscriber/new, enter your e-mail Application: address, then follow the instructions to join, leave, or Putnam ETF Trust, et al., 20577–20578 manage your subscription.

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CFR PARTS AFFECTED IN THIS ISSUE

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

5 CFR 831...... 20435 842...... 20435 14 CFR 39 (6 documents) ...... 20440, 20442, 20445, 20448, 20451, 20453 Proposed Rules: 39 (3 documents) ...... 20459, 20461, 20465 71 (2 documents) ...... 20468, 20469 34 CFR Proposed Rules: Ch. II ...... 20471 47 CFR 1 (2 documents) ...... 20456 2...... 20456 50 CFR Proposed Rules: 223...... 20475

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Rules and Regulations Federal Register Vol. 86, No. 74

Tuesday, April 20, 2021

This section of the FEDERAL REGISTER enacted on December 21, 2018. Under responsibility to resolve the deposit contains regulatory documents having general this law, if an employing agency makes status with the agency. If the retiring applicability and legal effect, most of which an administrative error in processing employee’s statements on the are keyed to and codified in the Code of certain annuity deposits for post-1956 application are in conflict with the Federal Regulations, which is published under military service or certain volunteer agency’s certification of service or any 50 titles pursuant to 44 U.S.C. 1510. service with the Peace Corps or other documents submitted by the The Code of Federal Regulations is sold by Volunteers in Service to America agency regarding payment of the deposit the Superintendent of Documents. (VISTA), the employing agency, or OPM for post-1956 military service, then it is in certain situations, may, at its OPM’s responsibility to resolve the discretion, pay on behalf of the deposit status with the retiring OFFICE OF PERSONNEL employee any additional interest employee. Administrative error by OPM MANAGEMENT assessed due to its administrative error. may result in an increase in the amount Agencies are responsible for of interest due. If additional interest was 5 CFR Parts 831 and 842 establishing their own guidelines for assessed due to administrative error on RIN 3206–AO07 what constitutes administrative error OPM’s part, then OPM may pay on and whether a payment is made. OPM behalf of the employee any additional Civil Service Retirement System and has no role or authority in the agency’s interest assessed due to its Federal Employees Retirement decision. Also, OPM is responsible for administrative error. System; Correcting Miscalculations in establishing its own guidelines for what Full-time volunteer service as a Veterans’ Pension Act constitutes administrative error and volunteer or volunteer leader with the whether a payment is made. Peace Corps or VISTA that was AGENCY: Office of Personnel Employees covered under the Civil performed at any time before separation Management. Service Retirement System (CSRS) or from federal civilian service is generally ACTION: Final rule. the Federal Employees Retirement creditable under CSRS or FERS with System (FERS) with post-1956 military payment of a service credit deposit. SUMMARY: The Office of Personnel service may pay a deposit plus interest Though considered civilian service, the Management (OPM) is issuing this final to their employing agency for post-1956 treatment of Peace Corps and VISTA rule to implement the provisions of the military service. Payment of the deposit volunteer service is similar to that of ‘‘Correcting Miscalculations in Veterans’ guarantees that the employee and military service (see 5 CFR part 831 and Pensions Act.’’ This Act provides survivors will continue to receive 842.307 and 842.308) in that the credit authority for agencies and OPM to pay, retirement credit for the post-1956 is tied to eligibility for Social Security at their discretion, interest on certain military service, regardless of benefits. Payment of the deposit deposits (post-1956 military service entitlement to Social Security benefits at guarantees that the employee and deposits and service credit deposits for age 62. Interest on deposits for post- survivors will continue to receive voluntary service with the Peace Corps 1956 military service accrues and retirement credit for the volunteer and Volunteers in Service to America compounds annually after a 2-year service, regardless of entitlement to (VISTA)) when additional interest is interest-free grace period after the Social Security benefits. Like the assessed due to administrative error. individual first becomes an employee or calculation of interest for military Agencies need to establish their own Member. deposits, the interest on deposits for guidelines for waiver, subject to funding Deposits for post-1956 military volunteer service accrues and limitations that may prevent service are paid to the employing compounds annually after a 2-year reimbursement by the agency. These agency. The employing agency is interest-free grace period. For both regulations also pertain to payments responsible for counseling the employee current and former employees, interest made by OPM with regard to service regarding paying the deposit and the begins to accrue on deposits for credit deposits for volunteer service. consequences of not paying the deposit, volunteer service on October 1, 1995, or DATES: Effective April 20, 2021. processing the application, calculating 2 years after the date on which the FOR FURTHER INFORMATION CONTACT: Jane the deposit amount, billing the individual first becomes an employee or Bancroft, (202) 606–0299, Email: employee, and collecting the payment. Member, whichever is later. [email protected]. Include Administrative error by the agency may Deposits for Peace Corps and VISTA Docket No. or RIN in the subject line of result in an increase in the amount of volunteer service are paid directly to the email. interest due. If the administrative error OPM. The employing agency is SUPPLEMENTARY INFORMATION: results in an increase in interest due, responsible for counseling the employee then the employing agency may, at its regarding the deposit, and for verifying Background discretion, pay on behalf of the the earnings. OPM is responsible for On November 5, 2020, OPM issued a employee any additional interest processing the service credit deposit proposed rule at 85 FR 70502 for the assessed due to its administrative error. application, calculating the deposit, purpose of proposing regulations meant After a CSRS or FERS employee’s billing the employee, and collecting the to implement the provisions of Public retirement, OPM has a responsibility to payment. Law 115–352, 132 Stat. 5067 (2018) ensure that retirement documents are The decision to pay or not pay (codified at 5 U.S.C. 101), also known as not in conflict regarding payment of the interest due to its administrative error the ‘‘Correcting Miscalculations in deposit for post-1956 military service. If on a deposit for post-1956 military Veterans’ Pensions Act,’’ which was there is conflict, then it is OPM’s service is made by the employing

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agency or OPM, depending on who is due to its administrative error. The Unfunded Mandates Reform Act of making the administrative error burden to pay the additional interest 1995. determination. The decision to pay or was on the employee. This legislation Congressional Review Act not pay interest due to its administrative should be an incentive for agencies and error for a service credit deposit for OPM to perform better and, therefore, The Congressional Review Act (5 Peace Corps/VISTA volunteer service is result in fewer findings of U.S.C. 801 et seq.) requires rules to be up to the employing agency or OPM, administrative error. submitted to Congress before taking whichever agency is making the The public comment period on the effect. OPM will submit to Congress and decision regarding administrative error. proposed rule ended January 4, 2021. the Comptroller General of the United OPM has no role or authority in another OPM received one written comment States a report regarding the issuance of agency’s decision. from a private citizen. The commenter this rule before its effective date, as Currently, employees interested in questioned why this rule does not apply required by 5 U.S.C. 801. This rule is making service credit deposits for Peace to redeposit miscalculations by OPM. not a major rule as defined by the Corps or VISTA volunteer service Having considered the comment, OPM Congressional Review Act (CRA) (5 submit the service credit application to concluded that it may not adopt the U.S.C. 804). the employing agency for development commenter’s suggestion. Because the Paperwork Reduction Act and review. The agency then forwards retirement benefits afforded to parties in This rule does not impose any new the application to OPM for processing this circumstance are permitted by reporting or record-keeping and billing. The employee pays the statute, OPM’s rules implementing those requirements subject to the Paperwork service credit deposit amount directly to provisions may not alter the statutory Reduction Act. OPM. This process will not change due provisions enacted. to the implementation of Public Law List of Subjects 115–352. Since both the agency and Regulatory Impact Analysis 5 CFR Part 831 OPM have a role in processing service OPM has examined the impact of this credit deposits for Peace Corps or rule as required by Executive Order Firefighters, Government employees, VISTA volunteer service, either the 12866 and Executive Order 13563, Income taxes, Intergovernmental employing agency or OPM could make which directs agencies to assess all costs relations, Law enforcement officers, an administrative error. If an and benefits of available regulatory Pensions, Reporting and recordkeeping administrative error results in an alternatives and, if regulation is requirements, Retirement. increase in interest due, then the necessary, to select regulatory employing agency or OPM, may, at its 5 CFR Part 842 approaches that maximize net benefits discretion, pay on behalf of the (including potential economic, Air traffic controllers, Alimony, employee any additional interest environmental, public, health, and Firefighters, Law enforcement officers, assessed due to its administrative error. Pensions, Retirement. Public Law 115–352 specifies that if safety effects, distributive impacts, and an employing agency makes an equity. This rule is not a ‘‘significant Office of Personnel Management. administrative error in processing regulatory action,’’ under Executive Alexys Stanley, deposits for post-1956 military service Order 12866. Regulatory Affairs Analyst. or full-time volunteer service as a Regulatory Flexibility Act For the reasons stated in the volunteer or volunteer leader with the preamble, the Office of Personnel The Office of Personnel Management Peace Corps or VISTA that increases the Management amends 5 CFR parts 831 certifies that this rule will not have a amount of interest owed on the deposit, and 842 as follows: the employing agency or OPM (as significant economic impact on a described above) may pay on behalf of substantial number of small entities. PART 831—RETIREMENT the employee any additional interest Federalism assessed due to the administrative error. ■ 1. Revise the authority citation for part Agencies are responsible for We have examined this rule in 831 to read as follows: establishing their own guidelines for accordance with Executive Order 13132, Authority: 5 U.S.C. 8347; Sec. 831.102 also what constitutes administrative error Federalism, and have determined that issued under 5 U.S.C. 8334; Sec. 831.106 also and whether a payment is made. OPM this rule will not have any negative issued under 5 U.S.C. 552a; Sec. 831.108 also has no role or authority in the decision. impact on the rights, roles, and issued under 5 U.S.C. 8336(d)(2); Sec. Public Law 115–352 also provides responsibilities of State, local, or tribal 831.114 also issued under 5 U.S.C. 8336(d)(2) that, for volunteer service deposits, if governments. and Sec. 1313(b)(5) of Pub. L. 107–296, 116 the administrative error is committed by Stat. 2135; Sec. 831.201(b)(1) also issued Civil Justice Reform under 5 U.S.C. 8347(g); Sec. 831.201(b)(6) OPM, then OPM may pay on behalf of also issued under 5 U.S.C. 7701(b)(2); Sec. the employee any additional interest This regulation meets the applicable 831.201(g) also issued under Secs. 11202(f), assessed due to the administrative error. standard set forth in Executive Order 11232(e), and 11246(b) of Pub. L. 105–33, 111 Any payment of additional interest 12988. Stat. 251; Sec. 831.201(g) also issued under OPM may make on behalf of the Unfunded Mandates Reform Act of Secs. 7(b) and (e) of Pub. L. 105–274, 112 Stat. 2419; Sec. 831.201(i) also issued under employee is paid from the Civil Service 1995 Retirement and Disability Fund. Secs. 3 and 7(c) of Pub. L. 105–274, 112 Stat. This rule is necessary to implement This rule will not result in the 2419; Sec. 831.202 also issued under Sec. 111 the authority so the employing agency expenditure by state, local, and tribal of Pub. L. 99–500, 100 Stat. 1783, and Sec. or OPM, on behalf of an employee, may governments, in the aggregate, or by the 111 of Pub. L. 99–591, 100 Stat. 3341–348, and also Sec. 1 of Pub. L. 110–279, 122 Stat. make interest payments on interest private sector, of $100 million or more 2602, as amended by Sec. 1(a) of Pub. L. 116– accrued due to administrative error. in any year and it will not significantly 21, 133 Stat. 903; Sec. 831.204 also issued Until this legislation, there was no or uniquely affect small governments. under Sec. 102(e) of Pub. L. 104–8, 109 Stat. authority to permit payment by an Therefore, no actions were deemed 102, as amended by Sec. 153 of Pub. L. 104– agency or OPM of interest that accrued necessary under the provisions of the 134, 110 Stat. 1321; Sec. 831.205 also issued

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under Sec. 2207 of Pub. L. 106–265, 114 Stat. will determine if administrative error (f) After becoming federally 784; Sec. 831.206 also issued under Sec. occurred. Any payment of additional employed, there is a 2-year interest-free 1622(b) of Pub. L. 104–106, 110 Stat. 515; interest of behalf of the employee is grace period on Peace Corps volunteer Sec. 831.301 also issued under Sec. 2203 of paid from the Civil Service Retirement and volunteer leader service deposits. Pub. L. 106–265, 114 Stat. 780; Sec. 831.303 and Disability Fund. also issued under 5 U.S.C. 8334(d)(2) and After the 2-year period, interest is Sec. 2203 of Pub. L. 106–235, 114 Stat. 780; ■ 4. Add subpart X to read as follows: accrued and compounded annually at Sec. 831.502 also issued under 5 U.S.C. 8337, the variable rate beginning on the date and under Sec. 1(3), E.O. 11228, 3 CFR 1965– Subpart X—Peace Corps of the expiration of the 2-year period. 1965 Comp. p. 317; Sec. 831.663 also issued Sec. under 5 U.S.C. 8339(j) and (k)(2); Secs. § 831.2404 Additional interest due to 831.2401 Purpose. administrative error. 831.663 and 831.664 also issued under Sec. 831.2402 Allowable service. 11004(c)(2) of Pub. L. 103–66, 107 Stat. 412; 831.2403 Deposits for service. (a) The employing agency, Clerk of Sec. 831.682 also issued under Sec. 201(d) of 831.2404 Additional interest due to the House of Representatives, or Pub. L. 99–251, 100 Stat. 23; Sec. 831.912 administrative error. Secretary of the Senate, as appropriate, also issued under Sec. 636 of Appendix C to may pay any additional interest due on Pub. L. 106–554, 114 Stat. 2763A–164; § 831.2401 Purpose. the deposit for volunteer or volunteer Subpart P also issued under Sec. 535(d) of This subpart contains regulations of leader service as a result of its Title V of Division E of Pub. L. 110–161, 121 the Office of Personnel Management Stat. 2042; Subpart Q also issued under 5 administrative error. OPM may pay any U.S.C. 8336a; Subpart V also issued under 5 (OPM) to supplement chapter 34 of title additional interest due on the deposit U.S.C. 8343a and Sec. 6001 of Pub. L. 100– 22, United States Code, concerning for Peace Corps service as a result of its 203, 101 Stat. 1330–275; Sec. 831.2203 also CSRS retirement service credit administrative error. issued under Sec. 7001(a)(4) of Pub. L. 101– eligibility for satisfactory Peace Corps (b) The employing agency, Clerk of 508, 104 Stat. 1388–328; Pub. L. 115–352, volunteer and volunteer leader service. the House of Representatives, or 132 Stat. 5067 (5 U.S.C. 101). § 831.2402 Allowable service. Secretary of the Senate, as appropriate, shall set their own procedures for Subpart A—Administration and (a) Service credit deposits are not employees or Members to claim there General Provisions allowed for training periods prior to was administrative error. OPM shall set actual enrollment. ■ 2. Amend § 831.105 by adding (b) Service credit deposits can only be its own procedures for claims of paragraph (k) to read as follows: made for satisfactory volunteer and administrative error on its part. (c) The employing agency, Clerk of volunteer leader service. § 831.105 Computation of interest. (c) Annuitants enrolling as a the House of Representatives, or * * * * * volunteer or volunteer leader are not Secretary of the Senate, as appropriate, (k) If OPM determines that additional deemed reemployed annuitants. Service shall determine if administrative error interest was assessed on a deposit for as a volunteer or volunteer leader on its part caused an increase in interest full-time volunteer service as a performed after retiring under a CSRS or due on the deposit amount. OPM shall volunteer or a volunteer leader with the FERS retirement is not creditable determine if administrative error on its Peace Corps or Volunteers in Service to service for retirement purposes. part caused an increase in interest due America (VISTA) due to its own on the deposit amount. administrative error, OPM may pay, on § 831.2403 Deposits for service. (d) OPM’s final determination behalf of the employee, Member, or (a) An employee or Member subject to regarding a claim of administrative error annuitant, any additional interest CSRS may make a deposit for volunteer on its part is not subject to the due assessed due to the administrative error. and volunteer leader service by filing an process procedures described in 5 application in a form prescribed by U.S.C. 8461(e). Subpart U—Deposits for Military OPM. ■ 5. Add subpart Y to read as follows: Service (b) The deposit is based upon the amount of the stipend that was received. Subpart Y—Volunteers in Service to ■ 3. Amend § 831.2107 by adding If an educational award was elected in America (VISTA) paragraph (c) to read as follows: lieu of the stipend, then the deposit is based on the amount of the stipend that Sec. § 831.2107 Payments on deposits. would have been received. 831.2501 Purpose. * * * * * (c) An application to make a deposit 831.2502 Allowable service. 831.2503 Deposits for service. (c)(1) When an administrative error is filed with the appropriate office in the occurs by the employing agency in 831.2504 Additional interest due to employing agency, or, for Members and administrative error. calculating or processing a military Congressional employees, with the service deposit, interest assessed as a Secretary of the Senate, or the Clerk of § 831.2501 Purpose. result of the administrative error may be the House of Representatives, as This subpart contains regulations of paid by the agency, the Clerk of the appropriate. the Office of Personnel Management House of Representatives, or the (d) Upon receipt and review of the (OPM) to supplement chapter 66, title Secretary of the Senate on behalf of the application from the employee, the 42, United States Code, concerning employee. The agency, Clerk of the agency, Clerk of the House of CSRS retirement service credit House of Representatives, or the Representatives, or Secretary of the eligibility for Volunteers in Service to Secretary of the Senate will determine if Senate will submit the application to America (VISTA) volunteers. administrative error occurred. OPM for processing. (2) When an administrative error (e) Interest begins to accrue on § 831.2502 Allowable service. occurs by OPM in calculating or deposits for volunteer service on (a) Service credit deposits are not processing a military service deposit, October 1, 1995, or 2 years after the date allowed for training periods prior to interest assessed as a result of the on which the individual first becomes actual enrollment. administrative error may be paid by an employee or Member, whichever is (b) Service credit deposits can only be OPM on behalf of the employee. OPM later. made for satisfactory volunteer service.

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(c) Annuitants enrolling as VISTA for VISTA service as a result of its Appendix C to Pub. L. 106–554 at 114 Stat. volunteers are not deemed reemployed administrative error. 2763A–164; Sec. 842.811 also issued under annuitants. Service as a volunteer or (b) The employing agency, Clerk of Sec. 226(c)(2) of Pub. Law 108–176, 117 Stat. volunteer leader performed after retiring the House of Representatives, or 2529; Subpart J also issued under Sec. 535(d) Secretary of the Senate, as appropriate, of Title V of Division E of Pub. L. 110–161, under a CSRS or FERS retirement is not 121 Stat. 2042; Pub. L. 115–352, 132 Stat. creditable serviced for retirement shall set their own procedures for 5067 (5 U.S.C. 101). purposes. employees or Members to claim there (d) Retirement credit is not allowable was administrative error. OPM shall set Subpart C—Credit for Service for training period(s) prior to actual its own procedures for claims of enrollment. administrative error on its part. ■ 7. Amend § 842.305 by adding (c) The employing agency, Clerk of paragraph (k) to read as follows: § 831.2503 Deposits for service. the House of Representatives, or (a) An employee or Member subject to Secretary of the Senate, as appropriate, § 842.305 Deposits for civilian service. CSRS may make a deposit for volunteer shall determine if administrative error * * * * * service by filing an application in a form on its part caused an increase in interest (k) Administrative error. If OPM prescribed by OPM. due on the deposit amount for their determines that additional interest was (b) The deposit is based upon the employees. OPM shall determine if assessed on a deposit for full-time amount of the stipend that was received. administrative error on its part caused volunteer service as a volunteer or a If an educational award was elected in an increase in interest due on the volunteer leader with the Peace Corps or lieu of the stipend, then the deposit is deposit amount. Volunteers in Serviced to America based on the amount of the stipend that (d) OPM’s final determination (VISTA) due to its own administrative would have been received. regarding a claim of administrative error error, OPM may pay, on behalf of the (c) An application to make a deposit on its part is not subject to the due employee, Member, or annuitant, any is filed with the appropriate office in the process procedures described in 5 additional interest assessed due to the employing agency, or, for Members and U.S.C. 8461(e). administrative error. Congressional employees, with the ■ 8. Amend § 842.307 by adding Secretary of the Senate, or the Clerk of PART 842—FEDERAL EMPLOYEES paragraph (e) to read as follows: the House of Representatives, as RETIREMENT SYSTEM-BASIC appropriate. ANNUITY § 842.307 Deposits for military service. (d) Upon receipt and review of the * * * * * ■ application, the agency, Clerk of the 6. Revise the authority citation for part (e) Administrative error. (1) When an House of Representatives, or Secretary 842 to read as follows: administrative error occurs by the of the Senate will submit the Authority: 5 U.S.C. 8461(g); Secs. 842.104 employing Agency in calculating or application to OPM for processing. and 842.106 also issued under 5 U.S.C. processing a military service deposit, (e) Interest begins to accrue on 8461(n); Sec. 842.104 also issued under Secs. interest assessed as a result of the deposits for volunteer service on 3 and 7(c) of Pub. L. 105–274, 112 Stat. 2419; administrative error may be paid by the October 1, 1995, or 2 years after the date Sec. 842.105 also issued under 5 U.S.C. agency, the Clerk of the House of 8402(c)(1) and 7701(b)(2); Sec. 842.106 also Representatives, or the Secretary of the on which the individual first becomes issued under Sec. 102(e) of Pub. L. 104–8, an employee or Member, whichever is 109 Stat. 102, as amended by Sec. 153 of Pub. Senate on behalf of the employee. The later. L. 104–134, 110 Stat. 1321–102; Sec. 842.107 agency, Clerk of the House of (f) After becoming federally also issued under Secs. 11202(f), 11232(e), Representatives, or the Secretary of the employed, there is a 2-year interest-free and 11246(b) of Pub. L. 105–33, 111 Stat. Senate will determine if administrative grace period on VISTA volunteer service 251, and Sec. 7(b) of Pub. L. 105–274, 112 error occurred. deposits. After the 2-year period, Stat. 2419; Sec. 842.108 also issued under (2) When an administrative error interest is accrued and compounded Sec. 7(e) of Pub. L. 105–274, 112 Stat. 2419; occurs by OPM in calculating or Sec. 842.109 also issued under Sec. 1622(b) processing a military service deposit, annually at the variable rate beginning of Pub. L. 104–106, 110 Stat. 515; Sec. on the date of the expiration of the 2- 842.110 also issued under Sec. 111 of Pub. interest assessed as a result of the year period. L. 99–500, 100 Stat. 1783, and Sec. 111 of administrative error may be paid by (g) A deposit is required in order to Pub. L. 99–591, 100 Stat. 3341–348, and also OPM on behalf of the employee. OPM obtain service credit for VISTA Sec. 1 of Pub. L. 110–279, 122 Stat. 2602, as will determine if administrative error volunteer service for which the amended by Sec. 1(a) of Pub. L. 116–21, 133 occurred. Any payment of additional volunteer chose to receive an Stat. 903; Sec. 842.208 also issued under Sec. interest of behalf of the employee is educational award in lieu of a stipend. 535(d) of Title V of Division E of Pub. L. 110– paid from the Civil Service Retirement 161, 121 Stat. 2042; Sec. 842.213 also issued and Disability Fund. The deposit is based upon the amount under 5 U.S.C. 8414(b)(1)(B) and Sec. ■ of the stipend that would have been 1313(b)(5) of Pub. L. 107–296, 116 Stat. 2135; 9. Add subpart K to read as follows: received if he/she had elected to receive Secs. 842.304 and 842.305 also issued under the stipend rather than an educational Sec. 321(f) of Pub. L. 107–228, 116 Stat. 1383; Subpart K—Peace Corps Secs. 842.604 and 842.611 also issued under award. Sec. 5 U.S.C. 8417; Sec. 842.607 also issued under § 831.2504 Additional interest due to 5 U.S.C. 8416 and 8417; Sec. 842.614 also 842.1101 Purpose. administrative error. issued under 5 U.S.C. 8419; Sec. 842.615 also 842.1102 Allowable service. 842.1103 Deposits for service. (a) The employing agency, Clerk of issued under 5 U.S.C. 8418; Sec. 842.703 also issued under Sec. 7001(a)(4) of Pub. L. 101– 842.1104 Additional interest due to the House of Representatives, or administrative error. Secretary of the Senate, as appropriate, 508, 104 Stat. 1388; Sec. 842.707 also issued under Sec. 6001 of Pub. L. 100–203, 101 Stat. § 842.1101 Purpose. may pay any additional interest due on 1300; Sec. 842.708 also issued under Sec. the deposit for volunteer or volunteer 4005 of Pub. L. 101–239, 103 Stat. 2106, and This subpart contains regulations of leader service as a result of its Sec. 7001 of Pub. L. 101–508, 104 Stat. 1388; the Office of Personnel Management administrative error. OPM may pay any Subpart H also issued under 5 U.S.C. 1104; (OPM) to supplement chapter 34 of title additional interest due on the deposit Sec. 842.810 also issued under Sec. 636 of 22, United States Code, concerning

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FERS retirement service credit service as a result of its administrative lieu of the stipend, then the deposit is eligibility for satisfactory Peace Corps error. based on the amount of the stipend that volunteer and volunteer leader service. (b) The agency, Clerk of the House of would have been received. Representatives, or Secretary of the (c) An application to make a deposit § 842.1102 Allowable service. Senate, as appropriate, shall set their is filed with the appropriate office in the (a) Service credit deposits are not own procedures for employees or employing agency, or, for Members and allowed for training periods prior to Members to claim there was Congressional employees, with the actual enrollment. administrative error. OPM shall set its Secretary of the Senate, or the Clerk of (b) Service credit deposits can only be own procedures for claims of the House of Representatives, as made for satisfactory volunteer and administrative error on its part. appropriate. volunteer leader service. (c) The agency, Clerk of the House of (d) Upon receipt and review of the (c) Annuitants enrolling as a Representatives, or Secretary of the application, the agency, Clerk of the volunteer or volunteer leader are not to Senate, as appropriate, shall determine House of Representatives, or Secretary be deemed reemployed annuitants. if administrative error on its part caused of the Senate will submit the Service as a volunteer or volunteer an increase in interest due on the application to OPM for processing. leader performed after retiring under a deposit amount. OPM shall determine if (e) Interest begins to accrue on CSRS or FERS retirement is not administrative error on its part caused deposits for volunteer service on creditable serviced for retirement an increase in interest due on the October 1, 1995, or 2 years after the date purposes. deposit amount. on which the individual first becomes (d) OPM’s final determination § 842.1103 Deposits for service. an employee or Member, whichever is regarding a claim of administrative error later. (a) An employee or Member subject to on its part is not subject to the due FERS may make a deposit for volunteer (f) After becoming federally process procedures described in 5 employed, there is a 2-year interest-free and volunteer leader service by filing an U.S.C. 8461(e). application in a form prescribed by grace period on VISTA volunteer service ■ 10. Add subpart L to read as follows: OPM. deposits. After the 2-year period, (b) The deposit is based upon the interest is accrued and compounded Subpart L—Volunteers in Service to annually at the variable rate beginning amount of the stipend that was received. America (VISTA) If an educational award was elected in on the date of the expiration of the lieu of the stipend, then the deposit is Sec. 2-year period. based on the amount of the stipend that 842.1201 Purpose. (g) A deposit is required in order to would have been received. 842.1202 Allowable service. obtain service credit for VISTA (c) An application to make a deposit 842.1203 Deposits for service. volunteer service for which the is filed with the appropriate office in the 842.1204 Additional interest due to volunteer chose to receive an administrative error. employing agency, or, for Members and educational award in lieu of a stipend. Congressional employees, with the § 842.1201 Purpose. The deposit is based upon the amount Secretary of the Senate, or the Clerk of This subpart contains regulations of of the stipend that would have been the House of Representatives, as the Office of Personnel Management received if he/she had elected to receive appropriate. (OPM) to supplement chapter 66, title the stipend rather than an educational (d) Upon receipt and review of the 42, United States Code, concerning award. application, the agency, Clerk of the CSRS retirement service credit § 842.1204 Additional interest due to House of Representatives, or Secretary eligibility for Volunteers in Serviced to administrative error. of the Senate will submit the America (VISTA) volunteers. application to OPM for processing. (a) The agency, Clerk of the House of (e) Interest begins to accrue on § 842.1202 Allowable service. Representatives, or Secretary of the deposits for volunteer service on (a) Service credit deposits are not Senate, as appropriate, may pay any October 1, 1995, or 2 years after the date allowed for training periods prior to additional interest due on the deposit on which the individual first becomes actual enrollment. for volunteer or volunteer leader service an employee or Member, whichever is (b) Service credit deposits can only be as a result of its administrative error. later. made for satisfactory volunteer service. OPM may pay any additional interest (f) After becoming federally (c) Annuitants enrolling as VISTA due on the deposit for VISTA service as employed, there is a 2-year interest-free volunteers are not deemed reemployed a result of its administrative error. grace period on Peace Corps volunteer annuitants. Service as a volunteer or (b) The agency, Clerk of the House of and volunteer leader service deposits. volunteer leader performed after retiring Representatives, or Secretary of the After the 2-year period, interest is under a CSRS or FERS retirement is not Senate, as appropriate, shall set their accrued and compounded annually at creditable serviced for retirement own procedures for employees or the variable rate beginning on the date purposes. Members to claim there was of the expiration of the 2-year period. (d) Retirement credit is not allowable administrative error. OPM shall set its for training period(s) prior to actual own procedures for claims of § 842.1104 Additional interest due to enrollment. administrative error on its part. administrative error. (c) The agency, Clerk of the House of (a) The agency, Clerk of the House of § 842.1203 Deposits for service. Representatives, or Secretary of the Representatives, or Secretary of the (a) An employee or Member subject to Senate, as appropriate, shall determine Senate, as appropriate, may pay any CSRS may make a deposit for volunteer if administrative error on its part caused additional interest due on the deposit service by filing an application in a form an increase in interest due on the for volunteer or volunteer leader service prescribed by OPM. deposit amount. OPM shall determine if as a result of its administrative error. (b) The deposit is based upon the administrative error on its part caused OPM may pay any additional interest amount of the stipend that was received. an increase in interest due on the due on the deposit for Peace Corps If an educational award was elected in deposit amount.

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(d) OPM’s final determination p.m., Monday through Friday, except condition described previously is likely regarding a claim of administrative error Federal holidays. to exist or develop in other products of on its part is not subject to the due the same type design. Examining the AD Docket process procedures described in 5 AD Requirements U.S.C. 8461(e). You may examine the AD docket at [FR Doc. 2021–07545 Filed 4–19–21; 8:45 am] https://www.regulations.gov by This AD retains all requirements of AD 2021–02–19 and revises the BILLING CODE 6325–38–P searching for and locating Docket No. FAA–2021–0307; or in person at Docket applicability to include all Model 787– Operations between 9 a.m. and 5 p.m., 8, –9, and –10 airplanes. Monday through Friday, except Federal Explanation of Serviceable Part DEPARTMENT OF TRANSPORTATION holidays. The AD docket contains this final rule, any comments received, and This AD requires replacing damaged Federal Aviation Administration other information. The street address for decompression panels with new or the Docket Operations is listed above. serviceable parts. For purposes of this 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: AD, a serviceable part is airworthy and [Docket No. FAA–2021–0307; Project Brandon Lucero, Aerospace Engineer, eligible for installation. While the part Identifier AD–2021–00407–T; Amendment Cabin Safety and Environmental does not need to be new, it must 39–21513; AD 2021–08–19] Systems Section, FAA, Seattle ACO conform to type design and be in condition for safe operation. A RIN 2120–AA64 Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206– decompression panel repaired using an approved maintenance program is Airworthiness Directives; The Boeing 231–3569; email: Brandon.Lucero@ considered serviceable. Company Airplanes faa.gov. SUPPLEMENTARY INFORMATION: MEL Provision AGENCY: Federal Aviation Administration (FAA), DOT. Background Paragraph (h) of this AD specifies that if any decompression panel is ACTION: Final rule; request for The FAA issued AD 2021–02–19, disengaged or damaged, the airplane comments. Amendment 39–21402 (86 FR 10171, may be operated as specified in the SUMMARY: The FAA is superseding February 19, 2021) (AD 2021–02–19), operator’s existing FAA-approved Airworthiness Directive (AD) 2021–02– for certain Boeing Model 787–8, –9, and minimum equipment list (MEL), 19, which applied to certain The Boeing –10 airplanes. AD 2021–02–19 required provided provisions that address the Company Model 787–8, –9, and –10 repetitive general visual inspections for damaged or disengaged decompression airplanes. AD 2021–02–19 required disengaged or damaged decompression panels are included in the MEL. repetitive general visual inspections for panels of the bilge barriers located in the forward and aft cargo compartments, Explanation of Revised Repetitive disengaged or damaged decompression Interval panels of the bilge barriers located in reinstallation of disengaged but the forward and aft cargo compartments, undamaged panels, and replacement of The repetitive inspection interval reinstallation of disengaged but damaged panels. AD 2021–02–19 was required by AD 2021–02–19 was 120 undamaged panels, and replacement of prompted by reports of multiple days. This repetitive interval has been damaged panels. This AD was prompted incidents of torn decompression panels changed in this AD to 4 calendar by reports of multiple incidents of torn found in the bilge area. The FAA issued months to better align the interval with decompression panels found in the bilge AD 2021–02–19 to address the routine operator maintenance area, and the determination that possibility of leakage in the bilge area, scheduling. This change will continue additional airplanes are subject to the which could, in the event of a cargo fire, to provide an adequate level of safety. result in insufficient Halon unsafe condition. This AD retains the Interim Action requirements of AD 2021–02–19 and concentrations to adequately control the The FAA considers this AD to be an revises the applicability by including fire. This condition, if not addressed, interim action. The manufacturer is additional airplanes. The FAA is issuing could result in the loss of continued safe currently developing a modification that this AD to address the unsafe condition flight and landing of the airplane. will address the unsafe condition on these products. Actions Since AD 2021–02–19 Was identified in this AD. Once this DATES: This AD is effective May 5, 2021. Issued modification is developed, approved, The FAA must receive comments on Since the FAA issued AD 2021–02– and available, the FAA might consider this AD by June 4, 2021. 19, the agency received new information additional rulemaking. ADDRESSES: You may send comments, indicating that additional airplanes may Justification for Immediate Adoption using the procedures found in 14 CFR be subject to the unsafe condition. The and Determination of the Effective Date 11.43 and 11.45, by any of the following applicability of AD 2021–02–19 was methods: limited to airplanes having bilge Section 553(b)(3)(B) of the • Federal eRulemaking Portal: Go to assemblies with certain decompression Administrative Procedure Act (APA) (5 https://www.regulations.gov. Follow the panels. Certain other decompression U.S.C. 551 et seq.) authorizes agencies instructions for submitting comments. panels were inadvertently omitted from to dispense with notice and comment • Fax: 202–493–2251. the applicability. The FAA determined procedures for rules when the agency, • Mail: U.S. Department of that all of the decompression panel part for ‘‘good cause,’’ finds that those Transportation, Docket Operations, numbers may be subject to damage procedures are ‘‘impracticable, M–30, West Building Ground Floor, (tearing) or becoming disengaged. unnecessary, or contrary to the public Room W12–140, 1200 New Jersey interest.’’ Under this section, an agency, Avenue SE, Washington, DC 20590. FAA’s Determination upon finding good cause, may issue a • Hand Delivery: Deliver to Mail The FAA is issuing this AD because final rule without providing notice and address above between 9 a.m. and 5 the agency determined the unsafe seeking comment prior to issuance.

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Further, section 553(d) of the APA T’’ at the beginning of your comments. mark each page of your submission authorizes agencies to make rules The most helpful comments reference a containing CBI as ‘‘PROPIN.’’ The FAA effective in less than thirty days, upon specific portion of the final rule, explain will treat such marked submissions as a finding of good cause. the reason for any recommended confidential under the FOIA, and they An unsafe condition exists that change, and include supporting data. will not be placed in the public docket requires the immediate adoption of this The FAA will consider all comments of this AD. Submissions containing CBI AD without providing an opportunity received by the closing date and may should be sent to Brandon Lucero, for public comments prior to adoption. amend this final rule because of those Aerospace Engineer, Cabin Safety and The FAA has found that the risk to the comments. Environmental Systems Section, FAA, flying public justifies forgoing notice Except for Confidential Business Seattle ACO Branch, 2200 South 216th and comment prior to adoption of this Information (CBI) as described in the St., Des Moines, WA 98198; phone and rule because leakage in the bilge area following paragraph, and other fax: 206–231–3569; email: could, in the event of a cargo fire, result information as described in 14 CFR [email protected]. Any in insufficient Halon concentrations to 11.35, the FAA will post all comments commentary that the FAA receives that adequately control the fire, and possible received, without change, to https:// is not specifically designated as CBI will loss of continued safe flight and landing www.regulations.gov, including any be placed in the public docket for this of the airplane. Accordingly, notice and personal information you provide. The rulemaking. opportunity for prior public comment agency will also post a report are impracticable and contrary to the summarizing each substantive verbal Regulatory Flexibility Act contact received about this final rule. public interest pursuant to 5 U.S.C. The requirements of the Regulatory 553(b)(3)(B). Confidential Business Information Flexibility Act (RFA) do not apply when In addition, the FAA finds that good an agency finds good cause pursuant to cause exists pursuant to 5 U.S.C. 553(d) CBI is commercial or financial 5 U.S.C. 553 to adopt a rule without for making this amendment effective in information that is both customarily and prior notice and comment. Because the less than 30 days, for the same reasons actually treated as private by its owner. FAA has determined that it has good the FAA found good cause to forgo Under the Freedom of Information Act cause to adopt this rule without notice notice and comment. (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your and comment, RFA analysis is not Comments Invited comments responsive to this AD contain required. The FAA invites you to send any commercial or financial information Costs of Compliance written data, views, or arguments about that is customarily treated as private, this final rule. Send your comments to that you actually treat as private, and The FAA estimates that this AD an address listed under ADDRESSES. that is relevant or responsive to this AD, affects 222 airplanes of U.S. registry. Include ‘‘Docket No. FAA–2021–0307 it is important that you clearly designate The FAA estimates the following costs and Project Identifier AD–2021–00407– the submitted comments as CBI. Please to comply with this AD:

ESTIMATED COSTS

Action Labor cost Parts cost Cost per product Cost on U.S. operators

Repetitive inspections ... 3 work-hours × $85 per hour = $255 per in- $0 $85 per inspection $56,610 per inspection spection cycle. cycle. cycle.

The FAA estimates the following results of the inspection. The FAA has aircraft that might need these costs to do any necessary replacements no way of determining the number of replacements: that would be required based on the

ON-CONDITION COSTS

Cost per Action Labor cost Parts cost product

Replacement ...... 1 work-hour × $85 per hour = $85 ...... (*) * $85 * The FAA has received no definitive data on which to base the parts cost estimates for the replacements specified in this AD.

Authority for This Rulemaking 44701: General requirements. Under Regulatory Findings that section, Congress charges the FAA Title 49 of the United States Code This AD will not have federalism specifies the FAA’s authority to issue with promoting safe flight of civil implications under Executive Order rules on aviation safety. Subtitle I, aircraft in air commerce by prescribing 13132. This AD will not have a section 106, describes the authority of regulations for practices, methods, and substantial direct effect on the States, on the FAA Administrator. Subtitle VII: procedures the Administrator finds the relationship between the national Aviation Programs describes in more necessary for safety in air commerce. government and the States, or on the detail the scope of the Agency’s This regulation is within the scope of distribution of power and authority. that authority because it addresses an responsibilities among the various The FAA is issuing this rulemaking unsafe condition that is likely to exist or levels of government. under the authority described in develop on products identified in this For the reasons discussed above, I Subtitle VII, Part A, Subpart III, Section rulemaking action. certify that this AD:

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(1) Is not a ‘‘significant regulatory (g) Repetitive Inspections and Corrective Cabin Safety and Environmental Systems action’’ under Executive Order 12866, Action Section, FAA, Seattle ACO Branch, 2200 and At the applicable times specified in South 216th St., Des Moines, WA 98198; paragraph (g)(1) or (2) of this AD: Do a phone and fax: 206–231–3569; email: (2) Will not affect intrastate aviation [email protected]. in Alaska. general visual inspection for disengaged or damaged (torn) decompression panels of the (k) Material Incorporated by Reference List of Subjects in 14 CFR Part 39 bilge barriers located in the forward and aft cargo compartments. If any disengaged but None. Air transportation, Aircraft, Aviation undamaged panel is found: Before further Issued on April 9, 2021. safety, Incorporation by reference, flight, reinstall the panel. If any damaged Ross Landes, Safety. panel is found: Before further flight, replace the panel with a new or serviceable panel. Deputy Director for Regulatory Operations, Adoption of the Amendment Reinstallations and replacements must be Compliance & Airworthiness Division, done in accordance with the operator’s Aircraft Certification Service. Accordingly, under the authority maintenance or inspection program, as [FR Doc. 2021–08225 Filed 4–16–21; 4:15 pm] delegated to me by the Administrator, applicable. BILLING CODE 4910–13–P the FAA amends 14 CFR part 39 as (1) If a general visual inspection for follows: disengaged or damaged (torn) decompression panels of the bilge barriers was done before DEPARTMENT OF TRANSPORTATION PART 39—AIRWORTHINESS the effective date of this AD: Do the next DIRECTIVES inspection within 4 calendar months after the Federal Aviation Administration most recent inspection. Repeat the inspection thereafter at intervals not to exceed 4 ■ 1. The authority citation for part 39 14 CFR Part 39 continues to read as follows: calendar months. (2) If a general visual inspection for [Docket No. FAA–2020–0819; Project Authority: 49 U.S.C. 106(g), 40113, 44701. disengaged or damaged (torn) decompression Identifier 2019–CE–027–AD; Amendment panels of the bilge barriers was not done 39–21500; AD 2021–08–06] § 39.13 [Amended] before the effective date of this AD: Do the ■ 2. The FAA amends § 39.13 by: initial inspection within 30 days after the RIN 2120–AA64 effective date of this AD. Repeat the ■ a. Removing Airworthiness Directive inspection thereafter at intervals not to Airworthiness Directives; Textron (AD) 2021–02–19, Amendment 39– exceed 4 calendar months. Aviation Inc. Airplanes 21402 (86 FR 10171, February 19, 2021); (h) MEL Provisions and AGENCY: Federal Aviation ■ b. Adding the following new AD: If any decompression panel inspected as Administration (FAA), DOT. required by this AD is disengaged or ACTION: Final rule. 2021–08–19 The Boeing Company: damaged, the airplane may be operated as Amendment 39–21513 ; Docket No. specified in the operator’s existing FAA- SUMMARY: The FAA is superseding FAA–2021–0307; Project Identifier AD– approved minimum equipment list (MEL), Airworthiness Directive (AD) 97–06–10 2021–00407–T. provided provisions that address the disengaged or damaged decompression for certain Raytheon Aircraft Company (a) Effective Date panels are included in the MEL. (type certificate now held by Textron This airworthiness directive (AD) is Aviation Inc. (Textron)) Model 76 effective May 5, 2021. (i) Alternative Methods of Compliance airplanes. AD 97–06–10 required (AMOCs) (b) Affected ADs repetitively inspecting the main landing (1) The Manager, Seattle ACO Branch, gear (MLG) ‘‘A’’ frame assemblies for This AD replaces AD 2021–02–19, FAA, has the authority to approve AMOCs cracks and replacing any cracked Amendment 39–21402 (86 FR 10171, for this AD, if requested using the procedures February 19, 2021) (AD 2021–02–19). found in 14 CFR 39.19. In accordance with assembly. Since the FAA issued AD 97– 14 CFR 39.19, send your request to your 06–10, the replacement parts have also (c) Applicability principal inspector or responsible Flight experienced failure due to cracking. This AD applies to all The Boeing Standards Office, as appropriate. If sending This AD requires magnetic particle Company Model 787–8, –9, and –10 information directly to the manager of the inspections of the MLG ‘‘A’’ frame airplanes, certificated in any category. certification office, send it to the attention of assemblies for cracks and replacement the person identified in Related Information. (d) Subject of the affected parts if necessary. The Information may be emailed to: 9-ANM- FAA is issuing this AD to address the Air Transport Association (ATA) of [email protected]. America Code 26, Fire protection. (2) Before using any approved AMOC, unsafe condition on these products. notify your appropriate principal inspector, DATES: This AD is effective May 25, (e) Unsafe Condition or lacking a principal inspector, the manager 2021. This AD was prompted by reports of of the responsible Flight Standards Office. The Director of the Federal Register multiple incidents of torn decompression (3) An AMOC that provides an acceptable approved the incorporation by reference panels being found in the bilge area and the level of safety may be used for any repair, of a certain publication listed in this AD determination that additional airplanes are modification, or alteration required by this as of May 25, 2021. subject to the unsafe condition. The FAA is AD if it is approved by The Boeing Company issuing this AD to address the possibility of Organization Designation Authorization ADDRESSES: For the Beechcraft service leakage in the bilge area, which could, in the (ODA) that has been authorized by the information identified in this final rule, event of a cargo fire, result in insufficient Manager, Seattle ACO Branch, FAA, to make contact Textron Aviation Customer Halon concentrations to adequately control those findings. To be approved, the repair Service, P.O. Box 7706, Wichita, KS the fire. This condition, if not addressed, method, modification deviation, or alteration 67277; phone: (316) 517–5800; email: could result in the loss of continued safe deviation must meet the certification basis of [email protected]; website: flight and landing of the airplane. the airplane, and the approval must https://txtav.com. You may view this specifically refer to this AD. (f) Compliance service information at the FAA, Comply with this AD within the (j) Related Information Airworthiness Products Section, compliance times specified, unless already For more information about this AD, Operational Safety Branch, 901 Locust, done. contact Brandon Lucero, Aerospace Engineer, Kansas City, MO 64106. For information

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on the availability of this material at the due to fatigue cracking, resulting in inspection would be costly because the FAA, call (816) 329–4148. It is also damage to the propeller and outboard inspection involves frame removal. The available at https://www.regulations.gov wing area. The FAA determined that the commenter also included by searching for and locating Docket No. visual and dye penetrant inspections documentation showing that the cost of FAA–2020–0819. were not adequately detecting cracks in an A-frame from Textron is over $8,000 the MLG ‘‘A’’ frame assemblies, because and, with labor costs of $2,200 for Examining the AD Docket some of the failed parts had been installation, owners will spend over You may examine the AD docket at subjected to visual and dye penetrant $18,500 to replace the A-frames. https://www.regulations.gov by inspections within 100 hours before the The FAA partially agrees with this searching for and locating Docket No. failure. comment. The FAA has updated the FAA–2020–0819; or in person at Docket In the NPRM, the FAA proposed to estimated costs to reflect the costs Operations between 9 a.m. and 5 p.m., require repetitive magnetic particle provided by the commenter to replace Monday through Friday, except Federal inspections, which provide quicker the parts. The FAA disagrees with the holidays. The AD docket contains this results (after testing setup) with commenter’s estimate of labor costs to final rule, any comments received, and improved accuracy. Also, the NPRM replace an A-frame, because the labor to other information. The address for reflected that the type certificate for the install a replacement part is included Docket Operations is U.S. Department of Model 76 airplane had been transferred with the labor costs for the inspection. Transportation, Docket Operations, M– from Raytheon to Textron, and that The FAA has added language to the on- 30, West Building Ground Floor, Room Textron designed new replacement condition costs to clarify how the FAA W12–140, 1200 New Jersey Avenue SE, parts, P/Ns 105–810023–0083 (left) and estimated the cost to replace each part. Washington, DC 20590. 105–810023–0084 (right), that were not The FAA also acknowledges that the FOR FURTHER INFORMATION CONTACT: subject to the proposed repetitive general obligation of the operator to Brian Adamson, Aviation Safety magnetic particle inspections. However, maintain its aircraft in an airworthy Engineer, Wichita ACO Branch, FAA, the newly designed MLG assemblies are condition is vital, but sometimes 1801 Airport Road, Room 100, Wichita, still subject to the repetitive inspections expensive. KS 67209; phone: (316) 946–4193; fax: specified in the maintenance manual. Conclusion (316) 946–4107; email: brian.adamson@ Discussion of Final Airworthiness faa.gov or [email protected]. Directive The FAA reviewed the relevant data, SUPPLEMENTARY INFORMATION: considered any comments received, and Comments Background determined that air safety requires The FAA received two comments adopting the AD as proposed. The FAA issued a notice of proposed from an anonymous commenter. The Accordingly, the FAA is issuing this AD rulemaking (NPRM) to amend 14 CFR following presents the comments to address the unsafe condition on these part 39 to supersede AD 97–06–10, received on the NPRM and the FAA’s products. This AD is adopted as Amendment 39–9967 (62 FR 12949, response to each comment. proposed in the NPRM. March 19, 1997) (AD 97–06–10). AD 97– 06–10 applied to Raytheon Aircraft Request Regarding New Part Numbers Related Service Information Under 1 Company (type certificate now held by One commenter stated that a Model CFR Part 51 Textron) Model 76 airplanes, serial 76 with the new A-frames had a main The FAA reviewed Beechcraft numbers ME–1 through ME–437 that do gear collapse on landing in August Mandatory Service Bulletin SB 32–4156, not have both a part number (P/N) 105– 2020. The commenter questioned dated May 3, 2019. This service 810023–75 (left) and P/N 105–810023– whether the new A-frames are also information specifies procedures for a 76 (right) MLG ‘‘A’’ frame assembly subject to failure. repetitive magnetic particle inspection installed. The NPRM published in the The FAA disagrees with this for fatigue cracks adjacent to the gussets Federal Register on December 14, 2020 comment. The commenter did not for the torque arm of each MLG ‘‘A’’ (85 FR 80693). provide any data to show that the frame and destroying the assembly if AD 97–06–10 required repetitive Textron Model 76 accident airplane, cracks are found. The service visual and dye penetrant inspections of whose landing gear failed during information also specifies procedures the MLG ‘‘A’’ frame assemblies for landing or taxi conditions, had the new for installing a replacement assembly or cracks and replacement of any assembly A-frames installed. Neither the FAA nor re-installing an assembly when no found cracked. AD 97–06–10 did not Textron have any data indicating that cracks are found. This service apply to Model 76 airplanes with an P/Ns 105–8100023–0083 and 105– information is reasonably available improved design MLG ‘‘A’’ frame 810023–0084 A-frames were installed because the interested parties have assembly (P/N 105–810023–75 and P/N on the accident airplane. In addition, access to it through their normal course 105–810023–76) installed on both the Textron has not received any reports of of business or by the means identified left and right MLG. The FAA issued AD failed P/Ns 105–8100023–0083 and in ADDRESSES. 97–06–10 to prevent MLG failure 105–810023–0084 A-frames. because of a cracked ‘‘A’’ frame Costs of Compliance assembly, which could result in loss of Request Regarding Estimated Cost control of the airplane during landing. The commenter requested the FAA The FAA estimates that this AD The NPRM was prompted by reports find an alternative solution that is more affects 437 airplanes of U.S. registry. of P/N 105–810023–75 and P/N 105– affordable for operators. The commenter The FAA estimates the following 810023–76 ‘‘A’’ frame assemblies failing stated that each magnetic particle costs to comply with this AD:

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ESTIMATED COSTS

Cost per Cost on U.S. Action Labor cost Parts cost product operators

Inspection of MLG ‘‘A’’ frame assembly .... 26 work-hours × $85 per hour = $2,210 ... Not applicable ...... $2,210 $965,770

The FAA estimates the following results of the inspection. The agency has aircraft that might need these costs to do any necessary replacements no way of determining the number of replacements: that would be required based on the

ON-CONDITION COSTS

Cost per Action Labor cost Parts cost product

Replacement of 105–810023–0083 assembly ...... Not applicable * ...... $8,343 $8,343 Replacement of 105–810023–0084 assembly ...... Not applicable * ...... 8,100 8,100 * No additional labor cost since re-installation labor is included with the inspection cost.

Authority for This Rulemaking List of Subjects in 14 CFR Part 39 (d) Subject Title 49 of the United States Code Air transportation, Aircraft, Aviation Joint Aircraft System Component (JASC) Code 3200; Landing Gear. specifies the FAA’s authority to issue safety, Incorporation by reference, rules on aviation safety. Subtitle I, Safety. (e) Unsafe Condition Section 106, describes the authority of The Amendment This AD was prompted by cracks found in the FAA Administrator. Subtitle VII, MLG ‘‘A’’ frame assemblies. The FAA is Aviation Programs, describes in more Accordingly, under the authority issuing this AD to detect and correct cracks detail the scope of the Agency’s delegated to me by the Administrator, in the MLG assemblies, which, if not addressed, could result in failure of the MLG authority. the FAA amends 14 CFR part 39 as follows: assemblies and lead to loss of control of the The FAA is issuing this rulemaking airplane during landing. under the authority described in PART 39—AIRWORTHINESS (f) Compliance Subtitle VII, Part A, Subpart III, Section DIRECTIVES 44701, General requirements. Under Comply with this AD within the that section, Congress charges the FAA ■ 1. The authority citation for part 39 compliance times specified, unless already with promoting safe flight of civil continues to read as follows: done. aircraft in air commerce by prescribing Authority: 49 U.S.C. 106(g), 40113, 44701. (g) Actions regulations for practices, methods, and Within 100 hours time-in-service (TIS) procedures the Administrator finds § 39.13 [Amended] after the last dye penetrant inspection necessary for safety in air commerce. ■ 2. The FAA amends § 39.13 by: required by AD 97–06–10 or within 12 This regulation is within the scope of ■ a. Removing Airworthiness Directive months after the effective date of this AD, that authority because it addresses an 97–06–10, Amendment 39–9967 (62 FR whichever comes first, and thereafter at unsafe condition that is likely to exist or intervals to not exceed 100 hours TIS or 12 12949, March 19, 1997); and months, whichever occurs first, do a ■ develop on products identified in this b. Adding the following new magnetic particle inspection for cracks on the rulemaking action. airworthiness directive: left MLG ‘‘A’’ frame assembly P/N 105– Regulatory Findings 2021–08–06 Textron Aviation Inc.: 810023–3, 105–810023–67, or 105–810023– Amendment 39–21500; Docket No. 75 and the right MLG ‘‘A’’ frame assembly P/ The FAA has determined that this AD FAA–2020–0819; Project Identifier N 105–810023–4, 105–810023–68, or 105– will not have federalism implications 2019–CE–027–AD. 810023–76 and, before further flight, take all necessary corrective actions. Do all actions under Executive Order 13132. This AD (a) Effective Date will not have a substantial direct effect by following the Accomplishment Instructions, paragraphs 4 through 13, of on the States, on the relationship This airworthiness directive (AD) is effective May 25, 2021. Beechcraft Mandatory Service Bulletin SB between the national government and 32–4156, dated May 3, 2019. the States, or on the distribution of (b) Affected ADs (h) Alternative Methods of Compliance power and responsibilities among the This AD replaces AD 97–06–10, (AMOCs) various levels of government. Amendment 39–9967 (62 FR 12949, March For the reasons discussed above, I 19, 1997) (AD 97–06–10). (1) The Manager, Wichita ACO Branch, FAA, has the authority to approve AMOCs certify that this AD: (c) Applicability for this AD, if requested using the procedures (1) Is not a ‘‘significant regulatory This AD applies to Textron Aviation Inc. found in 14 CFR 39.19. In accordance with action’’ under Executive Order 12866, (type certificate previously held by Raytheon 14 CFR 39.19, send your request to your (2) Will not affect intrastate aviation Aircraft Company, Hawker Beechcraft principal inspector or local Flight Standards in Alaska, and Corporation, and Beechcraft Corporation) District Office, as appropriate. If sending (3) Will not have a significant Model 76 airplanes, serial numbers ME–1 information directly to the manager of the through ME–437, certificated in any category, certification office, send it to the attention of economic impact, positive or negative, except airplanes with main landing gear the person identified in Related Information. on a substantial number of small entities (MLG) ‘‘A’’ frame assemblies part number (P/ (2) Before using any approved AMOC, under the criteria of the Regulatory N) 105–810023–0083 (left) and P/N 105– notify your appropriate principal inspector, Flexibility Act. 810023–0084 (right) installed. or lacking a principal inspector, the manager

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of the local flight standards district office/ by reports of significant corrosion of NPRM was prompted by reports of certificate holding district office. electrical connectors located in the main significant corrosion of electrical (i) Related Information landing gear (MLG) wheel well. This AD connectors located in the MLG wheel For more information about this AD, requires repetitive records checks to well. The NPRM proposed to require contact Brian Adamson, Aviation Safety determine exposure to certain deicing repetitive records checks to determine Engineer, Wichita ACO Branch, FAA, 1801 fluids or repetitive inspections for exposure to certain deicing fluids or Airport Road, Room 100, Wichita, KS 67209; corrosion of the electrical connectors, repetitive inspections for corrosion of phone: (316) 946–4193; fax: (316) 946–4107; and corrective actions if necessary. The the electrical connectors, and corrective email: [email protected] or Wichita- FAA is issuing this AD to address the actions if necessary. [email protected]. unsafe condition on these products. The FAA is issuing this AD to address (j) Material Incorporated by Reference DATES: This AD is effective May 25, corrosion and subsequent moisture ingress that may lead to electrical (1) The Director of the Federal Register 2021. approved the incorporation by reference The Director of the Federal Register shorting of the connectors and incorrect (IBR) of the service information listed in this approved the incorporation by reference functioning of critical systems necessary paragraph under 5 U.S.C. 552(a) and 1 CFR of a certain publication listed in this AD for safe flight and landing. part 51. as of May 25, 2021. Comments (2) You must use this service information ADDRESSES: as applicable to do the actions required by For service information The FAA gave the public the this AD, unless the AD specifies otherwise. identified in this final rule, contact opportunity to participate in developing (i) Beechcraft Mandatory Service Bulletin Boeing Commercial Airplanes, this final rule. The following presents SB 32–4156, dated May 3, 2019. Attention: Contractual & Data Services the comments received on the NPRM (ii) [Reserved] (C&DS), 2600 Westminster Blvd., MC and the FAA’s response to each (3) For the Beechcraft service information 110–SK57, Seal Beach, CA 90740–5600; comment. identified in this AD, contact Textron telephone 562–797–1717; internet Aviation Customer Service, P.O. Box 7706, https://www.myboeingfleet.com. You Support for the NPRM Wichita, KS 67277; phone: (316) 517–5800; may view this service information at the email: [email protected]; website: Air Line Pilots Association, https://txtav.com. FAA, Airworthiness Products Section, International (ALPA) and two other (4) You may view this service information Operational Safety Branch, 2200 South commenters supported the NPRM. at FAA, Airworthiness Products Section, 216th St., Des Moines, WA. For Operational Safety Branch, 901 Locust, information on the availability of this Request To Revise Resistance Values Kansas City, MO 64106. For information on material at the FAA, call 206–231–3195. Boeing requested that Boeing Alert the availability of this material at the FAA, It is also available on the internet at Service Bulletin 737–24A1148, Revision call (816) 329–4148. https://www.regulations.gov by 1, dated July 10, 2003, which incorrectly (5) You may view this service information searching for and locating Docket No. specified a maximum electrical bonding that is incorporated by reference at the FAA–2019–1071. resistance of 5 milliohms for aluminum National Archives and Records and 10 milliohms for stainless steel, be Administration (NARA). For information on Examining the AD Docket the availability of this material at NARA, replaced with Boeing Alert Service email: [email protected], or go to: You may examine the AD docket on Bulletin 737–24A1148, Revision 2, https://www.archives.gov/federal-register/cfr/ the internet at https:// dated September 14, 2020, which ibr-locations.html. www.regulations.gov by searching for updates the maximum allowable and locating Docket No. FAA–2019– Issued on March 30, 2021. resistance values to 3 milliohms for both 1071; or in person at Docket Operations Lance T. Gant, aluminum and stainless steel, per AWL between 9 a.m. and 5 p.m., Monday No. 28–AWL–04, as identified in Director, Compliance & Airworthiness through Friday, except Federal holidays. Division, Aircraft Certification Service. Subsection G of Boeing Temporary The AD docket contains this final rule, Revision (TR) 09–020, dated March [FR Doc. 2021–08100 Filed 4–19–21; 8:45 am] any comments received, and other 2008, to the Boeing 737–600/700/800/ BILLING CODE 4910–13–P information. The address for Docket 900 Maintenance Planning Document Operations is U.S. Department of (MPD), D626A001-Certification Transportation, Docket Operations, DEPARTMENT OF TRANSPORTATION Maintenance Requirements (CMR), M–30, West Building Ground Floor, Revision March 2008. Boeing also Federal Aviation Administration Room W12–140, 1200 New Jersey advised that operators who have Avenue SE, Washington, DC 20590. incorporated Boeing Alert Service 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: Julio Bulletin 737–24A1148, Revision 1, C. Alvarez, Aerospace Engineer, dated July 10, 2003, should restore the [Docket No. FAA–2019–1071; Project Systems and Equipment Section, FAA, fuel quantity indicating system (FQIS) Identifier AD–2019–NM–165–AD; Seattle ACO Branch, 2200 South 216th aluminum and stainless steel connectors Amendment 39–21494; AD 2021–07–17] St., Des Moines, WA 98198; phone and to a maximum resistance of 3 milliohms RIN 2120–AA64 fax: 206–231–3657; email: at the next inspection interval per [email protected]. Boeing Alert Service Bulletin 737– Airworthiness Directives; The Boeing SUPPLEMENTARY INFORMATION: 24A1148, Revision 2, dated September Company Airplanes 14, 2020. Boeing observed that the Background AGENCY: Federal Aviation maximum allowable resistance values of Administration (FAA), DOT. The FAA issued a notice of proposed 5 milliohms (aluminum) and 10 ACTION: Final rule. rulemaking (NPRM) to amend 14 CFR milliohms (stainless steel) specified in part 39 by adding an AD that would Boeing Alert Service Bulletin 737– SUMMARY: The FAA is adopting a new apply to all The Boeing Company Model 24A1148, Revision 1, dated July 10, airworthiness directive (AD) for all The 737–900ER series airplanes. The NPRM 2003, are greater than the values Boeing Company Model 737–900ER published in the Federal Register on specified in AWL No. 28–AWL–04, and series airplanes. This AD was prompted January 10, 2020 (85 FR 1290). The that the proposed AD is in conflict with

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AD 2008–10–10 R1, Amendment 39– original export certificate of Boeing Alert Service Bulletin 737– 16164 (75 FR 1529, January 12, 2010) airworthiness is in a condition 24A1148, Revision 2, dated September (AD 2008–10–10 R1), and AD 2018–20– equivalent to that of completing the 14, 2020, and this AD has been changed 24, Amendment 39–19458 (83 FR repetitive inspection; therefore, to reference that revision. 51815, October 15, 2018) (AD 2018–20– conducting an initial inspection within Request To Include AMOC Notices 24), both of which reference AWL No. 24 months is appropriate to address the 28–AWL–04. ADs 2008–10–10 and concern of the AD for that airplane. The DAL requested that the proposed AD 2018–20–24 currently require revising initial compliance time specified in be revised to include references to two the Airworthiness Limitations (AWLs) paragraph (g) of this AD has been FAA-approved AMOCs to the mandated section of the Instructions for Continued changed to include this information. service information: AMOC Notice 737– Airworthiness by incorporating new 24A1148–AMOC–01, dated May 06, Request To Modify Compliance Times limitations for fuel tank systems to 2013, and FAA AMOC Letter 130S– satisfy Special Federal Aviation DAL suggested that paragraph (g)(2) of 09–9, dated April 28, 2009. DAL Regulation No. 88 (in 14 CFR part 21) the proposed AD be changed to add a observed that the AMOCs are applicable for FQIS connectors in unpressurized new paragraph (g)(2)(iv) specifying ‘‘If service documentation that should be area. The critical design configuration connectors or contacts show signs of specifically included in the final rule to control limitations (CDCCLs) require corrosion or connector resistance facilitate operators in correctly that if the FQIS connector D4850 is measurements are greater than the incorporating the requirements of the disturbed or repaired, the electrical specified milliohm limit given in Boeing final rule. bonding resistance value from the Alert Service Bulletin 737–24A1148, The FAA partially agrees with the backshell to the structure must be 3 Revision 1, accomplish appropriate request. To facilitate operators in milliohms or less. corrective action(s) prior to further flight correctly incorporating the requirements The FAA agrees with the request to in accordance with Boeing Alert Service of the final rule, paragraph (i)(4) of this require the revised service information, Bulletin 737–24A1148, Revision 1.’’ AD has been changed to include which updates the maximum allowable DAL observed that the applicable times reference to FAA AMOC Letter 130S– resistance values to 3 milliohms. These specified in paragraphs (g)(2)(i) through 09–9, dated April 28, 2009. However, values are consistent with AD 2008–10– (iii) of the proposed AD are specific to Boeing AMOC Notice 737–24A1148– 10 R1 and AD 2018–20–24 and SFAR corrosion of the backshells, and that the AMOC–01, dated May 6, 2013, has been No. 88 requirements. The FAA has proposed AD does not clearly define incorporated into the revised service revised paragraph (g)(2) of this AD to corrective actions for the connectors and bulletin that is mandated by this AD specify Boeing Alert Service Bulletin contacts, which would also be inspected and therefore is not included in 737–24A1148, Revision 2, dated in paragraph (g)(2) of the proposed AD. paragraph (i)(4) of this AD. September 14, 2020, and has also DAL contended that the intended action Request To Give Credit for Previous updated the ‘‘Related Service of the proposed AD is for discrepant Actions Information under CFR part 51’’ connectors and contacts to have paragraph in this final rule. corrective action accomplished prior to United Airlines (UAL) generally further flight. supported the NPRM and requested that Request To Specify Initial Compliance The FAA disagrees with the request to credit be given for actions previously Time modify paragraph (g)(2) of this AD. The accomplished in their maintenance Delta Air Lines (DAL) suggested that service information adequately specifies inspection program per their paragraph (g) specify the compliance when to perform corrective actions for publication EA 2400–01516, addressing time as within 24 months of issuance of connectors and contacts. The FAA has Boeing Alert Service Bulletin 737– the original certificate of airworthiness not changed this AD with regard to this 24A1148, Revision 1, dated July 10, or 12 months after the effective date of request. 2003. UAL stated it has incorporated this AD, whichever comes later. DAL inspections of its 737–900ER fleet noted that newer airplanes having Request To Address Discrepancies in starting May 2010, using their accumulated less than 24 months since NPRM publication EA 2400–01516. the issuance of the original certificate of DAL noted the following The FAA agrees that operators should airworthiness should not require discrepancies with Boeing Alert Service get credit for performing actions of inspection prior to the accumulation of Bulletin 737–24A1148, Revision 1, Boeing Alert Service Bulletin 737– 24 months since the issuance of the dated July 10, 2003: The Work 24A1148, Revision 1, dated July 10, original certificate of airworthiness, Instructions, paragraph 3.B of the 2003, referenced in the NPRM. As stated because these aircraft were in a known Accomplishment Instructions, indicate previously, this final rule has been corrosion-free condition upon that the accomplishment instructions revised to refer to the latest service completion of production. This are divided into two parts; however, bulletin, Boeing Alert Service Bulletin condition, DAL asserted, is equivalent they are actually divided into three 737–24A1148, Revision 2, dated to an aircraft that has just been parts. Also, part 3 of the Work September 14, 2020, which contains inspected as required by this AD. DAL Instructions does not give the updated service information to address maintained that because the repeat instruction to remove electrical power the unsafe condition. Operators who interval after initial inspection given in from the airplane, yet Figure 5, Step 10, previously performed the work before the proposed rule is 24 months, an of the ASB instructs to restore electrical the effective date of this AD using equivalent level of safety would be power. DAL noted that if electrical Boeing Alert Service Bulletin 737– provided if the initial inspection were power was not removed, it cannot be 24A1148, dated December 6, 2001, or accomplished within 24 months of restored. The FAA infers a request to Revision 1, dated July 10, 2003, may delivery or 12 months after the effective address the discrepancies in the receive credit for accomplishment of the date of this AD, whichever occurs later. proposed AD. initial detailed inspection specified in The FAA agrees with the request. An The FAA agrees with addressing the paragraph (g)(2) of this AD; however, affected airplane that has just received stated discrepancies in this AD. The 57 the updated FQIS connector D4850 an original airworthiness certificate or discrepancies have been rectified in resistance values must be used at the

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next repetitive inspection interval, in service instructions. Therefore, the burden on any operator or increase the accordance with Boeing Alert Service installation of STC ST00830SE does not scope of this final rule. Bulletin 737–24A1148, Revision 2, affect the ability to accomplish the Related Service Information Under 1 dated September 14, 2020. The FAA has actions required by this AD. The FAA CFR Part 51 added paragraph (h) of this AD to has not changed this AD as a result of provide credit for Boeing Alert Service this comment. The FAA reviewed Boeing Alert Bulletin 737–24A1148, dated December Service Bulletin 737–24A1148, Revision Conclusion 6, 2001, and Boeing Alert Service 2, dated September 14, 2020. This Bulletin 737–24A1148, Revision 1, The FAA reviewed the relevant data, service information describes dated July 10, 2003. considered the comments received, and procedures for repetitive records checks determined that air safety and the to determine exposure to certain deicing Effect of Winglets on Accomplishment fluids or repetitive inspections for of the Proposed Actions public interest require adopting this final rule with the changes described corrosion of the electrical connectors, Aviation Partners Boeing stated that previously and minor editorial changes. and corrective actions if necessary. This the installation of winglets per The FAA has determined that these service information is reasonably Supplemental Type Certificate STC minor changes: available because the interested parties ST00830SE does not affect the have access to it through their normal • Are consistent with the intent that accomplishment of the manufacturer’s course of business or by the means was proposed in the NPRM for service instructions. Blended winglets identified in the ADDRESSES addressing the unsafe condition; and section. are part of the production type • certificate for the 737–900ER and are Do not add any additional burden Costs of Compliance not an STC installation. upon the public than was already The FAA estimates that this AD The FAA agrees with the commenter proposed in the NPRM. affects 346 airplanes of U.S. registry. that STC ST00830SE does not affect the The FAA also determined that these The FAA estimates the following costs accomplishment of the manufacturer’s changes will not increase the economic to comply with this AD:

ESTIMATED COSTS

Cost on U.S. Action Labor cost Parts cost Cost per product operators

Repetitive records check 1 work-hour × $85 per hour = $85 per inspec- $0 $85 per inspection Up to $29,410 per in- tion cycle. cycle. spection cycle. Repetitive detailed in- 3 work-hours × $85 per hour = $255 per in- $0 $255 per inspection Up to $88,230 per in- spection. spection cycle. cycle. spection cycle.

The FAA estimates the following based on the results of the inspection. number of aircraft that might need these costs to do any necessary repairs or The FAA has no way of determining the repairs or replacements: replacements that would be required

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per product

Cleaning or replacement ...... Up to 5 work-hours × $85 per hour = Up to $425 ...... Up to $831 ...... Up to $1,256.

Authority for This Rulemaking unsafe condition that is likely to exist or on a substantial number of small entities Title 49 of the United States Code develop on products identified in this under the criteria of the Regulatory specifies the FAA’s authority to issue rulemaking action. Flexibility Act. rules on aviation safety. Subtitle I, Regulatory Findings List of Subjects in 14 CFR Part 39 section 106, describes the authority of This AD will not have federalism Air transportation, Aircraft, Aviation the FAA Administrator. Subtitle VII: implications under Executive Order Aviation Programs, describes in more safety, Incorporation by reference, 13132. This AD will not have a Safety. detail the scope of the Agency’s substantial direct effect on the States, on authority. the relationship between the national Adoption of the Amendment The FAA is issuing this rulemaking government and the States, or on the Accordingly, under the authority under the authority described in distribution of power and delegated to me by the Administrator, Subtitle VII, Part A, Subpart III, Section responsibilities among the various the FAA amends 14 CFR part 39 as 44701: General requirements. Under levels of government. that section, Congress charges the FAA For the reasons discussed above, I follows: with promoting safe flight of civil certify that this AD: PART 39—AIRWORTHINESS aircraft in air commerce by prescribing (1) Is not a ‘‘significant regulatory DIRECTIVES regulations for practices, methods, and action’’ under Executive Order 12866, procedures the Administrator finds (2) Will not affect intrastate aviation ■ necessary for safety in air commerce. in Alaska, and 1. The authority citation for part 39 This regulation is within the scope of (3) Will not have a significant continues to read as follows: that authority because it addresses an economic impact, positive or negative, Authority: 49 U.S.C. 106(g), 40113, 44701.

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§ 39.13 [Amended] accordance with the Accomplishment (j) Related Information ■ 2. The FAA amends § 39.13 by adding Instructions of Boeing Alert Service Bulletin For more information about this AD, 737–24A1148, Revision 2, dated September contact Julio C. Alvarez, Aerospace Engineer, the following new airworthiness 14, 2020. Repeat the inspection thereafter at directive: Systems and Equipment Section, FAA, intervals not to exceed 24 months. For the Seattle ACO Branch, 2200 South 216th St., 2021–07–17 The Boeing Company: purposes of this AD, a detailed inspection is Des Moines, WA 98198; phone and fax: 206– Amendment 39–21494 ; Docket No. defined as an intensive visual examination of 231–3657; email: [email protected]. FAA–2019–1071; Product Identifier a specific structural area, system, installation, 2019–NM–165–AD. or assembly to detect damage, failure, or (k) Material Incorporated by Reference irregularity. Available lighting is normally (1) The Director of the Federal Register (a) Effective Date supplemented with a direct source of good approved the incorporation by reference This airworthiness directive (AD) is lighting at intensity deemed appropriate by (IBR) of the service information listed in this the inspector. Inspection aids such as mirror, effective May 25, 2021. paragraph under 5 U.S.C. 552(a) and 1 CFR magnifying lenses, etc., may be used. Surface part 51. (b) Affected ADs cleaning and elaborate access procedures (2) You must use this service information may be required. None. as applicable to do the actions required by (i) If the total backshell surface area (c) Applicability corrosion is 10 percent or less, clean the this AD, unless the AD specifies otherwise. (i) Boeing Alert Service Bulletin 737– This AD applies to all The Boeing backshell(s) before further flight. 24A1148, Revision 2, dated September 14, Company Model 737–900ER series airplanes, (ii) If the total backshell surface area 2020. certificated in any category. corrosion is greater than 10 percent but less than 20 percent, replace the connectors and (ii) [Reserved] (d) Subject backshells within 30 days after the detailed (3) For service information identified in Air Transport Association (ATA) of inspection. this AD, contact Boeing Commercial America Code 24, Electrical power. (iii) If the total backshell surface area Airplanes, Attention: Contractual & Data corrosion is 20 percent or more, replace the Services (C&DS), 2600 Westminster Blvd., (e) Unsafe Condition connectors and backshells before further MC 110–SK57, Seal Beach, CA 90740–5600; This AD was prompted by reports of flight. telephone 562–797–1717; internet https:// significant corrosion of electrical connectors www.myboeingfleet.com. located in the main landing gear (MLG) (h) Credit for Previous Actions (4) You may view this service information wheel well. The FAA is issuing this AD to This paragraph provides credit for the at the FAA, Airworthiness Products Section, address corrosion and subsequent moisture initial detailed inspection and applicable Operational Safety Branch, 2200 South 216th ingress that may lead to electrical shorting of corrective actions specified in paragraph St., Des Moines, WA. For information on the the connectors and incorrect functioning of (g)(2) of this AD, if those actions were availability of this material at the FAA, call critical systems necessary for safe flight and performed before the effective date of this AD 206–231–3195. landing. using Boeing Alert Service Bulletin 737– (5) You may view this service information 24A1148, dated December 6, 2001, or Boeing that is incorporated by reference at the (f) Compliance Alert Service Bulletin 737–24A1148, National Archives and Records Comply with this AD within the Revision 1, dated July 10, 2003. Administration (NARA). For information on compliance times specified, unless already the availability of this material at NARA, done. (i) Alternative Methods of Compliance email [email protected], or go to: https:// (AMOCs) www.archives.gov/federal-register/cfr/ibr- (g) Required Actions (1) The Manager, Seattle ACO Branch, locations.html. Within 24 months after the date of issuance FAA, has the authority to approve AMOCs Issued on March 29, 2021. of the original airworthiness certificate or the for this AD, if requested using the procedures date of issuance of the original export found in 14 CFR 39.19. In accordance with Lance T. Gant, certificate of airworthiness or 12 months after 14 CFR 39.19, send your request to your Director, Compliance & Airworthiness the effective date of this AD, whichever is principal inspector or local Flight Standards Division, Aircraft Certification Service. later: Do the actions required by paragraph District Office, as appropriate. If sending [FR Doc. 2021–08058 Filed 4–19–21; 8:45 am] (g)(1) or (2) of this AD. information directly to the manager of the BILLING CODE 4910–13–P (1) Determine airplane exposure to runway certification office, send it to the attention of deicing fluids containing potassium formate the person identified in paragraph (j) of this or potassium acetate by reviewing airport AD. Information may be emailed to: 9-ANM- data on the types of components in the [email protected]. DEPARTMENT OF TRANSPORTATION deicing fluid used at airports that support (2) Before using any approved AMOC, airplane operations. notify your appropriate principal inspector, Federal Aviation Administration (i) If the airplane has not been exposed: or lacking a principal inspector, the manager Repeat the requirements specified in of the local flight standards district office/ 14 CFR Part 39 paragraph (g)(1) of this AD thereafter at certificate holding district office. [Docket No. FAA–2020–1167; Project intervals not to exceed 24 months. (3) An AMOC that provides an acceptable (ii) If the airplane has been exposed: level of safety may be used for any repair, Identifier AD–2020–01007–T; Amendment Within 90 days after that determination is modification, or alteration required by this 39–21504; AD 2021–08–10] made, do the inspection required by AD if it is approved by The Boeing Company RIN 2120–AA64 paragraph (g)(2) of this AD. Repeat the Organization Designation Authorization inspection thereafter at intervals not to (ODA) that has been authorized by the Airworthiness Directives; The Boeing exceed 24 months. Manager, Seattle ACO Branch, FAA, to make Company Airplanes (2) Do a detailed inspection of the those findings. To be approved, the repair electrical connectors, including the contacts method, modification deviation, or alteration AGENCY: Federal Aviation and backshells of the line replaceable unit deviation must meet the certification basis of Administration (FAA), DOT. (LRU) in the wheel well of the MLG, for the airplane, and the approval must corrosion in accordance with the specifically refer to this AD. ACTION: Final rule. Accomplishment Instructions of Boeing Alert (4) FAA AMOC Letter 130S–09–9, dated SUMMARY: Service Bulletin 737–24A1148, Revision 2, April 28, 2009, and AMOCs approved The FAA is adopting a new dated September 14, 2020. Perform previously for AD 2005–18–23, Amendment airworthiness directive (AD) for all The applicable corrective actions at the 39–14264 (70 FR 54253, September 14, 2005), Boeing Company Model DC–10–10, DC– applicable times, as specified in paragraphs are approved as AMOCs for the 10–10F, DC–10–15, DC–10–30, DC–10– (g)(2)(i) through (iii) of this AD, in corresponding provisions of this AD. 30F (KC–10A and KDC–10), DC–10–40

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and DC–10–40F airplanes; and Model holidays. The AD docket contains this Discussion of Final Airworthiness MD–10–10F and MD–10–30F airplanes. final rule, any comments received, and Directive This AD was prompted by a report that other information. The address for Comments an operator found a crack in the upper Docket Operations is U.S. Department of flange of the pylon aft bulkhead bracket. Transportation, Docket Operations, The FAA received a comment from This AD requires a general visual M–30, West Building Ground Floor, The Air Line Pilots Association, inspection of the left and right wing Room W12–140, 1200 New Jersey International (ALPA) who supported the pylon at the aft bulkhead bracket for any Avenue SE, Washington, DC 20590. NPRM without change. lockbolt and collar; repetitive surface FOR FURTHER INFORMATION CONTACT: Conclusion and open hole eddy current high Manuel Hernandez, Aerospace frequency (ETHF) inspections of the left Engineer, Airframe Section, FAA, Los The FAA reviewed the relevant data, and right wing pylon at the aft bulkhead Angeles ACO Branch, 3960 Paramount considered any comments received, and bracket for any cracking; and applicable Boulevard, Lakewood, CA 90712–4137; determined that air safety requires on-condition actions. The FAA is phone: 562–627–5256; fax: 562–627– adopting this AD as proposed. Except issuing this AD to address the unsafe 5210; email: Manuel.F.Hernandez@ for minor editorial changes, this AD is condition on these products. faa.gov. adopted as proposed in the NPRM. DATES: This AD is effective May 25, SUPPLEMENTARY INFORMATION: None of the changes will increase the 2021. economic burden on any operator. The Director of the Federal Register Background approved the incorporation by reference The FAA issued a notice of proposed Related Service Information Under 1 of a certain publication listed in this AD rulemaking (NPRM) to amend 14 CFR CFR Part 51 as of May 25, 2021. part 39 by adding an AD that would The FAA reviewed Boeing Alert ADDRESSES: For service information apply to all The Boeing Company Model Requirements Bulletin DC10–54A111 identified in this final rule, contact DC–10–10, DC–10–10F, DC–10–15, DC– RB, dated June 26, 2020. The service Boeing Commercial Airplanes, 10–30, DC–10–30F (KC–10A and KDC– information describes procedures for a Attention: Contractual & Data Services 10), DC–10–40 and DC–10–40F general visual inspection of the left and (C&DS), 2600 Westminster Blvd., MC airplanes; and Model MD–10–10F and right wing pylon at the aft bulkhead 110–SK57, Seal Beach, CA 90740–5600; MD–10–30F airplanes. The NPRM bracket for any lockbolt and collar; telephone 562–797–1717; internet published in the Federal Register on repetitive surface and open hole ETHF https://www.myboeingfleet.com. You January 15, 2021 (86 FR 3885). The inspections of the left and right wing may view this service information at the NPRM was prompted by a report that an pylon at the aft bulkhead bracket for any FAA, Airworthiness Products Section, operator found a crack in the upper cracking; and applicable on-condition Operational Safety Branch, 2200 South flange of the pylon aft bulkhead bracket. actions. On-condition actions include In the NPRM, the FAA proposed to 216th St., Des Moines, WA. For modifying any aft bulkhead bracket that require a general visual inspection of information on the availability of this has a lockbolt and collar, and repair or the left and right wing pylon at the aft material at the FAA, call 206–231–3195. replacement of the aft bulkhead bracket. It is also available at https:// bulkhead bracket for any lockbolt and www.regulations.gov by searching for collar; repetitive surface and open hole This service information is reasonably and locating Docket No. FAA–2020– ETHF inspections of the left and right available because the interested parties 1167. wing pylon at the aft bulkhead bracket have access to it through their normal for any cracking; and applicable on- course of business or by the means Examining the AD Docket condition actions. The FAA is issuing identified in ADDRESSES. You may examine the AD docket at this AD to address possible cracking of Costs of Compliance https://www.regulations.gov by the wing pylon at the aft bulkhead searching for and locating Docket No. bracket, which could result in the The FAA estimates that this AD FAA–2020–1167; or in person at Docket inability of the pylon to sustain limit affects 103 airplanes of U.S. registry. Operations between 9 a.m. and 5 p.m., load and adversely affect the structural The FAA estimates the following costs Monday through Friday, except Federal integrity of the airplane. to comply with this AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

Cost on U.S. Action Labor cost Parts cost Cost per product operators

General visual inspection ...... 2 work-hours × $85 per hour = $170 ...... $0 $170 ...... $17,510. Surface and open hole ETHF in- 5 work-hours × $85 per hour = $425 per in- 0 $425 per inspection $8,755 per inspection spections. spection cycle. cycle. cycle.

The FAA estimates the following modifications that would be required. number of aircraft that might need these costs to do any necessary on-condition The FAA has no way of determining the on-condition modifications:

ESTIMATED COSTS OF ON-CONDITION ACTIONS

Labor cost Parts cost Cost per product

1 work-hour × $85 per hour = $85 per lockbolt/collar (maximum of 8 lockbolt/collars) ...... $100 per lockbolt/collar .. $185 per lockbolt/collar.

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The FAA has received no definitive § 39.13 [Amended] (2) Where Boeing Alert Requirements data on which to base the cost estimates ■ 2. The FAA amends § 39.13 by adding Bulletin DC10–54A111 RB, dated June 26, 2020, specifies contacting Boeing for repair, for the on-condition repairs and the following new airworthiness replacements specified in this AD. modification, or replacement instructions: directive: This AD requires doing the repair, Authority for This Rulemaking 2021–08–10 The Boeing Company: modification, or replacement using a method Amendment 39–21504; Docket No. approved in accordance with the procedures Title 49 of the United States Code FAA–2020–1167; Project Identifier AD– specified in paragraph (i) of this AD. specifies the FAA’s authority to issue 2020–01007–T. rules on aviation safety. Subtitle I, (i) Alternative Methods of Compliance section 106, describes the authority of (a) Effective Date (AMOCs) the FAA Administrator. Subtitle VII: This airworthiness directive (AD) is (1) The Manager, Los Angeles ACO Branch, Aviation Programs, describes in more effective May 25, 2021. FAA, has the authority to approve AMOCs detail the scope of the Agency’s (b) Affected ADs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with authority. None. The FAA is issuing this rulemaking 14 CFR 39.19, send your request to your (c) Applicability principal inspector or responsible Flight under the authority described in Standards Office, as appropriate. If sending Subtitle VII, Part A, Subpart III, Section This AD applies to all The Boeing information directly to the manager of the 44701: General requirements. Under Company airplanes specified in paragraphs certification office, send it to the attention of (c)(1) through (5) of this AD, certificated in that section, Congress charges the FAA the person identified in paragraph (j)(1) of any category. this AD. Information may be emailed to: 9- with promoting safe flight of civil (1) Model DC–10–10 and DC–10–10F [email protected]. aircraft in air commerce by prescribing airplanes. (2) Before using any approved AMOC, regulations for practices, methods, and (2) Model DC–10–15 airplanes. procedures the Administrator finds (3) Model DC–10–30 and DC–10–30F (KC– notify your appropriate principal inspector, necessary for safety in air commerce. 10A and KDC–10) airplanes. or lacking a principal inspector, the manager of the responsible Flight Standards Office. This regulation is within the scope of (4) Model DC–10–40 and DC–10–40F airplanes. (3) An AMOC that provides an acceptable that authority because it addresses an level of safety may be used for any repair, unsafe condition that is likely to exist or (5) Model MD–10–10F and MD–10–30F airplanes. modification, or alteration required by this develop on products identified in this AD if it is approved by The Boeing Company rulemaking action. (d) Subject Organization Designation Authorization (ODA) that has been authorized by the Regulatory Findings Air Transport Association (ATA) of America Code 54, Nacelles/pylons. Manager, Los Angeles ACO Branch, FAA, to This AD will not have federalism make those findings. To be approved, the (e) Unsafe Condition implications under Executive Order repair method, modification deviation, or 13132. This AD will not have a This AD was prompted by a report that an alteration deviation must meet the operator found a crack in the upper flange of certification basis of the airplane, and the substantial direct effect on the States, on the pylon aft bulkhead bracket. The FAA is approval must specifically refer to this AD. the relationship between the national issuing this AD to address possible cracking (j) Related Information government and the States, or on the of the wing pylon at the aft bulkhead bracket, distribution of power and which could result in the inability of the (1) For more information about this AD, responsibilities among the various pylon to sustain limit load and adversely contact Manuel Hernandez, Aerospace levels of government. affect the structural integrity of the airplane. Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount For the reasons discussed above, I (f) Compliance certify that this AD: Boulevard, Lakewood, CA 90712–4137; Comply with this AD within the (1) Is not a ‘‘significant regulatory phone: 562–627–5256; fax: 562–627–5210; compliance times specified, unless already email: [email protected]. action’’ under Executive Order 12866, done. (2) Service information identified in this (2) Will not affect intrastate aviation AD that is not incorporated by reference is (g) Required Actions in Alaska, and available at the addresses specified in (3) Will not have a significant Except as specified by paragraph (h) of this paragraphs (k)(3) and (4) of this AD. economic impact, positive or negative, AD: At the applicable times specified in the (k) Material Incorporated by Reference on a substantial number of small entities ‘‘Compliance’’ paragraph of Boeing Alert under the criteria of the Regulatory Requirements Bulletin DC10–54A111 RB, (1) The Director of the Federal Register dated June 26, 2020, do all applicable actions Flexibility Act. approved the incorporation by reference identified in, and in accordance with, the (IBR) of the service information listed in this List of Subjects in 14 CFR Part 39 Accomplishment Instructions of Boeing Alert paragraph under 5 U.S.C. 552(a) and 1 CFR Requirements Bulletin DC10–54A111 RB, part 51. Air transportation, Aircraft, Aviation dated June 26, 2020. (2) You must use this service information safety, Incorporation by reference, Note 1 to paragraph (g): Guidance for as applicable to do the actions required by Safety. accomplishing the actions required by this this AD, unless the AD specifies otherwise. (i) Boeing Alert Requirements Bulletin The Amendment AD can be found in Boeing Alert Service Bulletin DC10–54A111, dated June 26, 2020, DC10–54A111 RB, dated June 26, 2020. Accordingly, under the authority which is referred to in Boeing Alert (ii) [Reserved] delegated to me by the Administrator, Requirements Bulletin DC10–54A111 RB, (3) For service information identified in the FAA amends 14 CFR part 39 as dated June 26, 2020. this AD, contact Boeing Commercial follows: Airplanes, Attention: Contractual & Data (h) Exceptions to Service Information Services (C&DS), 2600 Westminster Blvd., Specifications PART 39—AIRWORTHINESS MC 110–SK57, Seal Beach, CA 90740–5600; DIRECTIVES (1) Where Boeing Alert Requirements telephone 562–797–1717; internet https:// Bulletin DC10–54A111 RB, dated June 26, www.myboeingfleet.com. ■ 1. The authority citation for part 39 2020, uses the phrase ‘‘the original issue date (4) You may view this service information of Requirements Bulletin DC10–54A111 RB,’’ at the FAA, Airworthiness Products Section, continues to read as follows: this AD requires using ‘‘the effective date of Operational Safety Branch, 2200 South 216th Authority: 49 U.S.C. 106(g), 40113, 44701. this AD.’’ St., Des Moines, WA. For information on the

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availability of this material at the FAA, call Center North America toll-free CL–600–2C10 (Regional Jet Series 700, 206–231–3195. telephone +1 844 272 2720 or direct-dial 701 & 702) airplanes; Model CL–600– (5) You may view this service information telephone +1 514 855 8500; fax +1–514 2C11 (Regional Jet Series 550) airplanes; that is incorporated by reference at the 855–8501; email [email protected]; Model CL–600–2D15 (Regional Jet National Archives and Records Series 705) airplanes; Model CL–600– Administration (NARA). For information on internet https://mhirj.com. You may the availability of this material at NARA, view this service information at the 2D24 (Regional Jet Series 900) airplanes; email [email protected], or go to: https:// FAA, Airworthiness Products Section, and Model CL–600–2E25 (Regional Jet www.archives.gov/federal-register/cfr/ibr- Operational Safety Branch, 2200 South Series 1000) airplanes. The NPRM locations.html. 216th St., Des Moines, WA. For published in the Federal Register on Issued on April 1, 2021. information on the availability of this October 13, 2020 (85 FR 64417). The NPRM was prompted by a Lance T. Gant, material at the FAA, call 206–231–3195. It is also available on the internet at determination that a new or more Director, Compliance & Airworthiness restrictive airworthiness limitation is Division, Aircraft Certification Service. https://www.regulations.gov by searching for and locating Docket No. necessary. The NPRM proposed to [FR Doc. 2021–08055 Filed 4–19–21; 8:45 am] FAA–2020–0911. require revising the existing BILLING CODE 4910–13–P maintenance or inspection program, as Examining the AD Docket applicable, to incorporate a new or more You may examine the AD docket on restrictive airworthiness limitation. The DEPARTMENT OF TRANSPORTATION the internet at https:// FAA is issuing this AD to address failed Federal Aviation Administration www.regulations.gov by searching for telescopic ducts in the wing anti-ice and locating Docket No. FAA–2020– system, which could result in loss of the 14 CFR Part 39 0911; or in person at Docket Operations wing anti-ice system function, slat skew, between 9 a.m. and 5 p.m., Monday slat jam, structural damage to the slat [Docket No. FAA–2020–0911; Product through Friday, except Federal holidays. panel, and loss of the slat panel, Identifier 2020–NM–075–AD; Amendment The AD docket contains this final rule, possibly resulting in reduced control of 39–21497; AD 2021–08–03] any comments received, and other the airplane. See the MCAI for RIN 2120–AA64 information. The address for Docket additional background information. Operations is U.S. Department of Comments Airworthiness Directives; MHI RJ Transportation, Docket Operations, Aviation ULC (Type Certificate M–30, West Building Ground Floor, The FAA gave the public the Previously Held by Bombardier, Inc.) Room W12–140, 1200 New Jersey opportunity to participate in developing Airplanes Avenue SE, Washington, DC 20590. this final rule. The following presents the comments received on the NPRM AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: Siddeeq Bacchus, Aerospace Engineer, and the FAA’s response to each Administration (FAA), Department of comment. Transportation (DOT). Mechanical Systems and Administrative ACTION: Final rule. Services Section, FAA, New York ACO Support for the NPRM Branch, 1600 Stewart Avenue, Suite An anonymous commenter and SUMMARY: The FAA is adopting a new 410, Westbury, NY 11590; telephone Endeavor Air indicated support for the airworthiness directive (AD) for all MHI 516–228–7362; fax 516–794–5531; email NPRM. RJ Aviation ULC Model CL–600–2C10 [email protected]. (Regional Jet Series 700, 701 & 702) SUPPLEMENTARY INFORMATION: Request To Extend the 60-Day airplanes; Model CL–600–2C11 Compliance Time for Initial Actions Discussion (Regional Jet Series 550) airplanes; Endeavor Air requested a revision to Model CL–600–2D15 (Regional Jet Transport Canada Civil Aviation the initial compliance times proposed in Series 705) airplanes; Model CL–600– (TCCA), which is the aviation authority the NPRM for accomplishing the tasks. 2D24 (Regional Jet Series 900) airplanes; for Canada, has issued TCCA AD CF– Endeavor Air suggested removing the and Model CL–600–2E25 (Regional Jet 2020–08, dated April 6, 2020 (also phrase ‘‘or within 60 days after the Series 1000) airplanes. This AD was referred to as the Mandatory Continuing effective date of the AD, whichever is prompted by a determination that a new Airworthiness Information, or the later’’ and replacing it with ‘‘for aircraft or more restrictive airworthiness MCAI), to correct an unsafe condition with more than 15,200 FH [flight hours], limitation is necessary. This AD for all MHI RJ Aviation ULC Model CL– phase in within 8,800 FH from the requires revising the existing 600–2C10 (Regional Jet Series 700, 701 effective date of the AD.’’ Endeavor Air maintenance or inspection program, as & 702) airplanes; Model CL–600–2C11 reasoned that the change would allow applicable, to incorporate a new or more (Regional Jet Series 550) airplanes; the work to be scheduled during C- restrictive airworthiness limitation. The Model CL–600–2D15 (Regional Jet check maintenance, and align with the FAA is issuing this AD to address the Series 705) airplanes; Model CL–600– original intent. unsafe condition on these products. 2D24 (Regional Jet Series 900) airplanes; The FAA disagrees with replacing the DATES: This AD is effective May 25, and Model CL–600–2E25 (Regional Jet 60-day grace period with the 2021. Series 1000) airplanes. You may compliance time suggested by the The Director of the Federal Register examine the MCAI in the AD docket on commenter. The FAA reviewed the approved the incorporation by reference the internet at https:// compliance times, typical fleet usage, of a certain publication listed in this AD www.regulations.gov by searching for and the TCCA AD, and found that the as of May 25, 2021. and locating Docket No. FAA–2020– compliance time specified in paragraph ADDRESSES: For service information 0911. (g) of this AD adequately addresses the identified in this final rule, contact MHI The FAA issued a notice of proposed unsafe condition. Most airplanes RJ Aviation ULC, 12655 Henri-Fabre rulemaking (NPRM) to amend 14 CFR average 8.5 flight hours per day and will Blvd., Mirabel, Que´bec J7N 1E1, part 39 by adding an AD that would not reach another 8,800 flight hours for Canada; Widebody Customer Response apply to all MHI RJ Aviation ULC Model 32 months; therefore, an extension is

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not warranted. However, under the detail the scope of the Agency’s (a) Effective Date provisions of paragraph (i)(1) of this AD, authority. This airworthiness directive (AD) is the FAA will consider requests for The FAA is issuing this rulemaking effective May 25, 2021. approval of an extension of the under the authority described in (b) Affected ADs compliance time if sufficient data are Subtitle VII, Part A, Subpart III, Section None. submitted to substantiate that the 44701: General requirements. Under extension would provide an acceptable that section, Congress charges the FAA (c) Applicability level of safety. The FAA has not with promoting safe flight of civil This AD applies to all MHI RJ Aviation changed this AD in this regard. aircraft in air commerce by prescribing ULC (type certificate previously held by Bombardier, Inc.) airplanes identified in Conclusion regulations for practices, methods, and procedures the Administrator finds paragraphs (c)(1) through (5) of this AD, The FAA reviewed the relevant data, necessary for safety in air commerce. certificated in any category. considered the comments received, and (1) Model CL–600–2C10 (Regional Jet This regulation is within the scope of Series 700, 701 & 702) airplanes. determined that air safety and the that authority because it addresses an (2) Model CL–600–2C11 (Regional Jet public interest require adopting this AD unsafe condition that is likely to exist or Series 550) airplanes. as proposed, except for minor editorial develop on products identified in this (3) Model CL–600–2D15 (Regional Jet changes. The FAA has determined that rulemaking action. Series 705) airplanes. these minor changes: (4) Model CL–600–2D24 (Regional Jet • Are consistent with the intent that Regulatory Findings Series 900) airplanes. was proposed in the NPRM for (5) Model CL–600–2E25 (Regional Jet This AD will not have federalism Series 1000) airplanes. addressing the unsafe condition; and implications under Executive Order • Do not add any additional burden 13132. This AD will not have a (d) Subject upon the public than was already substantial direct effect on the States, on Air Transport Association (ATA) of proposed in the NPRM. the relationship between the national America Code 30, Rain and Ice Protection. Related Service Information Under 1 government and the States, or on the (e) Reason distribution of power and CFR Part 51 This AD was prompted by a determination responsibilities among the various that a new or more restrictive airworthiness Bombardier has issued CRJ700/900/ levels of government. limitation is necessary. The FAA is issuing 1000 Series Regional Jet Temporary For the reasons discussed above, I this AD to address failed telescopic ducts in Revision ALI–0721, dated December 20, certify that this AD: the wing anti-ice system, which could result 2019. This service information describes in loss of the wing anti-ice system function, (1) Is not a ‘‘significant regulatory slat skew, slat jam, structural damage to the safe life limitation task 30–11–10–701, action’’ under Executive Order 12866, Telescopic Duct, that specifies the life slat panel, and loss of the slat panel, possibly limitation for the telescopic duct. This (2) Will not affect intrastate aviation resulting in reduced control of the airplane. service information is reasonably in Alaska, and (f) Compliance available because the interested parties (3) Will not have a significant Comply with this AD within the have access to it through their normal economic impact, positive or negative, compliance times specified, unless already course of business or by the means on a substantial number of small entities done. identified in the ADDRESSES section. under the criteria of the Regulatory Flexibility Act. (g) Maintenance or Inspection Program Costs of Compliance Revision—Safe Life Limitation Task 30–11– List of Subjects in 14 CFR Part 39 10–701 The FAA estimates that this AD Within 60 days after the effective date of affects 577 airplanes of U.S. registry. Air transportation, Aircraft, Aviation this AD, revise the existing maintenance or The FAA estimates the following costs safety, Incorporation by reference, inspection program, as applicable, to to comply with this AD. Safety. incorporate the information specified in The FAA has determined that revising Adoption of the Amendment [Bombardier] CRJ700/900/1000 Series the maintenance or inspection program Regional Jet Temporary Revision ALI–0721, takes an average of 90 work-hours per Accordingly, under the authority dated December 20, 2019, into Part 2 of the Bombardier CRJ700/900/1000 Maintenance operator, although the agency delegated to me by the Administrator, the FAA amends 14 CFR part 39 as Requirements Manual. The initial recognizes that this number may vary compliance time for doing the tasks is at the from operator to operator. Since follows: time specified in [Bombardier] CRJ700/900/ operators incorporate maintenance or 1000 Series Regional Jet Temporary Revision inspection program changes for their PART 39—AIRWORTHINESS ALI–0721, dated December 20, 2019, or affected fleet(s), the FAA has DIRECTIVES within 60 days after the effective date of this determined that a per-operator estimate AD, whichever occurs later. ■ 1. The authority citation for part 39 is more accurate than a per-airplane (h) No Alternative Actions or Intervals continues to read as follows: estimate. Therefore, the agency After the existing maintenance or estimates the average total cost per Authority: 49 U.S.C. 106(g), 40113, 44701. inspection program has been revised as operator to be $7,650 (90 work-hours × § 39.13 [Amended] required by paragraph (g) of this AD, no $85 per work-hour). alternative actions (e.g., inspections) or ■ intervals may be used unless the actions and Authority for This Rulemaking 2. The FAA amends § 39.13 by adding the following new airworthiness intervals are approved as an alternative Title 49 of the United States Code directive: method of compliance (AMOC) in specifies the FAA’s authority to issue accordance with the procedures specified in 2021–08–03 MHI RJ Aviation ULC (Type paragraph (i)(1) of this AD. rules on aviation safety. Subtitle I, Certificate Previously Held by section 106, describes the authority of Bombardier, Inc.): Amendment 39– (i) Other FAA AD Provisions the FAA Administrator. Subtitle VII: 21497; Docket No. FAA–2020–0911; The following provisions also apply to this Aviation Programs, describes in more Product Identifier 2020–NM–075–AD. AD:

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(1) Alternative Methods of Compliance (5) You may view this service information FAA, Airworthiness Products Section, (AMOCs): The Manager, New York ACO that is incorporated by reference at the Operational Safety Branch, 2200 South Branch, FAA, has the authority to approve National Archives and Records 216th St., Des Moines, WA. For AMOCs for this AD, if requested using the Administration (NARA). For information on information on the availability of this the availability of this material at NARA, procedures found in 14 CFR 39.19. In material at the FAA, call 206–231–3195. accordance with 14 CFR 39.19, send your email [email protected], or go to: https:// request to your principal inspector or local www.archives.gov/federal-register/cfr/ibr- It is also available in the AD docket on Flight Standards District Office, as locations.html. the internet at https:// www.regulations.gov by searching for appropriate. If sending information directly Issued on March 30, 2021. to the manager of the certification office, and locating Docket No. FAA–2020– send it to ATTN: Program Manager, Lance T. Gant, 0965. Continuing Operational Safety, FAA, New Director, Compliance & Airworthiness York ACO Branch, 1600 Stewart Avenue, Division, Aircraft Certification Service. Examining the AD Docket Suite 410, Westbury, NY 11590; telephone [FR Doc. 2021–07624 Filed 4–19–21; 8:45 am] You may examine the AD docket on 516–228–7300; fax 516–794–5531. Before BILLING CODE 4910–13–P the internet at https:// using any approved AMOC, notify your www.regulations.gov by searching for appropriate principal inspector, or lacking a and locating Docket No. FAA–2020– principal inspector, the manager of the local DEPARTMENT OF TRANSPORTATION 0965; or in person at Docket Operations flight standards district office/certificate between 9 a.m. and 5 p.m., Monday holding district office. Federal Aviation Administration (2) Contacting the Manufacturer: For any through Friday, except Federal holidays. The AD docket contains this final rule, requirement in this AD to obtain instructions 14 CFR Part 39 from a manufacturer, the instructions must any comments received, and other be accomplished using a method approved [Docket No. FAA–2020–0965; Project information. The address for Docket by the Manager, New York ACO Branch, Identifier MCAI–2020–01068–T; Amendment Operations is U.S. Department of FAA; or Transport Canada Civil Aviation 39–21502; AD 2021–08–08] Transportation, Docket Operations, (TCCA); or MHI RJ Aviation ULC’s TCCA RIN 2120–AA64 M–30, West Building Ground Floor, Design Approval Organization (DAO). If Room W12–140, 1200 New Jersey approved by the DAO, the approval must Avenue SE, Washington, DC 20590. include the DAO-authorized signature. Airworthiness Directives; Airbus SAS Airplanes FOR FURTHER INFORMATION CONTACT: (j) Related Information Kathleen Arrigotti, Aerospace Engineer, (1) Refer to Mandatory Continuing AGENCY: Federal Aviation Large Aircraft Section, International Airworthiness Information (MCAI) TCCA AD Administration (FAA), Department of Validation Branch, FAA, 2200 South CF–2020–08, dated April 6, 2020, for related Transportation (DOT). 216th St., Des Moines, WA 98198; information. This MCAI may be found in the ACTION: Final rule. telephone and fax 206–231–3218; AD docket on the internet at https:// [email protected]. www.regulations.gov by searching for and SUMMARY: The FAA is adopting a new locating Docket No. FAA–2020–0911. airworthiness directive (AD) for all SUPPLEMENTARY INFORMATION: (2) For more information about this AD, Airbus SAS Model A350–941 and –1041 Background contact Siddeeq Bacchus, Aerospace airplanes. This AD was prompted by a The EASA, which is the Technical Engineer, Mechanical Systems and report that a welding quality issue has Agent for the Member States of the Administrative Services Section, FAA, New been identified in the gimbal joint of the York ACO Branch, 1600 Stewart Avenue, European Union, has issued EASA AD air bleed duct located at each wing-to- Suite 410, Westbury, NY 11590; telephone 2020–0169R1, dated August 19, 2020 pylon interface; the inner ring of a 516–228–7362; fax 516–794–5531; email (EASA AD 2020–0169R1) (also referred gimbal had deformed to an oval shape, [email protected]. to as the Mandatory Continuing which could lead to cracking caused by (k) Material Incorporated by Reference Airworthiness Information, or the direct contact between metal parts. This MCAI), to correct an unsafe condition (1) The Director of the Federal Register AD requires replacing affected bleed approved the incorporation by reference for all Airbus SAS Model A350–941 and duct assemblies and bleed gimbals at –1041 airplanes. (IBR) of the service information listed in this the wing-to-pylon interface with a paragraph under 5 U.S.C. 552(a) and 1 CFR The FAA issued a notice of proposed part 51. serviceable part, as specified in a rulemaking (NPRM) to amend 14 CFR (2) You must use this service information European Union Aviation Safety Agency part 39 by adding an AD that would as applicable to do the actions required by (EASA) AD, which is incorporated by apply to all Airbus SAS Model A350– this AD, unless this AD specifies otherwise. reference. The FAA is issuing this AD 941 and –1041 airplanes. The NPRM (i) [Bombardier] CRJ700/900/1000 Series to address the unsafe condition on these published in the Federal Register on Regional Jet Temporary Revision ALI–0721, products. October 23, 2020 (85 FR 67467). The dated December 20, 2019. DATES: This AD is effective May 25, NPRM was prompted by a report that a (ii) [Reserved] 2021. (3) For service information identified in welding quality issue has been this AD, contact MHI RJ Aviation ULC, 12655 The Director of the Federal Register identified in the gimbal joint of the air Henri-Fabre Blvd., Mirabel, Que´bec J7N 1E1, approved the incorporation by reference bleed duct located at each wing-to- Canada; Widebody Customer Response of a certain publication listed in this AD pylon interface; the inner ring of a Center North America toll-free telephone +1 as of May 25, 2021. gimbal had deformed to an oval shape, 844 272 2720 or direct-dial telephone +1 514 ADDRESSES: For material incorporated which could lead to cracking caused by 855 8500; fax +1–514 855–8501; email by reference (IBR) in this AD, contact direct contact between metal parts. The [email protected]; internet https:// EASA, Konrad-Adenauer-Ufer 3, 50668 NPRM proposed to require replacing mhirj.com. Cologne, Germany; telephone +49 221 (4) You may view this service information affected bleed duct assemblies and at the FAA, Airworthiness Products Section, 8999 000; email [email protected]; bleed gimbals at the wing-to-pylon Operational Safety Branch, 2200 South 216th internet www.easa.europa.eu. You may interface with a serviceable part, as St., Des Moines, WA. For information on the find this IBR material on the EASA specified in EASA AD 2020–0169R1. availability of this material at the FAA, call website at https://ad.easa.europa.eu. The FAA is issuing this AD to address 206–231–3195. You may view this IBR material at the a welding quality issue that could cause

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cracking, and could lead to hot bleed air specifying minimum clearances. DAL the service information referenced in leakage in the pylon area, and possibly added that including minimum EASA AD 2020–0169R1, specifies doing result in loss of the pneumatic system clearance dimensions in the notes in the a ‘‘general visual inspection’’ and and exposure of the wing structure to referenced figures will make them ‘‘detailed inspection’’ of the bleed high temperatures, and lead to reduced mandatory. gimbals and bleed gimbal records, this structural integrity of the airplane. See The FAA agrees to provide AD allows for an inspection to the MCAI for additional background clarification regarding these issues. determine the part number and information. Airbus has confirmed that the notes manufacturing date of the bleed Comments could have been written without gimbals. mentioning general terms like Conclusion The FAA gave the public the ‘‘elements’’ or ‘‘wing environment,’’ but opportunity to participate in developing all drawing references and the The FAA reviewed the relevant data, this final rule. The following presents clearances expressed in them are considered the comments received, and the comments received on the NPRM correct. Specifying minimum clearance determined that air safety and the and the FAA’s response to each dimensions in the referenced figures is public interest require adopting this comment. intentional and needed to address the final rule with the changes described Request To Correct Notes and unsafe condition identified in this AD. previously and minor editorial changes. Clearances in the Referenced Service The FAA has not changed the AD in this The FAA has determined that these Information regard. minor changes: • Are consistent with the intent that Delta Airlines (DAL) stated that the Request To Clarify Verbiage in the was proposed in the NPRM for service information referenced in EASA Referenced Service Information AD 2020–0169R1 calls out the wrong addressing the unsafe condition; and • note in several locations. DAL stated DAL stated that the service Do not add any additional burden that view A–A, ‘‘The Wing information referenced in EASA AD upon the public than was already Environment,’’ in SHEET 3/3 of Figure 2020–0169R1 uses the terms ‘‘detailed proposed in the NPRM. ICN–A350–A–36XXP023–A–FAPE3– inspection of bleed gimbals’’ and The FAA also determined that these 05BQ7–A–001–01; and SHEET 3/3 of ‘‘general visual inspection of bleed changes will not increase the economic Figure ICN–A350–A–36XXP024–A– gimbal records.’’ DAL commented that burden on any operator or increase the FAPE3–05CCU–A–001–01; calls out these terms are confusing and negate the scope of this final rule. Note 03 and this should be Note 04. FAA’s definition of general visual inspection. DAL proposed the Related Service Information Under 1 DAL also stated that in View B–B, those CFR Part 51 figures call out Note 04 and this should following, which it stated is the FAA’s be Note 03. The FAA infers that DAL is standard wording: ‘‘perform a detailed EASA AD 2020–0169R1 describes requesting the FAA add an exception to visual inspection on bleed gimbals’’ and procedures for replacing affected bleed the proposed AD to clarify the correct ‘‘review aircraft maintenance records for duct assemblies and bleed gimbals at note numbers. bleed gimbal removals.’’ the wing-to-pylon interface with DAL commented that when reviewing The FAA agrees to provide serviceable parts. This material is maintenance procedure (MP) A350–A– clarification. The FAA contacted EASA reasonably available because the 36–11–48–08001–720A–A, it noted that for clarification of the inspections interested parties have access to it the MP does not specify a clearance specified in the service information through their normal course of business during the installation process and it referenced in EASA AD 2020–0169R1. or by the means identified in the does not mention clearance to structure. The intent of the ‘‘detailed inspection of ADDRESSES section. DAL stated that both notes in the bleed gimbals’’ and the ‘‘general visual Costs of Compliance referenced figures should use the same inspection of the bleed gimbal records’’ standard as the MP installation is to verify the part numbers and The FAA estimates that this AD instructions, which is, ‘‘Make sure there manufacturing dates of the bleed affects 13 airplanes of U.S. registry. The is clearance between structure and gimbals. The FAA has added paragraph FAA estimates the following costs to sensing elements,’’ rather than (h)(3) of this AD to clarify that where comply with this AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

Cost on U.S. Labor cost Parts cost Cost per product operators

25 work-hours × $85 per hour = $2,125 ...... Up to $48,800 ...... Up to $50,925 ...... Up to $662,025.

Authority for This Rulemaking Subtitle VII, Part A, Subpart III, Section develop on products identified in this Title 49 of the United States Code 44701: General requirements. Under rulemaking action. that section, Congress charges the FAA specifies the FAA’s authority to issue Regulatory Findings rules on aviation safety. Subtitle I, with promoting safe flight of civil section 106, describes the authority of aircraft in air commerce by prescribing This AD will not have federalism the FAA Administrator. Subtitle VII: regulations for practices, methods, and implications under Executive Order Aviation Programs, describes in more procedures the Administrator finds 13132. This AD will not have a detail the scope of the Agency’s necessary for safety in air commerce. substantial direct effect on the States, on authority. This regulation is within the scope of the relationship between the national The FAA is issuing this rulemaking that authority because it addresses an government and the States, or on the under the authority described in unsafe condition that is likely to exist or distribution of power and

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responsibilities among the various (f) Compliance procedures and tests must be done to comply levels of government. Comply with this AD within the with this AD; any procedures or tests that are For the reasons discussed above, I compliance times specified, unless already not identified as RC are recommended. Those certify that this AD: done. procedures and tests that are not identified as RC may be deviated from using accepted (1) Is not a ‘‘significant regulatory (g) Requirements methods in accordance with the operator’s action’’ under Executive Order 12866, Except as specified in paragraph (h) of this maintenance or inspection program without AD: Comply with all required actions and (2) Will not affect intrastate aviation obtaining approval of an AMOC, provided compliance times specified in, and in in Alaska, and the procedures and tests identified as RC can (3) Will not have a significant accordance with, European Union Aviation Safety Agency (EASA) AD 2020–0169R1, be done and the airplane can be put back in economic impact, positive or negative, dated August 19, 2020 (EASA AD 2020– an airworthy condition. Any substitutions or on a substantial number of small entities 0169R1). changes to procedures or tests identified as under the criteria of the Regulatory RC require approval of an AMOC. Flexibility Act. (h) Exceptions to EASA AD 2020–0169R1 (1) Where EASA AD 2020–0169R1 refers to (k) Related Information List of Subjects in 14 CFR Part 39 its effective date, this AD requires using the For more information about this AD, Air transportation, Aircraft, Aviation effective date of this AD. contact Kathleen Arrigotti, Aerospace (2) The ‘‘Remarks’’ section of EASA AD safety, Incorporation by reference, Engineer, Large Aircraft Section, 2020–0169R1 does not apply to this AD. International Validation Branch, FAA, 2200 Safety. (3) Where the service information South 216th St., Des Moines, WA 98198; Adoption of the Amendment referenced in paragraph (2) of EASA AD 2020–0169R1 specifies doing a ‘‘general telephone and fax 206–231–3218; Accordingly, under the authority visual inspection’’ and ‘‘detailed inspection’’ [email protected]. delegated to me by the Administrator, of bleed gimbal records and bleed gimbals, (l) Material Incorporated by Reference this AD allows for an inspection to determine the FAA amends 14 CFR part 39 as (1) The Director of the Federal Register follows: the part number and manufacturing date of the bleed gimbals. A review of airplane approved the incorporation by reference PART 39—AIRWORTHINESS maintenance records is acceptable in lieu of (IBR) of the service information listed in this DIRECTIVES this inspection for the part number of the paragraph under 5 U.S.C. 552(a) and 1 CFR bleed gimbals if it can be conclusively part 51. determined from that review. ■ 1. The authority citation for part 39 (2) You must use this service information continues to read as follows: (i) No Reporting Requirement as applicable to do the actions required by this AD, unless this AD specifies otherwise. Authority: 49 U.S.C. 106(g), 40113, 44701. Although the service information referenced in EASA AD 2020–0169R1 (i) European Union Aviation Safety Agency § 39.13 [Amended] specifies to submit certain information to the (EASA) AD 2020–0169R1, dated August 19, manufacturer, this AD does not include that 2020. ■ 2. The FAA amends § 39.13 by adding requirement. (ii) [Reserved] the following new airworthiness (3) For EASA AD 2020–0169R1, contact (j) Other FAA AD Provisions directive: EASA, Konrad-Adenauer-Ufer 3, 50668 The following provisions also apply to this Cologne, Germany; telephone +49 221 8999 2021–08–08 Airbus SAS: Amendment 39– AD: 21502; Docket No. FAA–2020–0965; 000; email [email protected]; internet (1) Alternative Methods of Compliance www.easa.europa.eu. You may find this Project Identifier MCAI–2020–01068–T. (AMOCs): The Manager, Large Aircraft EASA AD on the EASA website at https:// (a) Effective Date Section, International Validation Branch, FAA, has the authority to approve AMOCs ad.easa.europa.eu. This airworthiness directive (AD) is for this AD, if requested using the procedures (4) You may view this material at the FAA, effective May 25, 2021. found in 14 CFR 39.19. In accordance with Airworthiness Products Section, Operational (b) Affected ADs 14 CFR 39.19, send your request to your Safety Branch, 2200 South 216th St., Des None. principal inspector or responsible Flight Moines, WA. For information on the Standards Office, as appropriate. If sending availability of this material at the FAA, call (c) Applicability information directly to the Large Aircraft 206–231–3195. This material may be found This AD applies to all Airbus SAS Model Section, International Validation Branch, in the AD docket on the internet at https:// A350–941 and –1041 airplanes, certificated send it to the attention of the person www.regulations.gov by searching for and in any category. identified in paragraph (k) of this AD. locating Docket No. FAA–2020–0965. Information may be emailed to: 9-AVS-AIR- (5) You may view this material that is (d) Subject [email protected]. Before using any incorporated by reference at the National Air Transport Association (ATA) of approved AMOC, notify your appropriate Archives and Records Administration America Code 36, Pneumatic. principal inspector, or lacking a principal inspector, the manager of the responsible (NARA). For information on the availability (e) Reason Flight Standards Office. of this material at NARA, email fedreg.legal@ This AD was prompted by a report that a (2) Contacting the Manufacturer: For any nara.gov, or go to: https://www.archives.gov/ welding quality issue has been identified in requirement in this AD to obtain instructions federal-register/cfr/ibr-locations.html. the gimbal joint of the air bleed duct located from a manufacturer, the instructions must Issued on April 1, 2021. at each wing-to-pylon interface; the inner be accomplished using a method approved ring of a gimbal had deformed to an oval by the Manager, Large Aircraft Section, Lance T. Gant, shape, which could lead to cracking caused International Validation Branch, FAA; or Director, Compliance & Airworthiness by direct contact between metal parts. The EASA; or Airbus SAS’s EASA Design Division, Aircraft Certification Service. FAA is issuing this AD to address this Organization Approval (DOA). If approved by [FR Doc. 2021–08057 Filed 4–19–21; 8:45 am] condition, which could lead to hot bleed air the DOA, the approval must include the leakage in the pylon area, and possibly result DOA-authorized signature. BILLING CODE 4910–13–P in loss of the pneumatic system and exposure (3) Required for Compliance (RC): Except of the wing structure to high temperatures, as required by paragraph (j)(2) of this AD, if and lead to reduced structural integrity of the any service information contains procedures airplane. or tests that are identified as RC, those

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FEDERAL COMMUNICATIONS then in effect. The decision, which PART 1—PRACTICE AND COMMISSION added references to electronic filing in PROCEDURE multiple rule parts, was published in 47 CFR Part 1 the Federal Register on December 29, ■ 1. The authority citation to part 1 2020. The modifications to § 1.1307 are continues to read as follows: [WT Docket No. 19–212; DA 21–387; FR ID 20567] not scheduled to take effect until June Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 29, 2021. U.S.C. 2461 note, unless otherwise noted. Completing the Transition to Procedural Matters ■ 2. Section 1.1307 is amended by Electronic Filing, Licenses and revising paragraph (b)(1)(ii) to read as Authorizations, and Correspondence A. Final Regulatory Flexibility Analysis follows: in the Wireless Radio Services 2. Section 603 of the Regulatory Flexibility Act, as amended, requires a § 1.1307 Actions that may have a AGENCY: Federal Communications significant environmental effect, for which Commission. regulatory flexibility analysis in notice Environmental Assessments (EA) must be and comment rulemaking proceedings. prepared. ACTION: Final rule. See 5 U.S.C. 603(a). As we are adopting * * * * * these rules without notice and SUMMARY: In this document, the Federal (b)(1) * * * comment, no regulatory flexibility Communications Commission (ii) Compliance with these limits for analysis is required. (Commission) adopted an Order fixed RF source(s) may be accomplished announcing changes to the B. Final Paperwork Reduction Act of by use of mitigation actions, as provided Commission’s rules that will become 1995 Analysis in § 1.1307(b)(4). Upon request by the effective. To conform changes to a rule 3. This document does not contain Commission, the party seeking or regarding submission of environmental new or modified information collection holding such authorization must assessments that the Commission had requirements subject to the Paperwork electronically submit technical made in two prior decisions, the Reduction Act of 1995 (PRA), Public information showing the basis for such Commission amends the non- Law 104–13. In addition, therefore, it compliance, either by exemption or substantive, editorial revisions by does not contain any new or modified evaluation. Notwithstanding the adding language pertaining to electronic information collection burden for small preceding requirements, in the event filing. business concerns with fewer than 25 that RF sources cause human exposure DATES: Effective June 29, 2021. employees, pursuant to the Small to levels of RF radiation in excess of the FOR FURTHER INFORMATION CONTACT: Business Paperwork Relief Act of 2002, limits in § 1.1310 of this chapter, such Warren Firschein email: Public Law 107–198, see 44 U.S.C. RF exposure exemptions and [email protected] of the Office of 3506(c)(4). evaluations are not deemed sufficient to the Managing Director; or call the Office show that there is no significant effect of the Managing Director at (202) 418– C. Congressional Review Act on the quality of the human 2653. 4. The Commission will not send a environment or that the RF sources are categorically excluded from SUPPLEMENTARY INFORMATION: This is a copy of the Order pursuant to the environmental processing. synopsis of the Commission’s Order, ET Congressional Review Act, see 5 U.S.C. Docket No. 19–126, DA 21–387, adopted 801(a)(1)(A), because the adopted rules * * * * * and released on April 2, 2021. The full are rules of agency organization, [FR Doc. 2021–07719 Filed 4–19–21; 8:45 am] text of this document is available for procedure, or practice that do not BILLING CODE 6712–01–P public inspection and can be ‘‘substantially affect the rights or downloaded at: https://docs.fcc.gov/ obligations of non-agency parties. See 5 FEDERAL COMMUNICATIONS public/attachments/DA-21-387A1.pdf or U.S.C. 804(3)(C). COMMISSION by using the search function for ET Ordering Clause Docket No. 19–126 on the Commission’s 47 CFR Parts 1 and 2 ECFS web page at www.fcc.gov/ecfs. 5. Accordingly, it is ordered, pursuant to the authority delegated under 47 CFR [ET Docket Nos. 03–137, 13–84, 19–226; DA Synopsis 0.23l(b), 47 CFR 1.1307(b) is amended 21–363; FR ID 20760] 1. The Commission updated the as set forth below effective June 29. Human Exposure to Radiofrequency language of 47 CFR 1.1307(b) of the 2021 and substituting for and Electromagnetic Fields and Commission’s rules to insert the word superseding the corresponding Reassessment of FCC Radiofrequency ‘‘electronically.’’ This step is necessary amendment to § 1.1307(b) contained in Exposure Limits and Policies because of two separate actions the 85 FR 33578 that would otherwise Commission took to amend § 1.1307 of become effective on June 29, 2021. AGENCY: Federal Communications the rules. On December 4, 2019, the List of Subjects in 47 CFR Part 1 Commission. Commission adopted a Second Report Administrative practice and ACTION: Final rule; announcement of and Order in ET Docket No. 19–226, effective date. FCC 19–126. The Report and Order procedure. made amendments to § 1.1307(b) that Federal Communications Commission. SUMMARY: In this document, the did not take effect immediately, pending Marlene Dortch, Commission announces that the Office concurrence by the Office of Secretary. of Management and Budget (OMB) has Management and Budget under the approved, for a period of three years, the Paperwork Reduction Act. On Final Rules information collection requirements September 16, 2020, the Commission For the reasons discussed in the associated with the Commission’s RF adopted a Report and Order in WT preamble, the Federal Communications Safety Rulemaking Second Report and Docket No. 19–212, FCC 20–126, that Commission amends 47 CFR part 1 as Order (Order). This document is modified the text of § 1.1307(b) that was follows: consistent with the Order, which stated

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that the Commission would publish a Number. The OMB Control Numbers are below. These rules will become effective document in the Federal Register 3060–0004 and 3060–0057. on May 3, 2021. announcing the effective date of those The foregoing notice is required by The Second Report and Order also rules. the Paperwork Reduction Act of 1995, provided a two-year period for existing Public Law 104–13, October 1, 1995, licensees to ensure that they are in DATES: The final rule amending and 44 U.S.C. 3507. compliance with the new rules. The §§ 1.1307, 2.1091, and 2.1093 The total annual reporting burdens Commission confirmed that this period (amendatory instructions 2, 7, and 8), and costs for the respondents are as begins upon the effective date of the published at 85 FR 18131, April 1, 2020, follows: rules. It further stated that new facilities delayed indefinitely at 85 FR 33578, OMB Control Number: 3060–0004. and operations (e.g., broadcast facilities June 2, 2020, are effective May 3, 2021. OMB Approval Date: March 1, 2021. and wireless base stations) will be FOR FURTHER INFORMATION CONTACT: OMB Expiration Date: March 31, subject to compliance with the new Martin Doczkat, Office of Engineering 2024. rules upon the effective date of the and Technology Bureau, at (202) 418– Title: Sections 1.1307 and 1.1311, rules. ‘‘New facilities’’ means facilities 2435, or email: [email protected]. Guidelines for Evaluating the authorized on a site-specific basis on or SUPPLEMENTARY INFORMATION: This Environmental Effects of after the effective date of the new rules document announces that, on March 1, Radiofrequency. or, for facilities deployed and operating 2021 OMB approved, for a period of Form Number: N/A. under existing license authorization or three years, the information collection Respondents: Business or other for- rule part (such as a geographic area requirements relating to the profit; Not-for-profit institutions, license or unlicensed or licensed by Radiofrequency ‘‘RF’’ Exposure Individuals or households, State, Local rule), facilities whose construction and Evaluation rules contained in the or Tribal Government. operation is completed on or after that Number of Respondents and Commission’s Order, FCC 19–126, date. A facility will still be ‘‘new’’ for Responses: 335,441 respondents; published at 85 FR 33578, June 2, 2020. these purposes even if it is located on 335,441 responses. The OMB Control Numbers are 3060– an existing, registered antenna structure. Estimated Time per Response: 5 0004 and 3060–0057. The Commission In addition, any facility or operation minutes (0.0833 hours)—20 hours. publishes this document as an that is modified in a way that could Frequency of Response: On occasion affect RF exposure after the effective announcement of the effective date of reporting requirements; Recordkeeping the rules. If you have any comments on date of the rules also must comply with requirements and third party disclosure the new rules no later than the time at the burden estimates listed below, or requirement. how the Commission can improve the which it is modified. Obligation to Respond: Required to All other licensees and operators of collections and reduce any burdens obtain or retain benefits. Statutory existing facilities and operations will caused thereby, please contact Nicole authority for this information collection have two years from May 3, 2021 to Ongele, Federal Communications is contained in 47 U.S.C. 154(i), 302, ensure that they are in compliance with Commission, 45 L Street NE, 303, 303(r), and 307. the new rules. This includes parties Washington, DC 20554. Please include Total Annual Burden: 41,997 hours. whose licenses are renewed during the the OMB Control Numbers, 3060–0004 Total Annual Cost: $2,933,431. two-year period and those who make and 3060–0057, in your Nature and Extent of Confidentiality: modifications that would not affect RF correspondence. The Commission will Minimal exemption from the Freedom exposure (such as administrative also accept your comments via email at of Information Act (FOIA) under 5 updates). These parties will have to [email protected]. U.S.C. 552(b)(4) and FCC rules under 47 determine whether any of their existing To request materials in accessible CFR 0.457(d) is granted for trade secrets facilities and operations that were formats for people with disabilities and privileged or confidential previously excluded under the old rules (Braille, large print, electronic files, commercial or financial information, qualify for an exemption under the new audio format), send an email to fcc504@ which may be submitted to the rules. If they do not qualify for an fcc.gov or call the Consumer and Commission as part of the exemption, they must perform an Governmental Affairs Bureau at (202) documentation of test results. No other evaluation. Facilities and operations 418–0530 (voice), (202) 418–0432 assurances of confidentiality are that require mitigation must come into (TTY). provided to respondents. compliance with the new, detailed Synopsis Privacy Act Impact Assessment: No requirements for signage, access control, impact(s). etc. While these parties may rely upon As required by the Paperwork Needs and Uses: On November 27, their compliance with the rules as they Reduction Act of 1995 (44 U.S.C. 3507), 2019, the Commission adopted the RF existed prior to the RF Report and Order the FCC is notifying the public that it Second Report and Order, ET Docket during the two-year period, they must received final OMB approval on March 03–137, 13–84 and 19–226, FCC 19–126, comply with the new rules no later than 1, 2021, for the information collection which involves updates to 47 CFR part the end of the two-year period. requirements contained in the 1—Actions that may have a significant modifications to the Commission’s rules OMB Control Number: 3060–0057. environmental effect, for which OMB Approval Date: March 1, 2021. in 47 CFR parts 1 and 2. Environmental Assessments (EA) must OMB Expiration Date: March 31, Under 5 CFR part 1320, an agency be prepared. The Second Report and 2024. may not conduct or sponsor a collection Order included amendments to rule Title: Application for Equipment of information unless it displays a section 1.1307 requiring approval by Authorization. current, valid OMB Control Number. OMB under the Paperwork Reduction Form Number: FCC Form 731. No person shall be subject to any Act. Revisions to the associated Respondents: Business or other for- penalty for failing to comply with a information collection effected by the profit. collection of information subject to the amendments to rule section 1.1307 are Number of Respondents and Paperwork Reduction Act that does not reported herein. Accordingly, 47 CFR Responses: 11,305 respondents; 24,873 display a current, valid OMB Control 1.1307 was amended to read as shown responses.

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Estimated Time per Response: 8.11 covered by a Privacy Impact Assessment rules will become effective on May 3, hours (rounded). (PIA), Equipment Authorizations 2021. Frequency of Response: On occasion Records and Files Information System. With respect to the two-year period reporting requirements; and third party It is posted at: https://www.fcc.gov/ provided by the Second Report and disclosure requirement. general/privacy-act-information#pia. Order for existing licensees to ensure Obligation to Respond: Required to Needs and Uses: On November 27, that they are in compliance with the obtain or retain benefits. Statutory 2019, the Commission adopted the RF new rules, the Commission stated that, authority for this collection of Second Report and Order, ET Docket for transmitting equipment, parties may information is contained in 47 U.S.C. continue to rely upon their compliance 03–137, 13–84 and 19–226, FCC 19–126, 154(i), 301, 302, 303(e), 303(f) and with the rules as they existed prior to which involves updates to 47 CFR part 303(r). the RF Report and Order as long as 2—Radiofrequency (RF) Exposure Total Annual Burden: 201,603 hours. certified equipment is not modified in a Evaluation. The Second Report and Total Annual Cost: $50,155,140. way that could affect RF exposure; it Order included amendments to rule Nature and Extent of Confidentiality: confirmed that a two-year review period Minimal exemption from the Freedom sections 2.1091 and 2.1093 requiring is not needed for such equipment. of Information Act (FOIA) under 5 approval by OMB under the Paperwork Certification applications for new and U.S.C. 552(b)(4) and FCC rules under 47 Reduction Act. Revisions to the modified equipment must follow the CFR 0.457(d) is granted for trade secrets associated information collection Commission’s equipment authorization which may be submitted as attachments effected by amendments to rule sections procedures that are currently in effect. to the application FCC Form 731. No 2.1091 and 2.1093 are reported herein. other assurances of confidentiality are Accordingly, 47 CFR 2.1091 was Federal Communications Commission. provided to respondents. amended by revising paragraphs (b), (c), Marlene Dortch, Privacy Act Impact Assessment: Yes. (d)(1), and (d)(2) and 47 CFR 2.1093 was Secretary, Office of the Secretary. The personally identifiable information amended by revising paragraphs (b), (c) [FR Doc. 2021–07720 Filed 4–19–21; 8:45 am] (PII) in this information collection is and (d) to read as set forth below. These BILLING CODE 6712–01–P

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Proposed Rules Federal Register Vol. 86, No. 74

Tuesday, April 20, 2021

This section of the FEDERAL REGISTER • Hand Delivery: Deliver to Mail www.regulations.gov, including any contains notices to the public of the proposed address above between 9 a.m. and 5 personal information you provide. The issuance of rules and regulations. The p.m., Monday through Friday, except agency will also post a report purpose of these notices is to give interested Federal holidays. summarizing each substantive verbal persons an opportunity to participate in the For service information identified in contact received about this NPRM. rule making prior to the adoption of the final this NPRM, contact De Havilland rules. Confidential Business Information Aircraft of Canada Limited, Q-Series Technical Help Desk, 123 Garratt CBI is commercial or financial DEPARTMENT OF TRANSPORTATION Boulevard, Toronto, Ontario M3K 1Y5, information that is both customarily and Canada; telephone 416–375–4000; fax actually treated as private by its owner. Federal Aviation Administration 416–375–4539; email thd@ Under the Freedom of Information Act dehavilland.com; internet https:// (FOIA) (5 U.S.C. 552), CBI is exempt 14 CFR Part 39 dehavilland.com. You may view this from public disclosure. If your service information at the FAA, comments responsive to this NPRM [Docket No. FAA–2021–0312; Project Airworthiness Products Section, contain commercial or financial Identifier MCAI–2020–01376–T] Operational Safety Branch, 2200 South information that is customarily treated RIN 2120–AA64 216th St., Des Moines, WA. For as private, that you actually treat as information on the availability of this private, and that is relevant or Airworthiness Directives; De Havilland material at the FAA, call 206–231–3195. responsive to this NPRM, it is important that you clearly designate the submitted Aircraft of Canada Limited (Type Examining the AD Docket Certificate Previously Held by comments as CBI. Please mark each Bombardier, Inc.) Airplanes You may examine the AD docket at page of your submission containing CBI https://www.regulations.gov by as ‘‘PROPIN.’’ The FAA will treat such AGENCY: Federal Aviation searching for and locating Docket No. marked submissions as confidential Administration (FAA), DOT. FAA–2021–0312; or in person at Docket under the FOIA, and they will not be ACTION: Notice of proposed rulemaking Operations between 9 a.m. and 5 p.m., placed in the public docket of this (NPRM). Monday through Friday, except Federal NPRM. Submissions containing CBI holidays. The AD docket contains this should be sent to Aziz Ahmed, SUMMARY: The FAA proposes to adopt a NPRM, any comments received, and Aerospace Engineer, Airframe and new airworthiness directive (AD) for other information. The street address for Propulsion Section, FAA, New York certain De Havilland Aircraft of Canada Docket Operations is listed above. ACO Branch, 1600 Stewart Avenue, Limited Model DHC–8–102, –103, and FOR FURTHER INFORMATION CONTACT: Aziz Suite 410, Westbury, NY 11590; –106 airplanes; Model DHC–8–201 and Ahmed, Aerospace Engineer, Airframe telephone 516–228–7329; fax 516–794– –202 airplanes; Model DHC–8–301, and Propulsion Section, FAA, New York 5531; email [email protected]. –311, and –315 airplanes; and Model ACO Branch, 1600 Stewart Avenue, Any commentary that the FAA receives DHC–8–400, –401, and –402 airplanes. Suite 410, Westbury, NY 11590; which is not specifically designated as This proposed AD was prompted by telephone 516–228–7329; fax 516–794– CBI will be placed in the public docket reports that mounting nuts attaching the 5531; email [email protected]. for this rulemaking. rudder actuator bracket to the vertical SUPPLEMENTARY INFORMATION: stabilizer have been found cracked or Background missing due to hydrogen embrittlement. Comments Invited Transport Canada Civil Aviation This proposed AD would require a one- The FAA invites you to send any (TCCA), which is the aviation authority time inspection of the rudder actuator written relevant data, views, or for Canada, has issued TCCA AD CF– bracket mounting nuts, and corrective arguments about this proposal. Send 2020–34, dated October 6, 2020 (TCCA actions if necessary. The FAA is your comments to an address listed AD CF–2020–34) (also referred to after proposing this AD to address the unsafe under ADDRESSES. Include ‘‘Docket No. this as the Mandatory Continuing condition on these products. FAA–2021–0312; Project Identifier Airworthiness Information, or the DATES: The FAA must receive comments MCAI–2020–01376–T’’ at the beginning MCAI), to correct an unsafe condition on this proposed AD by June 4, 2021. of your comments. The most helpful for certain De Havilland Aircraft of ADDRESSES: You may send comments, comments reference a specific portion of Canada Limited Model DHC–8–102, using the procedures found in 14 CFR the proposal, explain the reason for any –103, and –106 airplanes; Model DHC– 11.43 and 11.45, by any of the following recommended change, and include 8–201 and –202 airplanes; Model DHC– methods: supporting data. The FAA will consider 8–301, –311, –314, and –315 airplanes; • Federal eRulemaking Portal: Go to all comments received by the closing and Model DHC–8–400, –401, and –402 https://www.regulations.gov. Follow the date and may amend the proposal airplanes. Model DHC–8–314 airplanes instructions for submitting comments. because of those comments. are not certificated by the FAA and are • Fax: 202–493–2251. Except for Confidential Business not included on the U.S. type certificate • Mail: U.S. Department of Information (CBI) as described in the data sheet; this proposed AD therefore Transportation, Docket Operations, following paragraph, and other does not include those airplanes in the M–30, West Building Ground Floor, information as described in 14 CFR applicability. You may examine the Room W12–140, 1200 New Jersey 11.35, the FAA will post all comments MCAI in the AD docket at https:// Avenue SE, Washington, DC 20590. received, without change, to https:// www.regulations.gov by searching for

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and locating Docket No. FAA–2021– 84–27–74, Revision B, dated September notified of the unsafe condition 0312. 8, 2020. This service information described in the MCAI and service This proposed AD was prompted by specifies procedures for doing a detailed information referenced above. The FAA reports that mounting nuts attaching the visual inspection of the nuts attaching is proposing this AD because the FAA rudder actuator bracket to the vertical the rudder actuator brackets to the rear evaluated all the relevant information stabilizer have been found cracked or spar. If the nuts are corroded, cracked, and determined the unsafe condition missing due to hydrogen embrittlement. or otherwise damaged, or if they are described previously is likely to exist or The FAA is proposing this AD to missing, they are replaced. These develop on other products of the same address the possible loss of the rudder documents are distinct since they apply type design. actuator bracket, which could result in to different airplane models. This Proposed AD Requirements in This a dormant disconnection between the service information is reasonably NPRM rudder actuator and the vertical available because the interested parties stabilizer. This condition, if not have access to it through their normal This proposed AD would require addressed, could result in a loss of course of business or by the means accomplishing the actions specified in directional control of the aircraft. See identified in the ADDRESSES section. the service information already the MCAI for additional background described. FAA’s Determination information. Costs of Compliance This product has been approved by Related Service Information Under 1 the aviation authority of another The FAA estimates that this AD, if CFR Part 51 country, and is approved for operation adopted as proposed, would affect 69 De Havilland has issued Service in the United States. Pursuant to the airplanes of U.S. registry. The FAA Bulletin 8–27–123, Revision A, dated FAA’s bilateral agreement with the State estimates the following costs to comply September 8, 2020; and Service Bulletin of Design Authority, the FAA has been with this proposed AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

Cost per Cost on U.S. Labor cost Parts cost product operators

3 work-hours × $85 per hour = $255 ...... $0 $255 $17,595

The FAA estimates the following results of the proposed inspection. The number of aircraft that might need this costs to do any necessary replacement agency has no way of determining the replacement: that would be required based on the

ON-CONDITION COSTS

Cost per Action Labor cost Parts cost product

Nut replacement ...... 2 work-hours × $85 per hour = $170 ...... Minimal ...... $170

Authority for This Rulemaking Regulatory Findings List of Subjects in 14 CFR Part 39 Title 49 of the United States Code The FAA determined that this Air transportation, Aircraft, Aviation specifies the FAA’s authority to issue proposed AD would not have federalism safety, Incorporation by reference, rules on aviation safety. Subtitle I, implications under Executive Order Safety. section 106, describes the authority of 13132. This proposed AD would not The Proposed Amendment the FAA Administrator. Subtitle VII: have a substantial direct effect on the Accordingly, under the authority Aviation Programs, describes in more States, on the relationship between the delegated to me by the Administrator, detail the scope of the Agency’s national Government and the States, or authority. the FAA proposes to amend 14 CFR part on the distribution of power and 39 as follows: The FAA is issuing this rulemaking responsibilities among the various under the authority described in levels of government. PART 39—AIRWORTHINESS Subtitle VII, Part A, Subpart III, Section For the reasons discussed above, I DIRECTIVES 44701: General requirements. Under certify this proposed regulation: that section, Congress charges the FAA ■ 1. The authority citation for part 39 with promoting safe flight of civil (1) Is not a ‘‘significant regulatory continues to read as follows: action’’ under Executive Order 12866, aircraft in air commerce by prescribing Authority: 49 U.S.C. 106(g), 40113, 44701. regulations for practices, methods, and (2) Would not affect intrastate procedures the Administrator finds aviation in Alaska, and § 39.13 [Amended] necessary for safety in air commerce. (3) Would not have a significant ■ 2. The FAA amends § 39.13 by adding This regulation is within the scope of economic impact, positive or negative, the following new airworthiness that authority because it addresses an on a substantial number of small entities directive: unsafe condition that is likely to exist or under the criteria of the Regulatory De Havilland Aircraft of Canada Limited develop on products identified in this Flexibility Act. (Type Certificate Previously Held by rulemaking action. Bombardier, Inc.): Docket No. FAA–

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2021–0312; Project Identifier MCAI– (h) Credit for Previous Actions dehavilland.com. You may view this service 2020–01376–T. This paragraph provides credit for actions information at the FAA, Airworthiness Products Section, Operational Safety Branch, (a) Comments Due Date required by paragraph (g) of this AD, if those actions were performed before the effective 2200 South 216th St., Des Moines, WA. For The FAA must receive comments on this date of this AD using De Havilland Service information on the availability of this airworthiness directive (AD) by June 4, 2021. Bulletin 8–27–123, dated December 20, 2019; material at the FAA, call 206–231–3195. (b) Affected ADs De Havilland Service Bulletin 84–27–74, Issued on April 13, 2021. dated December 20, 2019; or De Havilland None. Gaetano A. Sciortino, Service Bulletin 84–27–74, Revision A, dated Deputy Director for Strategic Initiatives, (c) Applicability January 20, 2020; as applicable. Compliance & Airworthiness Division, This AD applies to De Havilland Aircraft (i) No Reporting Requirement Aircraft Certification Service. of Canada Limited (type certificate Although De Havilland Service Bulletin 8– [FR Doc. 2021–07985 Filed 4–19–21; 8:45 am] previously held by Bombardier, Inc.) 27–123, Revision A, dated September 8, airplanes, certificated in any category, and BILLING CODE 4910–13–P 2020; and De Havilland Service Bulletin 84– identified in paragraphs (c)(1) through (4) of 27–74, Revision B, dated September 8, 2020, this AD. specify to submit certain information to the (1) Model DHC–8–102, –103, and –106 DEPARTMENT OF TRANSPORTATION manufacturer, this AD does not include that airplanes, as identified in De Havilland requirement. Service Bulletin 8–27–123, Revision A, dated Federal Aviation Administration September 8, 2020. (j) Other FAA AD Provisions (2) Model DHC–8–201 and –202 airplanes, The following provisions also apply to this 14 CFR Part 39 as identified in De Havilland Service Bulletin AD: 8–27–123, Revision A, dated September 8, [Docket No. FAA–2021–0309; Project (1) Alternative Methods of Compliance Identifier MCAI–2020–00918–T] 2020. (AMOCs): The Manager, New York ACO (3) Model DHC–8–301, –311, and –315 Branch, FAA, has the authority to approve RIN 2120–AA64 airplanes, as identified in De Havilland AMOCs for this AD, if requested using the Service Bulletin 8–27–123, Revision A, dated procedures found in 14 CFR 39.19. In Airworthiness Directives; MHI RJ September 8, 2020. accordance with 14 CFR 39.19, send your Aviation ULC (Type Certificate (4) Model DHC–8–400, –401, and –402 request to your principal inspector or Previously Held by Bombardier, Inc.) airplanes, as identified in De Havilland responsible Flight Standards Office, as Service Bulletin 84–27–74, Revision B, dated Airplanes appropriate. If sending information directly September 8, 2020. to the manager of the certification office, AGENCY: Federal Aviation (d) Subject send it to ATTN: Program Manager, Administration (FAA), DOT. Air Transport Association (ATA) of Continuing Operational Safety, FAA, New ACTION: Notice of proposed rulemaking America Code 27, Flight controls. York ACO Branch, 1600 Stewart Avenue, (NPRM). Suite 410, Westbury, NY 11590; telephone (e) Unsafe Condition 516–228–7300; fax 516–794–5531. Before SUMMARY: The FAA proposes to adopt a This AD was prompted by reports that using any approved AMOC, notify your new airworthiness directive (AD) for mounting nuts attaching the rudder actuator appropriate principal inspector, or lacking a MHI RJ Aviation ULC Model CL–600– bracket to the vertical stabilizer have been principal inspector, the manager of the 2C10 (Regional Jet Series 700, 701 & responsible Flight Standards Office. found cracked or missing due to hydrogen 702), CL–600–2C11 (Regional Jet Series embrittlement. The FAA is issuing this AD to (2) Contacting the Manufacturer: For any address the possible loss of the rudder requirement in this AD to obtain instructions 550), CL–600–2D15 (Regional Jet Series actuator bracket, which could result in a from a manufacturer, the instructions must 705), CL–600–2D24 (Regional Jet Series dormant disconnection between the rudder be accomplished using a method approved 900), and CL–600–2E25 (Regional Jet actuator and the vertical stabilizer. This by the Manager, New York ACO Branch, Series 1000) airplanes. This proposed condition, if not addressed, could result in a FAA; or Transport Canada Civil Aviation AD was prompted by reports and a loss of directional control of the aircraft. (TCCA); or De Havilland Aircraft of Canada design review indicating that there Limited’s TCCA Design Approval (f) Compliance could be possible corrosion on the main Organization (DAO). If approved by the DAO, landing gear (MLG) outer cylinder at the Comply with this AD within the the approval must include the DAO- compliance times specified, unless already authorized signature. interface with the gland nut on the done. shock strut installation and on the (k) Related Information forward and aft trunnion pins in the (g) Required Actions (1) Refer to Mandatory Continuing MLG dressed shock strut assembly. This Within 8,000 flight hours or 4 years, Airworthiness Information (MCAI) TCCA AD proposed AD would require detailed whichever is earlier, after the effective date CF–2020–34, dated October 6, 2020, for inspections for corrosion on the MLG of this AD: Do a detailed visual inspection of related information. This MCAI may be outer cylinder assemblies, certain MLG the rudder actuator bracket mounting nuts for found in the AD docket on the internet at dressed shock strut assemblies, and the missing nuts or corrosion, cracking, or other https://www.regulations.gov by searching for damage, in accordance with the and locating Docket No. FAA–2021–0312. MLG outer cylinder at the gland nut Accomplishment Instructions of De (2) For more information about this AD, threads, thread relief groove, and Havilland Service Bulletin 8–27–123, contact Aziz Ahmed, Aerospace Engineer, chamfer; a detailed inspection for the Revision A, dated September 8, 2020; or De Airframe and Propulsion Section, FAA, New presence of corrosion-inhibiting Havilland Service Bulletin 84–27–74, York ACO Branch, 1600 Stewart Avenue, compound (CIC) on the MLG forward Revision B, dated September 8, 2020; as Suite 410, Westbury, NY 11590; telephone and aft trunnion pins and grease adapter applicable. If any missing nuts or corrosion, 516–228–7329; fax 516–794–5531; email 9- assemblies; applicable corrective cracking, or other damage is found, replace [email protected]. actions; application of primer, paint, the nuts before further flight, in accordance (3) For service information identified in and CIC as applicable; re-identification with the Accomplishment Instructions of De this AD, contact De Havilland Aircraft of Havilland Service Bulletin 8–27–123, Canada Limited, Q-Series Technical Help of certain part numbers; and marking of Revision A, dated September 8, 2020; or De Desk, 123 Garratt Boulevard, Toronto, the MOD STATUS field of the Havilland Service Bulletin 84–27–74, Ontario M3K 1Y5, Canada; telephone 416– nameplate of certain parts. The FAA is Revision B, dated September 8, 2020; as 375–4000; fax 416–375–4539; email thd@ proposing this AD to address the unsafe applicable. dehavilland.com; internet https:// condition on these products.

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DATES: The FAA must receive comments comments reference a specific portion of Series 705) airplanes, CL–600–2D24 on this proposed AD by June 4, 2021. the proposal, explain the reason for any (Regional Jet Series 900) airplanes, and ADDRESSES: You may send comments, recommended change, and include Model CL–600–2E25 (Regional Jet Series using the procedures found in 14 CFR supporting data. The FAA will consider 1000) airplanes. You may examine the 11.43 and 11.45, by any of the following all comments received by the closing MCAI in the AD docket on the internet methods: date and may amend the proposal at https://www.regulations.gov by • Federal eRulemaking Portal: Go to because of those comments. searching for and locating Docket No. https://www.regulations.gov. Follow the Except for Confidential Business FAA–2021–0309. instructions for submitting comments. Information (CBI) as described in the This proposed AD was prompted by • Fax: 202–493–2251. following paragraph, and other reports and a design review indicating • Mail: U.S. Department of information as described in 14 CFR that there could be corrosion on the Transportation, Docket Operations, 11.35, the FAA will post all comments MLG outer cylinder assemblies and M–30, West Building Ground Floor, received, without change, to https:// certain MLG dressed shock strut Room W12–140, 1200 New Jersey www.regulations.gov, including any assemblies; primer was not correctly Avenue SE, Washington, DC 20590. personal information you provide. The applied at the gland nut thread relief • Hand Delivery: Deliver to Mail agency will also post a report groove and chamfer areas on certain address above between 9 a.m. and 5 summarizing each substantive verbal MLG outer cylinders during production; p.m., Monday through Friday, except contact received about this proposed and CIC was inadvertently removed Federal holidays. AD. from certain MLG forward and aft trunnion pins and grease adapter For Bombardier service information Confidential Business Information identified in this NPRM, contact MHI RJ assemblies during maintenance. The CBI is commercial or financial Aviation ULC, 12655 Henri-Fabre Blvd., FAA is proposing this AD to address information that is both customarily and Mirabel, Que´bec J7N 1E1 Canada; undetected corrosion on the MLG actually treated as private by its owner. forward and aft trunnion pins, and the Widebody Customer Response Center Under the Freedom of Information Act North America toll-free telephone +1– gland nut interface on certain MLG (FOIA) (5 U.S.C. 552), CBI is exempt outer cylinders, which could result in 844–272–2720 or direct-dial telephone from public disclosure. If your +1–514–855–8500; fax +1–514–855– an MLG collapse. See the MCAI for comments responsive to this NPRM additional background information. 8501; email [email protected]; internet contain commercial or financial https://eservices.aero.bombardier.com. information that is customarily treated Related Service Information Under 1 You may view this service as private, that you actually treat as CFR Part 51 information at the FAA, Airworthiness private, and that is relevant or Bombardier has issued the following Products Section, Operational Safety responsive to this NPRM, it is important service information. Branch, 2200 South 216th St., Des that you clearly designate the submitted • Service Bulletin 670BA–32–024, Moines, WA. For information on the comments as CBI. Please mark each Revision C, dated February 11, 2015, availability of this material at the FAA, page of your submission containing CBI which describes procedures for a call 206–231–3195. as ‘‘PROPIN.’’ The FAA will treat such detailed visual inspection of the MLG Examining the AD Docket marked submissions as confidential outer cylinder assemblies and dressed under the FOIA, and they will not be shock strut assemblies for corrosion of You may examine the AD docket on placed in the public docket of this the outer cylinder gland nut thread the internet at https:// NPRM. Submissions containing CBI interface and relief area, and corrective www.regulations.gov by searching for should be sent to Darren Gassetto, actions including repair and corrosion and locating Docket No. FAA–2021– Aerospace Engineer, Mechanical removal. 0309; or in person at Docket Operations Systems and Administrative Services • Service Bulletin 670BA–32–034, between 9 a.m. and 5 p.m., Monday Section, FAA, New York ACO Branch, Revision B, dated December 21, 2018, through Friday, except Federal holidays. 1600 Stewart Avenue, Suite 410, which describes procedures for a The AD docket contains this NPRM, any Westbury, NY 11590; telephone 516– detailed visual inspection of the inside comments received, and other 228–7323; fax 516–794–5531; email diameter of the MLG trunnion pins for information. The street address for [email protected]. Any discrepancies including the condition of Docket Operations is listed above. commentary that the FAA receives paint and CIC and evidence of FOR FURTHER INFORMATION CONTACT: which is not specifically designated as corrosion, and corrective actions Darren Gassetto, Aerospace Engineer, CBI will be placed in the public docket including replacement and rework of Mechanical Systems and Administrative for this rulemaking. the trunnion pins as applicable. Services Section, FAA, New York ACO • Service Bulletin 670BA–32–039, Branch, 1600 Stewart Avenue, Suite Background dated February 29, 2012, which 410, Westbury, NY 11590; telephone Transport Canada Civil Aviation describes procedures for inspections of 516–228–7323; fax 516–794–5531; email (TCCA), which is the aviation authority the inner diameter of the MLG forward [email protected]. for Canada, has issued TCCA AD CF– and aft trunnion pins for discrepancies SUPPLEMENTARY INFORMATION: 2019–17R1, dated June 18, 2020 including corrosion and inadequate CIC, (referred to after this as the Mandatory and corrective actions including Comments Invited Continuing Airworthiness Information, application of CIC and replacement of The FAA invites you to send any or ‘‘the MCAI’’), to correct an unsafe corroded forward and aft trunnion pins written relevant data, views, or condition for MHI RJ Aviation ULC with serviceable parts. arguments about this proposal. Send (type certificate previously held by • Service Bulletin 670BA–32–052, your comments to an address listed Bombardier, Inc.) Model CL–600–2C10 dated February 9, 2015, which describes under ADDRESSES. Include ‘‘Docket No. (Regional Jet Series 700, 701 & 702) procedures for a detailed visual FAA–2021–0309; Project Identifier airplanes, Model CL–600–2C11 inspection of the gland nut thread relief MCAI–2020–00918–T’’ at the beginning (Regional Jet Series 550) airplanes, groove and chamfer surface for the of your comments. The most helpful Model CL–600–2D15 (Regional Jet condition of the protective coating and

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for discrepancies including evidence of FAA’s bilateral agreement with the State ‘‘Differences Between this Proposed AD corrosion or rework at the gland nut of Design Authority, the FAA has been and the MCAI or Service Information.’’ thread relief groove and chamfer surface notified of the unsafe condition of the MLG shock strut outer cylinder described in the MCAI and service Differences Between This Proposed AD assemblies, and corrective actions information referenced above. The FAA and the MCAI or Service Information including corrosion removal. is proposing this AD because the FAA Although certain service information This service information is reasonably evaluated all the relevant information specifies to return damaged MLG available because the interested parties and determined the unsafe condition trunnion pins to Goodrich Landing have access to it through their normal described previously is likely to exist or Gear, that action would not be required course of business or by the means develop on other products of the same by this proposed AD. identified in the ADDRESSES section. type design. FAA’s Determination Proposed Requirements of This NPRM Costs of Compliance This product has been approved by This proposed AD would require The FAA estimates that this proposed the aviation authority of another accomplishing the actions specified in AD affects 562 airplanes of U.S. registry. country, and is approved for operation the service information described The FAA estimates the following costs in the United States. Pursuant to the previously, except as discussed under to comply with this proposed AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

Cost on U.S. Labor cost Parts cost Cost per product operators

Up to 100 work-hours × $85 per hour = Up to $8,500 ...... Up to $36,604 ...... Up to $45,104 ...... Up to $25,348,448.

According to the manufacturer, some responsibilities among the various (b) Affected ADs or all of the costs of this proposed AD levels of government. None. may be covered under warranty, thereby For the reasons discussed above, I reducing the cost impact on affected certify this proposed regulation: (c) Applicability operators. The FAA does not control (1) Is not a ‘‘significant regulatory This AD applies to the MHI RJ Aviation warranty coverage for affected operators. action’’ under Executive Order 12866, ULC (type certificate previously held by As a result, the FAA has included all (2) Would not affect intrastate Bombardier, Inc.) airplanes, certificated in known costs in our cost estimate. aviation in Alaska, and any category, specified in paragraphs (c)(1) (3) Would not have a significant through (3) of this AD. Authority for This Rulemaking (1) Model CL–600–2C10 (Regional Jet economic impact, positive or negative, Series 700, 701 & 702) and Model CL–600– Title 49 of the United States Code on a substantial number of small entities 2C11 (Regional Jet Series 550) airplanes, specifies the FAA’s authority to issue under the criteria of the Regulatory serial numbers 10002 and subsequent. rules on aviation safety. Subtitle I, Flexibility Act. (2) Model CL–600–2D15 (Regional Jet section 106, describes the authority of List of Subjects in 14 CFR Part 39 Series 705) airplanes and CL–600–2D24 the FAA Administrator. Subtitle VII: (Regional Jet Series 900) airplanes, serial Aviation Programs, describes in more Air transportation, Aircraft, Aviation numbers 15001 and subsequent. detail the scope of the Agency’s safety, Incorporation by reference, (3) Model CL–600–2E25 (Regional Jet authority. Safety. Series 1000) airplanes, serial numbers 19001 The FAA is issuing this rulemaking The Proposed Amendment and subsequent. under the authority described in (d) Subject Subtitle VII, Part A, Subpart III, Section Accordingly, under the authority 44701: General requirements. Under delegated to me by the Administrator, Air Transport Association (ATA) of America Code 32, Landing Gear. that section, Congress charges the FAA the FAA proposes to amend 14 CFR part with promoting safe flight of civil 39 as follows: (e) Reason aircraft in air commerce by prescribing PART 39—AIRWORTHINESS This AD was prompted by reports and a regulations for practices, methods, and DIRECTIVES design review indicating that there could be procedures the Administrator finds corrosion on the main landing gear (MLG) necessary for safety in air commerce. ■ 1. The authority citation for part 39 outer cylinder assemblies at the interface This regulation is within the scope of continues to read as follows: with the gland nut on the shock strut that authority because it addresses an installation and on the forward and aft unsafe condition that is likely to exist or Authority: 49 U.S.C. 106(g), 40113, 44701. trunnion pins in the MLG dressed shock strut assemblies; primer was not correctly applied develop on products identified in this § 39.13 [Amended] rulemaking action. at the gland nut thread relief groove and ■ 2. The FAA amends § 39.13 by adding chamfer areas on certain MLG outer cylinders Regulatory Findings the following new airworthiness during production; and corrosion-inhibiting directive: The FAA determined that this compound (CIC) could have inadvertently been removed from certain MLG forward and proposed AD would not have federalism MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.): aft trunnion pins and grease adapter implications under Executive Order assemblies during maintenance. The FAA is 13132. This proposed AD would not Docket No. FAA–2021–0309; Project Identifier MCAI–2020–00918–T. issuing this AD to address undetected have a substantial direct effect on the corrosion on the MLG forward and aft States, on the relationship between the (a) Comments Due Date trunnion pins, and the gland nut interface on national Government and the States, or The FAA must receive comments on this certain MLG outer cylinders, which could on the distribution of power and airworthiness directive (AD) by June 4, 2021. result in an MLG collapse.

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(f) Compliance (i) Inspection of MLG Outer Cylinder at the (k) Inspection of Certain Other MLG Comply with this AD within the Gland Nut threads, Thread Relief Groove, Trunnion Pins Having P/Ns 49101–9, 49101– compliance times specified, unless already and Chamfer and Corrective Action 11, and 49101–13, Maintained Using Certain done. For airplanes identified in paragraphs Maintenance Instructions (c)(1) through (3) of this AD equipped with For airplanes identified in paragraphs (g) Inspection and Application of Corrosion MLG outer cylinder assemblies having part (c)(1) through (3) of this AD equipped with Protection for MLG Outer Cylinder numbers and serial numbers specified in MLG forward and aft trunnion pins having Assemblies and Certain MLG Dressed Shock Section 1.A., Effectivity, of Bombardier P/Ns 49101–9, 49101–11, and 49101–13 that Strut Assemblies Service Bulletin 670BA–32–052, dated were maintained in accordance with the For airplanes identified in paragraphs February 9, 2015: Within 6,500 flight hours tasks identified in paragraphs (k)(1) through (c)(1) and (2) of this AD with MLG outer or 36 months, whichever occurs first after the (4) of this AD: Within 6,500 flight hours or cylinder assemblies and MLG dressed shock effective date of this AD: Do a detailed visual 36 months after the effective date of this AD, strut assemblies having part numbers and inspection, of the MLG shock strut outer whichever occurs first, do a detailed visual serial numbers specified in the effectivity cylinder assemblies and do all other required inspection of the MLG forward and aft tables in Section 1.A.(1) of Bombardier actions specified in, and, in accordance with trunnion pins, and do all applicable Service Bulletin 670BA–32–024, Revision C, Section 2. of the Accomplishment corrective actions, in accordance with dated February 11, 2015 (Bombardier Service Instructions of Bombardier Service Bulletin Section 2. of the Accomplishment Bulletin 670BA–32–024, Revision C): At the 670BA–32–052, dated February 9, 2015. Instructions of Bombardier Service Bulletin applicable time specified in paragraph (g)(1) 670BA–32–039, dated February 29, 2012. or (2) of this AD, do a detailed visual (j) Inspection of Certain MLG Forward and (1) Bombardier CRJ700/705/900/1000 inspection for corrosion and all other Aft Trunnion Pins, and Corrective Action AMM, CSP B–001, Task 32–11–05–400–801 required actions specified in, and in For airplanes identified in paragraphs A01, Revision 31, dated March 20, 2010, or accordance with, Section 2., Part A, of the (c)(1) through (3) of this AD equipped with earlier. Accomplishment Instructions of Bombardier MLG forward and aft trunnion pins and (2) Bombardier CRJ700/705/900/1000 Service Bulletin 670BA–32–024, Revision C. grease adapter assemblies having part AMM, CSP B–001, Task 32–11–05–400–801 (1) For MLG assemblies that have numbers and serial numbers specified in A02, Revision 34, dated November 20, 2010, accumulated 12,500 total flight hours or less, Section 1.A., Effectivity, of Bombardier or earlier. and have been in service for 72 months or Service Bulletin 670BA–32–034, Revision B, (3) Bombardier CRJ700/705/900/1000 less from entry into service or the last dated December 21, 2018: At the applicable AMM, CSP B–001, Task 32–11–05–400–804 overhaul date: Within 6,500 flight hours or time specified in paragraph (j)(1) or (2) of this A01, Revision 35, dated March 20, 2011, or 36 months, whichever comes first, after the AD, do a detailed visual inspection of the earlier. effective date of this AD. MLG forward and aft trunnion pins and do (4) Bombardier CRJ700/705/900/1000 (2) For MLG assemblies that have all applicable corrective actions, in AMM, CSP B–001, Task 32–11–05–400–805 accumulated more than 12,500 total flight accordance with Section 2.B. and paragraphs A01, Revision 35, dated March 20, 2011, or earlier. hours, or have been in service for more than 2.C.(6) and (8) of the Accomplishment 72 months from entry into service or the last Instructions of Bombardier Service Bulletin Note 2 to paragraph (k): The corrective overhaul date: Within 3,500 flight hours or 670BA–32–034, Revision B, dated December action described in this paragraph is not 24 months, whichever occurs first, after the 21, 2018. applicable to MLG forward and aft trunnion effective date of this AD. pins having P/Ns 49101–9, –11, and –13 Note 1 to paragraph (j): The corrective reworked from P/Ns 49101–1, –5, and –7 as (h) Inspection of Certain Other MLG Dressed action is applicable only to MLG forward and specified in the procedures in Goodrich SB Shock Strut Assemblies and Corrective aft trunnion pins having P/Ns 49101–9, –11, 49101–32–47, any revision. The corrective Action and –13 reworked from P/Ns 49101–1, –5, action described in this paragraph is For airplanes identified in paragraphs and –7, as specified in the procedures in applicable to MLG forward and aft trunnion (c)(1) and (2) of this AD, equipped with MLG Goodrich Service Bulletin 49101–32–47, any pins having P/Ns 49101–9, –11, and –13 dressed shock strut assemblies having part revision. The corrective action is not installed as original equipment or purchased numbers (P/Ns) 49000–25 through 49000–46 applicable to MLG forward and aft trunnion from Goodrich Landing Gear. and P/Ns 49050–15 through 49050–22, on pins having P/Ns 49101–9, –11, and –13 that which the MLG active dynamic seal has been were installed as original equipment or (l) Credit for Previous Actions purchased from Goodrich Landing Gear. replaced with the spare dynamic seal as (1) This paragraph provides credit for specified in Bombardier CRJ700/705/900/ (1) For MLG forward and aft trunnion pins actions required by paragraph (g) of this AD, 1000 Aircraft Maintenance Manual (AMM), and grease adapter assemblies that have not if those actions were performed before the CSP B–001, Task 32–11–10–960–802, had the procedures specified in Goodrich effective date of this AD using Section 2., Revision 37, dated November 25, 2011, or Service Bulletin 49101–32–47, any revision, Part A, of the Accomplishment Instructions earlier: At the applicable time specified in incorporated, at the applicable time specified of Bombardier Service Bulletin 670BA–32– paragraph (h)(1) or (2) of this AD, do a in paragraph (j)(1)(i) or (ii) of this AD. 024, Revision B, dated December 19, 2012. detailed visual inspection of the MLG (i) For MLG forward and aft trunnion pins (2) This paragraph provides credit for dressed shock strut assemblies for corrosion, that have accumulated 10,000 total flight actions required by paragraph (h) of this AD and all applicable corrective actions, in hours or less, and have been in service 60 if those actions were performed before the accordance with Section 2., Part B, of the months or less from the entry into service or effective date of this AD using Section 2., Accomplishment Instructions of Bombardier last overhaul date: Within 6,500 flight hours Part B, of the Accomplishment Instructions Service Bulletin 670BA–32–024, Revision C. or 36 months, whichever occurs first, after of Bombardier Service Bulletin 670BA–32– (1) For MLG assemblies that have the effective date of this AD. 024, Revision B, dated December 19, 2012; or accumulated 12,500 total flight hours or less, (ii) For MLG forward and aft trunnion pins Bombardier CRJ700/705/900/1000 Aircraft and have been in service for 72 months or that have accumulated more than 10,000 total Maintenance Manual (AMM), CSP B–001, less from entry into service or the last flight hours, or have been in service for more Task 32–11–10–960–802, Revision 38, dated overhaul date: Within 6,500 flight hours or than 60 months from entry into service or last March 25, 2012. 36 months, whichever comes first, after the overhaul date: Within 3,000 flight hours or (3) This paragraph provides credit for effective date of this AD. 24 months, whichever occurs first, after the actions required by paragraph (j) of this AD (2) For MLG assemblies that have effective date of this AD. if those actions were performed before the accumulated more than 12,500 total flight (2) For MLG forward and aft trunnion pins effective date of this AD using Section 2.B. hours, or have been in service for more than that have had the procedures specified in and paragraphs 2.C.(6) and (8) of the 72 months from entry into service or the last Goodrich Service Bulletin 49101–32–47, any Accomplishment Instructions of Bombardier overhaul date: Within 3,500 flight hours or revision, incorporated: Within 6,500 flight Service Bulletin 670BA–32–034, dated 24 months, whichever occurs first, after the hours or 36 months, whichever occurs first, February 29, 2012; or Revision A, dated effective date of this AD. after the effective date of this AD. August 17, 2012.

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(4) This paragraph provides credit for (2) For more information about this AD, ADDRESSES: You may send comments, actions required by paragraph (k) of this AD, contact Darren Gassetto, Aerospace Engineer, using the procedures found in 14 CFR if those actions were performed before the Mechanical Systems and Administrative 11.43 and 11.45, by any of the following Services Section, FAA, New York ACO effective date of this AD using the service methods: information specified in paragraphs (l)(4)(i) Branch, 1600 Stewart Avenue, Suite 410, • through (iv) of this AD. Westbury, NY 11590; telephone 516–228– Federal eRulemaking Portal: Go to (i) Bombardier CRJ700/900/1000 Aircraft 7323; fax 516–794–5531; email 9-avs-nyaco- https://www.regulations.gov. Follow the Maintenance Manual (AMM), CSP B–001, [email protected]. instructions for submitting comments. Task 32–11–05–400–801 A01, Revision 38, (3) For Bombardier service information • Fax: (202) 493–2251. dated March 25, 2012. identified in this AD, contact MHI RJ • Mail: U.S. Department of (ii) Bombardier CRJ700/900/1000 AMM, Aviation ULC, 12655 Henri-Fabre Blvd., Transportation, Docket Operations, M– ´ CSP B–001, Task 32–11–05–400–801 A02, Mirabel, Quebec J7N 1E1 Canada; Widebody 30, West Building Ground Floor, Room Revision 38, dated March 25, 2012. Customer Response Center North America (iii) Bombardier CRJ700/900/1000 AMM, toll-free telephone +1–844–272–2720 or W12 140, 1200 New Jersey Avenue SE, CSP B–001, Task 32–11–05–400–804 A01, direct-dial telephone +1–514–855–8500; fax Washington, DC 20590. Revision 37, dated November 25, 2011, for +1–514–855–8501; email [email protected]; • Mail: U.S. Department of actions specified in Section 2.B.(1) of the internet https:// Transportation, Docket Operations, M– Accomplishment Instructions of Bombardier eservices.aero.bombardier.com. You may 30, West Building Ground Floor, Room Service Bulletin 670BA–32–039, dated view this service information at the FAA, W12–140, 1200 New Jersey Avenue SE, February 29, 2012. Airworthiness Products Section, Operational Washington, DC 20590. Safety Branch, 2200 South 216th St., Des (iv) Bombardier CRJ700/900/1000 AMM, • Hand Delivery: Deliver to Mail CSP B–001, Task 32–11–05–400–805 A01, Moines, WA. For information on the Revision 37, dated November 25, 2011, for availability of this material at the FAA, call address above between 9 a.m. and 5 actions specified in Section 2.B.(2) of the 206–231–3195. p.m., Monday through Friday, except Accomplishment Instructions of Bombardier Issued on April 13, 2021. Federal holidays. Service Bulletin 670BA–32–039, dated For service information identified in Lance T. Gant, February 29, 2012. this NPRM, contact GE Aviation Czech, Director, Compliance & Airworthiness Beranovy´ch 65 199 02 Praha 9— (m) No Requirement for Return of Parts Division, Aircraft Certification Service. Letnˇ any, Czech Republic; phone: +420 Although certain service information [FR Doc. 2021–08053 Filed 4–19–21; 8:45 am] 222 538 111. You may view this service referenced in this AD specifies to return BILLING CODE 4910–13–P damaged MLG trunnion pins to Goodrich information at the FAA, Airworthiness Landing Gear, this AD does not include that Products Section, Operational Safety requirement. DEPARTMENT OF TRANSPORTATION Branch, 1200 District Avenue, Burlington, MA 01803. For information (n) Other FAA AD Provisions Federal Aviation Administration on the availability of this material at the The following provisions also apply to this FAA, call (781) 238–7759. AD: (1) Alternative Methods of Compliance 14 CFR Part 39 Examining the AD Docket (AMOCs): The Manager, New York ACO [Docket No. FAA–2021–0316; Project You may examine the AD docket at Branch, FAA, has the authority to approve Identifier MCAI–2020–00461–E] AMOCs for this AD, if requested using the https://www.regulations.gov by procedures found in 14 CFR 39.19. In RIN 2120–AA64 searching for and locating Docket No. accordance with 14 CFR 39.19, send your FAA–2021–0316; or in person at Docket request to your principal inspector or local Airworthiness Directives; GE Aviation Operations between 9 a.m. and 5 p.m., Flight Standards District Office, as Czech s.r.o. (Type Certificate Monday through Friday, except Federal appropriate. If sending information directly Previously Held by WALTER Engines holidays. The AD docket contains this to the manager of the certification office, a.s., Walter a.s., and MOTORLET a.s.) NPRM, the mandatory continuing send it to ATTN: Program Manager, Turboprop Engines Continuing Operational Safety, FAA, New airworthiness information (MCAI), any comments received, and other York ACO Branch, 1600 Stewart Avenue, AGENCY: Federal Aviation Suite 410, Westbury, NY 11590; telephone Administration (FAA), DOT. information. The street address for 516–228–7300; fax 516–794–5531. Before Docket Operations is listed above. using any approved AMOC, notify your ACTION: Notice of proposed rulemaking (NPRM). FOR FURTHER INFORMATION CONTACT: appropriate principal inspector, or lacking a Barbara Caufield, Aviation Safety principal inspector, the manager of the local SUMMARY: flight standards district office/certificate The FAA proposes to adopt a Engineer, ECO Branch, FAA, 1200 holding district office. new airworthiness directive (AD) for all District Avenue, Burlington, MA 01803; (2) Contacting the Manufacturer: For any GE Aviation Czech s.r.o. (GEAC) H75– phone: (781) 238–7146; fax: (781) 238– requirement in this AD to obtain instructions 200, H80–100, and H80–200 model 7199; email: [email protected]. from a manufacturer, the instructions must turboprop engines. This proposed AD SUPPLEMENTARY INFORMATION: be accomplished using a method approved was prompted by several reports of by the Manager, New York ACO Branch, engine gas generator speed (Ng) Comments Invited FAA; or Transport Canada Civil Aviation rollbacks occurring below idle on GEAC (TCCA); or MHI RJ Aviation ULC’s TCCA The FAA invites you to send any Design Approval Organization (DAO). If H75–200, H80–100, and H80–200 model written relevant data, views, or approved by the DAO, the approval must turboprop engines. This proposed AD arguments about this proposal. Send include the DAO-authorized signature. would require an inspection of a certain your comments to an address listed part number (P/N) fuel control unit under ADDRESSES. Include ‘‘Docket No. (o) Related Information (FCU) and, if deficiencies are detected, FAA–2021–0316; Project Identifier (1) Refer to Mandatory Continuing replacement of the FCU with a part MCAI–2020–00461–E’’ at the beginning Airworthiness Information (MCAI) TCCA AD eligible for installation. The FAA is of your comments. The most helpful CF–2019–17R1, dated June 18, 2020, for proposing this AD to address the unsafe related information. This MCAI may be comments reference a specific portion of found in the AD docket on the internet at condition on these products. the proposal, explain the reason for any https://www.regulations.gov by searching for DATES: The FAA must receive comments recommended change, and include and locating Docket No. FAA–2021–0309. on this proposed AD by June 4, 2021. supporting data. The FAA will consider

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all comments received by the closing Several occurrences have been 00–00–0022[00] (single document), date and may amend this proposal reported of engine gas generator speed Revision 00, dated February 6, 2020. because of those comments. (Ng) rollbacks below idle on engines This service information specifies Except for Confidential Business equipped with an affected part. procedures for performing a functional Information (CBI) as described in the The investigation determined that, inspection of the FCU, part number following paragraph, and other during these events, the engine control (P/N) LUN 6590.07–8, and replacing the information as described in 14 CFR lever (ECL) was set to idle, and FCU. This service information is 11.35, the FAA will post all comments identified as contributing factors reasonably available because the received, without change, to https:// specific environmental temperatures, interested parties have access to it www.regulations.gov, including any possibly in combination with a high through their normal course of business personal information you provide. The power off-take. The idle setting may be or by the means identified in the agency will also post a report used in flight, in particular during the ADDRESSES section. approach phase. summarizing each substantive verbal Proposed AD Requirements in This This condition, if not detected and contact received about this NPRM. NPRM corrected, may lead to loss of engine Confidential Business Information power and eventually, on a single This proposed AD would require a engine aeroplane, possibly result in loss functional inspection of the FCU, P/N CBI is commercial or financial of control. LUN 6590.07–8, and, if deficiencies are information that is both customarily and To address this potential unsafe detected, replacement of the FCU with actually treated as private by its owner. condition, GEAC issued the ASB a part eligible for installation. This Under the Freedom of Information Act providing applicable instructions. proposed AD would also require (FOIA) (5 U.S.C. 552), CBI is exempt For the reason described above, this removal and replacement of the FCU, from public disclosure. If your [EASA] AD requires, for engines P/N LUN 6590.07–8, during the next comments responsive to this NPRM installed on single-engine aircraft, engine overhaul or within 44 months, contain commercial or financial repetitive functional checks of the whichever occurs first after the effective information that is customarily treated affected part and, eventually, date of this AD. as private, that you actually treat as replacement with serviceable part. Differences Between This Proposed AD private, and that is relevant or You may obtain further information and the Service Information or MCAI responsive to this NPRM, it is important by examining the MCAI in the AD that you clearly designate the submitted docket at https://www.regulations.gov The requirement in EASA AD 2020– comments as CBI. Please mark each by searching for and locating Docket No. 0082, dated April 1, 2020, to perform a page of your submission containing CBI FAA–2021–0316. functional inspection and if applicable, as ‘‘PROPIN.’’ The FAA will treat such corrective action, is limited to GEAC marked submissions as confidential FAA’s Determination H75–200, H80–100, and H80–200 model under the FOIA, and they will not be This product has been approved by turboprop engines installed on single placed in the public docket of this EASA and is approved for operation in engine airplanes. This proposed AD NPRM. Submissions containing CBI the United States. Pursuant to our does not base compliance on the type of should be sent to Barbara Caufield, bilateral agreement with the European airplane on which the affected engines Aviation Safety Engineer, ECO Branch, Community, EASA has notified the FAA are installed. In addition, paragraph FAA, 1200 District Avenue, Burlington, of the unsafe condition described in the (g)(2) of this proposed AD requires MA 01803. Any commentary that the MCAI and service information. The operators to perform steps 1 through 7 FAA receives which is not specifically FAA is issuing this NPRM because the of paragraph 2.1.1 in the ASB while the designated as CBI will be placed in the agency evaluated all the relevant ASB specifies doing steps 1 through 8. public docket for this rulemaking. information provided by EASA and The FAA confirmed with the Background determined the unsafe condition manufacturer that the reference to step described previously is likely to exist or 8 in the ASB is an error. The European Union Aviation Safety develop in other products of the same Costs of Compliance Agency (EASA), which is the Technical type design. Agent for the Member States of the The FAA estimates that this AD, if European Community, has issued EASA Related Service Information Under 1 adopted as proposed, would affect 33 AD 2020–0082, dated April 1, 2020 CFR Part 51 engines installed on airplanes of U.S. (referred to after this as ‘‘the MCAI’’), to The FAA reviewed GE Aviation Czech registry. address the unsafe condition on these Alert Service Bulletin (ASB) No. ASB– The FAA estimates the following products. The MCAI states: H80–73–00–00–0052[00]/ASB–H75–73– costs to comply with this proposed AD:

ESTIMATED COSTS

Cost per Cost on U.S. Action Labor cost Parts cost product operators

Functional Inspection of FCU ...... 0.50 work-hours × $85 per hour = $42.50 ..... $0 $42.50 $1,402.50 Replace FCU ...... 4 work-hours × $85 per hour = $340 ...... 25,000 25,340 836,220

Authority for This Rulemaking section 106, describes the authority of The FAA is issuing this rulemaking the FAA Administrator. Subtitle VII: under the authority described in Title 49 of the United States Code Aviation Programs, describes in more Subtitle VII, Part A, Subpart III, Section specifies the FAA’s authority to issue detail the scope of the Agency’s 44701: General requirements. Under rules on aviation safety. Subtitle I, authority. that section, Congress charges the FAA

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with promoting safe flight of civil (c) Applicability (i) Definition aircraft in air commerce by prescribing This AD applies to GE Aviation Czech For the purpose of this AD, a part eligible regulations for practices, methods, and s.r.o. (GEAC) (Type Certificate previously for installation is an FCU, P/N LUN 6590.71– procedures the Administrator finds held by WALTER Engines a.s., Walter a.s., 8. necessary for safety in air commerce. and MOTORLET a.s.) H75–200, H80–100, This regulation is within the scope of and H80–200 model turboprop engines. (j) Terminating Action that authority because it addresses an (d) Subject Installing a part eligible for installation unsafe condition that is likely to exist or Joint Aircraft System Component (JASC) onto an engine as required by paragraph develop on products identified in this Code 7321, Fuel Control/Turbine Engines. (g)(2) or (3) of this AD, as applicable, rulemaking action. constitutes terminating action for the (e) Unsafe Condition functional inspections required by paragraph Regulatory Findings This AD was prompted by several reports (g)(1) of this AD for that engine. of engine gas generator speed (Ng) rollbacks The FAA determined that this below idle on GEAC H75–200, H80–100, and (k) No Reporting Requirements proposed AD would not have federalism H80–200 model turboprop engines with a The reporting requirements specified in implications under Executive Order fuel control unit (FCU), part number (P/N) paragraph 2.1.2 of the ASB are not required 13132. This proposed AD would not LUN 6590.07–8, installed. The FAA is by this AD. have a substantial direct effect on the issuing this AD to prevent engine Ng States, on the relationship between the rollbacks below idle on engines equipped (l) Alternative Methods of Compliance national government and the States, or with an FCU, P/N LUN 6590.07–8. The (AMOCs) on the distribution of power and unsafe condition, if not addressed, could result in loss of engine power and loss of (1) The Manager, ECO Branch, FAA, has responsibilities among the various control of the airplane. the authority to approve AMOCs for this AD, levels of government. if requested using the procedures found in 14 For the reasons discussed above, I (f) Compliance CFR 39.19. In accordance with 14 CFR 39.19, certify this proposed regulation: Comply with this AD within the send your request to your principal inspector compliance times specified, unless already or local Flight Standards District Office, as (1) Is not a ‘‘significant regulatory done. action’’ under Executive Order 12866, appropriate. If sending information directly (g) Required Actions to the manager of the certification office, (2) Would not affect intrastate send it to the attention of the person aviation in Alaska, and (1) Within 100 flight hours (FHs) after the effective date of this AD, and thereafter at identified in Related Information. You may (3) Would not have a significant intervals not to exceed 100 FHs since the email your request to: ANE-AD-AMOC@ economic impact, positive or negative, previous inspection, perform a functional faa.gov. on a substantial number of small entities inspection of the FCU, P/N LUN 6590.07–8, (2) Before using any approved AMOC, under the criteria of the Regulatory using the Accomplishment Instructions, notify your appropriate principal inspector, Flexibility Act. paragraph 2.1.1, Ground Check Procedure, of or lacking a principal inspector, the manager GE Aviation Czech Alert Service Bulletin No. of the local flight standards district office/ List of Subjects in 14 CFR Part 39 ASB–H80–73–00–00–0052[00]/ASB–H75– certificate holding district office. 73–00–00–0022[00] (single document), Air transportation, Aircraft, Aviation Revision 00, dated February 6, 2020 (the (m) Related Information safety, Incorporation by reference, ASB). (1) For more information about this AD, Safety. (2) If, during any functional inspection required by paragraph (g)(1) of this AD, the contact Barbara Caufield, Aviation Safety The Proposed Amendment engine Ng is: Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: (781) Accordingly, under the authority (i) Equal to or greater than 57% up to and 238–7146; fax: (781) 238–7199; email: delegated to me by the Administrator, including 60%, then no further action is required. [email protected]. the FAA proposes to amend 14 CFR part (ii) Equal to or greater than 55% but lower (2) Refer to European Union Aviation 39 as follows: than 57%, then follow the steps 1 through 3 Safety Agency (EASA) AD 2020–0082, dated under ‘‘Ng speed is equal to or above 55% April 1, 2020, for more information. You may PART 39—AIRWORTHINESS and below 57%’’ in the Accomplishment DIRECTIVES examine the EASA AD in the AD docket at Instructions, paragraph 2.1.2, Ground check https://www.regulations.gov by searching for results evaluation, of the ASB. and locating it in Docket No. FAA–2021– ■ 1. The authority citation for part 39 (iii) Below 55%, then follow steps 1 and 0316. continues to read as follows: 2 under ‘‘Ng speed is below 55%’’ in the Accomplishment Instructions, paragraph (3) For service information identified in Authority: 49 U.S.C. 106(g), 40113, 44701. 2.1.2, Ground check results evaluation, of the this AD, contact GE Aviation Czech, Beranovy´ch 65 199 02 Praha 9—Letnˇ any, § 39.13 [Amended] ASB. Note to paragraph (g)(2): In the Czech Republic; phone: +420 222 538 111. ■ 2. The FAA amends § 39.13 by adding Accomplishment Instructions, paragraph You may view this referenced service the following new airworthiness 2.1.2, of the ASB, where the ASB states ‘‘Do information at the FAA, Airworthiness directive: steps 1 thru 8 after the FCU adjustment,’’ do Products Section, Operational Safety Branch, GE Aviation Czech s.r.o. (Type Certificate steps 1 through 7 of the Accomplishment 1200 District Avenue, Burlington, MA 01803. previously held by WALTER Engines Instructions, paragraph 2.1.1, in the ASB. For information on the availability of this a.s., Walter a.s., and MOTORLET a.s.): (3) During the next engine overhaul, or material at the FAA, call (781) 238–7759. within 44 months, whichever occurs first Docket No. FAA–2021–0316; Project Issued on April 14, 2021. Identifier MCAI–2020–00461–E. after the effective date of this AD, remove the FCU, P/N LUN 6590.07–8, and replace it Lance T. Gant, (a) Comments Due Date with a part eligible for installation. Director, Compliance & Airworthiness The FAA must receive comments on this (h) Installation Prohibition Division, Aircraft Certification Service. airworthiness directive (AD) by June 4, 2021. After the effective date of this AD, do not [FR Doc. 2021–08056 Filed 4–19–21; 8:45 am] (b) Affected ADs install an FCU, P/N LUN 6590.07–8, onto any BILLING CODE 4910–13–P None. engine.

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DEPARTMENT OF TRANSPORTATION 216th Street, Des Moines, WA 98198; documents can also be accessed through telephone (206) 231–3695. the FAA’s web page at https:// Federal Aviation Administration SUPPLEMENTARY INFORMATION: www.faa.gov/air_traffic/publications/ airspace_amendments/. 14 CFR Part 71 Authority for This Rulemaking You may review the public docket [Docket No. FAA–2021–0207; Airspace The FAA’s authority to issue rules containing the proposal, any comments Docket No. 21–ANM–6] regarding aviation safety is found in received, and any final disposition in Title 49 of the United States Code. person in the Dockets Office (see the RIN 2120–AA66 Subtitle I, Section 106 describes the ADDRESSES section for the address and authority of the FAA Administrator. phone number) between 9:00 a.m. and Proposed Establishment of Class E Subtitle VII, Aviation Programs, 5:00 p.m., Monday through Friday, Airspace; Missoula, MT describes in more detail the scope of the except federal holidays. An informal AGENCY: Federal Aviation agency’s authority. This rulemaking is docket may also be examined during Administration (FAA), DOT. promulgated under the authority normal business hours at the Northwest ACTION: Notice of proposed rulemaking described in Subtitle VII, Part A, Mountain Regional Office of the Federal (NPRM). Subpart I, Section 40103. Under that Aviation Administration, Air Traffic section, the FAA is charged with Organization, Western Service Center, SUMMARY: This action proposes to prescribing regulations to assign the use Operations Support Group, 2200 S establish Class E domestic en route of airspace necessary to ensure the 216th Street, Des Moines, WA 98198. airspace extending upward from 1,200 safety of aircraft and the efficient use of feet above the surface at Missoula, MT. airspace. This regulation is within the Availability and Summary of This airspace would facilitate vectoring scope of that authority, as it would Documents for Incorporation by of Instrument Flight Rules (IFR) aircraft establish Class E airspace at Missoula, Reference and would properly contain IFR aircraft MT, to support IFR operations within This document proposes to amend operating on direct routes under the the NAS. FAA Order 7400.11E, Airspace Designations and Reporting Points, control of Salt Lake City Air Route Comments Invited Traffic Control Center (ARTCC) and dated July 21, 2020, and effective Seattle ARTCC. The FAA is proposing Interested parties are invited to September 15, 2020. FAA Order this action to enhance the safety and participate in this proposed rulemaking 7400.11E is publicly available as listed management of IFR operations within by submitting such written data, views, in the ADDRESSES section of this the National Airspace System (NAS). or arguments, as they may desire. document. FAA Order 7400.11E lists Comments that provide the factual basis DATES: Comments must be received on Class A, B, C, D, and E airspace areas, supporting the views and suggestions or before June 4, 2021. air traffic service routes, and reporting presented are particularly helpful in points. ADDRESSES: Send comments on this developing reasoned regulatory proposal to the U.S. Department of decisions on the proposal. Comments The Proposal Transportation, Docket Operations, 1200 are specifically invited on the overall The FAA is proposing an amendment New Jersey Avenue SE, West Building regulatory, aeronautical, economic, to 14 CFR part 71 by establishing Class Ground Floor, Room W12–140, environmental, and energy-related E en route domestic airspace extending Washington, DC 20590; telephone: aspects of the proposal. upward from 1,200 feet above the 1–800–647–5527, or (202) 366–9826. Communications should identify both surface at Missoula, MT. This action You must identify FAA Docket No. docket numbers and be submitted in would provide controlled airspace to FAA–2021–0207; Airspace Docket No. triplicate to the address listed above. facilitate vectoring of IFR aircraft under 21–ANM–6, at the beginning of your Persons wishing the FAA to the control of Salt Lake City and Seattle comments. You may also submit acknowledge receipt of their comments ARTCCs. The airspace would also comments through the internet at on this notice must submit with those ensure proper containment of IFR https://www.regulations.gov. comments a self-addressed, stamped aircraft operating on direct routes where FAA Order 7400.11E, Airspace postcard on which the following the current en route structure is Designations and Reporting Points, and statement is made: ‘‘Comments to insufficient. This action would enhance subsequent amendments can be viewed Docket No. FAA–2021–0207; Airspace the safety and management of IFR online at https://www.faa.gov/air_ Docket No. 21–ANM–6’’. The postcard operations within the NAS. traffic/publications/. For further will be date/time stamped and returned Class E6 airspace designations are information, you can contact the to the commenter. published in paragraph 6006 of FAA Airspace Policy Group, Federal Aviation All communications received before Order 7400.11E, dated July 21, 2020, Administration, 800 Independence the specified closing date for comments and effective September 15, 2020, which Avenue SW, Washington, DC 20591; will be considered before taking action is incorporated by reference in 14 CFR telephone: (202) 267–8783. The Order is on the proposed rule. The proposal 71.1. The Class E airspace designations also available for inspection at the contained in this notice may be changed listed in this document will be National Archives and Records in light of the comments received. A published subsequently in the Order. Administration (NARA). For report summarizing each substantive FAA Order 7400.11, Airspace information on the availability of FAA public contact with FAA personnel Designations and Reporting Points, is Order 7400.11E at NARA, email concerned with this rulemaking will be published yearly and effective on [email protected] or go to https:// filed in the docket. September 15. www.archives.gov/federal-register/cfr/ ibr-locations.html. Availability of NPRMs Regulatory Notices and Analyses FOR FURTHER INFORMATION CONTACT: An electronic copy of this document The FAA has determined that this Matthew Van Der Wal, Federal Aviation may be downloaded through the regulation only involves an established Administration, Western Service Center, internet at https://www.regulations.gov. body of technical regulations for which Operations Support Group, 2200 S Recently published rulemaking frequent and routine amendments are

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necessary to keep them operationally 46°02′0.0″ N, long 115°0.0′0.0″ W, to lat subsequent amendments can be viewed current, is non-controversial, and 46°40′0.0″ N, long 115°0.0′0.0″ W, to lat online at https://www.faa.gov/air_ ° ′ ″ ° ′ ″ unlikely to result in adverse or negative 46 40 0.0 N, long 115 45 0.0 W, then to the traffic/publications/. For further comments. It, therefore: (1) Is not a point of beginning. information, you can contact the ‘‘significant regulatory action’’ under Issued in Des Moines, Washington, on Airspace Policy Group, Federal Aviation Executive Order 12866; (2) is not a April 2, 2021. Administration, 800 Independence ‘‘significant rule’’ under DOT B.G. Chew, Avenue SW, Washington, DC 20591; Regulatory Policies and Procedures (44 Acting Group Manager, Operations Support telephone: (202) 267–8783. The Order is FR 11034; February 26, 1979); and (3) Group, Western Service Center. also available for inspection at the does not warrant preparation of a [FR Doc. 2021–07999 Filed 4–19–21; 8:45 am] National Archives and Records regulatory evaluation as the anticipated BILLING CODE 4910–13–P Administration (NARA). For impact is so minimal. Since this is a information on the availability of FAA routine matter that will only affect air Order 7400.11E at NARA, email: traffic procedures and air navigation, it DEPARTMENT OF TRANSPORTATION [email protected] or go to https:// is certified that this rule, when www.archives.gov/federal-register/cfr/ Federal Aviation Administration promulgated, would not have a ibr-locations.html. significant economic impact on a 14 CFR Part 71 FOR FURTHER INFORMATION CONTACT: substantial number of small entities Jeffrey Claypool, Federal Aviation under the criteria of the Regulatory [Docket No. FAA–2021–0325; Airspace Administration, Operations Support Flexibility Act. Docket No. 21–AGL–20] Group, Central Service Center, 10101 Environmental Review RIN 2120–AA66 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222–5711. This proposal will be subject to an Proposed Amendment and Revocation SUPPLEMENTARY INFORMATION: environmental analysis in accordance of Class E Airspace; Michigan, MI with FAA Order 1050.1F, Authority for This Rulemaking ‘‘Environmental Impacts: Policies and AGENCY: Federal Aviation The FAA’s authority to issue rules Procedures’’ prior to any FAA final Administration (FAA), DOT. regarding aviation safety is found in regulatory action. ACTION: Notice of proposed rulemaking (NPRM). Title 49 of the United States Code. List of Subjects in 14 CFR Part 71 Subtitle I, Section 106 describes the Airspace, Incorporation by reference, SUMMARY: This action proposes to authority of the FAA Administrator. Navigation (air). amend the Class E airspace area Subtitle VII, Aviation Programs, extending upward from 1,200 feet above describes in more detail the scope of the The Proposed Amendment the surface over the State of Michigan agency’s authority. This rulemaking is Accordingly, pursuant to the and remove overlapping and redundant promulgated under the authority authority delegated to me, the Federal enroute domestic airspace areas within described in Subtitle VII, Part A, Aviation Administration proposes to these boundaries. The FAA is proposing Subpart I, Section 40103. Under that amend 14 CFR part 71 as follows: this action to correct, simplify, and section, the FAA is charged with close gaps in the Class E airspace prescribing regulations to assign the use PART 71—DESIGNATION OF CLASS A, extending upward from 1,200 feet above of airspace necessary to ensure the B, C, D, AND E AIRSPACE AREAS; AIR the surface over the State of Michigan; safety of aircraft and the efficient use of TRAFFIC SERVICE ROUTES; AND provide transitional airspace to support airspace. This regulation is within the REPORTING POINTS instrument flight rule (IFR) operations scope of that authority as it would to and from the terminal and enroute amend the Class E airspace area ■ 1. The authority citation for 14 CFR environments within the state; and extending upward from 1,200 feet above part 71 continues to read as follows: improve air traffic control services over the surface over the State of Michigan Authority: 49 U.S.C. 106(f), 106(g), 40103, the state. and remove the enroute domestic 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, DATES: Comments must be received on airspace at Upper Peninsula, MI; Iron 1959–1963 Comp., p. 389. or before May 20, 2021. Mountain, MI; and Newberry, MI, which § 71.1 [Amended] ADDRESSES: Send comments on this would become redundant, to correct, proposal to the U.S. Department of simplify, and close gaps in the Class E ■ 2. The incorporation by reference in Transportation, Docket Operations, airspace extending upward from 1,200 14 CFR 71.1 of FAA Order 7400.11E, West Building Ground Floor, Room feet above the surface over the State of Airspace Designations and Reporting W12–140, 1200 New Jersey Avenue SE, Michigan; provide transitional airspace Points, dated July 21, 2020, and Washington, DC 20590; telephone (202) to support IFR operations to and from effective September 15, 2020, is 366–9826, or (800) 647–5527. You must the terminal and enroute environments amended as follows: identify FAA Docket No. FAA–2021– within the state; and improve air traffic Paragraph 6006 En Route Domestic 0325/Airspace Docket No. 21–AGL–20, services over the state. Airspace Areas. at the beginning of your comments. You Comments Invited * * * * * may also submit comments through the Interested parties are invited to ANM MT E6 Missoula, MT internet at https://www.regulations.gov. You may review the public docket participate in this proposed rulemaking That airspace extending upward from containing the proposal, any comments by submitting such written data, views, 1,200 feet above the surface within an area or arguments, as they may desire. beginning at lat 48°24′0.0″ N, long 115°44′57″ received, and any final disposition in W, to lat 48°25′0.0″ N, long 113°35′21″ W, to person in the Dockets Office between Comments that provide the factual basis lat 47°53′10″ N, long 113°35′0.0″ W, to lat 9:00 a.m. and 5:00 p.m., Monday supporting the views and suggestions 47°40′32.29″ N, long 112°32′46.33″ W, to lat through Friday, except federal holidays. presented are particularly helpful in 46°01′40.93″ N, long 112°32′45.82″ W, to lat FAA Order 7400.11E, Airspace developing reasoned regulatory 46°02′0.0″ N, long 113°20′0.0″ W, to lat Designations and Reporting Points, and decisions on the proposal. Comments

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are specifically invited on the overall except federal holidays. An informal body of technical regulations for which regulatory, aeronautical, economic, docket may also be examined during frequent and routine amendments are environmental, and energy-related normal business hours at the Federal necessary to keep them operationally aspects of the proposal. Aviation Administration, Air Traffic current, is non-controversial and Communications should identify both Organization, Central Service Center, unlikely to result in adverse or negative docket numbers and be submitted in Operations Support Group, 10101 comments. It, therefore: (1) Is not a triplicate to the address listed above. Hillwood Parkway, Fort Worth, TX ‘‘significant regulatory action’’ under Commenters wishing the FAA to 76177. Executive Order 12866; (2) is not a acknowledge receipt of their comments ‘‘significant rule’’ under DOT Availability and Summary of on this notice must submit with those Regulatory Policies and Procedures (44 Documents for Incorporation by comments a self-addressed, stamped FR 11034; February 26, 1979); and (3) Reference postcard on which the following does not warrant preparation of a statement is made: ‘‘Comments to This document proposes to amend regulatory evaluation as the anticipated Docket No. FAA–2020–0325/Airspace FAA Order 7400.11E, Airspace impact is so minimal. Since this is a Docket No. 21–AGL–20.’’ The postcard Designations and Reporting Points, routine matter that will only affect air will be date/time stamped and returned dated July 21, 2020, and effective traffic procedures and air navigation, it to the commenter. September 15, 2020. FAA Order is certified that this rule, when Pursuant to FAA Order 7400.2M, 7400.11E is publicly available as listed promulgated, would not have a Procedures for Handling Airspace in the ADDRESSES section of this significant economic impact on a Matters, the FAA typically provides the document. FAA Order 7400.11E lists substantial number of small entities public with a 45 day comment period. Class A, B, C, D, and E airspace areas, under the criteria of the Regulatory However, the FAA finds a basis exists air traffic service routes, and reporting Flexibility Act. to deviate from the FAA Order 7400.2M points. and provide a 30 day comment period. Environmental Review The Proposal This action provides an overall solution This proposal will be subject to an to various issues with the Class E The FAA is proposing an amendment environmental analysis in accordance airspace over the State of Michigan and to Title 14 Code of Federal Regulations with FAA Order 1050.1F, corrects an error made in Docket 20– (14 CFR) part 71 by: ‘‘Environmental Impacts: Policies and AGL–37, Marquette, MI, which revoked Amending the Class E airspace area Procedures’’ prior to any FAA final certain Class E airspace and created extending upward from 1,200 feet above regulatory action. Class G airspace in its place (85 FR the surface within the boundary of the 83764, Dec. 23, 2020). The FAA is State of Michigan by removing the List of Subjects in 14 CFR Part 71 currently addressing this issue with a limitation of ‘‘south of parallel 45°45′ ’’ temporary Notice to Airmen (NOTAM), from the airspace legal description; and Airspace, Incorporation by reference, PNM 04/081 ZMP. As the NOTAM is a Removing the enroute domestic Navigation (air). short term solution and this action airspace area over the Upper Peninsula, The Proposed Amendment would establish a long term solution MI; Iron Mountain, MI; and Newberry, that eliminates any safety risks MI, as they would be redundant with Accordingly, pursuant to the stemming from confusion with regard to the amendment of the Class E airspace authority delegated to me, the Federal the requirements in that airspace, the area extending upward from 1,200 feet Aviation Administration proposes to FAA finds the 30 day comment period above the surface within the boundary amend 14 CFR part 71 as follows: justified. of the State of Michigan. All communications received before This action is being proposed to PART 71—DESIGNATION OF CLASS A, the specified closing date for comments correct, simplify, and close gaps in the B, C, D, AND E AIRSPACE AREAS; AIR will be considered before taking action Class E airspace extending upward from TRAFFIC SERVICE ROUTES; AND on the proposed rule. The proposal 1,200 feet above the surface over the REPORTING POINTS contained in this notice may be changed State of Michigan; provide transitional in light of the comments received. A airspace to support IFR operations to ■ 1. The authority citation for 14 CFR report summarizing each substantive and from the terminal and enroute part 71 continues to read as follows: public contact with FAA personnel environments within the state; and Authority: 49 U.S.C. 106(f), 106(g); 40103, concerned with this rulemaking will be improve air traffic control services over 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, filed in the docket. the State of Michigan. 1959–1963 Comp., p. 389. Class E airspace designations are Availability of NPRMs § 71.1 [Amended] published in paragraphs 6005 and 6006, An electronic copy of this document respectively, of FAA Order 7400.11E, ■ 2. The incorporation by reference in may be downloaded through the dated July 21, 2020, and effective 14 CFR 71.1 of FAA Order 7400.11E, internet at https://www.regulations.gov. September 15, 2020, which is Airspace Designations and Reporting Recently published rulemaking incorporated by reference in 14 CFR Points, dated July 21, 2020, and documents can also be accessed through 71.1. The Class E airspace designations effective September 15, 2020, is the FAA’s web page at https:// listed in this document will be amended as follows: www.faa.gov/air_traffic/publications/ published subsequently in the Order. _ Paragraph 6005 Class E Airspace Areas airspace amendments/. FAA Order 7400.11, Airspace Extending Upward From 700 Feet or More You may review the public docket Designations and Reporting Points, is Above the Surface of the Earth. containing the proposal, any comments published yearly and effective on * * * * * received, and any final disposition in September 15th. person in the Dockets Office (see the AGL MI E5 Michigan, MI [Amended] Regulatory Notices and Analyses ADDRESSES section for the address and That airspace extending upward from phone number) between 9:00 a.m. and The FAA has determined that this 1,200 feet above the surface within the 5:00 p.m., Monday through Friday, regulation only involves an established boundary of the State of Michigan.

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Paragraph 6006 En Route Domestic documents, submitting comments, and provide an appropriate accommodation Airspace Areas. viewing the docket, is available on the or auxiliary aid to an individual with a * * * * * site under ‘‘FAQ.’’ disability who needs assistance to • Postal Mail, Commercial Delivery, review the comments or other AGL MI E6 Upper Peninsula, MI [Removed] or Hand Delivery: If you mail or deliver documents in the public rulemaking your comments about the proposed record for the proposed priorities. If you AGL MI E6 Iron Mountain, MI [Removed] priorities, address them to Orman Feres, want to schedule an appointment for AGL MI E6 Newberry, MI [Removed] U.S. Department of Education, 400 this type of accommodation or auxiliary Maryland Avenue SW, Room 3C124, aid, please contact the person listed Issued in Fort Worth, Texas, on April 14, Washington, DC 20202. under FOR FURTHER INFORMATION 2021. Privacy Note: The Department’s CONTACT. Martin A. Skinner, policy is to make all comments received Purpose of Programs: We are Acting Manager, Operations Support Group, from members of the public available for proposing priorities for use in three ATO Central Service Center. public viewing in their entirety on the Department programs: TSL, SEED, and [FR Doc. 2021–08009 Filed 4–19–21; 8:45 am] Federal eRulemaking Portal at TQP. The purpose of TSL is to assist BILLING CODE 4910–13–P www.regulations.gov. Therefore, States, local educational agencies, and commenters should be careful to nonprofit organizations to develop, include in their comments only implement, improve, or expand DEPARTMENT OF EDUCATION information that they wish to make comprehensive performance-based publicly available. compensation systems (PBCS) or human 34 CFR Chapter II FOR FURTHER INFORMATION CONTACT: capital management systems (HCMS) for teachers, principals, and other school [Docket ID ED–2021–OESE–0045] Orman Feres, U.S. Department of Education, 400 Maryland Avenue SW, leaders (especially for teachers, principals, and other school leaders in Proposed Priorities—Effective Room 3C124, Washington, DC 20202. high-need schools who raise student Educator Development Division Telephone: (202) 453–6921. Email: academic achievement and close the Programs [email protected]. If you use a telecommunications achievement gap between high- and AGENCY: Office of Elementary and device for the deaf (TDD) or a text low-performing students). In addition, a Secondary Education, Department of telephone (TTY), call the Federal Relay portion of TSL funds may be used to Education. Service (FRS), toll-free, at 1–800–877– study the effectiveness, fairness, quality, consistency, and reliability of PBCS or ACTION: Proposed priorities. 8339. HCMS for teachers, principals, and SUPPLEMENTARY INFORMATION: SUMMARY: The Department of Education other school leaders (educators). The Invitation to Comment: We invite you (Department) proposes priorities for the SEED program provides funding to to submit comments regarding the following programs of the Effective increase the number of highly effective proposed priorities. To ensure that your Educator Development Division (EED): educators by supporting the comments have maximum effect in Teacher and School Leader Incentive implementation of evidence-based developing the notice of final priorities, Grants (TSL), Assistance Listing practices that prepare, develop, or we urge you to clearly identify the Number (ALN) 84.374A; Teacher enhance the skills of educators. SEED specific section of the proposed Quality Partnerships (TQP), ALN grants allow eligible entities to develop, priorities that each comment addresses. 84.336S; and Supporting Effective expand, and evaluate practices that can We invite you to assist us in Educator Development (SEED), ALN serve as models to be sustained and complying with the specific 84.423A. We may use these priorities for disseminated. The purposes of the TQP requirements of Executive Orders 12866 competitions in fiscal year (FY) 2021 program are to improve student and 13563 and their overall requirement and later years. We propose these achievement; improve the quality of of reducing regulatory burden that priorities to focus on educator prospective and new teachers by might result from the proposed development, leadership, and diversity improving the preparation of priorities. Please let us know of any in the various EED programs in order to prospective teachers and enhancing further ways we could reduce potential improve the quality of teaching and professional development activities for costs or increase potential benefits school leadership. new teachers; hold teacher preparation while preserving the effective and programs at institutions of higher DATES: We must receive your comments efficient administration of our programs. education accountable for preparing on or before May 20, 2021. During and after the comment period, teachers who meet applicable State ADDRESSES: Submit your comments you may inspect all public comments certification and licensure requirements; through the Federal eRulemaking Portal about the proposed priorities by and recruit highly qualified individuals, or via postal mail, commercial delivery, accessing Regulations.gov. Due to the including minorities and individuals or hand delivery. We will not accept novel coronavirus 2019 (COVID–19) from other occupations, into the comments submitted by fax or by email pandemic, the Department buildings are teaching force. or those submitted after the comment currently not open to the public. Program Authority: 20 U.S.C. 1221e– period. To ensure that we do not receive However, upon reopening you may also 3. TSL: Section 2211–2213 of the duplicate copies, please submit your inspect the comments in person in room Elementary and Secondary Education comments only once. In addition, please 3C124, 400 Maryland Avenue SW, Act of 1965, as amended (ESEA), 20 include the Docket ID at the top of your Washington, DC, between the hours of U.S.C. 6631–6633. SEED: Section 2242 comments. 8:30 a.m. and 4:00 p.m., Eastern time, of the ESEA, 20 U.S.C. 6672. TQP: • Federal eRulemaking Portal: Go to Monday through Friday of each week Sections 200–204 of the Higher www.regulations.gov to submit your except Federal holidays. Education Act of 1965, as amended, 20 comments electronically. Information Assistance to Individuals with U.S.C. 1021–1022c. on using Regulations.gov, including Disabilities in Reviewing the Proposed Priorities: This document instructions for accessing agency Rulemaking Record: On request we will contains two proposed priorities.

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Proposed Priority 1—Supporting diverse educators—which may include most recent U.S. Department of Educators and Their Professional one or more of the following: Teachers, Education National Teacher and Growth. principals, paraprofessionals, or other Principal Survey (NTPS), a nationally Background: school leaders as defined in section representative survey of teachers and In Proposed Priority 1, the 8101(44) of the ESEA—through principals, showed that 80 percent of Department emphasizes the importance evidence-based strategies (as defined in public school teachers identified as of promoting the continued 34 CFR 77.1 or the ESEA) incorporating white. This figure has hardly changed in development and growth of educators, one or more of the following: more than 15 years as a similar survey including through leadership (a) Adopting, implementing, or conducted by the Department in 2000 opportunities. It is well established that expanding efforts to recruit, select, found that 84 percent of teachers teacher effectiveness contributes greatly prepare, support, and develop talented, identified as white.2 to student academic outcomes, yet there diverse individuals to serve as mentors, Improving educator diversity— is variation in teacher effectiveness instructional coaches, principals, or including racial, cultural, and linguistic within and across schools, including school leaders in high-need schools (as diversity—can help all students. Diverse significant inequity in students’ access may be defined in the program’s educators are positive role models for to effective teachers, particularly for authorizing statute or regulations) who all students in breaking down negative students from low-income backgrounds, have the knowledge and skills to stereotypes and preparing students to students of color, and students with significantly improve instruction. live and work in a multiracial society. disabilities. (b) Implementing practices or In addition to providing advantages for As such, it is essential to attract and strategies that support high-need all students, the racial diversity of the retain a well-qualified, experienced, schools (as may be defined in the teaching workforce can help to close the effective, and diverse pool of skilled program’s authorizing statute or achievement gap,3 emerging research 4 educators, to ensure that they have regulations) in recruiting, preparing, suggests. Both quantitative and access to high-quality comprehensive hiring, supporting, developing, and qualitative studies find that diverse preparation programs that have high retaining qualified, experienced, educators can improve the school standards for successful completion, effective, diverse educators. experiences of all students; further, and to ensure that they are prepared to (c) Increasing the number of teachers diverse educators 5 contribute to teach diverse learners (e.g., through co- with State or national advanced improved academic outcomes while teaching models, dual certifications, educator certification or certification in serving as strong role models for universal design for learning). Equally a teacher shortage area, as determined students.6 important is supporting and retaining by the Secretary, such as special One report suggests that, compared qualified and effective educators education or bilingual education. with their peers, educators of color are through practices such as creating or (d) Providing high-quality more likely to (1) have higher enhancing opportunities for professional development opportunities expectations of students of color (as professional growth, including through to all educators in high-need schools (as measured by higher numbers of referrals leadership opportunities, reforming may be defined in the program’s to gifted programs); 7 (2) confront issues compensation and advancement authorizing statute or regulations) on of racism; (3) They also serve as systems, creating conditions for meeting the needs of diverse learners, successful teaching and learning, including students with disabilities and selected teacher characteristics: Selected years, advanced educator certification such as 1987–88 through 2017–18.’’ Digest of Education English learners. Statistics, 2018. https://nces.ed.gov/programs/ national board teacher or principal Proposed Priority 2—Increasing digest/d19/tables/dt19_209.10.asp?current=yes. certification, and through paying the Educator Diversity. 2 U.S. Department of Education, National Center tuition of effective current teachers Background: for Education Statistics. ‘‘Table 209.10: Number and seeking an additional certification in In Proposed Priority 2, the percentage distribution of teachers in public and private elementary and secondary schools, by these areas. Department recognizes that diverse selected teacher characteristics: Selected years, This proposed priority focuses on educators will play a critical role in 1987–88 through 2017–18.’’ Digest of Education strengthening teacher recruitment, ensuring equity in our education Statistics, 2018. https://nces.ed.gov/programs/ _ selection, preparation (such as through system, as discussed in ‘‘The State of digest/d19/tables/dt19 209.10.asp?current=yes. partnerships with institutions of higher 3 Redding, Christopher. ‘‘A Teacher Like Me: A Racial Diversity in the Educator Review of the Effect of Student-Teacher Racial/ education to implement educator Workforce’’ report published by the Ethnic Matching on Teacher Perceptions of residencies that include one year of Department in 2016: www2.ed.gov/ Students and Student Academic and Behavioral high-quality clinical experiences (prior rschstat/eval/highered/racial-diversity/ Outcomes.’’ Review of Educational Research, 89 to becoming the teacher of record) in (2019) 499–535. state-racial-diversity-workforce.pdf. As 4 Egalite, Anna, Brian Kisida, and Marcus A. high-need schools), support, that report highlights, research shows Winters. ‘‘Representation in the Classroom: The development, effectiveness, recognition, that diversity in schools, including Effect of Own-race Teachers on Student and retention in ways that are consistent racial diversity among teachers, can Achievement,’’ Economics of Education Review, 45 with the Department’s policy goals of provide significant benefits to students. (April 2015) 44–52. 5 Grissom, Jason, Sarah Kabourek, and Jenna supporting teachers as the professionals While students of color are expected to Kramer. ‘‘Exposure to same-race or same-ethnicity they are, improving outcomes for all make up 56 percent of the student teachers and advanced math course-taking in high students, and ensuring that students population by 2024, the elementary and school: Evidence from a diverse urban district,’’ from low-income backgrounds, students secondary educator workforce is still Teachers College Record, 122 (2020) 1–42. 6 Grissom, Jason and Christopher Redding. of color, students with disabilities, and 1 overwhelmingly white. In fact, the ‘‘Discretion and disproportionality: Explaining the other historically underserved students underrepresentation of high-achieving students of have equal access to qualified, 1 The term ‘‘white’’ in this report refers to a color in gifted programs.’’ AERA Open, 2, (2016) 1– experienced, and effective educators. socially constructed category of individuals who 15. Proposed Priority: self-identify as white and non-Hispanic. U.S. 7 Lindsay, Constance and Cassandra Hart. Projects that are designed to increase Department of Education, National Center for ‘‘Exposure to Same-race Teachers and Student Education Statistics. ‘‘Table 209.10: Number and Disciplinary Outcomes for Black Students in North the number and percentage of well- percentage distribution of teachers in public and Carolina.’’ Educational Evaluation and Policy prepared, experienced, effective, and private elementary and secondary schools, by Analysis, 39 (2017) 485–510.

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advocates and cultural brokers; and (4) implementing, or expanding one or and timely data about the racial and develop more trusting relationships more of the following: other demographics of the educator with students, particularly those with (a) Educator diversity goals, timelines, workforce that can be used to support whom they share a cultural and action plans at the State, district, or efforts to diversify the workforce and to background.8 school level, including incorporating measure progress toward teacher and A 2014 report shows that, despite the input from diverse educators. school leader diversity at the State, critical role that teachers of color can (b) High-quality, comprehensive district, or school level. play in helping students of color teacher preparation programs that have Types of Priorities: succeed, every State has a higher a track record of attracting, supporting, When inviting applications for a percentage of students of color than graduating, and placing competition using one or more educators of color.9 The teaching force underrepresented teacher candidates, priorities, we designate the type of each has become slightly more diverse in and that include one year of high- priority as absolute, competitive recent years. But recent data from the quality clinical experiences (prior to preference, or invitational through a National Center for Education Statistics becoming the teacher of record) in high- notice in the Federal Register. The (NCES) estimates that the elementary need schools (as may be defined in the effect of each type of priority follows: program’s authorizing statute or and secondary student population will Absolute priority: Under an absolute regulations). continue to become less white and more priority, we consider only applications diverse.10 (c) High-quality, comprehensive teacher preparation programs in that meet the priority (34 CFR Unless current trends change, the 75.105(c)(3)). disparity between the racial makeup of Historically Black Colleges and Competitive preference priority: students and teachers may increase Universities (eligible institutions under Under a competitive preference priority, further, fueling the need for part B of title III and subpart 4 of part we give competitive preference to an substantially more progress in A title VII of the HEA), Hispanic Serving application by (1) awarding additional increasing teacher diversity. Institutions (eligible institutions under points, depending on the extent to This proposed priority is designed to section 502 of the HEA), Tribal Colleges which the application meets the priority address educator diversity through a and Universities (eligible institutions (34 CFR 75.105(c)(2)(i)); or (2) selecting broader lens of equity and inclusion due under section 316 of the HEA), or other an application that meets the priority to emerging evidence that emphasizing Minority Serving Institutions (eligible over an application of comparable merit diversity without a parallel focus on institutions under title III and title V of that does not meet the priority (34 CFR equity and inclusion can minimize the the HEA) that include one year of high- 75.105(c)(2)(ii)). potential benefits of such efforts. As one quality clinical experiences (prior to recent reported concluded: ‘‘While the becoming the teacher of record) in high- Invitational priority: Under an data shows important differences in the need schools as may be defined in the invitational priority we are particularly practices of organizations with greater program’s authorizing statute or interested in applications that meet the diversity, a singular focus on diversity regulations) and that incorporate best priority. However, we do not give an without a commensurate focus on practices for attracting, supporting, application that meets the priority a equity and inclusion will not maximize graduating, and placing preference over other applications (34 the potential benefits. We see striking underrepresented teacher candidates. CFR 75.105(c)(1)). evidence that organizations that (d) Reforms to teacher preparation Final Priorities: approach diversity, equity, and programs to improve the diversity of We will announce the final priorities inclusion in parallel have the greatest teacher candidates, including changes to in a document published in the Federal likelihood of realizing the benefits, such ensure underrepresented teacher Register. We will determine the final as staff engagement and retention.’’ 11 candidates are fully represented in priorities after considering responses to To this end, the proposed priority program admission, completion, the proposed priorities and other focuses on addressing recruitment, placement, and retention as educators. information available to the Department. outreach, preparation, support, (e) Educator candidate support and This document does not preclude us retention, and advancement of preparation strategies and practices from proposing additional priorities, educators while advancing diversity, focused on underrepresented teacher requirements, definitions, or selection equity, and inclusion. candidates, and which may include criteria, subject to meeting applicable Proposed Priority: ‘‘grow your own programs,’’ which rulemaking requirements. Under this priority, applicants must typically recruit middle or high school Note: This document does not solicit develop projects that are designed to students, paraprofessionals, or other applications. In any year in which we choose improve the recruitment, outreach, school staff and provide them with clear to use the priorities, we invite applications preparation, support, development, and pathways and intensive support to enter through a notice inviting applications in the retention of a diverse educator into the teaching profession. Federal Register. workforce through adopting, (f) Professional growth and leadership opportunities for diverse educators, Executive Orders 12866 and 13563 8 Ferguson, Ronald. ‘‘Teachers’ Perceptions and including opportunities to influence Regulatory Impact Analysis Expectations and the Black-White Test Score Gap.’’ school, district, or State policies and Urban Education, 38, (2003) 460–507. practices in order to improve educator Under Executive Order 12866, it must 9 Boser, Ulrich. ‘‘Teacher Diversity Revisited: A diversity. be determined whether this regulatory New State-by-State Analysis,’’ Center for American Progress (2014). (g) High-quality professional action is ‘‘significant’’ and, therefore, 10 Hussar, William, and Tabitha Bailey. development on addressing bias in subject to the requirements of the Projections of Education Statistics to 2028 (NCES instructional practice and fostering an Executive order and subject to review by 2020–024). U.S. Department of Education, National inclusive, equitable, and supportive the Office of Management and Budget Center for Education Statistics. Washington, DC: workplace and school climate for (OMB). Section 3(f) of Executive Order Author (2020). 11 Padamsee, Xiomara, and Becky Crowe. educators. 12866 defines a ‘‘significant regulatory ‘‘Unrealized Impact: The Case for Diversity, Equity, (h) Data systems and reporting action’’ as an action likely to result in and Inclusion,’’ Oakland, CA: Promise54, July 2017. structures to provide accurate, public, a rule that may—

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(1) Have an annual effect on the techniques may include ‘‘identifying sections, use of headings, paragraphing, economy of $100 million or more, or changing future compliance costs that etc.) aid or reduce their clarity? adversely affect a sector of the economy, might result from technological • Would the proposed regulations be productivity, competition, jobs, the innovation or anticipated behavioral easier to understand if we divided them environment, public health or safety, or changes.’’ into more (but shorter) sections? State, local, or Tribal governments or We are issuing the proposed priorities • Could the description of the communities in a material way (also only on a reasoned determination that proposed regulations in the referred to as an ‘‘economically their benefits would justify their costs. SUPPLEMENTARY INFORMATION section of significant’’ rule); In choosing among alternative this preamble be more helpful in (2) Create serious inconsistency or regulatory approaches, we selected making the proposed regulations easier otherwise interfere with an action taken those approaches that would maximize to understand? If so, how? or planned by another agency; net benefits. Based on an analysis of • What else could we do to make the (3) Materially alter the budgetary anticipated costs and benefits, we proposed regulations easier to impacts of entitlement grants, user fees, believe that the proposed priorities are understand? or loan programs or the rights and consistent with the principles in To send any comments that concern obligations of recipients thereof; or Executive Order 13563. how the Department could make the (4) Raise novel legal or policy issues We also have determined that this proposed priorities easier to understand, arising out of legal mandates, the regulatory action does not unduly see the instructions in the ADDRESSES President’s priorities, or the principles interfere with State, local, and Tribal section. stated in the Executive order. governments in the exercise of their Intergovernmental Review: These This proposed regulatory action is not governmental functions. programs are subject to Executive Order a significant regulatory action subject to In accordance with the Executive 12372 and the regulations in 34 CFR review by OMB under section 3(f) of orders, the Department has assessed the part 79. One of the objectives of the Executive Order 12866. potential costs and benefits, both Executive order is to foster an We have also reviewed this proposed quantitative and qualitative, of this intergovernmental partnership and a regulatory action under Executive Order regulatory action. The potential costs strengthened federalism. The Executive 13563, which supplements and are those resulting from statutory order relies on processes developed by explicitly reaffirms the principles, requirements and those we have State and local governments for structures, and definitions governing determined as necessary for coordination and review of proposed regulatory review established in administering the Department’s Federal financial assistance. Executive Order 12866. To the extent programs and activities. This document provides early permitted by law, Executive Order notification of our specific plans and 13563 requires that an agency— Potential Costs and Benefits actions for these programs. (1) Propose or adopt regulations only The Department believes that this Regulatory Flexibility Act Certification on a reasoned determination that their proposed regulatory action would not benefits justify their costs (recognizing impose significant costs on eligible The Secretary certifies that this that some benefits and costs are difficult entities, whose participation in our proposed regulatory action would not to quantify); programs is voluntary, and costs can have a significant economic impact on (2) Tailor its regulations to impose the generally be covered with grant funds. a substantial number of small entities. least burden on society, consistent with As a result, the proposed priorities The U.S. Small Business Administration obtaining regulatory objectives and would not impose any particular burden Size Standards define proprietary taking into account—among other things except when an entity voluntarily elects institutions as small businesses if they and to the extent practicable—the costs to apply for a grant. The proposed are independently owned and operated, of cumulative regulations; priorities would help ensure that the are not dominant in their field of (3) In choosing among alternative Department’s Effective Educator operation, and have total annual regulatory approaches, select those Development programs select high- revenue below $7,000,000. Nonprofit approaches that maximize net benefits quality applicants to implement institutions are defined as small entities (including potential economic, activities that meet the goals of the if they are independently owned and environmental, public health and safety, respective programs. We believe these operated and not dominant in their field and other advantages; distributive benefits would outweigh any associated of operation. Public institutions are impacts; and equity); costs. defined as small organizations if they (4) To the extent feasible, specify are operated by a government performance objectives, rather than the Clarity of the Regulations overseeing a population below 50,000. behavior or manner of compliance a Executive Order 12866 and the The small entities that this proposed regulated entity must adopt; and Presidential memorandum ‘‘Plain regulatory action would affect are (5) Identify and assess available Language in Government Writing’’ school districts, nonprofit organizations, alternatives to direct regulation, require each agency to write regulations and for-profit organizations. Of the including economic incentives—such as that are easy to understand. impacts we estimate accruing to user fees or marketable permits—to The Secretary invites comments on grantees or eligible entities, all are encourage the desired behavior, or how to make the proposed priorities voluntary and related mostly to an provide information that enables the easier to understand, including answers increase in the number of applications public to make choices. to questions such as the following: prepared and submitted annually for Executive Order 13563 also requires • Are the requirements in the competitive grant competitions. an agency ‘‘to use the best available proposed regulations clearly stated? Therefore, we do not believe that the techniques to quantify anticipated • Do the proposed regulations contain proposed priorities would significantly present and future benefits and costs as technical terms or other wording that impact small entities beyond the accurately as possible.’’ The Office of interferes with their clarity? potential for increasing the likelihood of Information and Regulatory Affairs of • Does the format of the proposed their applying for, and receiving, OMB has emphasized that these regulations (grouping and order of competitive grants from the Department.

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Paperwork Reduction Act ACTION: Advance notice of proposed restriction and require TEDs designed to The proposed priorities contain rulemaking. exclude small sea turtles in all skimmer trawls, pusher-head trawls, and wing information collection requirements that SUMMARY: NMFS hereby publishes an are approved by OMB under OMB nets (butterfly trawls) rigged for fishing, advance notice of proposed rulemaking with the exception of vessels control number 1894–0006; the to solicit comments on the possibility of proposed priorities do not affect the participating in the Biscayne Bay wing modifying the turtle excluder device net fishery prosecuted in Miami-Dade currently approved data collection. (TED) related requirements for skimmer Accessible Format: On request to the County, Florida. NMFS ultimately trawl vessels less than 40 feet (12.2 program contact person listed under FOR published a final rule on December 20, meters) in length operating in the FURTHER INFORMATION CONTACT, 2019 (84 FR 70048), requiring skimmer southeast U.S. shrimp fisheries. NMFS individuals with disabilities can obtain trawl vessels 40 feet (12.2 meters) and is requesting comments on this possible this document in an accessible format. greater in length to use TEDs designed The Department will provide the action. to exclude small sea turtles in their nets requestor with an accessible format that DATES: Information related to this effective on April 1, 2021. On March 31, may include Rich Text Format (RTF) or document must be received by close of 2021 (86 FR 16676), NMFS delayed the text format (txt), a thumb drive, an MP3 business on May 20, 2021. effective date of this final rule until file, braille, large print, audiotape, or ADDRESSES: You may submit comments August 1, 2021, due to safety and travel compact disc, or other accessible format. via the Federal e-rulemaking Portal at restrictions related to the COVID–19 Electronic Access to This Document: www.regulations.gov identified by pandemic that prevented necessary The official version of this document is docket number 210414–0079, or by mail training and outreach for fishers. The the document published in the Federal to Michael Barnette, Southeast Regional changes between the proposed and final Register. You may access the official Office, NMFS, 263 13th Avenue South, rules were due to potential economic edition of the Federal Register and the St. Petersburg, FL 33701. Comments impacts of the proposed rule, Code of Federal Regulations at sent by any other method, to any other performance and safety issues with TED www.govinfo.gov. At this site you can address or individual, or received after use on smaller vessels, and lack of view this document, as well as all other the end of the comment period, may not testing data with gear types other than documents of the Department published be considered by NMFS. All comments skimmer trawls. Analyses for all in the Federal Register, in text or received are part of the public record considered alternatives were included Portable Document Format (PDF). To and will generally be posted for public in a final environmental impact use PDF you must have Adobe Acrobat viewing on www.regulations.gov statement (FEIS), the notice of Reader, which is available free at the without change. All personal identifying availability of which was published on site. information (e.g., name, address, etc.), November 15, 2019 (EIS No. 20190270; You may also access documents of the confidential business information, or 84 FR 62530; 11/15/2019). Department published in the Federal other sensitive information submitted Register by using the article search voluntarily by the sender will be NMFS has conducted additional feature at www.federalregister.gov. publicly accessible. NMFS will accept testing that has produced TED designs Specifically, through the advanced anonymous comments (enter ‘‘N/A’’ in that are effective on skimmer trawl search feature at this site, you can limit the required fields if you wish to remain vessels less than 40 feet (12.2 meters) in your search to documents published by anonymous). length. Therefore, NMFS is soliciting the Department. public comment on the potential FOR FURTHER INFORMATION CONTACT: expansion of TED requirements for Ruth Ryder, Michael Barnette, 727–551–5794, skimmer trawl vessels less than 40 feet [email protected]. Deputy Assistant Secretary for Policy and (12.2 meters) in length. NMFS is seeking Programs, Office of Elementary and SUPPLEMENTARY INFORMATION: Secondary Education. input from the public on the feasibility of employing these TEDs on smaller [FR Doc. 2021–08193 Filed 4–19–21; 8:45 am] Background length vessels, input on the associated BILLING CODE 4000–01–P Under the Endangered Species Act costs of any new TED requirements, and (ESA) and its implementing regulations, other potential environmental impacts. taking (e.g., harassing, injuring or DEPARTMENT OF COMMERCE killing) sea turtles is prohibited, except Request for Comments as identified in 50 CFR 223.206, in National Oceanic and Atmospheric compliance with the terms and NMFS requests comments on Administration conditions of a biological opinion potential impacts from a potential issued under section 7 of the ESA, or in expansion of TED requirements to other 50 CFR Parts 223 accordance with an incidental take skimmer trawl vessels, as well as other initiatives to reduce fishery bycatch of [Docket No. 210414–0079] permit issued under section 10 of the ESA. Incidental takes of threatened and threatened and endangered sea turtles in RIN 0648–BK49 endangered sea turtles during shrimp the southeast U.S. shrimp fisheries. Potential New Turtle Exclusion Device trawling are exempt from the taking Authority: 16 U.S.C. 1531–1543. Requirements for Skimmer Trawl prohibition of section 9 of the ESA so long as the conservation measures Dated: April 15, 2021. Vessels Less Than 40 Feet (12.2 Samuel D. Rauch, III, Meters) in Length specified in the sea turtle conservation regulations (50 CFR 223.206; 50 CFR Deputy Assistant Administrator for AGENCY: National Marine Fisheries 224.104) are followed. Regulatory Programs, National Marine Service (NMFS), National Oceanic and On December 16, 2016 (81 FR 91097), Fisheries Service. Atmospheric Administration (NOAA), NMFS published a proposed rule that [FR Doc. 2021–08108 Filed 4–19–21; 8:45 am] Commerce. would withdraw the tow time BILLING CODE 3510–22–P

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Notices Federal Register Vol. 86, No. 74

Tuesday, April 20, 2021

This section of the FEDERAL REGISTER incurred in providing laboratory Point (HACCP) principles; and other contains documents other than rules or services. The Cotton Statistics and marketing claims. The quality grades proposed rules that are applicable to the Estimates Act (7 U.S.C. 471–476) and serve as a basis for market prices and public. Notices of hearings and investigations, the U.S. Cotton Standards Act (7 U.S.C. reflect the value of agricultural committee meetings, agency decisions and 51–65) provide for classification of commodities to both producers and rulings, delegations of authority, filing of petitions and applications and agency cotton and development of cotton consumers. AMS’ grading and statements of organization and functions are standards materials necessary for cotton certification, audit and accreditation, examples of documents appearing in this classification. The Cotton Futures Act (7 plant process and equipment section. U.S.C. 15b) provides for futures verification, and laboratory approval certification services, and the Tobacco services are voluntary tools paid for by Inspection Act (7 U.S.C. 511–511s) the users on a fee-for-service basis. The DEPARTMENT OF AGRICULTURE provides for tobacco inspection and agriculture industry can use these tools grading. These Acts also provide for the to promote and communicate the Agricultural Marketing Service recovery of costs associated with these quality of agricultural commodities to [Document No. AMS–AMS–21–0037] services. consumers. Laboratory services are On November 13, 2014, the U.S. provided for analytic testing, including 2021/2022 Rates Charged for AMS Department of Agriculture (Department) but not limited to chemical, Services published in the Federal Register a final microbiological, biomolecular, and rule that established standardized physical analyses. AMS is required by AGENCY: Agricultural Marketing Service, formulas for calculating the fees charged statute to recover the costs associated USDA. by AMS user-funded programs (79 FR with these services. ACTION: Notice. 67313). Every year since then, the As required by the Cotton Statistics Department has published in the and Estimates Act (7 U.S.C. 471–476), SUMMARY: The Agricultural Marketing Federal Register a notice announcing consultations regarding the Service (AMS) is announcing the 2021/ the rates for its user–funded programs. establishment of the fee for cotton 2022 rates it will charge for voluntary This notice announces the 2021/2022 classification with U.S. cotton industry grading, inspection, certification, fee rates for voluntary grading, representatives are held in the auditing, and laboratory services for a inspection, certification, auditing, and beginning of the year when most variety of agricultural commodities laboratory services for a variety of industry stakeholder meetings take including meat and poultry, fruits and agricultural commodities including place. Representatives of all segments of vegetables, eggs, dairy products, rice, meat and poultry, fruits and vegetables, the cotton industry, including and cotton and tobacco. The 2021/2022 eggs, dairy products, rice, and cotton producers, ginners, bale storage facility regular, overtime, holiday, and and tobacco on a per-hour rate and, in operators, merchants, cooperatives, and laboratory services rates will be applied some instances, the equivalent per-unit textile manufacturers were informed of at the beginning of the crop year, fiscal cost. The per-unit cost is provided to the fees during various industry- year or as required by law depending on facilitate understanding of the costs sponsored forums. the commodity. Other starting dates are associated with the service to the added to this notice based on cotton Rates Calculations industries that historically used unit- industry practices. This action AMS calculated the rate for services, cost basis for payment. The fee rates establishes the rates for user-funded per hour per program employee, using will be effective at the beginning of the programs based on costs incurred by the following formulas (a per-unit base fiscal year, crop year, or as required by AMS. This year, nearly two-thirds of is included for programs that charge for specific laws. AMS user fee rates will remain services on a per-unit basis): The rates reflect direct and indirect unchanged from the previous year and (1) Regular rate. The total AMS costs of providing services. Direct costs a few will decrease, but increases are grading, inspection, certification, include the cost of salaries, employee necessary to many fees to cover costs. classification, audit, or laboratory benefits, and, if applicable, travel and service program personnel direct pay DATES: April 21, 2021. some operating costs. Indirect or divided by direct hours for the previous FOR FURTHER INFORMATION CONTACT: overhead costs include the cost of year, which is then multiplied by the Charles Parrott, AMS, USDA, Room Program and Agency activities next year’s percentage of cost of living 2063A–S, 1400 Independence Ave. SW, supporting the services provided to the increase, plus the benefits rate, plus the Washington, DC 20250; telephone (202) industry. The formula used to calculate operating rate, plus the allowance for 260–9144, fax (202) 692–0313, or email these rates also includes operating bad debt rate. If applicable, travel [email protected]. reserve, which may add to or draw upon expenses may also be added to the cost SUPPLEMENTARY INFORMATION: The the existing operating reserves. of providing the service. Agricultural Marketing Act of 1946, as These services include the grading, (2) Overtime rate. The total AMS amended (AMA)(7 U.S.C. 1621–1627), inspection or certification of quality grading, inspection, certification, provides for the collection of fees to factors in accordance with established classification, audit, or laboratory cover costs of various inspection, U.S. Grade Standards or other service program personnel direct pay grading, certification, or auditing specifications; audits or accreditation divided by direct hours, which is then services covering many agricultural according to International Organization multiplied by the next year’s percentage commodities and products. The AMA for Standardization (ISO) standards and/ of cost of living increase and then also provides for the recovery of costs or Hazard Analysis and Critical Control multiplied by 1.5, plus the benefits rate,

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plus the operating rate, plus an service program personnel direct pay travel expenses may also be added to allowance for bad debt. If applicable, divided by direct hours, which is then the cost of providing the service. travel expenses may also be added to multiplied by the next year’s percentage All rates are per-hour except when a the cost of providing the service. of cost of living increase and then per-unit cost is noted. The specific (3) Holiday rate. The total AMS multiplied by 2, plus the benefits rate, amounts in each rate calculation are grading, inspection, certification, plus the operating rate, plus an available upon request from the specific classification, audit, or laboratory allowance for bad debt. If applicable, AMS program.

2021/2022 RATES

Includes travel Regular Overtime Holiday costs in rate Start date

Cotton Fees

7 CFR Part 27—Cotton Classification Under Cotton Futures Legislation Subpart A—Regulations; §§ 27.80–27.90 Costs of Classifications and Micronaire

Cotton Standardization

Certification for Futures Contract (Grading services for $4.25/bale X August 1, 2021. samples submitted by CCC-licensed samplers).

Transfer of Certification Data to New Owner or Certified $0.20/bale or $5.00 per page minimum X August 1, 2021. Warehouse (Electronic transfer performed).

7 CFR Part 28—Cotton Classing, Testing, and Standards Subpart A—Regulations Under the United States Cotton Standards Act; §§ 28.115–28.126 Fees and Costs Subpart D—Cotton Classification and Market News Service for Producers; § 28.909 Costs; § 28.910 Classification of Samples and Issuance of Classification Data; § 28.911 Review Classification

Cotton Grading

Form 1: Grading Services for Producers (submitted by li- $2.30/bale X July 1, 2021. censed sampler).

Form 1 Review (new sample submitted by licensed sam- $2.30/bale X July 1, 2021. pler).

Form A Determinations (sample submitted by licensed $2.30/bale X July 1, 2021. warehouse).

Form C Determinations (sample submitted by non-li- $2.30/bale ...... July 1, 2021. censed entity; bale sampled under USDA supervision).

Form D Determination (sample submitted by owner or $2.30/bale X July 1, 2021. agent; classification represents sample only).

Foreign Growth Classification (sample of foreign growth $6.00/sample X August 1, 2021. cotton submitted by owner or agent; classification rep- resents sample only).

Arbitration (comparison of a sample to the official stand- $6.00/sample X August 1, 2021. ards or a sample type).

Practical Cotton Classing Exam (for non-USDA employ- Exam: $150/applicant, Reexamination: $130/ X July 1, 2021. ees). applicant

Special Sample Handling (return of samples per re- $0.50/sample X July 1, 2021. quest).

Electronic Copy of Classification Record ...... $0.05/bale ($5.00/month minimum with any X July 1, 2021. records received)

Form A Rewrite (reissuance of Form 1, Form A, or Fu- $0.15/bale or $5.00/page minimum X August 1, 2021. tures Certification data or combination).

Form R (reissuance of Form 1 classification only) ...... $0.15/bale or $5.00/page minimum X July 1, 2021.

International Instrument Level Assessment ...... $4.00/sample X July 1, 2021.

Dairy Fees

7 CFR Part 58—Grading and Inspection, General Specifications for Approved Plants and Standards for Grades of Dairy Products Subpart A—Regulations Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products;

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2021/2022 RATES—Continued

Includes travel Regular Overtime Holiday costs in rate Start date

§§ 58.38–58.46 Fees and Charges

Continuous Resident Grading Service ...... $80.00 $96.49 $112.97 X Oct 1, 2021. Non-resident and Intermittent Grading Service; State 90.00 107.89 125.78 X Oct 1, 2021. Graders. Non-resident Services 6 p.m.–6 a.m. (10 percent night 99.00 118.68 138.36 X Oct 1, 2021. differential). Export Certificate Services (per certificate) ...... 85.00 N/A N/A ...... Oct 1, 2021. Equipment Review 1 ...... 100.00 121.25 142.49 ...... Oct 1, 2021. Audit Services ...... 103.00 119.00 N/A X Oct 1, 2021. Special Handling ...... 41.00 N/A N/A ...... Oct 1, 2021. Fax/PDF Charge (per copy) ...... 4.00 N/A N/A ...... Oct 1, 2021. Derogation Application (per application) ...... 123.00 N/A N/A ...... Oct 1, 2021.

Specialty Crops Fees

7 CFR Part 51—Fresh Fruits, Vegetables and Other Products (Inspection, Certification, and Standards) Subpart A—Regulations; §§ 51.37–51.44 Schedule of Fees and Charges at Destination Markets § 51.45 Schedule of Fees and Charges at Shipping Point Areas

Quality and Condition Inspections for Whole Lots ...... $210.00 per lot ...... Oct 1, 2021.

Quality and Condition Half Lot or Condition-Only Inspec- $174.00 per lot ...... Oct 1, 2021. tions for Whole Lots.

Condition—Half Lot ...... $161.00 per lot ...... Oct 1, 2021.

Quality and Condition or Condition-Only Inspections for $96.00 per lot ...... Oct 1, 2021. Additional Lots of the Same Product.

Dockside Inspections—Each package weighing <30 lbs. $0.044 per pkg...... Oct 1, 2021.

Dockside Inspections—Each package weighing >30 lbs. $0.068 per pkg...... Oct 1, 2021.

Charge per Individual Product for Dockside Inspection ... $210.00 per lot ...... Oct 1, 2021.

Charge per Each Additional Lot of the Same Product ..... $96.00 per lot ...... Oct 1, 2021.

Inspections for All Hourly Work ...... $93.00 I $122.00 I $147.00 ...... Oct 1, 2021. Audit Services—Federal ...... $115.00 ...... Oct 1, 2021.

Audit Services—State ...... $115.00 ...... Oct 1, 2021.

GFSI Certification Fee 2 ...... $250 per audit ...... Oct 1, 2021.

7 CFR Part 52—Processed Fruits and Vegetables, Processed Products Thereof, and Other Processed Food Products Subpart—Regulations Governing Inspection and Certification; §§ 52.41–52.51 Fees and Charges

Lot Inspections ...... $75.00 $100.00 $124.00 ...... Oct 1, 2021. In-plant Inspections Under Annual Contract (year-round) 75.00 100.00 124.00 ...... Oct 1, 2021. Additional Graders (in-plant) or Less Than Year-Round .. 85.00 112.00 138.00 ...... Oct 1, 2021.

Audit Services—Federal ...... $115.00 ...... Oct 1, 2021.

Audit Services—State ...... $115.00 ...... Oct 1, 2021.

GFSI Certification Fee 2 ...... $250 per audit ...... Oct 1, 2021.

Meat Fees

7 CFR Part 54—Meats, Prepared Meats, and Meat Products (Grading, Certification, and Standards) Subpart A—Regulations; §§ 54.27–54.28 Charges for Service

Scheduled Grading ...... $86.00 $105.00 $123.00 X Oct 1, 2021. Unscheduled Grading ...... 114.00 132.00 154.00 ...... Oct 1, 2021. Scheduled Night Differential (6 p.m.–6 a.m.) ...... 95.00 115.00 123.00 X Oct 1, 2021.

7 CFR Part 62—Livestock, Meat and Other Agricultural Commodities (Quality Systems Verification Programs) Subpart A—Quality Systems Verification Definitions

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2021/2022 RATES—Continued

Includes travel Regular Overtime Holiday costs in rate Start date

§ 62.300 Fees and Other Costs for Service

Auditing Activities ...... $150.00 $222.00 $231.00 ...... Oct 1, 2021.

Poultry Fees

7 CFR Part 56—Voluntary Grading of Shell Eggs Subpart A—Grading of Shell Eggs; §§ 56.45–56.54 Fees and Charges 7 CFR Part 70—Voluntary Grading of Poultry and Rabbit Products Subpart A—Grading of Poultry and Rabbit Products; §§ 70.70–70.78 Fees and Charges

Scheduled Grading ...... $63.00 $82.00 $99.00 X Oct 1, 2021. Scheduled, Night Differential (6 p.m.–6 a.m.) ...... 69.00 91.00 99.00 X Oct 1, 2021. Scheduled, Sunday Differential ...... 81.00 105.00 N/A X Oct 1, 2021. Scheduled, Sunday and Night Differential ...... 90.00 116.00 N/A X Oct 1, 2021. Unscheduled Grading ...... 99.00 122.00 147.00 ...... Oct 1, 2021. Audit Service ...... 150.00 222.00 231.00 ...... Oct 1, 2021.

Science and Technology Fees

7 CFR Part 91—Services and General Information (Science and Technology) Subpart I—Fees and Charges; §§ 91.37–91.45

Laboratory Testing Services ...... $98.00 $116.00 $133.00 ...... Oct 1, 2021. Laboratory Approval Services 1 ...... 188.00 212.00 237.00 X Jan 1, 2022.

7 CFR Part 75—Regulations for Inspection and Certification of Quality of Agricultural and Vegetable Seeds § 75.41 General

Laboratory Testing ...... $58.00 I $86.00 I $115.00 X Oct 1, 2021. Administrative Fee ...... $14.50 per certificate ...... Oct 1, 2021.

Auditing Services ...... $115.00 ...... Oct 1, 2021.

Tobacco Fees

7 CFR Part 29—Tobacco Inspection Subpart A—Policy Statement and Regulations Governing the Extension of Tobacco Inspection and Price Support Services to New Markets and to Additional Sales on Designated Markets; Subpart B—Regulations; §§ 29.123–29.129 Fees and Charges; § 29.500 Fees and charges for inspection and acceptance of imported tobacco Subpart F—Policy Statement and Regulations Governing the Identification and Certification of Non-quota Tobacco Produced and Marketed in Quota Area; § 29.9251 Fees and Charges

Domestic Permissive Inspection and Certification (re- $55.00 $64.00 $72.00 ...... July 1, 2021. grading of domestic tobacco for processing plants, re- testing of imported tobacco, and grading tobacco for research stations).

Export Permissive Inspection and Certification (grading $0.0025/pound X July 1, 2021. of domestic tobacco for manufacturers and dealers for duty drawback consideration).

Grading for Risk Management Agency (for Tobacco $0.0765/pound X July 1, 2021. Crop Insurance Quality Adjustment determinations).

Pesticide Test Sampling (collection of certified tobacco $0.0065/kg or $0.0029/pound X July 1, 2021. sample and shipment to AMS National Science Lab- oratory for testing).

Pesticide Retest Sampling (collection of certified tobacco $115.00/sample and $55.00/hour X July 1, 2021. sample from a previously sampled lot for re-testing at the AMS National Science Laboratory; fee includes shipping).

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2021/2022 RATES—Continued

Regular Overtime Holiday Includes travel Start date I I costs in rate Standards Course (training by USDA-certified instructor $1,250.00/person ...... July 1, 2021. on tobacco grading procedures).

Import Inspection and Certification (grading of imported $0.0475/kg or $0.0215/pound X July 1, 2021. tobacco for manufacturers and dealers).

Rice Fees

7 CFR Part 868—General Regulations and Standards for Certain Agricultural Commodities Subpart A—Regulations; §§ 868.91 Fees for certain Federal rice inspection services

Contract (per hour per Service representative) 3 ...... $41.50 $51.90 $62.30 ...... Oct 1, 2021. 3 Noncontract (per hour per Service representative) ...... 51.90 I 64.90 I 77.90 ...... Oct 1, 2021. Export Port Services (per hundredweight) 4 ...... $0.047/CWT ...... Oct 1, 2021.

Inspection for quality (per lot, sublot, or sample inspection):

Rough rice ...... $35.70 ...... Oct 1, 2021.

Brown rice for processing ...... $31.50 ...... Oct 1, 2021.

Milled rice ...... $24.20 ...... Oct 1, 2021.

Factor analysis for any single factor (per factor):

Milling yield (per sample) (Rough or Brown rice) ...... $27.10 ...... Oct 1, 2021.

All other factors (per factor) (all rice) ...... $15.00 ...... Oct 1, 2021.

Total oil and free fatty acid ...... $42.10 ...... Oct 1, 2021.

Faxed and extra copies of certificates (per copy) ..... $1.90 ...... Oct 1, 2021.

Stowage examination (service-on-request):

Ship ...... $36.00 (per stowage space, minimum 5 spaces ...... Oct 1, 2021. per ship)

Subsequent ship examinations ...... $36.00 (per stowage space, minimum 3 spaces ...... Oct 1, 2021. per ship)

Barge (per examination) ...... $31.40 ...... Oct 1, 2021.

All other carriers (per examination) ...... $11.70 ...... Oct 1, 2021. 1 Travel costs outside the United States will be added to the fee, if applicable. 2 Global Food Safety Initiative (GFSI) Certification Fee—$250 per GFSI audit to recoup the costs associated with attaining technical equiva- lency to the GFSI benchmarking requirements. 3 Original and appeal inspection services include: Sampling, grading, weighing, and other services requested by the applicant when performed at the applicant’s facility. 4 Services performed at export locations on lots at rest.

Authority: 7 U.S.C. 15b; 7 U.S.C. 473a–b; DEPARTMENT OF AGRICULTURE under the United States Grain Standards 7 U.S.C. 55 and 61; 7 U.S.C. 51–65; 7 U.S.C. Act (USGSA). To ensure that standards 471–476; 7 U.S.C. 511, 511s; and 7 U.S.C. Agricultural Marketing Service and official grading practices remain 1621–1627. relevant, AMS invites interested parties [AMS–FGIS–21–0017] Bruce Summers, to comment on whether the current wheat standards and grading practices United States Standards for Wheat Administrator, Agricultural Marketing need to be changed. Service. AGENCY: Agricultural Marketing Service, [FR Doc. 2021–08069 Filed 4–19–21; 8:45 am] DATES: We will consider comments we USDA. BILLING CODE P receive by July 19, 2021. ACTION: Notice; request for information. ADDRESSES: Interested persons are SUMMARY: The United States Department invited to submit written comments of Agriculture’s (USDA) Agricultural concerning this notice. All comments Marketing Service (AMS) is seeking must be submitted through the Federal comments from the public regarding the e-rulemaking portal at http:// United States Standards for Wheat www.regulations.gov and should

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reference the document number and the In order for U.S. standards and Agriculture, Room 5336 South Building, date and page number of this issue of grading procedures for wheat to remain 1400 Independence Avenue SW, the Federal Register. Instructions for relevant, AMS is issuing this request for Washington, DC 20250–2024. submitting and reading comments are information to invite interested parties FOR FURTHER INFORMATION CONTACT detailed on the site. All comments to submit comments, ideas, and Kevin L. Barnes, Associate submitted in response to this notice will suggestions on all aspects of the U.S. Administrator, National Agricultural be included in the record and will be Standards for Wheat and official Statistics Service, U.S. Department of made available to the public. Please be procedures. Agriculture, (202)720–2707. Copies of advised that the identity of the Authority: 7 U.S.C. 71–87k. this information collection and related individuals or entities submitting instructions can be obtained without comments will be made public on the Bruce Summers, charge from David Hancock, NASS— internet at the address provided above. Administrator, Agricultural Marketing OMB Clearance Officer, at (202)690– Service. FOR FURTHER INFORMATION CONTACT: 2388 or at [email protected]. [FR Doc. 2021–08062 Filed 4–19–21; 8:45 am] Barry Gomoll, USDA, AMS; Telephone: SUPPLEMENTARY INFORMATION: (202) 720–8286; email: Barry.L.Gomoll@ BILLING CODE P Title: Mink Survey. usda.gov. OMB Control Number: 0535–0212. Expiration Date of Approval: DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: Section 4 December 31, 2021. of the USGSA (7 U.S.C. 76(a)) grants the National Agricultural Statistics Service Type of Request: Intent to Seek Secretary of Agriculture the authority to Approval to Revise and Extend an establish standards for wheat and other Notice of Intent To Request Revision Information Collection for 3 years. grains regarding kind, class, quality, and and Extension of a Currently Approved Abstract: The primary objective of the condition. The wheat standards, Information Collection National Agricultural Statistics Service established by USDA on August 1, 1917, is to prepare and issue State and were last revised in 2013 (78 FR 27857) AGENCY: National Agricultural Statistics national estimates of crop and livestock and appear in USGSA regulations at 7 Service, USDA. production, prices, and disposition. The CFR 810.2201–2205. The standards ACTION: Notice and request for Mink Survey collects data on the facilitate wheat marketing and define comments. number of mink pelts produced, the U.S. wheat quality in the domestic and number of females bred, the value of global marketplace. The standards SUMMARY: In accordance with the pelts produced, and the number of mink define commonly used industry terms; Paperwork Reduction Act of 1995, this farms. Mink estimates are used by the contain basic principles governing the notice announces the intention of the federal government to calculate total application of standards, such as the National Agricultural Statistics Service value of sales and total cash receipts, by type of sample used for a particular (NASS) to request revision and State governments to administer fur quality analysis; define the basis of extension of a currently approved farm programs and health regulations, determination for grading factors; and information collection, the Mink and by universities in research projects. specify grades and grade requirements. Survey. The target population will be The current expiration date for this Official procedures for determining pulled from the NASS List Frame of docket is December 31, 2021. grading factors are provided in the Grain operations with positive historical data. States included in this survey are Inspection Handbook, Book II, Chapter The frame is updated with the names of Idaho, Illinois, Iowa, Michigan, 13, ‘‘Wheat.’’ Together, the grading new operations that are found in trade Minnesota, Montana, New Hampshire, standards and official procedures allow magazines or grower’s association’s New York, North Carolina, Ohio, buyers and sellers to communicate lists. The questionnaires that NASS is Oregon, Pennsylvania, South Dakota, quality requirements, compare wheat planning to use are the same as what Utah, Virginia, Washington, and quality using equivalent forms of was used in previous years. Any Wisconsin. In the previous approval measurement, and assist in price additional changes to the questionnaires New Jersey was included, but they have discovery. would result from requests by industry been dropped from this renewal request FGIS grading and inspection services data users. and Virginia has been added to the are provided through a network of DATES: Comments on this notice must be target population. NASS intends to Federal, State, and private laboratories received by June 21, 2021 to be assured request that the Mink Survey be that conduct tests to determine the of consideration. approved for another 3 years. quality and condition of wheat. These ADDRESSES: You may submit comments, Authority: These data will be tests are conducted in accordance with identified by docket number 0535–0212, collected under the authority of 7 U.S.C. applicable standards using approved by any of the following methods: 2204(a). Individually identifiable data methodologies and can be applied at • Email: [email protected]. collected under this authority are any point in the marketing chain. Include docket number above in the governed by Section 1770 of the Food Furthermore, the tests yield rapid, subject line of the message. Security Act of 1985 as amended, 7 reliable, and consistent results. In • E-fax: (855) 838–6382. U.S.C. 2276, which requires USDA to addition, FGIS-issued certificates • Mail: Mail any paper, disk, or CD– afford strict confidentiality to non- describing the quality and condition of ROM submissions to: David Hancock, aggregated data provided by graded wheat are accepted as prima NASS Clearance Officer, U.S. respondents. This Notice is submitted in facie evidence in all Federal courts. U.S. Department of Agriculture, Room 5336 accordance with the Paperwork Standards for Wheat and the affiliated South Building, 1400 Independence Reduction Act of 1995, Public Law 104– grading and testing services offered by Avenue SW, Washington, DC 20250– 13 (44 U.S.C. 3501, et seq.), and Office FGIS verify that a seller’s wheat meet 2024. of Management and Budget regulations specified requirements and ensure that • Hand Delivery/Courier: Hand at 5 CFR part 1320. customers receive the quality of wheat deliver to: David Hancock, NASS NASS also complies with OMB they purchased. Clearance Officer, U.S. Department of Implementation Guidance,

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‘‘Implementation Guidance for Title V Hampshire Advisory Committee to the a. Overview of Report Findings and of the E-Government Act, Confidential Commission will convene by web Recommendations Information Protection and Statistical conference on Monday, May 17, 2021 at b. Q&A from Attendees Efficiency Act of 2002 (CIPSEA),’’ 4:00–5:00 p.m. (ET). The purpose of the 4. Public Comment Federal Register, Vol. 72, No. 115, June web conference is to announce the 5. Adjourn 15, 2007, p. 33362. release of its report on solitary Dated: April 15, 2021. Estimate of Burden: Public reporting confinement in New Hampshire and David Mussatt, burden for this collection of information share findings and recommendations Supervisory Chief, Regional Programs Unit. is estimated to average 10 minutes per from the report. [FR Doc. 2021–08109 Filed 4–19–21; 8:45 am] response for the producers and DATES: Monday, May 17, 2021 from BILLING CODE P approximately 30 minutes per response 4:00–5:00 p.m. (ET). for the buyers. NASS plans to mail out PUBLIC WEBEX CONFERENCE publicity materials with the REGISTRATION LINK (video and CIVIL RIGHTS COMMISSION questionnaires to inform operators of audio): https://bit.ly/2Q72Req. the importance of these surveys. NASS TO JOIN BY PHONE ONLY: Dial 1– Notice of Public Meeting of the Oregon will also use multiple mailings, 800–360–9505; Access code: 199 227 Advisory Committee followed up with phone and personal 9165. AGENCY: U.S. Commission on Civil enumeration to increase response rates FOR FURTHER INFORMATION CONTACT: Rights. and to minimize data collection costs. Mallory Trachtenberg at Respondents: Farmers and ranchers. [email protected] or by phone at ACTION: Announcement of meeting. Estimated Number of Respondents: (202) 809–9618. 250. SUMMARY: Notice is hereby given, SUPPLEMENTARY INFORMATION: The Estimated Total Annual Burden on pursuant to the provisions of the rules meeting is available to the public Respondents: 75 hours. and regulations of the U.S. Commission through the web link above. If joining Comments: Comments are invited on: on Civil Rights (Commission) and the only via phone, callers can expect to (a) Whether the proposed collection of Federal Advisory Committee Act incur charges for calls they initiate over information is necessary for the proper (FACA) that the Oregon Advisory wireless lines, and the Commission will performance of the functions of the Committee (Committee) will hold a not refund any incurred charges. agency, including whether the meeting via web conference on Individuals who are deaf, deafblind and information will have practical utility; Thursday, June 3, 2021, from 3:00 p.m. hard of hearing. Individuals may also (b) the accuracy of the agency’s estimate to 4:00 p.m. Pacific Time. The purpose follow the proceedings by first calling of the burden of the proposed collection of the meeting is for final review of the Federal Relay Service at 1–800–877– of information, including the validity of report and vote. 8339 and providing the Service with the methodology and assumptions used; DATES: The meeting will be held on conference details found through (c) ways to enhance the quality, utility, Thursday, June 3, 2021 from 3:00 p.m. registering at the web link above. To and clarity of the information to be to 4:00 p.m. PT. request additional accommodations, collected; and (d) ways to minimize the WEBEX INFORMATION: Register please email [email protected] burden of the collection of information online https://civilrights.webex.com/ at least 7 days prior to the meeting. on those who are to respond, through meet/afortes. Members of the public are entitled to the use of appropriate automated, AUDIO: (800) 360–9505. make comments during the open period electronic, mechanical, technological, or FOR FURTHER INFORMATION CONTACT at the end of the meeting. Members of : Ana other forms of information technology the public may also submit written Victoria Fortes, Designated Federal collection methods. comments; the comments must be Officer (DFO) at [email protected] or by All responses to this notice will received in the Regional Programs Unit phone at (202) 681–0857. become a matter of public record and be within 30 days following the meeting. SUPPLEMENTARY INFORMATION: Any summarized in the request for OMB Written comments may be emailed to interested member of the public may approval. Mallory Trachtenberg at call this number and listen to the Signed at Washington, DC, April 15, 2021. [email protected]. Persons who meeting. Callers can expect to incur Kevin L. Barnes, desire additional information may charges for calls they initiate over Associate Administrator. contact the Regional Programs Unit at wireless lines, and the Commission will [FR Doc. 2021–08114 Filed 4–19–21; 8:45 am] (202) 809–9618. Records and documents not refund any incurred charges. Callers will incur no charge for calls they BILLING CODE 3410–20–P discussed during the meeting will be available for public viewing as they initiate over land-line connections to become available at the toll-free telephone number. Persons with hearing impairments may also CIVIL RIGHTS COMMISSION www.facadatabase.gov. Persons interested in the work of this advisory follow the proceedings by first calling Notice of Public Meeting of the New committee are advised to go to the the Federal Relay Service at 1–800–877– Hampshire Advisory Committee Commission’s website, www.usccr.gov, 8339 and providing the Service with the or to contact the Regional Programs Unit conference call number and conference AGENCY: Commission on Civil Rights. at the above phone number or email ID number. ACTION: Announcement of meeting. address. Members of the public are entitled to make comments during the open period SUMMARY: Notice is hereby given, Agenda: Monday, May 17, 2021; 4:00– at the end of the meeting. Members of pursuant to the provisions of the rules 5:00 p.m. (ET) the public may also submit written and regulations of the U.S. Commission 1. Welcome and Roll call comments; the comments must be on Civil Rights (Commission), and the 2. Chair Remarks received in the Regional Programs Unit Federal Advisory Committee Act 3. Web Conference to Release Report on Office within 30 days following the (FACA), that a briefing of the New Solitary Confinement meeting. Written comments may be

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mailed to Ana Victoria Fortes at AUDIO: (800) 360–9505. CIVIL RIGHTS COMMISSION [email protected] in the Regional FOR FURTHER INFORMATION CONTACT: Ana Programs Unit Office/Advisory Victoria Fortes, Designated Federal Notice of Public Meeting of the Oregon Committee Management Unit. Persons Officer (DFO) at [email protected] or by Advisory Committee who desire additional information may phone at (202) 681–0857. contact the Regional Programs Unit SUPPLEMENTARY INFORMATION: Any AGENCY: U.S. Commission on Civil Office (202) 681–0587. interested member of the public may Rights. Records and documents discussed call this number and listen to the ACTION: Announcement of meeting. during the meeting will be available for meeting. Callers can expect to incur public viewing prior to and after the charges for calls they initiate over meetings at https://www.facadatabase. SUMMARY: Notice is hereby given, wireless lines, and the Commission will pursuant to the provisions of the rules gov/FACA/apex/FACAPublic not refund any incurred charges. Callers and regulations of the U.S. Commission Committee?id=a10t0000001gzlwAAA. will incur no charge for calls they on Civil Rights (Commission) and the Please click on the ‘‘Committee initiate over land-line connections to Federal Advisory Committee Act Meetings’’ tab. Records generated from the toll-free telephone number. Persons these meetings may also be inspected with hearing impairments may also (FACA) that the Oregon Advisory and reproduced at the Regional follow the proceedings by first calling Committee (Committee) will hold a Programs Unit, as they become the Federal Relay Service at 1–800–877– meeting via web conference on Friday, available, both before and after the 8339 and providing the Service with the April 30, 2021, from 2:00 p.m. to 3:00 meetings. Persons interested in the work conference call number and conference p.m. Pacific Time. The purpose of the of this Committee are directed to the ID number. meeting is to continue reviewing report Commission’s website, https:// Members of the public are entitled to findings and recommendations. www.usccr.gov, or may contact the make comments during the open period DATES: The meeting will be held on Regional Programs Unit at the above at the end of the meeting. Members of Friday, April 30, 2021 from 2:00 p.m. to email or street address. the public may also submit written 3:00 p.m. PT. comments; the comments must be Agenda received in the Regional Programs Unit WEBEX INFORMATION: Register I. Welcome Office within 30 days following the online https://civilrights.webex.com/ II. Review Report meeting. Written comments may be meet/afortes. III. Public Comment mailed to Ana Victoria Fortes at AUDIO: (800) 360–9505. VI. Vote [email protected] in the Regional FOR FURTHER INFORMATION CONTACT: V. Review Next Steps Programs Unit Office/Advisory Ana VI. Adjournment Committee Management Unit. Persons Victoria Fortes, Designated Federal Officer (DFO) at [email protected] or by Dated: April 15, 2021. who desire additional information may phone at (202) 681–0857. David Mussatt, contact the Regional Programs Unit Supervisory Chief, Regional Programs Unit. Office (202) 681–0587. SUPPLEMENTARY INFORMATION: Any Records and documents discussed interested member of the public may [FR Doc. 2021–08104 Filed 4–19–21; 8:45 am] during the meeting will be available for BILLING CODE P call this number and listen to the public viewing prior to and after the meeting. Callers can expect to incur meetings at https://www.facadatabase. charges for calls they initiate over gov/FACA/apex/FACAPublic CIVIL RIGHTS COMMISSION wireless lines, and the Commission will Committee?id=a10t0000001gzlwAAA. not refund any incurred charges. Callers Please click on the ‘‘Committee Notice of Public Meeting of the Oregon will incur no charge for calls they Meetings’’ tab. Records generated from Advisory Committee initiate over land-line connections to these meetings may also be inspected the toll-free telephone number. Persons AGENCY: U.S. Commission on Civil and reproduced at the Regional with hearing impairments may also Rights. Programs Unit, as they become follow the proceedings by first calling ACTION: Announcement of meeting. available, both before and after the meetings. Persons interested in the work the Federal Relay Service at 1–800–877– SUMMARY: Notice is hereby given, of this Committee are directed to the 8339 and providing the Service with the pursuant to the provisions of the rules Commission’s website, https:// conference call number and conference and regulations of the U.S. Commission www.usccr.gov, or may contact the ID number. on Civil Rights (Commission) and the Regional Programs Unit at the above Members of the public are entitled to Federal Advisory Committee Act email or street address. make comments during the open period (FACA) that the Oregon Advisory at the end of the meeting. Members of Agenda: Committee (Committee) will hold a the public may also submit written meeting via web conference on Tuesday, I. Welcome comments; the comments must be May 18, 2021, from 3:00 p.m. to 4:00 II. Review Report Findings and received in the Regional Programs Unit p.m. Pacific Time. The purpose of the Recommendations Office within 30 days following the meeting is to continue reviewing report III. Public Comment meeting. Written comments may be findings and recommendations. VI. Review Next Steps V. Adjournment mailed to Ana Victoria Fortes at DATES: The meeting will be held on [email protected] in the Regional Tuesday, May 18, 2021 from 3:00 p.m. Dated: April 15, 2021. Programs Unit Office/Advisory to 4:00 p.m. PT. David Mussatt, Committee Management Unit. Persons WEBEX INFORMATION: Register Supervisory Chief, Regional Programs Unit. who desire additional information may online https://civilrights.webex.com/ [FR Doc. 2021–08105 Filed 4–19–21; 8:45 am] contact the Regional Programs Unit meet/afortes. BILLING CODE P Office (202) 681–0587.

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Records and documents discussed in writing via email by Monday, May Detailed Summary Metrics. As during the meeting will be available for 17, 2021. mentioned before, these data products public viewing prior to and after the ADDRESSES: The Census Bureau tribal will be released April 30, 2021. Tribes meetings at https://www.facadatabase. consultation webinar meeting will be will have four weeks to analyze the data gov/FACA/apex/FACAPublic held via the WebEx platform at the and provide input. Committee? following presentation link: https:// For more information, please see the id=a10t0000001gzlwAAA.Please click uscensus.webex.com/uscensus/onstage/ following URL link: https:// on the ‘‘Committee Meetings’’ tab. g.php?MTID=eb7bb8735ddcf www.census.gov/programs-surveys/ Records generated from these meetings 8a4debfd568ee4591082. decennial-census/2020-census/ may also be inspected and reproduced If the webinar requires a WebEx Event planning-management/2020-census- at the Regional Programs Unit, as they number, type: 199 367 3090. If the data-products.html. become available, both before and after webinar requires a password, type: @ Ron S. Jarmin, Acting Director, the meetings. Persons interested in the Census1. Bureau of the Census, approved the work of this Committee are directed to For audio, please call the following publication of this Notice in the Federal the Commission’s website, https:// number: 1–888–972–4304 or 1–312– Register. www.usccr.gov, or may contact the 470–7164. When prompted, please use Dated: April 14, 2021. Regional Programs Unit at the above the following Participant Code: Sheleen Dumas, email or street address. 4071470. For 1-way listen only Department PRA Clearance Officer, Office of computer audio, please click the Audio Agenda the Chief Information Officer, Commerce Broadcast button in WebEx. If it does Department. I. Welcome not connect, please use the telephone [FR Doc. 2021–08060 Filed 4–19–21; 8:45 am] II. Review Report Findings and audio option. BILLING CODE 3510–07–P Recommendations Please direct all written comments via III. Public Comment email to Dee Alexander, Tribal Affairs VI. Review Next Steps Coordinator, U.S. Census Bureau, at DEPARTMENT OF COMMERCE V. Adjournment [email protected] or Dated: April 15, 2021. [email protected]. International Trade Administration David Mussatt, FOR FURTHER INFORMATION CONTACT: Dee [A–580–876] Supervisory Chief, Regional Programs Unit. Alexander, Tribal Affairs Coordinator, [FR Doc. 2021–08106 Filed 4–19–21; 8:45 am] Office of Congressional and Welded Line Pipe From the Republic of BILLING CODE P Intergovernmental Affairs, Korea: Preliminary Results of Intergovernmental Affairs Office, U.S. Antidumping Duty Administrative Census Bureau, Washington, DC 20233; Review; 2018–2019 DEPARTMENT OF COMMERCE telephone 301–763–9335; fax 301–763– AGENCY: Enforcement and Compliance, 3780; or email at Dee.A.Alexander@ International Trade Administration, Bureau of the Census census.gov or [email protected]. Department of Commerce. SUPPLEMENTARY INFORMATION: The 2020 Census Tribal Consultation; SUMMARY: The Department of Commerce Census Bureau is planning one national Virtual Public Meeting (Commerce) preliminarily determines webinar on May 19, 2021 with federally that neither of the mandatory AGENCY: Bureau of the Census, recognized tribes, which will provide a respondents subject to this Department of Commerce. forum for tribes to receive an update on administrative review made sales of ACTION: Notice of virtual public meeting. the Privacy-Protected Microdata Files subject merchandise at less than normal (PPMFs) and Detailed Summary value (NV). Interested parties are invited SUMMARY: The Bureau of the Census Metrics, to be released by April 30, to comment on these preliminary results (Census Bureau) will conduct a 2020 2021. The Census Bureau would like to of review. Census Disclosure Avoidance System inform the tribes of these data and to DATES: Applicable April 20, 2021. (DAS) tribal consultation meeting on provide an opportunity for tribal input FOR FURTHER INFORMATION CONTACT: May 19, 2021, via a national webinar. to inform final decisions about the The tribal consultation meeting reflects David Goldberger or Joshua Tucker, AD/ settings and parameters of the DAS for CVD Operations, Office II, Enforcement the Census Bureau’s continuous the production run of the Public Law commitment to strengthen government- and Compliance, International Trade 94–171 redistricting data product that Administration, U.S. Department of to-government relationships with will be made available at the June 2021 federally recognized tribes. The Census Commerce, 1401 Constitution Avenue Data Stewardship Executive Policy NW, Washington, DC 20230; telephone: Bureau’s procedures for outreach, Committee meeting. (202) 482–4136 or (202) 482–2044, notice, and consultation ensure In accordance with Executive Order respectively. involvement of tribes, to the extent 13175, Consultation and Coordination practicable and permitted by law, before with Indian Tribal Governments, issued SUPPLEMENTARY INFORMATION: making decisions or implementing November 6, 2000, the Census Bureau Background policies, rules, or programs that affect has adhered to its tribal consultation On February 6, 2020, based on timely federally recognized tribal governments. policy by seeking the input of tribal requests for review, in accordance with These meetings are open to citizens of governments in the planning and 19 CFR 351.221(c)(1)(i), we initiated an federally recognized tribes by invitation. implementation of the 2020 Census with administrative review of the DATES: The Census Bureau will conduct the goal of ensuring the most accurate antidumping duty order on welded line the tribal consultation webinar on counts and data for the American Indian pipe from Korea.1 The period of review Wednesday, May 19, 2021, from 3:00 and Alaska Native population. In that p.m. to 4:30 p.m. EDT. Any questions or regard, the Census Bureau will be 1 See Initiation of Antidumping and topics to be considered in the tribal seeking comments to the Upcoming Countervailing Duty Administrative Reviews, 85 FR consultation meetings must be received Demonstration Product—PPMFs and 6896 (February 6, 2020).

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is December 1, 2018, through November Decision Memorandum can be accessed amount by the total quantity of those 30, 2019. On April 24 and July 21, 2020, directly at http://enforcement.trade.gov/ sales. Where either the respondent’s Commerce tolled the deadlines for this frn/. A list of the topics discussed in the weighted-average dumping margin is administrative review by 50 days and 60 Preliminary Decision Memorandum is zero or de minimis within the meaning additional days, respectively.2 In attached as Appendix I to this notice. of 19 CFR 351.106(c)(1), or an importer- December 2020, we extended the specific rate is zero or de minimis, we Preliminary Results of the Review preliminary results of this review to no will instruct CBP to liquidate the later than April 19, 2021.3 For a As a result of this review, we appropriate entries without regard to complete description of the events that preliminarily determine the following antidumping duties. followed the initiation of this review, weighted-average dumping margins for For the companies which were not see the Preliminary Decision the period December 1, 2018, through selected for individual review, we will Memorandum.4 November 30, 2019: assign an assessment rate based on the weighted average of the cash deposit Scope of the Order Weighted- rates calculated for NEXTEEL and average SeAH. The final results of this review The merchandise subject to the order Producer or exporter dumping is welded line pipe.5 The product is margin shall be the basis for the assessment of currently classified under the following (percent) antidumping duties on entries of Harmonized Tariff Schedule of the merchandise covered by the final results United States (HTSUS) item numbers: NEXTEEL Co., Ltd ...... 0.00 of this review and for future deposits of 7305.11.1030, 7305.11.1060, SeAH Steel Corporation ...... 0.00 estimated duties, where applicable.7 Companies Not Selected for In- Commerce’s ‘‘automatic assessment’’ 7305.11.5000, 7305.12.1030, dividual Review 6 ...... 0.00 7305.12.1060, 7305.12.5000, practice will apply to entries of subject 7305.19.1030, 7305.19.5000, merchandise during the POR produced Review-Specific Average Rate for 7306.19.1010, 7306.19.1050, by NEXTEEL or SeAH for which the Companies Not Selected for Individual 7306.19.5110, and 7306.19.5150. reviewed companies did not know that Review Although the HTSUS numbers are the merchandise they sold to the provided for convenience and for The exporters or producers not intermediary (e.g., a reseller, trading customs purposes, the written product selected for individual review are listed company, or exporter) was destined for description remains dispositive. in Appendix II. the United States. In such instances, we will instruct CBP to liquidate Methodology Assessment Rates unreviewed entries at the all-others rate Commerce is conducting this review Upon completion of this if there is no rate for the intermediate in accordance with section 751(a) of the administrative review, Commerce shall company(ies) involved in the Tariff Act of 1930, as amended (the Act). determine, and U.S. Customs and transaction. 8 Export price and constructed export Border Protection (CBP) shall assess, Consistent with its recent notice, price are calculated in accordance with antidumping duties on all appropriate Commerce intends to issue assessment section 772 of the Act. NV is calculated entries. instructions to CBP no earlier than 35 in accordance with section 773 of the Pursuant to 19 CFR 351.212(b)(1), days after the date of publication of the Act. For a full description of the where NEXTEEL Co., Ltd. (NEXTEEL) final results of this review in the methodology underlying our reported the entered value of its U.S. Federal Register. If a timely summons is conclusions, see the Preliminary sales, we calculated importer-specific filed at the U.S. Court of International Decision Memorandum. The ad valorem duty assessment rates based Trade, the assessment instructions will Preliminary Decision Memorandum is a on the ratio of the total amount of direct CBP not to liquidate relevant public document and is on file dumping calculated for the examined entries until the time for parties to file electronically via Enforcement and sales to the total entered value of the a request for a statutory injunction has Compliance’s Antidumping and sales for which entered value was expired (i.e., within 90 days of Countervailing Duty Centralized reported. SeAH Steel Corporation publication). Electronic Service System (ACCESS). (SeAH) did not report actual entered Cash Deposit Requirements ACCESS is available to registered users value for all of its U.S. sales; in such instances, we calculated importer- The following deposit requirements at http://access.trade.gov. In addition, a will be effective for all shipments of the complete version of the Preliminary specific per-unit duty assessment rates by aggregating the total amount of subject merchandise entered, or withdrawn from warehouse, for 2 See Memoranda, ‘‘Tolling of Deadlines for antidumping duties calculated for the Antidumping and Countervailing Duty examined sales and dividing this consumption on or after the publication Administrative Reviews in Response to Operational date of the final results of this Adjustments Due to COVID–19,’’ dated April 24, 6 Under section 735(c)(5)(A) of the Act, the all- administrative review, as provided by 2020; and ‘‘Tolling of Deadlines for Antidumping others rate is normally ‘‘an amount equal to the section 751(a)(2)(C) of the Act: (1) The and Countervailing Duty Administrative Reviews,’’ weighted average of the estimated weighted-average cash deposit rate for the companies dated July 21, 2020. dumping margins established for exporters and 3 listed above will be that established in See Memorandum, ‘‘Welded Line Pipe from the producers individually examined, excluding any Republic of Korea: Extension of Deadline for margins that are zero or de minimis margins, and the final results of this review, except if Preliminary Results of 2017–2018 Antidumping any margins determined entirely {on the basis of the rate is less than 0.50 percent and, Duty Administrative Review,’’ dated December 1, facts available}.’’ For these preliminary results, we therefore, de minimis within the 2020. have calculated weighted-average dumping margins meaning of 19 CFR 351.106(c)(1), in 4 See Memorandum, ‘‘Decision Memorandum for for NEXTEEL and SeAH that are zero or de minimis, the Preliminary Results of the 2018–2019 and we have not calculated any margins which are Administrative Review of the Antidumping Duty not zero, de minimis, or determined entirely on the 7 See section 751(a)(2)(C) of the Act. Order on Welded Line Pipe from Korea,’’ dated basis of facts available. Accordingly, we have 8 See Notice of Discontinuation of Policy to Issue concurrently with, and hereby adopted by, this assigned to the companies not individually Liquidation Instructions After 15 Days in notice (Preliminary Decision Memorandum). examined a margin of zero percent. The exporters/ Applicable Antidumping and Countervailing Duty 5 For a complete description of the scope of the producers subject to this review, but not selected Administrative Proceedings, 86 FR 884 (January 15, order, see Preliminary Decision Memorandum. for individual review, are listed in Appendix II. 2021).

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which case the cash deposit rate will be will be notified of the time and date for 21. R&R Trading Co. Ltd. zero; (2) for previously investigated or the hearing.15 22. Sam Kang M&T Co., Ltd. reviewed companies not covered in this 23. Sin Sung Metal Co., Ltd. Final Results review, the cash deposit rate will 24. SK Networks 25. Soon-Hong Trading Company continue to be the company-specific Commerce intends to issue the final results of this administrative review, 26. Steel Flower Co., Ltd. cash deposit rate published for the most 27. TGS Pipe recently completed segment of this including the results of its analysis 28. Tokyo Engineering Korea Ltd. proceeding in which the company raised in any written briefs, not later [FR Doc. 2021–08119 Filed 4–19–21; 8:45 am] participated; (3) if the exporter is not a than 120 days after the publication of BILLING CODE 3510–DS–P firm covered in this review, or the these preliminary results in the Federal original less-than-fair-value (LTFV) Register, unless otherwise extended.16 investigation, but the manufacturer is, Notification to Importers DEPARTMENT OF COMMERCE then the cash deposit rate will be the This notice also serves as a rate established for the most recent International Trade Administration segment for the manufacturer of the preliminary reminder to importers of merchandise; and (4) the cash deposit their responsibility under 19 CFR United States Travel and Tourism rate for all other manufacturers or 351.402(f) to file a certificate regarding Advisory Board: Meeting of the United exporters will continue to be 4.38 the reimbursement of antidumping States Travel and Tourism Advisory percent, the all-others rate established duties prior to liquidation of the Board in the LTFV investigation.9 These relevant entries during this review AGENCY: deposit requirements, when imposed, period. Failure to comply with this International Trade shall remain in effect until further requirement could result in Commerce’s Administration, U.S. Department of notice. presumption that reimbursement of Commerce. antidumping duties occurred and the ACTION: Notice of an open meeting. Disclosure and Public Comment subsequent assessment of double Commerce intends to disclose the antidumping duties. SUMMARY: The United States Travel and calculations performed in connection We are issuing and publishing these Tourism Advisory Board (Board or with these preliminary results to results in accordance with sections TTAB) will hold a meeting on Friday, interested parties within five days after 751(a)(1) and 777(i)(1) of the Act. April 23, 2021. The Board advises the the date of publication of this notice.10 Dated: April 14, 2021. Secretary of Commerce (Secretary) on Interested parties may submit case briefs Christian Marsh, matters relating to the U.S. travel and tourism industry. The purpose of the no later than 30 days after the date of Acting Assistant Secretary for Enforcement publication of this notice. Rebuttal and Compliance. meeting is for Board members to discuss briefs, limited to issues raised in the and vote on recommendations for the case briefs, may be filed no later than Appendix I Secretary on how to distribute the seven days after the time limit for filing List of Topics Discussed in the Preliminary economic adjustment assistance funding case briefs.11 Parties who submit case Decision Memorandum appropriated in section 6001 of the briefs or rebuttal briefs in this I. Summary American Rescue Plan Act of 2021 for proceeding are encouraged to submit II. Background ‘‘assistance to States and communities with each argument: (1) A statement of III. Scope of the Order that have suffered economic injury as a the issue; (2) a brief summary of the IV. Discussion of the Methodology result of job and gross domestic product argument; and (3) a table of V. Recommendation losses in the travel, tourism, or outdoor authorities.12 Case and rebuttal briefs Appendix II recreation sectors.’’ The final agenda should be filed using ACCESS.13 will be posted on the Department of Pursuant to 19 CFR 351.310(c), Review-Specific Average Rate Applicable to Commerce website for the Board at Companies Not Selected for Individual https://www.trade.gov/ttab-meetings at interested parties who wish to request a Review hearing must submit a written request to least two days prior to the meeting. the Assistant Secretary for Enforcement 1. AJU Besteel Co., Ltd. DATES: Friday, April 23, 2021, 2:00 2. Daewoo International Corporation and Compliance, filed electronically via 3. Dong Yang Steel Pipe p.m.–3:00 p.m. EDT. The deadline for ACCESS within 30 days after the date of 4. Dongbu Incheon Steel Co. members of the public to register, publication of this notice.14 Hearing 5. Dongbu Steel Co., Ltd. including requests to make comments requests should contain: (1) The party’s 6. Dongkuk Steel Mill during the meeting and for auxiliary name, address, and telephone number; 7. EEW Korea Co., Ltd. aids, or to submit written comments for (2) the number of participants; and (3) 8. HISTEEL Co., Ltd. dissemination prior to the meeting, is a list of issues to be discussed. Oral 9. Husteel Co., Ltd. 5:00 p.m. EDT on Wednesday, April 21, presentations at the hearing will be 10. Hyundai RB Co. Ltd. 2021. limited to issues raised in the briefs. If 11. Hyundai Steel Company/Hyundai HYSCO ADDRESSES: The meeting will be held a request for a hearing is made, parties 12. Keonwoo Metals Co., Ltd. virtually. The access information will be 13. Kolon Global Corp. provided by email to registrants. 9 See Welded Line Pipe from the Republic of 14. Korea Cast Iron Pipe Ind. Co., Ltd. Requests to register (including to Korea and the Republic of Turkey: Antidumping 15. Kurvers Piping Italy S.R.L. Duty Orders, 80 FR 75056, 75057 (December 1, speak or for auxiliary aids) and any 2015). 16. Miju Steel MFG Co., Ltd. written comments should be submitted 10 See 19 CFR 351.224(b). 17. MSTEEL Co., Ltd. by email to [email protected]. 11 18. Poongsan Valinox (Valtimet Division) See Temporary Rule Modifying AD/CVD FOR FURTHER INFORMATION CONTACT: Service Requirements Due to COVID–19; Extension 19. POSCO of Effective Period, 85 FR 41363 (July 10, 2020). 20. POSCO Daewoo Jennifer Aguinaga, the United States 12 See 19 CFR 351.309(c)(2) and (d)(2). Travel and Tourism Advisory Board, 13 See 19 CFR 351.303. 15 See 19 CFR 351.310(d). National Travel and Tourism Office, 14 See 19 CFR 351.310(c). 16 See section 751(a)(3)(A) of the Act. U.S. Department of Commerce;

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telephone: 202–482–2404; email: during the meeting, comments must be provides additional information on the [email protected]. received no later than 5:00 p.m. EDT on EIS and can be used to submit scoping SUPPLEMENTARY INFORMATION: Wednesday, April 21, 2021, to ensure comments. Scoping comments may also Background: The Board advises the transmission to the Board prior to the be submitted via email to Secretary of Commerce on matters meeting. Comments received after that [email protected], or relating to the U.S. travel and tourism date and time will be transmitted to the via postal mail to 36th Civil Engineer industry. Board but may not be considered during Squadron, ATTN: CEV (AAFB Exceptional Circumstances: Pursuant the meeting. Copies of Board meeting Infrastructure EIS), Unit 14007, APO, to 41 CFR 102–3.150(b), the notice for minutes will be available within 90 days AP 96543–4007. Please submit inquiries this meeting is given less than 15 of the meeting. or requests for printed or digital copies of the scoping materials via the email or calendar days prior to the meeting Jennifer Aguinaga, because of the exceptional postal address above. For printed Designated Federal Officer, United States material requests, the standard U.S. circumstances of the American Rescue Travel and Tourism Advisory Board. Plan Act of 2021, which contains $3 Postal Service shipping timeline will [FR Doc. 2021–08051 Filed 4–19–21; 8:45 am] billion in funding for the Department of apply. Please consider the environment BILLING CODE 3510–DR–P Commerce for economic adjustment before requesting printed material. assistance and requires that 25 percent SUPPLEMENTARY INFORMATION: The DAF of those funds be for ‘‘assistance to intends to prepare an EIS which will DEPARTMENT OF DEFENSE States and communities that have evaluate the potential impacts suffered economic injury as a result of Department of the Air Force associated with the proposed job and gross domestic product losses in construction of infrastructure upgrades the travel, tourism, or outdoor Notice of Intent To Prepare an at Andersen AFB, Guam, and to then recreation sectors.’’ To allocate the Environmental Impact Statement for use this infrastructure consistent with funds expeditiously and in a manner Department of the Air Force existing installation operations once that would best achieve the goals of the Infrastructure Upgrades at Andersen construction is completed. The purpose Act, the Secretary of Commerce needs Air Force Base, Guam of this Proposed Action is to enhance prompt advice from the Board on how Andersen AFB’s capability to support these funds should be distributed. AGENCY: Department of the Air Force, permanent and rotational forces within Public Participation: The meeting will Department of Defense. the Indo-Pacific and strengthen the be open to the public and will be ACTION: Notice of intent. U.S.’s ability to respond regionally and accessible to people with disabilities. worldwide, in alignment with evolving Any member of the public requesting to SUMMARY: The Department of the Air DAF and Department of Defense join the meeting is asked to register in Force (DAF) and the U.S. Navy, acting initiatives for the region. To enhance advance by the deadline identified as a Cooperating Agency, are issuing Andersen AFB’s capability to support under the DATES caption. Requests for this Notice of Intent to prepare an permanent and rotational forces, the Air auxiliary aids must be submitted by the Environmental Impact Statement (EIS) Force needs to upgrade mission-related registration deadline. Last minute to assess the potential social, economic, infrastructure. These upgrades include requests will be accepted but may not be and environmental impacts associated providing additional capability for possible to fill. There will be fifteen (15) with proposed Infrastructure Upgrades parking, storing, maintaining, refueling, minutes allotted for oral comments from at Andersen Air Force Base (AFB), loading, and unloading aircraft at the members of the public joining the Guam. The EIS will analyze the airfield as well as for storing munitions. meeting. To accommodate as many potential impacts of constructing The DAF is the National Environmental speakers as possible, the time for public proposed infrastructure upgrades at Policy Act (NEPA) lead agency, and the comments may be limited to three (3) Andersen AFB and using this U.S. Navy is a cooperating agency for minutes per person. Members of the infrastructure consistent with existing this EIS process. public wishing to reserve speaking time installation operations once Under this proposal, the DAF is during the meeting must submit a construction is completed. considering new infrastructure upgrades request at the time of registration, as DATES: A public scoping period of 30 adjacent to the northwest corner of the well as the name and address of the days will take place starting from the airfield and within the munitions proposed speaker. If the number of date of this NOI publication in the storage area at Andersen AFB. registrants requesting to make Federal Register. Comments will be Construction would take place over statements is greater than can be accepted at any time during the approximately 7 years and would reasonably accommodated during the environmental impact analysis process; include airfield pavements, an aircraft meeting, the International Trade however, to ensure the DAF has hangar, maintenance and utilities Administration may conduct a lottery to sufficient time to consider public buildings, fuel systems, fencing and determine the speakers. Speakers are scoping comments during preparation of utilities, roadways and parking, storm requested to submit a written copy of the Draft EIS, please submit comments water management infrastructure, and their prepared remarks by 5:00 p.m. within the 30-day scoping period. The earth covered magazines. EDT on Wednesday, April 21, 2021, for Draft EIS is anticipated in late 2021 or Approximately 204 total acres would be inclusion in the meeting records and for early 2022. The Final EIS and a decision disturbed during construction, which circulation to the members of the Board. on the Proposed Action are expected in would be either developed sites or In addition, any member of the public mid to late 2022. maintained vegetation once may submit pertinent written comments ADDRESSES: For EIS inquires or requests construction is complete. The concerning the Board’s affairs at any for printed or digital copies of scoping infrastructure would accommodate time before or after the meeting. materials please contact Mr. Michael aircraft types and flight operations that Comments may be submitted to Jennifer Noah, phone: (830) 358–6798. The have been addressed under previously Aguinaga at the contact information project website prepared National Environmental Policy indicated above. To be considered (www.AAFBInfrastructureEIS.com) Act documentation for Andersen AFB,

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such as bombers, tankers, and fighters. Library (254 Martyr Street, Haga˚tn˜ a, NE, Washington, DC 20426. Hand The DAF considered other locations on Guam). delivered submissions in docketed proceedings should be delivered to Andersen AFB for construction of Adriane Paris, infrastructure upgrades; however, only Health and Human Services, 12225 Acting Air Force Federal Register Liaison Wilkins Avenue, Rockville, Maryland the Proposed Action locations were Officer. 20852. determined to meet the criteria for the [FR Doc. 2021–08054 Filed 4–19–21; 8:45 am] infrastructure upgrades. The No Action In addition to publishing the full text BILLING CODE 5001–10–P Alternative will be addressed in the EIS of this document in the Federal as well. Register, the Commission provides all interested persons an opportunity to Additional review and consultation DEPARTMENT OF ENERGY view and/or print the contents of this which will be incorporated into the document via the internet through the preparation of the Draft EIS will Federal Energy Regulatory Commission’s Home Page (http:// include, but are not necessarily limited Commission ferc.gov) using the ‘‘eLibrary’’ link. to, consultation under Section 7 of the [Docket No. RP21–722–000] Enter the docket number excluding the Endangered Species Act and last three digits in the docket number consultation under Section 106 of the Hartree Partners, LP v. Northern field to access the document. At this National Historic Preservation Act. The Natural Gas Company; Notice of time, the Commission has suspended DAF will conduct cultural and natural Complaint access to the Commission’s Public Reference Room, due to the resources surveys in the areas proposed Take notice that on April 7, 2021, proclamation declaring a National for upgrades and consult with pursuant to section 206 of the Federal Emergency concerning the Novel appropriate resource agencies to Power Act, 16 U.S.C. 824e and Rule 206 Coronavirus Disease (COVID–19), issued determine the potential for significant of the Federal Energy Regulatory by the President on March 13, 2020. For impacts on those resources. During Commission’s (Commission) Rules of assistance, contact the Federal Energy construction, the DAF anticipates an Practice and Procedure, 18 CFR 385.206 Regulatory Commission at increased demand on the construction (2020), Hartree Partners, LP [email protected], or call workforce and an increase in local (Complainant) filed a formal complaint toll-free, (886) 208–3676 or TYY, (202) spending. Currently, no other short- or against Northern Natural Gas Company 502–8659. long-term notable impacts are (Respondent), alleging that the Comment Date: 5:00 p.m. Eastern Respondent unlawfully seeks to recover anticipated. Additional analysis will be Time on April 27, 2021. provided in the Draft EIS. an amount totaling $7,401,806.38 from Dated: April 14, 2021. Scoping and Agency Coordination: To the complainant for quantities that Nathaniel J. Davis, Sr., effectively define the full range of issues Northern allocated or curtailed during the extreme winter weather event in Deputy Secretary. to be evaluated in the EIS, the Air Force Texas and other parts of the south will determine the scope of the analysis [FR Doc. 2021–08074 Filed 4–19–21; 8:45 am] central United States in February 2021, by soliciting comments from interested BILLING CODE 6717–01–P all as more fully explained in its local, territorial, and federal elected complaint. officials and agencies, as well as The Complainant certify that copies of DEPARTMENT OF ENERGY interested members of the public and the complaint were served on the others. Comments are requested on contacts listed for Respondent in the Federal Energy Regulatory potential alternatives and impacts, and Commission’s list of Corporate Officials. Commission identification of any relevant Any person desiring to intervene or to information, studies, or analyses of any protest this filing must file in Combined Notice of Filings #1 kind concerning impacts affecting the accordance with Rules 211 and 214 of Take notice that the Commission quality of the human environment. the Commission’s Rules of Practice and received the following electric corporate Concurrent with the publication of this Procedure (18 CFR 385.211, 385.214). filings: notice of intent, public scoping notices Protests will be considered by the Docket Numbers: EC21–76–000. will be announced locally. In response Commission in determining the Applicants: Caledonia Generating, to the coronavirus (COVID–19) appropriate action to be taken, but will LLC. pandemic in the United States and the not serve to make protestants parties to Description: Application for Center for Disease Control’s the proceeding. Any person wishing to Authorization Under Section 203 of the recommendations for social distancing become a party must file a notice of Federal Power Act of Caledonia and avoiding large public gatherings, intervention or motion to intervene, as Generating, LLC. the DAF will not hold in-person public appropriate. The Respondent’s answer Filed Date: 4/12/21. scoping meetings. Public scoping will and all interventions, or protests must Accession Number: 20210412–5888. be filed on or before the comment date. instead be accomplished remotely, in Comments Due: 5 p.m. ET 5/3/21. The Respondent’s answer, motions to accordance with the 2020 version of 40 Docket Numbers: EC21–77–000. intervene, and protests must be served Applicants: FirstEnergy Corp. CFR1506.6, via the project website at on the Complainants. Description: Application for www.AAFBInfrastructureEIS.com. The The Commission strongly encourages Authorization Under Section 203 of the website provides posters, a presentation, electronic filings of comments, protests Federal Power Act of FirstEnergy Corp., an informational brochure, in English and interventions in lieu of paper using on behalf of the FirstEnergy Utility and Chamorro, other meeting materials, the ‘‘eFiling’’ link at http:// Affiliates. and the capability for the public to www.ferc.gov. Persons unable to file Filed Date: 4/13/21. provide public scoping comments. electronically may mail similar Accession Number: 20210413–5131. Scoping materials are also available in pleadings to the Federal Energy Comments Due: 5 p.m. ET 5/4/21. print at the Nieves M. Flores Memorial Regulatory Commission, 888 First Street Docket Numbers: EC21–78–000.

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Applicants: BPC US Wind for the Southeast Region of Alabama Filed Date: 4/9/21. Corporation, High Prairie Wind Farm II, Power Company, et al. Accession Number: 20210409–5383. LLC, Old Trail Wind Farm, LLC, Filed Date: 4/13/21. Comments Due: 5 p.m. ET 4/23/21. Telocaset Wind Power Partners, LLC, Accession Number: 20210413–5335. Docket Numbers: ER21–1675–000. ASHUSA Inc. Comments Due: 5 p.m. ET 5/4/21. Applicants: Midcontinent Description: Application for Docket Numbers: ER20–686–002. Independent System Operator, Inc. Authorization Under Section 203 of the Applicants: Tri-State Generation and Description: § 205(d) Rate Filing: Federal Power Act of BPC US Wind Transmission Association, Inc. 2021–04–14_SA 3445 MEC-Plymouth Corporation, et al. Description: Compliance filing: Tri- Wind Energy 1st Rev GIA (J748) to be Filed Date: 4/13/21. State Order No. 864 Compliance Filing effective 3/26/2021. Accession Number: 20210413–5157. to be effective 2/25/2020. Filed Date: 4/14/21. Comments Due: 5 p.m. ET 5/4/21. Filed Date: 4/14/21. Accession Number: 20210414–5029. Take notice that the Commission Accession Number: 20210414–5028. Comments Due: 5 p.m. ET 5/5/21. received the following exempt Comments Due: 5 p.m. ET 5/5/21. Docket Numbers: ER21–1676–000. wholesale generator filings: Docket Numbers: ER20–2040–001. Applicants: Southwest Power Pool, Docket Numbers: EG21–123–000. Applicants: Southwest Power Pool, Inc. Applicants: Clines Corners Wind Inc. Description: § 205(d) Rate Filing: Farm LLC. Description: Compliance filing: Revisions to Add the Waiver of Base Description: Notice of Self- Deficiency Response in ER20–2040— Plan Allocation Methodology to be Certification of Exempt Wholesale Prairie Wind Order No. 864 Compliance effective 6/14/2021. Generator Status of Clines Corners Wind Filing to be effective N/A. Filed Date: 4/14/21. Farm LLC. Filed Date: 4/14/21. Accession Number: 20210414–5040. Filed Date: 4/14/21. Accession Number: 20210414–5044. Comments Due: 5 p.m. ET 5/5/21. Accession Number: 20210414–5122. Comments Due: 5 p.m. ET 5/5/21. Docket Numbers: ER21–1677–000. Comments Due: 5 p.m. ET 5/5/21. Docket Numbers: ER20–2041–001. Applicants: PJM Interconnection, Docket Numbers: EG21–124–000. Applicants: Southwest Power Pool, L.L.C. Applicants: Duran Mesa LLC. Inc. Description: § 205(d) Rate Filing: Description: Notice of Self- Description: Compliance filing: Original WMPA, Service Agreement No. Certification of Exempt Wholesale Deficiency Response in ER20–2041— 6002; Queue No. AD2–073 to be Generator Status of Duran Mesa LLC. KCPL Order No. 864 Compliance Filing effective 3/15/2021. Filed Date: 4/14/21. to be effective N/A. Filed Date: 4/14/21. Accession Number: 20210414–5126. Filed Date: 4/14/21. Accession Number: 20210414–5050. Comments Due: 5 p.m. ET 5/5/21. Accession Number: 20210414–5039. Comments Due: 5 p.m. ET 5/5/21. Docket Numbers: EG21–125–000. Comments Due: 5 p.m. ET 5/5/21. Docket Numbers: ER21–1678–000. Applicants: Griffith Energy LLC. Applicants: Red Cloud Wind LLC. Docket Numbers: ER20–2042–001. Description: § 205(d) Rate Filing: Description: Notice of Self- Applicants: Southwest Power Pool, Certificate of Concurrence for SRSG Certification of Exempt Wholesale Inc. Participation Agreement to be effective Generator Status of Red Cloud Wind Description: Compliance filing: 4/15/2021. LLC. Deficiency Response in ER20–2042— Filed Date: 4/14/21. Filed Date: 4/14/21. KCPL–GMO Order No. 864 Compliance Accession Number: 20210414–5071. Accession Number: 20210414–5128. Filing to be effective N/A. Comments Due: 5 p.m. ET 5/5/21. Comments Due: 5 p.m. ET 5/5/21. Filed Date: 4/14/21. Docket Numbers: ER21–1679–000. Docket Numbers: EG21–126–000. Accession Number: 20210414–5042. Comments Due: 5 p.m. ET 5/5/21. Applicants: Midcontinent Applicants: Tecolote Wind LLC. Independent System Operator, Inc., Description: Notice of Self- Docket Numbers: ER20–2044–001. Ameren Transmission Company of Certification of Exempt Wholesale Applicants: Southwest Power Pool, Illinois. Generator Status of Tecolote Wind LLC. Inc. Description: § 205(d) Rate Filing: Filed Date: 4/14/21. Description: Compliance filing: 2021–04–14_SA 3649 ATXI-Northeast Accession Number: 20210414–5133. Deficiency Response in ER20–2044— Missouri Wind E&P (J1025) to be Comments Due: 5 p.m. ET 5/5/21. Westar Energy Order No. 864 effective 4/12/2021. Take notice that the Commission Compliance Filing to be effective N/A. Filed Date: 4/14/21. received the following electric rate Filed Date: 4/14/21. Accession Number: 20210414–5084. filings: Accession Number: 20210414–5043. Comments Due: 5 p.m. ET 5/5/21. Docket Numbers: ER10–2881–035; Comments Due: 5 p.m. ET 5/5/21. Docket Numbers: ER21–1680–000. ER10–2882–036; ER10–2883–034; Docket Numbers: ER21–461–002. Applicants: Virginia Electric and ER10–2884–034; ER16–2509–005; Applicants: El Paso Electric Company. Power Company, PJM Interconnection, ER17–2400–006; ER17–2401–006; Description: Tariff Amendment: L.L.C. ER17–2403–006; ER17–2404–006. Service Agreement No. 346, EPE- La Description: § 205(d) Rate Filing: Applicants: Alabama Power Mesa PV I LLC SGIA As Amended to be Dominion submits Revisions to OATT, Company, Mississippi Power Company, effective 4/9/2021. Att. H–16C re: OPEB to be effective 6/ Georgia Power Company, Rutherford Filed Date: 4/14/21. 15/2021. Farm, LLC, SP Butler Solar, LLC, SP Accession Number: 20210414–5163. Filed Date: 4/14/21. Decatur Parkway Solar, LLC, SP Comments Due: 5 p.m. ET 5/5/21. Accession Number: 20210414–5136. Pawpaw Solar, LLC, SP Sandhills Solar, Docket Numbers: ER21–1674–000. Comments Due: 5 p.m. ET 5/5/21. LLC. Applicants: TBE Montgomery, LLC. Docket Numbers: ER21–1681–000. Description: Supplement to June 30, Description: Petition for Limited Applicants: Duke Energy Carolinas, 2020 Updated Market Power Analysis Waiver, et. al. of TBE Montgomery, LLC. LLC.

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Description: § 205(d) Rate Filing: Ordering Paragraph (F)(1) of the a pipeline requests an extension of time, DEC—NCEMC Metering Service February 2 Order, as amended, provides orders on certificates of public Agreement SA—569 to be effective 6/1/ a deadline of May 1, 2021, for Sabal convenience and necessity are final and 2021. Trail to install these remaining two the Commission will not re-litigate their Filed Date: 4/14/21. compressor units and make them issuance.8 The OEP Director, or his or Accession Number: 20210414–5167. available for service.2 her designee, will act on all of those Comments Due: 5 p.m. ET 5/5/21. Sabal Trail states that, due to extension requests that are uncontested. unforeseen delays in reaching full Docket Numbers: ER21–1682–000. In addition to publishing the full text Applicants: Elora Solar, LLC. commercialization of the project, of this document in the Federal Description: Baseline eTariff Filing: additional time is now required in order Register, the Commission provides all Elora Solar, LLC Application for MBR to complete the construction of the interested persons an opportunity to Authority to be effective 6/14/2021. authorized project facilities. Filed Date: 4/14/21. This notice establishes a 15-calendar view and/or print the contents of this Accession Number: 20210414–5178. day intervention and comment period document via the internet through the Comments Due: 5 p.m. ET 5/5/21. deadline. Any person wishing to Commission’s Home Page (http:// comment on the applicant’s request for www.ferc.gov) using the ‘‘eLibrary’’ link. The filings are accessible in the an extension of time may do so. No Commission’s eLibrary system (https:// Enter the docket number excluding the reply comments or answers will be last three digits in the docket number elibrary.ferc.gov/idmws/search/ considered. If you wish to obtain legal fercgensearch.asp) by querying the field to access the document. At this status by becoming a party to the time, the Commission has suspended docket number. proceedings for this request, you Any person desiring to intervene or access to Commission’s Public should, on or before the comment date Reference Room, due to the protest in any of the above proceedings stated below, file a motion to intervene proclamation declaring a National must file in accordance with Rules 211 in accordance with the requirements of Emergency concerning the Novel and 214 of the Commission’s the Commission’s Rules of Practice and Regulations (18 CFR 385.211 and Procedure (18 CFR 385.214 or 385.211) Coronavirus Disease (COVID–19), issued 385.214) on or before 5:00 p.m. Eastern and the Regulations under the Natural by the President on March 13, 2020. For time on the specified comment date. Gas Act (18 CFR 157.10).3 assistance, contact FERC at Protests may be considered, but As a matter of practice, the [email protected] or call intervention is necessary to become a Commission itself generally acts on toll-free, (886) 208–3676 or TYY, (202) party to the proceeding. requests for extensions of time to 502–8659. eFiling is encouraged. More detailed complete construction for Natural Gas The Commission strongly encourages information relating to filing Act facilities when such requests are electronic filings of comments in lieu of requirements, interventions, protests, contested before order issuance. For paper using the ‘‘eFile’’ link at http:// service, and qualifying facilities filings those extension requests that are www.ferc.gov. In lieu of electronic filing, can be found at: http://www.ferc.gov/ contested,4 the Commission will aim to docs-filing/efiling/filing-req.pdf. For you may submit a paper copy. issue an order acting on the request Submissions sent via the U.S. Postal other information, call (866) 208–3676 within 45 days.5 The Commission will Service must be addressed to: Kimberly (toll free). For TTY, call (202) 502–8659. address all arguments relating to D. Bose, Secretary, Federal Energy whether the applicant has demonstrated Dated: April 14, 2021. Regulatory Commission, 888 First Street Nathaniel J. Davis, Sr., there is good cause to grant the 6 NE, Room 1A, Washington, DC 20426. Deputy Secretary. extension. The Commission will not consider arguments that re-litigate the Submissions sent via any other carrier [FR Doc. 2021–08076 Filed 4–19–21; 8:45 am] issuance of the certificate order, must be addressed to: Kimberly D. Bose, BILLING CODE 6717–01–P including whether the Commission Secretary, Federal Energy Regulatory properly found the project to be in the Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. DEPARTMENT OF ENERGY public convenience and necessity and whether the Commission’s Comment Date: 5:00 p.m. Eastern Federal Energy Regulatory environmental analysis for the Time on April 29, 2021. certificate complied with the National Commission Dated: April 14, 2021. Environmental Policy Act.7 At the time [Docket No. CP15–17–000] Nathaniel J. Davis, Sr., reh’g, Florida Southeast Connection, LLC, et al., 156 Deputy Secretary. Sabal Trail Transmission, LLC; Notice FERC ¶ 61,160 (2016), order on remand, Florida [FR Doc. 2021–08073 Filed 4–19–21; 8:45 am] of Request for Extension of Time Southeast Connection, LLC, et al., 162 FERC ¶ 61,233 (2018). BILLING CODE 6717–01–P Take notice that on April 7, 2021, 2 Sabal Trail Transmission, LLC, Letter Order Sabal Trail Transmission, LLC (Sabal Granting Extension of Time, Docket No. CP15–17– Trail) requested that the Federal Energy 000 (Jan 31, 2018). Regulatory Commission (Commission) 3 Only motions to intervene from entities that were party to the underlying proceeding will be grant an extension of time, until May 1, accepted. Algonquin Gas Transmission, LLC, 170 2023, to install two compressor units FERC ¶ 61,144, at P 39 (2020). needed to complete Phase III of its Sabal 4 Contested proceedings are those where an Trail Project, as authorized in the intervenor disputes any material issue of the filing. February 2, 2016 Order Issuing 18 CFR 385.2201(c)(1) (2019). 5 Algonquin Gas Transmission, LLC, 170 FERC Certificates and Approving ¶ 61,144, at P 40 (2020). inconsistent with the public interest and whether 1 Abandonment (February 2 Order). 6 Id. at P 40. the Commission’s environmental analysis for the 7 Similarly, the Commission will not re-litigate permit order complied with NEPA. 1 Florida Southeast Connection, LLC, et al., 154 the issuance of an NGA section 3 authorization, 8 Algonquin Gas Transmission, LLC, 170 FERC FERC ¶ 61,080 (2016) (February 2 Order), order on including whether a proposed project is not ¶ 61,144, at P 40 (2020).

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DEPARTMENT OF ENERGY contested,4 the Commission will aim to must be addressed to: Kimberly D. Bose, issue an order acting on the request Secretary, Federal Energy Regulatory Federal Energy Regulatory within 45 days.5 The Commission will Commission, 12225 Wilkins Avenue, Commission address all arguments relating to Rockville, Maryland 20852. whether the applicant has demonstrated Comment Date: 5:00 p.m. Eastern [Docket No. CP15–16–000] there is good cause to grant the Time on April 29, 2021. extension.6 The Commission will not Transcontinental Gas Pipe Line Dated: April 14, 2021. consider arguments that re-litigate the Company, LLC; Notice of Request for Nathaniel J. Davis, Sr., issuance of the certificate order, Extension of Time Deputy Secretary. including whether the Commission [FR Doc. 2021–08071 Filed 4–19–21; 8:45 am] Take notice that on April 12, 2021, properly found the project to be in the Transcontinental Gas Pipe Line public convenience and necessity and BILLING CODE 6717–01–P Company, LLC, (Transco) requested that whether the Commission’s environmental analysis for the the Federal Energy Regulatory DEPARTMENT OF ENERGY Commission (Commission) grant an certificate complied with the National 7 extension of time, until May 1, 2023, to Environmental Policy Act. At the time Federal Energy Regulatory complete, in part, approximately a pipeline requests an extension of time, Commission thirteen miles of pipeline looping orders on certificates of public needed to complete Phase III of its convenience and necessity are final and Combined Notice of Filings Hillabee Expansion Project, as the Commission will not re-litigate their 8 Take notice that the Commission has authorized in the February 2, 2016 issuance. The OEP Director, or his or received the following Natural Gas Order Issuing Certificates and her designee, will act on all of those Pipeline Rate and Refund Report filings: Approving Abandonment (February 2 extension requests that are uncontested. Order).1 Ordering Paragraph (F)(1) of the In addition to publishing the full text Docket Numbers: RP21–543–001. February 2 Order, as amended, provides of this document in the Federal Applicants: Northwest Pipeline LLC. a deadline of May 1, 2021, for Transco Register, the Commission provides all Description: Compliance filing to construct the remaining facilities and interested persons an opportunity to Compliance Filing for Rate Schedule place them into service.2 view and/or print the contents of this TPAL to be effective 4/1/2021. document via the internet through the Filed Date: 4/12/21. Transco states that, due to unforeseen Commission’s Home Page (http:// Accession Number: 20210412–5557. delays caused by current economic www.ferc.gov) using the ‘‘eLibrary’’ link. Comments Due: 5 p.m. ET 4/26/21. conditions, additional time is now Enter the docket number excluding the required in order to complete the Docket Numbers: RP21–734–000. last three digits in the docket number Applicants: Sea Robin Pipeline construction of the authorized project field to access the document. At this Company, LLC. facilities. time, the Commission has suspended Description: § 4(d) Rate Filing: This notice establishes a 15-calendar access to Commission’s Public Revised Fuel Percentage to be effective day intervention and comment period Reference Room, due to the 6/1/2021. deadline. Any person wishing to proclamation declaring a National Filed Date: 4/12/21. comment on the applicant’s request for Emergency concerning the Novel Accession Number: 20210412–5781. an extension of time may do so. No Coronavirus Disease (COVID–19), issued Comments Due: 5 p.m. ET 4/26/21. reply comments or answers will be by the President on March 13, 2020. For The filings are accessible in the considered. If you wish to obtain legal assistance, contact FERC at Commission’s eLibrary system (https:// status by becoming a party to the [email protected] or call elibrary.ferc.gov/idmws/search/ proceedings for this request, you toll-free, (886) 208–3676 or TYY, (202) fercgensearch.asp) by querying the should, on or before the comment date 502–8659. docket number. stated below, file a motion to intervene The Commission strongly encourages Any person desiring to intervene or in accordance with the requirements of electronic filings of comments in lieu of protest in any of the above proceedings the Commission’s Rules of Practice and paper using the ‘‘eFile’’ link at http:// must file in accordance with Rules 211 Procedure (18 CFR 385.214 or 385.211) www.ferc.gov. In lieu of electronic filing, and 214 of the Commission’s and the Regulations under the Natural you may submit a paper copy. 3 Regulations (18 CFR 385.211 and Gas Act (18 CFR 157.10). Submissions sent via the U.S. Postal 385.214) on or before 5:00 p.m. Eastern As a matter of practice, the Service must be addressed to: Kimberly time on the specified comment date. Commission itself generally acts on D. Bose, Secretary, Federal Energy Protests may be considered, but requests for extensions of time to Regulatory Commission, 888 First Street intervention is necessary to become a complete construction for Natural Gas NE, Room 1A, Washington, DC 20426. party to the proceeding. Act facilities when such requests are Submissions sent via any other carrier eFiling is encouraged. More detailed contested before order issuance. For information relating to filing those extension requests that are 4 Contested proceedings are those where an requirements, interventions, protests, intervenor disputes any material issue of the filing. service, and qualifying facilities filings 1 18 CFR 385.2201(c)(1) (2019). Florida Southeast Connection, LLC, et al., 154 can be found at: http://www.ferc.gov/ FERC ¶ 61,080 (2016) (February 2 Order), order on 5 Algonquin Gas Transmission, LLC, 170 FERC reh’g, Florida Southeast Connection, LLC, et al., 156 ¶ 61,144, at P 40 (2020). docs-filing/efiling/filing-req.pdf. For FERC ¶ 61,160 (2016), order on remand, Florida 6 Id. at P 40. other information, call (866) 208–3676 Southeast Connection, LLC, et al., 162 FERC 7 Similarly, the Commission will not re-litigate (toll free). For TTY, call (202) 502–8659. ¶ 61,233 (2018). the issuance of an NGA section 3 authorization, 2 Florida Southeast Connection, LLC, et al., 156 including whether a proposed project is not Dated: April 14, 2021. FERC ¶ 61,160, P 50. inconsistent with the public interest and whether Nathaniel J. Davis, Sr., 3 Only motions to intervene from entities that the Commission’s environmental analysis for the Deputy Secretary. were party to the underlying proceeding will be permit order complied with NEPA. accepted. Algonquin Gas Transmission, LLC, 170 8 Algonquin Gas Transmission, LLC, 170 FERC [FR Doc. 2021–08070 Filed 4–19–21; 8:45 am] FERC ¶ 61,144, at P 39 (2020). ¶ 61,144, at P 40 (2020). BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY Procedure,1 within 90 days of this attaching them as a file with your Notice the Commission staff will either: submission. New eFiling users must Federal Energy Regulatory Complete its environmental review and first create an account by clicking on Commission place it into the Commission’s public ‘‘eRegister.’’ You will be asked to select record (eLibrary) for this proceeding; or the type of filing you are making; first [Docket No. CP21–97–000] issue a Notice of Schedule for select ‘‘General’’ and then select Environmental Review. If a Notice of ‘‘Comment on a Filing’’; or Eastern Gas Transmission and Schedule for Environmental Review is (3) You can file a paper copy of your Storage, Inc.; Notice of Application and issued, it will indicate, among other comments by mailing them to the Establishing Intervention Deadline milestones, the anticipated date for the following address below.2 Your written Commission staff’s issuance of the final comments must reference the Project Take notice that on April 1, 2021, environmental impact statement (FEIS) docket number (CP21–4–000). Eastern Gas Transmission and Storage, or environmental assessment (EA) for Kimberly D. Bose, Secretary, Federal Inc. (EGTS), 6603 West Broad Street this proposal. The filing of an EA in the Energy Regulatory Commission, 888 Richmond, VA 23230, filed an Commission’s public record for this First Street NE, Washington, DC application under section 7(c) of the proceeding or the issuance of a Notice 20426 Natural Gas Act (NGA), and Part 157 of of Schedule for Environmental Review The Commission encourages the Commission’s regulations requesting will serve to notify federal and state authorization to install various air inlet electronic filing of comments (options 1 agencies of the timing for the and 2 above) and has eFiling staff chillers, electric seal gas heaters and gas completion of all necessary reviews, and coolers at the existing Chambersburg, available to assist you at (202) 502–8258 the subsequent need to complete all or [email protected]. Leesburg, and Quantico Compressor federal authorizations within 90 days of Stations in Franklin County, Persons who comment on the the date of issuance of the Commission environmental review of this project Pennsylvania and Loudoun and staff’s FEIS or EA. Fauquier Counties, Virginia, will be placed on the Commission’s respectively. The proposed Public Participation environmental mailing list, and will enhancements would increase the There are two ways to become receive notification when the efficiency of EGTS’s system to allow it involved in the Commission’s review of environmental documents (EA or EIS) to provide 25,000Dth/d of firm this project: you can file comments on are issued for this project and will be transportation capacity to one customer. the project, and you can file a motion notified of meetings associated with the The project is referred to as the Mid- to intervene in the proceeding. There is Commission’s environmental review Atlantic Cooler Project and is more fully no fee or cost for filing comments or process. set forth in the application which is on intervening. The deadline for filing a The Commission considers all file with the Commission and open for motion to intervene is 5:00 p.m. Eastern comments received about the project in public inspection. Time on May 5, 2021. determining the appropriate action to be taken. However, the filing of a comment In addition to publishing the full text Comments alone will not serve to make the filer a of this document in the Federal party to the proceeding. To become a Register, the Commission provides all Any person wishing to comment on party, you must intervene in the interested persons an opportunity to the project may do so. Comments may proceeding. For instructions on how to view and/or print the contents of this include statements of support or intervene, see below. document via the internet through the objections to the project as a whole or Commission’s Home Page (http:// specific aspects of the project. The more Interventions specific your comments, the more useful ferc.gov) using the ‘‘eLibrary’’ link. Any person, which includes Enter the docket number excluding the they will be. To ensure that your comments are timely and properly individuals, organizations, businesses, last three digits in the docket number municipalities, and other entities,3 has field to access the document. At this recorded, please submit your comments on or before May 5, 2021. the option to file a motion to intervene time, the Commission has suspended in this proceeding. Only intervenors access to the Commission’s Public There are three methods you can use to submit your comments to the have the right to request rehearing of Reference Room, due to the Commission orders issued in this proclamation declaring a National Commission. In all instances, please reference the Project docket number proceeding and to subsequently Emergency concerning the Novel challenge the Commission’s orders in Coronavirus Disease (COVID–19), issued (CP21–97–000) in your submission. (1) You may file your comments the U.S. Circuit Courts of Appeal. by the President on March 13, 2020. For To intervene, you must submit a assistance, contact the Federal Energy electronically by using the eComment feature, which is located on the motion to intervene to the Commission Regulatory Commission at in accordance with Rule 214 of the [email protected] or call Commission’s website at www.ferc.gov under the link to Documents and Commission’s Rules of Practice and toll-free, (886) 208–3676 or TYY, (202) Procedure 4 and the regulations under 502–8659. Filings. Using eComment is an easy method for interested persons to submit the NGA 5 by the intervention deadline Any questions regarding the proposed brief, text-only comments on a project; for the project, which is December 8, project should be directed to Matthew (2) You may file your comments 2020. As described further in Rule 214, R. Bley, Director, Gas Transmission electronically by using the eFiling your motion to intervene must state, to Certificates, Eastern Gas Transmission feature, which is located on the and Storage, Inc., 6603 West Broad Commission’s website (www.ferc.gov) 2 Hand delivered submissions in docketed Street, Richmond, VA 23230, or by under the link to Documents and proceedings should be delivered to Health and Human Services, 12225 Wilkins Avenue, Rockville, phone at (866) 319–3382, or by email at Filings. With eFiling, you can provide [email protected]. Maryland 20852. comments in a variety of formats by 3 18 CFR 385.102(d). Pursuant to Section 157.9 of the 4 18 CFR 385.214. Commission’s Rules of Practice and 1 18 CFR (Code of Federal Regulations) § 157.9. 5 18 CFR 157.10.

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the extent known, your position All timely, unopposed 7 motions to ACTION: Notification for a series of regarding the proceeding, as well as the intervene are automatically granted by public meetings. your interest in the proceeding. [For an operation of Rule 214(c)(1).8 Motions to individual, this could include your intervene that are filed after the SUMMARY: Pursuant to the Federal status as a landowner, ratepayer, intervention deadline are untimely, and Advisory Committee Act (FACA), the resident of an impacted community, or may be denied. Any late-filed motion to U.S. Environmental Protection Agency recreationist. You do not need to have intervene must show good cause for (EPA) hereby provides notice that the property directly impacted by the being late and must explain why the White House Environmental Justice project in order to intervene.] For more time limitation should be waived and Advisory Council (WHEJAC) will meet information about motions to intervene, provide justification by reference to on the dates and times described below. refer to the FERC website at https:// factors set forth in Rule 214(d) of the Due to unforeseen administrative www.ferc.gov/resources/guides/how-to/ Commission’s Rules and Regulations.9 circumstances, EPA is announcing the intervene.asp. A person obtaining party status will be April 28, 2021 meeting with less than 15 placed on the service list maintained by calendar days public notice. The May There are two ways to submit your 13, 2021 meeting will meet the FACA motion to intervene. In both instances, the Secretary of the Commission and will receive copies (paper or electronic) guidance. These meetings are open to please reference the Project docket the public. Members of the public are number (CP21–4–000) in your of all documents filed by the applicant and by all other parties. encouraged to provide comments submission. relevant to the specific issues being (1) You may file your motion to Tracking the Proceeding considered by the WHEJAC. For intervene by using the Commission’s Throughout the proceeding, additional information about registering eFiling feature, which is located on the additional information about the project to attend the meetings or to provide Commission’s website (www.ferc.gov) will be available from the Commission’s public comment, please see under the link to Documents and Office of External Affairs, at (866) 208– ‘‘REGISTRATION’’ under Filings. New eFiling users must first FERC, or on the FERC website at SUPPLEMENTARY INFORMATION. Pre- create an account by clicking on www.ferc.gov using the ‘‘eLibrary’’ link registration is required. ‘‘eRegister.’’ You will be asked to select as described above. The eLibrary link DATES: The WHEJAC will hold a series the type of filing you are making; first also provides access to the texts of all of public virtual public meetings on select ‘‘General’’ and then select formal documents issued by the Wednesday, April 28, 2021, and ‘‘Intervention.’’ The eFiling feature Commission, such as orders, notices, Thursday, May 13, 2021, from includes a document-less intervention and rulemakings. approximately 2:00 p.m.–6:00 p.m., option; for more information, visit In addition, the Commission offers a Eastern Daylight Time. A public https://www.ferc.gov/docs-filing/efiling/ free service called eSubscription which comment period relevant to the specific document-less-intervention.pdf.; or allows you to keep track of all formal issues will be considered by the (2) You can file a paper copy of your issuances and submittals in specific WHEJAC at each meeting (see motion to intervene, along with three dockets. This can reduce the amount of SUPPLEMENTARY INFORMATION). Members copies, by mailing the documents to the time you spend researching proceedings of the public who wish to participate address below.6 Your motion to by automatically providing you with during the public comment period must intervene must reference the Project notification of these filings, document pre-register by 11:59 p.m., Eastern docket number (CP21–4–000). summaries, and direct links to the Daylight Time, one (1) week prior to documents. For more information and to each meeting date. Kimberly D. Bose, Secretary, Federal register, go to www.ferc.gov/docs-filing/ FOR FURTHER INFORMATION CONTACT: Energy Regulatory Commission, 888 esubscription.asp. Karen L. Martin, WHEJAC Designated First Street NE, Washington, DC Intervention Deadline: 5:00 p.m. Federal Officer, U.S. EPA; email: 20426 Eastern Time on May 5, 2021. [email protected]; telephone: (202) 564– The Commission encourages Dated: April 14, 2021. 0203. Additional information about the electronic filing of motions to intervene Nathaniel J. Davis, Sr., WHEJAC is available at https:// (option 1 above) and has eFiling staff Deputy Secretary. www.epa.gov/environmentaljustice/ available to assist you at (202) 502–8258 white-house-environmental-justice- [FR Doc. 2021–08075 Filed 4–19–21; 8:45 am] or [email protected]. advisory-council. BILLING CODE 6717–01–P Motions to intervene must be served SUPPLEMENTARY INFORMATION: The on the applicant either by mail or email meeting discussion will focus on several at: 6603 West Broad Street, Richmond, topics including, but not limited to the ENVIRONMENTAL PROTECTION discussion and deliberation of draft VA 23230, or at Matthew.R.Bley@ AGENCY dominionenergy.com. recommendations to the Chair of the Council on Environmental Quality and Any subsequent submissions by an [FRL–10022–69–OP] the White House Interagency Council on intervenor must be served on the White House Environmental Justice Environmental Justice from the applicant and all other parties to the Advisory Council; Notification of Justice40 Work Group, Climate and proceeding. Contact information for Virtual Public Meeting Series Economic Justice Screening Tool Work parties can be downloaded from the Group and Executive Order 12898 Work service list at the eService link on FERC AGENCY: Environmental Protection Group. Online. Service can be via email with a Agency (EPA). The Charter of the WHEJAC states that link to the document. the advisory committee will provide 7 The applicant has 15 days from the submittal of independent advice and 6 Hand delivered submissions in docketed a motion to intervene to file a written objection to proceedings should be delivered to Health and the intervention. recommendations to the Chair of the Human Services, 12225 Wilkins Avenue, Rockville, 8 18 CFR 385.214(c)(1). Council on Environmental Quality Maryland 20852. 9 18 CFR 385.214(b)(3) and (d). (CEQ) and to the White House

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Interagency Council on Environmental submit comments, and email any premiums on insured shipments to Justice (Interagency Council). The additional materials to [email protected]. various foreign buyers. WHEJAC will provide advice and Title and Form Number: EIB 92–29 B. Information About Services for recommendations about broad cross- Export-Import Bank Report of Premiums Individuals With Disabilities or cutting issues, related but not limited to, Payable for Exporters Only. Requiring English Language issues of environmental justice and OMB Number: 3048–0017. Translation Assistance pollution reduction, energy, climate Type of Review: Renewal. change mitigation and resiliency, For information about access or Need and Use: The ‘‘Report of environmental health, and racial services for individuals requiring Premiums Payable for Exporters Only’’ inequity. The WHEJAC’s efforts will assistance, please contact Karen L. form is used by exporters to report and include a broad range of strategic, Martin, via email at [email protected]. To pay premiums on insured shipments to scientific, technological, regulatory, request special accommodations for a various foreign buyers under the terms community engagement, and economic disability or other assistance, please of the policy and to certify that issues related to environmental justice. submit your request at least seven (7) premiums have been correctly computed and remitted. The ‘Report of Registration: Individual registration is working days prior to the meeting, to Premiums Payable for Exporters Only’ is required for each of the virtual public give EPA sufficient time to process your used by EXIM to determine the meetings. Information on how to register request. All requests should be sent to eligibility of the shipment(s) and to is located at https://www.epa.gov/ the email listed in the FOR FURTHER calculate the premium due to EXIM for environmentaljustice/white-house- INFORMATION CONTACT section. its support of the shipment(s) under its environmental-justice-advisory-council. Matthew Tejada, insurance program. Registration for the meetings is available Director for the Office of Environmental Affected Public: This form affects through the scheduled end time of each Justice. entities involved in the export of U.S. meeting day. Registration to speak [FR Doc. 2021–08107 Filed 4–19–21; 8:45 am] goods and services. during the public comment period will BILLING CODE 6560–50–P Monthly Number of Respondents: close 11:59 p.m., Eastern Daylight Time, 2,600. one (1) week prior to meeting date. Estimated Time per Respondent: 15 When registering, please provide your minutes. name, organization, city and state, and EXPORT-IMPORT BANK OF THE UNITED STATES Annual Burden Hours: 7,800 hours. email address for follow up. Please also Frequency of Reporting or Use: indicate whether you would like to [Public Notice: 2021–3002] Monthly. provide public comment during the Government Expenses: meetings, and whether you are Agency Information Collection Reviewing Time per Year: 7,800 submitting written comments at the Activities: Comment Request hours. time of registration. Average Wages per Hour: $42.50. AGENCY: Export-Import Bank of the Average Cost per Year: $331,500. A. Public Comment United States. Benefits and Overhead: 20%. Every effort will be made to hear from ACTION: Submission for OMB review and Total Government Cost: $397,800. comments request. as many registered public commenters Bassam Doughman, during the time specified on the agenda. SUMMARY: The Export-Import Bank of IT Specialist. Individuals or groups making remarks the United States (EXIM), as part of its [FR Doc. 2021–08028 Filed 4–19–21; 8:45 am] during the public comment period will continuing effort to reduce paperwork BILLING CODE 6690–01–P be limited to three (3) minutes. To and respondent burden, invites the accommodate the number of people general public and other Federal who want to address the WHEJAC Agencies to comment on the proposed EXPORT-IMPORT BANK during the time allotted on the agenda, information collection, as required by [Public Notice: 2021–6004] only one representative of a particular the paperwork Reduction Act of 1995. community, organization, or group will Agency Information Collection be allowed to speak. Submission of DATES: Comments must be received on Activities: Proposed Collection; written comments for the record are or before May 20, 2021 to be assured of Comment Request; Generic Clearance strongly encouraged. The suggested consideration. for the Collection of Qualitative format for individuals providing public ADDRESSES: Comments may be Feedback on Agency Service Delivery comments is as follows: Name of submitted electronically on speaker; name of organization/ WWW.REGULATIONS.GOV (EIB 92–29) AGENCY: Export-Import Bank of the community; city and state; and email or by mail to Office of Information and United States. Regulatory Affairs, 725 17th Street NW, address; brief description of the ACTION: Submission for OMB review and concern, and what you want the Washington, DC 20038, Attn: OMB comments request. WHEJAC to advise CEQ to do. Written 3048–0017 The application tool can be comments received by registration reviewed at: https://www.exim.gov/ SUMMARY: The Export-Import Bank of deadline, will be included in the sites/default/files//forms/eib92-29.pdf. the United States (EXIM), as part of its materials distributed to the WHEJAC SUPPLEMENTARY INFORMATION: The continuing effort to reduce paperwork prior to the meeting. Written comments Export-Import Bank of the United and respondent burden, invites the received after that time will be provided States, pursuant to the Export-Import general public and other Federal to the WHEJAC as time allows. All Bank Act of 1945, as amended (12 Agencies to comment on the proposed written commenters should use the U.S.C. 635, et seq.), facilitates the information collection, as required by webform at https://www.epa.gov/ finance of the export of U.S. goods and the paperwork Reduction Act of 1995. environmentaljustice/forms/white- services. The ‘‘Report of Premiums DATES: Comments must be received on house-environmental-justice-advisory- Payable for Exporters Only’’ form will or before June 21, 2021 to be assured of council-whejac-public-comment to be used by exporters to report and pay consideration.

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ADDRESSES: Comments may be products or services. These collections require more rigorous designs that submitted electronically on will allow for ongoing, collaborative and address: The target population to which WWW.REGULATIONS.GOV. (EIB 11– actionable communications between the generalizations will be made, the 01) By email to Madolyn Phillips, Agency and its customers and sampling frame, the sample design [email protected], Export- stakeholders. It will also allow feedback (including stratification and clustering), Import Bank of the United States, 811 to contribute directly to the the precision requirements or power Vermont Ave. NW, Washington, DC improvement of program management. calculations that justify the proposed 20571. The solicitation of feedback will target sample size, the expected response rate, Comments submitted in response to areas such as: Timeliness, methods for assessing potential non- this notice may be made available to the appropriateness, accuracy of response bias, the protocols for data public through the information, courtesy, efficiency of collection, and any testing procedures WWW.REGULATIONS.GOV. For this service delivery, and resolution of that were or will be undertaken prior to reason, please do not include in your issues with service delivery. Responses fielding the study. Depending on the comments information of a confidential will be assessed to plan and inform degree of influence the results are likely nature, such as sensitive personal efforts to improve or maintain the to have, such collections may still be information or proprietary information. quality of service offered to the public. eligible for submission for other generic If you send an email comment, your If this information is not collected, vital mechanisms that are designed to yield email address will be automatically feedback from customers and quantitative results. captured and included as part of the stakeholders on the Agency’s services As a general matter, information comment that is placed in the public will be unavailable. collections will not result in any new docket and made available on the The Agency will only submit a system of records containing privacy internet. Please note that responses to collection for approval under this information and will not ask questions this public comment request containing generic clearance if it meets the of a sensitive nature, such as sexual any routine notice about the following conditions: behavior and attitudes, religious beliefs, confidentiality of the communication • The collections are voluntary; and other matters that are commonly • will be treated as public comments that The collections are low-burden for considered private. may be made available to the public respondents (based on considerations of Current Actions: Extension of notwithstanding the inclusion of the total burden hours, total number of approval for a collection of information. routine notice. respondents, or burden-hours per Type of Review: Extension. respondent) and are low-cost for both FOR FURTHER INFORMATION CONTACT: To Survey Type: Web based/email based request additional information, please the respondents and the Federal survey; Feedback/Comment Evaluation Madolyn Phillips, Madolyn.Phillips@ Government; Form; Detailed Mail Evaluation Form; • The collections are non- exim.gov, 202–565–3701. Telephone; Focus Group. controversial and do not raise issues of Affected Public: Individuals and SUPPLEMENTARY INFORMATION: The concern to other Federal agencies; Households, Businesses and Export-Import Bank of the United • Any collection is targeted to the Organizations, State, Local or Tribal States, pursuant to the Export-Import solicitation of opinions from Government. Bank Act of 1945, as amended (12 respondents who have experience with Below we provide projected average U.S.C. 635, et seq.), facilitates the the program or may have experience estimates for the next three years: finance of the export of U.S. goods and with the program in the near future; Average Expected Annual Number of services. The ‘‘Report of Premiums • Personally identifiable information Activities: 10. Payable for Exporters Only’’ form will (PII) is collected only to the extent Average Number of Respondents per be used by exporters to report and pay necessary and is not retained; Activity: 467. premiums on insured shipments to • Information gathered will be used Annual Responses: 4,670. various foreign buyers. only internally for general service Frequency of Response: Once per Title and Form Number: EIB 11–01, improvement and program management request. Generic Clearance for the Collection of purposes and is not intended for release Average Minutes per Response: 8. Qualitative Feedback on Agency Service outside of the agency; Burden Hours: 623. Delivery. • Information gathered will not be Request for Comments: Comments Abstract: The proposed information used for the purpose of substantially submitted in response to this notice will collection activity provides a means to informing influential policy decisions; be summarized and/or included in the garner qualitative customer and and request for OMB approval. Comments stakeholder feedback in an efficient, • Information gathered will yield are invited on: (a) Whether the timely manner, in accordance with the qualitative information; the collections collection of information is necessary Administration’s commitment to will not be designed or expected to for the proper performance of the improving service delivery. By yield statistically reliable results or used functions of the agency, including qualitative feedback we mean as though the results are generalizable to whether the information shall have information that provides useful the population of study. practical utility; (b) the accuracy of the insights on perceptions and opinions, Feedback collected under this generic agency’s estimate of the burden of the but are not statistical surveys that yield clearance provides useful information, collection of information; (c) ways to quantitative results that can be but it does not yield data that can be enhance the quality, utility, and clarity generalized to the population of study. generalized to the overall population. of the information to be collected; (d) This feedback will provide insights into This type of generic clearance for ways to minimize the burden of the customer or stakeholder perceptions, qualitative information will not be used collection of information on experiences and expectations, provide for quantitative information collections respondents, including through the use an early warning of issues with service, that are designed to yield reliably of automated collection techniques or or focus attention on areas where actionable results, such as monitoring other forms of information technology; communication, training or changes in trends over time or documenting and (e) estimates of capital or start-up operations might improve delivery of program performance. Such data uses costs and costs of operation,

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maintenance, and purchase of services Comments regarding each of these Authority: 5 U.S.C. 552b(e)(1). to provide information. Burden means applications must be received at the Dated: April 15, 2021. the total time, effort, or financial Reserve Bank indicated or the offices of Dharmesh Vashee, the Board of Governors, Ann E. resources expended by persons to Acting General Counsel, Federal Retirement generate, maintain, retain, disclose or Misback, Secretary of the Board, 20th Thrift Investment Board. provide information to or for a Federal Street and Constitution Avenue NW, [FR Doc. 2021–08041 Filed 4–19–21; 8:45 am] agency. This includes the time needed Washington, DC 20551–0001, not later BILLING CODE P to review instructions; to develop, than May 4, 2021. acquire, install and utilize technology A. Federal Reserve Bank of and systems for the purpose of Minneapolis (Chris P. Wangen, collecting, validating and verifying Assistant Vice President), 90 Hennepin DEPARTMENT OF HEALTH AND information, processing and Avenue, Minneapolis, Minnesota HUMAN SERVICES maintaining information, and disclosing 55480–0291: 1. Bruce Olsen and Bradley Bergdahl, Centers for Disease Control and and providing information; to train Prevention personnel and to be able to respond to both of Cando, North Dakota; to retain voting shares of Cando Holding a collection of information, to search Assisted Reproductive Technology Company, Inc., and thereby indirectly data sources, to complete and review (ART) Success Rates Reporting and retain voting shares of First State Bank the collection of information; and to Data Validation Procedures transmit or otherwise disclose the of Cando, both of Cando, North Dakota, information. and for Mr. Bergdahl to remain a AGENCY: Centers for Disease Control and All written comments will be member of the Bergdahl family Prevention (CDC), Department of Health available for public inspection shareholder group, a group acting in and Human Services (HHS). concert. Regulations.gov. ACTION: Final notice. An agency may not conduct or Board of Governors of the Federal Reserve sponsor, and a person is not required to System, April 14, 2021. SUMMARY: The Centers for Disease respond to, a collection of information Michele Taylor Fennell, Control and Prevention, within the unless it displays a currently valid Deputy Associate Secretary of the Board. Department of Health and Human Office of Management and Budget [FR Doc. 2021–08026 Filed 4–19–21; 8:45 am] Services, announces the changes in control number. BILLING CODE P assisted reproductive technology (ART) data validation selection process; data Bassam Doughman, validation approach; and data IT Specialist. FEDERAL RETIREMENT THRIFT discrepancy reporting. The proposed [FR Doc. 2021–08118 Filed 4–19–21; 8:45 am] INVESTMENT BOARD changes to ART data validation were BILLING CODE 6690–01–P published in the Federal Register on Notice of Board Meeting October 20, 2020 (85 FR 66566); public comments and recommendations were DATES: April 27, 2021 at 10:00 a.m. requested, and no comments were FEDERAL RESERVE SYSTEM ADDRESSES: Telephonic. Dial-in (listen received. This notice describes changes only) information: Number: 1–415–527– to the data validation process that will Change in Bank Control Notices; 5035, Code: 199 778 0953; or via web: be implemented effective for calendar Acquisitions of Shares of a Bank or https://tspmeet.webex.com/tspmeet/ year 2022. Bank Holding Company onstage/g.php?MTID= FOR FURTHER INFORMATION CONTACT: The notificants listed below have e970bcb3380007675a9722e504d95e5b9. Jeani Chang, Division of Reproductive applied under the Change in Bank FOR FURTHER INFORMATION CONTACT: Health, National Center for Chronic Control Act (Act) (12 U.S.C. 1817(j)) and Kimberly Weaver, Director, Office of Disease Prevention and Health § 225.41 of the Board’s Regulation Y (12 External Affairs, (202) 942–1640. Promotion, Centers for Disease Control CFR 225.41) to acquire shares of a bank SUPPLEMENTARY INFORMATION: and Prevention, 4770 Buford Highway NE, Mailstop S107–2, Atlanta, Georgia or bank holding company. The factors Board Meeting Agenda that are considered in acting on the 30341–3724. Telephone: (770) 488– applications are set forth in paragraph 7 Open Session 5200. Email: [email protected]. of the Act (12 U.S.C. 1817(j)(7)). 1. Approval of the March 23, 2021 SUPPLEMENTARY INFORMATION: Pursuant The public portions of the Board Meeting Minutes to the Fertility Clinic Success Rate and applications listed below, as well as 2. Monthly Reports Certification Act of 1992, 42 U.S.C. other related filings required by the (a) Participant Activity Report 263a–5, CDC publishes pregnancy Board, if any, are available for (b) Legislative Report success rates reported to the agency in immediate inspection at the Federal 3. Quarterly Reports accordance with section 263a–1(a)(1). Reserve Bank(s) indicated below and at (c) Investment Policy The primary goal of public reporting of the offices of the Board of Governors. (d) Budget Review clinical outcomes of ART is to provide (e) Audit Status This information may also be obtained 4. Annual Financial Audit—Clifton accurate data to current or potential on an expedited basis, upon request, by Larsen Allen ART users. Therefore, multiple contacting the appropriate Federal 5. Department of Labor Presentation mechanisms ensuring data accuracy are Reserve Bank and from the Board’s 6. Multi-Asset Manager Update employed by CDC: Conducting data Freedom of Information Office at 7. Converge Update (formerly known as checks for logical errors and https://www.federalreserve.gov/foia/ RKSA) inconsistencies during data entry stage, request.htm. Interested persons may verification of data accuracy by clinics’ express their views in writing on the Closed Session medical directors, additional data standards enumerated in paragraph 7 of 8. Information covered under 5 U.S.C. checks for logical errors and internal the Act. 552b(c)(9)(B). inconsistencies after submission. If any

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errors or inconsistencies are identified report and not included in aggregate national Dated: April 15, 2021. during these stages, clinics are data reports. Sandra Cashman, contacted and data are immediately CDC may re-select this ART program Executive Secretary, Centers for Disease corrected. In addition, CDC conducts Control and Prevention. annual site visits by selecting 7–10% of during the following reporting year(s) to assess corrections of identified data [FR Doc. 2021–08117 Filed 4–19–21; 8:45 am] all reporting clinics and about 70–80 BILLING CODE 4163–18–P cycles per clinic for data validation. errors. This data validation process involves In addition, CDC will publish a comparing information of key variables statement in the annual ART Fertility DEPARTMENT OF HEALTH AND from patient’s medical record with the Clinic Success Rates Report to identify HUMAN SERVICES data submitted to the National ART clinics that are selected by CDC to Surveillance System (NASS), the CDC participate in the NASS data validation Centers for Disease Control and data reporting system for ART but decline to participate.(See 80 FR Prevention procedures, to calculate discrepancy 51811 for further information [Docket No. CDC–2021–0044] rates for these variables. Data validation concerning external validation of clinic helps ensure that clinics submit data). If a clinic is selected to participate Advisory Committee on Immunization accurate data and to identify any in the NASS data validation process and Practices (ACIP) systematic problems that could cause declines to participate, the following data collection to be inconsistent or message will be displayed in the ART AGENCY: Centers for Disease Control and incomplete. Fertility Clinic Success Rates Report for Prevention (CDC), Department of Health the clinic as: and Human Services (HHS). Data Validation CDC conducts data validation of a sample ACTION: Notice of meeting and request CDC is currently conducting data of reporting clinics to assess discrepancy for comment. validation using stratified random rates for key variables, to identify any SUMMARY: sampling of reporting clinics to assess systematic problems, and to help ensure In accordance with the discrepancy rates for key variables that clinics submit accurate data. This clinic was Federal Advisory Committee Act, the are generalizable for all reporting clinics selected for validation of (insert: Reporting Centers for Disease Control and as described in ‘‘Reporting of Pregnancy year) data, but declined to participate. This Prevention (CDC), announces the Success Rates from Assisted clinic’s reported data are therefore not following meeting of the Advisory Reproductive Technology (ART) published in this report and not included in Committee on Immunization Practices Programs’’ (80 FR 51811). Effective for aggregate national data reports. (ACIP). This meeting is open to the calendar year 2022, CDC also will public. The meeting will be webcast live CDC may re-select this ART program conduct targeted validation of clinics to via the World Wide Web. during the following reporting year(s). better capture systematic reporting DATES: The meeting will be held on Participation in data validation is errors by assessing certain reporting April 23, 2021, from 11:00 a.m. to 5:00 integral to helping ensure the accuracy characteristics that may predict p.m., EDT (dates and times subject to of the required pregnancy success rates erroneously inflated ART success rates change, see the ACIP website for reported to have been achieved by (e.g. number of cancelled cycles, updates: http://www.cdc.gov/vaccines/ clinics. Therefore, displaying this inability to confirm reported live births, acip/index.html). The public may message, as well as the other messages etc.). Information gained from targeted submit comments from April 20, 2021 outlined herein, is important in validation will be used to identify and through April 23, 2021. providing the public with the most address systematic reporting errors, but accurate information. ADDRESSES: For more information on will not be used in calculating ACIP please visit the ACIP website: discrepancy rates since it cannot be For consistency, for all other clinics http://www.cdc.gov/vaccines/acip/ generalized to all reporting clinics. that are selected to participate in the index.html. If a clinic is selected to participate in NASS data validation and do You may submit comments, identified the NASS data validation process (either participate, the following footnote will by Docket No. CDC–2021–0044 by any through stratified random sampling or be added: of the following methods: through targeted selection), participates CDC conducts data validation of a sample • Federal eRulemaking Portal: in validation, and major data of reporting clinics to assess discrepancy https://www.regulations.gov. Follow the discrepancies are identified (e.g., lack of rates for key variables, to identify any instructions for submitting comments. supporting information for a significant systematic problems, and to help ensure • Mail: Centers for Disease Control proportion of reported pregnancy clinics submit accurate data. This clinic was and Prevention, 1600 Clifton Road NE, outcomes, inability to confirm a visited for validation of (insert: Reporting MS H24–8, Atlanta, GA 30329–4027, significant proportion of reported live year) data and no systematic problems were Attn: April 23, 2021 ACIP Meeting. identified. births, underreporting a significant Instructions: All submissions received proportion of cycles, etc.), a message Any messages added to a clinic’s must include the Agency name and will be displayed in the ART Fertility success rates page in the ART Fertility Docket Number. All relevant comments Clinic Success Rates Report for the Clinic Success Rates Report will appear received in conformance with the clinic as: only for the reporting year that the https://www.regulations.gov suitability CDC conducts data validation of a sample clinic was selected for validation. These policy will be posted without change to of reporting clinics to assess discrepancy enhanced processes and messages in the https://www.regulations.gov, including rates for key variables, to identify any annual ART Fertility Clinic Success any personal information provided. For systematic problems, and to help ensure Rates Report will help to inform the access to the docket to read background clinics submit accurate data. This clinic was documents or comments received, go to visited for validation of (insert: Reporting public if there are issues with data year) data and major data discrepancies were quality, thereby increasing the https://www.regulations.gov. identified. This clinic’s reported success rates transparency and help ensure the FOR FURTHER INFORMATION CONTACT: data are therefore not published in this accuracy of the NASS data reporting. Stephanie Thomas, ACIP Committee

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Management Specialist, Centers for public disclosure. Comments will be Prevention and the Agency for Toxic Disease Control and Prevention, posted on https://www.regulations.gov. Substances and Disease Registry. National Center for Immunization and Therefore, do not include any Kalwant Smagh, Respiratory Diseases, 1600 Clifton Road information in your comment or NE, MS–H24–8, Atlanta, GA 30329– supporting materials that you consider Director, Strategic Business Initiatives Unit, Office of the Chief Operating Officer, Centers 4027; Telephone: 404–639–8367; Email: confidential or inappropriate for public for Disease Control and Prevention. [email protected]. disclosure. If you include your name, [FR Doc. 2021–08275 Filed 4–16–21; 4:15 pm] SUPPLEMENTARY INFORMATION: In contact information, or other BILLING CODE 4163–18–P accordance with 41 CFR 102–3.150(b), information that identifies you in the less than 15 calendar days’ notice is body of your comments, that being given for this meeting due to the information will be on public display. DEPARTMENT OF HEALTH AND exceptional circumstances of the CDC will review all submissions and HUMAN SERVICES COVID–19 pandemic and rapidly may choose to redact, or withhold, evolving COVID–19 vaccine submissions containing private or Administration for Children and development and regulatory processes. proprietary information such as Social Families The Secretary of Health and Human Security numbers, medical information, Services has determined that COVID–19 inappropriate language, or duplicate/ Proposed Information Collection is a Public Health Emergency. A notice near duplicate examples of a mass-mail Activity; Data Collection for the of this ACIP meeting has also been campaign. CDC will carefully consider Engaging Fathers and Paternal posted on CDC’s ACIP website at: http:// all comments submitted into the docket. Relatives: A Continuous Quality Improvement Approach in the Child www.cdc.gov/vaccines/acip/index.html. Written Public Comment: Written Welfare System Project (New In addition, CDC has sent notice of this comments must be received on or before Collection) ACIP meeting by email to those who April 23, 2021. subscribe to receive email updates about Oral Public Comment: This meeting AGENCY: Office of Planning, Research, ACIP. and Evaluation, Administration for Purpose: The committee is charged will include time for members of the Children and Families, HHS. with advising the Director, CDC, on the public to make an oral comment. Oral use of immunizing agents. In addition, public comment will occur before any ACTION: Request for public comment. scheduled votes including all votes under 42 U.S.C. 1396s, the committee is SUMMARY: relevant to the ACIP’s Affordable Care The Office of Planning, mandated to establish and periodically Research, and Evaluation (OPRE) within review and, as appropriate, revise the Act and Vaccines for Children Program roles. Priority will be given to the Administration for Children and list of vaccines for administration to Families (ACF) is proposing to conduct individuals who submit a request to vaccine-eligible children through the data collection activities for the make an oral public comment before the Vaccines for Children (VFC) program, Engaging Fathers and Paternal Relatives: meeting according to the procedures along with schedules regarding dosing A Continuous Quality Improvement below. interval, dosage, and contraindications Approach in the Child Welfare System to administration of vaccines. Further, Procedure for Oral Public Comment: (Fathers and Continuous Learning in under provisions of the Affordable Care All persons interested in making an oral Child Welfare [FCL]) Project. This Act, section 2713 of the Public Health public comment at the April 23, 2021 evaluation is a descriptive study of Service Act, immunization ACIP meeting must submit a request at child welfare agencies’ use of a recommendations of the ACIP that have http://www.cdc.gov/vaccines/acip/ continuous quality improvement been approved by the Director of the meetings/ no later than 11:59 p.m., EDT, process called the Breakthrough Series Centers for Disease Control and April 21, 2021 according to the Collaborative (BSC) to implement Prevention and appear on CDC instructions provided. strategies to improve father and paternal immunization schedules must be If the number of persons requesting to relative engagement in the child welfare covered by applicable health plans. speak is greater than can be reasonably system. The project is designed to Matters To Be Considered: The agenda accommodated during the scheduled examine the use of the BSC will include discussions on Janssen time, CDC will conduct a lottery to methodology to strengthen fathers’ and (Johnson & Johnson) COVID–19 Vaccine determine the speakers for the paternal relatives’ engagement with Safety. A recommendation vote(s) is scheduled public comment session. children involved in child welfare and scheduled. Agenda items are subject to CDC staff will notify individuals to add to the evidence base on change as priorities dictate. For more regarding their request to speak by email engagement strategies for fathers and information on the meeting agenda visit by 12:00 p.m., EDT, April 22, 2021. To paternal relatives in child welfare. https://www.cdc.gov/vaccines/acip/ accommodate the significant interest in meetings/meetings-info.html. DATES: Comments due within 60 days of Meeting Information: The meeting participation in the oral public publication. In compliance with the will be webcast live via the World Wide comment session of ACIP meetings, requirements of the Paperwork Web; for more information on ACIP each speaker will be limited to 3 Reduction Act of 1995, ACF is soliciting please visit the ACIP website: http:// minutes, and each speaker may only public comment on the specific aspects www.cdc.gov/vaccines/acip/index.html. speak once per meeting. of the information collection described The Director, Strategic Business above. Public Participation Initiatives Unit, Office of the Chief ADDRESSES: Copies of the proposed Interested persons or organizations Operating Officer, Centers for Disease collection of information can be are invited to participate by submitting Control and Prevention, has been obtained and comments may be written views, recommendations, and delegated the authority to sign Federal forwarded by emailing data. Please note that comments Register notices pertaining to [email protected]. received, including attachments and announcements of meetings and other Alternatively, copies can also be other supporting materials, are part of committee management activities, for obtained by writing to the the public record and are subject to both the Centers for Disease Control and Administration for Children and

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Families, Office of Planning, Research, shift in organizational culture in terms whether strategies developed in the BSC and Evaluation, 330 C Street SW, of the importance of father engagement. are likely to lead to placement stability Washington, DC 20201, Attn: OPRE The descriptive evaluation will build and permanency outcomes. Reports Clearance Officer. All requests, on the findings of the pilot study Data collection will take place with conducted under the umbrella generic: emailed or written should be identified stakeholders in as many as five child Formative Data Collections for ACF by the title of the information collection. welfare agencies implementing the BSC. Program Support (OMB #0970–0531). Data collection activities include SUPPLEMENTARY INFORMATION: (Site selection for the pilot study was discussions with participating agency conducted under the umbrella generic: Description: The FCL evaluation has staff and key partners during site visits, three equally important aims. The first Formative Data Collections for ACF Research (OMB #0970–0356.) It will focus groups with fathers and paternal is to describe promising strategies for relatives with relatively recent engaging fathers and paternal relatives focus on organizational changes and network supports for father and paternal experience with the focal child welfare in the child welfare system. The second agencies, and web surveys of is to assess the promise of the BSC as relative engagement, changes in staff attitudes and skills for engaging fathers participating agency staff. a continuous quality improvement and paternal relatives, and father and Respondents: Child welfare agency framework for addressing challenges in paternal relative engagement outcomes. leaders, child welfare agency program the child welfare system, including This evaluation will explore the staff and key partner staff involved in whether and to what extent the BSC has implementation of father and paternal implementing the engagement potential, and if so, how it may be relative engagement strategies by strategies, and father and paternal applied to other child welfare examining process outcomes. By relative clients of the agencies. Program challenges. The third is to assess the examining process outcomes, the staff may include senior leaders, extent to which agencies experienced a evaluation is designed to indicate managers, and frontline staff.

ANNUAL BURDEN ESTIMATES

Number of Number of responses per Avg. burden Instrument respondents respondent per response Total burden Annual burden (total over (total over (in hours) (in hours) (in hours) request period) request period)

Interview topic guide ...... 180 1 1.5 270 90 Father and paternal relative focus group protocol ...... 72 1 1.5 108 36 Staff survey ...... 90 2 0.33 59 20

Estimated Total Annual Burden DEPARTMENT OF HEALTH AND DATES: Comments on this ICR should be Hours: 146. HUMAN SERVICES received no later than June 21, 2021. Comments: The Department ADDRESSES: Submit your comments to Health Resources and Services specifically requests comments on (a) [email protected] or mail the HRSA Administration whether the proposed collection of Information Collection Clearance information is necessary for the proper Agency Information Collection Officer, Room 14N39, 5600 Fishers performance of the functions of the Activities: Proposed Collection: Public Lane, Rockville, Maryland 20857. agency, including whether the Comment Request; Information FOR FURTHER INFORMATION CONTACT: To information shall have practical utility; Collection Request Title: Updates to request more information on the (b) the accuracy of the agency’s estimate Uniform Standard for Waiver of the proposed project or to obtain a copy of of the burden of the proposed collection Ryan White HIV/AIDS Program Core the data collection plans and draft of information; (c) the quality, utility, Medical Services Expenditure instruments, email [email protected] and clarity of the information to be Requirement, OMB No. 0906–XXXX– or call Lisa Wright-Solomon, the HRSA collected; and (d) ways to minimize the NEW Information Collection Clearance Officer burden of the collection of information at (301) 443–1984. on respondents, including through the AGENCY: Health Resources and Services SUPPLEMENTARY INFORMATION: When use of automated collection techniques Administration (HRSA), Department of submitting comments or requesting Health and Human Services (HHS). or other forms of information information, please include the technology. Consideration will be given ACTION: Notice. information request collection title for to comments and suggestions submitted reference. within 60 days of this publication. SUMMARY: In compliance with the Information Collection Request Title: requirement for opportunity for public Updates to Uniform Standard for Waiver Authority Sec. 403. [42 U.S.C. 603] and comment on proposed data collection of the Ryan White HIV/AIDS Program Sec. 426. [42 U.S.C. 626]. projects of the Paperwork Reduction Act Core Medical Services Expenditure Mary B. Jones, of 1995, HRSA announces plans to Requirement, OMB No. 0906–XXXX– submit an Information Collection NEW. ACF/OPRE Certifying Officer. Request (ICR), described below, to the Abstract: In accordance with sections [FR Doc. 2021–08025 Filed 4–19–21; 8:45 am] Office of Management and Budget 2604(c), 2612(b), and 2651(c) of the BILLING CODE 4184–73–P (OMB). Prior to submitting the ICR to Public Health Service Act, Ryan White OMB, HRSA seeks comments from the HIV/AIDS Program (RWHAP) recipients public regarding the burden estimate or are required to spend not less than 75 any other aspect of the ICR. percent of grant funds on core medical

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services for individuals with HIV HRSA is proposing to simplify the and 2651(c) of the Public Health Service identified and eligible under the statute, waiver request process for RWHAP Parts Act. after reserving statutory permissible A, B, and C recipients by revising Policy Likely Respondents: HRSA expects amounts for administrative and clinical Number 13–07: Uniform Standard for responses from RWHAP Parts A, B, and quality management costs. The RWHAP Waiver of Core Medical Services C grant applicants and recipients. The statute also grants the Secretary Requirement for Grantees Under Part, A, number of grant recipients requesting authority to waive this requirement for B, and C. The proposed changes would waivers has fluctuated annually and has RWHAP Parts A, B, or C recipients if a reduce the administrative burden for ranged from 15 to up to 22 per year number of requirements are met and a recipients by lessening the since the Program’s implementation in waiver request is submitted to HRSA for documentation they must submit to FY 2007. Given the changes in the approval. RWHAP Part A, B, and C core HRSA when requesting a waiver. Under health care environment, HRSA medical services waiver requests—if the proposed policy, recipients would anticipates receiving possibly up to 22 approved—are effective for a 1-year be required to submit a one-page ‘‘HRSA applications in a given year. budget period, and apply to funds RWHAP Core Medical Services Waiver Burden Statement: Burden in this awarded under the Minority AIDS Request Attestation Form’’ to HRSA in context means the time expended by Initiative. lieu of the multiple documents persons to generate, maintain, retain, Currently, for a core medical services currently required to submit a waiver disclose or provide the information waiver request to be approved, (1) core request. Waiver request submission requested. This includes the time medical services must be available and deadlines would also be revised. When needed to review instructions; to accessible to all individuals identified finalized, the policy would replace HAB develop, acquire, install and utilize and eligible for the RWHAP in the Policy Number 13–07 effective October technology and systems for the purpose recipient’s service area within 30 days, 1, 2021, and would be named ‘‘Waiver of collecting, validating and verifying without regard to payer source; (2) there of the Ryan White HIV/AIDS Program information, processing and cannot be any AIDS Drug Assistance maintaining information, and disclosing Core Medical Services Expenditure Program waiting lists in the recipient’s and providing information; to train Requirement.’’ HRSA is inviting service area; and (3) a public process to personnel and to be able to respond to comments on the proposed policy obtain input on the waiver request from a collection of information; to search change under a separate policy notice impacted communities, including data sources; to complete and review titled, Updates to Uniform Standard for clients and RWHAP-funded core the collection of information; and to medical services providers, on the Waiver of the Ryan White HIV/AIDS transmit or otherwise disclose the availability of core medical services and Program Core Medical Services information. Public reporting burden for the decision to request the waiver must Expenditure Requirement. this collection of information is have occurred. The public process may Need and Proposed Use of the estimated to average four hours per be a part of the same one used to seek Information: HRSA uses the response, including the time for input on community needs as part of the documentation submitted in core reviewing instructions, searching annual priority setting and resource medical services waiver requests to existing data sources, and completing allocation, comprehensive planning, determine if the grant applicant or and reviewing the collection of statewide coordinated statement of need recipient meets the statutory information. The total annual burden (SCSN), public planning, and/or needs requirements for waiver eligibility hours estimated for this ICR are assessment processes. outlined in Sections 2604(c), 2612(b), summarized in the table below.

TOTAL ESTIMATED ANNUALIZED BURDEN HOURS

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

Waiver Request ...... 22 1 22 4 88

Total ...... 22 ...... 22 ...... 88

HRSA specifically requests comments technology to minimize the information DEPARTMENT OF HEALTH AND on (1) the necessity and utility of the collection burden. HUMAN SERVICES proposed information collection for the Maria G. Button, proper performance of the agency’s Health Resources and Services functions; (2) the accuracy of the Director, Executive Secretariat. Administration estimated burden; (3) ways to enhance [FR Doc. 2021–08017 Filed 4–19–21; 8:45 am] Updates to Uniform Standard for BILLING CODE 4165–15–P the quality, utility, and clarity of the Waiver of the Ryan White HIV/AIDS information to be collected; and (4) the Program Core Medical Services use of automated collection techniques Expenditure or other forms of information AGENCY: Health Resources and Services Administration (HRSA), Department of Health and Human Services (HHS). ACTION: Request for public comment on updates to uniform standard for waiver of the Ryan White HIV/AIDS Program

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core medical services expenditure medical services must be available and a substantial amount of time for requirement. accessible to all individuals identified recipients. Likewise, HRSA requires a and eligible for the RWHAP in the substantial amount of time to review SUMMARY: The Ryan White HIV/AIDS recipient’s service area within 30 days, and process them. Therefore, HRSA is Program (RWHAP) statute of the Public without regard to payer source; (2) there proposing that recipients submit the Health Services Act requires that cannot be any AIDS Drug Assistance proposed ‘‘HRSA RWHAP Core Medical RWHAP Part A, B, and C recipients Program (ADAP) waiting lists in the Services Waiver Request Attestation expend 75 percent of Parts A, B, and C recipient’s service area; and (3) a public Form’’ in lieu of the supporting grant funds on core medical services for process to obtain input on the waiver documentation required per HAB Policy individuals with HIV/AIDS identified request from impacted communities, Number 13–07. HRSA may request and eligible under the statute, after including clients and RWHAP-funded additional information or supporting reserving statutory permissible amounts core medical services providers, on the documentation upon request. for administrative and clinical quality availability of core medical services and Availability of Core Medical Services management costs. The statute also the decision to request the waiver must grants the Secretary authority to waive have occurred. The public process may Currently, consistent with HAB Policy this requirement if certain requirements be a part of the same one used to seek Number 13–07, recipients requesting are met. HRSA is proposing to simplify input on community needs as part of the core medical services waivers must the process for RWHAP Part A, B, and annual priority setting and resource provide evidence that all core medical C recipients to request a waiver of the allocation, comprehensive planning, services listed in the RWHAP statute are core medical services expenditure statewide coordinated statement of available for all identified and eligible amount requirement by replacing HRSA need, public planning, and/or needs individuals with HIV/AIDS in the Policy Number 13–07, ‘‘Uniform assessment processes. service area without regard to the source Standard for Waiver of Core Medical The proposed changes would reduce of funding. However, as part of their Services Requirement for Grantees the administrative burden for recipients grant application, RWHAP Part A, B, Under Parts, A, B, and C’’ (accessible at by lessening the documentation they and C recipients provide sufficient the following link) https://hab.hrsa.gov/ must submit to HRSA when requesting information to satisfy this requirement. sites/default/files/hab/Global/13- a waiver. Under the proposed policy, RWHAP Part A recipients describe the 07waiver.pdf. This notice seeks to make recipients would be required to submit comprehensive system of care in the public the proposed policy and provide a one-page ‘‘HRSA RWHAP Core entire eligible metropolitan area or an opportunity for public comment Medical Services Waiver Request transitional grant area. This description before its implementation. In a separate Attestation Form’’ to HRSA in lieu of includes the available core medical and notice entitled, Updates to Uniform the multiple documents currently support services funded by RWHAP Part Standard for Waiver of the Ryan White required to submit a waiver request. A and other funding sources (including HIV/AIDS Program Core Medical Waiver request submission deadlines Minority AIDS Initiative funds), where Services Expenditure Requirement, would also be revised. When finalized, those services are located, and how OMB No. 0906–XXXX–NEW, HRSA is the policy would replace HIV/AIDS clients may access those services. inviting comments on the data Bureau (HAB) Policy Number 13–07 Similarly, RWHAP Part B recipients collection changes associated with this effective October 1, 2021, and would be provide a general description of the HIV proposed policy change. named ‘‘Waiver of the Ryan White HIV/ service delivery system in the state/ DATES: Submit comments no later than AIDS Program Core Medical Services territory, including what services are June 21, 2021. The policy will become Expenditure Requirement.’’ available, where those services are effective on October 1, 2021. Summary of Proposed Changes: located, and how clients may access Currently, all waiver requests must be those services. RWHAP Part C recipients ADDRESSES: Electronic comments on signed by the Chief Elected Official or also provide a description of services this policy should be sent to the project director, and include several available to people with HIV in the [email protected] by June documents, regardless of when they are entire designated service area; a map 21, 2021. submitted relative to the grant showing locations of all current and FOR FURTHER INFORMATION CONTACT: application. The documents required proposed local providers of HIV Lieutenant Commander Emeka Egwim, under the current waiver request outpatient primary health care services, U.S. Public Health Service, Senior process outlined in HAB Policy Number including the recipient’s organization; Policy Analyst, Division of Policy & 13–07 are: (1) A letter signed by the and a list of all public and private Data, HRSA, HIV/AIDS Bureau, 5600 Director of the RWHAP Part B state/ organizations that provide HIV Fishers Lane, Rockville, MD 20857, territory recipient indicating that there outpatient primary health care services Phone: (301) 945–9637 or by emailing is no current or anticipated ADAP to people with HIV in the entire [email protected]. services waiting list in the state/ designated service area. Therefore, it is SUPPLEMENTARY INFORMATION: The territory; (2) evidence that all core duplicative to require additional RWHAP statute grants the Secretary medical services listed in the statute are documentation of this information authority to waive this requirement for available and accessible within 30 days separately as part of the core medical RWHAP Parts A, B, or C recipients if a for all identified and eligible services waiver application. number of requirements are met and a individuals with HIV in the service area; waiver request is submitted to HRSA for (3) evidence of a public process; and (4) ADAP Waiting Lists approval. RWHAP Part A, B, and C core a narrative of up to 10 pages. Consistent with the current medical services waiver requests—if HRSA has determined that some of requirements outlined in HAB Policy approved—are effective for a 1-year this required information is duplicative Number 13–07, recipients requesting budget period, and apply to funds of information recipients already submit core medical services waivers are awarded under the Minority AIDS as part of recipients’ grant applications required to submit a letter from the Initiative. or other reporting requirements. The director of the RWHAP Part B state/ Currently, for a core medical services current documentation for preparing territory recipient indicating there are waiver request to be approved, (1) core and submitting waiver requests requires no current or anticipated ADAP services

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waiting lists in the service area. All input on the design and implementation Attestation Form (see below).’’ The RWHAP Part B recipients already of activities related to the grant. Chief Elected Official, Chief Executive indicate in their grant applications HRSA notes that these public Officer, or a designee of either, would whether there are ADAP waiting lists in processes are not done in the context of complete and submit the HRSA RWHAP their state or territory, and whether the RWHAP Part A, B, or C recipients Core Medical Services Waiver Request recipient anticipates implementing one. requesting waivers of the RWHAP core Attestation Form to HRSA certifying Under the proposed changes, RWHAP medical services expenditure that the recipient has met the Part A, B, and C recipients must still requirements. Therefore, consistent with requirements outlined in the RWHAP attest that there are no ADAP waiting the requirements outlined in the statute, statute and the new policy notice. This lists in the RWHAP Part B program on RWHAP Parts A, B, and C recipients attestation form would be included as the RWHAP Core Medical Services should ensure the completion of a the last page of HAB Policy Notice 21– Waiver Request Attestation Form to public process to obtain input on their 01, and would consist of the following: HRSA. desire to request a core medical services 1. Instructions stating the form is to be waiver prior to submitting the HRSA completed by the Chief Elected Official, Evidence of a Public Process RWHAP Core Medical Services Waiver Chief Executive Officer, or a designee of Request Attestation Form. either, and the person completing it Currently, recipients submitting In addition to the three requirements waiver requests also submit letters from should initial the included checkboxes outlined above and in HAB Policy to attest to meeting each requirement the Planning Council Chair(s) and the Number 13–07, HRSA currently requires state HIV/AIDS director describing the after reading and understanding its recipients to submit a narrative of up to explanation. public process that occurred in the 10 pages describing how their proposed 2. A field in which the recipient can jurisdiction related to the availability of percentage allocation will allow for fill in its name. core medical services and the decision services to be provided if the waiver is to request a waiver. RWHAP program granted. These narratives also include 3. Checkboxes with which the recipients describe how they engaged any underlying local or state issues that recipient can indicate the following: affected communities regarding the influenced the decision to request a a. If they are a RWHAP Part A, B, or C availability of core medical services as waiver, a proposed resource allocation recipient part of their grant applications, and table, as well as a description of the b. Whether the request is an initial include evidence describing the general healthcare landscape in the request or renewal request community input process and how it service area and how it may have c. The year the waiver is being informs the priority setting and resource changed over time. Given that recipients requested allocation process for the jurisdiction. provide this information as part of the 4. Checkboxes with which the Specifically, the community input narrative in their grant applications or recipient attests to meeting the process described in RWHAP Part A other submitted documentation, when a following requirements: grant applications addresses how data recipient submits a core medical were used in the priority setting and services waiver application under the a. Not having an ADAP waiting list allocation processes to increase access proposed policy, HRSA would be able b. Availability of and accessibility to to core medical services. RWHAP Part B to refer to that information or could core medical services to all eligible recipients’ grant applications include request additional information from the individuals within the service area needs assessments that in part, recipient if needed. within 30 days describes the Public Advisory Planning For the reasons outlined above, HRSA c. Evidence of having conducted a Process models to ensure inclusion of has determined that these duplicative public process people with HIV, other RWHAP requirements outlined in HAB Policy 5. Fields for the following details of recipients, other HIV related programs, Number 13–07 are administratively the official completing the form: other general and local stakeholders, burdensome and can be reduced with a and community leaders. Similarly, more streamlined process. The proposed a. Signature RWHAP Part C recipients’ grant policy would replace waiver requests b. Printed name applications include documentation on with a one-page ‘‘HRSA RWHAP Core c. Title the process used to obtain community Medical Services Waiver Request 6. The date the form was signed

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HRSA Ryan White HIV/AIDS Program {RWHAP) core Medical servlces waivet Request Attestation Form

Tft~ rorm ~to fje:ccJmpfer;edt,y /:he CNef~fjjct:edQff,c1al,.Ch~f#eMite o.m~; pr e./:ksignee of'.e~her.

Pleasl!! iriltla(t'Q attest tt, meeting each rl!!qu/rement after.reeding and undetst:endJng 'the explimatkm.

Name:of ~c;ipient~. ______D llV(HAP Part A. r:iecls-ient D RWttAP PartB recipient D RWHAP Part.c recipient.

D Xnitiatrequest· D Renewal.request

Av11ilabdity of, and By fnitialing here and signiJ"Jg this document; you attest; to the accessibility to·core avail:abtlity ofand access.to core:medrcal services:for all HRS.A RWHAP .medical servicesto .eligible individuals in the service.·areawithin 30 days .. Such access is. .all eligibi. WithQut regard to fuhding .source, anc:1 Without the treed to spenct OH individuafs: these services, at least 7~ pe~el'lt offunds:remailiing from your RWHAP awlilrd after reserving statutory perm:rssit>te•ampunts for administrative aridclinlcai quality management, You also . ·•□ 21gree to proVide-HRSA HAB' SL!PPort:ive evidence of m~ting thl!=i tl?C)Oirement upon request;

SIGN"TUREOFCt:11.Ef ELECTEl>,OffICIALOR Ct:IIEF EXEClJTIVE·OffICER ('OR ~ESIGNEE}

l>RINTNAME

TITlE

DATE

Although the proposed policy’s provide further information to HRSA To facilitate a more efficient review of purpose is to reduce administrative upon request. waiver requests, the proposed changes burden for recipients, if finalized, it would require waiver requests to be would not change the underlying Submission Deadlines submitted by specific programmatic requirements necessary to obtain a In addition to reducing the volume of deadlines. A RWHAP Part A recipient waiver, i.e., ensuring that: (1) All core documentation, HRSA is proposing to would submit their waiver request as an medical services are available and change the deadlines for submitting attachment with the annual grant accessible within 30 days in the waiver requests. application or non-competing jurisdiction or service area, (2) the state continuation (NCC) progress report. ADAP has no waiting lists, and (3) the Currently, consistent with the process Because RWHAP Part B recipients recipient has used a public process to outlined in HAB Policy Number 13–07, submit their final budget 90 days after determine the need for a waiver. The RWHAP Parts A, B, and C recipients receiving their Notice of Award, the HRSA RWHAP Core Medical Services may choose to submit a waiver request need for a waiver may not be identified Waiver Request Attestation Form at any time prior to submission of the until the final budget is approved. provides recipients applying for waivers annual grant application, with the Therefore, a RWHAP Part B recipient the ability to attest to having satisfied annual grant application, or up to 4 would submit their waiver request these requirements. Notwithstanding, months after the start of the grant year either in advance of the grant recipients may still be required to for which the waiver is being requested. application, with the grant application,

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with the mandatory NCC progress expenditure amounts for core medical Deadlines for Submitting Waiver report, or up to 4 months into the grant services. Requests award budget period for which the RWHAP Part A Waiver Requests waiver is being requested. A RWHAP Requirements A HRSA RWHAP Part A recipient Part C recipient would submit their A RWHAP Part A, B, or C recipient should submit their request for a waiver request for a waiver as an attachment must meet a number of requirements, as an attachment with the grant with the grant application or the and submit a waiver request to HRSA to application or the mandatory NCC mandatory NCC progress report. These receive a waiver of the core medical progress report, if applicable. In each proposed changes are intended to better services expenditure requirement. align waiver requests with case, waiver requests do not count programmatic processes, thereby 1. Core medical services must be towards the submission page limit. Do allowing HRSA to better manage the available and accessible to all not submit requests for waivers prior to review and processing of waiver individuals identified and eligible for the grant application or mandatory NCC requests. the RWHAP in the recipient’s service progress report, nor after the start of the The proposed policy maintains that area within 30 days. This access must grant award budget period for which the applicants submit their waiver requests be: waiver is being requested. with their grant applications through a. Without regard to payer source, and RWHAP Part B Waiver Requests www.grants.gov. Recipients submit their b. without the need to spend at least A HRSA RWHAP Part B recipient may waiver requests with the mandatory 75 percent of funds remaining from the NCC progress report through the submit their request for a waiver either recipient’s RWHAP award after in advance of the grant application, as Electronic Handbooks (EHB). For waiver statutory permissible amounts for requests that are not submitted with an attachment to the grant application, administrative and clinical quality with the mandatory NCC progress grant applications or the mandatory management costs are reserved. NCC progress report, the proposed report, or up to 4 months into the grant policy would require a recipient to 2. The recipient must ensure there are award budget period for which the notify its HRSA project officer (PO) of no ADAP waiting lists in its service waiver is being requested. its intention to request a waiver in order area. RWHAP Part C Waiver Requests 3. A public process to obtain input on to initiate a request for information in A HRSA RWHAP Part C recipient the waiver request must have occurred. the EHB. should submit their request for a waiver In the current process, HRSA reviews a. This process must seek input from as an attachment to the grant requests and notifies recipients of impacted communities including clients application or the mandatory NCC waiver approval or denial no later than and RWHAP-funded core medical progress report. Do not submit requests the date of issuance of the Notices of services providers on the availability of for waivers prior to the grant application Award. In the proposed process, HRSA core medical services, and the decision or mandatory NCC progress report, nor would notify recipients of waiver to request the waiver. after the start of the grant award budget approval or denial within 4 weeks of b. The public process may be a part period for which the waiver is being receipt of the request, thereby saving requested. weeks when compared to the current of the same one used to seek input on process. As with the current process, community needs as part of the annual Methods for Submitting Waiver approved core medical services waivers priority setting and resource allocation, Requests will be effective for the 1-year budget comprehensive planning, statewide coordinated statement of need, public Applicants must submit their waiver period for which they are approved; requests with their grant applications recipients must submit a new request planning, and/or needs assessment processes. through www.grants.gov. Recipients for each budget period. Also as with the must submit their waiver requests with current process, a recipient would not Requesting a Waiver the mandatory NCC progress report be required to implement an approved through the Electronic Handbooks waiver should it no longer be needed. To request a waiver, the Chief Elected (EHB). Recipients who do not submit Official, Chief Executive Officer, or a Waiver of the Ryan White HIV/AIDS their waiver requests with their grant designee of either must complete and Program Core Medical Services applications, or with their mandatory submit the HRSA RWHAP Core Medical Expenditure Requirement NCC progress reports must notify its Services Waiver Request Attestation HRSA PO of its intention to request a HAB Policy Notice 21–01 Form (appended below) to HRSA. The waiver. The PO will initiate a Request Replaces HAB Policy Number 13–07 form should be submitted according to for Information in the EHB. The the applicable deadlines and methods Scope of Coverage recipient must respond to the EHB task for submission outlined below. By consistent with the deadlines for HRSA HIV/AIDS Bureau RWHAP completing and submitting this form, submitting waiver requests outlined Parts A, B, and C. the Chief Elected Official, Chief above. Executive Officer, or a designee of either Purpose of Policy Notice attests to meeting the requirements Waiver Review and Notification This HRSA policy notice replaces outlined above and agrees to provide Process HAB Policy Number 13–07 Uniform supportive evidence to HRSA upon HRSA will review requests and notify Standard for Waiver of Core Medical request. No other documentation is recipients of waiver approval or denial Services Requirement for Grantees required to be submitted with the HRSA within 4 weeks of receipt of the request. Under Parts, A, B, and C. It provides RWHAP Core Medical Services Waiver Approved core medical services modified processes and requirements Request Attestation Form, although waivers will be effective for the 1-year for HRSA RWHAP Parts A, B, and C recipients may be required to submit budget period for which it is approved; recipients to request waivers of the additional documentation to HRSA recipients must submit a new request statutory requirement regarding upon request. for each budget period. A recipient

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approved for a core medical services Agenda: To review and evaluate grant Scientific Review, National Institutes of waiver is not required to implement the applications. Health, 6701 Rockledge Drive, Room 3204, waiver if it is no longer needed. Place: National Institutes of Health, MSC 7808, Bethesda, MD 20892, 301–496– Rockledge II, 6701 Rockledge Drive, 6980, [email protected]. Diana Espinosa, Bethesda, MD 20892 (Virtual Meeting). Name of Committee: Infectious Diseases Acting Administrator. Contact Person: Neerja Kaushik-Basu, and Immunology B Integrated Review Group; Ph.D., Scientific Review Officer, Center for [FR Doc. 2021–08016 Filed 4–19–21; 8:45 am] Host Interactions with Bacterial Pathogens Scientific Review, National Institutes of Study Section. BILLING CODE 4165–15–P Health, 6701 Rockledge Drive, Room 3198, Date: June 24–25, 2021. MSC 7808, Bethesda, MD 20892, (301) 435– Time: 9:45 a.m. to 6:00 p.m. 1742, [email protected]. Agenda: To review and evaluate grant DEPARTMENT OF HEALTH AND Name of Committee: Center for Scientific applications. HUMAN SERVICES Review Special Emphasis Panel; Member Place: National Institutes of Health, Conflict: Bioengineering Science and Rockledge II, 6701 Rockledge Drive, National Institutes of Health Technology. Bethesda, MD 20892 (Virtual Meeting). Date: June 21, 2021. Contact Person: Fouad A. El-Zaatari, Ph.D., Center for Scientific Review; Notice of Time: 8:30 a.m. to 5:30 p.m. Scientific Review Officer, Center for Closed Meetings Agenda: To review and evaluate grant Scientific Review, National Institutes of applications. Health, 6701 Rockledge Drive, Room 3186, Pursuant to section 10(d) of the Place: National Institutes of Health, MSC 7808, Bethesda, MD 20892, (301) 435– Federal Advisory Committee Act, as Rockledge II, 6701 Rockledge Drive, 1149, [email protected]. amended, notice is hereby given of the Bethesda, MD 20892 (Virtual Meeting). Name of Committee: Center for Scientific following meetings. Contact Person: Nitsa Rosenzweig, Ph.D., Review Special Emphasis Panel; Biomedical The meetings will be closed to the Scientific Review Officer, Center for Data Repositories and Knowledgebases. public in accordance with the Scientific Review, National Institutes of Date: June 24, 2021. provisions set forth in sections Health, 6701 Rockledge Drive, Room 4152, Time: 10:00 a.m. to 7:00 p.m. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., MSC 7760, Bethesda, MD 20892, (301) 404– Agenda: To review and evaluate grant as amended. The grant applications and 7419, [email protected]. applications. the discussions could disclose Name of Committee: Digestive, Kidney and Place: National Institutes of Health, Urological Systems Integrated Review Group; Rockledge II, 6701 Rockledge Drive, confidential trade secrets or commercial Bethesda, MD 20892 (Virtual Meeting). property such as patentable material, Digestive System Host Defense, Microbial Interactions and Immune and Inflammatory Contact Person: Joseph Thomas Peterson, and personal information concerning Disease Study Section. Ph.D., Scientific Review Officer, Center for individuals associated with the grant Date: June 24–25, 2021. Scientific Review, National Institutes of applications, the disclosure of which Time: 9:00 a.m. to 6:00 p.m. Health, 6701 Rockledge Drive, Room 4118, would constitute a clearly unwarranted Agenda: To review and evaluate grant MSC 7814, Bethesda, MD 20892, 301–408– invasion of personal privacy. applications. 9694, [email protected]. Place: National Institutes of Health, (Catalogue of Federal Domestic Assistance Name of Committee: Center for Scientific Program Nos. 93.306, Comparative Medicine; Review Special Emphasis Panel; Special Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting). 93.333, Clinical Research, 93.306, 93.333, Topics: Vision Imaging, Bioengineering and 93.337, 93.393–93.396, 93.837–93.844, Low Vision Technology Development. Contact Person: Aiping Zhao, MD, Scientific Review Officer, Center for 93.846–93.878, 93.892, 93.893, National Date: May 20–21, 2021. Institutes of Health, HHS) Time: 8:00 a.m. to 6:00 p.m. Scientific Review, National Institutes of Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 2188, Dated: April 15, 2021. applications. Bethesda, MD 20892–7818, (301) 435–0682, Melanie J. Pantoja, [email protected]. Place: National Institutes of Health, Program Analyst, Office of Federal Advisory Rockledge II, 6701 Rockledge Drive, Name of Committee: Infectious Diseases Committee Policy. Bethesda, MD 20892 (Virtual Meeting). and Immunology A Integrated Review Group; Contact Person: Susan Gillmor, Ph.D., Cellular and Molecular Immunology—B [FR Doc. 2021–08083 Filed 4–19–21; 8:45 am] Scientific Review Officer, National Institutes Study Section. BILLING CODE 4140–01–P of Health, Center for Scientific Review, 6701 Date: June 24–25, 2021. Rockledge Drive, Bethesda, MD 20892, 240– Time: 9:00 a.m. to 6:00 p.m. 762–3076, [email protected]. Agenda: To review and evaluate grant DEPARTMENT OF HEALTH AND Name of Committee: Healthcare Delivery applications. HUMAN SERVICES and Methodologies Integrated Review Group; Place: National Institutes of Health, Community Influences on Health Behavior Rockledge II, 6701 Rockledge Drive, National Institutes of Health Study Section. Bethesda, MD 20892 (Virtual Meeting). Date: June 2–3, 2021. Contact Person: Liying Guo, Ph.D., Center for Scientific Review; Notice of Time: 10:00 a.m. to 7:00 p.m. Scientific Review Officer, Center for Closed Meetings Agenda: To review and evaluate grant Scientific Review, National Institutes of applications. Health, 6701 Rockledge Drive, Room 4198, Pursuant to section 10(d) of the Place: National Institutes of Health, MSC 7812, Bethesda, MD 20892, (301) 827– Federal Advisory Committee Act, as Rockledge II, 6701 Rockledge Drive, 7728, [email protected]. amended, notice is hereby given of the Bethesda, MD 20892 (Virtual Meeting). Name of Committee: Infectious Diseases following meetings. Contact Person: Tasmeen Weik, DRPH, and Immunology A Integrated Review Group; The meetings will be closed to the MPH, Scientific Review Officer, Center for Virology—A Study Section. public in accordance with the Scientific Review, National Institutes of Date: June 24–25, 2021. provisions set forth in sections Health, 6701 Rockledge Drive, Room 3141, Time: 9:30 a.m. to 7:00 p.m. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Bethesda, MD 20892, 301–827–6480, weikts@ Agenda: To review and evaluate grant as amended. The grant applications and mail.nih.gov. applications. the discussions could disclose Name of Committee: Infectious Diseases Place: National Institutes of Health, and Immunology A Integrated Review Group; Rockledge II, 6701 Rockledge Drive, confidential trade secrets or commercial Virology—B Study Section. Bethesda, MD 20892 (Virtual Meeting). property such as patentable material, Date: June 9–10, 2021. Contact Person: Kenneth M. Izumi, Ph.D., and personal information concerning Time: 9:30 a.m. to 7:00 p.m. Scientific Review Officer, Center for individuals associated with the grant

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applications, the disclosure of which Name of Committee: Interdisciplinary Translational Sciences, National Institutes of would constitute a clearly unwarranted Molecular Sciences and Training Integrated Health, 6701 Democracy Boulevard, Room invasion of personal privacy. Review Group; Cellular and Molecular 1078, Bethesda, MD 20892, 301–594–7319, Technologies Study Section. [email protected]. Name of Committee: Center for Scientific Date: June 22–23, 2021. (Catalogue of Federal Domestic Assistance Review Special Emphasis Panel; Nutritional Time: 10:00 a.m. to 7:00 p.m. Program Nos. 93.859, Pharmacology, Adherence for Food Allergies. Agenda: To review and evaluate grant Physiology, and Biological Chemistry Date: April 27, 2021. applications. Research; 93.350, B—Cooperative Time: 10:00 a.m. to 1:00 p.m. Place: National Institutes of Health, Agreements; 93.859, Biomedical Research Agenda: To review and evaluate grant Rockledge II, 6701 Rockledge Drive, and Research Training, National Institutes of applications. Bethesda, MD 20892 (Virtual Meeting). Health, HHS) Place: National Institutes of Health, Contact Person: Tatiana V. Cohen, Ph.D., Rockledge II, 6701 Rockledge Drive, Scientific Review Officer, Center for Dated: April 15, 2021. Bethesda, MD 20892 (Telephone Conference Scientific Review, National Institutes of David W. Freeman, Call). Health, 6701 Rockledge Drive, Room 5213, Program Analyst, Office of Federal Advisory Contact Person: Martha M. Faraday, Ph.D., Bethesda, MD 20892, 301–455–2364, Committee Policy. Scientific Review Officer, Center for [email protected]. [FR Doc. 2021–08091 Filed 4–19–21; 8:45 am] Scientific Review, National Institutes of (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–P Health, 6701 Rockledge Drive, Room 3110, Program Nos. 93.306, Comparative Medicine; MSC 7808, Bethesda, MD 20892, 301–435– 93.333, Clinical Research, 93.306, 93.333, 3575, [email protected]. 93.337, 93.393–93.396, 93.837–93.844, DEPARTMENT OF HEALTH AND This notice is being published less than 15 93.846–93.878, 93.892, 93.893, National days prior to the meeting due to the timing Institutes of Health, HHS) HUMAN SERVICES limitations imposed by the review and Dated: April 15, 2021. funding cycle. National Institutes of Health David W. Freeman, Name of Committee: Center for Scientific Center for Scientific Review; Notice of Review Special Emphasis Panel; RFA Panel: Program Analyst, Office of Federal Advisory Tobacco Regulatory Science A (or B). Committee Policy. Closed Meeting Date: May 26, 2021. [FR Doc. 2021–08093 Filed 4–19–21; 8:45 am] Pursuant to section 10(d) of the Time: 11:00 a.m. to 4:00 p.m. BILLING CODE 4140–01–P Agenda: To review and evaluate grant Federal Advisory Committee Act, as applications. amended, notice is hereby given of the Place: National Institutes of Health, DEPARTMENT OF HEALTH AND following meeting. Rockledge II, 6701 Rockledge Drive, HUMAN SERVICES The meeting will be closed to the Bethesda, MD 20892 (Virtual Meeting). public in accordance with the Contact Person: Sepandarmaz Aschrafi, National Institutes of Health provisions set forth in sections Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Center for Advancing as amended. The grant applications and Health, 6701 Rockledge Drive, Room 4040D, Translational Sciences; Notice of Bethesda, MD 20892, (301) 451.4251, the discussions could disclose [email protected]. Closed Meeting confidential trade secrets or commercial Name of Committee: Integrative, Pursuant to section 10(d) of the property such as patentable material, Functional and Cognitive Neuroscience Federal Advisory Committee Act, as and personal information concerning Integrated Review Group; Neurotoxicology amended, notice is hereby given of the individuals associated with the grant and Alcohol Study Section. following meeting. applications, the disclosure of which Date: June 3–4, 2021. The meeting will be closed to the would constitute a clearly unwarranted Time: 10:00 a.m. to 5:00 p.m. invasion of personal privacy. Agenda: To review and evaluate grant public in accordance with the applications. provisions set forth in sections Name of Committee: Center for Scientific Place: National Institutes of Health, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Review Special Emphasis Panel Fellowship: Rockledge II, 6701 Rockledge Drive, as amended. The contract proposals and Immuno-Oncology. Bethesda, MD 20892 (Virtual Meeting). the discussions could disclose Date: April 22, 2021. Contact Person: Sepandarmaz Aschrafi, confidential trade secrets or commercial Time: 1:00 p.m. to 3:00 p.m. Ph.D., Scientific Review Officer, Center for property such as patentable material, Agenda: To review and evaluate grant Scientific Review, National Institutes of applications. and personal information concerning Place: National Institutes of Health, Health, 6701 Rockledge Drive, Room 4040D, individuals associated with the contract Bethesda, MD 20892, (301) 451.4251, Rockledge II, 6701 Rockledge Drive, [email protected]. proposals, the disclosure of which Bethesda, MD 20892 (Telephone Conference would constitute a clearly unwarranted Name of Committee: Integrative, Call). Functional and Cognitive Neuroscience invasion of personal privacy. Contact Person: Ola Mae Zack Howard, Integrated Review Group; Neuroscience of Name of Committee: National Center for Ph.D., Scientific Review Officer, Center for Basic Visual Processes Study Section. Advancing Translational Sciences Special Scientific Review, National Institutes of Date: June 9, 2021. Emphasis Panel; SBIR Topic 019. Health, 6701 Rockledge Drive, Room 4192, Time: 9:00 a.m. to 7:00 p.m. Date: May 11, 2021. MSC 7806, Bethesda, MD 20892, 301–451– Agenda: To review and evaluate grant Time: 1:00 p.m. to 4:00 p.m. 4467, [email protected]. applications. Agenda: To review and evaluate contract This notice is being published less than 15 Place: National Institutes of Health, proposals. days prior to the meeting due to the timing Rockledge II, 6701 Rockledge Drive, Place: National Center for Advancing limitations imposed by the review and Bethesda, MD 20892 (Virtual Meeting). Translational Sciences, National Institutes of funding cycle. Contact Person: Kirk Thompson, Ph.D., Health, 6701 Democracy Boulevard; Room (Catalogue of Federal Domestic Assistance Scientific Review Officer, Center for 1078, Bethesda, MD 20892 (Telephone Program Nos. 93.306, Comparative Medicine; Scientific Review, National Institutes of Conference Call). 93.333, Clinical Research, 93.306, 93.333, Health, 6701 Rockledge Drive, Room 5184, Contact Person: Rahat (Rani) Khan, Ph.D., 93.337, 93.393–93.396, 93.837–93.844, MSC 7844, Bethesda, MD 20892, 301–435– Scientific Review Officer, Office of Scientific 93.846–93.878, 93.892, 93.893, National 1242, [email protected]. Review, National Center for Advancing Institutes of Health, HHS)

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Dated: April 15, 2021. DEPARTMENT OF HEALTH AND The meeting will be closed to the David W. Freeman, HUMAN SERVICES public in accordance with the Program Analyst, Office of Federal Advisory provisions set forth in sections Committee Policy. National Institutes of Health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., [FR Doc. 2021–08092 Filed 4–19–21; 8:45 am] as amended. The grant applications and Center for Scientific Review; Notice of the discussions could disclose BILLING CODE 4140–01–P Closed Meeting confidential trade secrets or commercial Pursuant to section 10(d) of the property such as patentable material, DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as and personal information concerning HUMAN SERVICES amended, notice is hereby given of the individuals associated with the grant following meeting. applications, the disclosure of which National Institutes of Health The meeting will be closed to the would constitute a clearly unwarranted public in accordance with the invasion of personal privacy. National Center for Advancing provisions set forth in sections Name of Committee: National Institute of Translational Sciences; Notice of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., General Medical Sciences Special Emphasis Closed Meeting as amended. The grant applications and Panel; Review of COBRE I Applications. the discussions could disclose Date: June 24–25, 2021. Pursuant to section 10(d) of the confidential trade secrets or commercial Time: 10:00 a.m. to 5:00 p.m. Agenda: To review and evaluate grant Federal Advisory Committee Act, as property such as patentable material, and personal information concerning applications. amended, notice is hereby given of the Place: National Institutes of Health, following meeting. individuals associated with the grant Natcher Building, 45 Center Drive, Bethesda, applications, the disclosure of which The meeting will be closed to the MD 20892 (Video Meeting). would constitute a clearly unwarranted public in accordance with the Contact Person: Ruth Grossman, Ph.D., invasion of personal privacy. Scientific Review Officer, Office of Scientific provisions set forth in sections Review, National Institute of General Medical 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: Center for Scientific Review Special Emphasis Panel; Sciences, National Institutes of Health, 45 as amended. The grant applications and Biostatistical Methods and Research Design: Center Drive, Room 3AN18, Bethesda, MD the discussions could disclose Additional Applications. 20892, (301) 435–2409, grossmanrs@ confidential trade secrets or commercial Date: April 27, 2021. mail.nih.gov. property such as patentable material, Time: 1:30 p.m. to 2:30 p.m. (Catalogue of Federal Domestic Assistance and personal information concerning Agenda: To review and evaluate grant Program Nos. 93.375, Minority Biomedical individuals associated with the grant applications. Research Support; 93.821, Cell Biology and Place: National Institutes of Health, Biophysics Research; 93.859, Pharmacology, applications, the disclosure of which Rockledge II, 6701 Rockledge Drive, Physiology, and Biological Chemistry would constitute a clearly unwarranted Bethesda, MD 20892 (Virtual Meeting). Research; 93.862, Genetics and invasion of personal privacy. Contact Person: Victoriya Volkova, Ph.D., Developmental Biology Research; 93.88, DVM, Scientific Review Officer, Center for Minority Access to Research Careers; 93.96, Name of Committee: National Center for Scientific Review, National Institutes of Special Minority Initiatives; 93.859, Advancing Translational Sciences Special Health, 6701 Rockledge Drive, Bethesda, MD Biomedical Research and Research Training, Emphasis Panel; NTU. 20817, (301) 594–7781, volkovav2@ National Institutes of Health, HHS) Date: May 10, 2021. csr.nih.gov. Dated: April 15, 2021. Time: 8:00 a.m. to 4:30 p.m. This notice is being published less than 15 Agenda: To review and evaluate grant days prior to the meeting due to the timing Miguelina Perez, applications. limitations imposed by the review and Program Analyst, Office of Federal Advisory Place: National Center for Advancing funding cycle. Committee Policy. Translational Sciences, National Institutes of (Catalogue of Federal Domestic Assistance [FR Doc. 2021–08082 Filed 4–19–21; 8:45 am] Health, 6701 Democracy Boulevard, Room Program Nos. 93.306, Comparative Medicine; BILLING CODE 4140–01–P 1000, Bethesda, MD 20892 (Virtual Meeting). 93.333, Clinical Research, 93.306, 93.333, Contact Person: Alumit Ishai, Ph.D., 93.337, 93.393–93.396, 93.837–93.844, 93.846–93.878, 93.892, 93.893, National Scientific Review Officer, Office of Grants DEPARTMENT OF HEALTH AND Institutes of Health, HHS) Management and Scientific Review, National HUMAN SERVICES Center for Advancing Translational Sciences, Dated: April 15, 2021. National Institutes of Health, 6701 David W. Freeman, National Institutes of Health Democracy Boulevard, Suite 1000, Bethesda, Program Analyst, Office of Federal Advisory National Institute of General Medical MD 20892, 301–827–5819, alumit.ishai@ Committee Policy. Sciences; Notice of Closed Meetings nih.gov. [FR Doc. 2021–08090 Filed 4–19–21; 8:45 am] (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–P Pursuant to section 10(d) of the Program Nos. 93.859, Pharmacology, Federal Advisory Committee Act, as Physiology, and Biological Chemistry amended, notice is hereby given of the Research; 93.350, B—Cooperative DEPARTMENT OF HEALTH AND following meetings. Agreements; 93.859, Biomedical Research HUMAN SERVICES The meetings will be closed to the and Research Training, National Institutes of public in accordance with the Health, HHS) National Institutes of Health provisions set forth in sections Dated: April 15, 2021. National Institute of General Medical 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Sciences; Notice of Closed Meeting as amended. The grant applications and David W. Freeman, the discussions could disclose Program Analyst, Office of Federal Advisory Pursuant to section 10(d) of the confidential trade secrets or commercial Committee Policy. Federal Advisory Committee Act, as property such as patentable material, [FR Doc. 2021–08094 Filed 4–19–21; 8:45 am] amended, notice is hereby given of the and personal information concerning BILLING CODE 4140–01–P following meeting. individuals associated with the grant

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applications, the disclosure of which SUMMARY: This notice amends the notice (Presidentially Declared Disasters); 97.039, would constitute a clearly unwarranted of a major disaster for the La Jolla Band Hazard Mitigation Grant. invasion of personal privacy. of Luisen˜ o Indians (FEMA–4422–DR), Robert J. Fenton, Name of Committee: National Institute of dated March 26, 2019, and related Senior Official Performing the Duties of the General Medical Sciences Special Emphasis determinations. Administrator, Federal Emergency Panel; Review of NIGMS Score Applications. Management Agency. DATES: This amendment was issued Date: June 17, 2021. [FR Doc. 2021–08067 Filed 4–19–21; 8:45 am] Time: 10:00 a.m. to 5:00 p.m. March 3, 2021. Agenda: To review and evaluate grant BILLING CODE 9111–23–P FOR FURTHER INFORMATION CONTACT: applications. Place: National Institutes of Health, Dean Webster, Office of Response and Natcher Building, 45 Center Drive, Bethesda, Recovery, Federal Emergency DEPARTMENT OF HOMELAND MD 20892 (Video Meeting). Management Agency, 500 C Street SW, SECURITY Contact Person: Brian R. Pike, Ph.D., Washington, DC 20472, (202) 646–2833. Scientific Review Officer, Office of Scientific Federal Emergency Management Review, National Institute of General Medical SUPPLEMENTARY INFORMATION: Notice is Agency Sciences, National Institutes of Health, 45 hereby given that, in a letter dated [Internal Agency Docket No. FEMA–4423– Center Drive, Room 3AN18, Bethesda, MD March 3, 2021, the President amended DR; Docket ID FEMA–2021–0001] 20892, 301–594–3907, [email protected]. the cost-sharing arrangements regarding Name of Committee: National Institute of Federal funds provided under the Cahuilla Band of Indians; Amendment General Medical Sciences Special Emphasis authority of the Robert T. Stafford No. 2 to Notice of a Major Disaster Panel; Review of MOSAIC K99/R00 Disaster Relief and Emergency Declaration Applications. Assistance Act, 42 U.S.C. 5121 et seq. Date: July 20, 2021. (the ‘‘Stafford Act’’), in a letter to Robert AGENCY: Federal Emergency Time: 10:00 a.m. to 5:00 p.m. J. Fenton, Senior Official Performing the Management Agency, DHS. Agenda: To review and evaluate grant Duties of the Administrator, Federal applications. ACTION: Notice. Place: National Institutes of Health, Emergency Management Agency, Natcher Building, 45 Center Drive, Bethesda, Department of Homeland Security, SUMMARY: This notice amends the notice MD 20892 (Video Meeting). under Executive Order 12148, as of a major disaster for the Cahuilla Band Contact Person: Isaah S. Vincent, Ph.D., follows: of Indians (FEMA–4423–DR), dated March 28, 2019, and related Scientific Review Officer, Office of Scientific I have determined that the damage to the Review, National Institute of General Medical lands associated with the La Jolla Band of determinations. Sciences, National Institutes of Health, 45 Luisen˜ o Indians resulting from severe storms, DATES: This amendment was issued Center Drive, Room 3AN12L, Bethesda, MD flooding, landslides, and mudslides during 20892, 301–594–2948, isaah.vincent@ March 3, 2021. the period of February 14 to February 15, nih.gov. FOR FURTHER INFORMATION CONTACT: 2019, is of sufficient severity and magnitude (Catalogue of Federal Domestic Assistance that special cost sharing arrangements are Dean Webster, Office of Response and Program Nos. 93.375, Minority Biomedical warranted regarding federal funds provided Recovery, Federal Emergency Research Support; 93.821, Cell Biology and under the Robert T. Stafford Disaster Relief Management Agency, 500 C Street SW, Biophysics Research; 93.859, Pharmacology, and Emergency Assistance Act, 42 U.S.C. Washington, DC 20472, (202) 646–2833. Physiology, and Biological Chemistry 5121 et seq. (the ‘‘Stafford Act’’). SUPPLEMENTARY INFORMATION: Notice is Research; 93.862, Genetics and Therefore, I amend the declaration of Developmental Biology Research; 93.88, hereby given that, in a letter dated March 26, 2019, to authorize Federal funds March 3, 2021, the President amended Minority Access to Research Careers; 93.96, for all categories of Public Assistance at 90 Special Minority Initiatives; 93.859, percent of total eligible costs. the cost-sharing arrangements regarding Biomedical Research and Research Training, This adjustment to the cost sharing applies Federal funds provided under the National Institutes of Health, HHS) only to Public Assistance costs and direct authority of the Robert T. Stafford Dated: April 15, 2021. Federal assistance eligible for such Disaster Relief and Emergency Miguelina Perez, adjustments under the law. The Robert T. Assistance Act, 42 U.S.C. 5121 et seq. Stafford Disaster Relief and Emergency (the ‘‘Stafford Act’’), in a letter to Robert Program Analyst, Office of Federal Advisory Assistance Act specifically prohibits a Committee Policy. J. Fenton, Senior Official Performing the similar adjustment for funds provided for the Duties of the Administrator, Federal [FR Doc. 2021–08084 Filed 4–19–21; 8:45 am] Hazard Mitigation Grant Program (Section Emergency Management Agency, BILLING CODE 4140–01–P 404). These funds will continue to be reimbursed at 75 percent of total eligible Department of Homeland Security, costs. under Executive Order 12148, as follows: DEPARTMENT OF HOMELAND (The following Catalog of Federal Domestic SECURITY Assistance Numbers (CFDA) are to be used I have determined that the damage to the for reporting and drawing funds: 97.030, lands associated with the Cahuilla Band of Federal Emergency Management Community Disaster Loans; 97.031, Cora Indians resulting from severe storms and Agency Brown Fund; 97.032, Crisis Counseling; flooding on February 14, 2019, is of sufficient 97.033, Disaster Legal Services; 97.034, severity and magnitude that special cost [Internal Agency Docket No. FEMA–4422– Disaster Unemployment Assistance (DUA); sharing arrangements are warranted DR; Docket ID FEMA–2021–0001] 97.046, Fire Management Assistance Grant; regarding federal funds provided under the 97.048, Disaster Housing Assistance to Robert T. Stafford Disaster Relief and La Jolla Band of Luisen˜ o Indians; Individuals and Households In Presidentially Emergency Assistance Act, 42 U.S.C. 5121 et Amendment No. 2 to Notice of a Major Declared Disaster Areas; 97.049, seq. (the ‘‘Stafford Act’’). Disaster Declaration Presidentially Declared Disaster Assistance— Therefore, I amend the declaration of Disaster Housing Operations for Individuals March 28, 2019, to authorize Federal funds AGENCY: Federal Emergency and Households; 97.050 Presidentially for all categories of Public Assistance at 90 Management Agency, DHS. Declared Disaster Assistance to Individuals percent of total eligible costs. ACTION: Notice. and Households—Other Needs; 97.036, This adjustment to the cost sharing applies Disaster Grants—Public Assistance only to Public Assistance costs and direct

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Federal assistance eligible for such website at: https://www.fema.gov/ firefighter health and safety research adjustments under the law. The Robert T. grants/preparedness/firefighters, and development. FP&S Grant Program Stafford Disaster Relief and Emergency www.grants.gov, and the U.S. Fire grants are offered to support projects in Assistance Act specifically prohibits a Administration website at two activities: similar adjustment for funds provided for the 1. FP&S Activity: Activities designed Hazard Mitigation Grant Program (Section www.usfa.fema.gov. 404). These funds will continue to be DATES: Grant applications for the FP&S to reach high-risk target groups and reimbursed at 75 percent of total eligible Grant Program were accepted mitigate the incidence of death, injuries, costs. electronically at https://go.fema.gov and property damage caused by fire and (The following Catalog of Federal Domestic from January 25, 2021, at 8:00 a.m. ET fire-related hazards. Assistance Numbers (CFDA) are to be used through February 26, 2021, at 5:00 p.m. 2. Research and Development (R&D) for reporting and drawing funds: 97.030, ET. Activity: Projects aimed at improving Community Disaster Loans; 97.031, Cora firefighter safety, health, or wellness ADDRESSES: Assistance to Firefighters Brown Fund; 97.032, Crisis Counseling; through research and development that Grants Program Branch, DHS/FEMA, 97.033, Disaster Legal Services; 97.034, reduce firefighter fatalities and injuries. Disaster Unemployment Assistance (DUA); 400 C Street SW 3N, Washington, DC FEMA awards grants on a competitive 97.046, Fire Management Assistance Grant; 20472–3635. basis to applicants that best address the 97.048, Disaster Housing Assistance to FOR FURTHER INFORMATION CONTACT: FP&S Grant Program’s priorities and Individuals and Households In Presidentially Catherine Patterson, Chief, Assistance to Declared Disaster Areas; 97.049, provide the most compelling Firefighters Grants Program Branch, justification. A panel of reviewers Presidentially Declared Disaster Assistance— (866) 274–0960. Disaster Housing Operations for Individuals evaluates each project in accordance and Households; 97.050 Presidentially SUPPLEMENTARY INFORMATION: The with the evaluation criteria. The highest Declared Disaster Assistance to Individuals purpose of the FP&S Grant Program is rated projects are recommended for and Households—Other Needs; 97.036, to enhance the safety of the public and funding. Disaster Grants—Public Assistance firefighters by assisting fire prevention (Presidentially Declared Disasters); 97.039, programs and supporting firefighter Award Criteria Hazard Mitigation Grant. health and safety research and All applications for grants will be Robert J. Fenton, development. The FEMA Grant prepared and submitted through the Senior Official Performing the Duties of the Programs Directorate administers the FEMA Grants Outcomes (FEMA GO) Administrator, Federal Emergency FP&S Grant Program as part of the system (https://go.fema.gov). Management Agency. AFGP. Applications submitted under the [FR Doc. 2021–08064 Filed 4–19–21; 8:45 am] The FP&S Grant Program’s FP&S Activity will be reviewed by a BILLING CODE 9111–23–P authorizing statute requires that FEMA panel of fire service members using the publish the guidelines that describe the following criteria: application process and the criteria for • Financial Need DEPARTMENT OF HOMELAND grant awards in the Federal Register • Commitment to Mitigation SECURITY each year. Specific information about • Vulnerability Statement the submission of grant applications can • Project Description Federal Emergency Management be found in the FY 2020 FP&S Grant • Implementation Plan Agency Program Notice of Funding Opportunity • Evaluation Plan (NOFO), which is available for • [Docket ID FEMA–2021–0015; Internal Cost vs. Benefit Agency Docket No. DHS–20–GPD–044–00– download at https://www.fema.gov/ Applications submitted under the 97] grants/preparedness/firefighters. R&D Activity will be reviewed first by Congressional Appropriations a panel of fire service members to Assistance to Firefighters Grant identify those applications most Program; Fire Prevention and Safety Congress appropriated $355 million relevant to the fire service. The Grants for AFG Program in FY 2020 pursuant following evaluation criteria will be to the Department of Homeland Security used for this review: AGENCY: Federal Emergency Appropriations Act, 2020, Public Law • Management Agency, DHS. 116–93. From this amount, $35.5 Purpose • Potential Impact ACTION: Notice. million will be made available for FP&S • Implementation by the Fire Service Grant Program awards, pursuant to 15 • SUMMARY: This Notice provides Barriers U.S.C. 2229(h)(5), which states that not • Partners guidelines that describe the application less than 10 percent of available grant process for Fire Prevention and Safety funds each year are awarded under the The applications that are determined (FP&S) Grant Program grants and the FP&S Grant Program. Funds most likely to enable improvement in criteria the Federal Emergency appropriated for all FY 2020 AFG firefighter safety, health, or wellness Management Agency (FEMA) will use to Program awards, pursuant to Public Law will be deemed to be in the award these grants for Fiscal Year (FY) 116–93, will be available for obligation ‘‘competitive range’’ and forwarded to 2020. It explains the differences, if any, and award until Sept. 30, 2021. the second level of application review, between these guidelines and those FEMA anticipates that it will receive which is the science panel review recommended by representatives of the approximately 670 applications and process. This panel will be composed of Nation’s fire service leadership during may award approximately 100 FP&S scientists and technology experts who the annual Criteria Development Grant Program grants. have expertise pertaining to the subject meeting, which was held December 11, matter of the proposal. 2019. The application period for the FY Background of the FP&S Grant Program The Science Panel for the R&D 2020 FP&S Grant Program was January The purpose of the FP&S Grant Activity will review the application and 25, 2021, through February 26, 2021, Program is to enhance the safety of the evaluate it using the following criteria: and was announced on the Assistance to public and firefighters by assisting fire • Project Goals, Objectives, and Specific Firefighters Grants Program (AFGP) prevention programs and supporting Aims

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• Literature Review 2229(k)(1) and in accordance with 2 website: https://www.fema.gov/media- • Project Methods CFR 200.101(b)(1), but they are not library-data/1519836401291- • Project Measurements required to have the cost share at the 5ab3e7fc3eaea15bea8a68b5638e892d/ • Project Analysis time of application nor are they required Eco_Hardship_Waiver_FPS_SAFER_ • Dissemination and Implementation to have it at the time of award. However, AFG_IB_FINAL.pdf. Per 15 U.S.C. • Cost vs. Benefit (additional before a grant is awarded, FEMA may 2229(k)(4)(C), FP&S Grant Program consideration) contact potential awardees to determine • nonprofit organization grant recipients Financial Need (additional whether the grant recipient has the that are not fire departments or consideration) funding in hand or whether the grant • emergency medical services Mentoring (additional consideration recipient has a viable plan to obtain the organizations are not eligible to receive for Early Career Investigator Projects funding necessary to fulfill the cost- a waiver of their cost-share for economic only) share requirement. hardship requirements. In general, an eligible applicant Eligible Applicants seeking an FP&S Grant Program grant to System for Award Management (SAM) Under the FY 2020 FP&S Grant carry out an activity shall agree to make Per 2 CFR 25.200, all grant applicants Program, eligible applicants are limited available non-Federal funds to carry out and recipients are required to register at to those entities described below within such activity in an amount equal to, and https://SAM.gov, which is available free each activity: not less than, five percent of the grant of charge. FEMA requires active SAM 1. FP&S Activity: Eligible applicants awarded. Cash match and in-kind registration at the time of application in for this activity included fire matches are both allowable in the FP&S FEMA GO, and will not process any departments and national, regional, Grant Program. Cash (hard) matches awards, consider any payment or state, local, tribal, and nonprofit interest include non-Federal cash spent for amendment requests, or consider any organizations that are recognized for project-related costs. In-kind (soft) amendment unless the applicant or their experience and expertise in fire matches include, but are not limited to, grant recipient has complied with the prevention and safety programs and the valuation of in-kind services; requirements to provide a valid Dun & activities. Both private and public non- complementary activities; and provision Bradstreet (DUNS) database number and profit organizations are eligible to apply of staff, facilities, services, material, or an active SAM registration with current for funding in this activity. For-profit equipment. In-kind is the value of information. The banking information, organizations, Federal agencies, and something received or provided that employer identification number (EIN), individuals are not eligible to receive an does not have a cost associated with it. organization/entity name, address, and FP&S Grant Program award under the For example, where an in-kind match DUNS number provided in SAM will be FP&S Activity. (other than cash payments) is permitted, automatically transferred to the 2. R&D Activity: Eligible applicants then the value of donated services could application after the entity registers in for this activity include national, state, be used to comply with the match FEMA GO at https://go.fema.gov. local, federally-recognized tribal, and requirement. Also, third party in-kind nonprofit organizations, such as contributions may count toward Application Process academic (e.g., universities), public satisfying match requirements provided Applicants (identified by the Unique health, occupational health, and injury the grant recipient receiving the Entity Identifier) may apply for funding prevention institutions. Both private contributions expends them as under both eligible activities (FP&S and and public non-profit organizations are allowable costs in compliance with R&D) but must complete separate eligible to apply for funding in this provisions listed above. applications for each eligible activity. activity. Grant recipients under this program Each application may include up to The aforementioned entities are must also agree to a maintenance of three projects under that activity. encouraged to apply, especially those effort requirement per 15 U.S.C. Applicants are limited to one that are recognized for their experience 2229(k)(3) (referred to as a application per activity, per application and expertise in firefighter safety, ‘‘maintenance of expenditure’’ period. Any applicant that submits more health, and wellness research and requirement in that statute). Per this than one application per eligible activity development activities. Fire requirement, a grant recipient shall may have all applications deemed departments are not eligible to apply for agree to maintain during the term of the ineligible. funding in the R&D Activity. grant, the grant recipient’s aggregate Under the FP&S Activity, applicants Additionally, for-profit organizations, expenditures relating to the activities could apply under the following Federal agencies, and individuals are allowable under the FP&S Grant categories: not eligible to receive a grant award Program NOFO at not less than 80 • percent of the average amount of such Community Risk Reduction under the R&D Activity. • Wildfire Risk Reduction expenditures in the two fiscal years • Funding Limitations preceding the fiscal year in which the Fire & Arson Investigation • Code Enforcement/Awareness Awards are limited to a maximum grant amounts are received. • National/State/Regional Programs and Federal share of $1.5 million regardless In cases of demonstrated economic Projects of applicant type, in accordance with 15 hardship and upon the request of the U.S.C. 2229(d)(2). R&D Activity grant recipient, the FEMA Under the R&D Activity, applicants applicants that applied under the Early Administrator may waive or reduce a could apply under the following Career Investigator category are limited certain grant recipient’s cost share or categories: to a maximum Federal share of $75,000 maintenance of expenditure • Clinical Studies per project year. requirements, or both (15 U.S.C. • Technology and Product Development 2229(k)(4)(A)). As required by 15 U.S.C. • Database System Development Cost Sharing 2229(k)(4)(B), the Administrator • Dissemination and Implementation Grant recipients must share in the established guidelines for determining Research costs of the projects funded under this what constitutes economic hardship and • Preliminary Studies grant program as required by 15 U.S.C. published these guidelines at FEMA’s • Early Career Investigator

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Prior to the start of the FY 2020 FP&S protect lives, property, and natural major fire service organizations Grant Program application period, resources from fire in the Wildland represented on the panel: FEMA provided applicants with Urban Interface (WUI) (not forestry), • Congressional Fire Services Institute technical assistance tools available at including Community Wildfire (CFSI) the AFGP website https:// Protection Plans (CWPP) or programs • International Association of Arson www.fema.gov/grants/preparedness/ supporting fire adapted community Investigators (IAAI) firefighters and other online information initiatives. • International Association of Fire to help them prepare quality grant • Code Enforcement/Awareness— Chiefs (IAFC) applications. AFGP also staffs a These are projects that focus on first • International Association of Fire Helpdesk throughout the application time or reinstatement of code adoption Fighters (IAFF) period to assist applicants with and code enforcement, including WUI • International Society of Fire Service navigation through the automated codes for communities with a WUI- Instructors (ISFSI) application as well as assistance with wildfire risk. • National Association of State Fire related questions. The AFGP Helpdesk • Fire & Arson Investigation—These Marshals (NASFM) can be reached year-round through a are projects that aim to aggressively • National Fire Protection Association toll-free telephone number (866–274– investigate every fire. (NFPA) 0960) or email [email protected]. • National/State/Regional Programs • National Volunteer Fire Council Applicants could access the and Projects—These are projects that (NVFC) application electronically at https:// focus on residential fire issues and/or • North American Fire Training go.fema.gov. The application was also firefighter safety and wellness. Directors (NAFTD) accessible from the Grants.gov website: Under the R&D Activity, in order to The FY 2020 Criteria Development http://www.grants.gov. New applicants identify and address the most important Panel meeting occurred Dec. 11, 2019. were required to register and establish a elements of firefighter safety, FEMA The content of the FY 2020 FP&S Grant username and password electronically looked to the fire service for its input Program NOFO reflects the at https://go.fema.gov for secure access and recommendations. In June 2005, the implementation of the Criteria to their application. The FEMA GO National Fallen Firefighters’ Foundation Development Panel’s recommendations Helpdesk was available to assist (NFFF) hosted a working group to with respect to the priorities, direction, applicants with technical issues and facilitate the development of an agenda and criteria for awards. All of the could be reached at (877) 585–3242 or for the Nation’s fire service, and in funding priorities for the FY 2020 FP&S by email at [email protected]. The particular for firefighter safety. In Grant Program are designed to address FEMA GO Helpdesk is open Monday November 2015, the NFFF hosted its the following: through Friday, 8 a.m.–6 p.m. ET. third working group to update the • In completing an application under First responder safety agenda with current priorities. A copy • the FY 2020 FP&S Grant Program, Enhancing national capabilities of the research agenda is available on • applicants must provide relevant Risk the NFFF website at http:// • information on their organization’s Interoperability www.everyonegoeshome.com/resources/ characteristics and existing capabilities. research-symposium-reports/. Changes for FY 2020 Those applicants are asked to answer All proposed projects, regardless of questions about their grant request that The following changes were made whether they have been identified by reflect the funding priorities, described between the FY 2019 and the FY 2020 the working group, will be evaluated on below. In addition, applicants are FP&S Grant Program NOFO: their relevance to firefighter health and • required to complete narratives for each Under section E—Application safety, and scientific rigor. Review Information: project requested. Æ The following are the funding The electronic application process Fire Department applicants that can priorities for each category under the permits the applicant to enter and save demonstrate their commitment and FP&S Activity: the application data. The system does proactive posture to reducing fire risk • Community Risk Reduction—Under not permit the submission of incomplete will receive higher consideration. • the Community Risk Reduction category applications. Except for the narrative Under sections D—Application and there are three funding priorities: textboxes, the application uses a ‘‘point- Submission Information, E— Æ Priority will be given to programs and-click’’ selection process or requires Application Review Information, F— that target a specific high-risk the entry of data (e.g., name and Federal Award Administration population to conduct both door-to-door address). Applicants are encouraged to Information, G—DHS Awarding Agency smoke alarm installations and provide read the FP&S Grant Program NOFO for Contact and Resource Information, and home safety inspections, as part of a more details. H—Additional Information: Æ Various grants management comprehensive home fire safety Criteria Development Process campaign. changes due to recent OMB revisions to Æ Priority will be given to programs Each year, FEMA convenes a panel of 2 CFR, particularly regarding SAM that include sprinkler awareness that fire service professionals to develop the registration, performance measures, affect the entire community, such as funding priorities and other procurement, closeout, and termination. educating the public about sprinklers, implementation criteria for the FP&S • Under section E—Application promoting sprinklers, and Grant Program. The Criteria Review Information: demonstrating working models of Development Panel is composed of Æ New Research Terms and sprinklers. representatives from nine major fire Conditions added. Æ Priority will be given to programs service organizations that are charged • Under Supporting Definitions: to conduct community-appropriate with making recommendations to FEMA Æ Definitions added for Authority comprehensive risk assessments and regarding the creation of new funding Having Jurisdiction, Career Fire risk reduction planning. priorities, the modification of existing Department, Combination Fire • Wildfire Risk Reduction—These are funding priorities, and the development Department, Human Subject, Interest education and awareness programs that of criteria for awarding grants. The nine Organizations, Primary First Due,

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Research, and Volunteer Fire by a panel of fire service experts to provided details on the need for Department. assess the need for the research results financial assistance to carry out the • Under National/State/Regional and the likelihood that the results proposed project(s). Included in the Programs and Projects: would be implemented by the fire description might be other unsuccessful Æ Added guidance regarding human service in the United States. attempts to acquire financial assistance subjects. Applications that are deemed likely to or specific details of the applicant’s • Under Regional Projects: be implemented to enable improvement operational budget. Æ Added guidance regarding regional in firefighter safety, health, or wellness • Commitment to Mitigation (Fire projects. will be deemed to be in the Departments only–5 percent): Fire • Under Environmental Planning and ‘‘competitive range’’ and will be Department applicants that can Historic Preservation (EHP): forwarded to the second level of project demonstrate their commitment and Æ Added updated process for EHP. review, which is the science review proactive posture to reducing fire risk • Under Ineligible Costs and Items for panel process. This panel will be will receive higher consideration. FP&S Activity: composed of scientists and technology Applicants must explain their code Æ Intruder alerting systems and experts who have expertise pertaining to adoption and enforcement (to include deployment notification systems were the subject matter of the proposal. WUI and commercial/residential added as ineligible. Science panel reviewers will sprinkler code adoption and • Under Award Administration independently score applications in the enforcement) and mitigation strategies Information (Appendix C): competitive range and, if necessary, (including whether or not the Æ Added updated process for discuss the merits or shortcomings of jurisdiction has a FEMA-approved Economic Hardship Waiver. the project in order to reconcile any mitigation strategy). Applicants can also Æ Added list of supporting major discrepancies identified by the demonstrate their commitment to documentation for advance and reviewers. A consensus is not required. reducing fire risk by applying to reimbursement payment requests. implement fire mitigation strategies Technical Evaluation Process (code adoption and enforcement) via the Application Review Process and The highest ranked projects from both application. Considerations Activities will be deemed in the • Vulnerability Statement (Fire The FP&S Grant Program’s fundable range. Applications that are in Departments–15 percent, Interest authorizing statute requires that each the fundable range will undergo a Organizations–25 percent): The year FEMA publish in the Federal Technical Review by the FEMA Program assessment of fire risk is essential in the Register a description of the grant Office prior to being recommended for development of an effective project goal, application process and the criteria for award. The FEMA Program Office will as well as meeting FEMA’s goal to grant awards. This information is assess the request with respect to costs, reduce risk by conducting a risk provided below. quantities, feasibility, eligibility, and assessment as a basis for action. FEMA will review and evaluate all recipient responsibility prior to Vulnerability is a ‘‘weak link’’ FP&S Grant Program applications recommending any application for demonstrating high risk behavior, living submitted using the funding priorities award. Additionally, FEMA will review conditions or any type of high risk and evaluation criteria described in this whether the project duplicates other situation. The Vulnerability Statement document, which are based on federally funded research or prevention should include a description of the recommendations from the Criteria activities in order to avoid duplication. steps taken to determine the Development Panel. Once the review process is complete, vulnerability and identify the target each project’s score will be determined audience. The methodology for Peer Review Process and a final ranking of project determination of vulnerability (e.g., how Peer Review Panel Process—FP&S applications will be created. FEMA will the vulnerability was found) should be Activity award grants based on this final ranking. discussed in-depth in the application’s Award announcements will be made on Narrative Statement. All FP&S Activity applications will be a rolling basis until all available grant Æ The specific vulnerability that will evaluated through a peer review funds have been committed. Awards be addressed with the proposed project process. A panel of peer reviewers is will not be made in any specified order. can be established through a formal or composed of fire service representatives FEMA will notify unsuccessful informal risk assessment. FEMA recommended by the Criteria applicants as soon as it is feasible. encourages the use of local statistics, Development Panel. These reviewers rather than national statistics, when will assess each application’s merits Evaluation Criteria for Projects—FP&S discussing the vulnerability. with respect to the detail provided in Activity Æ In a clear, to-the-point statement, the Narrative Statement on the activity, Funding decisions will be informed the applicant should summarize the including the evaluation elements listed by an assessment of how well the vulnerability the project will address, in the Evaluation Criteria identified application addressed the criteria and including who is at risk, what the risks below. The panel will independently considerations listed below. are, where the risks are, and how the score each project within the Applications will be reviewed by the risks can be prevented, reduced, or application, discuss the merits and/or peer reviewers using weighted mitigated. shortcomings of the application, and evaluation criteria to score the project. Æ For the purpose of the FY 2020 document the findings. A consensus is These scores will impact the ranking of FP&S Grant Program NOFO, formal risk not required. a project for funding. assessments consist of the use of The relative weights of the evaluation software programs or recognized expert Peer Review Panel Process—R&D criteria in the determination of the grant analysis that assess risk trends. Activity award is listed below. Æ Informal risk assessments could R&D Activity applications will go • Financial Need (Fire Departments– include an in-house review of available through a two-phase review process. 10 percent, Interest Organizations–0 data (e.g., National Fire Incident First, all applications will be reviewed percent): Applicants must have Reporting System) to determine fire

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loss, burn injuries, or loss of life over a seeking to carry out awareness and application addresses the criteria and period of time and the factors that are educational projects, for example, considerations listed below. All the cause and origin for each should identify how they intend to applications will be reviewed by a fire occurrence, including a lack of adoption determine that there has been an service expert panel using weighted and enforcement of certain codes. increase in knowledge about fire evaluation criteria, and those projects • Project Description (Fire hazards, or measure a change in the deemed to be in the ‘‘competitive range’’ Departments–20 percent, Interest safety behaviors of the audience. will then be reviewed by a science panel Organizations–25 percent): Applicants Applicants should demonstrate how using weighted evaluation criteria to must have described in detail not only they will measure risk at the outset of score the project. Science panel the project components but also how the the project in comparison to how much evaluations will impact the ranking of proposed project addresses the the risk decreased after the project is the project for funding. finished. There are various ways to identified capability gap, due to Fire Service Panel Evaluation Criteria financial need and/or the vulnerabilities measure the knowledge gained about • identified in the vulnerability statement. fire hazards, including the use of Purpose (25 percent): Applicants The following information should be surveys, pre- and post-tests, or should clearly identify the benefits of included: documented observations. Applicants the proposed research project to Æ Project components. are encouraged to attend training on improve firefighter safety, health, or Æ Review of any existing programs or evaluation methods, such as the wellness, and identify specific gaps in models that have been successful. National Fire Academy’s knowledge that will be addressed. • Æ Detailed description of how the ‘‘Demonstrating Your Fire Prevention Implementation by Fire Service (25 proposed project components fill the Program’s Worth.’’ In addition to a percent): Applicants should discuss identified capability gap. detailed evaluation plan as described how the outcomes/products of this Æ If working with Fire Service above, if awarded, grant recipients are research, if successful, are likely to be Partners/Organizations, identify each required to report on specific widely/nationally adopted and accepted partner/organization and the role(s) they performance metrics through by the fire service as changes that will fill in the successful completion of performance reports and at closeout. enhance firefighter safety, health, or the proposed project. • Cost vs. Benefit (Fire Departments– wellness. • • Implementation Plan (Fire 10 percent, Interest Organizations–5 Potential Impact (15 percent): Departments-25 percent, Interest percent): Projects will be evaluated and Applicants should discuss the potential Organizations–30 percent): Projects scored by the Peer Review panelists impact of the research outcome/product should provide details on the based on how well the applicant on firefighter safety by quantifying the implementation plan, discussing the addresses the fire prevention needs of possible reduction in the number of proposed project’s goals and objectives. the department or organization in an fatal or non-fatal injuries, or on the The following information should be economic and efficient manner. The projected wellness by significantly included to support the implementation applicant should show how it will improving the overall health of plan: maximize the level of funding that goes firefighters. • Æ Goals and objectives. directly into the delivery of the project. Barriers (15 percent): The applicant Æ Details regarding the methods and The costs associated with the project should identify and discuss potential specific steps that will be used to also must be reasonable for the target fire service and other barriers to achieve the goals and objectives. audience that will be reached, and a successfully complete the study on Æ Timelines outlining the description should be included of how schedule, including contingencies and chronological project steps (this is the anticipated project benefit(s) strategies to deal with barriers if they critical for determining the likeliness of (quantified if possible) outweighs the materialize. This may include barriers the project’s completion within the cost(s) of the requested item(s). The that could inhibit the proposed fire period of performance). application should provide justification service participation in the study or the Æ Where applicable, examples of for all costs included in the project in adoption of successful results by the fire marketing efforts to promote the project, order to assist the Technical Evaluation service when the project is completed, who will deliver the project (e.g., Panel with their review. or project components most likely to effective partnerships), and the manner D Meeting the needs of people with cause delay in successful completion. • in which materials or deliverables will disabilities (additional consideration): Partners (20 percent): Applicants be distributed. Applicants in the Community Risk should recognize that participation of Æ Requests for props (e.g., tools used Reduction category will receive the fire service as a partner in the in educational or awareness additional consideration if, as part of research, from development to demonstrations), including specific their comprehensive smoke alarm dissemination, is regarded as an goals, measurable results, and details on installation and education program, essential part of all projects. Applicants the frequency for which the prop will be they address the needs of people with should describe the fire service partners utilized as part of the implementation disabilities (e.g., deaf/hard-of-hearing) and contractors that will support the plan. Applicants should include in their community. project to accomplish the objectives of information describing the efforts that D Experience and Expertise the study. The specific roles and will be used to reach the high risk (additional consideration): Applicants contributions of the partners should be audience and/or the number of people that demonstrate their experience and described. Partnerships should be reached through the proposed project ability to conduct fire prevention and formed with national fire-related (examples of props include safety safety activities, and to execute the organizations, in addition to local and trailers, puppets, or costumes). proposed or similar project(s), will regional fire departments. Letters of • Evaluation Plan (Fire Departments– receive additional consideration. support and letters of commitment to 15 percent, Interest Organizations–15 actively participate in the project should percent): Projects should include a plan Evaluation Criteria—R&D Activity be included in the appendix of the for evaluation of effectiveness and Funding decisions will be informed application. Generally, participants of a identify measurable goals. Applicants by an assessment of how well the diverse population, including both

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career and volunteer firefighters, are • Project Analysis (20 percent): The staffing needs (e.g., state assistance expected to facilitate acceptance of applicant should indicate the planned programs, other grant programs, etc.). results nationally. In cases where this is approach for analysis of the data • Mentoring (additional not practical, due to the nature of the obtained from measurements, consideration for Early Career study or other limitations, these questionnaires, or computations. The Investigator Projects only): An important circumstances should be clearly applicant should specify within the part of Early Career Investigator projects explained. plan what will be analyzed, the is the integration of mentoring for the Science Panel Evaluation Criteria statistical methods that will be used, the sequence of steps, and interactions as principal investigator by experienced • Project Goals, Objectives, and appropriate. It should be clear that the researchers in areas appropriate to the Specific Aims (15 percent): Applicants principal investigator and research team research project, including exposure to should address how the purpose, goals, have the expertise to perform the the fire service community as well as objectives, and aims of the proposal will planned analysis and defend the results support for ongoing development of lead to results that will improve in a peer review process. knowledge and skills. Mentoring is firefighter safety, health, or wellness. • Dissemination and Implementation regarded as critical to the research skills Applicants should describe the specific (15 percent): Applicants should indicate development of early career principal goals and objectives for each year of the dissemination plans for scientific investigators. As part of the application project. audiences (such as plans for Appendix, the applicant should identify • Literature Review (10 percent): submissions to specific peer review the mentor(s) who have agreed to Applicants should provide a literature publications) and for firefighter support the applicant and the expected review that is relevant to the project’s audiences (such as websites, magazines, benefit of their interactions with the goals, objectives, and specific aims. The and conferences). Also, assuming researcher. A biographical sketch and citations should be placed in the text of positive results, the applicant should the Narrative Statement, with references letter of support from the mentor(s) are indicate future steps that would support listed at the end of the Narrative encouraged and should be included in Statement (and not in the Appendix) of dissemination and implementation the Appendix materials. throughout the fire service, where the application. The review should be in Other Selection Information sufficient depth to make it clear that the applicable. These steps are likely to be proposed project is necessary, adds to beyond the current study, so those Awards will be made using the results features of the research activity that will an existing body of knowledge, is of peer-reviewed applications as the facilitate future dissemination and different from current and previous primary basis for decisions, regardless studies, and offers a unique implementation should be discussed. All applicants should specify how the of activity. However, there are some contribution. exceptions to strictly using the peer • results of the project, if successful, Project Methods (20 percent): review results. The applicant’s prior Applicants should provide a description might be disseminated and implemented in the fire service to AFG Program, Staffing for Adequate Fire of how the project will be carried out, and Emergency Response (SAFER) including demonstration of the overall improve firefighter safety, health, or Program, and FP&S Grant Program grant scientific and technical rigor and merit wellness. It is expected that successful of the project. This includes the R&D Activity Projects may give rise to management performance will also be operations to accomplish the purpose, future programs including FP&S taken into consideration when making goals and objectives, and the specific Activity Projects. recommendations for award. All final aims of the project. Plans to recruit and • Cost vs. Benefit (additional funding determinations will be made by retain human subjects, where consideration): Cost vs. benefit in this the FEMA Administrator, or the applicable, should be described. Where evaluation element refers to the costs of Administrator’s designee. human subjects are involved in the the grant for the research and Fire departments and other eligible project, the applicant should describe development project as it relates to the applicants that have received funding plans for submission to the Institutional benefits that are projected for under the FP&S Grant Program in Review Board (for further guidance and firefighters who would have improved previous years are eligible to apply for requirements, see the FY 2020 FP&S safety, health, or wellness. Applicants funding in the current year. However, should demonstrate a high benefit for Grant Program NOFO). FEMA may take into account an • the cost incurred and effective Project Measurements (20 percent): applicant’s performance on prior grants Applicants should provide evidence of utilization of Federal funds for research when making funding decisions on the technical rigor and merit of the activities. current applications. project, such as data pertaining to • Financial Need (additional validity, reliability, and sensitivity consideration): In the Applicant Once every application in the (where established) of the facilities, Information section of the application, competitive range has been through the equipment, instruments, standards, and applicants should provide details on the technical evaluation phase, the procedures that will be used to carry out need for Federal financial assistance to applications will be ranked according to the research. The applicant should carry out the proposed project(s). the average score awarded by the panel. discuss the data to be collected to Applicants may include a description of The ranking will be summarized in a evaluate the performance methods, unsuccessful attempts to acquire Technical Report prepared by the AFG technologies, and products proposed to financial assistance. Applicants should Program Office. A Grants Management enhance firefighter safety, health, or provide detail about the organization’s Specialist will contact the applicant to wellness. The applicant should operating budget, including a high-level discuss and/or negotiate the content of demonstrate that the measurement breakdown of the budget; describe the the application and SAM.gov methods and equipment selected for use department’s inability to address are appropriate and sufficient to financial needs without Federal registration before making final award successfully deliver the proposed assistance; and discuss other actions the decisions. project objectives. department has taken to meet their

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Authority: 15 U.S.C. 2229. and (2) increasing homeownership for FY 2021 Grantee allocation Robert J. Fenton Jr., extremely low-income and very low- income families. Section 1337 of the Act Senior Official Performing the Duties of the 29 Nevada ...... 6,754,852 Administrator, Federal Emergency provides for the HTF (and other programs) to be funded with an 30 New Hampshire ...... 3,101,884 Management Agency. 31 New Jersey ...... 24,354,671 [FR Doc. 2021–08089 Filed 4–19–21; 8:45 am] affordable housing set-aside by Fannie 32 New Mexico ...... 3,186,129 Mae and Freddie Mac. The total set- BILLING CODE 9111–78–P 33 New York ...... 73,383,641 aside amount is equal to 4.2 basis points 34 North Carolina ...... 17,493,694 (.042 percent) of Fannie Mae and 35 North Dakota ...... 3,101,884 Freddie Mac’s new mortgage purchases, 36 Ohio ...... 21,186,076 DEPARTMENT OF HOUSING AND 37 Oklahoma ...... 5,251,581 URBAN DEVELOPMENT a portion of which is for the HTF. Section 1338 of the Act directs HUD to 38 Oregon ...... 9,816,938 [Docket No. FR–6262–N–01] establish, through regulation, the 39 Pennsylvania ...... 24,134,348 formula for distribution of amounts 40 Rhode Island ...... 3,101,884 41 South Carolina ...... 7,756,516 Housing Trust Fund Federal Register made available for the HTF. The statute Allocation Notice; Fiscal Year 2021 42 South Dakota ...... 3,101,884 specifies the factors to be used for the 43 Tennessee ...... 9,736,855 AGENCY: Office of the Assistant formula and priority for certain factors. 44 Texas ...... 41,750,738 Secretary for Community Planning and The factors and methodology HUD uses 45 Utah ...... 3,268,898 Development, HUD. to allocate HTF funds among eligible 46 Vermont ...... 3,101,884 47 Virginia ...... 14,340,031 ACTION: Notice of Fiscal Year 2021 grantees are established in the HTF 48 Washington ...... 15,685,029 Funding Awards. regulation. The funding announced for Fiscal Year 2021 through this notice is 49 West Virginia ...... 3,101,884 SUMMARY: The Housing and Economic $692,898,860.92. Appendix A to this 50 Wisconsin ...... 11,159,627 51 Wyoming ...... 3,101,884 Recovery Act of 2008 (HERA) notice provides the names of the 52 Puerto Rico ...... 3,202,552 established the Housing Trust Fund grantees and the amounts of the awards. 53 America Samoa ...... 42,047 (HTF) to be administered by HUD. Principal Deputy Assistant Secretary 54 Guam ...... 340,124 Pursuant to the Federal Housing (PDAS) for the Office of Community Planning 55 Northern Marianas .... 187,243 Enterprises Financial Security and and Development, James A. Jemison, having 56 Virgin Islands ...... 366,645 Soundness Act of 1992 (the Act), as reviewed and approved this document, is amended by HERA, Division A, eligible delegating the authority to electronically sign Total ...... $692,898,860.92 HTF grantees are the 50 states, the this document to submitter, Aaron Santa District of Columbia, the Anna, who is the Federal Register Liaison for [FR Doc. 2021–08022 Filed 4–19–21; 8:45 am] Commonwealth of Puerto Rico, HUD, for purposes of publication in the BILLING CODE 4210–67–P Federal Register. American Samoa, Guam, the Commonwealth of Northern Mariana Aaron Santa Anna, Islands, and the United States Virgin Federal Register Liaison for the Department DEPARTMENT OF THE INTERIOR Islands. In accordance with Section of Housing and Urban Development. 1338(c)(4)(A) of the Act, this notice Geological Survey Appendix A: FY 2021 Housing Trust announces the formula allocation Fund Allocation Amounts [GX21DK20H2S0000; OMB Control Number amount for each eligible HTF grantee. 1028–0114] FOR FURTHER INFORMATION CONTACT: FY 2021 Virginia Sardone, Director, Office of Grantee allocation Agency Information Collection Affordable Housing Programs, Room Activities; National Ground-Water 7164, Department of Housing and Urban 1 Alabama ...... $6,690,654 Monitoring Network Cooperative Development, 451 Seventh Street SW, 2 Alaska ...... 3,101,884 Funding Application Washington, DC 20410–7000; telephone 3 Arizona ...... 11,477,467 4 Arkansas ...... 4,123,109 AGENCY: U.S. Geological Survey, (202) 708–2684. (This is not a toll-free 5 California ...... 126,579,066.92 Interior. number.) A telecommunications device 6 Colorado ...... 10,030,779 ACTION: for hearing- and speech-impaired 7 Connecticut ...... 8,448,637 Notice of information collection; persons (TTY) is available at 800–877– 8 Delaware ...... 3,101,884 request for comment. 8339 (Federal Information Relay 9 District of Columbia ... 3,101,884 SUMMARY: In accordance with the Service). (This is a toll-free number). 10 Florida ...... 35,072,600 Paperwork Reduction Act of 1995, we, SUPPLEMENTARY INFORMATION: Section 11 Georgia ...... 17,459,897 12 Hawaii ...... 3,480,969 the U.S. Geological Survey (USGS) are 1131 of HERA Division A amended the 13 Idaho ...... 3,101,884 proposing to renew an information Act to add a new section 1337 entitled 14 Illinois ...... 30,702,615 collection. ‘‘Affordable Housing Allocations’’ and a 15 Indiana ...... 10,674,428 new section 1338 entitled ‘‘Housing 16 Iowa ...... 4,363,876 DATES: Interested persons are invited to Trust Fund.’’ HUD’s implementing 17 Kansas ...... 4,207,374 submit comments on or before June 21, regulations are codified at 24 CFR part 18 Kentucky ...... 6,716,410 2021. 93. Congress authorized the HTF with 19 Louisiana ...... 8,124,196 ADDRESSES: Send your comments on the stated purpose of: (1) Increasing and 20 Maine ...... 3,101,884 this information collection request (ICR) preserving the supply of rental housing 21 Maryland ...... 9,975,009 by mail to U.S. Geological Survey, 22 Massachusetts ...... 16,987,942 Information Collections Officer, 12201 for extremely low-income families with 23 Michigan ...... 17,158,160 incomes between 0 and 30 percent of Sunrise Valley Drive, MS 159, Reston, 24 Minnesota ...... 9,252,948 _ area median income and very low- 25 Mississippi ...... 4,012,018 VA 20192; or by email to gs-info income families with incomes between 26 Missouri ...... 10,536,095 [email protected]. Please reference 30 and 50 percent of area median 27 Montana ...... 3,101,884 OMB Control Number 1028–0114 in the income, including homeless families, 28 Nebraska ...... 3,101,884 subject line of your comments.

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FOR FURTHER INFORMATION CONTACT: To providers for the NGWMN, the USGS DEPARTMENT OF THE INTERIOR request additional information about will be providing funding through this ICR, contact Daryll Pope by email cooperative agreements to water- Bureau of Indian Affairs at [email protected], or by telephone at resource agencies that collect [212A2100DD/AAKC001030/A0A501010.999 (804) 261–2630. groundwater data. The USGS will be 253G; OMB Control Number 1076–0135] SUPPLEMENTARY INFORMATION: In soliciting applications for funding that accordance with the Paperwork will request information from the Agency Information Collection Reduction Act of 1995, we provide the Agency collecting the data. Elements Activities; Submission to the Office of general public and other Federal will include contact information (phone Management and Budget for Review agencies with an opportunity to number and email address), and a and Approval; Reporting Systems for comment on new, proposed, revised, proposal describing their proposed work Public Law 102–477 Demonstration and continuing collections of in support of the NGWMN. The Project proposal will describe the groundwater information. This helps us assess the AGENCY: networks to be included in the Bureau of Indian Affairs, impact of our information collection Interior. requirements and minimize the public’s NGWMN, the purpose of the networks, ACTION: Notice of information collection; reporting burden. It also helps the and the Principal aquifers that are request for comment. public understand our information monitored. Proposals may include work collection requirements and provide the to become a new data provider to the SUMMARY: In accordance with the requested data in the desired format. NGWMN, support for maintaining Paperwork Reduction Act of 1995, we, We are soliciting comments on the connections to agency databases, and the Bureau of Indian Affairs (BIA) are proposed ICR that is described below. work to enhance NGWMN sites proposing to renew an information We are especially interested in public (updating metadata, well maintenance, collection. comment addressing the following well drilling, and support for DATES: Interested persons are invited to issues: (1) Is the collection necessary to continuous water-level monitoring submit comments on or before May 20, the proper functions of the USGS; (2) equipment). The proposal would require 2021. will this information be processed and estimates of costs to complete the above used in a timely manner; (3) is the tasks and a timeline for planned ADDRESSES: Written comments and estimate of burden accurate; (4) how completion. The proposal will be recommendations for the proposed might the USGS enhance the quality, reviewed by the USGS and the NGWMN information collection should be sent utility, and clarity of the information to Program Board who will make funding within 30 days of publication of this be collected; and (5) how might the recommendations. notice to www.reginfo.gov/public/do/ USGS minimize the burden of this Title of Collection: National Ground- PRAMain. Find this particular collection on the respondents, including Water Monitoring Network Cooperative information collection by selecting through the use of information Funding Application. ‘‘Currently under Review—Open for technology. OMB Control Number: 1028–0114. Public Comments’’ or by using the Comments that you submit in Form Number: None. search function. Please provide a copy response to this notice are a matter of Type of Review: Renewal of a of your comments to the Bureau of public record. We will include or currently approved collection. Indian Affairs, Office of Indian Services, summarize each comment in our request Respondents/Affected Public: Multi- Division of Workforce Development, to OMB to approve this ICR. Before state, state or local water-resources 1001 Indian School Rd. NW, Unit 225D, Albuquerque, New Mexico 87104; or by including your address, phone number, agencies who operate groundwater _ email address, or other personal monitoring networks. email to BIA [email protected]. identifying information in your Total Estimated Number of Annual Please reference OMB Control Number comment, you should be aware that Respondents: 30. 1076–0135 in the subject line of your your entire comment—including your Total Estimated Number of Annual comments. personal identifying information—may Responses: 30. FOR FURTHER INFORMATION CONTACT: To be made publicly available at any time. Estimated Completion Time per request additional information about While you can ask us in your comment Response: 40 hours. this ICR, contact Anthony Riley by to withhold your personal identifying Total Estimated Number of Annual email at [email protected], or by information from public review, we Burden Hours: 1,200 hours. telephone at (505) 563–3745. You may cannot guarantee that we will be able to Respondent’s Obligation: Mandatory also view the ICR at http:// do so. to be considered for funding. www.reginfo.gov/public/do/PRAMain. Abstract: The USGS administers the Frequency of Collection: Annually. SUPPLEMENTARY INFORMATION: In National Ground-Water Monitoring Total Estimated Annual Nonhour accordance with the Paperwork Network which was developed through Burden Cost: None. Reduction Act of 1995, we provide the work with the Federal Advisory An agency may not conduct or general public and other Federal Committee on Water Information sponsor and a person is not required to agencies with an opportunity to (ACWI) and its Subcommittee on respond to a collection of information comment on new, proposed, revised, Ground Water (SOGW). This network is unless it displays a currently valid OMB and continuing collections of required as part of Public Law 111–11, control number. information. This helps us assess the Subtitle F—Secure Water: Section 9507, The authority for this action is the impact of our information collection 42 U.S.C. 10367, ‘‘Water Data Paperwork Reduction Act of 1995 (44 requirements and minimize the public’s Enhancement by United States U.S.C. 3501 et seq). reporting burden. It also helps the Geological Survey.’’ The NGWMN public understand our information consists of an aggregation of wells and Janice Fulford, collection requirements and provide the spring from existing Federal, State, Director, WMA Observing Systems Division. requested data in the desired format. Tribal, and local groundwater [FR Doc. 2021–08020 Filed 4–19–21; 8:45 am] A Federal Register notice with a 60- monitoring networks. To support data BILLING CODE 4338–11–P day public comment period soliciting

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comments on this collection of single, universal report format for use by respond to a collection of information information was published October 21, tribal governments to report on unless it displays a currently valid OMB 2020 (85 FR 67009). No comments were integrated activities and expenditures. control number. received. The DWD shares the information The authority for this action is the As part of our continuing effort to collected from these reports with the Paperwork Reduction Act of 1995 (44 reduce paperwork and respondent Department of Labor and the U.S.C. 3501 et seq.). burdens, we are again soliciting Department of Health and Human Elizabeth K. Appel, comments on the proposed ICR that is Services. described below. We are especially This renewal will be revised to Director, Office of Regulatory Affairs and interested in public comment includes information collected under 25 Collaborative Action—Indian Affairs. addressing the following issues: (1) CFR part 26 to administer the job [FR Doc. 2021–08116 Filed 4–19–21; 8:45 am] Whether or not the collection of placement and training program, BILLING CODE 4337–15–P information is necessary for the proper through Tribes, which provides performance of the functions of the vocational/technical training, related agency, including whether or not the counseling, guidance, and job DEPARTMENT OF THE INTERIOR information will have practical utility; placement services, and limited Bureau of Land Management (2) the accuracy of our estimate of the financial assistance to Indian burden for this collection of individuals who are not less than 18 [L14400000 PN0000 HQ350000 212; OMB information, including the validity of years old and who reside within the Control No. 1004–0004] the methodology and assumptions used; Department of the Interior (DOI) Agency Information Collection (3) ways to enhance the quality, utility, approved service areas. Public Law 102– Activities; Desert Land Entry and clarity of the information to be 477 allows tribes to consolidate into a Application collected; and (4) how might BIA single plan, single budget and single minimize the burden of the collection of report to one office programs they AGENCY: Bureau of Land Management, information on those who are to currently have under contract or grant. Interior. respond, including through the use of The job placement and training program appropriate automated, electronic, ACTION: Notice of Information has been included in these 477 plans. Collection; request for comment. mechanical, or other technological Since Tribes determine which programs collection techniques or other forms of will be included, the plans vary from SUMMARY: In accordance with the information technology, e.g., permitting Tribe to Tribe. Submission of this Paperwork Reduction Act of 1995, the electronic submission of response. information allows DOI, through Tribes, Bureau of Land Management (BLM) Comments that you submit in to administer the job placement and proposes to renew an information response to this notice are a matter of training program, which provides collection. public record. We will include or vocational/technical training, related DATES: Interested persons are invited to summarize each comment in our request counseling, guidance, job placement submit comments on or before June 21, to OMB to approve this ICR. Before services, and limited financial 2021. including your address, phone number, assistance to Indian individuals who are email address, or other personal not less than 18 years old and who ADDRESSES: Send your written identifying information in your reside within DOI-approved service comments on this information comment, you should be aware that areas. collection request (ICR) by mail to your entire comment—including your Title of Collection: Reporting System Darrin King, Information Collection personal identifying information—may for Public Law 102–477 Demonstration Clearance Officer, U.S. Department of be made publicly available at any time. Project. the Interior, Bureau of Land While you can ask us in your comment OMB Control Number: 1076–0135. Management, Attention PRA Office, 440 to withhold your personal identifying Form Number: BIA–8205. W 200 S #500, Salt Lake City, UT 84101; information from public review, we Type of Review: Extension of a or by email to BLM_HQ_PRA_ cannot guarantee that we will be able to currently approved collection. [email protected]. Please reference do so. Respondents/Affected Public: Indian Office of Management and Budget Abstract: The BIA—Indian Services is tribes participating in Public Law 102– (OMB) Control Number 1004–0004 in seeking renewal for the information 477 and individuals. the subject line of your comments. collection Reporting System for Public Total Estimated Number of Annual Please note that due to COVID–19, the Law 102–477 Demonstration Project. Respondents: 258. electronic submission of comments is This information allows the Division of Total Estimated Number of Annual recommended. Workforce Development (DWD), which Responses: 258. FOR FURTHER INFORMATION CONTACT: To reports to the BIA—Indian Services, to Estimated Completion Time per request additional information about document satisfactory compliance with Response: Varies from half an hour to this ICR, contact Susie Greenhalgh by statutory, regulatory, and other six hours. requirements of the various integrated Total Estimated Number of Annual email at [email protected] or by programs. Public Law 102–477 Burden Hours: 1,017. telephone at 202–302–4288. Individuals authorized tribal governments to Respondent’s Obligation: Required to who are hearing or speech impaired integrate federally funded employment, Obtain a Benefit. may call the Federal Relay Service at training, and related services and Frequency of Collection: Once 1–800–877–8339 for TTY assistance. programs into a single, coordinated, annually for the reporting, and once You may also view the ICR at http:// comprehensive service delivery plan. annually for the job placement and www.reginfo.gov/public/do/PRAMain. Funding agencies include the training application. SUPPLEMENTARY INFORMATION: In Department of Labor and the Total Estimated Annual Nonhour accordance with the Paperwork Department of Health and Human Burden Cost: $355. Reduction Act of 1995 (PRA, 44 U.S.C. Services. BIA is statutorily required to An agency may not conduct or 3501 et seq.) and 5 CFR 1320.8(d)(1), all serve as the lead agency and provides a sponsor and a person is not required to information collections require approval

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under the PRA. The BLM may not Type of Review: Extension of a for Public Comments’’ or by using the conduct or sponsor, and you are not currently approved collection. search function. Please provide a copy required to respond to a collection of Respondents/Affected Public: of your comments to Mark Gehlhar, information unless it displays a Individuals who wish to make a desert Office of Surface Mining Reclamation currently valid OMB control number. land entry for agricultural purposes. and Enforcement, 1849 C Street NW, As part of our continuing effort to Total Estimated Number of Annual Room 4556–MIB, Washington, DC reduce paperwork and respondent Respondents: 3. 20240, or by email to mgehlhar@ burdens, we invite the public and other Total Estimated Number of Annual osmre.gov. Please reference OMB Federal agencies to comment on new, Responses: 3. Control Number 1029–0112 in the proposed, revised, and continuing Estimated Completion Time per subject line of your comments. collections of information. This helps us Response: 2 hours. FOR FURTHER INFORMATION CONTACT: To assess the impact of our information Total Estimated Number of Annual request additional information about collection requirements and minimize Burden Hours: 6. this ICR, contact Mark Gehlhar by email the public’s reporting burden. It also Respondent’s Obligation: Required to at [email protected], or by telephone helps the public understand our obtain or retain a benefit. at (202) 208–2716. You may also view information collection requirements and Frequency of Collection: On occasion. the ICR at http://www.reginfo.gov/ provide the requested data in the Total Estimated Annual Nonhour public/do/PRAMain. desired format. Burden Cost: $45. SUPPLEMENTARY INFORMATION: In We are especially interested in public An agency may not conduct or accordance with the Paperwork comment addressing the following: sponsor and, notwithstanding any other Reduction Act of 1995 (PRA; 44 U.S.C. (1) Whether or not the collection of provision of law, a person is not 3501 et seq.) and 5 CFR 1320.8(d)(1), we information is necessary for the proper required to respond to a collection of provide the general public and other performance of the functions of the information unless it displays a Federal agencies with an opportunity to agency, including whether or not the currently valid OMB control number. comment on new, proposed, revised, information will have practical utility; The authority for this action is the and continuing collections of (2) The accuracy of our estimate of the Paperwork Reduction Act of 1995 (44 information. This helps us assess the burden for this collection of U.S.C. 3501 et seq.). impact of our information collection information, including the validity of Darrin A. King, requirements and minimize the public’s the methodology and assumptions used; reporting burden. It also helps the (3) Ways to enhance the quality, Information Collection Clearance Officer. public understand our information utility, and clarity of the information to [FR Doc. 2021–08103 Filed 4–19–21; 8:45 am] collection requirements and provide the be collected; and BILLING CODE 4310–84–P requested data in the desired format. (4) How might the agency minimize A Federal Register notice with a 60- the burden of the collection of day public comment period soliciting information on those who are to DEPARTMENT OF THE INTERIOR comments on this collection of respond, including through the use of Office of Surface Mining Reclamation information was published on January appropriate automated, electronic, 15, 2021 (86 FR 4124). No comments and Enforcement mechanical, or other technological were received. collection techniques or other forms of [S1D1S SS08011000 SX064A000 As part of our continuing effort to information technology, e.g., permitting 211S180110; S2D2S SS08011000 reduce paperwork and respondent electronic submission of response. SX064A000 21XS501520; OMB Control burdens, we are again soliciting Comments that you submit in Number 1029–0112] comments from the public and other response to this notice are a matter of Federal agencies on the proposed ICR Agency Information Collection public record. We will include or that is described below. We are Activities; Requirements for Coal summarize each comment in our request especially interested in public comment to OMB to approve this ICR. Before Exploration addressing the following: including your address, phone number, AGENCY: Office of Surface Mining (1) Whether or not the collection of email address, or other personal Reclamation and Enforcement, Interior. information is necessary for the proper identifying information in your performance of the functions of the ACTION: Notice of Information comment, you should be aware that agency, including whether or not the Collection; request for comment. your entire comment—including your information will have practical utility; personal identifying information—may SUMMARY: In accordance with the (2) The accuracy of our estimate of the be made publicly available at any time. Paperwork Reduction Act of 1995, we, burden for this collection of While you can ask us in your comment the Office of Surface Mining information, including the validity of to withhold your personal identifying Reclamation and Enforcement (OSMRE), the methodology and assumptions used; information from public review, we are proposing to renew an information (3) Ways to enhance the quality, cannot guarantee that we will be able to collection. utility, and clarity of the information to do so. be collected; and Abstract: The BLM uses the DATES: Interested persons are invited to (4) How might the agency minimize information to determine if an submit comments on or before May 20, the burden of the collection of individual is eligible to make a desert 2021. information on those who are to land entry for agricultural purposes. The ADDRESSES: Written comments and respond, including through the use of BLM will be requesting that OMB renew recommendations for the proposed appropriate automated, electronic, this collection of information for an information collection should be sent mechanical, or other technological additional three years. within 30 days of publication of this collection techniques or other forms of Title of Collection: Desert Land Entry notice to www.reginfo.gov/public/do/ information technology, e.g., permitting Application (43 CFR part 2520). PRAMain. Find this particular electronic submission of response. OMB Control Number: 1004–0004. information collection by selecting Comments that you submit in Form Number: 2520–1. ‘‘Currently under 30-day Review—Open response to this notice are a matter of

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public record. Before including your DEPARTMENT OF THE INTERIOR comments on this collection of address, phone number, email address, information was published on January or other personal identifying Office of Surface Mining Reclamation 15, 2021 (86 FR 4123). No comments information in your comment, you and Enforcement were received. should be aware that your entire [S1D1S SS08011000 SX064A000 As part of our continuing effort to comment—including your personal 211S180110; S2D2S SS08011000 reduce paperwork and respondent identifying information—may be made SX064A000 21XS501520; OMB Control burdens, we are again soliciting publicly available at any time. While Number 1029–0040] comments from the public and other Federal agencies on the proposed ICR you can ask us in your comment to Agency Information Collection withhold your personal identifying that is described below. We are Activities; Requirements for Permits especially interested in public comment information from public review, we for Special Categories of Mining addressing the following: cannot guarantee that we will be able to (1) Whether or not the collection of do so. AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior. information is necessary for the proper Abstract: OSMRE and State regulatory performance of the functions of the ACTION: Notice of Information authorities use the information collected agency, including whether or not the Collection; request for comment. under 30 CFR part 772 to keep track of information will have practical utility; coal exploration activities, evaluate the SUMMARY: In accordance with the (2) The accuracy of our estimate of the need for an exploration permit, and Paperwork Reduction Act of 1995, we, burden for this collection of ensure that exploration activities the Office of Surface Mining information, including the validity of comply with the environmental Reclamation and Enforcement (OSMRE), the methodology and assumptions used; protection and reclamation are proposing to renew an information (3) Ways to enhance the quality, requirements of 30 CFR parts 772 and collection. utility, and clarity of the information to DATES: Interested persons are invited to be collected; and 815, and section 512 of SMCRA (30 (4) How might the agency minimize U.S.C. 1262). submit comments on or before May 20, 2021. the burden of the collection of Title of Collection: Requirements for information on those who are to ADDRESSES: Written comments and coal exploration. respond, including through the use of recommendations for the proposed appropriate automated, electronic, OMB Control Number: 1029–0112. information collection should be sent mechanical, or other technological within 30 days of publication of this Form Number: None. collection techniques or other forms of notice to www.reginfo.gov/public/do/ Type of Review: Extension of a information technology, e.g., permitting PRAMain. Find this particular currently approved collection. electronic submission of response. information collection by selecting Comments that you submit in Respondents/Affected Public: ‘‘Currently under 30-day Review—Open response to this notice are a matter of Businesses and State governments. for Public Comments’’ or by using the public record. Before including your search function. Please provide a copy Total Estimated Number of Annual address, phone number, email address, of your comments to Mark Gehlhar, Respondents: 324. or other personal identifying Office of Surface Mining Reclamation information in your comment, you Total Estimated Number of Annual and Enforcement, 1849 C Street NW, should be aware that your entire Responses: 550. Room 4556–MIB, Washington, DC comment—including your personal Estimated Completion Time per 20240, or by email to mgehlhar@ identifying information—may be made Response: Varies from 30 minutes to 70 osmre.gov. Please reference OMB publicly available at any time. While hours, depending on activity. Control Number 1029–0040 in the you can ask us in your comment to subject line of your comments. Total Estimated Number of Annual withhold your personal identifying Burden Hours: 1,697. FOR FURTHER INFORMATION CONTACT: To information from public review, we request additional information about cannot guarantee that we will be able to Respondent’s Obligation: Required to this ICR, contact Mark Gehlhar by email obtain or retain a benefit. do so. at [email protected], or by telephone Abstract: The information is being Frequency of Collection: One time. at (202) 208–2716. You may also view collected to meet the requirements of Total Estimated Annual Nonhour the ICR at http://www.reginfo.gov/ sections 507, 508, 510,515, 701 and 711 Burden Cost: $288. public/do/PRAMain. of Public Law 95–87, which require SUPPLEMENTARY INFORMATION: In An agency may not conduct or applicants for special types of mining accordance with the Paperwork sponsor and a person is not required to activities to provide descriptions, maps, Reduction Act of 1995 (PRA; 44 U.S.C. plans and data of the proposed activity. respond to a collection of information 3501 et seq.) and 5 CFR 1320.8(d)(1), we unless it displays a currently valid OMB This information will be used by the provide the general public and other regulatory authority in determining if control number. Federal agencies with an opportunity to the applicant can meet the applicable The authority for this action is the comment on new, proposed, revised, performance standards for the special Paperwork Reduction Act of 1995 (44 and continuing collections of type of mining activity. U.S.C. 3501 et seq.). information. This helps us assess the Title of Collection: Requirements for impact of our information collection Permits for Special Categories of Mark J. Gehlhar, requirements and minimize the public’s Mining. OMB Control Number: 1029– Information Collection Clearance Officer, reporting burden. It also helps the 0040. Division of Regulatory Support. public understand our information Form Number: None. [FR Doc. 2021–08102 Filed 4–19–21; 8:45 am] collection requirements and provide the Type of Review: Extension of a BILLING CODE 4310–05–P requested data in the desired format. currently approved collection. A Federal Register notice with a 60- Respondents/Affected Public: day public comment period soliciting Businesses and State governments.

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Total Estimated Number of Annual Office of Surface Mining Reclamation information in your comment, you Respondents: 68. and Enforcement, 1849 C Street NW, should be aware that your entire Total Estimated Number of Annual Room 4556–MIB, Washington, DC comment—including your personal Responses: 88. 20240; or by email to mgehlhar@ identifying information—may be made Estimated Completion Time per osmre.gov. Please reference OMB publicly available at any time. While Response: Varies from 10 hours to 1,000 Control Number 1029–0047 in the you can ask us in your comment to hours, depending on activity. subject line of your comments. withhold your personal identifying Total Estimated Number of Annual FOR FURTHER INFORMATION CONTACT: To information from public review, we Burden Hours: 5,275. request additional information about cannot guarantee that we will be able to Respondent’s Obligation: Required to this ICR, contact Mark Gehlhar by email do so. obtain or retain a benefit. at [email protected], or by telephone Abstract: Sections 515 and 516 of the Frequency of Collection: One time. at (202) 208–2716. You may also view Total Estimated Annual Nonhour the ICR at http://www.reginfo.gov/ Surface Mining Control and Burden Cost: $0. public/do/PRAMain. Reclamation Act of 1977 provide that permittees conducting coal mining An agency may not conduct or SUPPLEMENTARY INFORMATION: In operations shall meet all applicable sponsor and a person is not required to accordance with the PRA and 5 CFR performance standards of the Act. The respond to a collection of information 1320.8(d)(1), we provide the general unless it displays a currently valid OMB public and other Federal agencies with information collected is used by the control number. an opportunity to comment on new, regulatory authority to monitor and The authority for this action is the proposed, revised, and continuing inspect surface coal mining activities to Paperwork Reduction Act of 1995 (44 collections of information. This helps us ensure that they are conducted in U.S.C. 3501 et seq.). assess the impact of our information compliance with the requirements of the Mark J. Gehlhar, collection requirements and minimize Act. Information Collection Clearance Officer, the public’s reporting burden. It also Title of Collection: Permanent Division of Regulatory Support. helps the public understand our Program Performance Standards— [FR Doc. 2021–08099 Filed 4–19–21; 8:45 am] information collection requirements and Surface and Underground Mining BILLING CODE 4310–05–P provide the requested data in the Activities. desired format. A Federal Register notice with a 60- OMB Control Number: 1029–0047. DEPARTMENT OF THE INTERIOR day public comment period soliciting Form Number: None. comments on this collection of Type of Review: Extension of a Office of Surface Mining Reclamation information was published on October currently approved collection. and Enforcement 15, 2020 (85 FR 65422). No comments were received. Respondents/Affected Public: [S1D1S SS08011000 SX064A000 Businesses and State governments. 211S180110; S2D2S SS08011000 As part of our continuing effort to SX064A000 21XS501520; OMB Control reduce paperwork and respondent Total Estimated Number of Annual Number 1029–0047] burdens, we are again soliciting Respondents: 524. comments from the public and other Total Estimated Number of Annual Agency Information Collection Federal agencies on the proposed ICR Responses: 367,712. Activities; Permanent Program that is described below. We are Performance Standards—Surface and especially interested in public comment Estimated Completion Time per Underground Mining Activities addressing the following: Response: Varies from 1.5 hours to 240 (1) Whether or not the collection of hours, depending on activity. AGENCY: Office of Surface Mining information is necessary for the proper Total Estimated Number of Annual Reclamation and Enforcement, Interior. performance of the functions of the Burden Hours: 1,662,067. ACTION: Notice of Information agency, including whether or not the Respondent’s Obligation: Required to Collection; request for comment. information will have practical utility; obtain or retain a benefit. (2) The accuracy of our estimate of the SUMMARY: In accordance with the burden for this collection of Frequency of Collection: Annually. Paperwork Reduction Act of 1995, we, information, including the validity of the Office of Surface Mining Total Estimated Annual Nonhour the methodology and assumptions used; Burden Cost: $24,376,631. Reclamation and Enforcement (OSMRE) (3) Ways to enhance the quality, An agency may not conduct or are proposing to renew an information utility, and clarity of the information to collection. be collected; and sponsor and a person is not required to DATES: Interested persons are invited to (4) How might the agency minimize respond to a collection of information submit comments on or before May 20, the burden of the collection of unless it displays a currently valid OMB 2021. information on those who are to control number. ADDRESSES: Written comments and respond, including through the use of The authority for this action is the recommendations for the proposed appropriate automated, electronic, Paperwork Reduction Act of 1995 (44 information collection should be sent mechanical, or other technological U.S.C. 3501 et seq.). within 30 days of publication of this collection techniques or other forms of notice to www.reginfo.gov/public/do/ information technology, e.g., permitting Mark J. Gehlhar, PRAMain. Find this particular electronic submission of response. Information Collection Clearance Officer, information collection by selecting Comments that you submit in Division of Regulatory Support. ‘‘Currently under 30-day Review—Open response to this notice are a matter of [FR Doc. 2021–08101 Filed 4–19–21; 8:45 am] for Public Comments’’ or by using the public record. Before including your BILLING CODE 4310–05–P search function. Please provide a copy address, phone number, email address, of your comments to Mark Gehlhar, or other personal identifying

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DEPARTMENT OF JUSTICE Register pursuant to Section 6(b) of the Jolla, CA; ThermoAnalytics, Inc., Act on January 19, 2021 (86 FR 5250). Calumet, MI and United National Native Antitrust Division Council, Payson, AZ have withdrawn as Suzanne Morris, parties to this venture. Notice Pursuant to the National Chief, Premerger and Division Statistics, No other changes have been made in Cooperative Research and Production Antitrust Division. either the membership or planned Act of 1993—Countering Weapons of [FR Doc. 2021–08077 Filed 4–19–21; 8:45 am] activity of the group research project. Mass Destruction BILLING CODE P Membership in this group research project remains open, and MCDC Notice is hereby given that, on March intends to file additional written DEPARTMENT OF JUSTICE 26, 2021, pursuant to Section 6(a) of the notifications disclosing all changes in National Cooperative Research and Antitrust Division membership. Production Act of 1993, 15 U.S.C. 4301 On November 13, 2015, MCDC filed et seq. (‘‘the Act’’), Countering Weapons Notice Pursuant to the National its original notification pursuant to of Mass Destruction Consortium Cooperative Research and Production Section 6(a) of the Act. The Department (‘‘CWMD’’) has filed written Act of 1993—Medical CBRN Defense of Justice published a notice in the notifications simultaneously with the Consortium Federal Register pursuant to Section 6(b) of the Act on January 6, 2016 (81 Attorney General and the Federal Trade Notice is hereby given that, on March Commission disclosing changes in its FR 513). 29, 2021, pursuant to Section 6(a) of the The last notification was filed with membership. The notifications were National Cooperative Research and the Department on January 08, 2021. A filed for the purpose of extending the Production Act of 1993, 15 U.S.C. 4301 notice was published in the Federal Act’s provisions limiting the recovery of et seq. (‘‘the Act’’), Medical CBRN Register pursuant to Section 6(b) of the antitrust plaintiffs to actual damages Defense Consortium (‘‘MCDC’’) has filed Act on January 19, 2021 (86 FR 5250). under specified circumstances. written notifications simultaneously Suzanne Morris, Specifically, Applied Technology, with the Attorney General and the Chief, Premerger and Division Statistics, Inc., King George, VA; CDO Federal Trade Commission disclosing changes in its membership. The Antitrust Division. Technologies, Inc., Dayton, MD; Kestrel notifications were filed for the purpose [FR Doc. 2021–08078 Filed 4–19–21; 8:45 am] Corporation, Albuquerque, NM; Marcon of extending the Act’s provisions BILLING CODE P Engineering, Inc., Escondido, CA; limiting the recovery of antitrust Matsys, Inc., Sterling, VA; MZA plaintiffs to actual damages under Associates Corporation, Albuquerque, specified circumstances. Specifically, DEPARTMENT OF JUSTICE NM; OptoKnowledge, Torrance, CA; AAG Associates LLC, Pocasset, MA; Rensselaer Polytechnic Institute, Troy, Arrevus, Inc., Raleigh, NC; Chemring Antitrust Division NY and SafetySpect, Inc., Los Angeles, Sensors & Electronic Systems, Inc., Notice Pursuant to the National CA have been added as parties to this Charlotte, NC; Federal Resources Cooperative Research and Production venture. Supply Company, Stevensville, MD; Act of 1993—Digital Manufacturing Also, California Institute of Genovac Antibody Discovery, Fargo, Design Innovation Institute Technology, Pasadena, CA; Defense ND; Hager Biosciences LLC, Bethlehem, Equipment Company, Alpharetta, GA; PA; Healion Bio, Inc., Ijamsville, MD; Notice is hereby given that, on March Efiia Consulting LLC, Falls Church, VA; Immunome, Inc., Exton, PA; Invenra, 31, 2021, pursuant to Section 6(a) of the HII Mission Driven Innovative Inc., Madison, WI; Optoknowledge, National Cooperative Research and Torrance, CA; Sanaria, Inc., Rockville, Production Act of 1993, 15 U.S.C. 4301 Solutions, Huntsville, AL; Immersive MD; Tao Treasures dba Nanobiofab, et seq. (‘‘the Act’’), Digital Wisdom, Inc., Boca Raton, FL; Frederick, MD; TFF Pharmaceuticals, Manufacturing Design Innovation Mobilestack, Inc., Dublin, CA; Newton Inc., Austin, TX; The University of Institute (‘‘DMDII’’) has filed written Services LLC; Cody, WY and TRX Nebraska at Omaha, Omaha, NE; The notifications simultaneously with the Systems, Inc., Greenbelt, MD have University of California Los Angeles, Attorney General and the Federal Trade withdrawn from this venture. Los Angeles, CA and Tiber Creek Commission disclosing changes in its No other changes have been made in Partners LLC, Oakton, VA have been membership. The notifications were either the membership or planned added as parties to this venture. filed for the purpose of extending the activity of the group research project. Also, Abiogenix, Inc., Rochester, MI; Act’s provisions limiting the recovery of Membership in this group research Blade Therapeutics, Inc., South San antitrust plaintiffs to actual damages project remains open, and CWMD Francisco, CA; South San Francisco, under specified circumstances. intends to file additional written CA; Bluejay Diagnostics, Inc., Acton, Specifically, the following parties have notifications disclosing all changes in MA; Claremont Biosolutions LLC, joined DMDII: membership. Upland, CA; Decisive Point LLC, Rich Brilliant Willing, Brooklyn, NY; Alexandria, VA; Efiia Consulting LLC, University of North Carolina—Charlotte, On January 31, 2018, CWMD filed its Falls Church, VA; Equillium, Inc., La Charlotte, NC; Cook County original notification pursuant to Section Jolla, CA; GenScript USA, Inc.; LDS Government, Chicago, IL; The 6(a) of the Act. The Department of Technology Consultants, Inc., Warwick, University of West Florida, Pensacola, Justice published a notice in the Federal PA; Lillian Bay Holdings LLC, Saint FL; University of Pittsburgh, Pittsburgh, Register pursuant to Section 6(b) of the Petersburg, FL; Massachusetts Eye and PA; Factory Scene, Pittsburgh, PA; Act on March 12, 2018 (83 FR 10750). Ear Infirmary, Boston, MA; PhaseBio Pashi, San Francisco, CA; 6clicks, The last notification was filed with Pharmaceuticals, Inc., Malvern, PA; Washington, DC; MPDV USA, Inc., the Department on January 7, 2021. A Planet Biotechnology, Inc., Hayward, Orland Park, IL; BreakPoint Labs, Falls notice was published in the Federal CA; Shift Labs, Inc., Seattle, WA; The Church, VA; The Intelligence Factory, University of California San Diego, La Kirkwood, MO; SVA Illinois, Chicago,

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IL; Automation Workz, Detroit, MI; Also, FAS Electronics (Fujian) Co., Specifically, Continental Automotive University of Tennessee—Knoxville, Ltd., Fuzhou, Fujian, PEOPLE’S Systems, Inc., Deer Park, IL; NGK Spark Knoxville, TN; Lynx Software REPUBLIC OF CHINA; Plug Co., Ltd., Nagota, JAPAN; Technologies, Inc., San Jose, CA; YUCHANGTECH, Suwon-si, Gyeonggi- Stoneridge, Warren, OH; and Tenneco Gardner Spring, Tulsa, OK. do, SOUTH KOREA; Pepperl+Fuchs Automotive Operating Company Inc., The following parties are no longer Control, Inc., New Brighton, MN; Toyo Jackson, MI, have withdrawn as parties part of DMDII: Simio, Sewickley, PA; Denki Seizo KK, Chuou-ku, Tokyo, to this venture. DevBridge, Chicago, IL. JAPAN; Hydronix Limited, Normandy, No other changes have been made in Surrey, UNITED KINGDOM; Dynapar No other changes have been made in either the membership or planned Corporation, Gurnee, IL; Chun IL either the membership or planned activity of the group research project. Electric Ind. Co., Sasang-Gu, Busan City, activity of the group research project. Membership in this group research SOUTH KOREA; Industrial Network Membership in this group research project remains open, and DMDII Controls, LLC, Coopersburg, PA; Bionics project remains open, and PSPD–II intends to file additional written Instrument Co., Ltd., Tokyo, JAPAN; intends to file additional written notifications disclosing all changes in and Tri-Tronics Co., Inc., Tampa, FL, notifications disclosing all changes in membership. have withdrawn as parties to this membership. On January 5, 2016, DMDII filed its venture. On March 15, 2017, PSPD–II filed its original notification pursuant to Section No other changes have been made in original notification pursuant to Section 6(a) of the Act. The Department of either the membership or planned 6(a) of the Act. The Department of Justice published a notice in the Federal activity of the group research project. Justice published a notice in the Federal Register pursuant to Section 6(b) of the Membership in this group research Register pursuant to Section 6(b) of the Act on March 9, 2016 (81 FR 12525). project remains open, and ODVA Act on April 14, 2017 (82 FR 18012). The last notification was filed with intends to file additional written the Department on December 18, 2020. notifications disclosing all changes in The last notification was filed with A notice was published in the Federal membership. the Department on February 10, 2021. A Register pursuant to Section 6(b) of the On June 21, 1995, ODVA filed its notice was published in the Federal Act on January 8, 2021 (86 FR 1526). original notification pursuant to Section Register pursuant to section 6(b) of the Suzanne Morris, 6(a) of the Act. The Department of Act on March 10, 2021 (86 FR 13734). Justice published a notice in the Federal Chief, Premerger and Division Statistics, Suzanne Morris, Antitrust Division. Register pursuant to Section 6(b) of the Act on February 15, 1996 (61 FR 6039). Chief, Premerger and Division Statistics, [FR Doc. 2021–08079 Filed 4–19–21; 8:45 am] The last notification was filed with Antitrust Division. BILLING CODE P the Department on January 14, 2021. A [FR Doc. 2021–08072 Filed 4–19–21; 8:45 am] notice was published in the Federal BILLING CODE P DEPARTMENT OF JUSTICE Register pursuant to Section 6(b) of the Act on January 28, 2021 (86 FR 7416). Antitrust Division Suzanne Morris, NATIONAL CREDIT UNION Notice Pursuant to the National Chief, Premerger and Division Statistics, Antitrust Division. ADMINISTRATION Cooperative Research and Production Act of 1993—ODVA, Inc. [FR Doc. 2021–08080 Filed 4–19–21; 8:45 am] Sunshine Act Meetings BILLING CODE P Notice is hereby given that, on April 6, 2021, pursuant to Section 6(a) of the TIME AND DATE: 10:00 a.m., Thursday, National Cooperative Research and DEPARTMENT OF JUSTICE April 22, 2021. Production Act of 1993, 15 U.S.C. 4301 PLACE: Due to the COVID–19 Pandemic, Antitrust Division et seq. (‘‘the Act’’), ODVA, Inc. the meeting will be open to the public (‘‘ODVA’’) has filed written notifications Notice Pursuant to the National via live webcast only. Visit the agency’s simultaneously with the Attorney Cooperative Research and Production homepage (www.ncua.gov) and access General and the Federal Trade Act of 1993—Cooperative Research the provided webcast link. Commission disclosing changes in its Group on Particle Sensor Performance STATUS: This meeting will be open to the membership. The notifications were and Durability (‘‘PSPD–II’’) filed for the purpose of extending the public. Act’s provisions limiting the recovery of Notice is hereby given that, on March MATTERS TO BE CONSIDERED: antitrust plaintiffs to actual damages 12, 2021, pursuant to Section 6(a) of the under specified circumstances. National Cooperative Research and 1. Board Briefing, Cybersecurity Specifically, MARS TOHKEN Production Act of 1993, 15 U.S.C. 4301 Update. SOLUTION CO. LTD., Tokyo, JAPAN; et seq. (‘‘the Act’’), Southwest Research 2. Board Briefing, NCUA Rules and Dunkermotoren GmbH, Bonndorf, Institute—Cooperative Research Group Regulations, Capital Adequacy; Prompt GERMANY; Comau S.p.A., Grugliasco, on Particle Sensor Performance and Corrective Action. Torino, ITALY; Dinkle Enterprise Co. Durability (‘‘PSPD–II’’) has filed written Ltd., New Taipei City, TAIWAN; notifications simultaneously with the CONTACT PERSON FOR MORE INFORMATION: MIDAS TECHNOLOGY Co., Ltd., Attorney General and the Federal Trade Melane Conyers-Ausbrooks, Secretary of Gyeonggi-do, SOUTH KOREA; Commission disclosing changes in its the Board, Telephone: 703–518–6304. Rosenberger Hochfrequenztechnik membership. The notifications were Melane Conyers-Ausbrooks, GmbH & Co. KG, Fridolfing, GERMANY; filed for the purpose of extending the and Cogniac Corporation, San Jose, CA, Act’s provisions limiting the recovery of Secretary of the Board. have been added as parties to this antitrust plaintiffs to actual damages [FR Doc. 2021–08174 Filed 4–16–21; 11:15 am] venture. under specified circumstances. BILLING CODE 7535–01–P

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NATIONAL FOUNDATION ON THE ADDRESSES: Written comments and Frequency of Response: Twice per ARTS AND THE HUMANITIES recommendations for proposed year. information collection requests should Average Hours per Response: 32.5. Institute of Museum and Library be sent within 30 days of publication of Total Estimated Number of Annual Services this Notice to www.reginfo.gov/public/ Burden Hours: 15,756. do/PRAMain. Find this particular Total Annual Cost Burden: Submission for OMB Review, information collection request by $481,503.36. Comment Request, Proposed selecting ‘‘Institute of Museum and Total Annual Federal Costs: Collection: 2022–2024 IMLS National Library Services’’ under ‘‘Currently $75,710.60. Leadership Grants for Libraries/Laura Under Review;’’ then check ‘‘Only Show Dated: April 14, 2021. Bush 21st Century Librarian Program ICR for Public Comment’’ checkbox. Kim Miller, Notice of Funding Opportunity Once you have found this information Senior Grants Management Specialist, AGENCY: Institute of Museum and collection request, select ‘‘Comment,’’ and enter or upload your comment and Institute of Museum and Library Services. Library Services, National Foundation [FR Doc. 2021–08023 Filed 4–19–21; 8:45 am] for the Arts and the Humanities. information. Alternatively, please mail BILLING CODE 7036–01–P ACTION: Submission for OMB Review, your written comments to Office of comment request. Information and Regulatory Affairs, Attn.: OMB Desk Officer for Education, SUMMARY: The Institute of Museum and Office of Management and Budget, NUCLEAR REGULATORY Library Services announces the Room 10235, Washington, DC 20503, or COMMISSION call (202) 395–7316. following information collection has [Docket No. 50–244; NRC–2021–0075] been submitted to the Office of FOR FURTHER INFORMATION CONTACT: Management and Budget (OMB) for Anthony D. Smith, Associate Deputy Exelon Generation Company LLC, R.E. review and approval in accordance with Director, Office of Library Services Ginna Nuclear Power Plant the Paperwork Reduction Act. This Discretionary Programs, Institute of program helps to ensure that requested Museum and Library Services, 955 AGENCY: Nuclear Regulatory data can be provided in the desired L’Enfant Plaza North SW, Suite 4000, Commission. format, reporting burden (time and Washington, DC 20024–2135. Mr. Smith ACTION: Exemption; issuance. financial resources) is minimized, can be reached by telephone at 202– collection instruments are clearly 653–4716, or by email at asmith@ SUMMARY: The U.S. Nuclear Regulatory understood, and the impact of collection imls.gov. Office hours are from 8:30 a.m. Commission (NRC) has issued an requirements on respondents can be to 5 p.m., E.T., Monday through Friday, exemption in response to a September properly assessed. The purpose of this except Federal holidays. Persons who 11, 2020, request from Exelon Notice is to solicit comments about this are deaf or hard of hearing (TTY users) Generation Company, LLC (Exelon), to assessment process, instructions, and can contact IMLS via Federal Relay at allow Exelon to submit a subsequent data collections. A copy of the proposed 800–877–8339. license renewal application for R.E. information collection request can be SUPPLEMENTARY INFORMATION: The Ginna Nuclear Power Plant, at least 3 obtained by contacting the individual Institute of Museum and Library years prior to the expiration of the listed below in the ADDRESSES section of Services (IMLS) is the primary source of existing license and, if it is found this notice. federal support for the nation’s libraries sufficient, still receive timely renewal DATES: Written comments must be and museums. We advance, support, protection. submitted to the office listed in the and empower America’s museums, DATES: The exemption was issued on ADDRESSES section below on or before libraries, and related organizations April 14, 2021. May 17, 2021. through grant making, research, and ADDRESSES: OMB is particular interested in Please refer to Docket ID policy development. Our vision is a NRC–2021–0075 when contacting the comments that help the agency to: nation where museums and libraries • Evaluate whether the proposed NRC about the availability of work together to transform the lives of information regarding this document. collection of information is necessary individuals and communities. To learn for the proper performance of the You may obtain publicly available more, visit www.imls.gov. information related to this document functions of the agency, including Current Actions: This action is to using any of the following methods: whether the information will have renew the forms and instructions for the • Federal Rulemaking Website: Go to practical utility; Notice of Funding Opportunities for the • https://www.regulations.gov and search Evaluate the accuracy of the next three years. The 60-Day Notice was for Docket ID NRC–2021–0075. Address agency’s estimate of the burden of the published in the Federal Register on questions about Docket IDs in proposed collection of information, January 8, 2021 (86 FR 1535). One Regulations.gov to Stacy Schumann; including the validity of the comment was received. methodology and assumptions used; Agency: Institute of Museum and telephone: 301–415–0624; email: • Enhance the quality, utility, and Library Services. [email protected]. For technical clarity of the information to be Title of Collection: 2022–2024 IMLS questions, contact the individual listed collected; and National Leadership Grants for in the FOR FURTHER INFORMATION • Minimize the burden of the Libraries/Laura Bush 21st Century CONTACT section of this document. • collection of information on those who Librarian Program Notice of Funding NRC’s Agencywide Documents are to respond, including through the Opportunity. Access and Management System use of appropriate automated, OMB Control Number: 3137–0091. (ADAMS): You may obtain publicly electronic, mechanical, or other Agency Number: 3137. available documents online in the technological collection techniques or Affected Public: Library organization ADAMS Public Documents collection at other forms of information technology applicants. https://www.nrc.gov/reading-rm/ (e.g., permitting electronic submission Total Estimated Number of Annual adams.html. To begin the search, select of responses). Responses: 648. ‘‘Begin Web-based ADAMS Search.’’ For

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problems with ADAMS, please contact finds the application sufficient for (3) The special circumstance in 10 the NRC’s Public Document Room (PDR) docketing, to still receive timely CFR 50.12(a)(2)(vi) states, ‘‘[t]here is reference staff at 1–800–397–4209, 301– renewal protection under title 10 of the present other material circumstance not 415–4737, or by email to pdr.resource@ Code of Federal Regulations (10 CFR) considered when the regulation was nrc.gov. The ADAMS accession number Part 2, Section 2.109(b). Pursuant to 10 adopted for which it would be in the for each document referenced (if it is CFR 2.109(b), the NRC provides timely public interest to grant an exemption.’’ available in ADAMS) is provided the renewal protection to licensees that A. The Exemption Is Authorized by Law first time that it is mentioned in this submit a sufficient license renewal document. application at least 5 years before the This exemption would allow Exelon • Attention: The PDR, where you may expiration of the existing license. to submit a sufficient SLRA for Ginna at examine and order copies of public least 3 years prior to the expiration of documents, is currently closed. You II. Request/Action its existing license and still receive may submit your request to the PDR via Under 10 CFR 54.17(a), the NRC timely renewal protection under 10 CFR email at [email protected] or call 1– requires that the filing of an application 2.109(b). Section 2.109 implements 800–397–4209 or 301–415–4737, for a renewed license be in accordance Section 9(b) of the Administrative between 8:00 a.m. and 4:00 p.m. (EST), with, among other regulations, 10 CFR Procedure Act (APA), 5 U.S.C. 558(c), Monday through Friday, except Federal 2.109(b). In turn, 10 CFR 2.109(b) states, which states: holidays. ‘‘If the licensee of a nuclear power plant When the licensee has made timely and FOR FURTHER INFORMATION CONTACT: V. licensed under 10 CFR 50.21(b) or 50.22 sufficient application for a renewal or a new Sreenivas, Office of Nuclear Reactor files a sufficient application for renewal license in accordance with agency rules, a Regulation, U.S. Nuclear Regulatory of either an operating license or a license with reference to an activity of a Commission, Washington, DC 20555– combined license at least 5 years before continuing nature does not expire until the the expiration of the existing license, application has been finally determined by 0001; telephone: 301–415–2597, email: the agency. [email protected]. the existing license will not be deemed SUPPLEMENTARY INFORMATION: The text of to have expired until the application has The 5-year time period specified in 10 the exemption is attached. been finally determined.’’ In its letter CFR 2.109 is the result of a discretionary dated September 11, 2020, Exelon agency rulemaking under Sections 161 Dated: April 14, 2021. requested an exemption from 10 CFR and 181 of the Atomic Energy Act of For the Nuclear Regulatory Commission. 54.17(a) to allow Exelon to submit its 1954, as amended, and not required by Venkataiah Sreenivas, SLRA for Ginna at least 3 years prior to the APA. As stated above, 10 CFR Project Manager, Plant Licensing Branch I, the expiration of the existing license 54.17(a) requires that the filing of an Division of Operating Reactor Licensing, and still receive timely renewal application for a renewed license be in Office of Nuclear Reactor Regulation. protection under 10 CFR 2.109(b). accordance with, among other Attachment—Exemption regulations, 10 CFR 2.109(b). In III. Discussion addition, 10 CFR 54.15 allows the NRC NUCLEAR REGULATORY Under 10 CFR 54.15, exemptions from to grant exemptions from the COMMISSION the requirements of Part 54 are governed requirements of 10 CFR part 54. The Docket No. 50–244 by 10 CFR 50.12. Pursuant to 10 CFR NRC has determined that granting this 50.12, the Commission may, upon Exelon Generation Company, LLC exemption will not result in a violation application by any interested person or of the Atomic Energy Act of 1954, as R.E. Ginna Nuclear Power Plant upon its own initiative, grant amended, the APA, or the NRC’s Exemption exemptions from the requirements of 10 regulations. Therefore, the exemption is CFR part 50 when (1) the exemptions authorized by law. I. Background are authorized by law, will not present B. The Exemption Presents No Undue Exelon Generation Company, LLC an undue risk to public health or safety, Risk to Public Health and Safety (Exelon, the licensee), is the holder of and are consistent with the common the Renewed Facility Operating License defense and security; and (2) special The requested exemption to allow a 3- No. DPR–18 which authorizes operation circumstances are present, as defined in year time period, rather than the 5 years of the R.E. Ginna Nuclear Power Plant 10 CFR 50.12(a)(2). In its application, specified in 10 CFR 2.109(b), for Exelon (Ginna), a pressurized-water reactor Exelon stated that three special to submit a sufficient SLRA and receive located on the southern shore of Lake circumstances apply to its request. The timely renewal protection is a Ontario, in the town of Ontario, Wayne three special circumstances that Exelon scheduling change. The action does not County, New York. The license included in its request are: change the manner in which the plant provides, among other things, that the (1) The special circumstance in 10 operates and maintains public health facility is subject to all rules, CFR 50.12(a)(2)(ii) states, ‘‘[a]pplication and safety because no additional regulations, and orders of the U.S. of the regulation in the particular changes are made as a result of the Nuclear Regulatory Commission (NRC, circumstances would not serve the action. The NRC expects that a period Commission) now or hereafter in effect. underlying purpose of the rule or is not of 3 years provides sufficient time for The current operating license for Ginna necessary to achieve the underlying the NRC to perform a full and adequate expires on September 18, 2029. purpose of the rule safety and environmental review, and By letter dated September 11, 2020 (2) The special circumstance in 10 for the completion of the hearing (Agencywide Documents Access and CFR 50.12(a)(2)(iii) states, process. Pending final action on the Management System (ADAMS) ‘‘[c]ompliance would result in undue SLRA, the NRC will continue to conduct Accession No. ML20255A001), Exelon hardship or other costs that are all regulatory activities associated with requested an exemption that would significantly in excess of those licensing, inspection, and oversight, and allow submittal of a subsequent license contemplated when the regulation was will take whatever action may be renewal application (SLRA) for Ginna at adopted, or that are significantly in necessary to ensure adequate protection least 3 years prior to the expiration of excess of those incurred by others of the public health and safety. The the existing license and, if the NRC similarly situated existence of this exemption does not

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affect NRC’s authority, applicable to all information on or about 5 years prior to the economic and legislative factors that licenses, to modify, suspend, or revoke expiration of their operating licenses. The evolved in a way that did not permit the a license for cause, such as a serious Commission has concluded that, for preparation and submission of an SLRA safety concern. Based on the above, the consistency, the deadline for submittal of a 5 years prior to the license expiration license renewal application should be 5 years date. Exelon further stated that if the NRC finds that the action does not cause prior to the expiration of the current undue risk to public health and safety. operating license. The timely renewal exemption is not granted, and it submits its SLRA less than 5 years before license C. The Exemption Is Consistent With the provisions of § 2.109 now reflect the decision that a 5-year time limit is more appropriate. expiration, then Exelon would face the Common Defense and Security risk of being forced to shut down if the Thus, the NRC originally estimated The requested exemption to allow for application is not approved before the that 3 years was needed to review a a timely renewal protection deadline of current license expires. The impact of at least 3 years instead of 5 years is a renewal application and to complete changes in economic and legislative scheduling change. The exemption does any hearing that might be held on the conditions on licensees’ decisions to not change any site security matters. application. The NRC changed its pursue license renewal was not a factor Therefore, the NRC finds that the action original deadline from 3 years to 5 years considered at the time the timely is consistent with the common defense to have consistent deadlines for when renewal rule was issued. The NRC and security. licensees must submit their therefore finds that the special decommissioning plans and related circumstance of 10 CFR 50.12(a)(2)(iii) D. Special Circumstances financial assurance information and also is present. Because the NRC staff The purpose of 10 CFR 2.109(b), as it when they must submit their license finds that special circumstances exist is applied to nuclear power reactors renewal application to receive timely under 10 CFR 50.12(a)(2)(ii) and 10 CFR licensed by the NRC, is to implement renewal protection. 50.12(a)(2)(iii), the NRC staff did not the ‘‘timely renewal’’ provision of Application of the 5-year period in 10 consider whether special circumstances Section 9(b) of the APA, 5 U.S.C. 558(c), CFR 2.109(b) is not necessary to achieve also exist under 10 CFR 50.12(a)(2)(vi), which states: the underlying purpose of the timely as presented by Exelon in its exemption renewal provision in the regulation if request. When the licensee has made timely and Exelon files a sufficient Ginna SLRA at sufficient application for a renewal or a new E. Environmental Considerations license in accordance with agency rules, a least 3 years prior to expiration of the license with reference to an activity of a license. The NRC’s current schedule for The NRC has determined that the continuing nature does not expire until the review of SLRAs is to complete its issuance of the requested exemption application has been finally determined by review and make a decision on issuing meets the provisions of categorical the agency. the renewed license within 18 months exclusion 10 CFR 51.22(c)(25)(vi)(G). The underlying purpose of this of receipt if there is no hearing. If a Under 10 CFR 51.22(c)(25), the granting ‘‘timely renewal’’ provision in the APA hearing is held, the NRC’s model of an exemption from the requirements is to protect a licensee who is engaged schedule anticipates completion of the of any regulation of chapter 10 qualifies in an ongoing licensed activity and who NRC’s review and of the hearing as a categorical exclusion if (i) there is has complied with agency rules in process, and issuance of a decision on no significant hazards consideration; (ii) applying for a renewed or new license the license renewal application within there is no significant change in the from facing license expiration as the 30 months of receipt. types or significant increase in the result of delays in the administrative However, it is recognized that the amounts of any effluents that may be process. estimate of 30 months for completion of released offsite; (iii) there is no On December 13, 1991, the NRC a contested hearing is subject to significant increase in individual or published the final license renewal rule, variation in any given proceeding. A cumulative public or occupational 10 CFR part 54, with associated changes period of 3 years (36 months), radiation exposure; (iv) there is no to 10 CFR parts 2, 50, and 140, in the nevertheless, is expected to provide significant construction impact; (v) Federal Register (56 FR 64943). The sufficient time for performance of a full there is no significant increase in the statement of considerations discussed and adequate safety and environmental potential for or consequences from the basis for establishing the latest date review, and completion of the hearing radiological accidents; and (vi) the for filing license renewal applications process. Meeting this schedule is based requirements from which an exemption and the timely renewal doctrine (56 FR on a complete and sufficient application is sought involves scheduling 64962). The statement of considerations being submitted and on the review requirements. The basis for NRC’s stated that: being completed in accordance with the determination is provided in the NRC’s established license renewal following evaluation of the Because the review of a renewal review schedule. requirements in 10 CFR 51.22(c)(25)(i)– application will involve a review of many Based on the above, the NRC finds complex technical issues, the NRC estimates (vi). that the special circumstance of 10 CFR that the technical review would take Requirements in 10 CFR 51.22(c)(25)(i) approximately 2 years. Any necessary 50 12(a)(2)(ii) is present in the particular hearing could likely add an additional year circumstance of Ginna. To qualify for a categorical exclusion or more. Therefore, in the proposed rule, the In addition, the NRC finds that the under 10 CFR 51.22(c)(25)(i), the Commission modified § 2.109 to require that special circumstance of 10 CFR exemption must involve a no significant nuclear power plant operating license 50.12(a)(2)(iii) is present in the hazards consideration. The criteria for renewal applications be submitted at least 3 circumstances of Ginna. Compliance making a no significant hazards years prior to their expiration in order to take with § 2.109(b) would result in undue consideration determination are found advantage of the timely renewal doctrine. hardship or other costs that are in 10 CFR 50.92(c). The NRC has No specific comment was received concerning the proposal to add a 3-year significantly in excess of those determined that the granting of the provision for the timely renewal provision contemplated when the regulation was exemption request involves no for license renewal. The current regulations adopted. In its application, Exelon significant hazards consideration require licensees to submit decommissioning stated that the decision to continue because allowing the submittal of the plans and related financial assurance power operation at Ginna depended on license renewal application at least 3

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years before the expiration of the than the 5 years specified in 10 CFR issue and make immediately effective existing license while maintaining the 2.109(b), and still receive timely any amendment to an operating license protection of the timely renewal renewal protection under 10 CFR or combined license, as applicable, provision in 10 CFR 2.109(b) does not 2.109(b). Therefore, the requirements of upon a determination by the (1) involve a significant increase in the 10 CFR 51.22(c)(25)(vi) are met. Commission that such amendment probability or consequences of an Based on the above, the NRC involves no significant hazards accident previously evaluated; or (2) concludes that the proposed exemption consideration (NSHC), notwithstanding create the possibility of a new or meets the eligibility criteria for a the pendency before the Commission of different kind of accident from any categorical exclusion set forth in 10 CFR a request for a hearing from any person. accident previously evaluated; or (3) 51.22(c)(25). Therefore, pursuant to 10 This monthly notice includes all involve a significant reduction in a CFR 51.22(b), no environmental impact amendments issued, or proposed to be margin of safety. Therefore, the statement or environmental assessment issued, from March 5, 2021, to April 1, requirements of 10 CFR 51.22(c)(25)(i) need be prepared in connection with the 2021. The last monthly notice was are met. approval of this exemption request. published on March 23, 2021. Requirements in 10 CFR 51.22(c)(25)(ii) IV. Conclusions DATES: Comments must be filed by May and (iii) 20, 2021. A request for a hearing or Accordingly, the NRC has determined petitions for leave to intervene must be The exemption constitutes a change to that, pursuant to 10 CFR 54.15 and 10 filed by June 21, 2021. the schedule by which Exelon must CFR 50.12, the exemption is authorized submit its SLRA and still receive timely by law, will not present an undue risk ADDRESSES: You may submit comments renewal protection, which is to the public health and safety, and is by any of the following methods; administrative in nature, and does not consistent with the common defense however, the NRC encourages electronic involve any change in the types or and security. Also, special comment submission through the Federal Rulemaking website: significant increase in the amounts of circumstances as defined in 10 CFR • effluents that may be released offsite 50.12(a)(2), are present. Therefore, the Federal Rulemaking Website: Go to and does not contribute to any NRC hereby grants the licensee a one- https://www.regulations.gov and search significant increase in occupational or time exemption for Ginna, from 10 CFR for Docket ID NRC–2021–0095. Address public radiation exposure. Accordingly, 54.17(a) to allow the submittal of the questions about Docket IDs in there is no significant change in the Ginna SLRA at least 3 years prior to Regulations.gov to Stacy Schumann; types or significant increase in the expiration of the operating license while telephone: 301–415–0624; email: amounts of any effluents that may be maintaining the protection of the timely [email protected]. For technical released offsite, and no significant renewal provision in 10 CFR 2.109(b). questions, contact the individual listed increase in individual or cumulative This exemption is effective upon in the FOR FURTHER INFORMATION public or occupational radiation issuance. CONTACT section of this document. • Mail comments to: Office of exposure. Therefore, the requirements of Dated April 14, 2021. 10 CFR 51.22(c)(25)(ii) and (iii) are met. Administration, Mail Stop: TWFN–7– For the Nuclear Regulatory Commission. A60M, U.S. Nuclear Regulatory Requirements in 10 CFR 51.22(c)(25)(iv) /RA/ Commission, Washington, DC 20555– The exempted regulation is not Craig G. Erlanger, 0001, ATTN: Program Management, associated with construction and the Director, Division of Operating Reactor Announcements and Editing Staff. exemption does not propose any Licensing, Office of Nuclear Reactor For additional direction on obtaining changes to the site, alter the site, or Regulation. information and submitting comments, change the operation of the site. [FR Doc. 2021–08061 Filed 4–19–21; 8:45 am] see ‘‘Obtaining Information and Therefore, the requirements of 10 CFR BILLING CODE 7590–01–P Submitting Comments’’ in the 51.22(c)(25)(iv) are met because there is SUPPLEMENTARY INFORMATION section of no significant construction impact. this document. NUCLEAR REGULATORY FOR FURTHER INFORMATION CONTACT: Requirements in 10 CFR 51.22(c)(25)(v) COMMISSION Rhonda Butler, Office of Nuclear The exemption constitutes a change to [NRC–2021–0095] Reactor Regulation, U.S. Nuclear the schedule by which Exelon must Regulatory Commission, Washington, submit its SLRA and still receive timely Monthly Notice; Applications and DC 20555–0001, telephone: 301–415– renewal protection, which is Amendments to Facility Operating 8025, email: [email protected]. administrative in nature, and does not Licenses and Combined Licenses SUPPLEMENTARY INFORMATION: impact the probability or consequences Involving No Significant Hazards I. Obtaining Information and of accidents. Thus, there is no Considerations significant increase in the potential for, Submitting Comments AGENCY: or consequences of, a radiological Nuclear Regulatory A. Obtaining Information accident. Therefore, the requirements of Commission. 10 CFR 51.22(c)(25)(v) are met. ACTION: Monthly notice. Please refer to Docket ID NRC–2021– 0095, facility name, unit number(s), Requirements in 10 CFR 51.22(c)(25)(vi) SUMMARY: Pursuant to section 189.a.(2) docket number(s), application date, and To qualify for a categorical exclusion of the Atomic Energy Act of 1954, as subject when contacting the NRC about under 10 CFR 51.22(c)(25)(vi)(G), the amended (the Act), the U.S. Nuclear the availability of information for this exemption must involve scheduling Regulatory Commission (NRC) is action. You may obtain publicly requirements. The exemption involves publishing this regular monthly notice. available information related to this scheduling requirements because it The Act requires the Commission to action by any of the following methods: would allow Exelon to submit a SLRA publish notice of any amendments • Federal Rulemaking Website: Go to for Ginna at least 3 years prior to the issued, or proposed to be issued, and https://www.regulations.gov and search expiration of the existing license, rather grants the Commission the authority to for Docket ID NRC–2021–0095.

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• NRC’s Agencywide Documents provided, consistent with title 10 of the https://www.nrc.gov/reading-rm/doc- Access and Management System Code of Federal Regulations (10 CFR) collections/cfr/. If a petition is filed, the (ADAMS): You may obtain publicly section 50.91, are sufficient to support Commission or a presiding officer will available documents online in the the proposed determinations that these rule on the petition and, if appropriate, ADAMS Public Documents collection at amendment requests involve NSHC. a notice of a hearing will be issued. https://www.nrc.gov/reading-rm/ Under the Commission’s regulations in As required by 10 CFR 2.309(d) the adams.html. To begin the search, select 10 CFR 50.92, operation of the facilities petition should specifically explain the ‘‘Begin Web-based ADAMS Search.’’ For in accordance with the proposed reasons why intervention should be problems with ADAMS, please contact amendments would not (1) involve a permitted with particular reference to the NRC’s Public Document Room (PDR) significant increase in the probability or the following general requirements for reference staff at 1–800–397–4209, 301– consequences of an accident previously standing: (1) The name, address, and 415–4737, or by email to pdr.resource@ evaluated; or (2) create the possibility of telephone number of the petitioner; (2) nrc.gov. The ADAMS accession number a new or different kind of accident from the nature of the petitioner’s right to be for each document referenced (if it is any accident previously evaluated; or made a party to the proceeding; (3) the available in ADAMS) is provided the (3) involve a significant reduction in a nature and extent of the petitioner’s first time that it is mentioned in this margin of safety. property, financial, or other interest in document. The Commission is seeking public the proceeding; and (4) the possible • Attention: The PDR, where you may comments on these proposed effect of any decision or order which examine and order copies of public determinations. Any comments received may be entered in the proceeding on the documents, is currently closed. You within 30 days after the date of petitioner’s interest. may submit your request to the PDR via publication of this notice will be In accordance with 10 CFR 2.309(f), email at [email protected] or call considered in making any final the petition must also set forth the 1–800–397–4209 or 301–415–4737 determinations. specific contentions that the petitioner between 8:00 a.m. and 4:00 p.m. (EST), Normally, the Commission will not seeks to have litigated in the Monday through Friday, except Federal issue the amendments until the proceeding. Each contention must holidays. expiration of 60 days after the date of consist of a specific statement of the publication of this notice. The issue of law or fact to be raised or B. Submitting Comments Commission may issue any of these controverted. In addition, the petitioner The NRC encourages electronic license amendments before expiration of must provide a brief explanation of the comment submission through the the 60-day period provided that its final bases for the contention and a concise Federal Rulemaking website (https:// determination is that the amendment statement of the alleged facts or expert www.regulations.gov). Please include involves NSHC. In addition, the opinion that support the contention and Docket ID NRC–2021–0095, facility Commission may issue any of these on which the petitioner intends to rely name, unit number(s), docket amendments prior to the expiration of in proving the contention at the hearing. number(s), application date, and the 30-day comment period if The petitioner must also provide subject, in your comment submission. circumstances change during the 30-day references to the specific sources and The NRC cautions you not to include comment period such that failure to act documents on which the petitioner identifying or contact information that in a timely way would result, for intends to rely to support its position on you do not want to be publicly example in derating or shutdown of the the issue. The petition must include disclosed in your comment submission. facility. If the Commission takes action sufficient information to show that a The NRC will post all comment on any of these amendments prior to the genuine dispute exists with the submissions at https:// expiration of either the comment period applicant or licensee on a material issue www.regulations.gov as well as enter the or the notice period, it will publish in of law or fact. Contentions must be comment submissions into ADAMS. the Federal Register a notice of limited to matters within the scope of The NRC does not routinely edit issuance. If the Commission makes a the proceeding. The contention must be comment submissions to remove final NSHC determination for any of one that, if proven, would entitle the identifying or contact information. these amendments, any hearing will petitioner to relief. A petitioner who If you are requesting or aggregating take place after issuance. The fails to satisfy the requirements at 10 comments from other persons for Commission expects that the need to CFR 2.309(f) with respect to at least one submission to the NRC, then you should take action on any amendment before 60 contention will not be permitted to inform those persons not to include days have elapsed will occur very participate as a party. identifying or contact information that infrequently. Those permitted to intervene become they do not want to be publicly parties to the proceeding, subject to any A. Opportunity To Request a Hearing disclosed in their comment submission. limitations in the order granting leave to and Petition for Leave To Intervene Your request should state that the NRC intervene. Parties have the opportunity does not routinely edit comment Within 60 days after the date of to participate fully in the conduct of the submissions to remove such information publication of this notice, any persons hearing with respect to resolution of before making the comment (petitioner) whose interest may be that party’s admitted contentions, submissions available to the public or affected by any of these actions may file including the opportunity to present entering the comment into ADAMS. a request for a hearing and petition for evidence, consistent with the NRC’s leave to intervene (petition) with respect regulations, policies, and procedures. II. Notice of Consideration of Issuance to that action. Petitions shall be filed in Petitions must be filed no later than of Amendments to Facility Operating accordance with the Commission’s 60 days from the date of publication of Licenses and Combined Licenses and ‘‘Agency Rules of Practice and this notice. Petitions and motions for Proposed No Significant Hazards Procedure’’ in 10 CFR part 2. Interested leave to file new or amended Consideration Determination persons should consult a current copy contentions that are filed after the For the facility-specific amendment of 10 CFR 2.309. The NRC’s regulations deadline will not be entertained absent requests shown below, the Commission are accessible electronically from the a determination by the presiding officer finds that the licensees’ analyses NRC Library on the NRC’s website at that the filing demonstrates good cause

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by satisfying the three factors in 10 CFR any session of the hearing or at any participant can then submit 2.309(c)(1)(i) through (iii). The petition prehearing conference, subject to the adjudicatory documents. Submissions must be filed in accordance with the limits and conditions as may be must be in Portable Document Format filing instructions in the ‘‘Electronic imposed by the presiding officer. Details (PDF). Additional guidance on PDF Submissions (E-Filing)’’ section of this regarding the opportunity to make a submissions is available on the NRC’s document. limited appearance will be provided by public website at https://www.nrc.gov/ If a hearing is requested, and the the presiding officer if such sessions are site-help/electronic-sub-ref-mat.html. A Commission has not made a final scheduled. filing is considered complete at the time determination on the issue of NSHC, the the document is submitted through the B. Electronic Submissions (E-Filing) Commission will make a final NRC’s E-Filing system. To be timely, an determination on the issue of NSHC. All documents filed in NRC electronic filing must be submitted to The final determination will serve to adjudicatory proceedings, including a the E-Filing system no later than 11:59 establish when the hearing is held. If the request for hearing and petition for p.m. Eastern Time on the due date. final determination is that the leave to intervene (petition), any motion Upon receipt of a transmission, the E- amendment request involves NSHC, the or other document filed in the Filing system time stamps the document Commission may issue the amendment proceeding prior to the submission of a and sends the submitter an email notice and make it immediately effective, request for hearing or petition to confirming receipt of the document. The notwithstanding the request for a intervene, and documents filed by E-Filing system also distributes an email hearing. Any hearing would take place interested governmental entities that notice that provides access to the after issuance of the amendment. If the request to participate under 10 CFR document to the NRC’s Office of the final determination is that the 2.315(c), must be filed in accordance General Counsel and any others who amendment request involves a with the NRC’s E-Filing rule (72 FR have advised the Office of the Secretary significant hazards consideration, then 49139; August 28, 2007, as amended at that they wish to participate in the any hearing held would take place 77 FR 46562; August 3, 2012). The E- proceeding, so that the filer need not before the issuance of the amendment Filing process requires participants to serve the document on those unless the Commission finds an submit and serve all adjudicatory participants separately. Therefore, imminent danger to the health or safety documents over the internet, or in some applicants and other participants (or of the public, in which case it will issue cases to mail copies on electronic their counsel or representative) must an appropriate order or rule under 10 storage media. Detailed guidance on apply for and receive a digital ID CFR part 2. making electronic submissions may be certificate before adjudicatory A State, local governmental body, found in the Guidance for Electronic documents are filed so that they can Federally recognized Indian Tribe, or Submissions to the NRC and on the NRC obtain access to the documents via the agency thereof, may submit a petition to website at https://www.nrc.gov/site- E-Filing system. the Commission to participate as a party help/e-submittals.html. Participants A person filing electronically using under 10 CFR 2.309(h)(1). The petition may not submit paper copies of their the NRC’s adjudicatory E-Filing system should state the nature and extent of the filings unless they seek an exemption in may seek assistance by contacting the petitioner’s interest in the proceeding. accordance with the procedures NRC’s Electronic Filing Help Desk The petition should be submitted to the described below. through the ‘‘Contact Us’’ link located Commission no later than 60 days from To comply with the procedural on the NRC’s public website at https:// the date of publication of this notice. requirements of E-Filing, at least 10 www.nrc.gov/site-help/e- The petition must be filed in accordance days prior to the filing deadline, the submittals.html, by email to with the filing instructions in the participant should contact the Office of [email protected], or by a toll- ‘‘Electronic Submissions (E-Filing)’’ the Secretary by email at free call to 1–866–672–7640. The NRC section of this document, and should [email protected], or by telephone Electronic Filing Help Desk is available meet the requirements for petitions set at 301–415–1677, to (1) request a digital between 9 a.m. and 6 p.m., Eastern forth in this section, except that under identification (ID) certificate, which Time, Monday through Friday, 10 CFR 2.309(h)(2) a State, local allows the participant (or its counsel or excluding government holidays. governmental body, or Federally representative) to digitally sign Participants who believe that they recognized Indian Tribe, or agency submissions and access the E-Filing have a good cause for not submitting thereof does not need to address the system for any proceeding in which it documents electronically must file an standing requirements in 10 CFR is participating; and (2) advise the exemption request, in accordance with 2.309(d) if the facility is located within Secretary that the participant will be 10 CFR 2.302(g), with their initial paper its boundaries. Alternatively, a State, submitting a petition or other filing stating why there is good cause for local governmental body, Federally adjudicatory document (even in not filing electronically and requesting recognized Indian Tribe, or agency instances in which the participant, or its authorization to continue to submit thereof may participate as a non-party counsel or representative, already holds documents in paper format. Such filings under 10 CFR 2.315(c). an NRC issued digital ID certificate). must be submitted by: (1) First class If a petition is submitted, any person Based upon this information, the mail addressed to the Office of the who is not a party to the proceeding and Secretary will establish an electronic Secretary of the Commission, U.S. is not affiliated with or represented by docket for the hearing in this proceeding Nuclear Regulatory Commission, a party may, at the discretion of the if the Secretary has not already Washington, DC 20555–0001, Attention: presiding officer, be permitted to make established an electronic docket. Rulemaking and Adjudications Staff; or a limited appearance pursuant to the Information about applying for a (2) courier, express mail, or expedited provisions of 10 CFR 2.315(a). A person digital ID certificate is available on the delivery service to the Office of the making a limited appearance may make NRC’s public website at https:// Secretary, 11555 Rockville Pike, an oral or written statement of his or her www.nrc.gov/site-help/e-submittals/ Rockville, Maryland 20852, Attention: position on the issues but may not getting-started.html. Once a participant Rulemaking and Adjudications Staff. otherwise participate in the proceeding. has obtained a digital ID certificate and Participants filing adjudicatory A limited appearance may be made at a docket has been created, the documents in this manner are

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responsible for serving the document on have an NRC issued digital ID certificate constitute a Fair Use application, all other participants. Filing is as described above, click ‘‘cancel’’ when participants are requested not to include considered complete by first-class mail the link requests certificates and you copyrighted materials in their as of the time of deposit in the mail, or will be automatically directed to the submission. by courier, express mail, or expedited NRC’s electronic hearing dockets where The table below provides the plant delivery service upon depositing the you will be able to access any publicly name, docket number, date of document with the provider of the available documents in a particular service. A presiding officer, having hearing docket. Participants are application, ADAMS accession number, granted an exemption request from requested not to include personal and location in the application of the using E-Filing, may require a participant privacy information, such as social licensees’ proposed NSHC or party to use E-Filing if the presiding security numbers, home addresses, or determinations. For further details with officer subsequently determines that the personal phone numbers in their filings, respect to these license amendment reason for granting the exemption from unless an NRC regulation or other law applications, see the applications for use of E-Filing no longer exists. requires submission of such amendment, which are available for Documents submitted in adjudicatory information. For example, in some public inspection in ADAMS. For proceedings will appear in the NRC’s instances, individuals provide home additional direction on accessing electronic hearing docket which is addresses in order to demonstrate information related to this document, available to the public at https:// proximity to a facility or site. With see the ‘‘Obtaining Information and adams.nrc.gov/ehd, unless excluded respect to copyrighted works, except for Submitting Comments’’ section of this pursuant to an order of the Commission limited excerpts that serve the purpose document. or the presiding officer. If you do not of the adjudicatory filings and would

LICENSE AMENDMENT REQUEST(S)

Duke Energy Progress, LLC; Brunswick Steam Electric Plant, Units 1 and 2; Brunswick County, NC

Docket No(s) ...... 50–324, 50–325. Application date ...... February 23, 2021. ADAMS Accession No ...... ML21054A197. Location in Application of NSHC ...... Pages 5–6 of the Enclosure. Brief Description of Amendment(s) ...... The proposed amendments would increase the minimum boron solution storage tank volume requirements for the standby liquid control system. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address Kathryn B. Nolan, Deputy General Counsel, Duke Energy Corporation, 550 South Tryon Street (DEC45A), Charlotte, NC 28202. NRC Project Manager, Telephone Number ...... Andrew Hon, 301–415–8480.

Duke Energy Progress, LLC; Shearon Harris Nuclear Power Plant, Unit 1; Wake and Chatham Counties, NC

Docket No(s) ...... 50–400. Application date ...... January 14, 2021. ADAMS Accession No ...... ML21014A092. Location in Application of NSHC ...... Pages 14–16 of the Enclosure. Brief Description of Amendment(s) ...... The proposed amendment would revise the license condition associated with the adoption of 10 CFR 50.69, that was added to the Shearon Harris Nuclear Power Plant, Unit 1 facility op- erating license with issuance of Amendment No. 174 (ADAMS Accession No. ML19192A012). Specifically, the proposed change would revise the license condition to re- flect an alternative approach for evaluating the impact of the seismic hazard in the cat- egorization process. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address David Cummings, Associate General Counsel, Mail Code DEC45, 550 South Tryon Street, Charlotte NC 28202. NRC Project Manager, Telephone Number ...... Michael Mahoney, 301–415–3867.

Energy Harbor Nuclear Corp. and Energy Harbor Nuclear Generation LLC; Perry Nuclear Power Plant, Unit 1; Lake County, OH

Docket No(s) ...... 50–440. Application date ...... February 17, 2021. ADAMS Accession No ...... ML21049A031. Location in Application of NSHC ...... Pages 4–6 of the Enclosure. Brief Description of Amendment(s) ...... The proposed amendment would adopt Technical Specifications Task Force (TSTF) Traveler TSTF–230, Revision 1, ‘‘Add New Condition B to LCO [Limiting Condition for Operation] 3.6.2.3, ‘RHR [Residual Heat Removal] Suppression Pool Cooling,’ ’’ to allow two RHR sup- pression pool cooling subsystems to be inoperable for 8 hours. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address Rick Giannantonio, General Counsel, Energy Harbor Nuclear Corp., Mail Stop A–GO–15, 76 South Main Street, Akron, OH 44308. NRC Project Manager, Telephone Number ...... Scott Wall, 301–415–2855.

Energy Harbor Nuclear Corp. and Energy Harbor Nuclear Generation LLC; Perry Nuclear Power Plant, Unit 1; Lake County, OH

Docket No(s) ...... 50–440. Application date ...... March 5, 2021. ADAMS Accession No ...... ML21069A276.

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LICENSE AMENDMENT REQUEST(S)—Continued Location in Application of NSHC ...... Pages 4–5 of the Enclosure. Brief Description of Amendment(s) ...... The proposed amendment would modify Specification 3.8.3, ‘‘Diesel Fuel Oil, Lube Oil, and Starting Air,’’ by removing Surveillance Requirement (SR) 3.8.3.6 and placing it under li- censee control. The changes are consistent with Technical Specification Task Force (TSTF) Traveler TSTF–002–A, Revision 1, ‘‘Relocate the 10 Year Sediment Cleaning of the Fuel Oil Storage Tank to Licensee Control.’’ Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address Rick Giannantonio, General Counsel, Energy Harbor Nuclear Corp., Mail Stop A–GO–15, 76 South Main Street, Akron, OH 44308. NRC Project Manager, Telephone Number ...... Scott Wall, 301–415–2855.

Entergy Operations, Inc.; Arkansas Nuclear One, Units 1 and 2; Pope County, AR

Docket No(s) ...... 50–313, 50–368. Application date ...... February 8, 2021. ADAMS Accession No ...... ML21039A756. Location in Application of NSHC ...... Pages 23–24 of the Enclosure. Brief Description of Amendment(s) ...... The proposed amendments for Arkansas Nuclear One, Units 1 and 2 (ANO–1 and ANO–2) would revise the emergency cooling pond (ECP) technical specifications (TSs) (i.e., ANO–1 TS 3.7.8 and ANO–2 TS 3.7.4.1), to allow the ECP to remain operable on a one-time basis for up to 65 days to perform proactive upgrades to the ECP supply piping. These changes would allow the licensee the time to perform upgrades on the ECP piping from the ECP to the service water system intake bays prior to a spring outage for each unit. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address Anna Vinson Jones, Senior Counsel, Entergy Services, Inc., 101 Constitution Avenue NW, Suite 200 East, Washington, DC 20001. NRC Project Manager, Telephone Number ...... Thomas Wengert, 301–415–4037.

Exelon Generation Company, LLC; Clinton Power Station, Unit 1; DeWitt County, IL

Docket No(s) ...... 50–461. Application date ...... February 24, 2021. ADAMS Accession No ...... ML21055A822. Location in Application of NSHC ...... Pages 27–29 of Attachment 1. Brief Description of Amendment(s) ...... The proposed amendment would revise Technical Specification Section 5.5.13, ‘‘Primary Con- tainment Leakage Rate Testing Program,’’ to allow a one-time extension to the 15-year fre- quency of the Clinton Power Station, Unit 1, containment integrated leakage rate test (ILRT or Type A test). The proposed one-time change would permit the current ILRT interval of 15 years to be extended by 8 months. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address Tamra Domeyer, Associate General Counsel, Exelon Generation Company, LLC, 4300 Win- field Road, Warrenville, IL 60555. NRC Project Manager, Telephone Number ...... Joel Wiebe, 301–415–6606.

Exelon Generation Company, LLC; LaSalle County Station, Units 1 and 2; LaSalle County, IL

Docket No(s) ...... 50–373, 50–374. Application date ...... February 10, 2021. ADAMS Accession No ...... ML21041A490. Location in Application of NSHC ...... Pages 7–9 of Attachment 1. Brief Description of Amendment(s) ...... The proposed amendments would revise the LaSalle County Station (LSCS) technical speci- fications (TS) to incorporate the methodology in the Licensing Topical Report, ‘‘GNF CRDA Application Methodology,’’ NEDE–33885P–A, Revision 1, dated March 2020, by modifying LSCS TS Sections 3.1.3, ‘‘Control Rod Operability,’’ 3.1.6, ‘‘Rod Pattern Control,’’ and 3.3.2.1, ‘‘Control Rod Block Instrumentation,’’ to allow for greater flexibility in rod control op- erations during various stages of reactor power operation. Additionally, the proposed amendment would modify the requirements on control rod withdrawal order and conditions to protect against a postulated control rod drop accident during startup and low power condi- tions. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address Tamra Domeyer, Associate General Counsel, Exelon Generation Company, LLC, 4300 Win- field Road, Warrenville, IL 60555. NRC Project Manager, Telephone Number ...... Bhalchandra Vaidya, 301–415–3308.

Exelon Generation Company, LLC; Three Mile Island Nuclear Station, Unit 1; Dauphin County, PA

Docket No(s) ...... 50–289. Application date ...... December 16, 2020. ADAMS Accession No ...... ML20351A451. Location in Application of NSHC ...... Pages 42–45 of Attachment 1. Brief Description of Amendment(s) ...... The proposed amendment would revise the license conditions and technical specifications after the plant and spent fuel pool have been permanently defueled. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address Donald P. Ferraro, Assistant General Counsel, Exelon Generation Company, LLC, 200 Exelon Way, Suite 305, Kennett Square, PA 19348.

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LICENSE AMENDMENT REQUEST(S)—Continued NRC Project Manager, Telephone Number ...... Ted Smith, 301–415–6721.

Exelon Generation Company, LLC; Three Mile Island Nuclear Station, Unit 1; Dauphin County, PA

Docket No(s) ...... 50–289. Application date ...... March 4, 2021. ADAMS Accession No ...... ML21063A446. Location in Application of NSHC ...... Pages 14–16 of Attachment 1. Brief Description of Amendment(s) ...... The proposed amendment would revise Renewed Facility License No. DPR–50. Specifically, the amendment would revise the site emergency plan and Emergency Action Level scheme for the permanently defueled condition after all irradiated fuel has been transferred from the spent fuel pools (SFPs) to the Independent Spent Fuel Storage Installation. This proposed change would permit specific reductions in the size and makeup of the Emergency Re- sponse Organization due to the elimination of the design basis accident related to the spent fuel based on the complete removal of all irradiated fuel from the SFPs. The proposed changes are necessary to properly reflect the conditions of the facility while continuing to preserve the Decommissioning Trust Fund and the effectiveness of the emergency plan. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address Donald P. Ferraro, Assistant General Counsel, Exelon Generation Company, LLC, 200 Exelon Way, Suite 305, Kennett Square, PA 19348. NRC Project Manager, Telephone Number ...... Theodore Smith, 301–415–6721.

Florida Power & Light Company, et al.; St. Lucie Plant, Units 1 and 2; St. Lucie County, FL

Docket No(s) ...... 50–335, 50–389. Application date ...... December 21, 2020. ADAMS Accession No ...... ML20356A162. Location in Application of NSHC ...... Pages 15–16 of the Enclosure. Brief Description of Amendment(s) ...... The proposed amendments would revise the operating licenses and technical specifications to permit the application of risk-informed completion times for the 120-Volt Alternating Current Instrument Bus requirements, consistent with Technical Specifications Task Force (TSTF) Traveler TSTF–505, Revision 2, ‘‘Provide Risk-Informed Extended Completion Times RITSTF Initiative 4b.’’ Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address Steven Hamrick, Managing Attorney—Nuclear, Florida Power and Light Company, P.O. Box 14000, Juno Beach, FL 33408–0420. NRC Project Manager, Telephone Number ...... Natreon Jordan, 301–415–7410.

Holtec Decommissioning International, LLC; Oyster Creek Nuclear Generating Station; Forked River, NJ

Docket No(s) ...... 50–219. Application date ...... March 16, 2021. ADAMS Accession No ...... ML21075A337. Location in Application of NSHC ...... Pages 32–34 of Enclosure 1. Brief Description of Amendment(s) ...... The proposed amendment would revise the Renewed Facility Operating License No. DPR–16 and associated technical specifications (TS) to reflect removal of all spent nuclear fuel from the spent fuel pool and its transfer to dry cask storage within a site controlled Independent Spent Fuel Storage Installation. The proposed changes include recognition of the approved Holtec Decommissioning International, LLC Decommissioning Quality Assurance Plan and relocation of specific existing TS Administrative Controls from Permanently Defueled Tech- nical Specifications to the Defueled Safety Analysis Report. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address Erin Connolly, Corporate Counsel—Legal, Holtec International, Krishna P. Singh Technology Campus, 1 Holtec Blvd., Camden, NJ 08104. NRC Project Manager, Telephone Number ...... Zahira Cruz Perez, 301–415–3808.

Holtec Pilgrim, LLC and Holtec Decommissioning International; Pilgrim Nuclear Power Station; Plymouth County, MA

Docket No(s) ...... 50–293. Application date ...... February 18, 2021. ADAMS Accession No ...... ML21049A192. Location in Application of NSHC ...... Pages 17–19 of Enclosure 1. Brief Description of Amendment(s) ...... The proposed amendment would revise the Pilgrim Nuclear Power Station (PNPS) Emergency Plan and associated emergency action level (EAL) scheme to comport with the require- ments for a facility configuration with all spent nuclear fuel in dry storage within an Inde- pendent Spent Fuel Storage Installation (ISFSI). The Holtec Decommissioning International staff explains that the reason for this proposed amendment request is to obtain NRC ap- proval of the PNPS ISFSI Only Emergency Plan and associated EAL scheme and that the proposed changes are being submitted to the NRC for approval prior to implementation, as required under 10 CFR 50.54(q)(4). Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address Erin Connolly, Corporate Counsel—Legal, Holtec International, Krishna P. Singh Technology Campus, 1 Holtec Blvd., Camden, NJ 08104. NRC Project Manager, Telephone Number ...... Amy Snyder, 301–415–6822.

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LICENSE AMENDMENT REQUEST(S)—Continued Holtec Pilgrim, LLC and Holtec Decommissioning International; Pilgrim Nuclear Power Station; Plymouth County, MA

Docket No(s) ...... 50–293. Application date ...... March 17, 2021. ADAMS Accession No ...... ML21076A404. Location in Application of NSHC ...... Pages 30–32 of Enclosure 1. Brief Description of Amendment(s) ...... The proposed amendment would revise the 10 CFR part 50 facility license and the technical specifications to reflect removal of all spent nuclear fuel from the spent fuel pool and its transfer to dry cask storage within a site controlled Independent Spent Fuel Storage Installa- tion. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address Erin Connolly, Corporate Counsel—Legal, Holtec International, Krishna P. Singh Technology Campus, 1 Holtec Blvd., Camden, NJ 08104. NRC Project Manager, Telephone Number ...... Amy Snyder, 301–415–6822.

NextEra Energy Duane Arnold, LLC; Duane Arnold Energy Center; Linn County, IA

Docket No(s) ...... 50–331. Application date ...... February 19, 2021. ADAMS Accession No ...... ML21050A189. Location in Application of NSHC ...... Pages 25–28 of the Enclosure. Brief Description of Amendment(s) ...... The proposed amendment would revise the Duane Arnold operating license and technical specifications (TS) to reflect removal of all spent nuclear fuel from the spent fuel pool (SFP) and its transfer to dry cask storage within the Independent Spent Fuel Storage Installation (ISFSI). The proposed changes include the relocation of administrative controls from the Duane Arnold Energy Center (DAEC) TS to the DAEC Quality Assurance Topical Report. The proposed license amendment would not be implemented until after the licensee pro- vides notification to the NRC that all spent nuclear fuel has been transferred out of the SFP and placed within the ISFSI, which is expected to occur in 2022. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address Steven Hamrick, Managing Attorney—Nuclear, Florida Power and Light Company, P.O. Box 14000, Juno Beach, FL 33408–0420. NRC Project Manager, Telephone Number ...... Marlayna Doell, 301–415–3178.

Pacific Gas and Electric Company; Humboldt Bay Power Plant Unit 3; Humboldt County, CA

Docket No(s) ...... 50–133. Application date ...... February 8, 2021. ADAMS Accession No ...... ML21039A515. Location in Application of NSHC ...... Pages 8–10 of the Enclosure. Brief Description of Amendment(s) ...... The proposed amendment would revise the License Termination Plan (LTP). The proposed re- visions to the LTP include (1) deleting information associated with developing surrogate ra- tios; (2) deleting the deselection process currently described in LTP, Section 6.2.5; and (3) adding a new methodology for determining dose contribution from deselected hard-to-detect radionuclides. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address Jennifer Post, Esq., Pacific Gas and Electric Co., 77 Beale Street, Room 3065, Mail Code B30A, San Francisco, CA 94105. NRC Project Manager, Telephone Number ...... Amy Snyder, 301–415–6822.

Tennessee Valley Authority; Watts Bar Nuclear Plant, Unit 2; Rhea County, TN

Docket No(s) ...... 50–391. Application date ...... March 2, 2021. ADAMS Accession No ...... ML21061A346. Location in Application of NSHC ...... Pages 6–7 of the Enclosure. Brief Description of Amendment(s) ...... The proposed amendment would revise the Watts Bar Nuclear Plant dual-unit Updated Final Safety Analysis Report Section 15.5.5 dose analysis inputs and results for the steam gener- ator tube rupture accident to reflect the installation of the Unit 2 replacement steam genera- tors. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address David Fountain, Executive VP and General Counsel, Tennessee Valley Authority, 400 West Summit Hill Drive, WT 6A, Knoxville, TN 37902. NRC Project Manager, Telephone Number ...... Kimberly Green, 301–415–1627.

III. Notice of Issuance of Amendments The Commission has determined for The Commission has made appropriate to Facility Operating Licenses and each of these amendments that the findings as required by the Act and the Combined Licenses application complies with the standards Commission’s rules and regulations in and requirements of the Atomic Energy 10 CFR chapter I, which are set forth in During the period since publication of Act of 1954, as amended (the Act), and the license amendment. the last monthly notice, the Commission the Commission’s rules and regulations. A notice of consideration of issuance has issued the following amendments. of amendment to facility operating

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license or combined license, as impact statement or environmental evaluation, which may be obtained applicable, proposed NSHC assessment need be prepared for these using the ADAMS accession numbers determination, and opportunity for a amendments. If the Commission has indicated in the table below. The safety hearing in connection with these prepared an environmental assessment evaluation will provide the ADAMS actions, was published in the Federal under the special circumstances accession numbers for the application Register as indicated in the safety provision in 10 CFR 51.22(b) and has for amendment and the Federal Register evaluation for each amendment. made a determination based on that citation for any environmental Unless otherwise indicated, the assessment, it is so indicated in the assessment. All of these items can be Commission has determined that these safety evaluation for the amendment. accessed as described in the ‘‘Obtaining amendments satisfy the criteria for For further details with respect to Information and Submitting Comments’’ categorical exclusion in accordance each action, see the amendment and section of this document. with 10 CFR 51.22. Therefore, pursuant associated documents such as the to 10 CFR 51.22(b), no environmental Commission’s letter and safety

LICENSE AMENDMENT ISSUANCE(S)

Dominion Energy Nuclear Connecticut, Inc.; Millstone Power Station, Unit 3; New London County, CT

Docket No(s) ...... 50–423. Amendment Date ...... March 25, 2021. ADAMS Accession No ...... ML21043A162. Amendment No(s) ...... 278. Brief Description of Amendment(s) ...... The amendment revised Millstone 3 Technical Specification Surveillance Requirements 4.8.2.1.b.2 and 4.8.2.1.c.3 by adding a new acceptance criterion to verify the total battery connection resistance is within preestablished limits to ensure that the intended design func- tions are met. Public Comments Received as to Proposed No. NSHC (Yes/No).

Duke Energy Carolinas, LLC; Oconee Nuclear Station, Units 1, 2, and 3; Oconee County, SC

Docket No(s) ...... 50–269, 50–270, 50–287. Amendment Date ...... March 15, 2021. ADAMS Accession No ...... ML21006A098. Amendment No(s) ...... 421 (Unit 1), 423 (Unit 2), and 422 (Unit 3). Brief Description of Amendment(s) ...... The amendments revised the current Oconee licensing basis in the updated final safety anal- ysis report with regards to high energy line breaks outside of the containment building for Oconee, Units 1, 2, and 3. Public Comments Received as to Proposed No. NSHC (Yes/No).

Duke Energy Progress, LLC; Brunswick Steam Electric Plant, Units 1 and 2; Brunswick County, NC

Docket No(s) ...... 50–324, 50–325. Amendment Date ...... March 18, 2021. ADAMS Accession No ...... ML20309A784. Amendment No(s) ...... 304 (Unit 1) and 332 (Unit 2). Brief Description of Amendment(s) ...... The amendments adopted Technical Specifications Task Force (TSTF) Traveler TSTF–566, ‘‘Revise Actions for Inoperable RHR Shutdown Cooling Subsystems.’’ The amendments re- vised Technical Specification (TS) 3.4.7, ‘‘Residual Heat Removal (RHR) Shutdown Cooling System—Hot Shutdown,’’ and TS 3.4.8, ‘‘Residual Heat Removal (RHR) Shutdown Cooling System—Cold Shutdown.’’ Public Comments Received as to Proposed No. NSHC (Yes/No).

Duke Energy Progress, LLC; Brunswick Steam Electric Plant, Units 1 and 2; Brunswick County, NC

Docket No(s) ...... 50–324, 50–325. Amendment Date ...... March 4, 2021. ADAMS Accession No ...... ML20342A347. Amendment No(s) ...... 303 (Unit 1) and 331 (Unit 2). Brief Description of Amendment(s) ...... The amendments adopted Technical Specifications Task Force (TSTF) Traveler TSTF–582, ‘‘RPV [Reactor Pressure Vessel] WIC [Water Inventory Control] Enhancements.’’ Public Comments Received as to Proposed No. NSHC (Yes/No).

Duke Energy Progress, LLC; Shearon Harris Nuclear Power Plant, Unit 1; Wake and Chatham Counties, NC

Docket No(s) ...... 50–400. Amendment Date ...... March 16, 2021. ADAMS Accession No ...... ML21035A132. Amendment No(s) ...... 182.

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LICENSE AMENDMENT ISSUANCE(S)—Continued Brief Description of Amendment(s) ...... The amendment revised Technical Specification (TS) 3.3.3.6, ‘‘Accident Monitoring Instrumen- tation,’’ to change the allowed outage time for inoperable post-accident monitoring (PAM) in- strumentation in Action Statements ‘‘a’’ and ‘‘b,’’ replaced the shutdown requirement in Ac- tion Statement ‘‘a’’, for inoperable PAM instruments when the minimum required channels are operable, with a requirement to submit a Special Report to the NRC within 14 days of exceeding the completion time, delete Action Statements ‘‘d’’ and ‘‘e,’’ and add a Note that allows a separate entry for each instrument function. The amendment also revised TS 3.9.2, ‘‘Instrumentation,’’ to remove the audible indication requirement in Mode 6, as well as relo- cate the requirements for electrical equipment protective devices in TS 3.8.4.1, ‘‘Contain- ment Penetration Conductor Overcurrent Protective Devices,’’ and TS 3.8.4.2, ‘‘Motor Oper- ated Valves Thermal Overload Protection,’’ from TSs to licensee-controlled procedure PLP– 106, ‘‘Technical Specification Equipment List Program.’’ Additionally, the amendment also revised the Note in TS 3.9.2 to allow for the substitution of Wide Range Neutron Flux Mon- itors for both of the Source Range Neutron Flux Monitors required to be operable while in Mode 6. Public Comments Received as to Proposed No. NSHC (Yes/No).

Duke Energy Progress, LLC; Shearon Harris Nuclear Power Plant, Unit 1; Wake and Chatham Counties, NC

Docket No(s) ...... 50–400. Amendment Date ...... March 22, 2021. ADAMS Accession No ...... ML21033B007. Amendment No(s) ...... 183. Brief Description of Amendment(s) ...... The amendment revised Shearon Harris Nuclear Power Plant, Unit 1 Technical Specification (TS) 3/4.4.9, ‘‘Pressure/Temperature Limits—Reactor Coolant System,’’ to reflect an update to the pressure and temperature limit curves in TS Figures 3.4–2, ‘‘Reactor Coolant System Cooldown Limitations’’ and 3.4–3, ‘‘Reactor Coolant System Heatup Limitations.’’ The amendment also reflects that the revised pressure and temperature limit curves in TS Fig- ures 3.4–2 and 3.4–3 will be applicable until 55 effective full power years (EFPY) and re- vised TS Figure 3.4–4, ‘‘Maximum Allowed [Power Operated Relief Valve] PORV Setpoint for the Low Temperature Overpressure Protection System,’’ to reflect that the setpoint val- ues are based on 55 EFPY reactor vessel data. Public Comments Received as to Proposed No. NSHC (Yes/No).

Energy Harbor Nuclear Corp. and Energy Harbor Nuclear Generation LLC; Beaver Valley Power Station, Unit 1; Beaver County, PA

Docket No(s) ...... 50–334. Amendment Date ...... March 22, 2021. ADAMS Accession No ...... ML21070A000. Amendment No(s) ...... 310. Brief Description of Amendment(s) ...... The amendment revised Technical Specification 5.5.5.1, ‘‘Unit 1 SG [Steam Generator] Pro- gram,’’ paragraph d.2 to defer the spring 2021 refueling outage (1R27) SG inspections to the fall 2022 refueling outage (1R28). Public Comments Received as to Proposed No. NSHC (Yes/No).

Energy Harbor Nuclear Corp. and Energy Harbor Nuclear Generation LLC; Beaver Valley Power Station, Units 1 and 2; Beaver County, PA

Docket No(s) ...... 50–334, 50–412. Amendment Date ...... March 10, 2021. ADAMS Accession No ...... ML20346A022. Amendment No(s) ...... 309 (Unit 1) and 199 (Unit 2). Brief Description of Amendment(s) ...... The amendments revised the technical specifications (TSs) to implement new surveillance methods for the heat flux hot channel factor. Specifically, the amendments corrected non- conservative TS 3.2.1 to ensure that plant operation will remain bounded by the facility safe- ty analyses. The list of NRC-approved analytical methods for the core operating limits in TS 5.6.3 was also updated. Public Comments Received as to Proposed No. NSHC (Yes/No).

Entergy Louisiana, LLC, and Entergy Operations, Inc.; River Bend Station, Units 1 and 2; West Feliciana Parish, LA; Entergy Oper- ations, Inc., System Energy Resources, Inc., Cooperative Energy, A Mississippi Electric Cooperative, and Entergy Mississippi, LLC; Grand Gulf Nuclear Station, Unit 1; Claiborne County, MS

Docket No(s) ...... 50–416, 50–458. Amendment Date ...... March 4, 2021. ADAMS Accession No ...... ML21040A292. Amendment No(s) ...... Grand Gulf—228 and River Bend—206.

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LICENSE AMENDMENT ISSUANCE(S)—Continued Brief Description of Amendment(s) ...... The amendments revised the technical specifications (TSs) to adopt Technical Specifications Task Force (TSTF) Traveler TSTF–501, ‘‘Relocate Stored Fuel Oil and Lube Oil Volume Values to Licensee Control,’’ Revision 1 (ADAMS Accession Nos. ML090510686 and ML100850094), for Grand Gulf Nuclear Station, Unit 1 (Grand Gulf), and River Bend Station, Unit 1 (River Bend). The amendments revised Grand Gulf and River Bend TS 3.8.3, ‘‘Diesel Fuel Oil, Lube Oil, and Starting Air,’’ by removing the current stored diesel fuel oil and lube oil numerical volume requirements from the TSs and placing them in the TS Bases so that they may be modified under licensee control. The TSs are also revised such that the stored diesel fuel oil and lube oil inventory would require that a 7-day supply be available for each diesel generator at Grand Gulf and River Bend. Corresponding surveillance requirements and TS Bases are also revised to reflect the above changes. Public Comments Received as to Proposed No. NSHC (Yes/No).

Entergy Operations, Inc.; Arkansas Nuclear One, Unit 1; Pope County, AR

Docket No(s) ...... 50–313. Amendment Date ...... March 10, 2021. ADAMS Accession No ...... ML21040A513. Amendment No(s) ...... 271. Brief Description of Amendment(s) ...... The amendment revised the current loss of voltage relay allowable values contained in Arkan- sas Nuclear One, Unit 1 Technical Specification 3.3.8, ‘‘Diesel Generator (DG) Loss of Power Start (LOPS),’’ to address, in part, information contained in NRC Regulatory Issue Summary 2011–12, ‘‘Adequacy of Station Electric Distribution System Voltages,’’ Revision 1, dated December 29, 2011. Public Comments Received as to Proposed No. NSHC (Yes/No).

Entergy Operations, Inc.; Arkansas Nuclear One, Unit 1; Pope County, AR

Docket No(s) ...... 50–313. Amendment Date ...... March 23, 2021. ADAMS Accession No ...... ML21027A428. Amendment No(s) ...... 272. Brief Description of Amendment(s) ...... The amendment modified Arkansas Nuclear One, Unit 1, Technical Specifications 3.3.6, ‘‘En- gineered Safeguards Actuation System (ESAS) Manual Initiation,’’ and 3.6.6, ‘‘Spray Addi- tive System.’’ Specifically, the amendment replaced the current reactor building spray so- dium hydroxide additive with a passive reactor building sump buffering agent, sodium tetraborate decahydrate. Public Comments Received as to Proposed No. NSHC (Yes/No).

Exelon Generation Company, LLC; Braidwood Station, Units 1 and 2; Will County, IL

Docket No(s) ...... 50–456, 50–457. Amendment Date ...... March 10, 2021. ADAMS Accession No ...... ML21054A008. Amendment No(s) ...... 220 (Unit 1) and 220 (Unit 2). Brief Description of Amendment(s) ...... The amendments revised Technical Specification (TS) 5.5.9, ‘‘Steam Generator (SG) Pro- gram,’’ for a one-time revision to the frequency for Unit 1 SG tube inspections to allow de- ferral of the TS required inspections until the next Unit 1 refueling outage. In addition, the amendments increment the amendment number for Unit 2 because the Unit 2 TS are on the same TS page as Unit 1. Public Comments Received as to Proposed No. NSHC (Yes/No).

Indiana Michigan Power Company; Donald C. Cook Nuclear Plant, Unit 2; Berrien County, MI

Docket No(s) ...... 50–316. Amendment Date ...... March 23, 2021. ADAMS Accession No ...... ML21062A188. Amendment No(s) ...... 339. Brief Description of Amendment(s) ...... The amendment revised Technical Specification 5.5.14, ‘‘Containment Leakage Rate Testing Program,’’ to extend the primary containment integrated leak rate test, or Type A test, inter- val at the Donald C. Cook Nuclear Plant, Unit No. 2. Specifically, the amendment allows for a one-time extension of the current 15-year integrated leak rate test interval by approxi- mately 18 months and no later than the plant startup after the fall 2022 refueling outage. Public Comments Received as to Proposed No. NSHC (Yes/No).

Nebraska Public Power District; Cooper Nuclear Station; Nemaha County, NE

Docket No(s) ...... 50–298. Amendment Date ...... March 29, 2021. ADAMS Accession No ...... ML21040A300.

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LICENSE AMENDMENT ISSUANCE(S)—Continued Amendment No(s) ...... 269. Brief Description of Amendment(s) ...... The amendment revised the current emergency action level scheme to one based on Nuclear Energy Institute (NEI) guidance in NEI 99–01, Revision 6, ‘‘Development of Emergency Ac- tion Levels for Non-Passive Reactors,’’ dated November 2012, which was endorsed by the NRC in a letter dated March 28, 2013. Public Comments Received as to Proposed No. NSHC (Yes/No).

Nine Mile Point Nuclear Station, LLC and Exelon Generation Company, LLC; Nine Mile Point Nuclear Station, Unit 1; Oswego County, NY

Docket No(s) ...... 50–220. Amendment Date ...... March 16, 2021. ADAMS Accession No ...... ML21077A015 (package). Amendment No(s) ...... 245. Brief Description of Amendment(s) ...... The amendment revised the primary containment isolation valves surveillance frequency from testing each instrument-line flow check valve to testing a representative sample of approxi- mately 20 percent of the instrument-line flow check valves for each operating cycle with each instrument-line flow check valve being tested at least once every 10 years. Public Comments Received as to Proposed No. NSHC (Yes/No).

Northern States Power Company—Minnesota; Prairie Island Nuclear Generating Plant, Units 1 and 2; Goodhue County, MN

Docket No(s) ...... 50–282, 50–306. Amendment Date ...... March 15, 2021. ADAMS Accession No ...... ML20346A020. Amendment No(s) ...... 235 (Unit 1) and 223 (Unit 2). Brief Description of Amendment(s) ...... The amendments modified technical specification requirements to permit the use of Risk-In- formed Completion Times in accordance with Technical Specifications Task Force (TSTF) Traveler TSTF–505, Revision 2, ‘‘Provide Risk-Informed Extended Completion Times— RITSTF Initiative 4b.’’ Public Comments Received as to Proposed No. NSHC (Yes/No).

Northern States Power Company—Minnesota; Prairie Island Nuclear Generating Plant, Units 1 and 2; Goodhue County, MN

Docket No(s) ...... 50–282, 50–306. Amendment Date ...... March 19, 2021. ADAMS Accession No ...... ML21008A001. Amendment No(s) ...... 236 (Unit 1) and 224 (Unit 2). Brief Description of Amendment(s) ...... The amendments modified the technical specifications (TSs) to remove Note 1 from both TS 3.4.12, ‘‘Low Temperature Overpressure Protection (LTOP)¥Reactor Coolant System Cold Leg Temperature (RCSCLT) > Safety Injection (SI) Pump Disable Temperature,’’ and TS Limiting Condition for Operation 3.4.13, ‘‘Low Temperature Overpressure Protection (LTOP)¥Reactor Coolant System Cold Leg Temperature (RCSCLT) ≤ Safety Injection (SI) Pump Disable Temperature.’’ Public Comments Received as to Proposed No. NSHC (Yes/No).

PSEG Nuclear LLC; Hope Creek Generating Station; Salem County, NJ

Docket No(s) ...... 50–354. Amendment Date ...... March 10, 2021. ADAMS Accession No ...... ML21047A313. Amendment No(s) ...... 226. Brief Description of Amendment(s) ...... The amendment revised Technical Specification 3/4.5.1, ‘‘ECCS [Emergency Core Cooling System]—Operating,’’ Limiting Condition for Operation 3.5.1, Action c, to clarify the entry conditions for the action and to add a new action to address the condition where the high pressure coolant injection system is inoperable, coincident with inoperability of a low pres- sure coolant injection subsystem and a core spray system subsystem. Public Comments Received as to Proposed No. NSHC (Yes/No).

PSEG Nuclear LLC; Hope Creek Generating Station; Salem County, NJ

Docket No(s) ...... 50–354. Amendment Date ...... March 12, 2021. ADAMS Accession No ...... ML21050A002. Amendment No(s) ...... 227. Brief Description of Amendment(s) ...... The amendment adopted Technical Specifications Task Force (TSTF) Traveler TSTF–582, ‘‘RPV [Reactor Pressure Vessel] WIC [Water Inventory Control] Enhancements.’’ The tech- nical specifications related to RPV WIC were revised to incorporate operating experience and to correct errors and omissions in TSTF–542, Revision 2, ‘‘Reactor Pressure Vessel Water Inventory Control.’’

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LICENSE AMENDMENT ISSUANCE(S)—Continued Public Comments Received as to Proposed No. NSHC (Yes/No).

R. E. Ginna Nuclear Power Plant, LLC and Exelon Generation Company, LLC; R. E. Ginna Nuclear Power Plant; Wayne County, NY

Docket No(s) ...... 50–244. Amendment Date ...... March 11, 2021. ADAMS Accession No ...... ML20353A126. Amendment No(s) ...... 144. Brief Description of Amendment(s) ...... The amendment revised Technical Specification (TS) 3.3.1, ‘‘Reactor Trip System (RTS) In- strumentation,’’ and TS 3.3.2, ‘‘Engineered Safety Feature Actuation System (ESFAS) In- strumentation.’’ These changes are based on Westinghouse topical reports WCAP–14333– P–A, Revision 1, ‘‘Probabilistic Risk Analysis of the RPS and ESFAS Test Times and Com- pletion Times,’’ and WCAP–15376–P–A, Revision 1, ‘‘Risk-Informed Assessment of the RTS and ESFAS Surveillance Test Intervals and Reactor Trip Breaker Test and Completion Times,’’ and are consistent with NRC approved Technical Specifications Task Force (TSTF) Travelers TSTF–411–A, Revision 1, ‘‘Surveillance Test Interval Extensions for Components of the Reactor Protection System (WCAP–15376–P),’’ and TSTF–418–A, Revision 2, ‘‘RPS and ESFAS Test Times and Completion Times (WCAP–14333).’’ Public Comments Received as to Proposed No. NSHC (Yes/No).

Susquehanna Nuclear, LLC and Allegheny Electric Cooperative, Inc.; Susquehanna Steam Electric Station, Units 1 and 2; Luzerne County, PA

Docket No(s) ...... 50–387, 50–388. Amendment Date ...... March 10, 2021. ADAMS Accession No ...... ML20317A314. Amendment No(s) ...... 280 (Unit 1) and 262 (Unit 2). Brief Description of Amendment(s) ...... The amendments revised Technical Specification 3.8.1, ‘‘AC [Alternating Current] Sources— Operating.’’ Specifically, the amendments create a new technical specification action for an inoperable manual synchronization circuit requiring restoration within 14 days. Public Comments Received as to Proposed No. NSHC (Yes/No).

Tennessee Valley Authority; Watts Bar Nuclear Plant, Unit 1; Rhea County, TN

Docket No(s) ...... 50–390. Amendment Date ...... March 9, 2021. ADAMS Accession No ...... ML21015A034. Amendment No(s) ...... 144. Brief Description of Amendment(s) ...... The amendment revised Technical Specification 3.3.3, ‘‘Post Accident Monitoring (PAM) In- strumentation,’’ Table 3.3.3–1, to delete the term ‘‘plasma’’ from the footnotes in the PAM in- strumentation table. Public Comments Received as to Proposed No. NSHC (Yes/No).

Tennessee Valley Authority; Watts Bar Nuclear Plant, Units 1 and 2; Rhea County, TN

Docket No(s) ...... 50–390, 50–391. Amendment Date ...... February 26, 2021. ADAMS Accession No ...... ML21034A169. Amendment No(s) ...... 143 (Unit 1) and 50 (Unit 2). Brief Description of Amendment(s) ...... The amendments revised the Watts Bar Units 1 and 2, Technical Specification (TS) 5.9.5, ‘‘Core Operating Limits Report,’’ to replace the loss-of-coolant accident (LOCA) analysis evaluation model references with reference to the FULL SPECTRUMTM Loss-of-Coolant Ac- cident (FSLOCATM) Evaluation Model analysis. The amendments also revised the Watts Bar, Unit 2, Operating License Condition 2.C(4) to reflect the implementation of the FSLOCA Evaluation Model methodology, and the Watts Bar, Unit 1 TS 4.2.1, ‘‘Fuel Assemblies,’’ to delete discussion of Zircalloy fuel rods. Additionally, the amendments approved the use of the new LOCA-specific tritium producing burnable absorber rod (TPBAR) stress analysis methodology to evaluate the integrity of the TPBARs for the conditions expected during a large-break LOCA and provide a recovery of margin in the post-LOCA criticality evaluation in the presence of assumed TPBAR failures. Public Comments Received as to Proposed No. NSHC (Yes/No).

Union Electric Company; Callaway Plant, Unit 1; Callaway County, MO

Docket No(s) ...... 50–483. Amendment Date ...... March 24, 2021. ADAMS Accession No ...... ML21053A126. Amendment No(s) ...... 225.

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LICENSE AMENDMENT ISSUANCE(S)—Continued Brief Description of Amendment(s) ...... The amendment revised Technical Specification (TS) Administrative Control (AC) 5.3.1, under TS 5.3, ‘‘Unit Staff Qualifications,’’ and deleted TS AC 5.3.1.1 and TS AC 5.3.1.2 to remove details specified for the qualification of certain positions within the unit staff that are already specified in the Operating Quality Assurance Manual. Public Comments Received as to Proposed No. NSHC (Yes/No).

IV. Previously Published Notices of notices. They were published as For details, including the applicable Consideration of Issuance of individual notices either because time notice period, see the individual notice Amendments to Facility Operating did not allow the Commission to wait in the Federal Register on the day and Licenses and Combined Licenses, for this monthly notice or because the page cited. Proposed No Significant Hazards action involved exigent circumstances. Consideration Determination, and They are repeated here because the Opportunity for a Hearing monthly notice lists all amendments The following notices were previously issued or proposed to be issued published as separate individual involving NSHC.

LICENSE AMENDMENT REQUEST(S)—REPEAT OF INDIVIDUAL Federal Register NOTICE

Dominion Energy Nuclear Connecticut, Inc.; Millstone Power Station, Unit 3; New London County, CT

Docket No(s) ...... 50–423. Application Date ...... November 19, 2020. ADAMS Accession No ...... ML20324A703. Brief Description of Amendment(s) ...... The proposed amendment would revise the renewed facility operating license and technical specifications to support a measurement uncertainty recapture power uprate from 3,650 megawatts thermal (MWt) to 3,709 MWt. The proposed amendment was previously noticed on January 26, 2021 (86 FR 7115), and is being re-noticed to include the instructions for re- questing access to sensitive unclassified non-safeguards information. Date & Cite of Federal Register Individual No- April 1, 2021 (86 FR 17211). tice. Expiration Dates for Public Comments & Hear- May 3, 2021 (Public Comments); June 1, 2021 (Hearing Requests). ing Requests.

Tennessee Valley Authority; Watts Bar Nuclear Plant, Unit 2; Rhea County, TN

Docket No(s) ...... 50–391. Application Date ...... February 25, 2021. ADAMS Accession No ...... ML21056A623. Brief Description of Amendment(s) ...... The proposed amendment would revise the Watts Bar Updated Final Safety Analysis Report (UFSAR) to apply a temperature adjustment to the growth rate calculation used to determine the end-of-cycle distribution of indications of axial outer diameter stress corrosion cracking at steam generator tube support plates in support of the Watts Bar, Unit 2 operational as- sessment. The proposed revision to the UFSAR would apply to Unit 2 only. Date & Cite of Federal Register Individual No- March 24, 2021 (86 FR 15727). tice. Expiration Dates for Public Comments & Hear- April 23, 2021 (Public Comments); May 24, 2021 (Hearing Requests). ing Requests.

Dated: April 9, 2021. PLACE: Commissioners’ Conference Week of May 10, 2021—Tentative For the Nuclear Regulatory Commission. Room, 11555 Rockville Pike, Rockville, Craig G. Erlanger, Maryland. There are no meetings scheduled for the week of May 10, 2021. Director, Division of Operating Reactor STATUS: Public. Licensing, Office of Nuclear Reactor Week of May 17, 2021—Tentative Regulation. MATTERS TO BE CONSIDERED: [FR Doc. 2021–07632 Filed 4–19–21; 8:45 am] Week of April 19, 2021 There are no meetings scheduled for BILLING CODE 7590–01–P the week of May 17, 2021. There are no meetings scheduled for the week of April 19, 2021. Week of May 24, 2021—Tentative NUCLEAR REGULATORY Week of April 26, 2021—Tentative Tuesday, May 25, 2021 COMMISSION There are no meetings scheduled for 9:00 a.m. Strategic Programmatic [NRC–2021–0001] the week of April 26, 2021. Overview of the Fuel Facilities and the Spent Fuel Storage and Sunshine Act Meetings Week of May 3, 2021—Tentative Transportation Business Lines TIME AND DATE: Weeks of April 19, 26, There are no meetings scheduled for (Public Meeting) (Contact: Damaris May 3, 10, 17, 24, 2021. the week of May 3, 2021. Marcano: 301–415–7328)

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Additional Information: Due to Management and Budget (OMB) for • NRC’s Clearance Officer: A copy of COVID–19, there will be no physical review. The information collection is the collection of information and related public attendance. The public is invited entitled, ‘‘Reactor Site Criteria.’’ instructions may be obtained without to attend the Commission’s meeting live DATES: Submit comments by May 20, charge by contacting the NRC’s by webcast at the Web address—https:// 2021. Comments received after this date Clearance Officer, David Cullison, video.nrc.gov/. will be considered if it is practical to do Office of the Chief Information Officer, CONTACT PERSON FOR MORE INFORMATION: so, but the Commission is able to ensure U.S. Nuclear Regulatory Commission, For more information or to verify the consideration only for comments Washington, DC 20555–0001; telephone: status of meetings, contact Wesley Held received on or before this date. 301–415–2084; email: at 301–287–3591 or via email at ADDRESSES: Written comments and [email protected]. [email protected]. The schedule for recommendations for the proposed B. Submitting Comments Commission meetings is subject to information collection should be sent The NRC cautions you not to include change on short notice. within 30 days of publication of this The NRC Commission Meeting identifying or contact information in notice to https://www.reginfo.gov/ comment submissions that you do not Schedule can be found on the internet public/do/PRAMain. Find this at: https://www.nrc.gov/public-involve/ want to be publicly disclosed in your particular information collection by comment submission. All comment public-meetings/schedule.html. selecting ‘‘Currently under Review— The NRC provides reasonable submissions are posted at https:// Open for Public Comments’’ or by using www.regulations.gov/ and entered into accommodation to individuals with the search function. disabilities where appropriate. If you ADAMS. Comment submissions are not FOR FURTHER INFORMATION CONTACT: need a reasonable accommodation to routinely edited to remove identifying participate in these public meetings or David Cullison, NRC Clearance Officer, or contact information. need this meeting notice or the U.S. Nuclear Regulatory Commission, If you are requesting or aggregating transcript or other information from the Washington, DC 20555–0001; telephone: comments from other persons for public meetings in another format (e.g., 301–415–2084; email: submission to the OMB, then you braille, large print), please notify Anne [email protected]. should inform those persons not to Silk, NRC Disability Program Specialist, SUPPLEMENTARY INFORMATION: include identifying or contact information that they do not want to be at 301–287–0745, by videophone at I. Obtaining Information and publicly disclosed in their comment 240–428–3217, or by email at Submitting Comments [email protected]. Determinations on submission. Your request should state requests for reasonable accommodation A. Obtaining Information that comment submissions are not will be made on a case-by-case basis. Please refer to Docket ID NRC–2020– routinely edited to remove such Members of the public may request to 0170 when contacting the NRC about information before making the comment receive this information electronically. the availability of information for this submissions available to the public or If you would like to be added to the action. You may obtain publicly entering the comment into ADAMS. distribution, please contact the Nuclear available information related to this II. Background Regulatory Commission, Office of the action by any of the following methods: Under the provisions of the Secretary, Washington, DC 20555, at • Federal Rulemaking Website: Go to 301–415–1969, or by email at Paperwork Reduction Act of 1995 (44 https://www.regulations.gov/ and search U.S.C. Chapter 35), the NRC recently [email protected]. for Docket ID NRC–2020–0170. A copy The NRC is holding the meetings submitted a request for renewal of an of the collection of information and existing collection of information to under the authority of the Government related instructions may be obtained in the Sunshine Act, 5 U.S.C. 552b. OMB for review entitled, ‘‘Reactor Site without charge by accessing Docket ID Criteria.’’ The NRC hereby informs Dated: April 15, 2021. NRC–2020–0170 on this website. • potential respondents that an agency For the Nuclear Regulatory Commission. NRC’s Agencywide Documents may not conduct or sponsor, and that a Wesley W. Held, Access and Management System person is not required to respond to, a Policy Coordinator, Office of the Secretary. (ADAMS): You may obtain publicly collection of information unless it available documents online in the [FR Doc. 2021–08168 Filed 4–16–21; 11:15 am] displays a currently valid OMB control ADAMS Public Documents collection at BILLING CODE 7590–01–P number. https://www.nrc.gov/reading-rm/ The NRC published a Federal adams.html. To begin the search, select Register notice with a 60-day comment NUCLEAR REGULATORY ‘‘Begin Web-based ADAMS Search.’’ For period on this information collection on COMMISSION problems with ADAMS, please contact December 10, 2020, (85 FR 79532). the NRC’s Public Document Room (PDR) 1. The title of the information [NRC–2020–0170] reference staff at 1–800–397–4209, 301– collection: ‘‘Reactor Site Criteria’’. 415–4737, or by email to pdr.resource@ Information Collection: Reactor Site 2. OMB approval number: 3150–0093. nrc.gov. The supporting statement is 3. Type of submission: Extension. Criteria available in ADAMS under Accession 4. The form number, if applicable: AGENCY: Nuclear Regulatory Nos. ML21041A452. N/A. Commission. • Attention: The PDR, where you may 5. How often the collection is required ACTION: Notice of submission to the examine and order copies of public or requested: As necessary in order for Office of Management and Budget; documents, is currently closed. You the NRC to assess the adequacy of request for comment. may submit your request to the PDR via proposed seismic design bases and the email at [email protected] or call 1– design bases for other site hazards for SUMMARY: The U.S. Nuclear Regulatory 800–397–4209 or 301–415–4737, nuclear power and test reactors Commission (NRC) recently submitted a between 8:00 a.m. and 4:00 p.m. (EST), constructed and licensed in accordance request for renewal of an existing Monday through Friday, except Federal with Parts 50 and 52 of title 10 of the collection of information to the Office of holidays. Code of Federal Regulations (10 CFR)

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and the Atomic Energy Act of 1954, as POSTAL REGULATORY COMMISSION granting an extension under 39 U.S.C. amended. 3641(d)(2) and 39 CFR 3045.11. Id. at 1. [Docket No. MT2019–1; Order No. 5870] 6. Who will be required or asked to It states that the extension is ‘‘necessary respond: Applicants who apply for an Market Test of Experimental Product to determine the feasibility or early site permit (ESP), combined desirability of the [Plus One] license (COL) or a construction permit AGENCY: Postal Regulatory Commission. experimental product and inform any (CP) or operating license (OL) on or after ACTION: Notice. Postal Service decision to create a January 10, 1997. permanent product.’’ Id. SUMMARY: The Commission is The Postal Service asserts that the 7. The estimated number of annual recognizing a recently filed Postal extension is necessary for three reasons. responses: 0.66. Service request for extension of the First, the market test began right before 8. The estimated number of annual Market Test of Experimental Product— the first wave of the COVID–19 respondents: 0.66. Plus One. This notice informs the public pandemic in the United States, which 9. The estimated number of hours of the filing, invites public comment, disrupted all mail generally and USPS needed annually to comply with the and takes other administrative steps. Marketing Mail specifically. Id. at 2. It information collection requirement or DATES: Comments are due: May 14, states that the sharp decline in USPS request: 48,180 hours (73,000 hours per 2021. Marketing Mail affected Plus One application × 0.66 applications). ADDRESSES: Submit comments volumes and limited the Postal Service’s 10. Abstract: 10 CFR part 100, electronically via the Commission’s ability to collect data for a full year. Id. ‘‘Reactor Site Criteria,’’ establishes Filing Online system at http:// It notes that it needs more time to approval requirements for proposed www.prc.gov. Those who cannot submit collect meaningful data to compensate sites for the purpose of constructing and comments electronically should contact for the decline in mail volume that operating stationary power and testing the person identified in the FOR FURTHER occurred during the pandemic. Id. reactors. Subpart B, ‘‘Evaluation Factors INFORMATION CONTACT section by Second, the Postal Service asserts that for Stationary Power Reactor Site telephone for advice on filing if it decides to add Plus One to the Applications on or After January 10, alternatives. Market Dominant product list as a 1997,’’ requirements apply to applicants permanent product, it would need more FOR FURTHER INFORMATION CONTACT: time to finalize the criteria for the who apply for an ESP, COL or a CP or David A. Trissell, General Counsel, at OL on or after January 10, 1997. This permanent product and to program 202–789–6820. Information Technology solutions to clearance is necessary since the NRC is SUPPLEMENTARY INFORMATION: expecting approximately two COL manage the permanent product. Id. The applications over the next 3 years. The Table of Contents Postal Service notes that mailers would also need time to adjust their own applicants must provide information I. Introduction regarding the physical characteristics of systems accordingly. Id. Third, the II. Background Postal Service states that it ‘‘would like the site in addition to the potential for III. Notice of Filing natural phenomena and man-made IV. Ordering Paragraphs to minimize any potential gap between hazards. This includes information on the end of the market test’s operational I. Introduction meteorological hazards (such as run and the availability of a potential, hurricanes, tornadoes, snowfall, and On September 20, 2019, the new, permanent product.’’ Id. It notes extreme temperatures), hydrologic Commission authorized the Postal that such a gap could limit small hazards (such as floods, tsunami, and Service to proceed with a 2-year market businesses from advertising with the seiches) geologic hazards (such as test of an experimental product called product and impede the ability of faulting, seismic hazards, and the Plus One, which is scheduled to expire current Plus One users to maintain their maximum credible earthquake) and on September 30, 2021.1 Plus One is an client base. Id. factors such as population density, the advertising card that is mailed as an In the Request, the Postal Service proximity of man-related hazards (e.g., add-on mailpiece with a USPS provides information required by 39 airports, dams, transportation routes, Marketing Mail Letters marriage mail CFR 3045.11(b)(3) and (b)(4). It states military and chemical facilities), and envelope containing multiple the total revenue received by the Postal site hydrological and atmospheric advertising mailpieces.2 On April 13, Service from the Plus One market test dispersion characteristics. The NRC staff 2021, the Postal Service filed a request was $4.87 million during FY 2020 and reviews the submitted information and, pursuant to 39 U.S.C. 3641 and 39 CFR $2.05 million during FY 2021, Quarter if necessary, generates a request for 3045.11 to extend the duration of the 1. Id. at 2–3. It estimates that it will additional information. The staff meets Plus One market test.3 collect $7.70 million during FY 2021 if market trends and customer adoption with the applicant and conducts a site II. Background visit to resolve any open issues. When metrics reflected in the FY 2021, the open issues have been resolved, the The Postal Service requests a 12- Quarter 1 data collection report staff writes the final safety evaluation month extension of the Plus One market continue through FY 2021. Id. at 3. It report, which is published and used as test, which if approved would set a new estimates it will receive $10.8 million a basis for the remainder of the NRC expiration date of September 30, 2022. through FY 2022. Id. licensing process. Request at 2. It asserts that the Plus One The Postal Service concludes that the market test meets the criteria for Plus One market test meets the criteria Dated: April 15, 2021. for an extension and asks that the For the Nuclear Regulatory Commission. 1 Order Authorizing Plus One Market Test, Commission grant the extension to David C. Cullison, September 20, 2019, at 15 (Order No. 5239). allow the Postal Service to continue NRC Clearance Officer, Office of the Chief 2 United States Postal Service Notice of Market collecting Plus One market test data and Information Officer. Test of Experimental Product—Plus One, August 13, 2019, at 1. determine the feasibility and [FR Doc. 2021–08097 Filed 4–19–21; 8:45 am] 3 United States Postal Service Request for desirability of the experimental product. BILLING CODE 7590–01–P Extension of Market Test, April 13, 2021 (Request). Id.

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III. Notice of Filing SECURITIES AND EXCHANGE Exchange may adjust its calculation of COMMISSION the PBBO.4 The Commission will continue to use Generally, the Exchange updates both Docket No. MT2019–1 to consider the PBBO and NBBO based on quote matters raised by the Postal Service’s [Release No. 34–91564; File No. SR– NYSEARCA–2021–21) updates received from data feeds from Request. The Commission invites Away Markets, which are disclosed in comments on whether the Request Self-Regulatory Organizations; NYSE Rule 7.37–E(d).5 In 2015, the Exchange complies with applicable statutory and Arca, Inc.; Notice of Filing and described in a rule filing that when it regulatory requirements, including 39 Immediate Effectiveness of Proposed routes interest to a protected quotation, U.S.C. 3641, 39 CFR part 3045, and Rule Change To Amend Rule 7.37–E the Exchange adjusts the PBBO.6 The Order No. 5239. Comments are due by Exchange proposes to amend its rules to May 14, 2021. The public portions of April 14, 2021. include that description in Rule 7.37–E filings in this docket can be accessed via Pursuant to Section 19(b)(1) 1 of the and provide additional specificity of the Commission’s website (http:// Securities Exchange Act of 1934 (the when it may adjust its calculation of the www.prc.gov). ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 PBBO. 39 U.S.C. 505 requires the notice is hereby given that, on April 1, As proposed, new paragraph (d)(2) of Commission to designate an officer of 2021, NYSE Arca, Inc. (‘‘NYSE Arca’’ or Rule 7.37–E would provide: the Commission to represent the the ‘‘Exchange’’) filed with the The Exchange may adjust its interests of the general public in all Securities and Exchange Commission calculation of the PBBO based on public proceedings (Public (the ‘‘Commission’’) the proposed rule information about orders it sends to Representative). The Commission change as described in Items I, II, and Away Markets with protected previously appointed Gregory Stanton III below, which Items have been quotations, execution reports received to serve as the Public Representative in prepared by the self-regulatory from those Away Markets, and certain this proceeding. He remains appointed organization. The Commission is orders received by the Exchange. to serve as the Public Representative. publishing this notice to solicit This proposed rule text is consistent comments on the proposed rule change with the Exchange’s disclosure in the IV. Ordering Paragraphs from interested persons. Datafeed Filing and adds specificity that the Exchange may adjust its calculation It is ordered: I. Self-Regulatory Organization’s of the PBBO based on execution reports 1. Pursuant to 39 U.S.C. 505, Gregory Statement of the Terms of Substance of received from Away Markets and certain Stanton remains appointed to serve as the Proposed Rule Change orders received by the Exchange.7 the Public Representative in this Proposed Rule 7.37–E(d)(2) is based The Exchange proposes to amend proceeding. on MEMX LLC (‘‘MEMX’’) Rule 13.4(b) Rule 7.37–E to specify when the with two non-substantive differences.8 2. Comments are due by than May 14, Exchange may adjust its calculation of First, the Exchange proposes to use the 2021. the PBBO. The proposed rule change is term ‘‘PBBO,’’ which is the term used in 3. The Secretary shall arrange for available on the Exchange’s website at the Exchange’s rules for the best-priced publication of this Order in the Federal www.nyse.com, at the principal office of Register. the Exchange, and at the Commission’s 4 The term ‘‘PBBO’’ is defined in Rule 1.1 to mean By the Commission. Public Reference Room. the Best Protected Bid and the Best Protected Offer, Erica A. Barker, which in turn mean the highest Protected Bid and II. Self-Regulatory Organization’s the lowest Protected Offer, which refer to Secretary. Statement of the Purpose of, and quotations in an NMS stock that is (i) displayed by [FR Doc. 2021–08031 Filed 4–19–21; 8:45 am] Statutory Basis for, the Proposed Rule an Automated Trading Center; (ii) disseminated Change pursuant to an effective national market system BILLING CODE 7710–FW–P plan; and (iii) an Automated Quotation that is the In its filing with the Commission, the best bid or best offer of a national securities exchange or the best bid or best offer of a national self-regulatory organization included securities association. The term NBBO is defined to statements concerning the purpose of, RAILROAD RETIREMENT BOARD mean the national best bid and offer. The Exchange and basis for, the proposed rule change notes that the NBBO may differ from the PBBO and discussed any comments it received because the NBBO includes Manual Quotations, Sunshine Act Meetings which are defined as any quotation other than an on the proposed rule change. The text automated quotation. 17 CFR 242.600(b)(37). of those statements may be examined at 5 TIME AND DATE: 1 p.m., April 19, 2021. The Exchange proposes non-substantive the places specified in Item IV below. amendments to Rule 7.37–E(d) to update the names PLACE: Meeting will be held by The Exchange has prepared summaries, of the exchanges listed in the table by replacing the teleconference. set forth in sections A, B, and C below, term ‘‘Bats’’ with ‘‘Cboe,’’ adding reference to ‘‘BYX’’ for one of the Cboe exchanges, replacing the STATUS: Closed. of the most significant parts of such term ‘‘NASDAQ’’ with ‘‘Nasdaq,’’ and adding the statements. word ‘‘The’’ before Nasdaq Stock Market LLC. MATTERS TO BE CONSIDERED: (1) 6 See Securities Exchange Act Release No. 74409 Litigation Matter. A. Self-Regulatory Organization’s (March 2, 2015), 80 FR 12221 (March 6, 2015) (SR– Statement of the Purpose of, and the NYSEArca–2015–11) (Notice of filing and CONTACT PERSON FOR MORE INFORMATION: Statutory Basis for, the Proposed Rule immediate effectiveness of proposed rule change) Stephanie Hillyard, Secretary to the Change (‘‘Datafeed Filing’’). Board, Phone No. 312–751–4920. 7 The Exchange does not adjust its calculation of 1. Purpose the NBBO based on information about orders sent Authority: 5 U.S.C. 552b. to Away Markets, execution reports from Away Dated: April 16, 2021. The Exchange proposes to amend Markets, or certain orders received by the Exchange. Rule 7.37–E to specify when the 8 MEMX Rule 13.4(b) provides: ‘‘The Exchange Stephanie Hillyard, may adjust its calculation of the NBBO based on Secretary to the Board. information about orders sent to other venues with 1 15 U.S.C. 78s(b)(1). [FR Doc. 2021–08277 Filed 4–16–21; 4:15 pm] protected quotations, execution reports received 2 15 U.S.C. 78a. from those venues, and certain orders received by BILLING CODE 7905–01–P 3 17 CFR 240.19b–4. the Exchange.’’

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protected quotations, instead of Exchange proposes to adjust its proposes to adjust its calculation of the ‘‘NBBO.’’ Second, the Exchange calculation of the PBBO to exclude any PBBO to be 10.06 x 10.07 and use this proposes to refer to ‘‘Away Markets,’’ contra-side protected quotations that are updated PBBO for execution, routing, which is a defined term in Rule 1.1, priced equal to or better than the Day and re-pricing determinations, instead of ‘‘other venues.’’ ISO. including repricing the ALO ‘‘1’’ to buy MEMX has not disclosed • For example, if the best protected to both work and display at its limit circumstances when ‘‘certain orders bid is 10.00, Exchange A is displaying price of 10.06. received by the Exchange’’ would result a protected offer at 10.05, and Exchange The Exchange believes that adjusting in an adjustment to its calculation of the B is displaying a protected offer at the PBBO in this manner is consistent PBBO, but the Exchange believes that 10.09, the Exchange’s calculation of the with Regulation NMS because the when MEMX receives an ISO with a Day PBBO would be 10.00 × 10.05. If the member organization that submitted the time in force (‘‘Day ISO’’), it adjusts its Exchange receives a Day ISO for 100 Day ISO ALO to buy priced at 10.07 has calculation of the PBBO. The Exchange shares to buy priced at 10.05 that is represented that it has sent ISOs to trade proposes that it would also adjust its displayed on the Exchange at 10.05, the with protected offers on other exchanges calculation of the PBBO based on Exchange would adjust its calculation of priced at 10.07 or lower. The only receipt of a Day ISO, which is consistent the PBBO to be 10.05 × 10.09 and would reason that such order would not be with how Nasdaq Stock Market LLC use this updated PBBO for execution, displayed at 10.07 on the Exchange is (‘‘Nasdaq’’) 9 and Cboe BZX Exchange, routing, and re-pricing determinations. because it has an ALO modifier and Inc. (‘‘BZX’’) 10 function. If a Day ISO is displayed on the cannot trade with the Exchange’s Specifically, the Exchange proposes Exchange at a price less aggressive than displayed offer of 10.07. However, there that it would adjust its calculation of the its limit price (e.g., a Day ISO ALO that, is no restriction on that Day ISO ALO PBBO upon receipt of a Day ISO Order if displayed at its limit price, would being displayed at 10.06, which crosses that the Exchange displays. As lock displayed interest on the the Away Market PBO of 10.05. The described in Rule 7.37–E(e)(3)(C), a Day Exchange), the Day ISO still informs the Exchange believes in this circumstance, ISO is eligible for the exception to Exchange that the member organization it is consistent with Regulation NMS for locking or crossing a protected has routed ISOs to trade with contra- the Exchange to consider that any Away quotation because the member side protected quotations on Away Market protected offers priced 10.07 or organization simultaneously routes an Markets that are priced equal to or better below have been cleared and therefore ISO to execute against the full size of than the limit price of arriving Day ISO adjust its calculation of the contra-side any locked or crossed protection on the Exchange. The Exchange would Away Market PBBO for purposes of quotations, i.e., the member therefore use the limit price of the Day execution, routing, and repricing organization routes ISOs to trade with ISO ALO to determine how to adjust its determinations based on the limit price contra-side protected quotations on calculation of the contra-side Away of the Day ISO ALO. Away Markets that are priced equal to Market PBBO, provided that contra-side The Exchange believes that the or better than the arriving Day ISO on displayed interest on the Exchange proposed amendments to Rule 7.37–E(d) the Exchange. Because receipt of a Day equal to the limit price of the Day ISO would promote clarity and transparency ISO informs the Exchange that the ALO would not be considered cleared. in the Exchange’s rules regarding member organization has routed ISOs to The price at which the arriving Day ISO circumstances when the Exchange may trade with Away Market contra-side ALO would be displayed would be the adjust its calculation of the PBBO. The protected quotations priced equal to or price that informs the Exchange’s Exchange does not believe this proposed better than the Day ISO, upon receipt calculation of the same-side PBBO. rule change is novel. Rather, the and displaying of a Day ISO, the For example, when the best protected Exchange believes that other equity bid is 10.00 and Exchange A is exchanges that accept Day ISOs 9 See Nasdaq Rule 4703(j) (‘‘Upon receipt of an displaying a protected offer at 10.05 and similarly adjust their calculation of the ISO, the System will consider the stated price of the ISO to be available for other Orders to be entered the Exchange’s best displayed offer is best protected bid and best protected at that price, unless the ISO is not itself accepted 10.07, the Exchange’s calculation of the offer for purposes of making execution, at that price level (for example, a Post-Only Order PBBO would be 10.00 × 10.05, then: routing, and repricing determinations that has its price adjusted to avoid executing against • If the Exchange receives ALO ‘‘1’’ to based on the receipt of Day ISOs, as an Order on the Nasdaq Book) or the ISO is not Displayed.’’) and Securities Exchange Act Release buy at 10.06, it would be displayed at described above. The Exchange No. 74558 (March 20, 2015) 80 FR 16050, 16068 10.04 and be assigned a working price anticipates that it will implement the (March 26, 2015) (SR–Nasdaq–2015–024) (Notice). of 10.05, which is the PBO (displayed technology change to how it calculates 10 See Securities Exchange Act Release No. 74074 on Exchange A),11 and the Exchange the PBBO in May 2021. (January 15, 2015), 80 FR 3679, 3680 (January 23, would adjust the PBBO to be 10.04 × 2015) (SR–BATS–2015–04) (Notice of filing and 2. Statutory Basis immediate effectiveness of proposed rule change to 10.05. clarify the use of certain data feeds) (‘‘The • If next, the Exchange receives Day The Exchange believes that the Exchange’s [matching engine] will update the ISO ALO ‘‘2’’ to buy at 10.07, the proposal is consistent with Section 6(b) NBBO upon receipt of a Day ISO. When a Day ISO of the Act,13 in general, and furthers the is posted on the BATS Book, the [matching engine] Exchange would be permitted to display uses the receipt of a Day ISO as evidence that the that order at a price that crosses objectives of Sections 6(b)(5) of the protected quotes have been cleared, and the ME Exchange A’s PBO because it is a Day Act,14 in particular, because it is does not check away markets for equal or better- ISO. However, because it locks the designed to prevent fraudulent and priced protected quotes. .... In determining manipulative acts and practices, to whether to route an order and to which venue(s) it Exchange’s best displayed offer, due to should be routed, the [routing engine] makes its its ALO modifier, the Exchange would own calculation of the NBBO.... The [routing display Day ISO ALO ‘‘2’’ at 10.06 and 10.06 and would adjust its calculation of the same- engine] does not utilize Day ISO Feedback in side PBBO and reprice same-side resting orders to it would have a working price of the Day ISO price, but would not adjust its constructing the NBBO; however, because all orders 12 initially flow through the [matching engine], to the 10.06. In this scenario, the Exchange calculation of the contra-side PBBO for purposes of extent Day ISO Feedback has updated the [matching routing and execution determinations of new engine’s] calculation of the NBBO, all orders 11 See Rule 7.31–E(e)(2)(B)(i). orders. processed by the [routing engine] do take Day ISO 12 See Rule 7.31–E(e)(3)(D)(ii). Currently, the 13 15 U.S.C. 78f(b). Feedback into account.’’) (‘‘BZX Filing’’). Exchange would display such Day ISO ALO ‘‘2’’ at 14 15 U.S.C. 78f(b)(5).

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promote just and equitable principles of PBBO, including MEMX, Nasdaq, and Paper Comments trade, to foster cooperation and BZX. • coordination with persons engaged in Send paper comments in triplicate C. Self-Regulatory Organization’s regulating, clearing, settling, processing to Secretary, Securities and Exchange Statement on Comments on the information with respect to, and Commission, 100 F Street NE, Proposed Rule Change Received From Washington, DC 20549–1090. facilitating transactions in securities, to Members, Participants, or Others remove impediments to, and perfect the All submissions should refer to File No written comments were solicited mechanisms of, a free and open market Number SR–NYSEARCA–2021–21. This and a national market system and, in or received with respect to the proposed rule change. file number should be included on the general, to protect investors and the subject line if email is used. To help the public interest and because it is not III. Date of Effectiveness of the Commission process and review your designed to permit unfair Proposed Rule Change and Timing for comments more efficiently, please use discrimination between customers, Commission Action only one method. The Commission will issuers, brokers, or dealers. The Exchange has filed the proposed post all comments on the Commission’s The Exchange believes that the rule change pursuant to Section internet website (http://www.sec.gov/ proposed rule change would remove 19(b)(3)(A)(iii) of the Act 16 and Rule rules/sro.shtml). Copies of the impediments to and perfect the 19b–4(f)(6) thereunder.17 Because the submission, all subsequent mechanism of a free and open market proposed rule change does not: (i) amendments, all written statements and a national market system because it Significantly affect the protection of with respect to the proposed rule is designed to promote clarity and investors or the public interest; (ii) change that are filed with the transparency in Exchange rules of when impose any significant burden on Commission, and all written the Exchange may adjust its calculation competition; and (iii) become operative communications relating to the of the PBBO. The Exchange believes that prior to 30 days from the date on which proposed rule change between the adjusting its calculation of the PBBO it was filed, or such shorter time as the Commission and any person, other than based on receipt of a Day ISO is Commission may designate, if those that may be withheld from the consistent with Regulation NMS consistent with the protection of because the member organization that public in accordance with the investors and the public interest, the provisions of 5 U.S.C. 552, will be entered such Day ISO has also sent ISOs proposed rule change has become available for website viewing and to Away Markets to trade with contra- effective pursuant to Section 19(b)(3)(A) printing in the Commission’s Public side protected quotations priced equal of the Act and Rule 19b–4(f)(6)(iii) Reference Room, 100 F Street NE, to or better than the Day ISO. For the thereunder. same reasons that displaying a Day ISO At any time within 60 days of the Washington, DC 20549 on official at a price that locks or crosses the PBBO filing of such proposed rule change, the business days between the hours of is consistent with Regulation NMS, the Commission summarily may 10:00 a.m. and 3:00 p.m. Copies of the Exchange believes that adjusting its temporarily suspend such rule change if filing also will be available for calculation of the PBBO based on it appears to the Commission that such inspection and copying at the principal receipt and display of a Day ISO for action is necessary or appropriate in the office of the Exchange. All comments purposes of making execution, routing, public interest, for the protection of received will be posted without change. and repricing determinations for other investors, or otherwise in furtherance of Persons submitting comments are orders is also consistent with Regulation the purposes of the Act. If the cautioned that we do not redact or edit NMS. The Exchange further notes that Commission takes such action, the personal identifying information from the proposed rule text is not novel and Commission shall institute proceedings comment submissions. You should is based on MEMX Rule 13.4(b) and is under Section 19(b)(2)(B) 18 of the Act to submit only information that you wish consistent with Nasdaq rules and the determine whether the proposed rule to make available publicly. All BZX Filing. change should be approved or submissions should refer to File disapproved. B. Self-Regulatory Organization’s Number SR–NYSEARCA–2021–21, and Statement on Burden on Competition IV. Solicitation of Comments should be submitted on or before May 11, 2021. Interested persons are invited to In accordance with Section 6(b)(8) of submit written data, views, and For the Commission, by the Division of the Act,15 the Exchange believes that the arguments concerning the foregoing, Trading and Markets, pursuant to delegated proposed rule change would not impose 19 including whether the proposed rule authority. any burden on competition that is not change is consistent with the Act. J. Matthew DeLesDernier, necessary or appropriate in furtherance Comments may be submitted by any of of the purposes of the Act. The Assistant Secretary. the following methods: proposed rule changes are designed to [FR Doc. 2021–08050 Filed 4–19–21; 8:45 am] promote transparency and clarity in Electronic Comments BILLING CODE 8011–01–P Exchange rules regarding when the • Use the Commission’s internet Exchange may adjust its calculation of comment form (http://www.sec.gov/ the PBBO. The Exchange believes that rules/sro.shtml); or the proposed rule change would • Send an email to rule-comments@ promote competition because the sec.gov. Please include File Number SR– Exchange proposes to adjust its NYSEARCA–2021–21 on the subject calculation of the PBBO under similar line. circumstances that other equity exchanges adjust their calculation of the 16 15 U.S.C. 78s(b)(3)(A)(iii). 17 17 CFR 240.19b–4(f)(6). 15 15 U.S.C. 78f(b)(8). 18 15 U.S.C. 78s(b)(2)(B). 19 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s internalizers and wholesalers, all COMMISSION Statement of the Purpose of, and the competing for order flow. Based on Statutory Basis for, the Proposed Rule publicly available information, no single [Release No. 34–91561; File No. SR–NYSE– Change exchange has more than 20% market share.8 Therefore, no exchange 2021–23] 1. Purpose possesses significant pricing power in Self-Regulatory Organizations; New The Exchange proposes to amend its the execution of equity order flow. More York Stock Exchange LLC; Notice of Price List to introduce (1) a new Adding specifically, the Exchange’s market Filing and Immediate Effectiveness of Tier in Tape A securities, and (2) a new share of trading in Tape A, B and C Tier 5 for SLPs in Tape A Securities. securities combined is less than 12%. Proposed Rule Change To Amend Its The proposed changes respond to the Price List current competitive environment where The Exchange believes that the ever- shifting market share among the April 14, 2021. order flow providers have a choice of where to direct liquidity-providing exchanges from month to month Pursuant to Section 19(b)(1) 1 of the orders by offering further incentives for demonstrates that market participants Securities Exchange Act of 1934 (the member organizations to send can move order flow, or discontinue or ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 additional displayed liquidity to the reduce use of certain categories of notice is hereby given that, on April 1, Exchange. products, in response to fee changes. 2021, New York Stock Exchange LLC The Exchange proposes to implement With respect to non-marketable order (‘‘NYSE’’ or the ‘‘Exchange’’) filed with the fee changes effective April 1, 2021. flow that would provide displayed the Securities and Exchange liquidity on an Exchange, member Background organizations can choose from any one Commission (the ‘‘Commission’’) the of the 16 currently operating registered proposed rule change as described in Current Market and Competitive exchanges to route such order flow. Items I, II, and III below, which Items Environment Accordingly, competitive forces have been prepared by the self- The Exchange operates in a highly constrain exchange transaction fees that regulatory organization. The competitive market. The Exchange relate to orders that would provide Commission is publishing this notice to operates in a highly competitive market. liquidity on an exchange. solicit comments on the proposed rule The Commission has repeatedly change from interested persons. expressed its preference for competition In response to the competitive over regulatory intervention in environment described above, the I. Self-Regulatory Organization’s determining prices, products, and Exchange has established incentives for Statement of the Terms of Substance of services in the securities markets. In its member organizations who submit the Proposed Rule Change Regulation NMS, the Commission orders that provide liquidity on the highlighted the importance of market Exchange. The proposed fee change is The Exchange proposes to amend its forces in determining prices and SRO designed to attract additional order flow Price List to introduce (1) a new Adding revenues and, also, recognized that to the Exchange by incentivizing Tier in Tape A securities, and (2) a new current regulation of the market system member organizations to submit Tier 5 for Supplemental Liquidity ‘‘has been remarkably successful in additional displayed liquidity to the Providers (‘‘SLP’’) in Tape A securities. promoting market competition in its Exchange. The Exchange proposes to implement broader forms that are most important to Proposed Rule Change the fee changes effective April 1, 2021. investors and listed companies.’’ 4 The proposed rule change is available While Regulation NMS has enhanced New Adding Tier for Non-Displayed on the Exchange’s website at competition, it has also fostered a Providers www.nyse.com, at the principal office of ‘‘fragmented’’ market structure where The Exchange proposes a new Adding the Exchange, and at the Commission’s trading in a single stock can occur Tier for Non-Displayed Providers. As Public Reference Room. across multiple trading centers. When multiple trading centers compete for proposed, the Exchange would provide II. Self-Regulatory Organization’s order flow in the same stock, the credits in Tape A securities for all Statement of the Purpose of, and Commission has recognized that ‘‘such orders, other than MPL Orders, from Statutory Basis for, the Proposed Rule competition can lead to the qualifying member organizations that Change fragmentation of order flow in that have at least stock.’’ 5 Indeed, equity trading is • an average daily trading volume In its filing with the Commission, the currently dispersed across 16 (‘‘ADV’’) that adds liquidity to the self-regulatory organization included exchanges,6 31 alternative trading Exchange during the billing month statements concerning the purpose of, systems,7 and numerous broker-dealer (‘‘Adding ADV’’) of 0.35% of Tape A and basis for, the proposed rule change consolidated ADV (‘‘Tape A CADV’’), and discussed any comments it received 4 See Securities Exchange Act Release No. 51808 excluding any liquidity added by a on the proposed rule change. The text (June 9, 2005), 70 FR 37495, 37499 (June 29, 2005) Designated Market Maker (‘‘DMM’’); 9 of those statements may be examined at (S7–10–04) (Final Rule) (‘‘Regulation NMS’’). and 5 See Securities Exchange Act Release No. 61358, the places specified in Item IV below. 75 FR 3594, 3597 (January 21, 2010) (File No. S7– The Exchange has prepared summaries, 02–10) (Concept Release on Equity Market registered with the Commission is available at set forth in sections A, B, and C below, Structure). https://www.sec.gov/foia/docs/atslist.htm. of the most significant parts of such 6 See Cboe Global Markets, U.S. Equities Market 8 See Cboe Global Markets U.S. Equities Market Volume Summary, available at http:// Volume Summary, available at http:// statements. markets.cboe.com/us/equities/market_share/. See markets.cboe.com/us/equities/market_share/. generally https://www.sec.gov/fast-answers/ 9 Footnote 2 to the Price List defines ADV as divisionsmarketregmrexchangesshtml.html. ‘‘average daily volume’’ and ‘‘Adding ADV’’ as ADV 1 15 U.S.C. 78s(b)(1). 7 See FINRA ATS Transparency Data, available at that adds liquidity to the Exchange during the 2 15 U.S.C. 78a. https://otctransparency.finra.org/otctransparency/ billing month. CADV is defined in footnote * of the 3 17 CFR 240.19b–4. AtsIssueData. A list of alternative trading systems Price List.

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• Adding ADV of Non-Displayed Exchange believes that the proposed of an SLP-Prop and an SLMM of the Limit Orders of at least 4 million shares; credits would provide an incentive for same member organization shall not be and all member organizations to send aggregated). In addition, the Exchange • 35% of the Member Organization’s additional liquidity to the Exchange in proposes that SLPs would receive an Total Adding ADV is comprised of Non- order to qualify for them. The Exchange additional $0.00005 per share for adding Displayed Limit Orders. does not know how much order flow liquidity, other than MPL and Non- A member organization that meets the member organizations choose to route to Display Reserve orders, in securities above requirements would receive a other exchanges or to off-exchange where they are not assigned as an SLP credit of $0.0023 per share ($0.0006 per venues. Based on the profile of or do not meet the 10% average or more share for Non-Displayed Limit Orders) if liquidity-adding firms generally, the quoting requirement in an assigned the member organization has an Adding Exchange believes that additional security pursuant to Rule 107B. ADV of at least 0.35% of Tape A CADV member organizations could qualify for The Exchange believes that the new or a credit of $0.0026 per share ($0.0007 the tiered rate under the new tier will provide greater incentives for per share for Non-Displayed Limit qualification criteria if they choose to SLPs to add more liquidity to the Orders) if the member organization has direct order flow to the Exchange. Exchange. The Exchange does not know Adding ADV of at least 0.45% of Tape However, without having a view of how much order flow member A CADV. member organization’s activity on other organizations choose to route to other In addition, the Exchange proposes exchanges and off-exchange venues, the exchanges or to off-exchange venues. that Member Organizations that meet Exchange has no way of knowing Since the proposed tier is new, the the above requirements and add whether this proposed rule change Exchange does not know how many liquidity, excluding liquidity added as would result in any member SLPs and their affiliates could qualify an SLP, in Tapes B and C Securities 10 organization directing orders to the for the proposed tiered credits based on of at least 0.20% of Tape B and Tape C Exchange in order to qualify for the new their current trading profile on the CADV combined will receive an tier. Exchange. However, without having a additional $0.00005 per share. view of member organization’s activity New SLP Tier 5 For example, assume member on other exchanges and off-exchange organization A has an adding ADV of 20 The Exchange proposes a new SLP venues, the Exchange believes that million shares and 0.40% of Tape A Tier designated ‘‘5’’ that would provide additional SLPs and affiliated firms CADV in a billing month when Tape A that an SLP adding liquidity in could qualify for the new tier if they CADV was 5 billion shares. Further securities with a per share price of $1.00 choose direct order flow to, and increase assume that 15 million shares of or more with orders, other than Mid- quoting on, the Exchange. However, member organization A’s 40 million Point Liquidity (‘‘MPL’’) orders, is without having a view of member shares of Adding ADV were Non- eligible for a per share credit of $0.0031 organization’s activity on other Displayed Limit Orders, representing (or $0.0012 if a Non-Displayed Reserve exchanges and off-exchange venues, the 37.5% of member organization A’s Total Order) if the SLP: (1) Meets the 10% Exchange has no way of knowing Adding ADV during the billing month. average or more quoting requirement in whether this proposed rule change Member organization A would an assigned security pursuant to Rule would result in any member accordingly qualify for the proposed 107B; (2) adds liquidity for all assigned organization directing orders to the Adding Credit of $0.0023 per share (or SLP securities in the aggregate Exchange in order to qualify for the new $0.0006 per share for Non-Displayed (including shares of both an SLP-Prop tier. Limit Orders). If that member and an SLMM of the same or an The proposed changes are not organization A had an adding ADV of at affiliated member organization) of an otherwise intended to address other least 0.45% of Tape A CADV, then that ADV of more than 0.65% of Tape A issues, and the Exchange is not aware of member organization would qualify for CADV (for SLPs that are also DMMs and any significant problems that market the proposed Adding Credit of $0.0026 subject to Rule 107B(i)(2)(A), more than participants would have in complying per share (or $0.0007 per share for Non- 0.65% after a discount of the percentage with the proposed changes. Displayed Limit Orders). for the prior quarter of Tape A CADV in The purpose of this proposed change DMM assigned securities as of the last 2. Statutory Basis is to incentivize member organizations business day of the prior month); (3) has The Exchange believes that the to increase the liquidity-providing Adding ADV, including non-SLP proposed rule change is consistent with orders in the Tape A securities they Adding ADV but excluding any Section 6(b) of the Act,11 in general, and send to the Exchange, which would liquidity added by a DMM, that is at furthers the objectives of Sections support the quality of price discovery least 0.85% of Tape A CADV; and (4) 6(b)(4) and (5) of the Act,12 in particular, on the Exchange and provide additional executes an ADV, including non-SLP because it provides for the equitable liquidity for incoming orders. As noted Adding ADV but excluding any allocation of reasonable dues, fees, and above, the Exchange operates in a liquidity added by a DMM, of at least other charges among its members, competitive environment, particularly 250,000 shares in Retail Price issuers and other persons using its as it relates to attracting non-marketable Improvements Orders. facilities and does not unfairly orders, which add liquidity to the In addition, the Exchange proposes discriminate between customers, Exchange. Because the proposed tier that SLPs that meet the proposed issuers, brokers or dealers. requires a member organization to requirements for SLP Tier 5 and add As discussed above, the Exchange achieve a minimum volume of its trades liquidity in Tape B and C securities of operates in a highly competitive market. in orders that add liquidity, the at least 0.25% of Tape B and Tape C The Commission has repeatedly CADV combined, will receive an expressed its preference for competition 10 The Exchange proposes the non-substantive additional $0.00005 per share in over regulatory intervention in change in the Tier 1 Adding Credit, Tier 2 Adding securities with a per share price of $1.00 determining prices, products, and Credit and Tier 3 Adding Credit to replace the phrase ‘‘securities traded pursuant to Unlisted that meet the 10% average or more Trading Privileges (Tapes B and C) on the Pillar quoting requirement in an assigned 11 15 U.S.C. 78f(b). Trading Platform’’ with ‘‘Tape B and C Securities.’’ security pursuant to Rule 107B (quotes 12 15 U.S.C. 78f(b)(4) & (5).

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services in the securities markets. In A CADV because this would encourage investors will not be harmed and in fact Regulation NMS, the Commission member organizations to send orders would benefit from increased clarity highlighted the importance of market that provide liquidity to the Exchange, and transparency on the Price List, forces in determining prices and SRO thereby contributing to robust levels of thereby reducing potential confusion. revenues and, also, recognized that liquidity, which benefits all market The Proposal Is an Equitable Allocation current regulation of the market system participants, and promoting price ‘‘has been remarkably successful in discovery and transparency. In addition, of Fees promoting market competition in its the Exchange believes that the New Adding Tier Credit broader forms that are most important to additional credit of $0.00005 per share The Exchange believes that the 13 investors and listed companies.’’ for Member Organizations that meet the proposed Adding Credit is equitable While Regulation NMS has enhanced proposed tier requirements and add because the proposed rule change competition, it has also fostered a liquidity, excluding liquidity added as would improve market quality for all ‘‘fragmented’’ market structure where an SLP, in Tapes B and C Securities of market participants on the Exchange trading in a single stock can occur at least 0.20% of Tape B and Tape C and, as a consequence, attract more across multiple trading centers. When CADV combined is reasonable as a liquidity to the Exchange, thereby multiple trading centers compete for similar incentive is offered in the improving market wide quality and order flow in the same stock, the NYSE’s other adding tiers (Tier 1–3 price discovery. Since the proposed Commission has recognized that ‘‘such Adding Credits). Adding Credit would be new, no competition can lead to the Since the proposed Adding Credit member organization currently qualifies fragmentation of order flow in that would be new, no member organization for it. As noted, without a view of stock.’’ 14 currently qualifies for the proposed pricing tier. As previously noted, member organization activity on other The Proposed Change Is Reasonable without a view of member organization exchanges and off-exchange venues, the New Adding Tier Credit activity on other exchanges and off- Exchange has no way of knowing whether this proposed rule change The new proposed Adding Tier Credit exchange venues, the Exchange has no way of knowing whether the proposed would result in any member is reasonable. Specifically, the Exchange organization qualifying for the tier. The believes that the proposed Adding rule change would result in any member organization qualifying for the tier. The Exchange believes the proposed credit is Credit would provide an incentive for reasonable as it would provide an member organizations to send Exchange believes the proposed credit is reasonable as it would provide an incentive for member organizations to additional liquidity providing orders to direct their order flow to the Exchange the Exchange in Tape A securities. As incentive for member organizations to direct their order flow to the Exchange and provide meaningful added levels of noted above, the Exchange operates in a liquidity in order to qualify for the highly competitive environment, and provide meaningful added levels of liquidity in order to qualify for the credits, thereby contributing to depth particularly for attracting non- and market quality on the Exchange. marketable order flow that provides credits, thereby contributing to depth and market quality on the Exchange. The proposal neither targets nor will it liquidity on an exchange. have a disparate impact on any The Exchange believes that requiring New SLP Tier 5 particular category of market member organization to have at least an participant. All member organizations Adding ADV of 0.35% of Tape A CADV, The Exchange believes that the that provide liquidity could be eligible Adding ADV of Non-Displayed Limit proposal to introduce a new SLP Tier 5 to qualify for the proposed credits if Orders of at least 4 million shares, and is reasonable because it provides SLPs 35% of the member organization’s total as well as SLPs that are also DMMs with meet the proposed adding liquidity Adding ADV is comprised of Non- an additional way to qualify for a rebate, requirements. The Exchange believes Displayed Limit Orders, in order to thereby providing SLPs with greater that offering credits for providing qualify for the proposed Adding Credit flexibility and creating an added liquidity will continue to attract order is reasonable because it would incentive for SLPs to bring additional flow and liquidity to the Exchange, encourage additional displayed and order flow to a public market. In thereby providing additional price non-displayed liquidity on the particular, as noted above, the Exchange improvement opportunities on the Exchange and because market believes that the new tier will provide Exchange and benefiting investors participants benefit from the greater greater incentives for SLPs to add more generally. As to those market amounts of displayed and non- liquidity to the Exchange, to the benefit participants that do not presently displayed liquidity present on the of the investing public and all market qualify for the adding liquidity credits, Exchange. Further, the Exchange participants. Since the proposed tier the proposal will not adversely impact believes it’s reasonable to provide credit would be new, no SLP currently their existing pricing or their ability to of $0.0023 per share ($0.0006 per share qualifies for the proposed pricing tier. qualify for other credits provided by the for Non-Displayed Limit Orders) if the As previously noted, based on the Exchange. profile of liquidity-providing SLPs member organization has an Adding New SLP Tier 5 ADV of at least 0.35% of Tape A CADV generally, the Exchange believes that a or a credit of $0.0026 per share ($0.0007 number of SLPs and affiliated firms The Exchange believes its proposal to per share for Non-Displayed Limit could qualify for the credits if they offer a new SLP tier equitably allocates Orders) if the member organization has choose to direct order flow to, and its fees among its market participants. Adding ADV of at least 0.45% of Tape increase quoting on, the Exchange. The proposed changes would encourage Finally, the Exchange also believes the submission of additional liquidity to 13 See Securities Exchange Act Release No. 51808 the proposed non-substantive change in a national securities exchange, thereby (June 9, 2005), 70 FR 37495, 37499 (June 29, 2005) the Tier 1 Adding Credit, Tier 2 Adding promoting price discovery and (S7–10–04) (Final Rule) (‘‘Regulation NMS’’). Credit and Tier 3 Adding Credit is transparency and enhancing order 14 See Securities Exchange Act Release No. 61358, reasonable and would not be execution opportunities for member 75 FR 3594, 3597 (January 21, 2010) (File No. S7– 02–10) (Concept Release on Equity Market inconsistent with the public interest and organizations from the substantial Structure). the protection of investors because amounts of liquidity that are present on

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the Exchange. The proposed changes provide an incentive for member exchange venues if they deem fee levels would also encourage the submission of organizations to continue to send orders at those other venues to be more additional orders that add liquidity, that provide liquidity to the Exchange, favorable. In such an environment, the thus providing price improving to the benefit of all market participants. Exchange must continually adjust its liquidity to market participants and For the foregoing reasons, the fees and rebates to remain competitive increasing the quality of order execution Exchange believes that the proposal is with other exchanges and with off- on the Exchange’s market, which would consistent with the Act. exchange venues. Because competitors benefit all market participants. B. Self-Regulatory Organization’s are free to modify their own fees and Moreover, the proposed changes are Statement on Burden on Competition credits in response, and because market equitable because they would apply participants may readily adjust their equally to all qualifying SLPs that In accordance with Section 6(b)(8) of order routing practices, the Exchange 15 submit orders to the NYSE and add the Act, the Exchange believes that the does not believe its proposed fee change liquidity to the Exchange. proposed rule change would not impose can impose any burden on intermarket any burden on competition that is not competition. The Proposal Is Not Unfairly necessary or appropriate in furtherance Discriminatory of the purposes of the Act. Instead, as C. Self-Regulatory Organization’s New Adding Tier Credit discussed above, the Exchange believes Statement on Comments on the that the proposed changes would Proposed Rule Change Received From The Exchange believes it is not encourage the submission of additional Members, Participants, or Others unfairly discriminatory to provide liquidity to a public exchange, thereby No written comments were solicited credits for adding liquidity as the promoting market depth, price proposed credits would be provided on or received with respect to the proposed discovery and transparency and rule change. an equal basis to all member enhancing order execution organizations that add liquidity by opportunities for member organizations. III. Date of Effectiveness of the meeting the new proposed Adding Tier As a result, the Exchange believes that Proposed Rule Change and Timing for requirements and would equally the proposed change furthers the Commission Action encourage all member organizations to Commission’s goal in adopting The foregoing rule change is effective provide displayed and non-displayed Regulation NMS of fostering integrated upon filing pursuant to Section liquidity on the Exchange. As noted, the competition among orders, which 19(b)(3)(A) 17 of the Act and Exchange believes that the proposed promotes ‘‘more efficient pricing of subparagraph (f)(2) of Rule 19b–4 18 credits would provide an incentive for individual stocks for all types of orders, thereunder, because it establishes a due, member organizations to send large and small.’’ 16 fee, or other charge imposed by the additional liquidity to the Exchange in Intramarket Competition. The Exchange. order to qualify for the additional proposed changes are designed to attract At any time within 60 days of the credits. The Exchange also believes that additional order flow to the Exchange. filing of such proposed rule change, the the proposed change is not unfairly The Exchange believes that the Commission summarily may discriminatory because it is reasonably proposed changes would continue to temporarily suspend such rule change if related to the value to the Exchange’s incentivize market participants to direct it appears to the Commission that such market quality associated with higher displayed and non-displayed order flow action is necessary or appropriate in the volume. Finally, the submission of to the Exchange. Greater liquidity public interest, for the protection of orders to the Exchange is optional for benefits all market participants on the investors, or otherwise in furtherance of member organizations in that they could Exchange by providing more trading the purposes of the Act. If the choose whether to submit orders to the opportunities and encourages member Commission takes such action, the Exchange and, if they do, the extent of organizations to send orders, thereby Commission shall institute proceedings its activity in this regard. contributing to robust levels of liquidity, under Section 19(b)(2)(B) 19 of the Act to New SLP Tier 5 which benefits all market participants determine whether the proposed rule on the Exchange. The current credits change should be approved or The Exchange believes its proposal to would be available to all similarly disapproved. offer an new SLP tier is not unfairly situated market participants, and, as discriminatory because the proposal such, the proposed change would not IV. Solicitation of Comments would be provided on an equal basis to impose a disparate burden on Interested persons are invited to all member organizations that add competition among market participants submit written data, views, and liquidity by meeting the new proposed on the Exchange. As noted, the proposal arguments concerning the foregoing, alternative requirements, who would all would apply to all similarly situated including whether the proposed rule be eligible for the same credit on an member organizations on the same and change is consistent with the Act. equal basis. Accordingly, no member equal terms, who would benefit from Comments may be submitted by any of organization already operating on the the changes on the same basis. the following methods: Exchange would be disadvantaged by Accordingly, the proposed change this allocation of fees. The proposal would not impose a disparate burden on Electronic Comments neither targets nor will it have a competition among market participants • Use the Commission’s internet disparate impact on any particular on the Exchange. comment form (http://www.sec.gov/ category of market participant. The Intermarket Competition. The rules/sro.shtml); or proposal does not permit unfair Exchange operates in a highly • Send an email to rule-comments@ discrimination because the qualification competitive market in which market sec.gov. Please include File Number SR– criteria would be applied to all similarly participants can readily choose to send NYSE–2021–23 on the subject line. situated member organizations, who their orders to other exchange and off- would all be eligible for the same credits 17 15 U.S.C. 78s(b)(3)(A). on an equal basis. Finally, as noted, the 15 15 U.S.C. 78f(b)(8). 18 17 CFR 240.19b–4(f)(2). Exchange believes the proposal would 16 Regulation NMS, 70 FR at 37498–99. 19 15 U.S.C. 78s(b)(2)(B).

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Paper Comments SECURITIES AND EXCHANGE program related to Rule 7.10 (Clearly Erroneous Executions) to the close of • COMMISSION Send paper comments in triplicate business on October 20, 2021. The pilot to Secretary, Securities and Exchange [Release No. 34–91549; File No. SR– NYSENAT–2021–08] program is currently due to expire on Commission, 100 F Street NE, April 20, 2021. Washington, DC 20549–1090. Self-Regulatory Organizations; NYSE On September 10, 2010, the All submissions should refer to File National, Inc.; Notice of Filing and Commission approved, on a pilot basis, Number SR–NYSE–2021–23. This file Immediate Effectiveness of Proposed changes to Rule 11.19 (Clearly number should be included on the Rule Change To Extend the Current Erroneous Executions) that, among other subject line if email is used. To help the Pilot Program Related to Rule 7.10 things: (i) Provided for uniform Commission process and review your April 14, 2021. treatment of clearly erroneous execution comments more efficiently, please use Pursuant to Section 19(b)(1) 1 of the reviews in multi-stock events involving only one method. The Commission will Securities Exchange Act of 1934 (the twenty or more securities; and (ii) post all comments on the Commission’s ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 reduced the ability of the Exchange to internet website (http://www.sec.gov/ notice is hereby given that on April 2, deviate from the objective standards set rules/sro.shtml). Copies of the 2021, NYSE National, Inc. (‘‘NYSE forth in the rule.4 In 2013, the Exchange submission, all subsequent National’’ or the ‘‘Exchange’’) filed with adopted a provision designed to address amendments, all written statements the Securities and Exchange the operation of the Plan.5 Finally, in with respect to the proposed rule Commission (‘‘Commission’’) the 2014, the Exchange adopted two change that are filed with the proposed rule change as described in additional provisions providing that: (i) Commission, and all written Items I and II below, which Items have A series of transactions in a particular communications relating to the been prepared by the self-regulatory security on one or more trading days proposed rule change between the organization. The Commission is may be viewed as one event if all such Commission and any person, other than publishing this notice to solicit transactions were effected based on the comments on the proposed rule change those that may be withheld from the same fundamentally incorrect or grossly from interested persons. public in accordance with the misinterpreted issuance information provisions of 5 U.S.C. 552, will be I. Self-Regulatory Organization’s resulting in a severe valuation error for available for website viewing and Statement of the Terms of Substance of all such transactions; and (ii) in the printing in the Commission’s Public the Proposed Rule Change event of any disruption or malfunction in the operation of the electronic Reference Room, 100 F Street NE, The Exchange proposes to extend the communications and trading facilities of Washington, DC 20549 on official current pilot program related to Rule an Exchange, another SRO, or business days between the hours of 7.10 (Clearly Erroneous Executions) to responsible single plan processor in 10:00 a.m. and 3:00 p.m. Copies of the the close of business on October 20, connection with the transmittal or filing also will be available for 2021. The proposed rule change is receipt of a trading halt, an Officer, inspection and copying at the principal available on the Exchange’s website at acting on his or her own motion, shall office of the Exchange. All comments www.nyse.com, at the principal office of nullify any transaction that occurs after received will be posted without change. the Exchange, and at the Commission’s Public Reference Room. a trading halt has been declared by the Persons submitting comments are primary listing market for a security and cautioned that we do not redact or edit II. Self-Regulatory Organization’s before such trading halt has officially personal identifying information from Statement of the Purpose of, and ended according to the primary listing comment submissions. You should Statutory Basis for, the Proposed Rule market.6 Rule 11.19 is no longer submit only information that you wish Change applicable to any securities that trade on to make available publicly. All In its filing with the Commission, the the Exchange and has been replaced submissions should refer to File self-regulatory organization included with Rule 7.10, which is substantively Number SR–NYSE–2021–23, and statements concerning the purpose of, identical to Rule 11.19.7 should be submitted on or before May and basis for, the proposed rule change These changes were originally 11, 2021. and discussed any comments it received scheduled to operate for a pilot period For the Commission, by the Division of on the proposed rule change. The text to coincide with the pilot period for the Trading and Markets, pursuant to delegated of those statements may be examined at Plan to Address Extraordinary Market authority.20 the places specified in Item IV below. Volatility (the ‘‘Limit Up-Limit Down J. Matthew DeLesDernier, The Exchange has prepared summaries, Plan’’ or ‘‘LULD Plan’’),8 including any set forth in sections A, B, and C below, Assistant Secretary. extensions to the pilot period for the of the most significant parts of such [FR Doc. 2021–08043 Filed 4–19–21; 8:45 am] statements. 4 BILLING CODE 8011–01–P See Securities Exchange Act Release No. 62886 A. Self-Regulatory Organization’s (Sept. 10, 2010), 75 FR 56613 (Sept. 16, 2010) (SR– Statement of the Purpose of, and NSX–2010–07). 5 See Securities Exchange Act Release No. 68803 Statutory Basis for, the Proposed Rule (Feb. 1, 2013), 78 FR 9078 (Feb. 7, 2013) (SR–NSX– Change 2013–06). 6 See Securities Exchange Act Release No. 72434 1. Purpose (June 19, 2014), 79 FR 36110 (June 25, 2014) (SR– The purpose of the proposed rule NSX–2014–08). change is to extend the current pilot 7 See Securities Exchange Act Release No. 83289 (May 17, 2018), 83 FR 23968 (May 23, 2018) (SR– NYSENAT–2018–02). 1 15 U.S.C. 78s(b)(1). 8 See Securities Exchange Act Release No. 67091 2 15 U.S.C. 78a. (May 31, 2012), 77 FR 33498 (June 6, 2012) (the 20 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4. ‘‘Limit Up-Limit Down Release’’).

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LULD Plan.9 In April 2019, the requirements of Section 6(b) of the C. Self-Regulatory Organization’s Commission approved an amendment to Act,16 in general, and Section 6(b)(5) of Statement on Comments on the the LULD Plan for it to operate on a the Act,17 in particular, in that it is Proposed Rule Change Received From permanent, rather than pilot, basis.10 In designed to remove impediments to and Members, Participants, or Others light of that change, the Exchange perfect the mechanism of a free and No written comments were solicited amended Rule 7.10 to untie the pilot open market and a national market or received with respect to the proposed program’s effectiveness from that of the system, to promote just and equitable rule change. LULD Plan and to extend the pilot’s principles of trade, and, in general, to effectiveness to the close of business on protect investors and the public interest III. Date of Effectiveness of the October 18, 2019.11 The Exchange later and not to permit unfair discrimination Proposed Rule Change and Timing for amended Rule 7.10 to extend the pilot’s between customers, issuers, brokers, or Commission Action effectiveness to the close of business on dealers. The Exchange believes that the Because the foregoing proposed rule 12 13 April 20, 2020, October 20, 2020, proposed rule change promotes just and change does not: (i) Significantly affect 14 and subsequently, April 20, 2021. equitable principles of trade in that it the protection of investors or the public The Exchange now proposes to amend promotes transparency and uniformity interest; (ii) impose any significant Rule 7.10 to extend the pilot’s across markets concerning review of burden on competition; and (iii) become effectiveness for a further six months to operative for 30 days from the date on the close of business on October 20, transactions as clearly erroneous. The Exchange believes that extending the which it was filed, or such shorter time 2021. If the pilot period is not either as the Commission may designate, it has extended, replaced or approved as clearly erroneous execution pilot under Rule 7.10 for an additional six months become effective pursuant to Section permanent, the prior versions of 19(b)(3)(A) of the Act 18 and Rule 19b– paragraphs (c), (e)(2), (f), and (g) as would help assure that the 4(f)(6) thereunder.19 described in former Rule 11.19 will be determination of whether a clearly erroneous trade has occurred will be A proposed rule change filed under in effect, and the provisions of 20 based on clear and objective criteria, Rule 19b–4(f)(6) normally does not paragraphs (i) through (k) shall be null become operative prior to 30 days after and void.15 In such an event, the and that the resolution of the incident will occur promptly through a the date of the filing. However, Rule remaining sections of Rule 7.10 would 21 transparent process. The proposed rule 19b–4(f)(6)(iii) permits the continue to apply to all transactions Commission to designate a shorter time executed on the Exchange. The change would also help assure if such action is consistent with the Exchange understands that the other consistent results in handling erroneous protection of investors and the public national securities exchanges and trades across the U.S. equities markets, interest. The Exchange has asked the Financial Industry Regulatory Authority thus furthering fair and orderly markets, Commission to waive the 30-day (‘‘FINRA’’) will also file similar the protection of investors and the operative delay so that the proposed proposals to extend their respective public interest. Based on the foregoing, rule change may become operative clearly erroneous execution pilot the Exchange believes the amended immediately upon filing. The programs, the substance of which are clearly erroneous executions rule Commission believes that waiving the identical to Rule 7.10. should continue to be in effect on a pilot 30-day operative delay is consistent The Exchange does not propose any basis while the Exchange and other self- with the protection of investors and the additional changes to Rule 7.10. regulatory organizations consider Extending the effectiveness of Rule 7.10 public interest, as it will allow the whether further amendments to these current clearly erroneous execution for an additional six months will rules are appropriate. provide the Exchange and other self- pilot program to continue regulatory organizations additional time B. Self-Regulatory Organization’s uninterrupted, without any changes, to consider whether further Statement on Burden on Competition while the Exchange and the other amendments to the clearly erroneous national securities exchanges consider a execution rules are appropriate. The Exchange does not believe that permanent proposal for clearly the proposed rule change would impose erroneous execution reviews. For this 2. Statutory Basis any burden on competition that is not reason, the Commission hereby waives The Exchange believes the proposed necessary or appropriate in furtherance the 30-day operative delay and rule change is consistent with the of the purposes of the Act. The proposal designates the proposed rule change as would ensure the continued, operative upon filing.22 9 See Securities Exchange Act Release No. 71797 uninterrupted operation of harmonized At any time within 60 days of the (March 25, 2014), 79 FR 18108 (March 31, 2014) clearly erroneous execution rules across filing of the proposed rule change, the (SR–NSX–2014–07). the U.S. equities markets while the Commission summarily may 10 See Securities Exchange Act Release No. 85623 (April 11, 2019), 84 FR 16086 (April 17, 2019) Exchange and other self-regulatory (approving Eighteenth Amendment to LULD Plan). organizations consider whether further 18 15 U.S.C. 78s(b)(3)(A). 11 See Securities Exchange Act Release No. 85522 amendments to these rules are 19 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– (April 5, 2019), 84 FR 14704 (April 11, 2019) (SR– appropriate. The Exchange understands 4(f)(6)(iii) requires a self-regulatory organization to NYSENAT–2019–07). give the Commission written notice of its intent to 12 See Securities Exchange Act Release No. 87352 that the other national securities file the proposed rule change, along with a brief (October 18, 2019), 84 FR 57063 (October 24, 2019) exchanges and FINRA will also file description and text of the proposed rule change, (SR–NYSENAT–2019–24). similar proposals to extend their at least five business days prior to the date of filing 13 See Securities Exchange Act Release No. 88593 respective clearly erroneous execution of the proposed rule change, or such shorter time (April 8, 2020), 85 FR 20728 (April 14, 2020) (SR– as designated by the Commission. The Exchange NYSENAT–2020–13). pilot programs. Thus, the proposed rule has satisfied this requirement. 14 See Securities Exchange Act Release No. 90157 change will help to ensure consistency 20 17 CFR 240.19b–4(f)(6). (October 13, 2020), 85 FR 66393 (October 19, 2020) across market centers without 21 17 CFR 240.19b–4(f)(6)(iii). (SR–NYSENAT–2020–32). implicating any competitive issues. 22 For purposes only of waiving the 30-day 15 See supra notes 4–6. The prior versions of operative delay, the Commission has also paragraphs (c), (e)(2), (f), and (g) generally provided considered the proposed rule’s impact on greater discretion to the Exchange with respect to 16 15 U.S.C. 78f(b). efficiency, competition, and capital formation. See breaking erroneous trades. 17 15 U.S.C. 78f(b)(5). 15 U.S.C. 78c(f).

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temporarily suspend such rule change if submit only information that you wish The text of the proposed rule change it appears to the Commission that such to make available publicly. All is also available on the Exchange’s action is necessary or appropriate in the submissions should refer to File website (http://markets.cboe.com/us/ public interest, for the protection of Number SR–NYSENAT–2021–08 and equities/regulation/rule_filings/edga/), investors, or otherwise in furtherance of should be submitted on or before May at the Exchange’s Office of the the purposes of the Act. If the 11, 2021. Secretary, and at the Commission’s Commission takes such action, the For the Commission, by the Division of Public Reference Room. Commission shall institute proceedings Trading and Markets, pursuant to delegated II. Self-Regulatory Organization’s to determine whether the proposed rule 23 authority. Statement of the Purpose of, and change should be approved or J. Matthew DeLesDernier, Statutory Basis for, the Proposed Rule disapproved. Assistant Secretary. Change IV. Solicitation of Comments [FR Doc. 2021–08039 Filed 4–19–21; 8:45 am] In its filing with the Commission, the Interested persons are invited to BILLING CODE 8011–01–P Exchange included statements submit written data, views, and concerning the purpose of and basis for arguments concerning the foregoing, the proposed rule change and discussed including whether the proposed rule SECURITIES AND EXCHANGE any comments it received on the change is consistent with the Act. COMMISSION proposed rule change. The text of these Comments may be submitted by any of statements may be examined at the [Release No. 34–91556; File No. SR– the following methods: CboeEDGA–2021–008] places specified in Item IV below. The Exchange has prepared summaries, set Electronic Comments forth in sections A, B, and C below, of • Self-Regulatory Organizations; Cboe Use the Commission’s internet EDGA Exchange, Inc.; Notice of Filing the most significant aspects of such comment form (http://www.sec.gov/ and Immediate Effectiveness of a statements. rules/sro.shtml); or Proposed Rule Change To Extend the • Send an email to rule-comments@ A. Self-Regulatory Organization’s Current Pilot Program Related to sec.gov. Please include File Number SR– Statement of the Purpose of, and EDGA Rule 11.15, Clearly Erroneous NYSENAT–2021–08 on the subject line. Statutory Basis for, the Proposed Rule Executions, to the Close of Business Change Paper Comments on October 20, 2021 • 1. Purpose Send paper comments in triplicate April 14, 2021. to Secretary, Securities and Exchange The purpose of this filing is to extend Pursuant to Section 19(b)(1) of the Commission, 100 F Street NE, the effectiveness of the Exchange’s Securities Exchange Act of 1934 Washington, DC 20549–1090. current rule applicable to Clearly (‘‘Act’’),1 and Rule 19b–4 thereunder,2 All submissions should refer to File Erroneous Executions to the close of notice is hereby given that on April 5, business on October 20, 2021. Portions Number SR–NYSENAT–2021–08. This 2021, Cboe EDGA Exchange, Inc. file number should be included on the of Rule 11.15, explained in further (‘‘Exchange’’ or ‘‘EDGA’’) filed with the detail below, are currently operating as subject line if email is used. To help the Securities and Exchange Commission Commission process and review your a pilot program set to expire on April (‘‘Commission’’) the proposed rule 5 comments more efficiently, please use 20, 2021. change as described in Items I and II On September 10, 2010, the only one method. The Commission will below, which Items have been prepared Commission approved, on a pilot basis, post all comments on the Commission’s by the Exchange. The Exchange filed the changes to EDGA Rule 11.15 that, internet website (http://www.sec.gov/ proposal as a ‘‘non-controversial’’ among other things: (i) Provided for rules/sro.shtml). Copies of the proposed rule change pursuant to uniform treatment of clearly submission, all subsequent Section 19(b)(3)(A)(iii) of the Act 3 and erroneous execution reviews in multi- amendments, all written statements Rule 19b–4(f)(6) thereunder.4 The stock events involving twenty or more with respect to the proposed rule Commission is publishing this notice to securities; and (ii) reduced the ability of change that are filed with the solicit comments on the proposed rule the Exchange to deviate from the Commission, and all written change from interested persons. objective standards set forth in the rule.6 communications relating to the In 2013, the Exchange adopted a proposed rule change between the I. Self-Regulatory Organization’s provision designed to address the Commission and any person, other than Statement of the Terms of Substance of operation of the Plan.7 Finally, in 2014, those that may be withheld from the the Proposed Rule Change the Exchange adopted two additional public in accordance with the Cboe EDGA Exchange, Inc. (‘‘EDGA’’ provisions providing that: (i) A series of provisions of 5 U.S.C. 552, will be or the ‘‘Exchange’’) is filing with the transactions in a particular security on available for website viewing and Securities and Exchange Commission one or more trading days may be viewed printing in the Commission’s Public (the ‘‘Commission’’) a proposed rule as one event if all such transactions Reference Room, 100 F Street NE, change to extend the current pilot were effected based on the same Washington, DC 20549, on official program related to EDGA Rule 11.15, fundamentally incorrect or grossly business days between the hours of Clearly Erroneous Executions, to the misinterpreted issuance information 10:00 a.m. and 3:00 p.m. Copies of the close of business on October 20, 2021. filing also will be available for The text of the proposed rule change is 5 See Securities Exchange Act Release No. 90235 inspection and copying at the principal provided in Exhibit 5. (October 21, 2020), 85 FR 68097 (October 27, 2020) office of the Exchange. All comments (SR–EDGA–2020–027). 6 See Securities Exchange Act Release No. 62886 received will be posted without change. 23 17 CFR 200.30–3(a)(12). Persons submitting comments are (September 10, 2010), 75 FR 56613 (September 16, 1 15 U.S.C. 78s(b)(1). 2010) (SR–EDGA–2010–03). cautioned that we do not redact or edit 2 17 CFR 240.19b–4. 7 See Securities Exchange Act Release No. 68806 personal identifying information from 3 15 U.S.C. 78s(b)(3)(A)(iii). (February 1, 2013), 78 FR 8670 (February 6, 2013) comment submissions. You should 4 17 CFR 240.19b–4(f)(6). (SR–EDGA–2013–05).

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resulting in a severe valuation error for effectiveness to the close of business on to permit unfair discrimination between all such transactions; and (ii) in the April 20, 2021.15 customers, issuers, brokers, or dealers. event of any disruption or malfunction The Exchange now proposes to amend In particular, the Exchange believes in the operation of the electronic EDGA Rule 11.15 to extend the pilot’s that extending the clearly erroneous communications and trading facilities of effectiveness to the close of business on execution pilot under EDGA Rule 11.15 an Exchange, another SRO, or October 20, 2021. The Exchange for an additional six months would help responsible single plan processor in understands that the other national assure that the determination of whether connection with the transmittal or securities exchanges and Financial a clearly erroneous trade has occurred receipt of a trading halt, an Officer, Industry Regulatory Authority will be based on clear and objective acting on his or her own motion, shall (‘‘FINRA’’) have filed similar proposals criteria, and that the resolution of the nullify any transaction that occurs after to extend their respective clearly incident will occur promptly through a a trading halt has been declared by the erroneous execution pilot programs, the transparent process. The proposed rule primary listing market for a security and substance of which are identical to change would also help assure before such trading halt has officially EDGA Rule 11.15.16 consistent results in handling erroneous ended according to the primary listing The Exchange does not propose any trades across the U.S. equities markets, market.8 additional changes to EDGA Rule 11.15. thus furthering fair and orderly markets, On December 26, 2018, the The Exchange believes the benefits to the protection of investors and the Commission published the proposed market participants from the more public interest. Based on the foregoing, Eighteenth Amendment 9 to the Plan to objective clearly erroneous executions the Exchange believes the amended Address Extraordinary Market Volatility rule should continue on a limited six clearly erroneous executions rule Pursuant to Rule 608 of Regulation NMS month pilot basis. As the Plan was should continue to be in effect on a pilot under the Act (the ‘‘Limit Up-Limit approved by the Commission to operate basis while the Exchange and the other Down Plan’’ or the ‘‘Plan’’) 10 to allow on a permanent, rather than pilot, basis national securities exchanges consider the Plan to operate on a permanent, the Exchange intends to assess whether and develop a permanent proposal for rather than pilot, basis. On April 8, additional changes should also be made clearly erroneous execution reviews. 2019, the Exchange amended EDGA to the operation of the clearly erroneous B. Self-Regulatory Organization’s Rule 11.15 to untie the pilot program’s execution rules. Extending the Statement on Burden on Competition effectiveness from that of the Plan and effectiveness of EDGA Rule 11.15 for an The Exchange does not believe that to extend the pilot’s effectiveness to the additional six months should provide the proposed rule change would impose close of business on October 18, 2019 in the Exchange and other national any burden on competition that is not order allow the Exchange and other securities exchanges additional time to national securities exchanges additional necessary or appropriate in furtherance consider further amendments, if any, to of the purposes of the Act. To the time to consider further amendments, if the clearly erroneous execution rules. any, to the clearly erroneous execution contrary, the Exchange understands that rules in light of the proposed Eighteenth 2. Statutory Basis FINRA and other national securities 11 exchanges have or will also file similar Amendment to the Plan. On April 17, The Exchange believes the proposed proposals to extend their respective 2019, the Commission published an rule change is consistent with the clearly erroneous execution pilot approval of the Eighteenth Amendment Securities Exchange Act of 1934 (the programs.20 Thus, the proposed rule to allow the Plan to operate on a ‘‘Act’’) and the rules and regulations 12 change will help to ensure consistency permanent, rather than pilot, basis. On thereunder applicable to the Exchange across market centers without October 21, 2019, the Exchange and, in particular, the requirements of implicating any competitive issues. amended EDGA Rule 11.15 to extend Section 6(b) of the Act.17 Specifically, the pilot’s effectiveness to the close of the Exchange believes the proposed rule C. Self-Regulatory Organization’s business on April 20, 2020.13 On March change is consistent with the Section Statement on Comments on the 18, 2020, the Exchange amended EDGA 6(b)(5) 18 requirements that the rules of Proposed Rule Change Received From Rule 11.15 to extend the pilot’s an exchange be designed to prevent Members, Participants, or Others effectiveness to the close of business on fraudulent and manipulative acts and No comments were solicited or October, 20, 2020.14 Finally, on October practices, to promote just and equitable received on the proposed rule change. 20, 2020, the Exchange amended EDGA principles of trade, to foster cooperation Rule 11.15 to extend the pilot’s and coordination with persons engaged III. Date of Effectiveness of the in regulating, clearing, settling, Proposed Rule Change and Timing for 8 See Securities Exchange Act Release No. 72434 processing information with respect to, Commission Action (June 19, 2014), 79 FR 36110 (June 25, 2014) (SR– EDGA–2014–11). and facilitating transactions in Because the foregoing proposed rule 9 See Securities Exchange Act Release No. 84843 securities, to remove impediments to change does not: (i) Significantly affect (December 18, 2018), 83 FR 66464 (December 26, and perfect the mechanism of a free and the protection of investors or the public 2018) (File No. 4–631) (‘‘Eighteenth Amendment’’). open market and a national market interest; (ii) impose any significant 10 See Securities Exchange Act Release No. 67091 system, and, in general, to protect burden on competition; and (iii) become (May 31, 2012), 77 FR 33498 (June 6, 2012) (the ‘‘Limit Up-Limit Down Release’’). investors and the public interest. operative for 30 days from the date on 11 See Securities Exchange Act Release No. 85544 Additionally, the Exchange believes the which it was filed, or such shorter time (April 8, 2019), 84 FR 15011 (April 12, 2019) (SR– proposed rule change is consistent with as the Commission may designate, it has CboeEDGA–2019–005). the Section 6(b)(5) 19 requirement that become effective pursuant to Section 12 See Securities Exchange Act Release No. 85623 the rules of an exchange not be designed 19(b)(3)(A) of the Act 21 and Rule 19b– (April 11, 2019), 84 FR 16086 (April 17, 2019) (File 22 No. 4–631). 4(f)(6) thereunder. 15 13 See Securities Exchange Act Release No. 87366 See supra note 5. (October 21, 2019), 84 FR 57538 (October 25, 2019) 16 See SR–FINRA–2021–004 (Filed March 15, 20 See supra note 16. (SR–CboeEDGA–2019–017). 2021). 21 15 U.S.C. 78s(b)(3)(A). 14 See Securities Exchange Act Release No. 88499 17 15 U.S.C. 78f(b). 22 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– (March 27, 2020), 85 FR 18604 (April 2, 2020) (SR– 18 15 U.S.C. 78f(b)(5). 4(f)(6)(iii) requires a self-regulatory organization to CboeEDGA–2020–009). 19 Id. Continued

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A proposed rule change filed under • Send an email to rule-comments@ SECURITIES AND EXCHANGE Rule 19b–4(f)(6) 23 normally does not sec.gov. Please include File Number SR– COMMISSION become operative prior to 30 days after CboeEDGA–2021–008 on the subject the date of the filing. However, Rule line. [Release No. 34–91553; File No. SR–NYSE– 24 19b–4(f)(6)(iii) permits the 2021–24] Commission to designate a shorter time Paper Comments if such action is consistent with the • Send paper comments in triplicate Self-Regulatory Organizations; New protection of investors and the public to Secretary, Securities and Exchange York Stock Exchange LLC; Notice of interest. The Exchange has asked the Commission, 100 F Street NE, Filing and Immediate Effectiveness of Commission to waive the 30-day Washington, DC 20549–1090. Proposed Rule Change To Extend the operative delay so that the proposed Current Pilot Program Related to Rule rule change may become operative All submissions should refer to File 7.10 immediately upon filing. The Number SR–CboeEDGA–2021–008. This Commission believes that waiving the file number should be included on the April 14, 2021. 30-day operative delay is consistent subject line if email is used. To help the Pursuant to Section 19(b)(1) 1 of the with the protection of investors and the Commission process and review your public interest, as it will allow the Securities Exchange Act of 1934 (the comments more efficiently, please use 2 3 current clearly erroneous execution ‘‘Act’’) and Rule 19b–4 thereunder, only one method. The Commission will notice is hereby given that on April 2, pilot program to continue post all comments on the Commission’s uninterrupted, without any changes, 2021, New York Stock Exchange LLC internet website (http://www.sec.gov/ (‘‘NYSE’’ or the ‘‘Exchange’’) filed with while the Exchange and the other rules/sro.shtml). Copies of the national securities exchanges consider a the Securities and Exchange submission, all subsequent permanent proposal for clearly Commission (‘‘Commission’’) the amendments, all written statements erroneous execution reviews. For this proposed rule change as described in with respect to the proposed rule reason, the Commission hereby waives Items I and II below, which Items have the 30-day operative delay and change that are filed with the been prepared by the self-regulatory designates the proposed rule change as Commission, and all written organization. The Commission is operative upon filing.25 communications relating to the publishing this notice to solicit At any time within 60 days of the proposed rule change between the comments on the proposed rule change filing of the proposed rule change, the Commission and any person, other than from interested persons. Commission summarily may those that may be withheld from the temporarily suspend such rule change if public in accordance with the I. Self-Regulatory Organization’s it appears to the Commission that such provisions of 5 U.S.C. 552, will be Statement of the Terms of Substance of action is necessary or appropriate in the available for website viewing and the Proposed Rule Change public interest, for the protection of printing in the Commission’s Public The Exchange proposes to extend the investors, or otherwise in furtherance of Reference Room, 100 F Street NE, current pilot program related to Rule the purposes of the Act. If the Washington, DC 20549, on official 7.10 (Clearly Erroneous Executions) to Commission takes such action, the business days between the hours of the close of business on October 20, Commission shall institute proceedings 10:00 a.m. and 3:00 p.m. Copies of the 2021. The proposed rule change is to determine whether the proposed rule filing also will be available for available on the Exchange’s website at change should be approved or inspection and copying at the principal www.nyse.com, at the principal office of disapproved. office of the Exchange. All comments the Exchange, and at the Commission’s received will be posted without change. IV. Solicitation of Comments Public Reference Room. Interested persons are invited to Persons submitting comments are submit written data, views, and cautioned that we do not redact or edit II. Self-Regulatory Organization’s arguments concerning the foregoing, personal identifying information from Statement of the Purpose of, and including whether the proposed rule comment submissions. You should Statutory Basis for, the Proposed Rule change is consistent with the Act. submit only information that you wish Change Comments may be submitted by any of to make available publicly. All In its filing with the Commission, the the following methods: submissions should refer to File Number SR–CboeEDGA–2021–008 and self-regulatory organization included Electronic Comments should be submitted on or before May statements concerning the purpose of, • Use the Commission’s internet 11, 2021. and basis for, the proposed rule change comment form (http://www.sec.gov/ and discussed any comments it received For the Commission, by the Division of rules/sro.shtml); or on the proposed rule change. The text Trading and Markets, pursuant to delegated of those statements may be examined at authority.26 give the Commission written notice of its intent to the places specified in Item IV below. file the proposed rule change, along with a brief J. Matthew DeLesDernier, The Exchange has prepared summaries, description and text of the proposed rule change, Assistant Secretary. at least five business days prior to the date of filing set forth in sections A, B, and C below, of the proposed rule change, or such shorter time [FR Doc. 2021–08040 Filed 4–19–21; 8:45 am] of the most significant parts of such as designated by the Commission. The Exchange BILLING CODE 8011–01–P statements. has satisfied this requirement. 23 17 CFR 240.19b–4(f)(6). 24 17 CFR 240.19b–4(f)(6)(iii). 25 For purposes only of waiving the 30-day operative delay, the Commission has also 1 15 U.S.C. 78s(b)(1). considered the proposed rule’s impact on efficiency, competition, and capital formation. See 2 15 U.S.C. 78a. 15 U.S.C. 78c(f). 26 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4.

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A. Self-Regulatory Organization’s These changes were originally for an additional six months will Statement of the Purpose of, and scheduled to operate for a pilot period provide the Exchange and other self- Statutory Basis for, the Proposed Rule to coincide with the pilot period for the regulatory organizations additional time Change Plan to Address Extraordinary Market to consider whether further Volatility (the ‘‘Limit Up-Limit Down amendments to the clearly erroneous 1. Purpose Plan’’ or ‘‘LULD Plan’’),8 including any execution rules are appropriate. The purpose of the proposed rule extensions to the pilot period for the 2. Statutory Basis change is to extend the current pilot LULD Plan.9 In April 2019, the program related to Rule 7.10 (Clearly Commission approved an amendment to The Exchange believes the proposed Erroneous Executions) to the close of the LULD Plan for it to operate on a rule change is consistent with the business on October 20, 2021. The pilot permanent, rather than pilot, basis.10 In requirements of Section 6(b) of the program is currently due to expire on light of that change, the Exchange Act,16 in general, and Section 6(b)(5) of April 20, 2021. amended Rules 7.10 and 128 to untie the Act,17 in particular, in that it is On September 10, 2010, the the pilot program’s effectiveness from designed to remove impediments to and Commission approved, on a pilot basis, that of the LULD Plan and to extend the perfect the mechanism of a free and changes to Rule 128 (Clearly Erroneous pilot’s effectiveness to the close of open market and a national market Executions) that, among other things: (i) business on October 18, 2019.11 The system, to promote just and equitable Provided for uniform treatment of Exchange later amended Rule 7.10 to principles of trade, and, in general, to clearly erroneous execution reviews in extend the pilot’s effectiveness to the protect investors and the public interest multi-stock events involving twenty or close of business on April 20, 2020,12 and not to permit unfair discrimination more securities; and (ii) reduced the October 20, 2020,13 and subsequently, between customers, issuers, brokers, or ability of the Exchange to deviate from April 20, 2021.14 dealers. The Exchange believes that the the objective standards set forth in the The Exchange now proposes to amend proposed rule change promotes just and rule.4 In 2013, the Exchange adopted a Rule 7.10 to extend the pilot program’s equitable principles of trade in that it provision to Rule 128 designed to effectiveness for a further six months promotes transparency and uniformity address the operation of the Plan.5 until the close of business on October across markets concerning review of Finally, in 2014, the Exchange adopted 20, 2021. If the pilot period is not either transactions as clearly erroneous. The two additional provisions to Rule 128 extended, replaced or approved as Exchange believes that extending the providing that: (i) A series of permanent, the prior versions of clearly erroneous execution pilot under transactions in a particular security on paragraphs (c), (e)(2), (f), and (g) shall be Rule 7.10 for an additional six months one or more trading days may be viewed in effect, and the provisions of would help assure that the as one event if all such transactions paragraphs (i) through (k) shall be null determination of whether a clearly were effected based on the same and void.15 In such an event, the erroneous trade has occurred will be fundamentally incorrect or grossly remaining sections of Rules 7.10 would based on clear and objective criteria, misinterpreted issuance information continue to apply to all transactions and that the resolution of the incident resulting in a severe valuation error for executed on the Exchange. The will occur promptly through a all such transactions; and (ii) in the Exchange understands that the other transparent process. The proposed rule event of any disruption or malfunction national securities exchanges and change would also help assure in the operation of the electronic Financial Industry Regulatory Authority consistent results in handling erroneous communications and trading facilities of (‘‘FINRA’’) will also file similar trades across the U.S. equities markets, an Exchange, another SRO, or proposals to extend their respective thus furthering fair and orderly markets, responsible single plan processor in clearly erroneous execution pilot the protection of investors and the connection with the transmittal or programs, the substance of which are public interest. Based on the foregoing, receipt of a trading halt, an Officer, identical to Rule 7.10. the Exchange believes the amended acting on his or her own motion, shall The Exchange does not propose any clearly erroneous executions rule nullify any transaction that occurs after additional changes to Rule 7.10. should continue to be in effect on a pilot a trading halt has been declared by the Extending the effectiveness of Rule 7.10 basis while the Exchange and other self- primary listing market for a security and regulatory organizations consider 8 See Securities Exchange Act Release No. 67091 whether further amendments to these before such trading halt has officially (May 31, 2012), 77 FR 33498 (June 6, 2012) (the ended according to the primary listing ‘‘Limit Up-Limit Down Release’’). rules are appropriate. market.6 Rule 128 is no longer 9 See Securities Exchange Act Release No. 71821 B. Self-Regulatory Organization’s applicable to any securities that trade on (March 27, 2014), 79 FR 18592 (April 2, 2014) (SR– Statement on Burden on Competition the Exchange and has been replaced NYSE–2014–17). 10 See Securities Exchange Act Release No. 85623 The Exchange does not believe that with Rule 7.10, which is substantively (April 11, 2019), 84 FR 16086 (April 17, 2019) identical to Rule 128.7 the proposed rule change would impose (approving Eighteenth Amendment to LULD Plan). any burden on competition that is not 11 See Securities Exchange Act Release No. 85523 4 See Securities Exchange Act Release No. 62886 (April 5, 2019), 84 FR 14706 (April 11, 2019) (SR– necessary or appropriate in furtherance (Sept. 10, 2010), 75 FR 56613 (Sept. 16, 2010) (SR– NYSE–2019–17). of the purposes of the Act. The proposal NYSE–2010–47). 12 See Securities Exchange Act Release No. 87353 would ensure the continued, 5 See Securities Exchange Act Release No. 68804 (October 18, 2019), 84 FR 57087 (October 24, 2019) uninterrupted operation of harmonized (Feb. 1, 2013), 78 FR 8677 (Feb. 6, 2013) (SR– (SR–NYSE–2019–56). clearly erroneous execution rules across NYSE–2013–11). 13 See Securities Exchange Act Release No. 88580 6 See Securities Exchange Act Release No. 72434 (April 7, 2020), 85 FR 20551 (April 13, 2020) (SR– the U.S. equities markets while the (June 19, 2014), 79 FR 36110 (June 25, 2014) (SR– NYSE–2020–24). Exchange and other self-regulatory NYSE–2014–22). 14 See Securities Exchange Act Release No. 90151 organizations consider whether further 7 See Securities Exchange Act Release Nos. 82945 (October 9, 2020), 85 FR 65458 (October 15, 2020) amendments to these rules are (March 26, 2019), 83 FR 13553, 13565 (March 29, (SR–NYSE–2020–83). appropriate. The Exchange understands 2019) (SR–NYSE–2017–36) (Approval Order) and 15 See supra notes 4–6. The prior versions of 85962 (May 29, 2019), 84 FR 26188, 26189 n.13 paragraphs (c), (e)(2), (f), and (g) generally provided (June 5, 2019) (SR–NYSE–2019–05) (Approval greater discretion to the Exchange with respect to 16 15 U.S.C. 78f(b). Order). breaking erroneous trades. 17 15 U.S.C. 78f(b)(5).

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that the other national securities designates the proposed rule change as business days between the hours of exchanges and FINRA will also file operative upon filing.22 10:00 a.m. and 3:00 p.m. Copies of the similar proposals to extend their At any time within 60 days of the filing also will be available for respective clearly erroneous execution filing of the proposed rule change, the inspection and copying at the principal pilot programs. Thus, the proposed rule Commission summarily may office of the Exchange. All comments change will help to ensure consistency temporarily suspend such rule change if received will be posted without change. across market centers without it appears to the Commission that such Persons submitting comments are implicating any competitive issues. action is necessary or appropriate in the cautioned that we do not redact or edit public interest, for the protection of C. Self-Regulatory Organization’s personal identifying information from investors, or otherwise in furtherance of comment submissions. You should Statement on Comments on the the purposes of the Act. If the submit only information that you wish Proposed Rule Change Received From Commission takes such action, the to make available publicly. All Members, Participants, or Others Commission shall institute proceedings submissions should refer to File No written comments were solicited to determine whether the proposed rule change should be approved or Number SR–NYSE–2021–24 and should or received with respect to the proposed be submitted on or before May 11, 2021. rule change. disapproved. IV. Solicitation of Comments For the Commission, by the Division of III. Date of Effectiveness of the Trading and Markets, pursuant to delegated Proposed Rule Change and Timing for Interested persons are invited to authority.23 Commission Action submit written data, views, and J. Matthew DeLesDernier, Because the foregoing proposed rule arguments concerning the foregoing, including whether the proposed rule Assistant Secretary. change does not: (i) Significantly affect [FR Doc. 2021–08042 Filed 4–19–21; 8:45 am] the protection of investors or the public change is consistent with the Act. BILLING CODE 8011–01–P interest; (ii) impose any significant Comments may be submitted by any of burden on competition; and (iii) become the following methods: operative for 30 days from the date on Electronic Comments SECURITIES AND EXCHANGE which it was filed, or such shorter time • Use the Commission’s internet COMMISSION as the Commission may designate, it has comment form (http://www.sec.gov/ become effective pursuant to Section rules/sro.shtml); or 19(b)(3)(A) of the Act 18 and Rule 19b– • [Release No. 34–91547; File No. SR–CBOE– Send an email to rule-comments@ 2021–021] 4(f)(6) thereunder.19 sec.gov. Please include File Number SR– A proposed rule change filed under NYSE–2021–24 on the subject line. 20 Self-Regulatory Organizations; Cboe Rule 19b–4(f)(6) normally does not Exchange, Inc.; Notice of Filing and become operative prior to 30 days after Paper Comments Immediate Effectiveness of a Proposed the date of the filing. However, Rule • Send paper comments in triplicate Rule Change Relating To Amend Its 19b–4(f)(6)(iii) 21 permits the to Secretary, Securities and Exchange Fees Schedule To Adopt Reduced Commission to designate a shorter time Commission, 100 F Street NE, Permit Fees for New Floor Brokers if such action is consistent with the Washington, DC 20549–1090. protection of investors and the public All submissions should refer to File April 14, 2021. interest. The Exchange has asked the Number SR–NYSE–2021–24. This file Commission to waive the 30-day number should be included on the Pursuant to Section 19(b)(1) of the operative delay so that the proposed subject line if email is used. To help the Securities Exchange Act of 1934 (the 1 2 rule change may become operative Commission process and review your ‘‘Act’’) and Rule 19b–4 thereunder, immediately upon filing. The comments more efficiently, please use notice is hereby given that, on April 1, Commission believes that waiving the only one method. The Commission will 2021, Cboe Exchange, Inc. (‘‘CBOE’’ or 30-day operative delay is consistent post all comments on the Commission’s the ‘‘Exchange’’) filed with the with the protection of investors and the internet website (http://www.sec.gov/ Securities and Exchange Commission public interest, as it will allow the rules/sro.shtml). Copies of the (the ‘‘Commission’’) the proposed rule current clearly erroneous execution submission, all subsequent change as described in Items I, II and III pilot program to continue amendments, all written statements below, which Items have been prepared uninterrupted, without any changes, with respect to the proposed rule by the Exchange. The Commission is while the Exchange and the other change that are filed with the publishing this notice to solicit national securities exchanges consider a Commission, and all written comments on the proposed rule change permanent proposal for clearly communications relating to the from interested persons. erroneous execution reviews. For this proposed rule change between the reason, the Commission hereby waives Commission and any person, other than I. Self-Regulatory Organization’s the 30-day operative delay and those that may be withheld from the Statement of the Terms of Substance of public in accordance with the the Proposed Rule Change 18 15 U.S.C. 78s(b)(3)(A). provisions of 5 U.S.C. 552, will be Cboe Exchange, Inc. (the ‘‘Exchange’’ 19 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– available for website viewing and or ‘‘Cboe Options’’) proposes to amend 4(f)(6)(iii) requires a self-regulatory organization to printing in the Commission’s Public give the Commission written notice of its intent to its Fees Schedule to adopt reduced file the proposed rule change, along with a brief Reference Room, 100 F Street NE, permit fees for new Floor Brokers. The description and text of the proposed rule change, Washington, DC 20549, on official text of the proposed rule change is at least five business days prior to the date of filing provided in Exhibit 5. of the proposed rule change, or such shorter time 22 For purposes only of waiving the 30-day as designated by the Commission. The Exchange operative delay, the Commission has also has satisfied this requirement. considered the proposed rule’s impact on 23 17 CFR 200.30–3(a)(12). 20 17 CFR 240.19b–4(f)(6). efficiency, competition, and capital formation. See 1 15 U.S.C. 78s(b)(1). 21 17 CFR 240.19b–4(f)(6)(iii). 15 U.S.C. 78c(f). 2 17 CFR 240.19b–4.

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The text of the proposed rule change The Exchange believes the proposed is also reasonable as it may incentivize is also available on the Exchange’s change may incentivize new market new market participants to become website (http://www.cboe.com/ participants to become Floor Brokers on Floor Brokers on the Exchange and help AboutCBOE/ the Exchange and help offset initial offset initial costs associated with CBOELegalRegulatoryHome.aspx), at costs of operation as Floor Brokers. The becoming a Floor Broker. The Exchange the Exchange’s Office of the Secretary, Exchange also notes the proposed believes the proposed discount is and at the Commission’s Public reduced rate is consistent with the rates equitable and not unfairly Reference Room. charged by another Exchange to Floor discriminatory because all New Floor Broker participants.4 Brokers are eligible. The Exchange also II. Self-Regulatory Organization’s believes it’s equitable and not unfairly Statement of the Purpose of, and 2. Statutory Basis discriminatory to provide the discount Statutory Basis for, the Proposed Rule The Exchange believes that the to New Floor Brokers because it is Change proposed rule change is consistent with designed to encourage new market In its filing with the Commission, the the objectives of Section 6 of the Act,5 participants to become Floor Brokers on Exchange included statements in general, and furthers the objectives of the Exchange that may not otherwise do concerning the purpose of and basis for Section 6(b)(4),6 in particular, as it is so because of the expense involved in the proposed rule change and discussed designed to provide for the equitable becoming a Floor Broker. The Exchange any comments it received on the allocation of reasonable dues, fees and also believes it’s equitable and not proposed rule change. The text of these other charges among its Members and unfairly discriminatory to offer a statements may be examined at the issuers and other persons using its discount to Floor Brokers because Floor places specified in Item IV below. The facilities. The Exchange also believes Brokers serve an important function in Exchange has prepared summaries, set that the proposed rule change is facilitating the execution of orders via forth in sections A, B, and C below, of consistent with the objectives of Section open outcry, which as a price- the most significant aspects of such 6(b)(5) 7 requirements that the rules of improvement mechanism, the Exchange statements. an exchange be designed to prevent wishes to encourage and support. A. Self-Regulatory Organization’s fraudulent and manipulative acts and Further, the proposed change is Statement of the Purpose of, and practices, to promote just and equitable designed to further encourage the Statutory Basis for, the Proposed Rule principles of trade, to foster cooperation execution of orders via open outcry, Change and coordination with persons engaged which should increase volume, which in regulating, clearing, settling, would benefit all market participants 1. Purpose processing information with respect to, Lastly, the Exchange notes that it is not The Exchange proposes to amend its and facilitating transactions in aware of any market participant that is Fees Schedule to adopt reduced permit securities, to remove impediments to expected to qualify as a New Floor fees for new Floor Brokers. By way of and perfect the mechanism of a free and Broker within the next month, but to the background, a Floor Broker Permit (‘‘FB open market and a national market extent that this discount proves Permit’’) entitles the holder to act as a system, and, in general, to protect attractive to market participants, they Floor Broker on the floor of the investors and the public interest, and, are welcome to become Floor Brokers on exchange. The Exchange currently particularly, is not designed to permit the Exchange and receive the proposed maintains a Floor Trading Permit unfair discrimination between discount. customers, issuers, brokers, or dealers. Sliding Scale, which allows Floor B. Self-Regulatory Organization’s Additionally, the Exchange believes the Brokers to pay reduced rates for higher Statement on Burden on Competition quantity of FB Permits. Particularly, proposed rule change is consistent with Floor Brokers pay $7,500 for the first FB the Section 6(b)(5) 8 requirement that The Exchange does not believe that Permit, $5,700 per permit for the 2nd the rules of an exchange not be designed the proposed rule change will impose and 3rd FB Permits, $4,500 per permit to permit unfair discrimination between any burden on competition that is not for the 4th and 5th FB permits and customers, issuers, brokers, or dealers. necessary or appropriate in furtherance $3,200 for each additional FB Permit. In particular, the Exchange believes of the purposes of the Act. The The Exchange proposes to now adopt a that the proposed discount for the first Exchange does not believe that the discount for FB Permits for new Trading two FB Permits for New Floor Brokers proposed rule change will impose any Permit Holders (‘‘TPHs’’) or for TPHs is reasonable as such market burden on intramarket competition that that have not held a FB Permit in at participants will pay lower costs for is not necessary or appropriate in least twelve (12) months (collectively those permits. Also as noted above, the furtherance of the purposes of the Act referred to herein as ‘‘New Floor proposed discounted rate is consistent because, while it is limited to Floor Brokers’’). Specifically, the Exchange with the amount charged by another Brokers, Floor Brokers serve an proposes to assess New Floor Brokers exchange for Floor Broker permits.9 The important function in facilitating the $500 per permit for up to two FB Exchange notes it is not otherwise execution of orders via open outcry, Permits. Thereafter, any additional amending any of the rates in the Floor which as a price-improvement permit would be subject to the current Trading Permits Sliding Scale. The mechanism, the Exchange wishes to Floor Trading Permit Sliding Scale.3 A Exchange believes the proposed change encourage and support. Further, the New Floor Broker is only eligible for proposed change is designed to reduced fees for 6 months starting from 4 See NYSE American Options Fees Schedule, encourage more Floor Brokers which the month the 1st permit is activated. Section III (Monthly Trading Permit, Rights, Floor may further encourage more execution Access and Premium Product Fees). of orders via open outcry, which should 5 15 U.S.C. 78f. 3 For example, if a new Floor Broker purchases 4 increase volume, which would benefit 6 15 U.S.C. 78f(b)(4). FB Permits, the first two permits will be assessed all market participants trading via open 7 $500 each per month, and the third permit would 15 U.S.C. 78f.(b)(5). outcry. The Exchange does not believe 8 Id. be assessed $5,700 per month and the fourth permit that the proposed change will impose an would be assessed $4,500 per month. See Cboe 9 See NYSE American Options Fees Schedule, Options Fees Schedule, Floor Trading Permit Section III (Monthly Trading Permit, Rights, Floor unnecessary or inappropriate burden on Sliding Scales. Access and Premium Product Fees). intermarket competition because it only

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applies to Cboe Options. To the extent Commission process and review your of 1934 (‘‘Act’’) 1 and Rule 19b–4 that this discount proves attractive to comments more efficiently, please use thereunder,2 a proposed rule change to Floor Brokers on other options only one method. The Commission will modify the quorum requirement exchanges, or its results prove attractive post all comments on the Commission’s applicable to a non-U.S. company where to market participants on other internet website (http://www.sec.gov/ such company’s home country law is in exchanges, such Floor Brokers or market rules/sro.shtml). Copies of the direct conflict with Nasdaq’s quorum participants may elect to become Floor submission, all subsequent requirement. The proposed rule change Brokers or market participants at the amendments, all written statements was published for comment in the Exchange. with respect to the proposed rule Federal Register on January 15, 2021.3 change that are filed with the On February 25, 2021, pursuant to C. Self-Regulatory Organization’s Commission, and all written Section 19(b(2) of the Act,4 the Statement on Comments on the communications relating to the Proposed Rule Change Received From proposed rule change between the Commission designated a longer period Members, Participants, or Others Commission and any person, other than within which to either approve the The Exchange neither solicited nor those that may be withheld from the proposed rule change, disapprove the received comments on the proposed public in accordance with the proposed rule change, or institute rule change. provisions of 5 U.S.C. 552, will be proceedings to determine whether to available for website viewing and disapprove the proposed rule change.5 III. Date of Effectiveness of the printing in the Commission’s Public On April 8, 2021, the Exchange filed Proposed Rule Change and Timing for Reference Room, 100 F Street NE, Amendment No. 1 to the proposed rule Commission Action Washington, DC 20549, on official change, which replaced and superseded The foregoing rule change has become business days between the hours of the proposed rule change.6 The effective pursuant to Section 10:00 a.m. and 3:00 p.m. Copies of the Commission received no comments on 19(b)(3)(A)(ii) 10 of the Act. filing also will be available for the proposed rule change. The At any time within 60 days of the inspection and copying at the principal Commission is publishing notice of the filing of the proposed rule change, the office of the Exchange. All comments filing of Amendment No. 1 to solicit Commission summarily may received will be posted without change. comment from interested persons and is temporarily suspend such rule change if Persons submitting comments are approving the proposed rule change, as it appears to the Commission that such cautioned that we do not redact or edit modified by Amendment No. 1, on an action is necessary or appropriate in the personal identifying information from accelerated basis. public interest, for the protection of comment submissions. You should investors, or otherwise in furtherance of submit only information that you wish II. The Exchange’s Description of the the purposes of the Act. If the to make available publicly. All Proposal, as Modified by Amendment Commission takes such action, the submissions should refer to File No. No. 1 Commission shall institute proceedings SR–CBOE–2021–021, and should be under Section 19(b)(2)(B) 11 of the Act to submitted on or before May 11, 2021. In its filing with the Commission, the determine whether the proposed rule For the Commission, by the Division of Exchange included statements change should be approved or Trading and Markets, pursuant to delegated concerning the purpose of and basis for disapproved authority.12 the proposed rule change and discussed any comments it received on the IV. Solicitation of Comments J. Matthew DeLesDernier, Assistant Secretary. proposed rule change. The text of these Interested persons are invited to [FR Doc. 2021–08034 Filed 4–19–21; 8:45 am] statements may be examined at the submit written data, views, and BILLING CODE 8011–01–P places specified in Item IV below. The arguments concerning the foregoing, Exchange has prepared summaries, set including whether the proposed rule forth in sections A, B, and C below, of change is consistent with the Act. SECURITIES AND EXCHANGE the most significant aspects of such Comments may be submitted by any of COMMISSION statements. the following methods: [Release No. 34–91567; File No. SR– Electronic Comments NASDAQ–2020–100] • Use the Commission’s internet Self-Regulatory Organizations; The comment form (http://www.sec.gov/ Nasdaq Stock Market LLC; Notice of rules/sro.shtml); or Filing of Amendment No. 1 and Order • Send an email to rule-comments@ 1 Granting Accelerated Approval of a 15 U.S.C. 78s(b)(1). sec.gov. Please include File No. SR– 2 Proposed Rule Change, as Modified by 17 CFR 240.19b–4. CBOE–2021–021 on the subject line. 3 Amendment No. 1, To Modify the See Securities Exchange Act Release No. 90883 Paper Comments Quorum Requirement (January 11, 2021), 86 FR 4158 (January 15, 2021). 4 15 U.S.C. 78s(b)(2). • Send paper comments in triplicate April 14, 2021. 5 See Securities Exchange Act Release No. 91212, to Secretary, Securities and Exchange 86 FR 12503 (March 3, 2021). The Commission Commission, 100 F Street NE, I. Introduction designated April 15, 2021, as the date by which it Washington, DC 20549–1090. On December 31, 2020, The Nasdaq should approve, disapprove, or institute All submissions should refer to File No. Stock Market LLC (‘‘Nasdaq’’ or the proceedings to determine whether to disapprove the ‘‘Exchange’’) filed with the Securities proposed rule change. SR–CBOE–2021–021. This file number 6 and Exchange Commission In Amendment No. 1, the Exchange revised the should be included on the subject line rule language and made clarifying, conforming, and if email is used. To help the (‘‘Commission’’), pursuant to Section technical changes, as discussed in Section VI, infra. 19(b)(1) of the Securities Exchange Act Amendment No. 1 is available at https:// 10 15 U.S.C. 78s(b)(3)(A)(ii). www.sec.gov/comments/sr-nasdaq-2020-100/ 11 15 U.S.C. 78s(b)(2)(B). 12 17 CFR 200.30–3(a)(12). srnasdaq2020100-8652263-231434.pdf.

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A. Self-Regulatory Organization’s voting preferred stock, and their meetings than that set forth above. As Statement of the Purpose of, and equivalents.8 Under this rule, each this rule constitutes a public order Statutory Basis for, the Proposed Rule company that is not a limited under French law, it is required to be Change partnership must provide for a quorum followed and compliance is enforced by as specified in its by-laws for any the French courts and by the French 1. Purpose meeting of the holders of common stock; stock exchange authority, the Autorite´ Nasdaq is filing this amendment to provided, however, that in no case shall des marche´s financiers. According to 7 SR–NASDAQ–2020–100 in order to: (i) such quorum be less than 331⁄3% of the article L. 225–121, any decision taken in Make minor technical changes to outstanding shares of the company’s violation of the aforementioned rules on improve the structure, clarity and common voting stock.9 Nasdaq notes quorum is deemed null and void. As readability of this proposal; (ii) specify that domestic listed companies are such, a French company listed on a that Nasdaq will (rather than may) subject to quorum requirements under regulated market cannot comply with accept any quorum requirement for a the laws of their states of the Nasdaq Quorum Requirement. non-U.S. Company, that is not a foreign incorporation.10 Listing Rule 5615(a)(3) allows a private issuer, if the company’s home Nasdaq recently discovered that the foreign private issuer 13 to follow its country law mandates such quorum for laws of certain foreign jurisdictions are home country practice in lieu of the the shareholders’ meeting and prohibits in direct conflict with the Nasdaq requirements of the Rule 5600 Series, the company from establishing a higher Quorum Requirement. In particular, including the Nasdaq Quorum quorum required by Nasdaq, and the Nasdaq was approached by a French Requirement, subject to certain company cannot obtain an exemption or company that took advantage of the disclosure requirements and the waiver from that law; (iii) clarify that foreign private issuer exception and requirement that an independent such acceptance of any quorum relied on home country practices in lieu counsel in such company’s home requirement is subject to Nasdaq’s of the Nasdaq Quorum Requirement, but country certify to Nasdaq that the discretionary authority under Listing lost its foreign private issuer status and company’s practices are not prohibited Rule 5101; and (iv) add a provision that cannot comply with the Nasdaq by the home country’s laws.14 a company relying on the exception Quorum Requirement due to certain Accordingly, a French foreign private from the Nasdaq quorum requirement French law requirements.11 In that issuer could rely on Listing Rule must: regard, Article L. 225–98 of the French 5615(a)(3) to remain in compliance with (a) Make a public announcement as Commercial code 12 provides that upon the Nasdaq corporate governance promptly as possible but not more than first notice, the ordinary shareholders’ requirements in the Rule 5600 Series.15 four business days following the meeting shall have a quorum A non-U.S. company 16 that is not a submission of the independent requirement of one-fifth (20%) of the foreign private issuer currently is counsel’s statement to Nasdaq on or shares entitled to vote. The Article required to comply with the Nasdaq through the company’s website and further provides that by-laws of a Quorum Requirement without regard to either by filing a Form 8–K, where French company whose shares are listed the requirements of such company’s required by SEC rules, or by issuing a on a regulated market (which includes home country laws. As described above, press release explaining the company’s Euronext Paris) cannot provide for a for some companies, including DBV, the reliance on the exception; higher quorum for shareholders’ company’s home country law prohibits (b) maintain the website disclosure for the company from establishing a higher the period of time the company 8 Listing Rule 5620(a). quorum required by the Nasdaq Quorum continues to rely on this exception from 9 Listing Rule 5615(a)(4)(E) governing the quorum Requirement. the quorum requirements; and requirements for limited partnerships listed on Accordingly, Nasdaq proposes to (c) update the website disclosure at Nasdaq similarly requires that in the event of a modify the Nasdaq Quorum meeting of limited partners, the quorum for such Requirement to allow Nasdaq to accept least annually to indicate that the meeting shall be not less than 331⁄3 percent of the company is prohibited under its home limited partnership interests outstanding (together country law from complying with with the requirements of Listing Rule 5620(c), the 13 The term foreign private issuer means any Nasdaq’s quorum requirements as of ‘‘Nasdaq Quorum Requirement’’). foreign issuer other than a foreign government 10 For example, Delaware allows companies to except an issuer meeting the following conditions such date. establish their own quorum requirements in their as of the last business day of its most recently This amendment supersedes and certificates of incorporation or bylaws, provided completed second fiscal quarter: (i) More than 50 replaces the Initial Proposal in its that the quorum must be at least one-third of the percent of the outstanding voting securities of such entirety. shares entitled to vote on the matter. In the absence issuer are directly or indirectly owned of record by of a quorum provision in the company’s certificate residents of the United States; and (ii) Any of the Nasdaq is proposing to modify Listing of incorporation or bylaws, Delaware requires a following: (A) The majority of the executive officers Rules 5620(c) and 5615(a)(4)(E) to allow quorum of more than 50% of the shares entitled to or directors are United States citizens or residents; Nasdaq to accept a quorum less than vote on the matter. See 8 Del. Code Sec. 216. (B) More than 50 percent of the assets of the issuer 11 are located in the United States; or (C) The business 331⁄3% of the outstanding shares of a Ordinary shares of at least one Nasdaq listed of the issuer is administered principally in the company’s common voting stock where company DBV Technologies S.A. (DBV), are listed on Euronext Paris which is a regulated market United States. See Securities Act Rule 405 and the company is incorporated outside of under French and EU regulations. Accordingly, as Exchange Act Rule 3b–4. the U.S. and such company’s home explained below, DBV cannot amend its bylaws to 14 See Listing Rule 5615(a)(3)(B) and Listing Rule country law prohibits the company from increase the quorum requirement to comply with IM–5615–3. 15 establishing a quorum that satisfies the the Nasdaq Quorum Requirement. Since its IPO in As of December 31, 2019, approximately 62% 2014, DBV qualified as a foreign private issuer and of DBV’s outstanding ordinary shares were held by such quorum rules. relied on home country practices in lieu of U.S. residents. See company’s Form 20–F filed on Listing Rule 5620(c) establishes complying with the Nasdaq Quorum Requirement. March 20, 2020. As of June 30, 2020, DBV quorum requirements for an annual See also footnote 15 below. determined that it no longer qualified as a foreign meeting of shareholders for Nasdaq 12 ‘‘It can only validly deliberate upon first notice private issuer and would be required to comply if the shareholders present or represented own at with SEC rules for domestic issuers as of January companies listing common stock or least one fifth of the shares entitled to vote.’’ 1, 2021. Available at https://www.legifrance.gouv.fr/affich 16 For purposes of this rule, the term non-U.S. 7 Securities Exchange Act Release No. 90883 CodeArticle.do?idArticle= company refers to a company incorporated outside (January 11, 2021), 86 FR 4158 (January 15, 2021) LEGIARTI000038799445&cidTexte= of the U.S. See also Listing Rules 5630 and IM–5640 (the ‘‘Initial Proposal’’). LEGITEXT000005634379&dateTexte=20190721. that use this term.

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any quorum requirement for a non-U.S. exception remains appropriate, Nasdaq of time the company continues to rely company if such company’s home proposes to require the company to on the exception from the quorum country law mandates such quorum for update the website disclosure at least requirements is designed to protect the shareholders’ meeting and prohibits annually to indicate that the company investors and the public interest the company from establishing the continues to be prohibited under its because such website disclosure would higher quorum required by the Nasdaq home country law from complying with help assure continuous transparency. Quorum Requirement, and the company Nasdaq’s quorum requirements as of the Nasdaq also believes that the proposed cannot obtain an exemption or waiver date of such update. requirement to update the website from that law.17 This rule change is Nasdaq also proposes to modify disclosure at least annually to indicate consistent with the approach the Listing Rule 5615(a)(4)(E) governing the that the company continues to be Exchange takes in Listing Rule IM–5640 quorum requirements for limited prohibited under its home country law that allows Nasdaq to accept any action partnerships listed on Nasdaq to also from complying with Nasdaq’s quorum or issuance relating to the voting rights reflect this change to the Nasdaq requirements as of the date of such structure of a non-U.S. company that is Quorum Requirement. update is designed to protect investors not prohibited by the company’s home 2. Statutory Basis and the public interest because such country law.18 Nasdaq proposes to disclosure would help Nasdaq assure require that a company relying on this The Exchange believes that its that the exception remains appropriate. provision shall submit to Nasdaq a proposal is consistent with Section 6(b) written statement from an independent of the Act,19 in general, and furthers the B. Self-Regulatory Organization’s counsel in such company’s home objectives of Section 6(b)(5) of the Act,20 Statement on Burden on Competition country describing the home country in particular, in that it is designed to The Exchange does not believe that law that conflicts with Nasdaq’s quorum promote just and equitable principles of the proposed rule change will impose requirement. Nasdaq also proposes to trade, to remove impediments to and any burden on competition not require such counsel to certify that, as perfect the mechanism of a free and necessary or appropriate in furtherance the result of the conflict with the home open market and a national market of the purposes of the Act. The country law, the company is prohibited system, and, in general to protect proposed rule change will address from complying with the Nasdaq investors and the public interest. conflicting requirements of jurisdictions Nasdaq believes that the proposed Quorum Requirement, and the company currently affecting only one company, amendments to Listing Rules 5620(c) cannot obtain an exemption or waiver as described above; and as such, these and 5615(a)(4)(E) are designed to protect from that law. Finally, to assure changes are neither intended to, nor investors and the public interest appropriate disclosure, Nasdaq proposes expected to, impose any burden on because the proposal would eliminate a to require that any company relying on competition. this exception from the Nasdaq Quorum conflict forcing a company to be in Requirement must make a public violation of the Nasdaq rule, with a C. Self-Regulatory Organization’s announcement as promptly as possible result of delisting by following the law Statement on Comments on the but not more than four business days in its home jurisdiction. Nasdaq also Proposed Rule Change Received From following the submission of the believes that Nasdaq’s long experience Members, Participants, or Others independent counsel’s statement to of listing foreign private issuers, No written comments were either Nasdaq, as described above, on or including DBV, while allowing such solicited or received. through the Company’s website and companies to rely on home country either by filing a Form 8–K, where practices in lieu of the Nasdaq Quorum III. Discussion and Commission required by SEC rules, or by issuing a Requirement provides evidence of an Findings press release explaining the Company’s appropriate level of investor protection. The Commission has carefully reliance on the exception. In addition, this modification is reviewed the proposed rule change, as In addition, to help assure continuous consistent with the approach the modified by Amendment No. 1, and transparency, Nasdaq proposes to Exchange takes in Listing Rule IM–5640 finds that it is consistent with the require that such website disclosure is that allows Nasdaq to accept any action requirements of the Exchange Act and maintained for the period of time the or issuance relating to the voting rights the rules and regulations thereunder company continues to rely on the structure of a non-U.S. company that is applicable to a national securities exception from the quorum not prohibited by the company’s home exchange.21 In particular, the requirements. Finally, to help assure the country law. Nasdaq also believes the Commission finds that the proposed proposed amendments to Listing Rules rule change, as modified by Amendment 17 Nasdaq notes that under Listing Rule 5101 5620(c) and 5615(a)(4)(E) are designed No. 1, is consistent with Section 6(b)(5) Nasdaq has broad discretionary authority to deny to protect investors and the public initial listing, apply additional or more stringent of the Act,22 which requires, among criteria for the initial or continued listing of interest because any company relying other things, that the rules of a national particular securities, or suspend or delist particular on the proposed exception from the securities exchange be designed to securities based on any event, condition, or Nasdaq Quorum Requirement will be prevent fraudulent and manipulative circumstance that exists or occurs that makes initial required to make public disclosure on or or continued listing of the securities on Nasdaq acts and practices, to remove inadvisable or unwarranted in the opinion of through the Company’s website and impediments to and perfect the Nasdaq, even though the securities meet all either by filing a Form 8–K, where enumerated criteria for initial or continued listing mechanism of a free and open market required by SEC rules, or by issuing a and a national market system, and, in on Nasdaq. press release explaining the company’s 18 The proposed modified Nasdaq Quorum general, to protect investors and the Requirement will apply only in circumstances reliance on the exception. public interest, and are not designed to where the company’s home country law specifically Nasdaq believes that the proposed prohibits the company from establishing a higher requirement that such website 21 quorum required by the Nasdaq Quorum disclosure is maintained for the period 15 U.S.C. 78f. In approving this proposed rule Requirement, whereas Listing Rule IM–5640 allows change, the Commission has considered the Nasdaq to accept any voting rights structure of a proposed rule’s impact on efficiency, competition, non-U.S. company that is not prohibited by the 19 15 U.S.C. 78f(b). and capital formation. See 15 U.S.C. 78c(f). company’s home country law. 20 15 U.S.C. 78f(b)(5). 22 15 U.S.C. 78f(b)(4) and (5).

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permit unfair discrimination between with the Act. The proposed rules would Requirement make a public customers, issuers, brokers, or dealers. only allow the exception to the Nasdaq announcement on or through the The development and enforcement of Quorum Requirement under limited company’s website and by filing either meaningful corporate governance listing circumstances where a non-U.S. a Form 8–K, where required by standards for a national securities company’s home country law prohibits Commission rules, or by issuing a press exchange is of substantial importance to the company from establishing a release explaining the company’s financial markets and the investing quorum that satisfies the Nasdaq reliance on the exception.31 Such public, especially given investor Quorum Requirement, and the company website disclosure would be required to expectations regarding the nature of cannot obtain an exemption or waiver be maintained for the period of time the companies that have achieved an from that law.25 The company would be company continues to rely on the exchange listing for their securities. The required to obtain a written statement exception from the quorum corporate governance standards from an independent counsel in the requirements, and the company would embodied in the listing standards of company’s home country describing the be required to update the website national securities exchanges, in home country law that conflicts with disclosure at least annually to indicate particular, play an important role in the Nasdaq Quorum Requirement and that the company continues to be assuring that exchange-listed companies certifying that the company is prohibited under its home country law observe good governance practices prohibited from complying with the from complying with Nasdaq’s quorum including safeguarding the interests of Nasdaq Quorum Requirement and that requirements as of the date of such shareholders.23 the company cannot obtain an update. The Commission believes that As discussed above, current Nasdaq exemption or waiver from that law.26 such requirements will help to maintain Listing Rule 5620(c) states that a According to the Exchange, the transparency for investors and assist the company that is not a limited proposed rule change would currently Exchange in ensuring that the exception partnership must provide for a quorum affect only one listed company.27 The remains applicable to a company.32 as specified in its by-laws for any Exchange states that the proposal would For the reasons discussed above, the meeting of the holders of common stock; eliminate the conflict between the Commission believes that the proposed provided, however, that in no case shall rule change, as modified by Amendment 1 Nasdaq Quorum Requirement and the such quorum be less than 33 ⁄3% of the company’s home country laws, which No. 1, is consistent with Section 6(b)(5) outstanding shares of the company’s currently would force a company that of the Exchange Act. common voting stock, and current follows the law in its home jurisdiction IV. Solicitation of Comments on Nasdaq Listing Rule 5615(a)(4)(E) states to be in violation of the Nasdaq Quorum Amendment No. 1 to the Proposed Rule that the quorum requirements for a Requirement, and would result in meeting of limited partners shall not be Change delisting.28 less than 331⁄3% of the limited In addition, the Exchange states that Interested persons are invited to partnership interests outstanding. The it has allowed issuers to rely on home submit written data, views, and Exchange proposes to modify the country rules in other contexts. The arguments concerning whether Nasdaq Quorum Requirement to allow Exchange notes that it allows foreign Amendment No. 1 to the proposed rule Nasdaq to accept a quorum of less than private issuers to rely on home country change is consistent with the Act. 331⁄3% of the outstanding shares of a practices in lieu of the Nasdaq Quorum Comments may be submitted by any of company’s common voting stock or Requirement.29 Further, the Exchange the following methods: limited partnership interests where the states that the Exchange takes a similar company is incorporated outside of the Electronic Comments approach in Listing Rule IM–5640, U.S. and such company’s home country • which allows Nasdaq to accept any Use the Commission’s internet law prohibits the company from comment form (http://www.sec.gov/ establishing a quorum that satisfies the action or issuance relating to the voting rights structure of a non-U.S. company rules/sro.shtml); or Nasdaq Quorum Requirement and the • Send an email to rule-comments@ company cannot obtain an exemption or that is not prohibited by the company’s home country law.30 sec.gov. Please include File Number SR– waiver from that law.24 NASDAQ–2020–100 on the subject line. The Commission has carefully The proposed rules require that any considered the proposal and finds that company relying on the proposed Paper Comments exception from the Nasdaq Quorum the proposed rule change is consistent • Send paper comments in triplicate 25 See id. to Secretary, Securities and Exchange 23 See, e.g., Securities Exchange Act Release No. 26 Commission, 100 F Street NE, 76814 (Dec. 31, 2015), 81 FR 820 (Jan. 7, 2016) See id. (NYSE–2015–02) (approving amendments to the 27 See Amendment No. 1, supra note 6 at 14. The Washington, DC 20549–1090. NYSE Listed Company Manual to exempt early Exchange states that the proposed changes currently All submissions should refer to File stage companies from having to obtain shareholder would affect only one listed company, DBV, which Number SR–NASDAQ–2020–100. This approval in certain circumstances). See also has been listed on Nasdaq since 2014. See supra Securities Exchange Act Release No. 48108 (June note 11. DBV previously qualified as a foreign file number should be included on the 30, 2003), 68 FR 39995 (July 3, 2003) (approving private issuer, and therefore relied on home country subject line if email is used. To help the equity compensation shareholder approval rules of practices in lieu of the Nasdaq Quorum Commission process and review your both the NYSE and the National Association of Requirement. See id. As of June 30, 2020, DBV comments more efficiently, please use Securities Dealers, Inc. n/k/a NASDAQ); and determined that it no longer qualified as a foreign Securities Exchange Act Release No. 58375 (August private issuer and would be required to comply only one method. The Commission will 18, 2008), 73 FR 49498 (August 21, 2008) (In the with the Commission rules for domestic issuers as Matter of the Application of BATS Exchange, Inc. of January 1, 2021. The Exchange states that the 31 See proposed Listing Rules 5620(c) and for Registration as a National Securities Exchange) proposed rule change would allow DBV to continue 5615(a)(4)(E). (order approving registration of BATS Exchange, to follow French law quorum requirements, as it 32 Additionally, a company would have to verify Inc. noting that qualitative listing requirements are has been doing, while remaining listed on Nasdaq. that there are no changes to home country law that designed to ensure that companies trading on a See id. would allow it to comply with the Nasdaq Quorum national securities exchange will adequately protect 28 See supra Section II.A.2. Requirement, or receive a waiver or exemption from the interest of public shareholders). 29 See supra Section II.A.2. See also supra note home country law, at least annually when updating 24 See proposed Listing Rules 5620(c) and 11. its website disclosure that the company is still 5615(a)(4)(E). 30 See supra note 18 and accompanying text. relying on the exception.

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post all comments on the Commission’s issuing a press release explaining the SECURITIES AND EXCHANGE internet website (http://www.sec.gov/ company’s reliance on the exception, COMMISSION rules/sro.shtml). Copies of the (ii) maintain the website disclosure for [Release No. 34–91550; File No. SR– submission, all subsequent the period of time the company NYSECHX–2021–06] amendments, all written statements continues to rely on this exception from with respect to the proposed rule the quorum requirements, and (iii) Self-Regulatory Organizations; NYSE change that are filed with the update the website disclosure at least Chicago, Inc.; Notice of Filing and Commission, and all written annually to indicate that the company is Immediate Effectiveness of Proposed communications relating to the prohibited from complying with Rule Change To Extend the Current proposed rule change between the Nasdaq’s quorum requirements as of Pilot Program Related to Rule 7.10 Commission and any person, other than such date; (5) clarified that the proposed those that may be withheld from the April 14, 2021. public in accordance with the rule change will address conflicting Pursuant to Section 19(b)(1) 1 of the provisions of 5 U.S.C. 552, will be requirements of jurisdictions currently Securities Exchange Act of 1934 (the available for website viewing and affecting only one company; and (6) ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 printing in the Commission’s Public stated that the Exchange’s acceptance of notice is hereby given that on April 2, Reference Room, 100 F Street NE, any quorum requirement is subject to 2021, the NYSE Chicago, Inc. (‘‘NYSE Washington, DC 20549, on official Nasdaq’s discretionary authority under Chicago’’ or the ‘‘Exchange’’) filed with business days between the hours of Listing Rule 5101. In addition, the the Securities and Exchange 10:00 a.m. and 3:00 p.m. Copies of the Exchange made other clarifying, Commission (‘‘Commission’’) the filing also will be available for conforming, and technical changes.33 proposed rule change as described in inspection and copying at the principal The changes in Amendment No. 1 Items I and II below, which Items have office of the Exchange. All comments should help to provide greater been prepared by the self-regulatory received will be posted without change. transparency in the Exchange’s rules by organization. The Commission is Persons submitting comments are requiring companies to provide public publishing this notice to solicit cautioned that we do not redact or edit disclosure regarding reliance on the comments on the proposed rule change personal identifying information from exception. In addition, Amendment No. from interested persons. comment submissions. You should 1 provides greater clarity to the proposal I. Self-Regulatory Organization’s submit only information that you wish and provides greater transparency about Statement of the Terms of Substance of to make available publicly. All the application of the rule changes being the Proposed Rule Change submissions should refer to File adopted herein. Accordingly, the Number SR–NASDAQ–2020–100, and The Exchange proposes to extend the Commission finds good cause, pursuant current pilot program related to Rule should be submitted on or before May 34 11, 2021. to Section 19(b)(2) of the Act, to 7.10 (Clearly Erroneous Executions) to approve the proposed rule change, as the close of business on October 20, VI. Accelerated Approval of the modified by Amendment No. 1, on an 2021. The proposed rule change is Proposed Rule Change, as Modified by accelerated basis. available on the Exchange’s website at Amendment No. 1 www.nyse.com, at the principal office of VII. Conclusion The Commission finds good cause to the Exchange, and at the Commission’s approve the proposed rule change, as It is therefore ordered, pursuant to Public Reference Room. modified by Amendment No. 1, prior to Section 19(b)(2) of the Act,35 that the II. Self-Regulatory Organization’s the thirtieth day after the date of proposed rule change (SR–NASDAQ– Statement of the Purpose of, and publication of notice of the filing of 2020–100), as modified by Amendment Statutory Basis for, the Proposed Rule Amendment No. 1 in the Federal No. 1, be, and it hereby is, approved on Change Register. The Commission notes that an accelerated basis. Amendment No. 1 clarifies the proposed In its filing with the Commission, the rule change. In particular, Amendment For the Commission, by the Division of self-regulatory organization included No. 1: (1) Clarified that the rule applies Trading and Markets, pursuant to delegated statements concerning the purpose of, to a non-U.S. company that is not a authority.36 and basis for, the proposed rule change Foreign Private Issuer; (2) stated that the J. Matthew DeLesDernier, and discussed any comments it received alternative quorum requirement will be Assistant Secretary. on the proposed rule change. The text of those statements may be examined at applicable only if the company cannot [FR Doc. 2021–08047 Filed 4–19–21; 8:45 am] obtain an exemption or waiver from the the places specified in Item IV below. company’s home country law BILLING CODE 8011–01–P The Exchange has prepared summaries, requirement; (3) stated that Nasdaq set forth in sections A, B, and C below, ‘‘will’’ accept an alternative quorum of the most significant parts of such requirement if the company’s home statements. country law conflicts with the Nasdaq A. Self-Regulatory Organization’s requirement and the other conditions of Statement of the Purpose of, and the rule are met (as described above); (4) Statutory Basis for, the Proposed Rule stated that a company relying on the Change exception must: (i) Make a public announcement as promptly as possible 1. Purpose but not more than four business days The purpose of the proposed rule following the submission of the change is to extend the current pilot independent counsel’s statement to 33 See supra note 6. Nasdaq, on or through the company’s 34 15 U.S.C. 78s(b)(2). 1 15 U.S.C. 78s(b)(1). website and either by filing a Form 8– 35 Id. 2 15 U.S.C. 78a. K, where required by SEC rules, or by 36 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4.

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program related to Rule 7.10 (Clearly light of that change, the Exchange requirements of Section 6(b) of the Erroneous Executions) to the close of amended Article 20, Rule 10 to untie the Act,16 in general, and Section 6(b)(5) of business on October 20, 2021. The pilot pilot program’s effectiveness from that the Act,17 in particular, in that it is program is currently due to expire on of the LULD Plan and to extend the designed to remove impediments to and April 20, 2021. pilot’s effectiveness to the close of perfect the mechanism of a free and On September 10, 2010, the business on October 18, 2019.10 After open market and a national market Commission approved, on a pilot basis, the Commission approved the system, to promote just and equitable changes to Article 20, Rule 10 that, Exchange’s proposal to transition to principles of trade, and, in general, to among other things: (i) Provided for trading on Pillar,11 the Exchange protect investors and the public interest uniform treatment of clearly amended the corresponding Pillar and not to permit unfair discrimination erroneous execution reviews in multi- rule—Rule 7.10—to extend the pilot’s between customers, issuers, brokers, or stock events involving twenty or more effectiveness to the close of business on dealers. The Exchange believes that the 12 13 securities; and (ii) reduced the ability of April 20, 2020, October 20, 2020, proposed rule change promotes just and the Exchange to deviate from the 14 and subsequently, April 20, 2021. equitable principles of trade in that it objective standards set forth in the rule.4 The Exchange now proposes to amend promotes transparency and uniformity In 2013, the Exchange adopted a Rule 7.10 to extend the pilot’s across markets concerning review of provision designed to address the effectiveness for a further six months operation of the Plan.5 Finally, in 2014, until the close of business on October transactions as clearly erroneous. The the Exchange adopted two additional 20, 2021. If the pilot period is not either Exchange believes that extending the provisions providing that: (i) A series of extended, replaced or approved as clearly erroneous execution pilot under transactions in a particular security on permanent, the prior versions of Rule 7.10 for an additional six months one or more trading days may be viewed paragraphs (c), (e)(2), (f), and (g) of would help assure that the as one event if all such transactions Article 20, Rule 10 prior to being determination of whether a clearly were effected based on the same amended by SR–CHX–2010–13 shall be erroneous trade has occurred will be fundamentally incorrect or grossly in effect, and the provisions of based on clear and objective criteria, misinterpreted issuance information paragraphs (i) through (k) shall be null and that the resolution of the incident resulting in a severe valuation error for and void.15 In such an event, the will occur promptly through a all such transactions; and (ii) in the remaining sections of Article 20, Rule transparent process. The proposed rule event of any disruption or malfunction 10 would continue to apply to all change would also help assure in the operation of the electronic transactions executed on the Exchange. consistent results in handling erroneous communications and trading facilities of The Exchange understands that the trades across the U.S. equities markets, an Exchange, another SRO, or other national securities exchanges and thus furthering fair and orderly markets, responsible single plan processor in Financial Industry Regulatory Authority the protection of investors and the connection with the transmittal or (‘‘FINRA’’) will also file similar public interest. Based on the foregoing, receipt of a trading halt, an Officer, proposals to extend their respective the Exchange believes the amended acting on his or her own motion, shall clearly erroneous execution pilot clearly erroneous executions rule nullify any transaction that occurs after programs, the substance of which are should continue to be in effect on a pilot a trading halt has been declared by the identical to Rule 7.10. basis while the Exchange and other self- primary listing market for a security and The Exchange does not propose any regulatory organizations consider before such trading halt has officially additional changes to Rule 7.10. whether further amendments to these ended according to the primary listing Extending the effectiveness of these rules are appropriate. market.6 rules for an additional six months will These changes were originally provide the Exchange and other self- B. Self-Regulatory Organization’s scheduled to operate for a pilot period regulatory organizations additional time Statement on Burden on Competition to coincide with the pilot period for the to consider whether further Plan to Address Extraordinary Market amendments to the clearly erroneous The Exchange does not believe that Volatility (the ‘‘Limit Up-Limit Down execution rules are appropriate. the proposed rule change would impose Plan’’ or ‘‘LULD Plan’’),7 including any any burden on competition that is not 2. Statutory Basis extensions to the pilot period for the necessary or appropriate in furtherance LULD Plan.8 In April 2019, the The Exchange believes the proposed of the purposes of the Act. The proposal Commission approved an amendment to rule change is consistent with the would ensure the continued, the LULD Plan for it to operate on a uninterrupted operation of harmonized permanent, rather than pilot, basis.9 In 10 See Securities Exchange Act Release No. 85533 clearly erroneous execution rules across (April 5, 2019), 84 FR 14701 (April 11, 2019) (SR– the U.S. equities markets while the NYSECHX–2019–04). 4 Exchange and other self-regulatory See Securities Exchange Act Release No. 62886 11 See Securities Exchange Act Release No. 87264 (Sept. 10, 2010), 75 FR 56613 (Sept. 16, 2010) (SR– (October 9, 2019), 84 FR 55345 (October 16, 2019) organizations consider whether further CHX–2010–13). (SR–NYSECHX–2019–08). Article 20, Rule 10 is no amendments to these rules are 5 See Securities Exchange Act Release No. 68802 longer applicable to any securities that trade on the appropriate. The Exchange understands (Feb. 1, 2013), 78 FR 9092 (Feb. 7, 2013) (SR–CHX– Exchange. that the other national securities 2013–04). 12 See Securities Exchange Act Release No. 87351 6 See Securities Exchange Act Release No. 72434 (October 18, 2019), 84 FR 57068 (October 24, 2019) exchanges and FINRA will also file (June 19, 2014), 79 FR 36110 (June 25, 2014) (SR– (SR–NYSECHX–2019–13). similar proposals to extend their CHX–2014–06). 13 See Securities Exchange Act Release No. 88591 respective clearly erroneous execution 7 See Securities Exchange Act Release No. 67091 (April 8, 2020), 85 FR 20771 (April 14, 2020) (SR– (May 31, 2012), 77 FR 33498 (June 6, 2012) (the NYSECHX–2020–09). pilot programs. Thus, the proposed rule ‘‘Limit Up-Limit Down Release’’). 14 See Securities Exchange Act Release No. 90156 change will help to ensure consistency 8 See Securities Exchange Act Release No. 71782 (October 13, 2020), 85 FR 66384 (October 19, 2020) across market centers without (March 24, 2014), 79 FR 17630 (March 28, 2014) (SR–NYSECHX–2020–29). implicating any competitive issues. (SR–CHX–2014–04). 15 See supra notes 4–6. The prior versions of 9 See Securities Exchange Act Release No. 85623 paragraphs (c), (e)(2), (f), and (g) generally provided (April 11, 2019), 84 FR 16086 (April 17, 2019) greater discretion to the Exchange with respect to 16 15 U.S.C. 78f(b). (approving Eighteenth Amendment to LULD Plan). breaking erroneous trades. 17 15 U.S.C. 78f(b)(5).

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C. Self-Regulatory Organization’s temporarily suspend such rule change if submit only information that you wish Statement on Comments on the it appears to the Commission that such to make available publicly. All Proposed Rule Change Received From action is necessary or appropriate in the submissions should refer to File Members, Participants, or Others public interest, for the protection of Number SR–NYSECHX–2021–06 and No written comments were solicited investors, or otherwise in furtherance of should be submitted on or before May or received with respect to the proposed the purposes of the Act. If the 11, 2021. rule change. Commission takes such action, the For the Commission, by the Division of Commission shall institute proceedings Trading and Markets, pursuant to delegated III. Date of Effectiveness of the to determine whether the proposed rule authority.23 Proposed Rule Change and Timing for change should be approved or J. Matthew DeLesDernier, Commission Action disapproved. Assistant Secretary. Because the foregoing proposed rule IV. Solicitation of Comments [FR Doc. 2021–08045 Filed 4–19–21; 8:45 am] change does not: (i) Significantly affect Interested persons are invited to BILLING CODE 8011–01–P the protection of investors or the public submit written data, views, and interest; (ii) impose any significant arguments concerning the foregoing, burden on competition; and (iii) become SECURITIES AND EXCHANGE including whether the proposed rule operative for 30 days from the date on COMMISSION change is consistent with the Act. which it was filed, or such shorter time Comments may be submitted by any of [Release No. 34–91551; File No. SR– as the Commission may designate, it has the following methods: NYSEArca–2021–22] become effective pursuant to Section 19(b)(3)(A) of the Act 18 and Rule 19b– Electronic Comments Self-Regulatory Organizations; NYSE 4(f)(6) thereunder.19 • Use the Commission’s internet Arca, Inc.; Notice of Filing and A proposed rule change filed under comment form (http://www.sec.gov/ Immediate Effectiveness of Proposed 20 Rule 19b–4(f)(6) normally does not rules/sro.shtml); or Rule Change To Extend the Current become operative prior to 30 days after • Send an email to rule-comments@ Pilot Program Related to Rule 7.10–E the date of the filing. However, Rule sec.gov. Please include File Number SR– 19b–4(f)(6)(iii) 21 permits the NYSECHX–2021–06 on the subject line. April 14, 2021. Commission to designate a shorter time Pursuant to Section 19(b)(1) 1 of the if such action is consistent with the Paper Comments Securities Exchange Act of 1934 (the protection of investors and the public • Send paper comments in triplicate ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 interest. The Exchange has asked the to Secretary, Securities and Exchange notice is hereby given that on April 2, Commission to waive the 30-day Commission, 100 F Street NE, 2021, NYSE Arca, Inc. (‘‘NYSE Arca’’ or operative delay so that the proposed Washington, DC 20549–1090. the ‘‘Exchange’’) filed with the rule change may become operative All submissions should refer to File Securities and Exchange Commission immediately upon filing. The Number SR–NYSECHX–2021–06. This (‘‘Commission’’) the proposed rule Commission believes that waiving the file number should be included on the change as described in Items I and II 30-day operative delay is consistent subject line if email is used. To help the below, which Items have been prepared with the protection of investors and the Commission process and review your by the self-regulatory organization. The public interest, as it will allow the comments more efficiently, please use Commission is publishing this notice to current clearly erroneous execution only one method. The Commission will solicit comments on the proposed rule pilot program to continue post all comments on the Commission’s change from interested persons. uninterrupted, without any changes, internet website (http://www.sec.gov/ I. Self-Regulatory Organization’s while the Exchange and the other rules/sro.shtml). Copies of the Statement of the Terms of Substance of national securities exchanges consider a submission, all subsequent the Proposed Rule Change permanent proposal for clearly amendments, all written statements The Exchange proposes to extend the erroneous execution reviews. For this with respect to the proposed rule current pilot program related to Rule reason, the Commission hereby waives change that are filed with the 7.10–E (Clearly Erroneous Executions) the 30-day operative delay and Commission, and all written to the close of business on October 20, designates the proposed rule change as communications relating to the 2021. The proposed rule change is operative upon filing.22 proposed rule change between the available on the Exchange’s website at At any time within 60 days of the Commission and any person, other than www.nyse.com, at the principal office of filing of the proposed rule change, the those that may be withheld from the the Exchange, and at the Commission’s Commission summarily may public in accordance with the Public Reference Room. provisions of 5 U.S.C. 552, will be 18 15 U.S.C. 78s(b)(3)(A). available for website viewing and II. Self-Regulatory Organization’s 19 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– printing in the Commission’s Public Statement of the Purpose of, and 4(f)(6)(iii) requires a self-regulatory organization to give the Commission written notice of its intent to Reference Room, 100 F Street NE, Statutory Basis for, the Proposed Rule file the proposed rule change, along with a brief Washington, DC 20549, on official Change description and text of the proposed rule change, business days between the hours of In its filing with the Commission, the at least five business days prior to the date of filing 10:00 a.m. and 3:00 p.m. Copies of the of the proposed rule change, or such shorter time self-regulatory organization included as designated by the Commission. The Exchange filing also will be available for statements concerning the purpose of, has satisfied this requirement. inspection and copying at the principal and basis for, the proposed rule change 20 17 CFR 240.19b–4(f)(6). office of the Exchange. All comments and discussed any comments it received 21 17 CFR 240.19b–4(f)(6)(iii). received will be posted without change. 22 For purposes only of waiving the 30-day Persons submitting comments are 23 operative delay, the Commission has also 17 CFR 200.30–3(a)(12). considered the proposed rule’s impact on cautioned that we do not redact or edit 1 15 U.S.C. 78s(b)(1). efficiency, competition, and capital formation. See personal identifying information from 2 15 U.S.C. 78a. 15 U.S.C. 78c(f). comment submissions. You should 3 17 CFR 240.19b–4.

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on the proposed rule change. The text Volatility (the ‘‘Limit Up-Limit Down amendments to the clearly erroneous of those statements may be examined at Plan’’ or ‘‘LULD Plan’’),7 including any execution rules are appropriate. the places specified in Item IV below. extensions to the pilot period for the 2. Statutory Basis The Exchange has prepared summaries, LULD Plan.8 In April 2019, the set forth in sections A, B, and C below, Commission approved an amendment to The Exchange believes the proposed of the most significant parts of such the LULD Plan for it to operate on a rule change is consistent with the statements. permanent, rather than pilot, basis.9 In requirements of Section 6(b) of the light of that change, the Exchange Act,15 in general, and Section 6(b)(5) of A. Self-Regulatory Organization’s amended Rule 7.10–E to untie the pilot the Act,16 in particular, in that it is Statement of the Purpose of, and program’s effectiveness from that of the designed to remove impediments to and Statutory Basis for, the Proposed Rule LULD Plan and to extend the pilot’s perfect the mechanism of a free and Change effectiveness to the close of business on open market and a national market 1. Purpose October 18, 2019.10 The Exchange later system, to promote just and equitable principles of trade, and, in general, to The purpose of the proposed rule amended Rule 7.10–E to extend the protect investors and the public interest change is to extend the current pilot pilot’s effectiveness to the close of 11 and not to permit unfair discrimination program related to Rule 7.10–E (Clearly business on April 20, 2020, October 12 between customers, issuers, brokers, or Erroneous Executions) to the close of 20, 2020, and subsequently, April 20, 13 dealers. The Exchange believes that the business on October 20, 2021. The pilot 2021. proposed rule change promotes just and program is currently due to expire on The Exchange now proposes to amend equitable principles of trade in that it April 20, 2021. Rule 7.10–E to extend the pilot’s On September 10, 2010, the effectiveness for a further six months promotes transparency and uniformity Commission approved, on a pilot basis, until the close of business on October across markets concerning review of changes to Rule 7.10–E that, among 20, 2021. If the pilot period is not either transactions as clearly erroneous. The other things: (i) Provided for uniform extended, replaced or approved as Exchange believes that extending the treatment of clearly erroneous execution permanent, the prior versions of clearly erroneous execution pilot under reviews in multi-stock events involving paragraphs (c), (e)(2), (f), and (g) shall be Rule 7.10–E for an additional six twenty or more securities; and (ii) in effect, and the provisions of months would help assure that the reduced the ability of the Exchange to paragraphs (i) through (k) shall be null determination of whether a clearly 14 deviate from the objective standards set and void. In such an event, the erroneous trade has occurred will be forth in the rule.4 In 2013, the Exchange remaining sections of Rule 7.10–E based on clear and objective criteria, adopted a provision designed to address would continue to apply to all and that the resolution of the incident the operation of the Plan.5 Finally, in transactions executed on the Exchange. will occur promptly through a 2014, the Exchange adopted two The Exchange understands that the transparent process. The proposed rule additional provisions providing that: (i) other national securities exchanges and change would also help assure A series of transactions in a particular Financial Industry Regulatory Authority consistent results in handling erroneous security on one or more trading days (‘‘FINRA’’) will also file similar trades across the U.S. equities markets, may be viewed as one event if all such proposals to extend their respective thus furthering fair and orderly markets, transactions were effected based on the clearly erroneous execution pilot the protection of investors and the same fundamentally incorrect or grossly programs, the substance of which are public interest. Based on the foregoing, misinterpreted issuance information identical to Rule 7.10–E. the Exchange believes the amended resulting in a severe valuation error for The Exchange does not propose any clearly erroneous executions rule all such transactions; and (ii) in the additional changes to Rule 7.10–E. should continue to be in effect on a pilot event of any disruption or malfunction Extending the effectiveness of Rule basis while the Exchange and other self- in the operation of the electronic 7.10–E for an additional six months will regulatory organizations consider communications and trading facilities of provide the Exchange and other self- whether further amendments to these an Exchange, another SRO, or regulatory organizations additional time rules are appropriate. to consider whether further responsible single plan processor in B. Self-Regulatory Organization’s connection with the transmittal or 7 See Securities Exchange Act Release No. 67091 Statement on Burden on Competition receipt of a trading halt, an Officer, (May 31, 2012), 77 FR 33498 (June 6, 2012) (the acting on his or her own motion, shall The Exchange does not believe that ‘‘Limit Up-Limit Down Release’’). the proposed rule change would impose nullify any transaction that occurs after 8 See Securities Exchange Act Release No. 71807 a trading halt has been declared by the (March 26, 2014), 79 FR 18087 (March 31, 2014) any burden on competition that is not primary listing market for a security and (SR–NYSEArca–2014–32). necessary or appropriate in furtherance 9 See Securities Exchange Act Release No. 85623 of the purposes of the Act. The proposal before such trading halt has officially (April 11, 2019), 84 FR 16086 (April 17, 2019) ended according to the primary listing would ensure the continued, (approving Eighteenth Amendment to LULD Plan). uninterrupted operation of harmonized market.6 10 See Securities Exchange Act Release No. 85532 These changes were originally (April 5, 2019), 84 FR 14708 (April 11, 2019) (SR– clearly erroneous execution rules across scheduled to operate for a pilot period NYSEArca–2019–21). the U.S. equities markets while the to coincide with the pilot period for the 11 See Securities Exchange Act Release No. 87355 Exchange and other self-regulatory (October 18, 2019), 84 FR 57094 (October 24, 2019) Plan to Address Extraordinary Market organizations consider whether further (SR–NYSEArca–2019–75). amendments to these rules are 12 See Securities Exchange Act Release No. 88590 4 See Securities Exchange Act Release No. 62886 (April 8, 2020), 85 FR 20791 (April 14, 2020) (SR– appropriate. The Exchange understands (Sept. 10, 2010), 75 FR 56613 (Sept. 16, 2010) (SR– NYSEArca–2020–25). that the other national securities NYSEArca–2010–58). 13 See Securities Exchange Act Release No. 90155 exchanges and FINRA will also file 5 See Securities Exchange Act Release No. 68809 (October 13, 2020), 85 FR 66386 (October 19, 2020) similar proposals to extend their (Feb. 1, 2013), 78 FR 9081 (Feb. 7, 2013) (SR– (SR–NYSEArca–2020–88). respective clearly erroneous execution NYSEArca–2013–12). 14 See supra notes 4–6. The prior versions of 6 See Securities Exchange Act Release No. 72434 paragraphs (c), (e)(2), (f), and (g) generally provided (June 19, 2014), 79 FR 36110 (June 25, 2014) (SR– greater discretion to the Exchange with respect to 15 15 U.S.C. 78f(b). NYSEArca–2014–48). breaking erroneous trades. 16 15 U.S.C. 78f(b)(5).

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pilot programs. Thus, the proposed rule At any time within 60 days of the office of the Exchange. All comments change will help to ensure consistency filing of the proposed rule change, the received will be posted without change. across market centers without Commission summarily may Persons submitting comments are implicating any competitive issues. temporarily suspend such rule change if cautioned that we do not redact or edit it appears to the Commission that such personal identifying information from C. Self-Regulatory Organization’s action is necessary or appropriate in the comment submissions. You should Statement on Comments on the public interest, for the protection of submit only information that you wish Proposed Rule Change Received From investors, or otherwise in furtherance of to make available publicly. All Members, Participants, or Others the purposes of the Act. If the submissions should refer to File No written comments were solicited Commission takes such action, the Number SR–NYSEArca–2021–22 and or received with respect to the proposed Commission shall institute proceedings should be submitted on or before May rule change. to determine whether the proposed rule 11, 2021. III. Date of Effectiveness of the change should be approved or For the Commission, by the Division of Proposed Rule Change and Timing for disapproved. Trading and Markets, pursuant to delegated authority.22 Commission Action IV. Solicitation of Comments J. Matthew DeLesDernier, Because the foregoing proposed rule Interested persons are invited to Assistant Secretary. change does not: (i) Significantly affect submit written data, views, and [FR Doc. 2021–08032 Filed 4–19–21; 8:45 am] the protection of investors or the public arguments concerning the foregoing, interest; (ii) impose any significant including whether the proposed rule BILLING CODE 8011–01–P burden on competition; and (iii) become change is consistent with the Act. operative for 30 days from the date on Comments may be submitted by any of SECURITIES AND EXCHANGE which it was filed, or such shorter time the following methods: COMMISSION as the Commission may designate, it has Electronic Comments become effective pursuant to Section [Release No. 34–91560; File No. SR–C2– 19(b)(3)(A) of the Act 17 and Rule 19b– • Use the Commission’s internet 2021–006] 4(f)(6) thereunder.18 comment form (http://www.sec.gov/ Self-Regulatory Organizations; Cboe A proposed rule change filed under rules/sro.shtml); or C2 Exchange, Inc.; Notice of Filing and Rule 19b–4(f)(6) 19 normally does not • Send an email to rule-comments@ Immediate Effectiveness of a Proposed become operative prior to 30 days after sec.gov. Please include File Number SR– Rule Change To Eliminate Existing the date of the filing. However, Rule NYSEArca–2021–22 on the subject line. Rule 3.30 (Qualification and 19b–4(f)(6)(iii) 20 permits the Paper Comments Registration) and Incorporate by Commission to designate a shorter time • Reference Cboe Exchange, Inc. if such action is consistent with the Send paper comments in triplicate Chapter 3, Section B, in Its Entirety protection of investors and the public to Secretary, Securities and Exchange Commission, 100 F Street NE, interest. The Exchange has asked the April 14, 2021. Washington, DC 20549–1090. Commission to waive the 30-day Pursuant to Section 19(b)(1) of the operative delay so that the proposed All submissions should refer to File Securities Exchange Act of 1934 (the rule change may become operative Number SR–NYSEArca–2021–22. This ‘‘Act’’ or ‘‘Exchange Act’’),1 and Rule immediately upon filing. The file number should be included on the 19b–4 thereunder,2 notice is hereby Commission believes that waiving the subject line if email is used. To help the given that on April 9, 2021, Cboe C2 30-day operative delay is consistent Commission process and review your Exchange, Inc. (the ‘‘Exchange’’ or ‘‘C2’’) with the protection of investors and the comments more efficiently, please use filed with the Securities and Exchange public interest, as it will allow the only one method. The Commission will Commission (the ‘‘Commission’’) the current clearly erroneous execution post all comments on the Commission’s proposed rule change as described in pilot program to continue internet website (http://www.sec.gov/ Items I and II below, which Items have uninterrupted, without any changes, rules/sro.shtml). Copies of the been substantially prepared by the while the Exchange and the other submission, all subsequent Exchange. The Exchange filed the national securities exchanges consider a amendments, all written statements proposal as a ‘‘non-controversial’’ permanent proposal for clearly with respect to the proposed rule proposed rule change pursuant to erroneous execution reviews. For this change that are filed with the Section 19(b)(3)(A)(iii) of the Act 3 and reason, the Commission hereby waives Commission, and all written Rule 19b–4(f)(6) thereunder.4 The the 30-day operative delay and communications relating to the Commission is publishing this notice to designates the proposed rule change as proposed rule change between the solicit comments on the proposed rule operative upon filing.21 Commission and any person, other than change from interested persons. those that may be withheld from the 17 15 U.S.C. 78s(b)(3)(A). public in accordance with the I. Self-Regulatory Organization’s 18 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– provisions of 5 U.S.C. 552, will be Statement of the Terms of Substance of 4(f)(6)(iii) requires a self-regulatory organization to available for website viewing and the Proposed Rule Change give the Commission written notice of its intent to printing in the Commission’s Public file the proposed rule change, along with a brief The Exchange proposes to eliminate description and text of the proposed rule change, Reference Room, 100 F Street NE, existing Rule 3.30 and incorporate by at least five business days prior to the date of filing Washington, DC 20549, on official reference Cboe Exchange, Inc. (‘‘Cboe of the proposed rule change, or such shorter time business days between the hours of Options’’) Chapter 3, Section B, in its as designated by the Commission. The Exchange 10:00 a.m. and 3:00 p.m. Copies of the has satisfied this requirement. 19 17 CFR 240.19b–4(f)(6). filing also will be available for 22 17 CFR 200.30–3(a)(12). 20 17 CFR 240.19b–4(f)(6)(iii). inspection and copying at the principal 1 15 U.S.C. 78s(b)(1). 21 For purposes only of waiving the 30-day 2 17 CFR 240.19b–4. operative delay, the Commission has also efficiency, competition, and capital formation. See 3 15 U.S.C. 78s(b)(3)(A)(iii). considered the proposed rule’s impact on 15 U.S.C. 78c(f). 4 17 CFR 240.19b–4(f)(6).

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entirety. The text of the proposed rule rulebook is clear that Cboe Options Rule B title is regulatory in nature.11 The change is provided in Exhibit 5. 3.30, which is contained in Cboe Exchange believes incorporating by The text of the proposed rule change Options Chapter 3, Section B, does not reference the entire Cboe Options is also available on the Exchange’s apply to C2. Chapter 3, Section B rules maintains website (http://markets.cboe.com/us/ The Exchange no longer wishes to consistency between C2 and Cboe options/regulation/rule_filings/ctwo/), Options rules, and helps ensure maintain an exception of Cboe Options at the Exchange’s Office of the identical regulation of the Exchange’s Rule 3.30 to the incorporation by Secretary, and at the Commission’s TPHs that are also Cboe Options TPHs Public Reference Room. reference of Chapter 3, Section B as it and also ensures that C2-only TPHs are does not believe it is necessary and may II. Self-Regulatory Organization’s subject to consistent regulation as Cboe cause potential confusion. Additionally, Options TPHs. Statement of the Purpose of, and Cboe Options has filed a proposed rule Statutory Basis for, the Proposed Rule change to amend its registration rules, 2. Statutory Basis Change including Cboe Options Rule 3.30. The The Exchange believes the proposed In its filing with the Commission, the pending rule filing also proposes to rule change is consistent with the Act Exchange included statements adopt new rules under Cboe Options and the rules and regulations concerning the purpose of and basis for Chapter 3, Section B, related to thereunder applicable to the Exchange the proposed rule change and discussed registration requirements.9 As most of and, in particular, the requirements of any comments it received on the Cboe Options Chapter 3, Section B is Section 6(b) of the Act.12 Specifically, proposed rule change. The text of these incorporated by reference into the the Exchange believes the proposed rule statements may be examined at the Exchange’s rulebook, the proposed new change is consistent with the Section places specified in Item IV below. The Cboe Options rules (and amendments to 6(b)(5) 13 requirements that the rules of Exchange has prepared summaries, set existing Cboe Options rules contained an exchange be designed to prevent forth in sections A, B, and C below, of in Chapter 3, Section B other than Cboe fraudulent and manipulative acts and the most significant aspects of such Options Rule 3.30) would automatically practices, to promote just and equitable statements. apply to C2 upon that rule filing principles of trade, to foster cooperation A. Self-Regulatory Organization’s becoming operative. Since the Exchange and coordination with persons engaged Statement of the Purpose of, and does not incorporate by reference Cboe in regulating, clearing, settling, Statutory Basis for, the Proposed Rule Options Rule 3.30 however, the processing information with respect to, Change proposed amendments to Cboe Options and facilitating transactions in securities, to remove impediments to 1. Purpose Rule 3.30 would not automatically apply to C2, even though Cboe Options and perfect the mechanism of a free and The Exchange previously adopted C2 Rule 3.30, as amended, would relate to, open market and a national market Rule 3.30 (Qualification and and even cross-reference, the proposed system, and, in general, to protect investors and the public interest. Registration), which provides for new Cboe Options rules that would Additionally, the Exchange believes the registration requirements to ensure that apply to C2.10 As such, the Exchange proposed rule change is consistent with associated persons of Trading Permit now proposes to eliminate the language Holder (‘‘TPH’’) organizations attain and the Section 6(b)(5) 14 requirement that that states Cboe Options Rule 3.30 does maintain specified levels of competence the rules of an exchange not be designed not apply to C2 and remove C2 Rule and knowledge pertinent to their to permit unfair discrimination between 3.30, which is identical to Cboe Options functions. In general, the current rules: customers, issuers, brokers, or dealers. Rule 3.30, thereby incorporating by (1) Require that persons engaged in a In particular, the proposed rule TPH organization’s securities business reference Cboe Options Rule 3.30 change does not make any substantive who are to function as representatives or (which becomes incorporated by change to any of C2’s rules. The principals register with the Exchange in reference under the umbrella of the proposed rule change is merely the category of registration appropriate overall incorporation by reference of intended to incorporate by reference the to their functions by passing one or Cboe Options Chapter 3, Section B). The entirety of Cboe Options Chapter 3, more qualification examinations 5 and Exchange believes Cboe Options Rule Section B rules in the C2 rulebook, (2) exempt specified associated persons 3.30 is within the same category of instead of excluding a single Cboe from the registration requirements.6 The exchange rules otherwise incorporated Options Rule from incorporation (i.e., Exchange believes that current C2 Rule into C2 Chapter 3, Section B by Cboe Options Rule 3.30) which 3.30 is substantively identical to reference to Cboe Options Chapter 3, currently is substantively identical to corresponding Rule 3.30 on its affiliate Section B (i.e. rules related to TPH the corresponding C2 Rule (i.e., C2 Rule exchange, Cboe Options.7 The Exchange Registration). Further, the incorporation 3.30). Indeed, the proposed rule change notes that, other than Cboe Options Rule by reference of Cboe Options Rule 3.30 makes no substantive changes to the C2 3.30, the C2 rulebook incorporates by into the Exchange’s Chapter 3, Section rulebook: It does not alter any of the reference the remaining rules contained in Cboe Options Chapter 3, Section B, Exchange agreed to provide written notice to its 11 Cboe Options Chapter 3, Section B rules are as such rules may be in effect from time members whenever Cboe Option proposes a change categories of rules that are not trading rules. See 17 8 to its Chapter 3, Section B rules. The Exchange CFR 200.30–3(a)(76) (contemplating such requests). to time. However, the Exchange’s provides such notice via a posting on the same In addition, several other Self-Regulatory website location where the Exchange posts its own Organizations (‘‘SROs’’) incorporate by reference 5 See C2 Options Rule 3.30(a)(1). rule filings pursuant to Rule 19b–4 within the similar regulatory rules of other SROs. See, e.g., 6 See C2 Options Rule 3.30(a)(2). timeframe required by such rule. Such notice alerts Exchange Act Release Nos. 57478 (March 12, 2008), 7 See Cboe Options Rule 3.30 (Qualification and Exchange members to the proposed Cboe Options 73 FR 14521 (March 18, 2008), 53128 (January 13, Registration of Trading Permit Holders and rule change and gives them an opportunity to 2006), 71 FR 3550 (January 23, 2006); 49260 Associated Persons). comment on the proposal. The Exchange similarly (February 17, 2004), 69 FR 8500 (February 24, 8 See Exchange Act Release No. 91203 (February informs its members in writing when the 2004). 24, 2021), 86 FR 12251 (March 2, 2021). As a Commission approves any such proposed change. 12 15 U.S.C. 78f(b). condition of the exemption approved by the 9 See SR–CBOE–2021–022. 13 15 U.S.C. 78f(b)(5). Commission pursuant to Section 36 of the Act, the 10 Id. 14 Id.

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current rules incorporated by reference, (i.e., C2 Rule 3.30) that is within the maintain consistency between the C2 and it incorporates by reference a rule same category of exchange rules and Cboe Options rulebooks, but it will (i.e., Cboe Options 3.30), which is otherwise incorporated into C2 Chapter also avoid the need for duplicative substantively identical to an existing 3, Section B by reference (i.e., Cboe proposed rule change filings by two rule (i.e., C2 Rule 3.30), which would be Options Chapter 3, Section B, which separate, but related, SROs that are removed. As such, the same rules contains rules related to TPH based on simultaneous changes to currently applicable to C2 TPHs Registration). The Exchange is not otherwise identical rule text. For these effectively will apply to TPHs upon amending the substance of its reasons, the Commission believes that effectiveness of this rule filing in the registration rules with this proposed waiver of the 30-day operative delay for same manner, whether those rules are rule change and therefore no TPH is this proposal is consistent with the incorporated by reference to Cboe impacted. protection of investors and the public Options rules or included in C2’s rules. interest. Accordingly, the Commission C. Self-Regulatory Organization’s The Exchange also believes the hereby waives the 30-day operative Statement on Comments on the proposed rule change is designed to delay and designates the proposal Proposed Rule Change Received From promote just and equitable principles of operative upon filing.18 trade, removes impediments to and Members, Participants, or Others At any time within 60 days of the perfects the mechanism of a free and The Exchange neither solicited nor filing of the proposed rule change, the open market and a national market received written comments on the Commission summarily may system, and, in general protects proposed rule change. temporarily suspend such rule change if investors and the public interest, by III. Date of Effectiveness of the it appears to the Commission that such consolidating all of its rules related to Proposed Rule Change and Timing for action is necessary or appropriate in the TPH registration into a single rule set. Commission Action public interest, for the protection of Incorporating by reference Cboe Options investors, or otherwise in furtherance of Rule 3.30 into the Exchange’s Chapter 3, Because the foregoing proposed rule the purposes of the Act. If the Section B title will provide an easy change does not: (i) Significantly affect Commission takes such action, the reference for Exchange TPHs seeking to the protection of investors or the public Commission shall institute proceedings comply with registration and interest; (ii) impose any significant to determine whether the proposed rule qualification requirements of both Cboe burden on competition; and (iii) become should be approved or disapproved. Options and C2. The Exchange believes operative for 30 days from the date on IV. Solicitation of Comments the proposed change makes the which it was filed, or such shorter time Exchange’s rulebook easier to read and as the Commission may designate, it has Interested persons are invited to follow, thus allowing market become effective pursuant to Section submit written data, views and participants to better understand the 19(b)(3)(A) of the Act 15 and Rule 19b– arguments concerning the foregoing, rules of the Exchange, which will also 4(f)(6) thereunder.16 including whether the proposed rule result in less burdensome and more The Exchange requested that the change is consistent with the Act. efficient regulatory compliance for Commission waive the 30-day operative Comments may be submitted by any of market participants that are TPHs of delay period after which a proposed the following methods: both Cboe Options and C2. Also, as rule change under Rule 19b–4(f)(6) becomes effective so that the Exchange Electronic Comments discussed, TPHs will be required to • continue to comply with the substance can immediately update its rulebook to Use the Commission’s internet of Cboe Options Rule 3.30, since the further align with the Cboe Options comment form (http://www.sec.gov/ rulebook. This further alignment of rules/sro.shtml); or substance of Cboe Options Rule 3.30 is • substantively identical. rulebooks will help avoid any potential Send an email to rule-comments@ Lastly, the Exchange believes that in confusion that may be created by, as sec.gov. Please include File Number SR– light of the proposed rule changes to discussed above, all Cboe Options rules C2–2021–006 on the subject line. in Chapter 3, Section B currently being corresponding Cboe Options rules Paper Comments discussed above, incorporating by incorporated by reference in the C2 • Send paper comments in triplicate reference Cboe Options Rule 3.30 will rulebook with the exception of Cboe to Secretary, Securities and Exchange promote efficient use of the Options Rule 3.30. Additionally, and as Commission, 100 F Street NE, Commission’s and the Exchange’s also discussed above, Cboe Options has Washington, DC 20549–1090. resources by avoiding duplicative rule filed a separate proposed rule change to filings that would otherwise be needed amend certain registration rules, All submissions should refer to File 17 based on simultaneous changes to including Cboe Options Rule 3.30. As Number SR–C2–2021–006. This file identical rule text sought by more than a result, waiving the 30-day operative number should be included on the one SRO (i.e., Cboe Options and C2). delay period for this proposed rule subject line if email is used. To help the change will allow the separate proposed Commission process and review your B. Self-Regulatory Organization’s rule changes to amend the Cboe Options comments more efficiently, please use Statement on Burden on Competition rulebook to automatically apply to the only one method. The Commission will The Exchange does not believe that C2 rulebook. This, in turn, will not only post all comments on the Commission’s the proposed rule change will impose internet website (http://www.sec.gov/ any burden on competition that is not 15 15 U.S.C. 78s(b)(3)(A). rules/sro.shtml). Copies of the necessary or appropriate in furtherance 16 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– submission, all subsequent 4(f)(6)(iii) requires a self-regulatory organization to amendments, all written statements of the purposes of the Act. Particularly, give the Commission written notice of its intent to the proposal is not intended to address file the proposed rule change, along with a brief with respect to the proposed rule any competitive issue. Rather, the description and text of the proposed rule change, Exchange is effectively incorporating by at least five business days prior to the date of filing 18 For purposes only of waiving the 30-day of the proposed rule change, or such shorter time operative delay, the Commission has considered the reference a Cboe Options rule (i.e., Cboe as designated by the Commission. The Exchange proposed rule change’s impact on efficiency, Options Rule 3.30) to replace a current has satisfied this requirement. competition, and capital formation. See 15 U.S.C. substantively identical Exchange rule 17 See SR–CBOE–2021–022. 78c(f).

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change that are filed with the Section 19(b)(3)(A)(iii) of the Act 3 and erroneous execution reviews in multi- Commission, and all written Rule 19b–4(f)(6) thereunder.4 The stock events involving twenty or more communications relating to the Commission is publishing this notice to securities; and (ii) reduced the ability of proposed rule change between the solicit comments on the proposed rule the Exchange to deviate from the Commission and any person, other than change from interested persons. objective standards set forth in the rule.6 those that may be withheld from the In 2013, the Exchange adopted a I. Self-Regulatory Organization’s public in accordance with the provision designed to address the Statement of the Terms of Substance of provisions of 5 U.S.C. 552, will be operation of the Plan.7 Finally, in 2014, the Proposed Rule Change available for website viewing and the Exchange adopted two additional printing in the Commission’s Public Cboe EDGX Exchange, Inc. (‘‘EDGX’’ provisions providing that: (i) A series of Reference Room, 100 F Street NE, or the ‘‘Exchange’’) is filing with the transactions in a particular security on Washington, DC 20549, on official Securities and Exchange Commission one or more trading days may be viewed business days between the hours of (the ‘‘Commission’’) a proposed rule as one event if all such transactions 10:00 a.m. and 3:00 p.m. Copies of such change to extend the current pilot were effected based on the same filing also will be available for program related to EDGX Rule 11.15, fundamentally incorrect or grossly inspection and copying at the principal Clearly Erroneous Executions, to the misinterpreted issuance information office of the Exchange. All comments close of business on October 20, 2021. resulting in a severe valuation error for received will be posted without change. The text of the proposed rule change is all such transactions; and (ii) in the Persons submitting comments are provided in Exhibit 5. event of any disruption or malfunction cautioned that we do not redact or edit The text of the proposed rule change in the operation of the electronic personal identifying information from is also available on the Exchange’s communications and trading facilities of comment submissions. You should website (http://markets.cboe.com/us/ an Exchange, another SRO, or _ submit only information that you wish options/regulation/rule filings/edgx/), responsible single plan processor in to make available publicly. All at the Exchange’s Office of the connection with the transmittal or submissions should refer to File Secretary, and at the Commission’s receipt of a trading halt, an Officer, Number SR–C2–2021–006 and should Public Reference Room. acting on his or her own motion, shall be submitted on or before May 11, 2021. II. Self-Regulatory Organization’s nullify any transaction that occurs after For the Commission, by the Division of Statement of the Purpose of, and a trading halt has been declared by the Trading and Markets, pursuant to delegated Statutory Basis for, the Proposed Rule primary listing market for a security and authority.19 Change before such trading halt has officially J. Matthew DeLesDernier, ended according to the primary listing In its filing with the Commission, the market.8 Assistant Secretary. Exchange included statements [FR Doc. 2021–08038 Filed 4–19–21; 8:45 am] On December 26, 2018, the concerning the purpose of and basis for Commission published the proposed BILLING CODE 8011–01–P the proposed rule change and discussed Eighteenth Amendment 9 to the Plan to any comments it received on the Address Extraordinary Market Volatility proposed rule change. The text of these Pursuant to Rule 608 of Regulation NMS SECURITIES AND EXCHANGE statements may be examined at the COMMISSION under the Act (the ‘‘Limit Up-Limit places specified in Item IV below. The Down Plan’’ or the ‘‘Plan’’) 10 to allow [Release No. 34–91554; File No. SR– Exchange has prepared summaries, set the Plan to operate on a permanent, CboeEDGX–2021–019] forth in sections A, B, and C below, of rather than pilot, basis. On April 8, the most significant aspects of such 2019, the Exchange amended EDGX Self-Regulatory Organizations; Cboe statements. Rule 11.15 to untie the pilot program’s EDGX Exchange, Inc.; Notice of Filing A. Self-Regulatory Organization’s effectiveness from that of the Plan and and Immediate Effectiveness of a Statement of the Purpose of, and to extend the pilot’s effectiveness to the Proposed Rule Change To Extend the Statutory Basis for, the Proposed Rule close of business on October 18, 2019 in Current Pilot Program Related to EDGX Change order allow the Exchange and other Rule 11.15, Clearly Erroneous national securities exchanges additional Executions, to the Close of Business 1. Purpose time to consider further amendments, if on October 20, 2021 The purpose of this filing is to extend any, to the clearly erroneous execution April 14, 2021. the effectiveness of the Exchange’s rules in light of the proposed Eighteenth 11 Pursuant to Section 19(b)(1) of the current rule applicable to Clearly Amendment to the Plan. On April 17, Securities Exchange Act of 1934 Erroneous Executions to the close of (‘‘Act’’),1 and Rule 19b–4 thereunder,2 business on October 20, 2021. Portions 6 See Securities Exchange Act Release No. 62886 notice is hereby given that on April 5, of Rule 11.15, explained in further (September 10, 2010), 75 FR 56613 (September 16, detail below, are currently operating as 2010) (SR–EDGX–2010–03). 2021, Cboe EDGX Exchange, Inc. 7 a pilot program set to expire on April See Securities Exchange Act Release No. 68814 (‘‘Exchange’’ or ‘‘EDGX’’) filed with the 5 (February 1, 2013), 78 FR 9086 (February 7, 2013) Securities and Exchange Commission 20, 2021. (SR–EDGX–2013–06). On September 10, 2010, the 8 (‘‘Commission’’) the proposed rule See Securities Exchange Act Release No. 72434 Commission approved, on a pilot basis, (June 19, 2014), 79 FR 36110 (June 25, 2014) (SR– change as described in Items I and II changes to EDGX Rule 11.15 that, EDGX–2014–12). below, which Items have been prepared 9 among other things: (i) Provided for See Securities Exchange Act Release No. 84843 by the Exchange. The Exchange filed the uniform treatment of clearly (December 18, 2018), 83 FR 66464 (December 26, proposal as a ‘‘non-controversial’’ 2018) (File No. 4–631) (‘‘Eighteenth Amendment’’). proposed rule change pursuant to 10 See Securities Exchange Act Release No. 67091 3 15 U.S.C. 78s(b)(3)(A)(iii). (May 31, 2012), 77 FR 33498 (June 6, 2012) (the 4 17 CFR 240.19b–4(f)(6). ‘‘Limit Up-Limit Down Release’’). 19 17 CFR 200.30–3(a)(12). 5 See Securities Exchange Act Release No. 90233 11 See Securities Exchange Act Release No. 87364 1 15 U.S.C. 78s(b)(1). (October 20, 2020), 85 FR 67787 (October 26, 2020) (April 10, 2019), 84 FR 15652 (April 16, 2019) (SR– 2 17 CFR 240.19b–4. (SR–CboeEDGX–2020–051). CboeEDGX–2019–018).

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2019, the Commission published an change is consistent with the Section C. Self-Regulatory Organization’s approval of the Eighteenth Amendment 6(b)(5) 18 requirements that the rules of Statement on Comments on the to allow the Plan to operate on a an exchange be designed to prevent Proposed Rule Change Received From permanent, rather than pilot, basis.12 On fraudulent and manipulative acts and Members, Participants, or Others October 21, 2019, the Exchange practices, to promote just and equitable No comments were solicited or amended EDGX Rule 11.15 to extend principles of trade, to foster cooperation received on the proposed rule change. the pilot’s effectiveness to the close of and coordination with persons engaged 13 III. Date of Effectiveness of the business on April 20, 2020. On March in regulating, clearing, settling, Proposed Rule Change and Timing for 18, 2020, the Exchange amended EDGX processing information with respect to, Rule 11.15 to extend the pilot’s Commission Action and facilitating transactions in effectiveness to the close of business on securities, to remove impediments to Because the foregoing proposed rule October 20, 2020.14 Finally, on October and perfect the mechanism of a free and change does not: (i) Significantly affect 20, 2020, the Exchange amended EDGX the protection of investors or the public Rule 11.15 to extend the pilot’s open market and a national market system, and, in general, to protect interest; (ii) impose any significant effectiveness to the close of business on burden on competition; and (iii) become April 20, 2021.15 investors and the public interest. Additionally, the Exchange believes the operative for 30 days from the date on The Exchange now proposes to amend which it was filed, or such shorter time proposed rule change is consistent with EDGX Rule 11.15 to extend the pilot’s as the Commission may designate, it has the Section 6(b)(5) 19 requirement that effectiveness to the close of business on become effective pursuant to Section the rules of an exchange not be designed October 20, 2021. The Exchange 19(b)(3)(A) of the Act 21 and Rule 19b– understands that the other national to permit unfair discrimination between 4(f)(6) thereunder.22 securities exchanges and Financial customers, issuers, brokers, or dealers. A proposed rule change filed under Industry Regulatory Authority In particular, the Exchange believes Rule 19b–4(f)(6) 23 normally does not (‘‘FINRA’’) have filed similar proposals that extending the clearly erroneous become operative prior to 30 days after to extend their respective clearly execution pilot under EDGX Rule 11.15 the date of the filing. However, Rule erroneous execution pilot programs, the 19b–4(f)(6)(iii) 24 permits the substance of which are identical to for an additional six months would help 16 assure that the determination of whether Commission to designate a shorter time EDGX Rule 11.15. if such action is consistent with the The Exchange does not propose any a clearly erroneous trade has occurred protection of investors and the public additional changes to EDGX Rule 11.15. will be based on clear and objective interest. The Exchange has asked the The Exchange believes the benefits to criteria, and that the resolution of the market participants from the more incident will occur promptly through a Commission to waive the 30-day objective clearly erroneous executions transparent process. The proposed rule operative delay so that the proposed rule should continue on a limited six change would also help assure rule change may become operative month pilot basis. As the Plan was consistent results in handling erroneous immediately upon filing. The Commission believes that waiving the approved by the Commission to operate trades across the U.S. equities markets, 30-day operative delay is consistent on a permanent, rather than pilot, basis thus furthering fair and orderly markets, the Exchange intends to assess whether with the protection of investors and the the protection of investors and the public interest, as it will allow the additional changes should also be made public interest. Based on the foregoing, to the operation of the clearly erroneous current clearly erroneous execution the Exchange believes the amended pilot program to continue execution rules. Extending the clearly erroneous executions rule effectiveness of EDGX Rule 11.15 for an uninterrupted, without any changes, should continue to be in effect on a pilot while the Exchange and the other additional six months should provide basis while the Exchange and the other the Exchange and other national national securities exchanges consider a national securities exchanges consider securities exchanges additional time to permanent proposal for clearly and develop a permanent proposal for consider further amendments, if any, to erroneous execution reviews. For this the clearly erroneous execution rules. clearly erroneous execution reviews. reason, the Commission hereby waives the 30-day operative delay and B. Self-Regulatory Organization’s 2. Statutory Basis designates the proposed rule change as Statement on Burden on Competition The Exchange believes the proposed operative upon filing.25 rule change is consistent with the The Exchange does not believe that At any time within 60 days of the Securities Exchange Act of 1934 (the the proposed rule change would impose filing of the proposed rule change, the ‘‘Act’’) and the rules and regulations any burden on competition that is not Commission summarily may thereunder applicable to the Exchange necessary or appropriate in furtherance temporarily suspend such rule change if and, in particular, the requirements of of the purposes of the Act. To the 17 21 15 U.S.C. 78s(b)(3)(A). Section 6(b) of the Act. Specifically, contrary, the Exchange understands that the Exchange believes the proposed rule 22 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– FINRA and other national securities 4(f)(6)(iii) requires a self-regulatory organization to exchanges have or will also file similar give the Commission written notice of its intent to 12 See Securities Exchange Act Release No. 85623 proposals to extend their respective file the proposed rule change, along with a brief (April 11, 2019), 84 FR 16086 (April 17, 2019) (File description and text of the proposed rule change, No. 4–631). clearly erroneous execution pilot at least five business days prior to the date of filing 13 See Securities Exchange Act Release No. 87367 programs.20 Thus, the proposed rule of the proposed rule change, or such shorter time (October 21, 2019), 84 FR 57519 (October 25, 2019) change will help to ensure consistency as designated by the Commission. The Exchange (SR–CboeEDGX–2019–062). has satisfied this requirement. 14 See Securities Exchange Act Release No. 88500 across market centers without 23 17 CFR 240.19b–4(f)(6). (March 27, 2020), 85 FR 18628 (April 2, 2020) (SR– implicating any competitive issues. 24 17 CFR 240.19b–4(f)(6)(iii). CboeEDGX–2020–013). 25 For purposes only of waiving the 30-day 15 See supra note 5. operative delay, the Commission has also 18 15 U.S.C. 78f(b)(5). 16 See SR–FINRA–2021–004 (Filed March 15, considered the proposed rule’s impact on 2021). 19 Id. efficiency, competition, and capital formation. See 17 15 U.S.C. 78f(b). 20 See supra note 16. 15 U.S.C. 78c(f).

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it appears to the Commission that such submit only information that you wish II. Self-Regulatory Organization’s action is necessary or appropriate in the to make available publicly. All Statement of the Purpose of, and public interest, for the protection of submissions should refer to File Statutory Basis for, the Proposed Rule investors, or otherwise in furtherance of Number SR–CboeEDGX–2021–019 and Change the purposes of the Act. If the should be submitted on or before May In its filing with the Commission, the Commission takes such action, the 11, 2021. Exchange included statements Commission shall institute proceedings For the Commission, by the Division of concerning the purpose of and basis for to determine whether the proposed rule the proposed rule change and discussed change should be approved or Trading and Markets, pursuant to delegated 26 any comments it received on the disapproved. authority. J. Matthew DeLesDernier, proposed rule change. The text of these IV. Solicitation of Comments statements may be examined at the Assistant Secretary. places specified in Item IV below. The Interested persons are invited to [FR Doc. 2021–08035 Filed 4–19–21; 8:45 am] submit written data, views, and Exchange has prepared summaries, set BILLING CODE 8011–01–P arguments concerning the foregoing, forth in sections A, B, and C below, of including whether the proposed rule the most significant aspects of such statements. change is consistent with the Act. SECURITIES AND EXCHANGE Comments may be submitted by any of COMMISSION A. Self-Regulatory Organization’s the following methods: Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Electronic Comments [Release No. 34–91559; File No. SR– Change • Use the Commission’s internet CboeEDGX–2021–020] comment form (http://www.sec.gov/ 1. Purpose Self-Regulatory Organizations; Cboe rules/sro.shtml); or The Exchange proposes to amend its • Send an email to rule-comments@ EDGX Exchange, Inc.; Notice of Filing Fees Schedule for its options platform sec.gov. Please include File Number SR– and Immediate Effectiveness of a (‘‘EDGX Options’’) by updating certain CboeEDGX–2021–019 on the subject Proposed Rule Change To Amend Its Customer-related fee codes, amending line. Fees Schedule certain Customer-related volume tiers, and amending the Fees Schedule to Paper Comments April 14, 2021. reflect the adoption of the Penny • Send paper comments in triplicate Pursuant to Section 19(b)(1) of the Program on a permanent basis.3 to Secretary, Securities and Exchange Securities Exchange Act of 1934 (the The Exchange first notes that it Commission, 100 F Street NE, ‘‘Act’’),1 and Rule 19b–4 thereunder,2 operates in a highly competitive market Washington, DC 20549–1090. notice is hereby given that on April 7, in which market participants can All submissions should refer to File 2021, Cboe EDGX Exchange, Inc. (the readily direct order flow to competing Number SR–CboeEDGX–2021–019. This ‘‘Exchange’’ or ‘‘EDGX’’) filed with the venues if they deem fee levels at a file number should be included on the Securities and Exchange Commission particular venue to be excessive or subject line if email is used. To help the incentives to be insufficient. More Commission process and review your (the ‘‘Commission’’) the proposed rule change as described in Items I, II, and specifically, the Exchange is only one of comments more efficiently, please use 16 options venues to which market only one method. The Commission will III below, which Items have been prepared by the Exchange. The participants may direct their order flow. post all comments on the Commission’s Based on publicly available information, internet website (http://www.sec.gov/ Commission is publishing this notice to solicit comments on the proposed rule no single options exchange has more rules/sro.shtml). Copies of the than 15% of the market share and change from interested persons. submission, all subsequent currently the Exchange represents only amendments, all written statements I. Self-Regulatory Organization’s approximately 4% of the market share.4 with respect to the proposed rule Statement of the Terms of Substance of Thus, in such a low-concentrated and change that are filed with the the Proposed Rule Change highly competitive market, no single Commission, and all written options exchange, including the communications relating to the Cboe EDGX Exchange, Inc. (the Exchange, possesses significant pricing proposed rule change between the ‘‘Exchange’’ or ‘‘EDGX Options’’) is power in the execution of option order Commission and any person, other than filing with the Securities and Exchange flow. The Exchange believes that the those that may be withheld from the Commission (‘‘Commission’’) a ever-shifting market share among the public in accordance with the proposed rule change to amend its Fees exchanges from month to month provisions of 5 U.S.C. 552, will be Schedule. The text of the proposed rule demonstrates that market participants available for website viewing and change is provided in Exhibit 5. can shift order flow or discontinue to printing in the Commission’s Public reduce use of certain categories of Reference Room, 100 F Street NE, The text of the proposed rule change is also available on the Exchange’s products, in response to fee changes. Washington, DC 20549, on official Accordingly, competitive forces website (http://markets.cboe.com/us/ business days between the hours of constrain the Exchange’s transaction options/regulation/rule_filings/edgx/), 10:00 a.m. and 3:00 p.m. Copies of the fees, and market participants can readily filing also will be available for at the Exchange’s Office of the inspection and copying at the principal Secretary, and at the Commission’s 3 The Exchange initially filed the proposed fee office of the Exchange. All comments Public Reference Room. changes on April 1, 2021 (SR–CboeEDGX–2021– received will be posted without change. 017). On April 7, 2021, the Exchange withdrew that Persons submitting comments are filing and submitted this proposal. 4 See Cboe Global Markets U.S. Options Market 26 17 CFR 200.30–3(a)(12). cautioned that we do not redact or edit Monthly Volume Summary (March 24, 2021), personal identifying information from 1 15 U.S.C. 78s(b)(1). available at https://markets.cboe.com/us/options/ comment submissions. You should 2 17 CFR 240.19b–4. market_statistics/.

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trade on competing venues if they deem amounts to a rebate of $0.39 per contract Tier 5. The proposed rule change pricing levels at those other venues to for orders yielding fee code ZA, $0.75 reduces the enhanced rebate offered by be more favorable. per contract for orders yielding fee code Tier 1 from $0.47 to $0.40, by Tier 2 The Exchange’s Fees Schedule sets ZB, and $0.06 for orders yielding fee from $0.48 to $0.45, and by Tier 3 from forth standard rebates and rates applied code BC. The proposed rule change also $0.49 to $0.47. The proposed rule per contract. For example, the Exchange reflects the change in these amounts in change reduces the percentage of provides standard rebates ranging from the Fee Codes and Associated Fees average OCV that a Member’s ADV in $0.01 up to $0.21 per contract for section of the Fee Schedule, as well as Customer orders must meet in Tier 1 Customer orders in both Penny and in Footnote 6 (AIM and SAM Pricing) from 0.40% to 0.25% and in Tier 2 from Non-Penny Securities. The Fee Codes and Footnote 8 (Complex Order Types) 0.55% to 0.50%. The proposed rule and Associated Fees section of the Fees of the Fee Schedule. The Exchange change adds an alternative prong of Schedule also provides for certain fee notes that these rates for Customer criteria regarding a Member’s ADV in codes associated with certain order orders are in line with, yet also complex non-crossing orders (that is, types and market participants that competitive with, rates assessed by orders not executed in a two sided provide for various other fees or rebates. other options exchanges, which offer auction mechanism such as AIM or the Fee code ZA, for example, is appended lower rates for Customer orders but Solicitation Auction Mechanism to Customer complex orders which more volume incentive opportunities for (‘‘SAM’’) or in a crossing mechanism execute against a contra non-Customer enhanced pricing (which the Exchange such as a Qualified Contingent Cross order in Penny Securities and currently also proposes to incorporate for (‘‘QCC’’)) as a percentage of average offers a rebate of $0.45 per contract. Customer orders herein this proposal).6 OCV in each tier that a Member may Similarly, fee code ZB is appended to The proposed rule change amends the choose to meet in lieu of the existing Customer complex orders which Customer Complex Penny Tiers. criteria (Customer order ADV as a execute against a contra non-Customer Currently, Tier 1 offers an enhanced percentage of average OCV) to receive order in non-Penny Securities and rebate of $0.47 per contract for a the corresponding enhanced rebate. currently offers a rebate of $0.80 per Member’s qualifying orders (i.e., Specifically, a Member may reach the contract. Fee code BC is appended to yielding fee code ZA) if a Member has proposed alternative criteria in Tier 1 if 7 Customer Agency orders executed in the an ADV in Customer orders greater the Member has an ADV in complex 8 Automated Improvement Mechanism than or equal to 0.40% of average OCV. non-crossing orders that is greater than (‘‘AIM’’ or ‘‘AIM Auction’’) and Tier 2 currently offers an enhanced or equal to 0.10% of average OCV, the currently offers a rebate of $0.11 per rebate of $0.48 per contract for proposed alternative criteria in Tier 2 if contract. Additionally, the Fee Schedule qualifying orders if a Member has an the Member has an ADV in complex offers tiered pricing which provides ADV in Customer orders greater than or non-crossing orders that is greater than 5 Members opportunities to qualify for equal to 0.55% of average OCV. Tier 3 or equal to 0.25% of average OCV, and higher rebates or reduced fees where currently offers an enhanced rebate of the proposed alternative criteria in Tier certain volume criteria and thresholds $0.49 per contract for qualifying orders 3 if the Member has an ADV in complex are met. Footnote 1 of the Fee Schedule if a Member has an ADV in Customer non-crossing orders that is greater than currently offers three Complex orders greater than or equal to 0.75% of or equal to 0.45% of average OCV. Customer Penny Tiers which provide average OCV. The proposed rule change Finally, the proposed rule change enhanced rebates between $0.47 and amends the Customer Complex Penny adopts Tier 4, which provides an $0.49 per contract for qualifying Tiers by modestly reducing the enhanced rebate of $0.49 per contract Customer orders that yield fee code ZA enhanced rebate amount offered per for qualifying orders if a Member has an where a Member meets certain liquidity each tier, modestly reducing the ADV in complex non-crossing orders thresholds, and three Complex percentage of average OCV that a greater than or equal to 0.60% of Customer Non-Penny Tiers which Member’s ADV in Customer orders must average OCV or if a Member has an ADV provide enhanced rebates between $0.85 reach in Tier 1 and Tier 2, adding an in Customer orders greater than or equal and $0.95 per contract for qualifying alternative prong of criteria in each tier, to 1.00% of average OCV, and adopts Customer orders that yield fee code ZB and adopting two new tiers, Tier 4 and Tier 5, which provides an enhanced for Members that meet certain liquidity rebate of $0.50 per contract for thresholds. Footnote 9 of the Fee 6 See e.g., MIAX Emerald Options Exchange Fee Schedule currently also offers an AIM Schedule, Section 1(a)(i). Section 1(a)(i) provides a qualifying orders if a Member has an Volume Tier which provides an range of base rebates for customer Penny and Non- ADV in complex non-crossing orders Penny transactions depending on meeting various greater than or equal to 1.00% of enhanced rebate of $0.14 for qualifying volume tiers (Section 1(a)(ii)). For example, base Customer orders that yield fee code BC rebates for Customer complex transactions in Penny average OCV or Member has an ADV in where a Member meets the tier’s volume classes range from $0.25 to $0.50 and for Customer Customer orders greater than or equal to complex transaction in non-Penny classes range 2.00% of average OCV. threshold. from $0.40 to $0.87; see also MIAX Options Fee The Exchange proposes to amend the Schedule, Section 1(a)(v) which offers a base rate The proposed rule change amends the rebate amounts provided to orders of $0.00 for Customer transactions in MIAX’s Customer Complex Non-Penny Tiers. yielding fee codes ZA, ZB, and BC, the auction mechanism (‘‘PRIME’’), and Section Currently, Tier 1 offers an enhanced 1(a)(iii), which then offers a rebate of $0.10 or $0.11 Customer Complex Penny and Non- for Customer transactions in PRIME if a member rebate of $0.85 per contract for a Penny Tiers, and the AIM Volume Tier. meets certain volume thresholds. Member’s qualifying orders (i.e., As described above, qualifying 7 ‘‘ADV’’ means average daily volume calculated yielding fee code ZB) if a Member has Customer orders yielding fee codes ZA, as the number of contracts added or removed, an ADV in Customer orders greater than ZB, and BC are currently provided a combined, per day. or equal to 0.40% of average OCV. Tier 8 ‘‘OCC Customer Volume or ‘‘OCV’’ means the rebate in the amount of $0.45, $0.80, total equity and ETF options volume that clears in 2 currently offers an enhanced rebate of and $0.11 per contract, respectively. the Customer range at the Options Clearing $0.87 per contract for qualifying orders The proposed rule change proposes to Corporation (‘‘OCC’’) for the month for which the if a Member has an ADV in Customer fees apply, excluding volume on any day that the orders greater than or equal to 0.55% of incrementally decrease each of these Exchange experiences an Exchange System Disruption and on any day with a scheduled early average OCV. Tier 3 currently offers an 5 See Exchange Rule 1.5(n). market close. enhanced rebate of $0.95 per contract

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for qualifying orders if a Member has an the opportunity to meet alternative Customer order flow and overall order ADV in Customer orders that is greater criteria. Also, as a result of the increase flow to the Exchange’s Book creates than or equal to 0.75% of average OCV. in the percentage of Customer order more trading opportunities, which, in In particular, the proposed rule change ADV in the existing Customer Complex turn attracts Market-Makers. A resulting amends the Customer Complex Non- Non-Penny Tiers, the proposed increase in Market-Maker activity may Penny Tiers by modestly reducing the corresponding enhanced rebates are not facilitate tighter spreads, which may enhanced rebate amount offered in Tier as reduced as the proposed enhanced lead to an additional increase of order 1 and Tier 2, modestly increasing the rebates that correspond to the less flow from other market participants, percentage of average OCV that a difficult criteria (due to the addition of further contributing to a deeper, more Member’s ADV in Customer orders must the alternative criteria plus the decrease liquid market to the benefit of all market reach in each tier, adding an alternative in ADV as a percentage of average OCV) participants by creating a more robust prong of criteria in each tier, and proposed in the existing Customer and well-balanced market ecosystem. adopting new Tier 4. The proposed rule Complex Penny Tiers. The proposed Finally, the proposed rule change change reduces the enhanced rebate overall ease in criteria and new tiers updates the term ‘‘Penny Pilot’’ offered by Tier 1 from $0.85 to $0.80 offered under the Customer Complex throughout the Fee Schedule to reflect and by Tier 2 from $0.87 to $0.85. The Penny/Non-Penny Tiers provide the 2020 adoption of the pilot program proposed rule change increases the Members an additional opportunity to on a permanent basis.10 More percentage of average OCV that a receive a rebate on their qualifying specifically, on April 1, 2020 the Member’s ADV in Customer orders must Customer complex orders (i.e., yielding Commission approved an amendment meet in Tier 1 from 0.40% to 0.50%, in fee code ZA and ZB), which, in turn, the Plan for the Purpose of Developing Tier 2 from 0.55% to 0.75%, and in Tier provides Members with increased and Implementing Procedures Designed 3 from 0.75% to 1.00%. The proposed incentives to increase their Customer to Facilitate the Listing and Trading of rule change adds an alternative prong of order flow and their overall complex Standardized Options (the ‘‘OLPP’’) to criteria regarding a Member’s ADV in non-crossing order flow in order to make permanent the Penny Pilot complex non-crossing orders as a achieve the proposed eased and/or Program, and the Exchange accordingly percentage of average OCV in each tier additional criteria and receive enhanced conformed its Rules to the OLPP that a Member may choose to meet in rebates on their qualifying Customer Program by deleting Interpretation and lieu of the existing criteria (Customer complex orders. Policy .01 to Rule 21.5 (the ‘‘Penny Pilot The proposed rule change also order ADV as a percentage of average Rule’’), replacing it with Rule 21.5(e) amends the AIM Volume Tier. OCV) to receive a corresponding (Requirements for Penny Interval Currently, Tier 1 offers an enhanced enhanced rebate. Specifically, a Member Program). As a result, the proposed rule rebate of $0.14 per contract for a may reach the proposed alternative change now updates the Fee Schedule Member’s qualifying orders (i.e. yielding criteria in Tier 1 if the Member has an to reflect the permanent Penny Program, fee code BC) if a Member has an ADV ADV in complex non-crossing orders as follows: that is greater than or equal to 0.25% of in Customer Orders greater than or • Removes the term ‘‘Pilot’’ from the average OCV, the proposed alternative equal to 0.35% of average OCV. The descriptions of fee codes PB, PC, PF, criteria in Tier 2 if the Member has an proposed rule change adopts a new Tier PM, PN, PO, PP, PT, RN, and RQ in the ADV in complex non-crossing orders 1 (and, as a result, updates current Tier 9 Fees Codes and Associated Fees that is greater than or equal to 0.45% of 1 to Tier 2), which offers an enhanced section; 11 average OCV, and the proposed rebate of $0.11 per contract for • alternative criteria in Tier 3 if the qualifying orders if a Member has an replaces ‘‘Pilot’’ with ‘‘Program’’ Member has an ADV in complex non- ADV in Customer Orders greater than or where applicable in the Standard Rates crossing orders that is greater than or equal to 0.30% of average OCV. The table, Footnote 4, Footnote 6, Footnote equal to 0.60% of average OCV. Finally, proposed rule change also incrementally 8, and Marketing Fees table; and the proposed rule change adopts Tier 4, increases the percentage of a Member’s • amends the term ‘‘Penny Pilot which provides an enhanced rebate of Customer Order ADV into average OCV Securities’’ to reflect the definition of $1.00 per contract for qualifying orders from 0.35% to 0.50% in Tier 2 (current ‘‘Penny Program Securities’’ in the if a Member has an ADV in complex Tier 1). The corresponding enhanced Definition section and updates the non-crossing orders greater than or rebate remains the same Like the definition to reflect Rule 21.5(e), which equal to 1.00% of average OCV or if a proposed additional Customer Complex now governs the Penny Program. Penny/Non-Penny Tiers, the proposed Member has an ADV in Customer orders The Exchange believes that the new AIM Volume Tier provide Members greater than or equal to 2.00% of proposed rule change will provide with an additional opportunity to average OCV. additional clarity in the Fee Schedule achieve tier criteria and receive an The proposed rule change to the by updating references to the current enhanced rebate, thus providing further existing Customer Complex Penny/Non- permanent Penny Program and the incentive to submit Customer order flow Penny Tiers eases the overall difficulty corresponding Rule that now governs to the Exchange. in reaching the tiers’ criteria by adding The Exchange believes that the the program. The Exchange notes that an alternative criteria option that proposed changes to the Customer the proposed rule change does not alter Members may choose to meet in lieu of Complex Penny/Non-Penny Tiers and the securities eligible for the Penny the existing criteria and amends the AIM Volume Tiers are designed overall Program nor any of the rates currently enhanced rebates to correspond with the to incentivize more Customer order flow assessed for Penny Program Securities. ease in criteria. While the proposed and to direct an increase of order flow change incrementally increases the ADV 10 to the EDGX Options Order Book. The See Securities Exchange Act Release No. 89080 as a percentage of average OCV in the (June 17, 2020), 85 FR 37722 (June 23, 2020) (SR– Exchange believes that an increase in existing Customer Complex Non-Penny CboeEDGX–2020–028). 11 The Exchange notes that this update Tiers’ criteria, the Exchange notes that 9 As a result of the proposed additional tier, the harmonizes these fee code descriptions with the overall difficulty of meeting the proposed rule change also updates the heading of existing fee code descriptions that currently refer to criteria in these existing tiers is eased by Footnote 9 from singular to plural ‘‘Tiers.’’ just ‘‘Penny’’.

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2. Statutory Basis for similar Customer orders on other that the additional, alternative criteria 15 The Exchange believes that the options exchanges. The Exchange also and modification of existing criteria in proposed rule change is consistent with believes that amending the rebate the Customer Complex Penny/Non- the objectives of Section 6 of the Act,12 amounts associated with fee codes ZA, Penny Tiers are reasonable because they in general, and furthers the objectives of ZB, and BC represents an equitable amend existing opportunities to receive Section 6(b)(4),13 in particular, as it is allocation of fees and is not unfairly enhanced rebates by easing the level of designed to provide for the equitable discriminatory because they will difficulty in each set of the three allocation of reasonable dues, fees and continue to automatically and uniformly existing tiers and maintain the current other charges among its Members and apply to all Members’ respective structure of step-up in difficulty in issuers and other persons using its qualifying Customer orders. achieving each ascending tier. The facilities. The Exchange also believes The Exchange believes the proposed proposed new Customer Complex that the proposed rule change is changes to the Customer Complex Penny/Non-Penny Tiers are reasonable consistent with the objectives of Section Penny/Non-Penny Tiers and AIM because they provide Members with 6(b)(5) 14 requirements that the rules of Volume Tier are reasonable overall additional, also incrementally more an exchange be designed to prevent because they amend the tiers in a challenging, opportunities to receive fraudulent and manipulative acts and manner that incentivizes increased enhanced rebates. Likewise, the practices, to promote just and equitable Customer order flow and/or overall proposed new AIM Volume Tier 1 principles of trade, to foster cooperation order flow to the EDGX Book by provides Members with an additional and coordination with persons engaged providing Members with additional opportunity to achieve easier tier in regulating, clearing, settling, opportunities to meet criteria, both via criteria (than that of current Tier 1) and processing information with respect to, reduction in difficulty and additional receive an enhanced rebate, while and facilitating transactions in tiers, in order to receive enhanced slightly increasing the difficulty in securities, to remove impediments to rebates a Member’s qualifying orders. reaching the criteria in the existing AIM and perfect the mechanism of a free and The Exchange notes that relative Volume Tier (current Tier 1) to also open market and a national market volume-based incentives and discounts reflect an incremental step-up in have been widely adopted by difficulty in the AIM Volume Tiers. The system, and, in general, to protect 16 17 investors and the public interest, and, exchanges, including the Exchange, Exchange believes that the proposed particularly, is not designed to permit and are reasonable, equitable and non- additional opportunities in the unfair discrimination between discriminatory because they are open to Customer Penny/Non-Penny Tiers and customers, issuers, brokers, or dealers. all members on an equal basis and AIM Volume Tiers for Members to As described above, the Exchange provide additional benefits or discounts receive enhanced rebates on their operates in a highly competitive market that are reasonably related to (i) the qualifying orders via new tiers and an in which market participants can value to an exchange’s market quality overall ease in tier difficulty (while still readily direct order flow to competing and (ii) associated higher levels of maintaining the current structure of venues if they deem fee levels at a market activity, such as higher levels of step-up in difficulty through ascending particular venue to be excessive or liquidity provision and/or growth tiers) are reasonably designed to provide incentives to be insufficient. The patterns. Additionally, as noted above, further incentive to Members to increase proposed rule change reflects a the Exchange operates in a highly Customer order flow to the Exchange competitive pricing structure designed competitive market. The Exchange is overall order flow directly to the only one of several options venues to to incentivize market participants to Exchange’s Book. As described above, which market participants may direct direct their order flow to the Exchange, Customer order flow and overall order their order flow, and it represents a which the Exchange believes would flow to the Exchange’s Book creates small percentage of the overall market. enhance market quality to the benefit of more trading opportunities, which, in Competing options exchanges offer all Members. turn attracts Market-Makers. A resulting similar tiered pricing structures to that The Exchange believes the proposed increase in Market-Maker activity may of the Exchange, including schedules of reduction in rebate amounts for orders facilitate tighter spreads, which may rebates and fees that apply based upon yielding fee codes ZA, ZB, and BC is lead to an additional increase of order members achieving certain volume and/ reasonable, equitable, and not unfairly flow from other market participants. or growth thresholds and offer discriminatory. The Exchange believes Increased overall order flow benefits all that amending the rebates for Customer comparable pricing to members for achieving such tiers.18 investors by deepening the Exchange’s orders yielding fee code ZA, ZB, or BC liquidity pool, potentially providing is reasonable because, as stated above, Specifically, the Exchange believes that the proposed changes to the even greater execution incentives and in order to operate in the highly opportunities, offering additional competitive equities markets, the Customer Complex Penny/Non-Penny Tiers and the AIM Volume Tier are flexibility for all investors to enjoy cost Exchange and its competing exchanges savings, supporting the quality of price seek to offer similar pricing structures, reasonable, equitable, and not unfairly discriminatory. The Exchange believes discovery, promoting market including assessing comparable rates transparency, and improving investor and offering multiple enhanced pricing protection. opportunities for various types of 15 See supra note 6. 16 See e.g., Cboe BZX U.S. Options Exchange Fee The Exchange further believes that the orders. Thus, the Exchange believes the Schedule, Footnote 1, Customer Penny Add Volume proposed rate changes (along with the proposed changes to the enhanced Tiers; and Footnote 12, Customer Non-Penny Add rebate amounts and new enhanced proposed offering of additional tiered Volume Tiers, both of which provide for various pricing opportunities) are reasonable as tiers with different, incrementally more difficult rebates in the Customer Complex they are generally aligned with and criteria, many of which are based on average Penny/Non-Penny Tiers and AIM volumes as a percentage of average OCV and offer Volume Tiers are reasonable as they competitive with the amounts assessed enhanced rebates ranging from $0.35 to $1.06 per contract. represent the proposed proportional 12 15 U.S.C. 78f. 17 See i.e., Cboe EDGX U.S. Options Exchange Fee decreases in difficulty per adjacent tiers. 13 15 U.S.C. 78f(b)(4). Schedule, Footnote 1, Customer Volume Tiers. The Exchange believes that providing 14 15 U.S.C. 78f.(b)(5). 18 See supra note 16. reduced enhanced rebates per tier is

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reasonable as they are commensurate Exchange anticipates that at least one to necessary or appropriate in furtherance with the proposed criteria, in that, they three Members will be able to compete of the purposes of the Act. Particularly, are line with the easing the level of for and potentially achieve the amended the proposed change to the rebate difficulty or the proposed new relative criteria in each of the existing Customer amounts associated with fee codes ZA, levels of difficulty in the Customer Complex Penny Tiers and Customer ZB, and BC will continue to apply Complex Penny/Non-Penny Tiers and Complex Non-Penny Tiers. The uniformly and automatically to all AIM Volume Tiers. Also, as noted Exchange also anticipates at least one or Members’ respective qualifying orders. above, while the proposed criteria two Members will be able to compete The proposed tier changes apply to all changes to the existing Customer for and potentially achieve the two new Members equally in that all Members Complex Non-Penny Tiers decrease the Customer Complex Penny Tiers and are eligible to achieve the tiers’ overall difficulty in meeting the tiers’ new Customer Non-Penny Tier. The proposed criteria, have a reasonable criteria, the difficulty in reaching the Exchange anticipates that approximately opportunity to meet the tiers’ proposed modified criteria in these tiers is two to three Members will be able to criteria and will all receive the incrementally greater than the difficulty compete for and potentially achieve corresponding enhanced rebates in reaching the modified criteria in the each of the AIM Volume Tiers, as (existing and as amended) if such proposed Customer Complex Penny proposed. The Exchange also notes that criteria is met. Overall, the proposed Tiers. Therefore, Exchange believes it is the proposed tiers will not adversely change is designed to attract additional reasonable to offer, as proposed, a impact any Member’s pricing or their Customer order flow to the Exchange slightly less reduced enhanced rebate ability to qualify for other rebate tiers. and overall order flow directly to the per corresponding Customer Complex Rather, should a Member not meet the Exchange’s Book. The Exchange Non-Penny Tier. Also, the proposed proposed criteria for a tier, the Member believes that the modified and new tier reduced enhanced rebates and/or will merely not receive the criteria will incentivize market proposed additional enhanced rebates corresponding enhanced rebate. participants to strive to increase such in the Customer Complex Penny/Non- Finally, the Exchange believes the order flow to the Exchange to receive Penny Tiers and AIM Volume Tiers, as proposed update to the Penny Program the corresponding enhanced rebates applicable, do not represent a language and Rule reference in the Fee and, as a result, increase trading significant departure from the enhanced Schedule is reasonable, equitable and opportunities, attract further Market- rebates currently offered under the tiers not unfairly discriminatory because it is Maker activity, further incentivize the as the proposed rate changes merely intended to provide additional clarity in provision of liquidity and continued incrementally shift the range of the Fee Schedule by updating references order flow to the Book, and improve enhanced rebates offered to most to the current permanent Penny price transparency on the Exchange. appropriately align with the Program and the corresponding Rule Greater overall order flow and pricing corresponding shift in criteria difficulty that now governs the program and does transparency benefits all market per each tier (existing and new). not alter the securities eligible for the participants on the Exchange by generally providing a cycle of more The Exchange believes that the Penny Program nor any of the rates trading opportunities, enhancing market proposed changes to the Customer currently assessed for Penny Program Securities. quality, and continuing to encourage Complex Penny/Non-Penny Tiers and Members to submit order flow and AIM Volume Tier represent an equitable B. Self-Regulatory Organization’s continue to contribute towards a robust allocation of rebates and are not unfairly Statement on Burden on Competition and well-balanced market ecosystem to discriminatory. All Members will The Exchange does not believe that the benefit of all market participants. continue to be eligible for the existing the proposed rule change will impose The Exchange additionally notes that Customer Complex Penny/Non-Penny any burden on intramarket or the proposed rule change to reflect the Tiers and AIM Volume Tier, as intermarket competition that is not current Penny Program is amended, and will be eligible for the necessary or appropriate in furtherance noncompetitive, nonsubstantive and proposed tiers by submitting the of the purposes of the Act. Rather, as merely clarifying in nature. requisite order flow. The proposed discussed above, the Exchange believes Next, the Exchange believes the changes to the tiers’ criteria are that the proposed change would proposed rule change does not impose designed as an incentive to any and all encourage the submission of additional any burden on intermarket competition Members interested in meeting modified order flow to a public exchange, thereby that is not necessary or appropriate in and new tier criteria to submit promoting market depth, execution furtherance of the purposes of the Act. additional Customer orders and/or incentives and enhanced execution As previously discussed, the Exchange overall order flow directly to the opportunities, as well as price discovery operates in a highly competitive market. Exchange’s Book. Each Member will and transparency for all Members. As a Members have numerous alternative have the same opportunity to submit the result, the Exchange believes that the venues that they may participate on and requisite order flow and the proposed change furthers the direct their order flow, including 15 corresponding enhanced rebates Commission’s goal in adopting other options exchanges and off- (existing and as amended) will apply Regulation NMS of fostering exchange venues and alternative trading uniformly to all Members that meet the competition among orders, which systems. Additionally, the Exchange modified or new tier criteria. Without promotes ‘‘more efficient pricing of represents a small percentage of the having a view of activity on other individual stocks for all types of orders, overall market. Based on publicly markets and off-exchange venues, the large and small.’’ 19 available information, no single options Exchange has no way of knowing The Exchange believes the proposed exchange has more than 15% of the whether this proposed rule change 20 rule change does not impose any burden market share. Therefore, no exchange would definitely result in any Members on intramarket competition that is not possesses significant pricing power in qualifying for the proposed tiers. While the execution of order flow. Indeed, the Exchange has no way of predicting 19 Securities Exchange Act Release No. 51808, 70 participants can readily choose to send with certainty how the proposed tiers FR 37495, 37498–99 (June 29, 2005) (S7–10–04) will impact Member activity, the (Final Rule). 20 See supra note 3.

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their orders to other exchange and off- action is necessary or appropriate in the to make available publicly. All exchange venues if they deem fee levels public interest, for the protection of submissions should refer to File at those other venues to be more investors, or otherwise in furtherance of Number SR–CboeEDGX–2021–020 and favorable. Moreover, the Commission the purposes of the Act. If the should be submitted on or before May has repeatedly expressed its preference Commission takes such action, the 11, 2021. for competition over regulatory Commission will institute proceedings For the Commission, by the Division of intervention in determining prices, to determine whether the proposed rule Trading and Markets, pursuant to delegated products, and services in the securities change should be approved or authority.25 markets. Specifically, in Regulation disapproved. J. Matthew DeLesDernier, NMS, the Commission highlighted the IV. Solicitation of Comments Assistant Secretary. importance of market forces in [FR Doc. 2021–08033 Filed 4–19–21; 8:45 am] determining prices and SRO revenues Interested persons are invited to BILLING CODE 8011–01–P and, also, recognized that current submit written data, views and regulation of the market system ‘‘has arguments concerning the foregoing, including whether the proposed rule been remarkably successful in SECURITIES AND EXCHANGE change is consistent with the Act. promoting market competition in its COMMISSION broader forms that are most important to Comments may be submitted by any of investors and listed companies.’’ 21 The the following methods: [Release No. 34–91563; File No. SR– NYSENAT–2021–07] fact that this market is competitive has Electronic Comments also long been recognized by the courts. • Self-Regulatory Organizations; NYSE In NetCoalition v. Securities and Use the Commission’s internet National, Inc.; Notice of Filing and Exchange Commission, the D.C. Circuit comment form (http://www.sec.gov/ Immediate Effectiveness of Proposed stated as follows: ‘‘[n]o one disputes rules/sro.shtml); or • Rule Change To Amend Rule 7.37 that competition for order flow is Send an email to rule-comments@ ‘fierce.’ . . . As the SEC explained, ‘[i]n sec.gov. Please include File Number SR– CboeEDGX–2021–020 on the subject April 14, 2021. the U.S. national market system, buyers 1 line. Pursuant to Section 19(b)(1) of the and sellers of securities, and the broker- Securities Exchange Act of 1934 (the dealers that act as their order-routing Paper Comments ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 agents, have a wide range of choices of • Send paper comments in triplicate notice is hereby given that, on April 1, where to route orders for execution’; to Secretary, Securities and Exchange 2021, NYSE National, Inc. (‘‘NYSE [and] ‘no exchange can afford to take its Commission, 100 F Street NE, National’’ or the ‘‘Exchange’’) filed with market share percentages for granted’ Washington, DC 20549–1090. the Securities and Exchange because ‘no exchange possesses a All submissions should refer to File Commission (the ‘‘Commission’’) the monopoly, regulatory or otherwise, in Number SR–CboeEDGX–2021–020. This proposed rule change as described in the execution of order flow from broker file number should be included on the Items I, II, and III below, which Items dealers’. . . .’’.22 Accordingly, the subject line if email is used. To help the have been prepared by the self- Exchange does not believe its proposed Commission process and review your regulatory organization. The fee change imposes any burden on comments more efficiently, please use Commission is publishing this notice to competition that is not necessary or only one method. The Commission will solicit comments on the proposed rule appropriate in furtherance of the post all comments on the Commission’s change from interested persons. purposes of the Act. internet website (http://www.sec.gov/ I. Self-Regulatory Organization’s C. Self-Regulatory Organization’s rules/sro.shtml). Copies of the Statement of the Terms of Substance of Statement on Comments on the submission, all subsequent the Proposed Rule Change Proposed Rule Change Received From amendments, all written statements The Exchange proposes to amend Members, Participants, or Others with respect to the proposed rule Rule 7.37 to specify when the Exchange change that are filed with the The Exchange neither solicited nor may adjust its calculation of the PBBO. Commission, and all written received comments on the proposed The proposed rule change is available communications relating to the rule change. on the Exchange’s website at proposed rule change between the www.nyse.com, at the principal office of III. Date of Effectiveness of the Commission and any person, other than the Exchange, and at the Commission’s Proposed Rule Change and Timing for those that may be withheld from the Public Reference Room. Commission Action public in accordance with the The foregoing rule change has become provisions of 5 U.S.C. 552, will be II. Self-Regulatory Organization’s effective pursuant to Section 19(b)(3)(A) available for website viewing and Statement of the Purpose of, and of the Act 23 and paragraph (f) of Rule printing in the Commission’s Public Statutory Basis for, the Proposed Rule 19b–4 24 thereunder. At any time within Reference Room, 100 F Street NE, Change 60 days of the filing of the proposed rule Washington, DC 20549, on official In its filing with the Commission, the change, the Commission summarily may business days between the hours of self-regulatory organization included temporarily suspend such rule change if 10:00 a.m. and 3:00 p.m. Copies of the statements concerning the purpose of, it appears to the Commission that such filing also will be available for and basis for, the proposed rule change inspection and copying at the principal and discussed any comments it received 21 See Securities Exchange Act Release No. 51808 office of the Exchange. All comments on the proposed rule change. The text (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005). received will be posted without change. of those statements may be examined at 22 NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Persons submitting comments are Cir. 2010) (quoting Securities Exchange Act Release No. 59039 (December 2, 2008), 73 FR 74770, 74782– cautioned that we do not redact or edit 25 17 CFR 200.30–3(a)(12). 83 (December 9, 2008) (SR–NYSEArca–2006–21)). personal identifying information from 1 15 U.S.C. 78s(b)(1). 23 15 U.S.C. 78s(b)(3)(A). comment submissions. You should 2 15 U.S.C. 78a. 24 17 CFR 240.19b–4(f). submit only information that you wish 3 17 CFR 240.19b–4.

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the places specified in Item IV below. Proposed Rule 7.37(d)(2) is based on ISO to execute against the full size of The Exchange has prepared summaries, MEMX LLC (‘‘MEMX’’) Rule 13.4(b) any locked or crossed protection set forth in sections A, B, and C below, with two non-substantive differences.8 quotations, i.e., the member of the most significant parts of such First, the Exchange proposes to use the organization routes ISOs to trade with statements. term ‘‘PBBO,’’ which is the term used in contra-side protected quotations on A. Self-Regulatory Organization’s the Exchange’s rules for the best-priced Away Markets that are priced equal to Statement of the Purpose of, and the protected quotations, instead of or better than the arriving Day ISO on Statutory Basis for, the Proposed Rule ‘‘NBBO.’’ Second, the Exchange the Exchange. Because receipt of a Day Change proposes to refer to ‘‘Away Markets,’’ ISO informs the Exchange that the which is a defined term in Rule 1.1, member organization has routed ISOs to 1. Purpose instead of ‘‘other venues.’’ trade with Away Market contra-side The Exchange proposes to amend MEMX has not disclosed protected quotations priced equal to or Rule 7.37 to specify when the Exchange circumstances when ‘‘certain orders better than the Day ISO, upon receipt may adjust its calculation of the PBBO.4 received by the Exchange’’ would result and displaying of a Day ISO, the Generally, the Exchange updates both in an adjustment to its calculation of the Exchange proposes to adjust its the PBBO and NBBO based on quote PBBO, but the Exchange believes that calculation of the PBBO to exclude any updates received from data feeds from when MEMX receives an ISO with a Day contra-side protected quotations that are Away Markets, which are disclosed in time in force (‘‘Day ISO’’), it adjusts its priced equal to or better than the Day Rule 7.37(d).5 In 2018, the Exchange calculation of the PBBO. The Exchange ISO. described in a rule filing that when it proposes that it would also adjust its • For example, if the best protected routes interest to a protected quotation, calculation of the PBBO based on bid is 10.00, Exchange A is displaying the Exchange adjusts the PBBO.6 The receipt of a Day ISO, which is consistent a protected offer at 10.05, and Exchange Exchange proposes to amend its rules to with how Nasdaq Stock Market LLC B is displaying a protected offer at include that description in Rule 7.37 (‘‘Nasdaq’’) 9 and Cboe BZX Exchange, 10.09, the Exchange’s calculation of the and provide additional specificity of Inc. (‘‘BZX’’) 10 function. PBBO would be 10.00 x 10.05. If the when it may adjust its calculation of the Specifically, the Exchange proposes Exchange receives a Day ISO for 100 PBBO. that it would adjust its calculation of the shares to buy priced at 10.05 that is As proposed, new paragraph (d)(2) of PBBO upon receipt of a Day ISO Order displayed on the Exchange at 10.05, the Rule 7.37 would provide: that the Exchange displays. As Exchange would adjust its calculation of The Exchange may adjust its described in Rule 7.37(e)(3)(C), a Day the PBBO to be 10.05 x 10.09 and would calculation of the PBBO based on ISO is eligible for the exception to use this updated PBBO for execution, information about orders it sends to locking or crossing a protected routing, and re-pricing determinations. Away Markets with protected quotation because the member If a Day ISO is displayed on the quotations, execution reports received organization simultaneously routes an Exchange at a price less aggressive than from those Away Markets, and certain its limit price (e.g., a Day ISO ALO that, orders received by the Exchange. to Away Markets, execution reports from Away if displayed at its limit price, would This proposed rule text is consistent Markets, or certain orders received by the Exchange. lock displayed interest on the with the Exchange’s disclosure in the Id. 8 MEMX Rule 13.4(b) provides: ‘‘The Exchange Exchange), the Day ISO still informs the Pillar Filing and adds specificity that may adjust its calculation of the NBBO based on Exchange that the member organization the Exchange may adjust its calculation information about orders sent to other venues with has routed ISOs to trade with contra- of the PBBO based on execution reports protected quotations, execution reports received side protected quotations on Away received from Away Markets and certain from those venues, and certain orders received by Markets that are priced equal to or better orders received by the Exchange.7 the Exchange.’’ 9 See Nasdaq Rule 4703(j) (‘‘Upon receipt of an than the limit price of arriving Day ISO ISO, the System will consider the stated price of the on the Exchange. The Exchange would 4 The term ‘‘PBBO’’ is defined in Rule 1.1 to mean ISO to be available for other Orders to be entered therefore use the limit price of the Day the Best Protected Bid and the Best Protected Offer, at that price, unless the ISO is not itself accepted ISO ALO to determine how to adjust its which in turn mean the highest Protected Bid and at that price level (for example, a Post-Only Order the lowest Protected Offer, which refer to that has its price adjusted to avoid executing against calculation of the contra-side Away quotations in an NMS stock that is (i) displayed by an Order on the Nasdaq Book) or the ISO is not Market PBBO, provided that contra-side an Automated Trading Center; (ii) disseminated Displayed.’’) and Securities Exchange Act Release displayed interest on the Exchange pursuant to an effective national market system No. 74558 (March 20, 2015) 80 FR 16050, 16068 equal to the limit price of the Day ISO plan; and (iii) an Automated Quotation that is the (March 26, 2015) (SR–Nasdaq–2015–024) (Notice). best bid or best offer of a national securities 10 See Securities Exchange Act Release No. 74074 ALO would not be considered cleared. exchange or the best bid or best offer of a national (January 15, 2015), 80 FR 3679, 3680 (January 23, The price at which the arriving Day ISO securities association. The term NBBO is defined to 2015) (SR–BATS–2015–04) (Notice of filing and ALO would be displayed would be the mean the national best bid and offer. The Exchange immediate effectiveness of proposed rule change to price that informs the Exchange’s notes that the NBBO may differ from the PBBO clarify the use of certain data feeds) (‘‘The because the NBBO includes Manual Quotations, Exchange’s [matching engine] will update the calculation of the same-side PBBO. which are defined as any quotation other than an NBBO upon receipt of a Day ISO. When a Day ISO For example, when the best protected automated quotation. 17 CFR 242.600(b)(37). is posted on the BATS Book, the [matching engine] 5 bid is 10.00 and Exchange A is The Exchange proposes non-substantive uses the receipt of a Day ISO as evidence that the displaying a protected offer at 10.05 and amendments to Rule 7.37–E(d) to update the names protected quotes have been cleared, and the ME of the exchanges listed in the table by replacing the does not check away markets for equal or better- the Exchange’s best displayed offer is term ‘‘NASDAQ’’ with ‘‘Nasdaq.’’ priced protected quotes..... In determining 10.07, the Exchange’s calculation of the 6 See Securities Exchange Act Release No. 83289 whether to route an order and to which venue(s) it PBBO would be 10.00 x 10.05, then: (May 17, 2018), 83 FR 23968 (May 23, 2018) (SR– should be routed, the [routing engine] makes its • If the Exchange receives ALO ‘‘1’’ to NYSENat–2018–02) (Approval Order and Notice of own calculation of the NBBO.... The [routing filing of Amendment No. 1) (‘‘Pillar Filing’’). The engine] does not utilize Day ISO Feedback in buy at 10.06, it would be displayed at full text of Amendment No. 1 of the Pillar Filing constructing the NBBO; however, because all orders 10.04 and be assigned a working price is available here: https://www.nyse.com/ initially flow through the [matching engine], to the of 10.05, which is the PBO (displayed publicdocs/nyse/markets/nyse-national/rule-filings/ extent Day ISO Feedback has updated the [matching on Exchange A),11 and the Exchange filings/2018/NYSENAT-2018-02,%20Am.1.pdf. engine’s] calculation of the NBBO, all orders 7 The Exchange does not adjust its calculation of processed by the [routing engine] do take Day ISO the NBBO based on information about orders sent Feedback into account.’’) (‘‘BZX Filing’’). 11 See Rule 7.31(e)(2)(B)(i).

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would adjust the PBBO to be 10.04 x described above. The Exchange necessary or appropriate in furtherance 10.05. anticipates that it will implement the of the purposes of the Act. The • If next, the Exchange receives Day technology change to how it calculates proposed rule changes are designed to ISO ALO ‘‘2’’ to buy at 10.07, the the PBBO in May 2021. promote transparency and clarity in Exchange would be permitted to display 2. Statutory Basis Exchange rules regarding when the that order at a price that crosses Exchange may adjust its calculation of Exchange A’s PBO because it is a Day The Exchange believes that the the PBBO. The Exchange believes that ISO. However, because it locks the proposal is consistent with Section 6(b) the proposed rule change would Exchange’s best displayed offer, due to of the Act,13 in general, and furthers the promote competition because the its ALO modifier, the Exchange would objectives of Sections 6(b)(5) of the Exchange proposes to adjust its display Day ISO ALO ‘‘2’’ at 10.06 and Act,14 in particular, because it is calculation of the PBBO under similar it would have a working price of designed to prevent fraudulent and circumstances that other equity 10.06.12 In this scenario, the Exchange manipulative acts and practices, to exchanges adjust their calculation of the proposes to adjust its calculation of the promote just and equitable principles of PBBO, including MEMX, Nasdaq, and PBBO to be 10.06 x 10.07 and use this trade, to foster cooperation and BZX. updated PBBO for execution, routing, coordination with persons engaged in and re-pricing determinations, regulating, clearing, settling, processing C. Self-Regulatory Organization’s including repricing the ALO ‘‘1’’ to buy information with respect to, and Statement on Comments on the to both work and display at its limit facilitating transactions in securities, to Proposed Rule Change Received From price of 10.06. remove impediments to, and perfect the Members, Participants, or Others The Exchange believes that adjusting mechanisms of, a free and open market No written comments were solicited the PBBO in this manner is consistent and a national market system and, in or received with respect to the proposed with Regulation NMS because the general, to protect investors and the rule change. member organization that submitted the public interest and because it is not Day ISO ALO to buy priced at 10.07 has designed to permit unfair III. Date of Effectiveness of the represented that it has sent ISOs to trade discrimination between customers, Proposed Rule Change and Timing for with protected offers on other exchanges issuers, brokers, or dealers. Commission Action priced at 10.07 or lower. The only The Exchange believes that the The Exchange has filed the proposed reason that such order would not be proposed rule change would remove rule change pursuant to Section displayed at 10.07 on the Exchange is impediments to and perfect the 19(b)(3)(A)(iii) of the Act 16 and Rule because it has an ALO modifier and mechanism of a free and open market 19b–4(f)(6) thereunder.17 Because the cannot trade with the Exchange’s and a national market system because it proposed rule change does not: (i) displayed offer of 10.07. However, there is designed to promote clarity and Significantly affect the protection of is no restriction on that Day ISO ALO transparency in Exchange rules of when investors or the public interest; (ii) being displayed at 10.06, which crosses the Exchange may adjust its calculation impose any significant burden on the Away Market PBO of 10.05. The of the PBBO. The Exchange believes that competition; and (iii) become operative Exchange believes in this circumstance, adjusting its calculation of the PBBO prior to 30 days from the date on which it is consistent with Regulation NMS for based on receipt of a Day ISO is it was filed, or such shorter time as the the Exchange to consider that any Away consistent with Regulation NMS Commission may designate, if Market protected offers priced 10.07 or because the member organization that consistent with the protection of below have been cleared and therefore entered such Day ISO has also sent ISOs investors and the public interest, the adjust its calculation of the contra-side to Away Markets to trade with contra- proposed rule change has become Away Market PBBO for purposes of side protected quotations priced equal effective pursuant to Section 19(b)(3)(A) execution, routing, and repricing to or better than the Day ISO. For the of the Act and Rule 19b–4(f)(6)(iii) determinations based on the limit price same reasons that displaying a Day ISO thereunder. of the Day ISO ALO. at a price that locks or crosses the PBBO At any time within 60 days of the The Exchange believes that the is consistent with Regulation NMS, the filing of such proposed rule change, the proposed amendments to Rule 7.37(d) Exchange believes that adjusting its Commission summarily may would promote clarity and transparency calculation of the PBBO based on temporarily suspend such rule change if in the Exchange’s rules regarding receipt and display of a Day ISO for it appears to the Commission that such circumstances when the Exchange may purposes of making execution, routing, action is necessary or appropriate in the adjust its calculation of the PBBO. The and repricing determinations for other public interest, for the protection of Exchange does not believe this proposed orders is also consistent with Regulation investors, or otherwise in furtherance of rule change is novel. Rather, the NMS. The Exchange further notes that the purposes of the Act. If the Exchange believes that other equity the proposed rule text is not novel and Commission takes such action, the exchanges that accept Day ISOs is based on MEMX Rule 13.4(b) and is Commission shall institute proceedings similarly adjust their calculation of the consistent with Nasdaq rules and the under Section 19(b)(2)(B) 18 of the Act to best protected bid and best protected BZX Filing. determine whether the proposed rule offer for purposes of making execution, change should be approved or B. Self-Regulatory Organization’s routing, and repricing determinations disapproved. Statement on Burden on Competition based on the receipt of Day ISOs, as In accordance with Section 6(b)(8) of IV. Solicitation of Comments 12 See Rule 7.31(e)(3)(D)(ii). Currently, the the Act,15 the Exchange believes that the Interested persons are invited to Exchange would display such Day ISO ALO ‘‘2’’ at proposed rule change would not impose submit written data, views, and 10.06 and would adjust its calculation of the same- any burden on competition that is not arguments concerning the foregoing, side PBBO and reprice same-side resting orders to the Day ISO price, but would not adjust its calculation of the contra-side PBBO for purposes of 13 15 U.S.C. 78f(b). 16 15 U.S.C. 78s(b)(3)(A)(iii). routing and execution determinations of new 14 15 U.S.C. 78f(b)(5). 17 17 CFR 240.19b–4(f)(6). orders. 15 15 U.S.C. 78f(b)(8). 18 15 U.S.C. 78s(b)(2)(B).

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including whether the proposed rule SECURITIES AND EXCHANGE Filing Date: The application was filed change is consistent with the Act. COMMISSION on February 19, 2021 and amended on Comments may be submitted by any of April 14, 2021. the following methods: [Investment Company Act Release No. Hearing or Notification of Hearing: An 34245, File No. 812–15203] order granting the requested relief will Electronic Comments be issued unless the Commission orders • Use the Commission’s internet Putnam ETF Trust, et al. a hearing. Interested persons may comment form (http://www.sec.gov/ request a hearing by emailing the rules/sro.shtml); or April 15, 2021. Commission’s Secretary at Secretarys- • Send an email to rule-comments@ AGENCY: Securities and Exchange [email protected] and serving applicants sec.gov. Please include File Number SR– Commission (‘‘Commission’’). with a copy of the request by email. NYSENAT–2021–07 on the subject line. ACTION: Notice. Hearing requests should be received by Paper Comments the Commission by 5:30 p.m. on May 7, Notice of an application for an order • 2021, and should be accompanied by Send paper comments in triplicate under section 6(c) of the Investment proof of service on applicants, in the to Secretary, Securities and Exchange Company Act of 1940 (‘‘Act’’) for an form of an affidavit or, for lawyers, a Commission, 100 F Street NE, exemption from sections 2(a)(32), certificate of service. Pursuant to rule 0– Washington, DC 20549–1090. 5(a)(1), 22(d) and 22(e) of the Act and 5 under the Act, hearing requests should All submissions should refer to File rule 22c–1 under the Act, and under state the nature of the writer’s interest, Number SR–NYSENAT–2021–07. This sections 6(c) and 17(b) of the Act for an any facts bearing upon the desirability file number should be included on the exemption from sections 17(a)(1) and of a hearing on the matter, the reason for subject line if email is used. To help the 17(a)(2) of the Act, and under Section the request, and the issues contested. Commission process and review your 12(d)(1)(J) of the Act for an exemption Persons who wish to be notified of a comments more efficiently, please use from sections 12(d)(1)(A) and hearing may request notification by only one method. The Commission will 12(d)(1)(B) of the Act. emailing the Commission’s Secretary at post all comments on the Commission’s Applicants: Putnam ETF Trust (the [email protected]. internet website (http://www.sec.gov/ ‘‘Trust’’), Putnam Investment ADDRESSES: Secretary, U.S. Securities rules/sro.shtml). Copies of the Management, LLC (the ‘‘Adviser’’), and and Exchange Commission, Secretarys- submission, all subsequent Foreside Fund Services, LLC (the [email protected]. Applicants: Stephanie amendments, all written statements ‘‘Distributor’’). Capistron, Esq., Dechert LLP, with respect to the proposed rule Summary of Application: Applicants [email protected]. change that are filed with the request an order (‘‘Order’’) that permits: FOR FURTHER INFORMATION CONTACT: Jean Commission, and all written (a) The Funds (defined below) to issue E. Minarick, Senior Counsel, at (202) communications relating to the shares (‘‘Shares’’) redeemable in large 551–6811 or Kaitlin C. Bottock, Branch proposed rule change between the aggregations only (‘‘creation units’’); (b) Chief, at (202) 551–6825 (Division of Commission and any person, other than secondary market transactions in Shares Investment Management, Chief those that may be withheld from the to occur at negotiated market prices Counsel’s Office). public in accordance with the rather than at net asset value; (c) certain SUPPLEMENTARY INFORMATION: The provisions of 5 U.S.C. 552, will be Funds to pay redemption proceeds, following is a summary of the available for website viewing and under certain circumstances, more than application. The complete application printing in the Commission’s Public seven days after the tender of Shares for may be obtained via the Commission’s Reference Room, 100 F Street NE, redemption; and (d) certain affiliated website by searching for the file Washington, DC 20549 on official persons of a Fund to deposit securities number, or for an applicant using the business days between the hours of into, and receive securities from, the Company name box, at http:// 10:00 a.m. and 3:00 p.m. Copies of the Fund in connection with the purchase www.sec.gov/search/search.htm or by filing also will be available for and redemption of creation units. The calling (202) 551–8090. inspection and copying at the principal relief in the Order would incorporate by office of the Exchange. All comments reference terms and conditions of the Applicants received will be posted without change. same relief of a previous order granting 1. The Trust is a business trust Persons submitting comments are the same relief sought by applicants, as organized under the laws of Delaware cautioned that we do not redact or edit that order may be amended from time to and will consist of one or more series personal identifying information from time (‘‘Reference Order’’).1 operating as a Fund. The Trust is comment submissions. You should registered as an open-end management submit only information that you wish 1 Fidelity Beach Street Trust, et al., Investment investment company under the Act. to make available publicly. All Company Act Rel. Nos. 33683 (Nov. 14, 2019) Applicants seek relief with respect to (notice) and 33712 (Dec. 10, 2019) (order). submissions should refer to File Funds (as defined below), including the Number SR–NYSENAT–2021–07, and Applicants are not seeking relief under Section 12(d)(1)(J) of the Act for an exemption from initial Funds (the ‘‘Initial Funds’’). The should be submitted on or before May Sections 12(d)(1)(A) and 12(d)(1)(B) of the Act (the Funds will offer exchange-traded shares 11, 2021. ‘‘Section 12(d)(1) Relief’’), and relief under Sections utilizing active management investment For the Commission, by the Division 6(c) and 17(b) of the Act for an exemption from Sections 17(a)(1) and 17(a)(2) of the Act relating to strategies as contemplated by the of Trading and Markets, pursuant to 2 19 the Section 12(d)(1) Relief, except as necessary to Reference Order. delegated authority. allow a Fund’s receipt of Representative ETFs 2. The Adviser, a Delaware limited J. Matthew DeLesDernier, included in its Tracking Basket solely for purposes liability company, will be the of effecting transactions in Creation Units (as these Assistant Secretary. terms are defined in the Reference Order), investment adviser to the Initial Funds. [FR Doc. 2021–08036 Filed 4–19–21; 8:45 am] notwithstanding the limits of Rule 12d1–4(b)(3). Accordingly, to the extent the terms and conditions 2 To facilitate arbitrage, among other things, each BILLING CODE 8011–01–P of the Reference Order relate to such relief, they are day a Fund will publish a basket of securities and not incorporated by reference herein other than cash that, while different from the Fund’s portfolio, 19 17 CFR 200.30–3(a)(12). with respect to such limited exception. is designed to closely track its daily performance.

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Subject to approval by the Trust’s board offers exchange-traded shares utilizing SECURITIES AND EXCHANGE of trustees, an Adviser (as defined active management investment COMMISSION below) will serve as investment adviser strategies as contemplated by the [Release No. 34–91548; File No. SR– to each Fund. The Adviser is, and any Reference Order; and (c) complies with CboeBYX–2021–008] other Adviser will be, registered as an the terms and conditions of the Order investment adviser under the and the terms and conditions of the Self-Regulatory Organizations; Cboe Investment Advisers Act of 1940 Reference Order that are incorporated BYX Exchange, Inc.; Notice of Filing (‘‘Advisers Act’’). An Adviser may enter by reference into the Order (each such and Immediate Effectiveness of a into sub-advisory agreements with other company or series and each Initial Proposed Rule Change To Extend the investment advisers to act as sub- Fund, a ‘‘Fund’’).4 Current Pilot Program Related to BYX advisers with respect to the Funds (each Rule 11.17, Clearly Erroneous 6. Section 6(c) of the Act provides that a ‘‘Sub-Adviser’’). Any Sub-Adviser to a Executions, to the Close of Business the Commission may exempt any Fund will be registered under the on October 20, 2021 Advisers Act. person, security or transaction, or any 3. The Distributor is a Delaware class of persons, securities or April 14, 2021. limited liability company and a broker- transactions, from any provisions of the Pursuant to Section 19(b)(1) of the dealer registered under the Securities Act, if and to the extent that such Securities Exchange Act of 1934 Exchange Act of 1934, as amended, and exemption is necessary or appropriate (‘‘Act’’),1 and Rule 19b–4 thereunder,2 will act as the principal underwriter of in the public interest and consistent notice is hereby given that on April 5, Shares of the Funds. Applicants request with the protection of investors and the 2021, Cboe BYX Exchange, Inc. that the requested relief apply to any purposes fairly intended by the policy (‘‘Exchange’’ or ‘‘BYX’’) filed with the distributor of Shares, whether affiliated and provisions of the Act. Section 17(b) Securities and Exchange Commission or unaffiliated with the Adviser and/or of the Act authorizes the Commission to (‘‘Commission’’) the proposed rule Sub-Adviser (included in the term exempt a proposed transaction from change as described in Items I and II ‘‘Distributor’’). Any Distributor will section 17(a) of the Act if evidence below, which Items have been prepared comply with the terms and conditions establishes that the terms of the by the Exchange. The Exchange filed the of the Order. transaction, including the consideration proposal as a ‘‘non-controversial’’ to be paid or received, are reasonable proposed rule change pursuant to Applicants’ Requested Exemptive Relief Section 19(b)(3)(A)(iii) of the Act 3 and and fair and do not involve 4. Applicants seek the requested Rule 19b–4(f)(6) thereunder.4 The overreaching on the part of any person Order under section 6(c) of the Act for Commission is publishing this notice to concerned, and the transaction is an exemption from sections 2(a)(32), solicit comments on the proposed rule 5(a)(1), 22(d) and 22(e) of the Act and consistent with the policies of the change from interested persons. rule 22c–1 under the Act, under registered investment company and the I. Self-Regulatory Organization’s sections 6(c) and 17(b) of the Act for an general purposes of the Act. Section Statement of the Terms of Substance of exemption from sections 17(a)(1) and 12(d)(1)(J) of the Act provides that the the Proposed Rule Change 17(a)(2) of the Act and under Section Commission may exempt any person, 12(d)(1)(J) of the Act for an exemption security, or transaction, or any class or Cboe BYX Exchange, Inc. (‘‘BYX’’ or from Sections 12(d)(1)(A) and classes of persons, securities or the ‘‘Exchange’’) is filing with the 12(d)(1)(B) of the Act. The requested transactions, from any provision of Securities and Exchange Commission Order would permit applicants to offer section 12(d)(1) if the exemption is (the ‘‘Commission’’) a proposed rule Funds that operate as contemplated by consistent with the public interest and change to extend the current pilot the Reference Order. Because the relief the protection of investors. Applicants program related to BYX Rule 11.17, requested is the same as certain of the submit that for the reasons stated in the Clearly Erroneous Executions, to the relief granted by the Commission under Reference Order the requested relief close of business on October 20, 2021. the Reference Order and because the meets the exemptive standards under The text of the proposed rule change is Adviser has entered into a licensing sections 6(c), 17(b) and 12(d)(1)(J) of the provided in Exhibit 5. agreement with Fidelity Management & Act. The text of the proposed rule change Research Company, or an affiliate is also available on the Exchange’s thereof, in order to offer Funds that For the Commission, by the Division of website (http://markets.cboe.com/us/ operate as contemplated by the Investment Management, pursuant to equities/regulation/rule_filings/byx/), at delegated authority. Reference Order,3 the Order would the Exchange’s Office of the Secretary, incorporate by reference the terms and J. Matthew DeLesDernier, and at the Commission’s Public conditions of the same relief of the Assistant Secretary. Reference Room. Reference Order. [FR Doc. 2021–08120 Filed 4–19–21; 8:45 am] II. Self-Regulatory Organization’s 5. Applicants request that the Order BILLING CODE 8011–01–P Statement of the Purpose of, and apply to the Initial Funds and to any Statutory Basis for, the Proposed Rule other existing or future registered open- Change end management investment company or series thereof that: (a) Is advised by In its filing with the Commission, the the Adviser or any entity controlling, Exchange included statements controlled by, or under common control concerning the purpose of and basis for with the Adviser (any such entity the proposed rule change and discussed included in the term ‘‘Adviser’’); (b) 4 All entities that currently intend to rely on the any comments it received on the Order are named as applicants. Any other entity 1 3 Certain aspects of how the Funds will operate that relies on the Order in the future will comply 15 U.S.C. 78s(b)(1). (as described in the Reference Order) are the with the terms and conditions of the Order and the 2 17 CFR 240.19b–4. intellectual property of Fidelity Management & terms and conditions of the Reference Order that 3 15 U.S.C. 78s(b)(3)(A)(iii). Research Company (or its affiliates). are incorporated by reference into the Order. 4 17 CFR 240.19b–4(f)(6).

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proposed rule change. The text of these ended according to the primary listing substance of which are identical to BYX statements may be examined at the market.8 Rule 11.17.16 places specified in Item IV below. The On December 26, 2018, the The Exchange does not propose any Exchange has prepared summaries, set Commission published the proposed additional changes to BYX Rule 11.17. forth in sections A, B, and C below, of Eighteenth Amendment 9 to the Plan to The Exchange believes the benefits to the most significant aspects of such Address Extraordinary Market Volatility market participants from the more statements. Pursuant to Rule 608 of Regulation NMS objective clearly erroneous executions under the Act (the ‘‘Limit Up-Limit rule should continue on a limited six A. Self-Regulatory Organization’s Down Plan’’ or the ‘‘Plan’’) 10 to allow month pilot basis. As the Plan was Statement of the Purpose of, and the Plan to operate on a permanent, approved by the Commission to operate Statutory Basis for, the Proposed Rule rather than pilot, basis. On April 8, on a permanent, rather than pilot, basis Change 2019, the Exchange amended BYX Rule the Exchange intends to assess whether additional changes should also be made 1. Purpose 11.17 to untie the pilot program’s effectiveness from that of the Plan and to the operation of the clearly erroneous The purpose of this filing is to extend to extend the pilot’s effectiveness to the execution rules. Extending the the effectiveness of the Exchange’s close of business on October 18, 2019 in effectiveness of BYX Rule 11.17 for an current rule applicable to Clearly order allow the Exchange and other additional six months should provide Erroneous Executions to the close of national securities exchanges additional the Exchange and other national securities exchanges additional time to business on October 20, 2021. Portions time to consider further amendments, if consider further amendments, if any, to of Rule 11.17, explained in further any, to the clearly erroneous execution the clearly erroneous execution rules. detail below, are currently operating as rules in light of the proposed Eighteenth a pilot program set to expire on April Amendment to the Plan.11 On April 17, 2. Statutory Basis 5 2019, the Commission published an 20, 2021. The Exchange believes the proposed approval of the Eighteenth Amendment rule change is consistent with the On September 10, 2010, the to allow the Plan to operate on a Securities Exchange Act of 1934 (the Commission approved, on a pilot basis, permanent, rather than pilot, basis.12 On ‘‘Act’’) and the rules and regulations changes to BYX Rule 11.17 that, among October 21, 2019, the Exchange thereunder applicable to the Exchange other things: (i) Provided for uniform amended BYX Rule 11.17 to extend the and, in particular, the requirements of treatment of clearly erroneous execution pilot’s effectiveness to the close of Section 6(b) of the Act.17 Specifically, reviews in multi-stock events involving business on April 20, 2020.13 On March the Exchange believes the proposed rule twenty or more securities; and (ii) 18, 2020, the Exchange amended BYX change is consistent with the Section reduced the ability of the Exchange to Rule 11.17 to extend the pilot’s 6(b)(5) 18 requirements that the rules of deviate from the objective standards set effectiveness to the close of business on an exchange be designed to prevent forth in the rule.6 In 2013, the Exchange October 20, 2020.14 Finally, on October fraudulent and manipulative acts and adopted a provision designed to address 20, 2020, the Exchange amended BYX practices, to promote just and equitable the operation of the Plan.7 Finally, in Rule 11.17 to extend the pilot’s principles of trade, to foster cooperation effectiveness to the close of business on 2014, the Exchange adopted two and coordination with persons engaged April 20, 2021.15 additional provisions providing that: (i) in regulating, clearing, settling, A series of transactions in a particular The Exchange now proposes to amend processing information with respect to, security on one or more trading days BYX Rule 11.17 to extend the pilot’s and facilitating transactions in may be viewed as one event if all such effectiveness to the close of business on securities, to remove impediments to transactions were effected based on the October 20, 2021. The Exchange and perfect the mechanism of a free and same fundamentally incorrect or grossly understands that the other national open market and a national market misinterpreted issuance information securities exchanges and Financial system, and, in general, to protect resulting in a severe valuation error for Industry Regulatory Authority investors and the public interest. all such transactions; and (ii) in the (‘‘FINRA’’) have filed similar proposals Additionally, the Exchange believes the event of any disruption or malfunction to extend their respective clearly proposed rule change is consistent with in the operation of the electronic erroneous execution pilot programs, the the Section 6(b)(5) 19 requirement that communications and trading facilities of the rules of an exchange not be designed an Exchange, another SRO, or 8 See Securities Exchange Act Release No. 71796 to permit unfair discrimination between responsible single plan processor in (March 25, 2014), 79 FR 18099 (March 31, 2014) customers, issuers, brokers, or dealers. (SR–BYX–2014–003). In particular, the Exchange believes connection with the transmittal or 9 See Securities Exchange Act Release No. 84843 receipt of a trading halt, an Officer, (December 18, 2018), 83 FR 66464 (December 26, that extending the clearly erroneous acting on his or her own motion, shall 2018) (File No. 4–631) (‘‘Eighteenth Amendment’’). execution pilot under BYX Rule 11.17 10 nullify any transaction that occurs after See Securities Exchange Act Release No. 67091 for an additional six months would help (May 31, 2012), 77 FR 33498 (June 6, 2012) (the a trading halt has been declared by the assure that the determination of whether ‘‘Limit Up-Limit Down Release’’). a clearly erroneous trade has occurred primary listing market for a security and 11 See Securities Exchange Act Release No. 85542 will be based on clear and objective before such trading halt has officially (Apr. 8, 2019), 84 FR 15009 (Apr. 12, 2019) (SR– CboeBYX–2019–003). criteria, and that the resolution of the 12 See Securities Exchange Act Release No. 85623 incident will occur promptly through a 5 See Securities Exchange Act Release No. 90230 (Apr. 11, 2019), 84 FR 16086 (Apr. 17, 2019) (File (October 20, 2020), 85 FR 67802 (Oct. 26, 2020) transparent process. The proposed rule No. 4–631). change would also help assure (SR–CboeBYX–2020–030). 13 See Securities Exchange Act Release No. 87364 6 See Securities Exchange Act Release No. 63097 (Oct. 21, 2019), 84 FR 57528 (Oct. 25, 2019) (SR– (Oct. 13, 2010), 75 FR 64767 (Oct. 20, 2010) (SR– CboeBYX–2019–018). 16 See SR–FINRA–2021–004 (Filed March 15, BYX–2010–002). 14 See Securities Exchange Act Release No. 88496 2021). 7 See Securities Exchange Act Release No. 68798 (March 27, 2020), 85 FR 18600 (April 2, 2020) (SR– 17 15 U.S.C. 78f(b). (Jan. 31, 2013), 78 FR 8628 (Feb. 6, 2013) (SR–BYX– CboeBYX–2020–010). 18 15 U.S.C. 78f(b)(5). 2013–005). 15 See supra note 5. 19 Id.

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consistent results in handling erroneous if such action is consistent with the comments more efficiently, please use trades across the U.S. equities markets, protection of investors and the public only one method. The Commission will thus furthering fair and orderly markets, interest. The Exchange has asked the post all comments on the Commission’s the protection of investors and the Commission to waive the 30-day internet website (http://www.sec.gov/ public interest. Based on the foregoing, operative delay so that the proposed rules/sro.shtml). Copies of the the Exchange believes the amended rule change may become operative submission, all subsequent clearly erroneous executions rule immediately upon filing. The amendments, all written statements should continue to be in effect on a pilot Commission believes that waiving the with respect to the proposed rule basis while the Exchange and the other 30-day operative delay is consistent change that are filed with the national securities exchanges consider with the protection of investors and the Commission, and all written and develop a permanent proposal for public interest, as it will allow the communications relating to the clearly erroneous execution reviews. current clearly erroneous execution proposed rule change between the pilot program to continue Commission and any person, other than B. Self-Regulatory Organization’s uninterrupted, without any changes, those that may be withheld from the Statement on Burden on Competition while the Exchange and the other public in accordance with the The Exchange does not believe that national securities exchanges consider a provisions of 5 U.S.C. 552, will be the proposed rule change would impose permanent proposal for clearly available for website viewing and any burden on competition that is not erroneous execution reviews. For this printing in the Commission’s Public necessary or appropriate in furtherance reason, the Commission hereby waives Reference Room, 100 F Street NE, of the purposes of the Act. To the the 30-day operative delay and Washington, DC 20549, on official contrary, the Exchange understands that designates the proposed rule change as business days between the hours of FINRA and other national securities operative upon filing.25 10:00 a.m. and 3:00 p.m. Copies of the exchanges have or will also file similar At any time within 60 days of the filing also will be available for proposals to extend their respective filing of the proposed rule change, the inspection and copying at the principal clearly erroneous execution pilot Commission summarily may office of the Exchange. All comments programs.20 Thus, the proposed rule temporarily suspend such rule change if received will be posted without change. change will help to ensure consistency it appears to the Commission that such Persons submitting comments are across market centers without action is necessary or appropriate in the cautioned that we do not redact or edit implicating any competitive issues. public interest, for the protection of personal identifying information from investors, or otherwise in furtherance of comment submissions. You should C. Self-Regulatory Organization’s the purposes of the Act. If the submit only information that you wish Statement on Comments on the Commission takes such action, the to make available publicly. All Proposed Rule Change Received From Commission shall institute proceedings submissions should refer to File Members, Participants, or Others to determine whether the proposed rule Number SR–CboeBYX–2021–008 and No comments were solicited or change should be approved or should be submitted on or before May received on the proposed rule change. disapproved. 11, 2021. III. Date of Effectiveness of the IV. Solicitation of Comments For the Commission, by the Division of Proposed Rule Change and Timing for Trading and Markets, pursuant to delegated Interested persons are invited to 26 Commission Action authority. submit written data, views, and J. Matthew DeLesDernier, Because the foregoing proposed rule arguments concerning the foregoing, Assistant Secretary. change does not: (i) Significantly affect including whether the proposed rule the protection of investors or the public change is consistent with the Act. [FR Doc. 2021–08048 Filed 4–19–21; 8:45 am] interest; (ii) impose any significant Comments may be submitted by any of BILLING CODE 8011–01–P burden on competition; and (iii) become the following methods: operative for 30 days from the date on SECURITIES AND EXCHANGE which it was filed, or such shorter time Electronic Comments COMMISSION as the Commission may designate, it has • Use the Commission’s internet become effective pursuant to Section comment form (http://www.sec.gov/ [Release No. 34–91558; File No. SR– 19(b)(3)(A) of the Act 21 and Rule 19b– rules/sro.shtml); or CboeBZX–2021–027] 4(f)(6) thereunder.22 • Send an email to rule-comments@ A proposed rule change filed under sec.gov. Please include File Number SR– Self-Regulatory Organizations; Cboe Rule 19b–4(f)(6) 23 normally does not CboeBYX–2021–008 on the subject line. BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a become operative prior to 30 days after Paper Comments the date of the filing. However, Rule Proposed Rule Change To Extend the • 19b–4(f)(6)(iii) 24 permits the Send paper comments in triplicate Current Pilot Program Related to BZX Commission to designate a shorter time to Secretary, Securities and Exchange Rule 11.17, Clearly Erroneous Commission, 100 F Street NE, Executions, to the Close of Business 20 See supra note 16. Washington, DC 20549–1090. on October 20, 2021 21 15 U.S.C. 78s(b)(3)(A). All submissions should refer to File April 14, 2021. 22 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Number SR–CboeBYX–2021–008. This Pursuant to Section 19(b)(1) of the 4(f)(6)(iii) requires a self-regulatory organization to file number should be included on the give the Commission written notice of its intent to Securities Exchange Act of 1934 file the proposed rule change, along with a brief subject line if email is used. To help the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 description and text of the proposed rule change, Commission process and review your notice is hereby given that on April 5, at least five business days prior to the date of filing 2021, Cboe BZX Exchange, Inc. of the proposed rule change, or such shorter time 25 For purposes only of waiving the 30-day as designated by the Commission. The Exchange operative delay, the Commission has also has satisfied this requirement. considered the proposed rule’s impact on 26 17 CFR 200.30–3(a)(12). 23 17 CFR 240.19b–4(f)(6). efficiency, competition, and capital formation. See 1 15 U.S.C. 78s(b)(1). 24 17 CFR 240.19b–4(f)(6)(iii). 15 U.S.C. 78c(f). 2 17 CFR 240.19b–4.

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(‘‘Exchange’’ or ‘‘BZX’’) filed with the a pilot program set to expire on April national securities exchanges additional Securities and Exchange Commission 20, 2021.5 time to consider further amendments, if (‘‘Commission’’) the proposed rule On September 10, 2010, the any, to the clearly erroneous execution change as described in Items I and II Commission approved, on a pilot basis, rules in light of the proposed Eighteenth below, which Items have been prepared changes to BZX Rule 11.17 that, among Amendment to the Plan.11 On April 17, by the Exchange. The Exchange filed the other things: (i) Provided for uniform 2019, the Commission published an proposal as a ‘‘non-controversial’’ treatment of clearly erroneous execution approval of the Eighteenth Amendment proposed rule change pursuant to reviews in multi-stock events involving to allow the Plan to operate on a 3 twenty or more securities; and (ii) Section 19(b)(3)(A)(iii) of the Act and permanent, rather than pilot, basis.12 On 4 reduced the ability of the Exchange to Rule 19b–4(f)(6) thereunder. The October 21, 2019, the Exchange deviate from the objective standards set Commission is publishing this notice to amended BZX Rule 11.17 to extend the solicit comments on the proposed rule forth in the rule.6 In 2013, the Exchange adopted a provision designed to address pilot’s effectiveness to the close of change from interested persons. 13 the operation of the Plan.7 Finally, in business on April 20, 2020. On March I. Self-Regulatory Organization’s 2014, the Exchange adopted two 18, 2020, the Exchange amended BZX Statement of the Terms of Substance of additional provisions providing that: (i) Rule 11.17 to extend the pilot’s the Proposed Rule Change A series of transactions in a particular effectiveness to the close of business on October 20, 2020.14 Finally, on October Cboe BZX Exchange, Inc. (‘‘BZX’’ or security on one or more trading days 20, 2020, the Exchange amended BZX the ‘‘Exchange’’) is filing with the may be viewed as one event if all such Securities and Exchange Commission transactions were effected based on the Rule 11.17 to extend the pilot’s (the ‘‘Commission’’) a proposed rule same fundamentally incorrect or grossly effectiveness to the close of business on 15 change to extend the current pilot misinterpreted issuance information April 20, 2021. program related to BZX Rule 11.17, resulting in a severe valuation error for The Exchange now proposes to amend all such transactions; and (ii) in the Clearly Erroneous Executions, to the BZX Rule 11.17 to extend the pilot’s event of any disruption or malfunction close of business on October, 2021. The effectiveness to the close of business on in the operation of the electronic text of the proposed rule change is communications and trading facilities of October 20, 2021. The Exchange provided in Exhibit 5. an Exchange, another SRO, or understands that the other national The text of the proposed rule change responsible single plan processor in securities exchanges and Financial is also available on the Exchange’s connection with the transmittal or Industry Regulatory Authority website (http://markets.cboe.com/us/ receipt of a trading halt, an Officer, (‘‘FINRA’’) have filed similar proposals equities/regulation/rule_filings/bzx/), at acting on his or her own motion, shall to extend their respective clearly the Exchange’s Office of the Secretary, nullify any transaction that occurs after erroneous execution pilot programs, the and at the Commission’s Public a trading halt has been declared by the substance of which are identical to BZX Reference Room. primary listing market for a security and Rule 11.17.16 II. Self-Regulatory Organization’s before such trading halt has officially The Exchange does not propose any Statement of the Purpose of, and ended according to the primary listing additional changes to BZX Rule 11.17. 8 Statutory Basis for, the Proposed Rule market. The Exchange believes the benefits to On December 26, 2018, the Change market participants from the more Commission published the proposed objective clearly erroneous executions In its filing with the Commission, the Eighteenth Amendment 9 to the Plan to rule should continue on a limited six Exchange included statements Address Extraordinary Market Volatility month pilot basis. As the Plan was concerning the purpose of and basis for Pursuant to Rule 608 of Regulation NMS approved by the Commission to operate the proposed rule change and discussed under the Act (the ‘‘Limit Up-Limit on a permanent, rather than pilot, basis any comments it received on the Down Plan’’ or the ‘‘Plan’’) 10 to allow proposed rule change. The text of these the Plan to operate on a permanent, the Exchange intends to assess whether statements may be examined at the rather than pilot, basis. On April 8, additional changes should also be made places specified in Item IV below. The 2019, the Exchange amended BZX Rule to the operation of the clearly erroneous Exchange has prepared summaries, set 11.17 to untie the pilot program’s execution rules. Extending the forth in sections A, B, and C below, of effectiveness from that of the Plan and effectiveness of BZX Rule 11.17 for an the most significant aspects of such to extend the pilot’s effectiveness to the additional six months should provide statements. close of business on October 18, 2019 in the Exchange and other national order allow the Exchange and other securities exchanges additional time to A. Self-Regulatory Organization’s consider further amendments, if any, to Statement of the Purpose of, and 5 See Securities Exchange Act Release No. 90231 the clearly erroneous execution rules. Statutory Basis for, the Proposed Rule (October 20, 2020), 85 FR 67789 (October 26, 2020) (SR–CboeBZX–2020–077). Change 11 6 See Securities Exchange Act Release No. 62886 See Securities Exchange Act Release No. 85543 1. Purpose (September 10, 2010), 75 FR 56613 (September 16, (April 8, 2019), 84 FR 15018 (April 12, 2019) (SR– 2010) (SR–BATS–2010–016). CboeBZX–2019–022). The purpose of this filing is to extend 7 See Securities Exchange Act Release No. 68797 12 See Securities Exchange Act Release No. 85623 the effectiveness of the Exchange’s (January 31, 2013), 78 FR 8635 (February 6, 2013) (April 11, 2019), 84 FR 16086 (April 17, 2019) (File (SR–BATS–2013–008). No. 4–631). current rule applicable to Clearly 13 8 See Securities Exchange Act Release No. 72434 See Securities Exchange Act Release No. 87365 Erroneous Executions to the close of (June 19, 2014), 79 FR 36110 (June 25, 2014) (SR– (October 21, 2019), 84 FR 57540 (October 25, 2019) business on October 20, 2021. Portions BATS–2014–014). (SR–CboeBZX–2019–089). of Rule 11.17, explained in further 9 See Securities Exchange Act Release No. 84843 14 See Securities Exchange Act Release No. 88497 detail below, are currently operating as (December 18, 2018), 83 FR 66464 (December 26, (March 27, 2020), 85 FR 18602 (April 2, 2020) (SR– 2018) (File No. 4–631) (‘‘Eighteenth Amendment’’). CboeBZX–2020–026). 10 See Securities Exchange Act Release No. 67091 15 See supra note 5. 3 15 U.S.C. 78s(b)(3)(A)(iii). (May 31, 2012), 77 FR 33498 (June 6, 2012) (the 16 See SR–FINRA–2021–004 (Filed March 15, 4 17 CFR 240.19b–4(f)(6). ‘‘Limit Up-Limit Down Release’’). 2021).

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2. Statutory Basis clearly erroneous execution pilot At any time within 60 days of the 20 The Exchange believes the proposed programs. Thus, the proposed rule filing of the proposed rule change, the rule change is consistent with the change will help to ensure consistency Commission summarily may Securities Exchange Act of 1934 (the across market centers without temporarily suspend such rule change if ‘‘Act’’) and the rules and regulations implicating any competitive issues. it appears to the Commission that such action is necessary or appropriate in the thereunder applicable to the Exchange C. Self-Regulatory Organization’s public interest, for the protection of and, in particular, the requirements of Statement on Comments on the 17 investors, or otherwise in furtherance of Section 6(b) of the Act. Specifically, Proposed Rule Change Received From the purposes of the Act. If the the Exchange believes the proposed rule Members, Participants, or Others change is consistent with the Section Commission takes such action, the 6(b)(5) 18 requirements that the rules of No comments were solicited or Commission shall institute proceedings an exchange be designed to prevent received on the proposed rule change. to determine whether the proposed rule fraudulent and manipulative acts and III. Date of Effectiveness of the change should be approved or practices, to promote just and equitable Proposed Rule Change and Timing for disapproved. principles of trade, to foster cooperation Commission Action IV. Solicitation of Comments and coordination with persons engaged Because the foregoing proposed rule in regulating, clearing, settling, Interested persons are invited to change does not: (i) Significantly affect processing information with respect to, submit written data, views, and the protection of investors or the public and facilitating transactions in arguments concerning the foregoing, interest; (ii) impose any significant securities, to remove impediments to including whether the proposed rule burden on competition; and (iii) become and perfect the mechanism of a free and change is consistent with the Act. operative for 30 days from the date on open market and a national market Comments may be submitted by any of which it was filed, or such shorter time system, and, in general, to protect the following methods: as the Commission may designate, it has investors and the public interest. Electronic Comments Additionally, the Exchange believes the become effective pursuant to Section 19(b)(3)(A) of the Act 21 and Rule 19b– • Use the Commission’s internet proposed rule change is consistent with 22 the Section 6(b)(5) 19 requirement that 4(f)(6) thereunder. comment form (http://www.sec.gov/ A proposed rule change filed under the rules of an exchange not be designed rules/sro.shtml); or Rule 19b–4(f)(6) 23 normally does not • to permit unfair discrimination between Send an email to rule-comments@ customers, issuers, brokers, or dealers. become operative prior to 30 days after sec.gov. Please include File Number SR– In particular, the Exchange believes the date of the filing. However, Rule CboeBZX–2021–027 on the subject line. 19b–4(f)(6)(iii) 24 permits the that extending the clearly erroneous Paper Comments Commission to designate a shorter time execution pilot under BZX Rule 11.17 • for an additional six months would help if such action is consistent with the Send paper comments in triplicate assure that the determination of whether protection of investors and the public to Secretary, Securities and Exchange a clearly erroneous trade has occurred interest. The Exchange has asked the Commission, 100 F Street NE, will be based on clear and objective Commission to waive the 30-day Washington, DC 20549–1090. criteria, and that the resolution of the operative delay so that the proposed All submissions should refer to File incident will occur promptly through a rule change may become operative Number SR–CboeBZX–2021–027. This transparent process. The proposed rule immediately upon filing. The file number should be included on the change would also help assure Commission believes that waiving the subject line if email is used. To help the consistent results in handling erroneous 30-day operative delay is consistent Commission process and review your trades across the U.S. equities markets, with the protection of investors and the comments more efficiently, please use thus furthering fair and orderly markets, public interest, as it will allow the only one method. The Commission will the protection of investors and the current clearly erroneous execution post all comments on the Commission’s public interest. Based on the foregoing, pilot program to continue internet website (http://www.sec.gov/ the Exchange believes the amended uninterrupted, without any changes, rules/sro.shtml). Copies of the clearly erroneous executions rule while the Exchange and the other submission, all subsequent should continue to be in effect on a pilot national securities exchanges consider a amendments, all written statements basis while the Exchange and the other permanent proposal for clearly with respect to the proposed rule national securities exchanges consider erroneous execution reviews. For this change that are filed with the and develop a permanent proposal for reason, the Commission hereby waives Commission, and all written clearly erroneous execution reviews. the 30-day operative delay and communications relating to the designates the proposed rule change as proposed rule change between the B. Self-Regulatory Organization’s operative upon filing.25 Commission and any person, other than Statement on Burden on Competition those that may be withheld from the The Exchange does not believe that 20 See supra note 16. public in accordance with the the proposed rule change would impose 21 15 U.S.C. 78s(b)(3)(A). provisions of 5 U.S.C. 552, will be any burden on competition that is not 22 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– available for website viewing and 4(f)(6)(iii) requires a self-regulatory organization to necessary or appropriate in furtherance give the Commission written notice of its intent to printing in the Commission’s Public of the purposes of the Act. To the file the proposed rule change, along with a brief Reference Room, 100 F Street NE, contrary, the Exchange understands that description and text of the proposed rule change, Washington, DC 20549, on official FINRA and other national securities at least five business days prior to the date of filing business days between the hours of exchanges have or will also file similar of the proposed rule change, or such shorter time as designated by the Commission. The Exchange 10:00 a.m. and 3:00 p.m. Copies of the proposals to extend their respective has satisfied this requirement. filing also will be available for 23 17 CFR 240.19b–4(f)(6). 17 15 U.S.C. 78f(b). 24 17 CFR 240.19b–4(f)(6)(iii). considered the proposed rule’s impact on 18 15 U.S.C. 78f(b)(5). 25 For purposes only of waiving the 30-day efficiency, competition, and capital formation. See 19 Id. operative delay, the Commission has also 15 U.S.C. 78c(f).

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inspection and copying at the principal II. Self-Regulatory Organization’s before such trading halt has officially office of the Exchange. All comments Statement of the Purpose of, and ended according to the primary listing received will be posted without change. Statutory Basis for, the Proposed Rule market.6 Persons submitting comments are Change These changes were originally cautioned that we do not redact or edit In its filing with the Commission, the scheduled to operate for a pilot period personal identifying information from self-regulatory organization included to coincide with the pilot period for the comment submissions. You should statements concerning the purpose of, Plan to Address Extraordinary Market submit only information that you wish and basis for, the proposed rule change Volatility (the ‘‘Limit Up-Limit Down 7 to make available publicly. All and discussed any comments it received Plan’’ or ‘‘LULD Plan’’), including any submissions should refer to File on the proposed rule change. The text extensions to the pilot period for the 8 Number SR–CboeBZX–2021–027 and of those statements may be examined at LULD Plan. In April 2019, the should be submitted on or before May the places specified in Item IV below. Commission approved an amendment to 11, 2021. The Exchange has prepared summaries, the LULD Plan for it to operate on a 9 For the Commission, by the Division of set forth in sections A, B, and C below, permanent, rather than pilot, basis. In Trading and Markets, pursuant to delegated of the most significant parts of such light of that change, the Exchange authority.26 statements. amended Rule 7.10E to untie the pilot’s effectiveness from that of the LULD Plan J. Matthew DeLesDernier, A. Self-Regulatory Organization’s Assistant Secretary. and to extend the pilot’s effectiveness to Statement of the Purpose of, and the close of business on October 18, [FR Doc. 2021–08046 Filed 4–19–21; 8:45 am] Statutory Basis for, the Proposed Rule 2019.10 The Exchange later amended BILLING CODE 8011–01–P Change Rule 7.10E to extend the pilot’s 1. Purpose effectiveness to the close of business on 11 12 SECURITIES AND EXCHANGE April 20, 2020, October 20, 2020, The purpose of the proposed rule 13 COMMISSION and subsequently, April 20, 2021. change is to extend the current pilot The Exchange now proposes to amend program related to Rule 7.10E (Clearly Rule 7.10E to extend the pilot’s Erroneous Executions) to the close of [Release No. 34–91552; File No. SR– effectiveness for a further six months business on October 20, 2021. The pilot NYSEAMER–2021–19] until the close of business on October program is currently due to expire on 20, 2021. If the pilot period is not either Self-Regulatory Organizations; NYSE April 20, 2021. American LLC; Notice of Filing and On September 10, 2010, the extended, replaced or approved as Immediate Effectiveness of Proposed Commission approved, on a pilot basis, permanent, the prior versions of Rule Change To Extend the Current changes to Rule 7.10E that, among other paragraphs (c), (e)(2), (f), and (g) shall be Pilot Program Related to Rule 7.10E things: (i) Provided for uniform in effect, and the provisions of paragraphs (i) through (k) shall be null treatment of clearly erroneous execution 14 April 14, 2021. reviews in multi-stock events involving and void. In such an event, the Pursuant to Section 19(b)(1) 1 of the twenty or more securities; and (ii) remaining sections of Rule 7.10E would Securities Exchange Act of 1934 (the reduced the ability of the Exchange to continue to apply to all transactions ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 deviate from the objective standards set executed on the Exchange. The notice is hereby given that on April 2, forth in the rule.4 In 2013, the Exchange Exchange understands that the other 2021, NYSE American LLC (‘‘NYSE adopted a provision designed to address national securities exchanges and American’’ or the ‘‘Exchange’’) filed the operation of the Plan.5 Finally, in Financial Industry Regulatory Authority with the Securities and Exchange 2014, the Exchange adopted two (‘‘FINRA’’) will also file similar Commission (‘‘Commission’’) the additional provisions providing that: (i) proposals to extend their respective proposed rule change as described in A series of transactions in a particular clearly erroneous execution pilot Items I and II below, which Items have security on one or more trading days may be viewed as one event if all such 6 See Securities Exchange Act Release No. 72434 been prepared by the self-regulatory (June 19, 2014), 79 FR 36110 (June 25, 2014) (SR– organization. The Commission is transactions were effected based on the NYSEMKT–2014–37). publishing this notice to solicit same fundamentally incorrect or grossly 7 See Securities Exchange Act Release No. 67091 comments on the proposed rule change misinterpreted issuance information (May 31, 2012), 77 FR 33498 (June 6, 2012) (the from interested persons. resulting in a severe valuation error for ‘‘Limit Up-Limit Down Release’’). all such transactions; and (ii) in the 8 See Securities Exchange Act Release No. 71820 (March 27, 2014), 79 FR 18595 (April 2, 2014) (SR– I. Self-Regulatory Organization’s event of any disruption or malfunction Statement of the Terms of Substance of NYSEMKT–2014–28). in the operation of the electronic 9 the Proposed Rule Change See Securities Exchange Act Release No. 85623 communications and trading facilities of (April 11, 2019), 84 FR 16086 (April 17, 2019) (approving Eighteenth Amendment to LULD Plan). The Exchange proposes to extend the an Exchange, another SRO, or responsible single plan processor in 10 See Securities Exchange Act Release No. 85563 current pilot program related to Rule (April 9, 2019), 84 FR 15241 (April 15, 2019) (SR– 7.10E (Clearly Erroneous Executions) to connection with the transmittal or NYSEAMER–2019–11). the close of business on October 20, receipt of a trading halt, an Officer, 11 See Securities Exchange Act Release No. 87354 2021. The proposed rule change is acting on his or her own motion, shall (October 18, 2019), 84 FR 57139 (October 24, 2019) (SR–NYSEAMER–2019–44). available on the Exchange’s website at nullify any transaction that occurs after a trading halt has been declared by the 12 See Securities Exchange Act Release No. 88589 www.nyse.com, at the principal office of (April 8, 2020), 85 FR 20769 (April 14, 2020) (SR– the Exchange, and at the Commission’s primary listing market for a security and NYSEAMER–2020–22). Public Reference Room. 13 See Securities Exchange Act Release No. 90154 4 See Securities Exchange Act Release No. 62886 (October 13, 2020), 85 FR 66376 (October 19, 2020) (Sept. 10, 2010), 75 FR 56613 (Sept. 16, 2010) (SR– (SR–NYSEAMER–2020–73). 26 17 CFR 200.30–3(a)(12). NYSEAmer–2010–60). 14 See supra notes 4–6. The prior versions of 1 15 U.S.C. 78s(b)(1). 5 See Securities Exchange Act Release No. 68801 paragraphs (c), (e)(2), (f), and (g) generally provided 2 15 U.S.C. 78a. (Feb. 1, 2013), 78 FR 8630 (Feb. 6, 2013) (SR– greater discretion to the Exchange with respect to 3 17 CFR 240.19b–4. NYSEMKT–2013–11). breaking erroneous trades.

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programs, the substance of which are the U.S. equities markets while the permanent proposal for clearly identical to Rule 7.10E. Exchange and other self-regulatory erroneous execution reviews. For this The Exchange does not propose any organizations consider whether further reason, the Commission hereby waives additional changes to Rule 7.10E. amendments to these rules are the 30-day operative delay and Extending the effectiveness of Rule appropriate. The Exchange understands designates the proposed rule change as 7.10E for an additional six months will that the other national securities operative upon filing.21 provide the Exchange and other self- exchanges and FINRA will also file At any time within 60 days of the regulatory organizations additional time similar proposals to extend their filing of the proposed rule change, the to consider whether further respective clearly erroneous execution Commission summarily may amendments to the clearly erroneous pilot programs. Thus, the proposed rule temporarily suspend such rule change if execution rules are appropriate. change will help to ensure consistency it appears to the Commission that such action is necessary or appropriate in the 2. Statutory Basis across market centers without implicating any competitive issues. public interest, for the protection of The Exchange believes the proposed investors, or otherwise in furtherance of rule change is consistent with the C. Self-Regulatory Organization’s the purposes of the Act. If the requirements of Section 6(b) of the Statement on Comments on the Commission takes such action, the Act,15 in general, and Section 6(b)(5) of Proposed Rule Change Received From Commission shall institute proceedings the Act,16 in particular, in that it is Members, Participants, or Others to determine whether the proposed rule designed to remove impediments to and No written comments were solicited change should be approved or perfect the mechanism of a free and or received with respect to the proposed disapproved. open market and a national market rule change. system, to promote just and equitable IV. Solicitation of Comments principles of trade, and, in general, to III. Date of Effectiveness of the Interested persons are invited to Proposed Rule Change and Timing for protect investors and the public interest submit written data, views, and Commission Action and not to permit unfair discrimination arguments concerning the foregoing, between customers, issuers, brokers, or Because the foregoing proposed rule including whether the proposed rule dealers. The Exchange believes that the change does not: (i) Significantly affect change is consistent with the Act. proposed rule change promotes just and the protection of investors or the public Comments may be submitted by any of equitable principles of trade in that it interest; (ii) impose any significant the following methods: burden on competition; and (iii) become promotes transparency and uniformity Electronic Comments across markets concerning review of operative for 30 days from the date on • transactions as clearly erroneous. The which it was filed, or such shorter time Use the Commission’s internet Exchange believes that extending the as the Commission may designate, it has comment form (http://www.sec.gov/ become effective pursuant to Section rules/sro.shtml); or clearly erroneous execution pilot under • Rule 7.10E for an additional six months 19(b)(3)(A) of the Act 17 and Rule 19b– Send an email to rule-comments@ would help assure that the 4(f)(6) thereunder.18 sec.gov. Please include File Number SR– determination of whether a clearly A proposed rule change filed under NYSEAMER–2021–19 on the subject 19 erroneous trade has occurred will be Rule 19b–4(f)(6) normally does not line. based on clear and objective criteria, become operative prior to 30 days after Paper Comments the date of the filing. However, Rule and that the resolution of the incident • 19b–4(f)(6)(iii) 20 permits the Send paper comments in triplicate will occur promptly through a to Secretary, Securities and Exchange transparent process. The proposed rule Commission to designate a shorter time if such action is consistent with the Commission, 100 F Street NE, change would also help assure Washington, DC 20549–1090. consistent results in handling erroneous protection of investors and the public All submissions should refer to File trades across the U.S. equities markets, interest. The Exchange has asked the Number SR–NYSEAMER–2021–19. This thus furthering fair and orderly markets, Commission to waive the 30-day file number should be included on the the protection of investors and the operative delay so that the proposed subject line if email is used. To help the public interest. Based on the foregoing, rule change may become operative Commission process and review your the Exchange believes the amended immediately upon filing. The comments more efficiently, please use clearly erroneous executions rule Commission believes that waiving the only one method. The Commission will should continue to be in effect on a pilot 30-day operative delay is consistent post all comments on the Commission’s basis while the Exchange and other self- with the protection of investors and the internet website (http://www.sec.gov/ regulatory organizations consider public interest, as it will allow the rules/sro.shtml). Copies of the whether further amendments to these current clearly erroneous execution submission, all subsequent rules are appropriate. pilot program to continue uninterrupted, without any changes, amendments, all written statements B. Self-Regulatory Organization’s while the Exchange and the other with respect to the proposed rule Statement on Burden on Competition national securities exchanges consider a change that are filed with the The Exchange does not believe that Commission, and all written the proposed rule change would impose 17 15 U.S.C. 78s(b)(3)(A). communications relating to the any burden on competition that is not 18 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– proposed rule change between the 4(f)(6)(iii) requires a self-regulatory organization to Commission and any person, other than necessary or appropriate in furtherance give the Commission written notice of its intent to of the purposes of the Act. The proposal file the proposed rule change, along with a brief those that may be withheld from the would ensure the continued, description and text of the proposed rule change, public in accordance with the uninterrupted operation of harmonized at least five business days prior to the date of filing of the proposed rule change, or such shorter time 21 clearly erroneous execution rules across For purposes only of waiving the 30-day as designated by the Commission. The Exchange operative delay, the Commission has also has satisfied this requirement. considered the proposed rule’s impact on 15 15 U.S.C. 78f(b). 19 17 CFR 240.19b–4(f)(6). efficiency, competition, and capital formation. See 16 15 U.S.C. 78f(b)(5). 20 17 CFR 240.19b–4(f)(6)(iii). 15 U.S.C. 78c(f).

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provisions of 5 U.S.C. 552, will be Caution: You should be careful to public comments to inform the available for website viewing and include in your comments only development of our Learning Agenda. printing in the Commission’s Public information that you wish to make Background Reference Room, 100 F Street NE, publicly available. We strongly urge you Washington, DC 20549, on official not to include in your comments any In fiscal year (FY) 2021, our programs business days between the hours of personal information, such as Social will provide a combined total of about 10:00 a.m. and 3:00 p.m. Copies of the Security numbers or medical $1.2 trillion in benefit payments to an filing also will be available for information. average of over 70 million beneficiaries. inspection and copying at the principal 1. Internet: We strongly recommend The major programs we administer—the office of the Exchange. All comments that you submit your comments via the Old-Age Survivors and Disability received will be posted without change. internet. Please visit the Federal Insurance program and the Persons submitting comments are eRulemaking portal at http:// Supplemental Security Income cautioned that we do not redact or edit www.regulations.gov. Use the Search program—provide an important source personal identifying information from function to find docket number SSA– of economic security for millions of comment submissions. You should 2021–0008. The system will issue a Americans. Our fundamental mission is submit only information that you wish tracking number to confirm your to deliver quality Social Security to make available publicly. All submission. You will not be able to services to the public. submissions should refer to File view your comment immediately We conduct evidence-building Number SR–NYSEAMER–2021–19 and because we must post each comment activities that include pilot projects, should be submitted on or before May manually. It may take up to a week for demonstration projects, quantitative 11, 2021. your comment to be viewable. studies, qualitative studies, and mixed methods studies that inform important For the Commission, by the Division of 2. Fax: Fax comments to (410) 966– Trading and Markets, pursuant to delegated 2830. priorities, such as delivering services authority.22 3. Mail: Mail your comments to the effectively, improving the way we J. Matthew DeLesDernier, Office of Regulations, Social Security conduct business, updating policies and regulations, and ensuring effective Assistant Secretary. Administration, 3100 West High Rise Building, 6401 Security Boulevard, stewardship. For example, we have [FR Doc. 2021–08037 Filed 4–19–21; 8:45 am] Baltimore, Maryland 21235–6401. conducted evidence-building activities BILLING CODE 8011–01–P Comments are available for public to inform our efforts to modernize the viewing on the Federal eRulemaking Social Security Statement. This aligns portal at http://www.regulations.gov or with our FYs 2018–2022 Agency SOCIAL SECURITY ADMINISTRATION in person, during regular business Strategic Plan, which includes [Docket No. SSA–2021–0008] hours, by arranging with the contact modernizing the Social Security person identified below. Statement to increase the public’s Request for Information on the FOR FURTHER INFORMATION CONTACT: understanding of our programs as a Foundations for Evidence-Based Robert Weathers, Office of Retirement strategy. Policymaking Act of 2018 Learning and Disability Policy, Social Security We have also conducted extramural Agenda Administration (SSA), 6401 Security research, demonstration projects, and Boulevard, Baltimore, Maryland 21235– outreach under Sections 234, 1110, and AGENCY: Social Security Administration. 4 6401, (410) 615–6965. For information 1144 of the Social Security Act (Act). ACTION: Request for information. on eligibility or filing for benefits, call Sections 234 and 1110 of the Act provide us with authority to conduct SUMMARY: The Foundations for our national toll-free number, 1–800– Evidence-Based Policymaking Act of 325–0778, or visit our internet site, extramural research and demonstration 2018 (Evidence Act) and implementing Social Security Online, at http:// projects, while section 1144 of the Act Executive Branch guidance requires www.socialsecurity.gov. addresses outreach activities to inform Federal agencies to develop an and assist Medicare beneficiaries with SUPPLEMENTARY INFORMATION: The low income who may be eligible for evidence-building plan, referred to as a 1 Evidence Act requires Federal agencies Medicare cost sharing or subsidized Learning Agenda, to identify and to develop ‘‘a systematic plan for address questions relevant to agency prescription drug coverage. We identifying and addressing policy currently fund a range of projects programs, policies, and regulations. questions relevant to the programs, Through this Request for Information designed to: policies, and regulations of the • Help us keep pace with (RFI), we seek public input to help us 2 agency.’’ This plan, referred to as a advancements in medicine and identify priority questions to guide our Learning Agenda, offers the opportunity technology; evidence-building activities. for us to use data in order to address the • Modernize our vocational rules; DATES: To ensure that your comments key questions we want to answer to • Test models that promote labor are considered, we must receive them improve our operational and force participation; no later than May 20, 2021. programmatic outcomes and to establish • Analyze program trends, gaps, and You may submit comments by any strategies to develop evidence to answer inconsistencies; and one of three methods—internet, fax, or important short-and long-term strategic • Measure the public’s understanding mail. Do not submit the same comments and operational questions.3 We seek of our programs, as well as the impact multiple times or by more than one of program changes. method. Regardless of which method 1 Public Law 115–435, 132 Stat. 5529. For more information on such you choose, please state that your 2 5 U.S.C. 312(a). projects, please see the ‘‘Research, comments refer to Docket No. SSA– 3 See Memorandum for Heads of Executive Demonstration Projects, and Outreach’’ 2021–0008 so that we may associate Departments and Agencies, from Russell T. Vought, Phase 1 Implementation of the Foundations for section of the Supplemental Security your comments with the correct docket. Evidence-Based Policymaking Act of 2018: Learning Agendas, Personnel, and Planning Guidance (July 4 42 U.S.C. 434, 1310, 1315, and 1320b–14, 22 17 CFR 200.30–3(a)(12). 10, 2019) respectively.

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Income Program technical supporting ACTION: Notice of application Act), which added a new section 47134 materials to our FY 2021 Budget procedures. to Title 49 of the U.S. Code, and submission that is located on our subsequent amendments of section website: https://www.ssa.gov/budget/ SUMMARY: This document provides 47134, including most recently Section FY21Files/2021SSI.pdf. procedures for applying for FAA 160 of the FAA Reauthorization Act of approval of the privatization or partial 2018, Public Law 115–254 (October 5, Request for Information privatization of a federally obligated 2018). Through this RFI, we are asking public airport. This document revises Section 47134, as amended, interested persons, including the procedures for applying for approval authorizes the Secretary of stakeholders across public and private of the privatization of a federally Transportation, and through delegation, sectors who may be familiar with or obligated public airport, to reflect the the FAA Administrator, to exempt a interested in the work of our agency, for provisions of the AIPP. It also revises sponsor of a public use airport that has input on evidence-building activities the statement of issues the FAA will received Federal assistance, from certain that inform important priorities for our consider in granting exemptions and Federal requirements in connection agency, including those that are related approving the transfer of a public use with the privatization of the airport by to the President’s broader priorities that airport under the new program. sale or lease to a private party. are available at https://www.whitehouse. DATES: This policy takes effect April 20, Specifically, the Administrator may gov/priorities/. We also seek input on 2021. No changes are required to an exempt the sponsor from all or part of future projects that will advance our application submitted and accepted for the requirements to use airport revenues mission. review prior to publication if there is no for airport-related purposes, to pay back We invite suggestions in various change to the applicant’s proposed a portion of Federal grants upon the sale forms—as key questions to be answered, transaction. The FAA will evaluate all of an airport, and to return airport hypotheses to be tested, or problems to applications in the order of receipt. property deeded by the Federal be investigated—that are focused on any FOR FURTHER INFORMATION CONTACT: Government upon transfer of the airport. area of our mission, including service Kevin C. Willis, Director, Office of The Administrator is also authorized to delivery, operations, programs, policies, Airport Compliance and Management exempt the private purchaser or lessee regulations, communication, and Analysis, (ACO–1), Federal Aviation from the requirement to use all airport stewardship. The responses to this RFI Administration, 800 Independence Ave. revenues for airport related purposes, to the extent necessary to permit the that interested persons submit to us will SW, Washington, DC 20591, (202) 267– purchaser or lessee to earn reasonable inform our ongoing development of a set 3085. compensation from the operations of the of priorities that will guide evidence- SUPPLEMENTARY INFORMATION: building activities. We will analyze airport. information collected from this RFI to Introduction and Background The term ‘‘public sponsor’’ is used in this document to mean the inform the development of our Learning Section 149 of the Federal Aviation Agenda. This RFI is for information and governmental agency or authority that Authorization Act of 1996 established currently owns or operates a public planning purposes only and should not an airport privatization pilot program be construed as a solicitation or as an airport and proposes to sell or lease it (APPP), and authorized the Department to a private purchaser or lessee. The obligation on our part. We will not of Transportation to grant exemptions respond to the comments we received in term ‘‘private operator’’ is used to refer from certain Federal statutory and to a private firm or firms that propose response to this RFI, but will use the regulatory requirements for up to five input to develop our Learning Agenda. to purchase or lease a public airport airport privatization projects. A request under the program; the term ‘‘applicant’’ The Commissioner of Social Security, for participation in the APPP was Andrew Saul, having reviewed and means all of the parties jointly initiated by the filing of either a participating in the application for approved this document, is delegating preliminary or a final application for the authority to electronically sign this privatization of a particular airport. The exemption with the FAA. The FAA terms ‘‘operating entity’’ and ‘‘private document to Faye I. Lipsky, who is the issued final guidance for applying for primary Federal Register Liaison for investor’’ are used for a partial participation in the program in privatization transaction, in which the SSA, for purposes of publication in the September 1997. Federal Register. public sponsor holds an interest in the Section 160 of the FAA operating entity, jointly, with a private Faye I. Lipsky, Reauthorization Act of 2018 established sector investor. Federal Register Liaison, Office of Legislation the Airport Investment Partnership This document does not have the and Congressional Affairs, Social Security Program (AIPP), which eliminates the force and effect of law and is not legally Administration. limit on the number of airport binding in its own right. It is intended [FR Doc. 2021–08115 Filed 4–19–21; 8:45 am] privatizations that the FAA may to provide clarity to the public regarding BILLING CODE 4191–02–P approve, allows privatization of existing requirements under the law and multiple airports by one airport sponsor, agency policies. Mandatory terms such and allows public participation in as ‘‘must’’ in this notice describe ownership of a private operator. established statutory or regulatory DEPARTMENT OF TRANSPORTATION Requirements for FAA approval of an requirements. airport privatization are substantially Federal Aviation Administration the same as under the pilot program. The September 1997 Notice of Final This notice of application procedures Application Procedures [Docket No. 28895] to be used by applicants for an airport To implement section 47134, the FAA Airport Investment Partnership privatization project is being published requested comments in April 1997 on Program: Application Procedures pursuant to section 149 of the Federal proposed program application Aviation Administration Authorization procedures (62 FR 19638; April 22, AGENCY: Federal Aviation Act of 1996, Public Law 104–264 1997). The FAA issued a Notice of Final Administration (FAA), DOT. (October 9, 1996) (1996 Reauthorization Application Procedures in September

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1997 (62 FR 48693; September 17, requested comment on this issue, but no 2012 Amendment to Section 47134 1997). In that notice, the FAA addressed comments were received in the docket. In 2012, in the FAA Modernization comments received on the notice and Accordingly, the FAA has continued the and Reform Act of 2012, Congress request for comment, and adopted policies announced in the November increased the number of airports that comprehensive procedures for applying 1997 notice, and incorporates them in can participate in the privatization pilot for participation in the program. In this revised application procedure. A program from 5 to 10 (Pub. L. 112–95, addition to identifying the application carrier that bids on a privatization section 156, Feb. 14, 2012, 126 Stat. 36). procedures to be used, the final notice proposal but is unsuccessful will be That amendment has become irrelevant discussed the issues the FAA will counted in the list of carriers with the elimination in 2018 of any consider in determining whether to participating in the 65 percent vote. A limit on the number of privatization approve an application for an carrier that is successful in bidding on projects that FAA may approve. exemption under section 47134 and a privatization proposal, and as a result other Federal requirements for airport will become the private airport operator 2018 Amendments to Section 47134 operation. The Notice of Final or part of a consortium that will operate Section 160 of the FAA Application Procedures is posted on the the airport, will not be included in the Reauthorization Act of 2018 enacted FAA website at: https://www.faa.gov/ list of voting air carriers under section amendments to § 47134 to eliminate the airports/airportcompliance_ 47134(b)(1)(A) (as amended in 2003). limit on the number of airport compliance/privatization/. 2003 Amendments to Section 47134 privatization applications the FAA The November 1997 Request for could approve, effectively maturing Comments In 2003, in Vision 100—Century of airport privatization beyond a pilot Aviation Reauthorization Act, Congress program. Section 160 made several Shortly after the final application amended the provisions of section procedures were published in additional changes to the FAA approval 47134(b) (1)(A) for obtaining the views process. September 1997, the FAA received a and consent of air carriers for an complaint about the effect of one 1. If an exemption is granted to an exemption from the airport revenue use airport sponsor from the revenue use provision of the final procedures on requirements of 49 U.S.C. 47107(b) and certain air carriers, relating to 49 U.S.C. requirement and permits use of airport 47133 (Pub. L. 108–176, section 155(a), revenues for non-airport purposes, then 47134(b)(1)(A). That section of the Dec. 12, 2003, 117 Stat. 2508). As statute limited the exemption to permit the FAA must grant an exemption to the originally enacted in 1996, section sponsor from the requirement to repay the use of funds by the public airport 47134 required that 65 percent of air sponsor for non-airport purposes, to Federal grant funds or return property to carriers at the airport, both by number the Federal Government. amounts approved by 65 percent of the of carriers and by percentage of total air air carriers serving the airport and 65 2. If an exemption is granted to an carrier landed weight, approve the airport sponsor from the revenue use percent of the air carriers by total revenue use exemption. However, these landed weight of air carriers from the requirement and permits use of airport provisions made no distinction between preceding calendar year. The same revenues for non-airport purposes, the categories of airport. approval was required for increases in FAA must grant an exemption to the The 2003 amendment replaced air carrier fees that exceed the increase private purchaser or lessee from the section 47134(b)(1)(A)(i) and (ii) with in the Consumer Price Index. In revenue use requirement and permit the interpreting that requirement, the FAA new requirements that differ for primary purchaser or lessee to earn stated that the air carriers included in airports and nonprimary airports. A compensation from operation of the the calculation of the 65 percent would primary airport is a commercial service airport. not include otherwise qualified air airport with more than 10,000 passenger 3. The FAA may accept applications carriers that submitted proposals or that boardings each year. Section from a sponsor for privatization of participate in consortia that submitted 47134(b)(1)(A) now provides: multiple airports if all of the airports are proposals for the privatization of the 1. At a primary airport, an exemption under the control of the sponsor and all subject airport. The FAA position was from revenue use requirements requires are located in the same State. based on the consideration that an air 65 percent approval by scheduled air 4. A public airport sponsor may have carrier that sought to operate the airport, carriers serving the airport and approval an interest in the private operating whether successful or not, could base its by scheduled and nonscheduled air entity that purchases or leases the vote on interests other than those of an carriers serving the airport whose airport. air carrier, as intended by Congress. landed weight was at least 65 percent of 5. FAA may fund a grant of up to The complaint specifically objected to total landed weight the previous year. $750,000 for predevelopment planning the exclusion of carriers that were 2. At a nonprimary airport, the FAA costs related to preparation of a unsuccessful in participating as private may approve an exemption if the public privatization application or draft airport operator, and would be voting sponsor has consulted with at least 65 application. only from the point of view of an air percent of the owners of aircraft based These last two provisions are carrier. In response, the FAA issued a at the airport. substantial changes from authority Notice of Amendment to Final 3. An air carrier is deemed to have granted under the APPP. Accordingly, Application Procedures; Request for approved an application for exemption the following additional guidance is Comments (FR 62 63211; November 26, unless it submits an objection in writing provided on how the agency proposes to 1997). In that notice, the FAA to the sponsor with 60 days of the filing address partial privatization suspended the exclusion of carriers that of the application with the FAA or the applications and applications for the were unsuccessful in bidding on a service of the application on the carrier, newly authorized planning grants. privatization proposal, but confirmed whichever is later. that an air carrier that was a successful The revised application procedure Partial Privatization bidder on a privatization proposal issued in this notice reflects the new Section 160 amended 49 U.S.C. 47134 would not be counted in a vote under requirements in the 2003 amendments by revising subsection (d)(2) to read: the 65 percent rule. The notice to section 47134. ‘‘(2) PARTIAL PRIVATIZATION.—A

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purchaser or lessee may be an entity in airport owner as the airport sponsor, 7. The FAA will consider the effects which a sponsor has an interest.’’ This with responsibility for administration of of the terms of the agreement between new provision could authorize and grant projects and compliance with AIP the private investor and the public promote forms of airport governance not grant agreements. airport owner. Where the degree of previously used in the United States, 4. The public owner remains the public participation in the entity resulting in applications for eligible agency for Passenger Facility operating the airport could affect the arrangements that would be not only Charges (PFC) collections in a project kinds of revenue covered by an unprecedented but also complex. In with majority public control. Where the exemption under section 47134(b)(1), reviewing AIPP applications under public owner holds a controlling the FAA will look to the sources and section 47134(d)(2) and associated interest in a lease for private operation effect of payments described in a requests for exemption from the of the airport, the public sponsor will proposed application and not simply standard requirements for use of airport also remain the eligible agency for the way various revenues are labeled by revenue, the FAA will seek to balance imposition of passenger facility charges the applicants. several key interests, including: at the airport. While section 47134(g)(1) 8. The FAA will consider the private 1. Preserving program incentives for allows a private sponsor to impose a investor’s relative participation in an private investment in airports, passenger facility charge, the private AIPP initiative in approving an consistent with the requirements and investor in this case would not be the exemption for compensation from legislative intent of the AIPP; public agency, and also would not have airport revenues. An exemption under 2. Ensuring that adequate airport satisfied the requirement in 49 U.S.C. section 47134(b)(3) allowing a private revenues remain available for the 40117(a)(2) that an eligible agency investor to receive compensation for operation, maintenance, and ‘‘controls the use of a commercial investment in and operation of the development of a participating airport; airport.’’ airport will be generally proportionate and The PFC process is separate from the to the private investor’s participation in 3. Continuing reasonable and not AIPP application process; PFC the entity operating the airport. unjustly discriminatory terms for use of 9. An AIPP initiative with both public amendments related to a privatization the airport by aeronautical users and and private participation should not initiative should be coordinated with tenants. result in diversion of airport revenue (by the Office of Airports at FAA Based on experience with the APPP exemption permitted at a fully Headquarters. and preliminary conversations with privatized airport). As a general 5. A reasonable concession fee paid aviation and finance industry principle, in an application filed under by a private operator can be exempted representatives, the FAA will apply the section 47134(d)(2), the total airport from general revenue use requirements. following principles in its review of revenue paid to the public owner and For every application approved under applications involving partial the private investor and subject to the AIPP, whether the public owner or privatization arrangements: exemption from revenue use the private operator is the controlling 1. ‘‘Partial privatization’’ means requirements should not exceed the entity, an exemption under section public participation in a lease of the amount of exempted revenue a private 47134(b)(1) (3) will apply at a minimum entire airport. investor would receive in a fully private to the private operator’s reasonable New section 47134(d)(2) authorizes a transaction. public airport sponsor to own and/or concession fee, i.e., the amount paid by 10. An application must be permitted control an interest in a private firm the private operator for the right to under State law. In some States, it is not operating the entire airport under a operate the airport and earn a return on clear that State law would permit the long-term lease. The term ‘‘partial investment from airport revenues in partial public ownership of a private privatization’’ refers to the public proportion to the private operator’s firm operating an airport. The FAA sponsor’s partial control of the private share of the operating enterprise. encourages submission of the legal operation of the entire airport, and not 6. The FAA will consider the degree opinion described in item 1.H. of the to privatization of a part of an airport. of public participation in evaluating a final application, a statement of the Privatization of individual airport request for exemption from general public sponsor’s authority to participate facilities has occurred at a number of revenue use requirements. For revenues in a private enterprise, at the time of the airports in the U.S. through public- other than the initial concession fee preliminary application. private partnerships, without payment, the degree of the public participation in the APPP or AIPP, and sponsor’s control of a private entity Availability of AIP Grants Under without the need for special FAA operating the airport may affect the Sections 47102(3)(R) and 47134(l) review. (See Item 10 below). extent of the exemption granted under Section 165 of the FAA 2. An AIPP project may have majority section 47134(b)(1) to allow use of Reauthorization Act of 2018 added a private control or majority public revenue for non-airport purposes. For new item to the definition of ‘‘airport control. An application under section example, where a public sponsor retains development,’’ at 49 U.S.C. 47102(3)(R), 47134(d)(2) may propose that the public majority control and ultimate to extend eligibility for AIP grant airport sponsor transfer a majority responsibility for airport management, a funding to certain work performed interest in the airport operation to a reasonable concession fee payment relating to the preparation of an airport private entity, or, alternatively, that the could be expected to reflect only the privatization project application under public sponsor hold a majority interest value of the private investor’s share of the AIPP: in the private operating entity. revenue from its passive investment. (R) predevelopment planning, 3. The public airport owner remains Payments to the public sponsor by the including financial, legal, or the Airport Improvement Program (AIP) operating entity in excess of that procurement consulting services, related sponsor in a project with majority public amount, as profit from ongoing airport to an application or proposed control. Where the public owner holds operations over the lease term, would application for an exemption under a controlling interest in a lease for generally be considered obligated section 47134. private operation of the airport, the FAA airport revenue not subject to Section 160 of the Act included a will continue to consider the public exemption. revised paragraph 47134(l), which

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limited a grant for predevelopment costs any differences between the airport’s stamped on receipt in Room 600 East at relating to an application under section Airport Layout Plan and Exhibit A to the FAA headquarters building. 47134 to $750,000 per application. the public sponsor’s Airport 4. FAA will review the application to On July 29, 2019, the FAA issued Improvement Program grant agreements determine if it meets the procedural Program Guidance Letter (PGL) 19–03, for the airport. requirements stated in this notice. Grants for Predevelopment Costs for 7. Part IV, ‘‘Qualifications of the 5. The FAA will accept preliminary Airport Investment Partnership Private Operator,’’ adds a request for applications filed before the applicant Program. The PGL contains guidance for any pending civil litigation against the has commenced the procurement agency staff on the review and approval private operator or its key personnel. process for the selection of an operator. of AIP grant applications for 8. Part IV, ‘‘Qualifications of the The preliminary application must predevelopment planning related to a Private Operator,’’ adds letter of credit contain the information listed under the Section 47134 application. The PGL is equal to cash reserves of six months for section titled ‘‘Contents of available on the FAA website at: https:// the initial operation. Applications.’’ The FAA will notify www.faa.gov/airports/aip/guidance_ 9. Part VI, ‘‘Certification of Air Carrier applicants of its decision on the letters/media/aip-pgl-19-03-AIPP.pdf. Approval,’’ is rewritten to implement acceptance of the application for review Summary of Revisions to Program the 2003 amendment to section 47134. within 30 days of the filing of the Application Procedures That amendment requires a percentage preliminary application. of air carrier approval for issuance of an 6. If the preliminary application meets In addition to minor style edits for exemption from revenue use the requirements described in this clarity and program improvement, the requirements at a primary airport. At a notice, the applicant will be notified following revisions have been made to nonprimary airport, the FAA may issue that the application is ‘‘accepted for the Process for Applying for an an exemption upon certification that review.’’ The FAA may request Exemption under section 47134: that public sponsor has consulted with additional information before accepting 1. References to a limit of 10 airports at least 65 percent of the owners of the application for review, but the and procedures for determining aircraft based at the airport. original filing date will remain in effect. eligibility as one of the 10 participating 10. In Part VII, ‘‘Airport Operation Following the FAA’s acceptance of the airports have been deleted. A procedure and Development,’’ paragraph A.5 adds preliminary application, the applicant is is retained for filing a preliminary more specific guidance for certification authorized to select a private operator, application, because of the value of the of air carrier approval of an increase in negotiate an agreement, and submit a preliminary application in confirming fees that will exceed the rate of final application to the FAA. an applicant’s legal authority and inflation. 7. If the preliminary application does preliminary plans for privatization of its 11. In Part VII, ‘‘Airport Operations not meet the requirements described in airport, and the involvement of the FAA and Development,’’ paragraph A.3 this notice, and cannot be brought into in the application process at an early requires the application to include a compliance with those requirements stage. legal opinion and certifications from 2. Because Section 160 allows a with information requested by the FAA both the public sponsor and the private during its 30-day review, the public sponsor to have an interest in the operator to address bankruptcy. entity operating the airport, the preliminary application will be rejected. 12. Paragraph VII.B requires that The FAA will notify the applicant that procedures provide for three possible transfer documents reflect the private parties in a partial privatization of an the application is rejected and that the operator’s assumption of legal application is no longer on file. The airport: the ‘‘public sponsor,’’ the responsibility for compliance with grant ‘‘private investor’’ (which may be a applicant may file a new application at assurances in effect under the public any time, and receive a new ‘‘on file’’ consortium of investors), and the sponsor’s current AIP grant agreements. ‘‘private operator’’ or ‘‘operating entity’’ date at that time. 13. The requirement for a fax number 8. The FAA will publish in the that would be co-owned by the public has been changed to an email address. sponsor and the private investor. In a Federal Register a notice that a full privatization of the airport, the Process for Applying for an Exemption preliminary application has been application continues to refer to two Under Section 47134 received under 49 U.S.C. 47134, and parties: the public sponsor, and the that the FAA has accepted the Exemption Application and Review application for review. private operator, who would be both Process: Overview investor and airport operator. 9. Applicants may file a final 3. ‘‘Contents of the Preliminary The FAA will apply the following application after the public sponsor has Application’’ eliminates the policies and procedures for filing and selected a private operator and reached requirement for a distribution-ready review of requests for privatization of a substantial agreement on the terms of copy of the request for proposals for public airport under 49 U.S.C. 47134: the privatization transaction. If an management and operation of the 1. A request for participation in the application cannot reasonably be airport. airport investment partnership program brought into compliance with the 4. Regulatory references to TSA and will be initiated by the filing of a requirements of section 47134 and other airport security have been updated to preliminary application for exemption applicable Federal statutes with current cite to 49 CFR part 1542 rather than 14 under section 47134(a). A public information in accordance with the time CFR part 107 where applicable. sponsor may also elect to file a final schedule submitted during the 5. Part II, ‘‘Airport Property,’’ requires application without the prior filing of a preliminary pplication, and any information on each airport included in preliminary application, if the public extensions of time approved by the the application, in recognition that a sponsor has selected a private operator. FAA, the FAA will notify the applicant public sponsor can request privatization 2. All applications will be evaluated that the application is rejected and that of more than one airport in a multi in the order of receipt. the application is no longer on file. The airport system. 3. FAA will consider an application to applicant may file a new application at 6. Part II, ‘‘Airport Property,’’ has an be filed on the date it is received by the any time, and receive a new ‘‘on file’’ added requirement for an explanation of FAA. Application packages will be date- date at that time.

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10. If an applicant fails to timely file proposing to buy or lease the airport. listed below be provided at the time of a final application in accordance with The cover letter must request one or the application. the time schedule submitted during the more of the exemptions authorized by However, for each item below for preliminary application, and any 49 U.S.C. 47134(b) for the purpose of which information is not available, the extensions of time approved by the the privatization of an airport. Please applicant may substitute a description FAA, the FAA will notify the applicant title each section according to the of the expected response and the date by that the application is rejected and that section titles below. which the final information will be the application is no longer on file. The 4. Officials signing for the public available. Information not provided applicant may file a new preliminary sponsor must provide evidence of their with the application should be application at any time, and receive a authority to file the application, e.g., an submitted to the FAA as soon as it new ‘‘on file’’ date at that time. enacted state statute or adopted city becomes available. 11. The FAA will publish in the council resolution. Federal Register a notice of receipt of Part I. Parties to the Transaction the final application, establish a docket, Contents of the Preliminary Application A. Name of the airport proposed for and accept public comment on the The preliminary application should sale or lease. application for a period of 60 days. The consist of: B. Name and address of the public FAA reserves the right to modify the 1. As much of the information sponsor of the airport; name, address, comment period at its own discretion. If required by Part I, ‘‘Parties to the telephone number, and email address of an application is approved, exemptions Transaction,’’ from the Final the person to contact about the will be issued after the execution of all Application, as is available. application. documents necessary to fulfill the 2. A summary narrative of the C. Name and address of the private requirements of section 47134 and other objectives of the privatization initiative, operator proposing to purchase or lease laws and regulations within the FAA’s i.e., what the public sponsor wants to the airport; name, address, telephone jurisdiction (e.g., issuance of a Part 139 accomplish by the solicitation. The number, and email address of the certificate to the private operator; FAA narrative should indicate whether the person to contact about the application. confirmation that the private operator applicant plans on the full privatization D. If the private operator proposing to has a TSA approved security program of the airport by lease or sale to a private purchase or lease the airport is a under 49 CFR part 1542). FAA operator, or intends a partial partnership, joint venture, or other representatives will be available to meet privatization by holding an interest in consortium of multiple interests, the with parties interested in an airport the operating entity that will operate the name and address of each of the privatization project both before and airport. participating members. after the filing of a preliminary 3. A description of the process and a E. Citizenship of the private operator application for exemption to discuss the reasonable, realistic timetable to be or each member of the private operator Federal statutory requirements and employed in selecting an operator and consortium, and percentage of interest policies that apply to applications under completing transfer of the airport. This of each such member. section 47134. Airport sponsors are should include the identification of all F. If the public sponsor will retain an encouraged to meet with the FAA early local approvals and the time frame interest in the new operating entity and in the process to ensure that the parties when the FAA can anticipate the final share ownership of that entity with a understand the actions that will be application will be submitted for private investor, the percentages of necessary for final program review. ownership to be held by the public participation. 4. All of the information required by sponsor and the private investor Part II, ‘‘Airport Property,’’ from the respectively. Filing an Application Final Application. G. A statement of the public sponsor’s 1. Applicants must submit one 5. Financial statements including authority to sell or lease the airport, original application package and four balance, income, and cash flow with a citation to legal authorities. copies containing the information statements for the last two full fiscal H. If the public sponsor will share described under ‘‘Content of year periods. ownership in the operating entity with Applications’’ in this notice to: 6. A description of the procurement, a private investor, a statement of the Associate Administrator for Airports, i.e., selection/evaluation of a private public sponsor’s authority to participate ARP–1, Room 600 East, Federal operator for the management and in a private enterprise. Aviation Administration, 800 operation of the airport with reference Part II. Airport Property Independence Avenue SW, Washington, to the nine statutory conditions under DC 20591. 49 U.S.C. 47134. A. For each airport included in the 2. All preliminary and final application, a description of the airport applications may be delivered, mailed, The Final Application property to be transferred. Applicants or submitted on a USB flash drive, but The following statements and should describe property in sufficient will not be considered to be ‘‘on file’’ information must be included in the detail to identify the parcels of property with the FAA until received in the final application. The FAA realizes that and facilities to be transferred; a map Office of the Associate Administrator for some documents, figures, and other and a legal description of the property Airports, Room 600 East. information will not be available until may be included but are not required. 3. There is no required form for an shortly before the execution of the B. A history of the acquisition of application. However, the preliminary transfer transaction. The final existing airport property. Applicants application package must be submitted application may only be filed after the should include information on grants, with a cover letter, signed by public sponsor has selected a private types of deeds, the dates and means of appropriate officials of the current operator and reached sufficient conveyance, e.g., Surplus Property Act, public sponsor or, in the case of the agreement with the operator on the other Federal conveyance of donated final application, signed jointly by terms of the transaction to represent property, parcels purchased with appropriate officials of the current those terms in an application. The FAA Federal funds, and parcels purchased public sponsor and the private operator will not require that all information with only local funds.

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C. An explanation of any differences Part IV. Qualifications of the Private prohibition on use of airport revenue for between the airport property to be Operator general purposes, including the amount transferred and Exhibit A to recent AIP A. A complete description of airport of funds involved. The description grant agreements. management and operations experience, should include sale or lease proceeds as D. Evidence of Good Title to the including the identity, experience, well as funds in existing airport airport property satisfactory to the FAA. expertise, and responsibility of key accounts that would be transferred to general accounts. Part III. Terms of the Transfer personnel. A description of the facilities and airports presently being managed by B. Describe the specific exemption A. A detailed description of the terms the company, both domestically and requested by the public sponsor under of the transfer, other than financial, internationally. If the private operator is 49 U.S.C. 47134(b)(2) from the including: a newly formed entity, describe the requirement to repay Federal grant 1. Term of the lease or other transfer experience of the constituent members funds or return property. agreement. and the proposed management structure C. Describe the specific exemption 2. A description of any rights, to integrate operational functions. requested by the private operator under authority, or interests retained by the B. Financial resources for operating/ 49 U.S.C. 47134(b)(3) from the public sponsor, including reversion of capital expenses of the airport. Copies of prohibition on use of airport revenue for title to facilities. the 10K annual reports filed in the past general purposes. The description should include the anticipated amount 3. If the private operator is a three years with the Securities and Exchange Commission, if filed. If 10K of airport revenue to be used for consortium, a description of the compensation of the private operator, respective rights and responsibilities of annual reports were not filed, provide a balance sheet and income statement the source of airport funds involved, each member. and a description of the effect, if any, on 4. If the public sponsor will share prepared in accordance with Generally Accepted Accounted Principles, with all air carrier and other aeronautical user ownership of the operating entity, a fees. description of the respective rights and footnotes applicable to the financial responsibilities of the public sponsor statements. The private operator should Part VI. Certification of Air Carrier and private owners of the operating have a letter of credit equal to cash Approval entity. reserves of six months for the initial operation of the airport unless a lower A. For an application relating to a B. Financial terms of the transaction: amount is approved in advance by the primary airport: 1. Amounts and timing of payments to FAA. 1. Provide a certification that air the public sponsor. C. Timing and details of application carriers meeting the requirements of 49 2. Amounts of payments to sponsor to for Part 139 certificate, if applicable. U.S.C. 47134(b)(1)(A)(i) approve the be used, respectively, for airport D. Plan for compliance with 49 CFR exemption described in Part V.A. above. purposes (including recoupment of part 1542, if applicable. 2. Provide: public sponsor investments not E. A description of the private i. A list of all U.S. air carriers serving previously recovered) and for other operator’s capability and experience of the airport, to include all carriers purposes. complying with the public sponsor’s conducting operations at the airport 3. Financing arrangements, including existing grant assurances, including the under authority of 14 CFR part 121 that sources of the funds used by the private assurance of compatible land use have a lease and/or use agreement at the operator for purchase or initial lease around the airport; the protection of airport or that conducted at least 50 payment and future lease payments, and navigation aids, approach lights, flights under such authority in the for return on investment. runway safety areas, and runway preceding calendar year; 4. Projected impact of the initial protection zones; and the continuation ii. A list of all carriers conducting transaction on the fee structure for and extension of avigation easements. operations at the airport as a commuter charges to airport users. F. Affiliations with air carriers or air carrier within the meaning of 14 CFR other persons engaged in aeronautical part 298 that have a lease and/or use 5. Projected impact of future purchase agreement at the airport or that or lease payments to the public sponsor business activity at an airport (other than airport management). conducted at least 50 flights under such on the fee structure for charges to authority in the preceding calendar airport users. G. A description of all charges of unfair or deceptive practices or unfair year; and 6. Other relevant financial terms of methods of competition brought against iii. A list of all operators conducting the transfer. the private operator and private operations at the airport under authority C. Copies of all documents executed operator’s key personnel; and, in the of 14 CFR part 135 that have a lease as part of the transfer, to be provided as case of a private operator that is a joint and/or use agreement at the airport and they are executed or are in sufficiently venture, partnership, or other that have at least one aircraft used in final form to indicate the substantive consortium, the separate members of the Part 135 operations based at the airport. nature of the expected final document. entity in the past 10 years. The 3. The lists described in VI.A.2 should D. If applicable, a request for description should include the exclude any carrier that is not currently confidentiality of any particular disposition or current status of each serving the airport or that has responded document or information submitted, such proceeding. to a solicitation or submitted a proposal with supporting information. H. Any other pending civil litigation to serve as a private airport operator or E. Provisions of a document against the private operator or its key participate in a private airport operator conferring third-party beneficiary rights personnel. consortium at that airport. on behalf of the FAA to enforce, directly 4. Provide: against the private operator, key Part V. Requests for Exemption i. A list of the air carriers that have obligations contained in AIP grant A. Describe the specific exemption approved the exemption; agreements and the assurances required requested by the public sponsor under ii. The total landed weight of by section 47134. 49 U.S.C. 47134(b)(1), from the operations by all air carriers listed

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under VI.A.2 above at the airport for the 4. Maintenance, improvement, and with respect to the public sponsor’s preceding year; modernization of the airport, in commitments under past records of iii. The total landed weight of each air accordance with section 47134(c)(3), decisions on airport development carrier listed under VI.A.2 above that including the public sponsor’s most projects, and other measures the private has approved the exemption; and recent 5 year capital improvement plan operator proposes to take in the future. and the 5 year capital improvement plan iv. A list of carriers serving the airport 9. Mitigation of adverse effects on the proposed by the private operator. in the previous or current year but environment from airport operations, in excluded from the lists in VI.A.2, with Applicants should identify the sources accordance with section 47134(c)(8). the reason for exclusion. of funds to be used for capital 5. Provide a copy of each document development, including any continuing 10. Confirmation that any collective indicating air carrier approval of or contributions by the public sponsor. If bargaining agreement that covers objection to the exemption requested. funds are to be borrowed, applicants employees of the airport and is in effect 6. Provide a description of should identify the expected sources, on the date of the sale or lease of the consultation with foreign air carriers anticipated repayment terms of any airport will not be abrogated by the sale serving the airport on proposals for air borrowed funds, and the source of or lease, as required by section carrier approval under 49 U.S.C. revenue to be used for repayment. 47134(c)(9). Applicants should also include any 47134(b)(1)(A). 11. The private operator’s intentions B. For an application relating to a financial security provisions, such as a letter of credit or performance bond, for regarding consultation with general nonprimary airport: aviation users regarding the planned 1. Provide certification that the public the accomplishment of the maintenance, improvement, and modernization privatization of the airport, and the sponsor has consulted with at least 65 projected effect on general aviation of percent of the owners of aircraft at the projects committed to by the private the proposed changes in operation and airport regarding the sponsor’s operator. management of the airport. application for the exemption described 5. Compliance with the limitations on in Part V.A. above. air carrier fees, pursuant to section 12. Private operator’s plans (if known) 2. Copies or a description of the 47134(c)(4), not imposed for funding of for development of general aviation. information conveyed to aircraft owners new capital development undertaken after the transfer to the private operator. B. The private operator’s acceptance at the airport regarding the proposed of the grant assurances contained in the exemption. If it is the private operator’s intent to impose an increase in fees on air public sponsor’s grant agreements with 3. Copies of comments received from carriers exceeding the limit in section the FAA and intention to assume legal aircraft owners on the proposed 47134(c)(4), provide: responsibility for compliance with those exemption. i. The amount of the planned increase assurances, as reflected in the transfer Part VII. Airport Operation and in fees; documents. Assurance 25 need not be Development ii. A list of the air carriers that have addressed. In addition, the applicants’ approved the increase; agreement that the grant assurances and A. Provide a description of how the iii. The total landed weight of all the assurances required for granting an private operator, the public sponsor, or operations by air carriers at the airport both will address the following issues exemption under section 47134 create for the preceding year (which for a third-party beneficiary rights with respect to the operation, primary airport should be the same as maintenance, and development of the enforceable by the FAA in an provided in VI.A.4.b); and administrative or judicial legal airport after the proposed transfer. iv. The total landed weight of all proceeding, and permit FAA to enforce 1. Part 139 certification. If applicable, operations by air carriers that have directly against the private operator the a request for a Part 139 certificate approved the increase. should be filed with thelocal FAA 6. Compliance with the limitation on grant assurances and the assurances Regional Airports Division. The general aviation fees described in required for granting an exemption exemption application needs only to section 47134(c)(5). under section 47134. reflect the private operator’s intentions 7. Maintenance of safety and security C. Provide a description of the parties’ and the status of a certificate at the airport, in accordance with efforts to consult with airport users application, if applicable. section 47134(c)(6). The application about the proposed transaction and of 2. Continuing access to the airport on should note the applicant’s contacts the parties’ community outreach efforts. fair and reasonable terms and without with the FAA Regional Airports unjust discrimination, in accordance Division or Airports District Office on Part VIII. Periodic Audits. with section 47134(c)(1). Part 139 and TSA on Part 1542, but does 3. Continued operation of the airport not need to duplicate information filed A. Section 47134(k) provides that the in the event of bankruptcy or other in connection with those actions. The FAA may conduct periodic audits of the financial or legal impairment of the application should include planned financial records and operations of an private operator, in accordance with the efforts by the private operator to airport receiving an exemption under specific terms of section 47134(c)(2). maintain the public sponsor’s existing the pilot program. Applicants should The application should include any mechanisms for communicating with indicate in the application their express provision for reversion to the public airport tenants and users and the public assent to this provision. sponsor. The application should include on safety and security issues. Issued in Washington, DC. a legal opinion and certifications from 8. Mitigation of adverse effects of Winsome A. Lenfert, both the public sponsor and the private noise from airport operations, in operator that the proposed plan will be accordance with section 47134(c)(7). Acting Associate Administrator for Airports. effective under operation of all The applicant should specifically [FR Doc. 2021–07586 Filed 4–19–21; 8:45 am] applicable law, including but not describe its intentions with respect to an BILLING CODE 4910–13–P limited to bankruptcy law, in assuring existing or future Part 150 noise the continued operation of the airport. compatibility program for the airport,

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DEPARTMENT OF TRANSPORTATION B. Privacy Act epilepsy and seizure disorders In accordance with 5 U.S.C. 553(c), prohibition. The commenters that were Federal Motor Carrier Safety DOT solicits comments from the public against stated it would be a safety risk Administration to better inform its rulemaking process. and danger to everyone on the road to [FMCSA Docket No. FMCSA–2020–0053] DOT posts these comments, without allow these individuals to drive. Several edit, including any personal information pointed out that a seizure can occur Qualification of Drivers; Exemption the commenter provides, to unexpectedly while driving, causing a Applications; Epilepsy and Seizure www.regulations.gov, as described in loss of consciousness, even if the Disorders the system of records notice (DOT/ALL– individual is taking their medication as 14 FDMS), which can be reviewed at prescribed. In addition, there was one AGENCY: Federal Motor Carrier Safety www.transportation.gov/privacy. comment that specifically addressed the Administration (FMCSA), Department seven applicants and was only in of Transportation (DOT). II. Background support of an exemption being granted ACTION: Notice of final disposition. On February 23, 2021, FMCSA to Thomas A. Marx because his last published a notice announcing receipt seizure was more than 20 years ago. The SUMMARY: FMCSA announces its of applications from seven individuals commenter suggested that another 5- decision to exempt seven individuals requesting an exemption from the year waiting period be applied to the from the requirement in the Federal epilepsy and seizure disorders other six applicants. The commenter Motor Carrier Safety Regulations prohibition in 49 CFR 391.41(b)(8) and stated that at least 15 years of no (FMCSRs) that interstate commercial requested comments from the public (86 recorded seizures or complications with motor vehicle (CMV) drivers have ‘‘no FR 11044). The public comment period epilepsy should be noted before established medical history or clinical ended on March 25, 2021, and 19 allowing these individuals to operate a diagnosis of epilepsy or any other comments were received. CMV. As stated in the February 23, condition which is likely to cause loss FMCSA has evaluated the eligibility 2021, notice, to be considered for an of consciousness or any loss of ability to of these applicants and determined that exemption from the epilepsy and control a CMV.’’ The exemptions enable granting exemptions to these seizure disorders prohibition in these individuals who have had one or individuals would achieve a level of § 391.41(b)(8), applicants must meet the more seizures and are taking anti- safety equivalent to, or greater than, the criteria in the 2007 recommendations of seizure medication to operate CMVs in level that would be achieved by the Agency’s Medical Expert Panel (78 interstate commerce. complying with § 391.41(b)(8). FR 3069). These recommendations state DATES: The exemptions are applicable The physical qualification standard that drivers who have a history of on April 2, 2021. The exemptions expire for drivers regarding epilepsy found in epilepsy/seizures, off anti-seizure on April 2, 2023. § 391.41(b)(8) states that a person is medication and seizure-free for 10 years, FOR FURTHER INFORMATION CONTACT: Ms. physically qualified to drive a CMV if may be qualified to operate a CMV in Christine A. Hydock, Chief, Medical that person has no established medical interstate commerce. The Agency also Programs Division, (202) 366–4001, history or clinical diagnosis of epilepsy conducted an individualized assessment [email protected], FMCSA, or any other condition which is likely of each applicant’s medical information, Department of Transportation, 1200 to cause the loss of consciousness or any including the root cause of the New Jersey Avenue SE, Room W64–224, loss of ability to control a CMV. respective seizure(s) and medical Washington, DC 20590–0001. Office In addition to the regulations, FMCSA information about the applicant’s hours are from 8:30 a.m. to 5 p.m., ET, has published advisory criteria 1 to seizure history, the length of time that Monday through Friday, except Federal assist medical examiners (MEs) in has elapsed since the individual’s last holidays. If you have questions determining whether drivers with seizure, the stability of each individual’s regarding viewing or submitting certain medical conditions are qualified treatment regimen and the duration of material to the docket, contact Dockets to operate a CMV in interstate time on or off of anti-seizure Operations, (202) 366–9826. commerce. medication. Based on this information SUPPLEMENTARY INFORMATION: III. Discussion of Comments and the criteria in the 2007 recommendations of the Agency’s I. Public Participation FMCSA received 19 comments in this Medical Expert Panel (78 FR 3069), the proceeding, one of which was a A. Viewing Comments Agency believes the drivers in this duplicate. Most of the comments notice have demonstrated that they are To view comments go to received were either for or against the unlikely to have a seizure and their www.regulations.gov. Insert the docket issuance of exemptions from the medical condition does not pose a risk number, FMCSA–2020–0053, in the epilepsy and seizure disorders to public safety. keyword box, and click ‘‘Search.’’ Next, prohibition and not in response to the sort the results by ‘‘Posted (Newer- exemption requests from the specific IV. Basis for Exemption Determination Older),’’ choose the first notice listed, seven applicants for which the Agency Under 49 U.S.C. 31136(e) and and click ‘‘Browse Comments.’’ If you requested comments. There were nine 31315(b), FMCSA may grant an do not have access to the internet, you comments in support of issuing exemption from the FMCSRs for no may view the docket online by visiting exemptions from the epilepsy and longer than a 5-year period if it finds Dockets Operations in Room W12–140 seizure disorders prohibition. There such exemption would likely achieve a on the ground floor of the DOT West were eight comments against the level of safety that is equivalent to, or Building, 1200 New Jersey Avenue SE, issuance of exemptions from the greater than, the level that would be Washington, DC 20590–0001, between 9 achieved absent such exemption. The a.m. and 5 p.m., ET, Monday through 1 These criteria may be found in APPENDIX A TO statute also allows the Agency to renew Friday, except Federal holidays. To be PART 391—MEDICAL ADVISORY CRITERIA, exemptions at the end of the 5-year section H. Epilepsy: § 391.41(b)(8), paragraphs 3, 4, sure someone is there to help you, and 5, which is available on the internet at https:// period. FMCSA grants medical please call (202) 366–9317 or (202) 366– www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/ exemptions from the FMCSRs for a 2- 9826 before visiting Dockets Operations. CFR-2015-title49-vol5-part391-appA.pdf. year period to align with the maximum

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duration of a driver’s medical treating physicians attesting to the DEPARTMENT OF TRANSPORTATION certification. stability of treatment and that the driver The Agency’s decision regarding these has remained seizure-free; (3) each Federal Motor Carrier Safety exemption applications is based on the driver must undergo an annual medical Administration 2007 recommendations of the Agency’s examination by a certified ME, as [Docket No. FMCSA–2021–0005] Medical Expert Panel. The Agency defined by § 390.5; and (4) each driver conducted an individualized assessment must provide a copy of the annual Qualification of Drivers; Exemption of each applicant’s medical information, medical certification to the employer for Applications; Vision including the root cause of the retention in the driver’s qualification respective seizure(s) and medical AGENCY: Federal Motor Carrier Safety file, or keep a copy of his/her driver’s information about the applicant’s Administration (FMCSA), Department seizure history, the length of time that qualification file if he/she is self- of Transportation (DOT). has elapsed since the individual’s last employed. The driver must also have a ACTION: Notice of denials. seizure, the stability of each individual’s copy of the exemption when driving, for SUMMARY: FMCSA announces its treatment regimen and the duration of presentation to a duly authorized decision to deny applications from 28 time on or off of anti-seizure Federal, State, or local enforcement individuals who requested an medication. In addition, the Agency official. exemption from the vision standard in reviewed the treating clinician’s VI. Preemption the Federal Motor Carrier Safety medical opinion related to the ability of Regulations (FMCSRs) to operate a the driver to safely operate a CMV with During the period the exemption is in commercial motor vehicle (CMV) in a history of seizure and each applicant’s effect, no State shall enforce any law or interstate commerce. driving record found in the Commercial regulation that conflicts with this Driver’s License Information System for FOR FURTHER INFORMATION CONTACT: Ms. exemption with respect to a person Christine A. Hydock, Chief, Medical commercial driver’s license (CDL) operating under the exemption. holders, and interstate and intrastate Programs Division, (202) 366–4001, inspections recorded in the Motor VII. Conclusion [email protected], FMCSA, Carrier Management Information Department of Transportation, 1200 System. For non-CDL holders, the Based upon its evaluation of the seven New Jersey Avenue SE, Room W64–224, Agency reviewed the driving records exemption applications, FMCSA Washington, DC 20590–0001. Office from the State Driver’s Licensing exempts the following drivers from the hours are from 8:30 a.m. to 5 p.m., ET, Agency. A summary of each applicant’s epilepsy and seizure disorder Monday through Friday, except Federal seizure history was discussed in the prohibition, § 391.41(b)(8), subject to the holidays. If you have questions February 23, 2021, Federal Register requirements cited above: regarding viewing materials in the docket, contact Dockets Operations, notice (FR 86 11044) and will not be Sayed K. Abbed (IL) repeated in this notice. (202) 366–9826. These seven applicants have been Devante Carter (IL) SUPPLEMENTARY INFORMATION: seizure-free over a range of 9 to 26 years David R. Frantz (PA) I. Public Participation while taking anti-seizure medication Brian P. Klein (IN) and maintained a stable medication A. Viewing Comments treatment regimen for the last 2 years. In Thomas A. Marx (WA) To view comments go to each case, the applicant’s treating Jeffrey Smith, Jr. (FL) www.regulations.gov. Insert the docket physician verified his or her seizure Eric R. Smits (WI) number, FMCSA–2021–0005, in the history and supports the ability to drive keyword box, and click ‘‘Search.’’ Next, commercially. In accordance with 49 U.S.C. sort the results by ‘‘Posted (Newer- The Agency acknowledges the 31315(b), each exemption will be valid Older),’’ choose the first notice listed, potential consequences of a driver for 2 years from the effective date unless and click ‘‘Browse Comments.’’ If you experiencing a seizure while operating a revoked earlier by FMCSA. The do not have access to the internet, you CMV. However, the Agency believes the exemption will be revoked if the may view the docket online by visiting drivers granted this exemption have following occurs: (1) The person fails to Dockets Operations in Room W12–140 demonstrated that they are unlikely to comply with the terms and conditions on the ground floor of the DOT West have a seizure and their medical of the exemption; (2) the exemption has Building, 1200 New Jersey Avenue SE, condition does not pose a risk to public resulted in a lower level of safety than Washington, DC 20590–0001, between 9 safety. was maintained prior to being granted; a.m. and 5 p.m., ET, Monday through Consequently, FMCSA finds that in or (3) continuation of the exemption Friday, except Federal holidays. To be each case exempting these applicants sure someone is there to help you, would not be consistent with the goals from the epilepsy and seizure disorder please call (202) 366–9317 or (202) 366– and objectives of 49 U.S.C. 31136(e) and prohibition in § 391.41(b)(8) is likely to 9826 before visiting Dockets Operations. achieve a level of safety equal to that 31315(b). B. Privacy Act existing without the exemption. Larry W. Minor, In accordance with 5 U.S.C. 553(c), Associate Administrator for Policy. V. Conditions and Requirements DOT solicits comments from the public The terms and conditions of the [FR Doc. 2021–08066 Filed 4–19–21; 8:45 am] to better inform its rulemaking process. exemption are provided to the BILLING CODE 4910–EX–P DOT posts these comments, without applicants in the exemption document edit, including any personal information and includes the following: (1) Each the commenter provides, to driver must remain seizure-free and www.regulations.gov, as described in maintain a stable treatment during the the system of records notice (DOT/ALL– 2-year exemption period; (2) Each driver 14 FDMS), which can be reviewed at must submit annual reports from their www.transportation.gov/privacy.

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II. Background Jeffrey C. Layer (MN) Targeting, tel.: 202–622–2420; Assistant FMCSA received applications from 28 Silas Lee (NC) Director for Sanctions Compliance & Jay W. Magnuson (WA) individuals who requested an Evaluation, tel.: 202–622–2490; Jeremy H. Norton (CT) exemption from the vision standard in Assistant Director for Licensing, tel.: Keith F. Reynolds (OK) the FMCSRs. 202–622–2480. Richard D. Shofner (MN) SUPPLEMENTARY INFORMATION: FMCSA has evaluated the eligibility Lawrence N. Tuihalamaka (ND) of these applicants and concluded that Jason R. Wolf (CO) Electronic Availability granting these exemptions would not The following six applicants did not provide a level of safety that would be The Specially Designated Nationals have 3 years of experience driving a equivalent to, or greater than, the level and Blocked Persons List and additional CMV on public highways with their of safety that would be obtained by information concerning OFAC sanctions vision deficiencies: complying with § 391.41(b)(10). programs are available on OFAC’s Bradley F. Bodeker (FL) website (https://www.treasury.gov/ofac). III. Basis for Exemption Determination Ian Coleman (WA) Notice of OFAC Actions Under 49 U.S.C. 31136(e) and Dave Counts (IN) On April 15, 2021, OFAC determined 31315(b), FMCSA may grant an John L. Horvath (MI) that the property and interests in exemption from the FMCSRs for no Brandon A. Oldro (MO) property subject to U.S. jurisdiction of longer than a 5-year period if it finds Conner B. Todd (NE) the following persons are blocked under such exemption would likely achieve a The following three applicants did the relevant sanctions authorities listed level of safety that is equivalent to, or not have 3 years of recent experience below. greater than, the level that would be driving a CMV on public highways with achieved absent such exemption. their vision deficiencies: Individuals FMCSA grants exemptions from the Davis J. Charles (AL); David Hunt (AR); 1. GROMOV, Alexei Alexeyevich, FMCSRs for a 2-year period to align and Hector A. Mercado (FL) Russia; DOB 31 May 1960; POB Zagorsk with the maximum duration of a The following two applicants did not (Sergiev, Posad), Moscow Region, driver’s medical certification. have sufficient driving experience over Russia; nationality Russia; Gender Male; The Agency’s decision regarding these the past 3 years under normal highway First Deputy Chief of Staff of the exemption applications is based on operating conditions (gaps in driving Presidential Executive Office; First medical reports about the applicants’ record): Deputy Head of Presidential vision, as well as their driving records William Y. Gomez Denis (FL); and Administration; First Deputy and experience driving with the vision Reniery A. Mendez Erazo (MO) Presidential Chief of Staff (individual) deficiency. The following applicant was denied [UKRAINE–EO13661] [ELECTION– IV. Conclusion for multiple reasons: EO13848]. Designated pursuant to section 2(a)(i) Sandra K. Macklen (SC) The Agency has determined that these of Executive Order 13848 of September applicants do not satisfy the eligibility Larry W. Minor, 12, 2018, ‘‘Imposing Certain Sanctions criteria or meet the terms and Associate Administrator for Policy. in the Event of Foreign Interference in conditions of the Federal exemption and a United States Election,’’ (E.O. 13848) granting these exemptions would not [FR Doc. 2021–08065 Filed 4–19–21; 8:45 am] BILLING CODE 4910–EX–P for having directly or indirectly engaged provide a level of safety that would be in, sponsored, concealed, or otherwise equivalent to, or greater than, the level been complicit in foreign interference in of safety that would be obtained by DEPARTMENT OF THE TREASURY a United States election. complying with § 391.41(b)(10). 2. MALKEVICH, Alexander Therefore, the 28 applicants in this Office of Foreign Assets Control Aleksandrovich, St. Petersburg, Russia; notice have been denied exemptions DOB 14 Jun 1975; POB Leningrad, from the physical qualification Notice of OFAC Sanctions Actions Russia; nationality Russia; Gender Male; standards in § 391.41(b)(10). Passport 717637093 (Russia); National Each applicant has, prior to this AGENCY: Office of Foreign Assets ID No. 781005202108 (Russia) notice, received a letter of final Control, Treasury. (individual) [UKRAINE–EO13661] disposition regarding his/her exemption ACTION: Notice. [CYBER2] [ELECTION–EO13848] request. Those decision letters fully (Linked To: USA REALLY; Linked To: SUMMARY: The U.S. Department of the outlined the basis for the denial and PRIGOZHIN, Yevgeniy Viktorovich). constitute final action by the Agency. Treasury’s Office of Foreign Assets Designated pursuant to section This notice summarizes the Agency’s Control (OFAC) is publishing the names 2(a)(iii) of E.O. 13848 for being owned recent denials as required under 49 of one or more persons that have been or controlled by, or having acted or U.S.C. 31315(b)(4) by periodically placed on OFAC’s Specially Designated purported to act for or on behalf of, publishing names and reasons for Nationals and Blocked Persons List directly or indirectly, YEVGENIY denial. based on OFAC’s determination that one VIKTOROVICH PRIGOZHIN, a person The following 16 applicants had no or more applicable legal criteria were whose property and interests in experience operating a CMV: satisfied. All property and interests in property are blocked pursuant to E.O. Jamarion D. Allen (TX) property subject to U.S. jurisdiction of 13848. Said Atrach (FL) these persons are blocked, and U.S. Also designated pursuant to section Brandon P. Bryant (CA) persons are generally prohibited from l(a)(iii)(C) of Executive Order 13694 of Kenneth J. Dever (PA) engaging in transactions with them. April 1, 2015, ‘‘Blocking Property of Jason R. Ewing (IL) DATES: See SUPPLEMENTARY INFORMATION Certain Persons Engaging in Significant Steven D. Gann (GA) section for effective date. Malicious Cyber-Enabled Activities,’’ as Sebastien C. Guilbot (MD) FOR FURTHER INFORMATION CONTACT: amended by Executive Order 13757 of Jeremy J. Lawrence Davis (FL) OFAC: Associate Director for Global December 28, 2016, ‘‘Taking Additional

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Steps to Address the National support of, YEVGENIY VIKTOROVICH directly or indirectly, SECONDEYE Emergency With Respect to Significant PRIGOZHIN, a person whose property SOLUTION, a person whose property Malicious Cyber-Enabled Activities,’’ and interests in property are blocked and interests in property are blocked (E.O. 13694, as amended) for being pursuant to E.O. 13848. pursuant to E.O. 13848. owned or controlled by, or having acted Also designated pursuant to section Also designated pursuant to section or purported to act for or on behalf of, 1(a)(iii)(B) E.O. 13694, as amended for l(a)(iii)(C) of E.O. 13694, as amended for directly or indirectly, YEVGENIY having materially assisted, sponsored, being owned or controlled by, or having VIKTOROVICH PRIGOZHIN, a person or provided financial, material, or acted or purported to act for or on behalf whose property and interests in technological support for, or goods or of, directly or indirectly, SECONDEYE property are blocked pursuant to E.O. services to or in support of, YEVGENIY SOLUTION, a person whose property 13694, as amended. VIKTOROVICH PRIGOZHIN, a person and interests in property are blocked Also designated pursuant to section whose property and interests in pursuant E.O. 13694, as amended. l(a)(ii)(C)(2) of Executive Order 13661 of property are blocked pursuant to E.O. 7. HASNAIN, Syed Johar, Karachi, March 16, 2014, ‘‘Blocking Property of 13694, as amended. Pakistan; DOB 30 Dec 1987; nationality Additional Persons Contributing to the Also designated pursuant to section Pakistan; Gender Male; National ID No. Situation in Ukraine,’’ (E.O. 13661) for 1(a)(ii)(D)(2) of E.O. 13661 for having 4220106151401 (Pakistan) (individual) being owned or controlled by, or having materially assisted sponsored, or [CYBER2] [ELECTION–EO13848] acted or purported to act for or on behalf provided financial, material, or (Linked To: SECONDEYE SOLUTION). of, directly or indirectly, YEVGENIY technological support for, or goods or Designated pursuant to section VIKTOROVICH PRIGOZHIN, a person services to or in support of, YEVGENIY 2(a)(iii) of E.O. 13848 for being owned whose property and interests in VIKTOROVICH PRIGOZHIN, a person or controlled by, or having acted or property are blocked pursuant to E.O. whose property and interests in purported to act for or on behalf of, 13661. property are blocked pursuant to E.O. directly or indirectly, SECONDEYE 3. SHCHERBAKOV, Kirill 13661. SOLUTION, a person whose property Konstantinovich, Moscow, Russia; DOB 5. ZUEVA, Mariya Evgenevna (a.k.a. and interests in property are blocked 18 May 1968; POB Russia; nationality ZUEVA, Mariia Yevgenyevna), Moscow, pursuant to E.O. 13848. Russia; Gender Male; Tax ID No. Russia; DOB 28 May 1983; POB Russia; Also designated pursuant to section 774302261730 (Russia) (individual) nationality Russia; Gender Female; Tax l(a)(iii)(C) of E.O. 13694, as amended for [UKRAINE–EO13661] [CYBER2] ID No. 331403452400 (Russia) being owned or controlled by, or having [ELECTION–EO13848] (Linked To: OOO (individual) [UKRAINE–EO13661] acted or purported to act for or on behalf YUNIDZHET). [CYBER2] [ELECTION–EO13848] of, directly or indirectly, SECONDEYE Designated pursuant to section (Linked To: OOO YUNIDZHET). SOLUTION, a person whose property 2(a)(iii) of E.O. 13848 for being owned Designated pursuant to section and interests in property are blocked or controlled by, or having acted or 2(a)(iii) of E.O. 13848 for being owned pursuant E.O. 13694, as amended. purported to act for or on behalf of, or controlled by, or having acted or 8. HAYAT, Muhammad Khizar (a.k.a. directly or indirectly, OOO purported to act for or on behalf of, AL KARBALAI, Muhammad Khizar; YUNIDZHET, a person whose property directly or indirectly, OOO a.k.a. HAYAT JAFFRI, Muhammad and interests in property are blocked YUNIDZHET, a person whose property Khizar; a.k.a. HAYAT, Mohammad pursuant to E.O. 13848. and interests in property are blocked Khizar), Karachi, Pakistan; DOB 14 Jul Also designated pursuant to section pursuant to E.O. 13848. 1994; POB Karachi, Pakistan; nationality l(a)(iii)(C) of E.O. 13694, as amended for Also designated pursuant to section Pakistan; Email Address khizarh11@ being owned or controlled by, or having l(a)(iii)(C) of E.O. 13694, as amended for yahoo.com; alt. Email Address acted or purported to act for or on behalf being owned or controlled by, or having [email protected]; alt. of, directly or indirectly, OOO acted or purported to act for or on behalf Email Address YUNIDZHET, a person whose property of, directly or indirectly, OOO muhammadkhizar.hayatjaffri@ and interests in property are blocked YUNIDZHET, a person whose property yahoo.com; alt. Email Address pursuant to E.O. 13694, as amended. and interests in property are blocked [email protected]; alt. Email Also designated pursuant to section pursuant to E.O. 13694, as amended. Address [email protected]; alt. l(a)(ii)(C)(2) of E.O. 13661 for being Also designated pursuant to section Email Address muhammadkhizarhayat owned or controlled by, or having acted l(a)(ii)(C)(2) of E.O. 13661 for being [email protected]; Gender Male; or purported to act for or on behalf of, owned or controlled by, or having acted Passport EB617700 (Pakistan); National directly or indirectly, OOO or purported to act for or on behalf of, ID No. 4210191597005 (Pakistan) YUNIDZHET, a person whose property directly or indirectly, OOO (individual) [CYBER2] [ELECTION– and interests in property are blocked YUNIDZHET, a person whose property EO13848] (Linked To: SECONDEYE pursuant to E.O. 13661. and interests in property are blocked SOLUTION). 4. STEPANOV, Artem Nikolaevich pursuant to E.O. 13661. Designated pursuant to section (Cyrillic: CNTGFYJD, Fhn=v 6. AHMED, Shahzad (a.k.a. AMIN, 2(a)(iii) of E.O. 13848 for being owned Ybrjkftdbx), Moscow, Russia; DOB 31 Shahzad), Lahore, Pakistan; DOB 14 Dec or controlled by, or having acted or Mar 1980; POB Russia; nationality 1987; nationality Pakistan; Email purported to act for or on behalf of, Russia; Gender Male; Tax ID No. Address [email protected]; alt. directly or indirectly, SECONDEYE 504403080602 (Russia) (individual) Email Address [email protected]; SOLUTION, a person whose property [UKRAINE–EO13661] [CYBER2] Gender Male; National ID No. and interests in property are blocked [ELECTION–EO13848] (Linked To: 3420204688179 (Pakistan) (individual) pursuant to E.O. 13848. PRIGOZHIN, Yevgeniy Viktorovich). [CYBER2] [ELECTION–EO13848] Also designated pursuant to section Designated pursuant to section 2(a)(ii) (Linked To: SECONDEYE SOLUTION). l(a)(iii)(C) of E.O. 13694, as amended for of E.O. 13848 for having materially Designated pursuant to section being owned or controlled by, or having assisted, sponsored, or provided 2(a)(iii) of E.O. 13848 for being owned acted or purported to act for or on behalf financial, material, or technological or controlled by, or having acted or of, directly or indirectly, SECONDEYE support for, or goods or services to or in purported to act for or on behalf of, SOLUTION, a person whose property

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and interests in property are blocked 25 May 1986; nationality Pakistan; 782513941021 (Russia) (individual) pursuant E.O. 13694, as amended. Email Address alimohsin228@ [UKRAINE–EO13661] [CYBER2] 9. RAZA, Mujtaba Ali (a.k.a. LILANI, gmail.com; alt. Email Address [ELECTION–EO13848] (Linked To: Mujtaba Ali; a.k.a. RAZA, Mujtaba), [email protected]; alt. Email PRIGOZHIN, Yevgeniy Viktorovich). Karachi, Pakistan; DOB 21 Oct 1987; Address [email protected]; alt. Designated pursuant to section nationality Pakistan; Email Address Email Address [email protected]; 2(a)(iii) of E.O. 13848 for being owned [email protected]; alt. Email Address alt. Email Address mohsin@ or controlled by, or having acted or [email protected]; Gender Male; forwarderz.com; alt. Email Address purported to act for or on behalf of, Digital Currency Address—XBT [email protected]; Gender directly or indirectly, YEVGENIY 1KSAbh5trMCTZwh Male; National ID No. 4220198261523 VIKTOROVICH PRIGOZHIN, a person iNsuUQvfTtSSTT8zqRk; alt. Digital (Pakistan) (individual) [CYBER2] whose property and interests in Currency Address—XBT [ELECTION–EO13848] (Linked To: property are blocked pursuant to E.O. 1BiUFjzH6wsT73U3 SECONDEYE SOLUTION). 13848. tfy4aXHCQsYQHzjk5h; Digital Currency Designated pursuant to section Also designated pursuant to section Address—LTC LeKvNdNEzg 2(a)(iii) of E.O. 13848 for being owned l(a)(iii)(C) of E.O. 13694, as amended for QkzVVnRdV3fAu2DSF1nLsNw6; Digital or controlled by, or having acted or being owned or controlled by, or having Currency Address—XVG purported to act for or on behalf of, acted or purported to act for or on behalf DFFJhnQNZf8rf directly or indirectly, SECONDEYE of, directly or indirectly, YEVGENIY 67tYnesPu7MuGUpYtzv7Z; National ID SOLUTION, a person whose property VIKTOROVICH PRIGOZHIN, a person No. 4220104113771 (Pakistan) and interests in property are blocked whose property and interests in (individual) [CYBER2] [ELECTION– pursuant to E.O. 13848. property are blocked pursuant to E.O. EO13848] (Linked To: SECONDEYE Also designated pursuant to section 13694, as amended. SOLUTION). l(a)(iii)(C) of E.O. 13694, as amended for Also designated pursuant to section Designated pursuant to section being owned or controlled by, or having l(a)(ii)(C)(2) of E.O. 13661 for being 2(a)(iii) of E.O. 13848 for being owned acted or purported to act for or on behalf owned or controlled by, or having acted or controlled by, or having acted or of, directly or indirectly, SECONDEYE or purported to act for or on behalf of, purported to act for or on behalf of, SOLUTION, a person whose property directly or indirectly, YEVGENIY directly or indirectly, SECONDEYE and interests in property are blocked VIKTOROVICH PRIGOZHIN, a person SOLUTION, a person whose property pursuant E.O. 13694, as amended. whose property and interests in and interests in property are blocked 12. AFANASYEVA, Yulia Andreevna property are blocked pursuant to E.O. pursuant to E.O. 13848. (Cyrillic: FAFYFCMTDF, >kbz 13661. Also designated pursuant to section Fylhttdyf), St. Petersburg, Russia; DOB 14. KILIMNIK, Konstantin l(a)(iii)(C) of E.O. 13694, as amended for 24 Feb 1988; Gender Female; Tax ID No. Viktorovich (Cyrillic: RBKBVYBR, being owned or controlled by, or having 782516327349 (Russia) (individual) Rjycnfynby Dbrnjhjdbx), Moscow, acted or purported to act for or on behalf [UKRAINE–EO13661] [CYBER2] Russia; Kyiv, Ukraine; DOB 27 Apr of, directly or indirectly, SECONDEYE [ELECTION–EO13848]. 1970; POB Kyiv, Ukraine; nationality SOLUTION, a person whose property Designated pursuant to section Ukraine; citizen Ukraine; Gender Male; and interests in property are blocked 2(a)(iii) of E.O. 13848 for being owned Passport 752512703 (Russia) pursuant E.O. 13694, as amended. or controlled by, or having acted or (individual) [UKRAINE–EO13660] 10. RAZA, Syed Ali (a.k.a. RAZA purported to act for or on behalf of, [ELECTION–EO13848] (Linked To: ZAIDI, Syed Ali), Karachi, Pakistan; directly or indirectly, YEVGENIY YANUKOVYCH, Viktor Fedorovych). DOB 15 Oct 1992; nationality Pakistan; VIKTOROVICH PRIGOZHIN, a person Designated pursuant to section 2(a)(i) Email Address syedaliraza940@ whose property and interests in of E.O. 13848 for having directly or gmail.com; alt. Email Address property are blocked pursuant to E.O. indirectly engaged in, sponsored, [email protected]; alt. Email 13848. concealed, or otherwise been complicit Address [email protected]; alt. Also designated pursuant to section in foreign interference in a United States Email Address [email protected]; l(a)(iii)(C) of E.O. 13694, as amended for election. Gender Male; National ID No. being owned or controlled by, or having Designated pursuant to section 1(a)(v) 4220157603253 (Pakistan) (individual) acted or purported to act for or on behalf of Executive Order 13660 of March 6, [CYBER2] [ELECTION–EO13848] of, directly or indirectly, YEVGENIY 2014, ‘‘Blocking Property of Certain (Linked To: SECONDEYE SOLUTION). VIKTOROVICH PRIGOZHIN, a person Persons Contributing to the Situation in Designated pursuant to section whose property and interests in Ukraine,’’ (E.O. 13660) for being owned 2(a)(iii) of E.O. 13848 for being owned property are blocked pursuant to E.O. or controlled by, or having acted or or controlled by, or having acted or 13694, as amended. purported to act for or on behalf of, purported to act for or on behalf of, Also designated pursuant to section directly or indirectly, VIKTOR directly or indirectly, SECONDEYE l(a)(ii)(C)(2) of E.O. 13661 for being FEDOROVYCH YANUKOVYCH, a SOLUTION, a person whose property owned or controlled by, or having acted person whose property and interests in and interests in property are blocked or purported to act for or on behalf of, property are blocked pursuant to E.O. pursuant to E.O. 13848. directly or indirectly, YEVGENIY 13661. Also designated pursuant to section VIKTOROVICH PRIGOZHIN, a person 15. PRIBYSHIN, Taras Kirillovich, St. l(a)(iii)(C) of E.O. 13694, as amended for whose property and interests in Petersburg, Russia; DOB 28 Jun 1991; being owned or controlled by, or having property are blocked pursuant to E.O. nationality Russia; Gender Male acted or purported to act for or on behalf 13661. (individual) [UKRAINE–EO13661] of, directly or indirectly, SECONDEYE 13. BYCHKOV, Pyotr Aleksandrovich [CYBER2] [ELECTION–EO13848] SOLUTION, a person whose property (Cyrillic:

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or controlled by, or having acted or Entities owned or controlled by, or having acted purported to act for or on behalf of, 1. THE FOUNDATION FOR or purported to act for or on behalf of, directly or indirectly, YEVGENIY NATIONAL VALUES PROTECTION directly or indirectly, KIRILL VIKTOROVICH PRIGOZHIN and the (Cyrillic: AJYLF PFOBNS KONSTANTINOVICH SHCHERBAKOV, INTERNET RESEARCH AGENCY LLC, YFWBJYFKMYS{ WTYYJCNTQ) (a.k.a. a person whose property and interests persons whose property and interests in ‘‘FZNC’’), Moscow, Russia; website in property are blocked pursuant to E.O. property are blocked pursuant to E.O. fznc.world [UKRAINE–EO13661] 13661. JJJ 13848. [CYBER2] [ELECTION–EO13848] 3. OOO YUNIDZHET (Cyrillic: Also designated pursuant to section (Linked To: MALKEVICH, Alexander >YBL:TN) (a.k.a. UNIJET; a.k.a. l(a)(iii)(C) of E.O. 13694, as amended for Aleksandrovich; Linked To: ‘‘UNIJET COMPANY LIMITED’’), being owned or controlled by, or having PRIGOZHIN, Yevgeniy Viktorovich). Moscow, Russia; website unijet.ru; acted or purported to act for or on behalf Designated pursuant to section Organization Established Date 10 Dec of, directly or indirectly, YEVGENIY 2(a)(iii) of E.O. 13848 for being owned 2009; Tax ID No. 7703711949 (Russia) VIKTOROVICH PRIGOZHIN and the or controlled by, or having acted or [UKRAINE–EO13661] [CYBER2] INTERNET RESEARCH AGENCY LLC, purported to act for or on behalf of, [ELECTION–EO13848] (Linked To: persons whose property and interests in directly or indirectly, YEVGENIY PRIGOZHIN, Yevgeniy Viktorovich). property are blocked pursuant E.O. VIKTOROVICH PRIGOZHIN and Designated pursuant to section 2(a)(ii) 13694, as amended. ALEXANDER ALEKSANDROVICH of E.O. 13848 for having materially Also designated pursuant to section MALKEVICH, persons whose property assisted, sponsored, or provided l(a)(ii)(C)(2) of E.O. 13661 for being and interests in property are blocked financial, material, or technological owned or controlled by, or having acted pursuant to E.O. 13848. support for, or goods or services to or in or purported to act for or on behalf of, Also designated pursuant to section support of, YEVGENIY VIKTOROVICH directly or indirectly, YEVGENIY l(a)(iii)(C) of E.O. 13694, as amended for PRIGOZHIN, a person whose property VIKTOROVICH PRIGOZHIN, a person being owned or controlled by, or having and interests in property are blocked whose property and interests in acted or purported to act for or on behalf pursuant to E.O. 13848. property are blocked pursuant E.O. of, directly or indirectly, YEVGENIY Also designated pursuant to section 13661. VIKTOROVICH PRIGOZHIN and 1(a)(iii)(B) of E.O. 13694, as amended 16. TYURIN, Denis Valeriyevich ALEXANDER ALEKSANDROVICH for having materially assisted, (Cyrillic: N>HBY, Ltybc Dfkthmtdbx), MALKEVICH, persons whose property sponsored, or provided financial, Moscow, Russia; DOB 01 Apr 1976; POB and interests in property are blocked material, or technological support for, or Russia; nationality Russia; Gender Male pursuant E.O. 13694, as amended. goods or services to or in support of, (individual) [NPWMD] [CYBER2] Also designated pursuant to section YEVGENIY VIKTOROVICH [CAATSA—RUSSIA] (Linked To: MAIN l(a)(ii)(C)(2) of E.O. 13661 for being PRIGOZHIN, a person whose property INTELLIGENCE DIRECTORATE). owned or controlled by, or having acted and interests in property are blocked Designated pursuant to section or purported to act for or on behalf of, pursuant to E.O. 13694, as amended. 1(a)(iii)(C) of E.O. 13694, as amended, directly or indirectly, YEVGENIY Also designated pursuant to section for being owned or controlled by, or VIKTOROVICH PRIGOZHIN and 1(a)(ii)(D)(2) of E.O. 13661 for having having acted or purported to act for or ALEXANDER ALEKSANDROVICH materially assisted sponsored, or on behalf of, directly or indirectly, the MALKEVICH, persons whose property provided financial, material, or Russian MAIN INTELLIGENCE and interests in property are blocked technological support for, or goods or DIRECTORATE, a person whose pursuant E.O. 13661. services to or in support of, YEVGENIY 2. OOO ALKON (a.k.a. ‘‘LIMITED property and interests in property are VIKTOROVICH PRIGOZHIN, a person LIABILITY COMPANY ALKON’’), blocked pursuant to E.O. 13694, as whose property and interests in Moscow, Russia; Organization amended. property are blocked pursuant to E.O. Established Date 07 Jul 2006; Tax ID No. 13661. Also designated pursuant to section 7703599373 (Russia) [UKRAINE– 224(a)(1)(B) of the Countering America’s EO13661] [CYBER2] [ELECTION– 4. NEWSFRONT, Ukraine; website Adversaries Through Sanctions Act, EO13848] (Linked To: SHCHERBAKOV, news-front.info; Organization Type: Public Law 115–44, (CAATSA), for Kirill Konstantinovich). News agency activities [NPWMD] being owned or controlled by, or having Designated pursuant to section [CYBER2] [CAATSA—RUSSIA] acted or purported to act for or on behalf 2(a)(iii) of E.O. 13848 for being owned [ELECTION–EO13848] (Linked To: of, directly or indirectly, the Russian or controlled by, or having acted or FEDERAL SECURITY SERVICE). MAIN INTELLIGENCE DIRECTORATE, purported to act for or on behalf of, Designated pursuant to section a person designated under Section directly or indirectly, KIRILL l(a)(iii)(C) of E.O. 13694, as amended for 224(a)(1)(A) of CAATSA. KONSTANTINOVICH SHCHERBAKOV, being owned or controlled by, or having Also designated pursuant to section a person whose property and interests acted or purported to act for or on behalf 1(a)(iv) of Executive Order 13382 of in property are blocked pursuant to E.O. of, directly or indirectly, the FEDERAL June 28, 2005, ‘‘Blocking Property of 13848. SECURITY SERVICE, a person whose Weapons of Mass Destruction Also designated pursuant to section property and interests in property are Proliferators and their Supporters,’’ 70 l(a)(iii)(C) of E.O. 13694, as amended for blocked pursuant to E.O. 13694, as FR 38567, CFR 3, 2006 Comp., p. 170 being owned or controlled by, or having amended. (E.O. 13382), for being owned or acted or purported to act for or on behalf Also designated pursuant to section controlled by, or having acted or of, directly or indirectly, KIRILL 224(a)(1)(B) of the Countering America’s purported to act for or on behalf of, KONSTANTINOVICH SHCHERBAKOV, Adversaries Through Sanctions Act, directly or indirectly, the MAIN a person whose property and interests Public Law 115–44, (CAATSA), for INTELLIGENCE DIRECTORATE, a in property are blocked pursuant to E.O. being owned or controlled by, or having person whose property and interests in 13694, as amended. acted or purported to act for or on behalf property are blocked pursuant to E.O. Also designated pursuant to section of, directly or indirectly, the Russian 13382. l(a)(ii)(C)(2) of E.O. 13661 for being FEDERAL SECURITY SERVICE, a

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person designated under Section Designated pursuant to section Digital Currency Address—LTC 224(a)(1)(A) of CAATSA. 2(a)(iii) of E.O. 13848 for being owned LQAhYwwK5AR1JQiQPr7vu8Pu4b6 Also designated pursuant to section or controlled by, or having acted or qcxxvNB; alt. Digital Currency 1(a)(iii) of E.O. 13382, for being owned purported to act for or on behalf of, Address—LTC LgwmgYnraU2u or controlled by, or having acted or directly or indirectly, MUJTABA ALI BWHVFUDgAmFCPYj5Yw8C9L; alt. purported to act for or on behalf of, RAZA and MOSHIN RAZA, persons Digital Currency Address—LTC directly or indirectly, the FEDERAL whose property and interests in LeKvNdNEzgQkzVVnRdV3fAu2DSF1n SECURITY SERVICE, a person whose property are blocked pursuant to E.O. LsNw6; Digital Currency Address—BCH property and interests in property are 13848. 18M8bJWMzWHDBMxoLqjHHAffd blocked pursuant to E.O. 13382. Also designated pursuant to section Ry4SrzkfB [CYBER2] [ELECTION– 5. FRESH AIR FARM HOUSE (a.k.a. l(a)(iii)(C) of E.O. 13694, as amended for EO13848] (Linked To: INTERNET FRESH AIR FARM HOUSE KARACHI), being owned or controlled by, or having RESEARCH AGENCY LLC). Karachi, Pakistan; Phone Number acted or purported to act for or on behalf Designated pursuant to section 923453272659; alt. Phone Number of, directly or indirectly, MUJTABA ALI 2(a)(iii) of E.O. 13848 for being owned 923209299030 [CYBER2] [ELECTION– RAZA and MOSHIN RAZA, persons or controlled by, or having acted or EO13848] (Linked To: RAZA, Mohsin; whose property and interests in purported to act for or on behalf of, Linked To: RAZA, Mujtaba Ali). property are blocked pursuant E.O. directly or indirectly, the INTERNET Designated pursuant to section 13694, as amended. RESEARCH AGENCY LLC, a person 2(a)(iii) of E.O. 13848 for being owned 8. SECONDEYE SOLUTION (a.k.a. whose property and interests in or controlled by, or having acted or FORWARDERZ), Karachi, Pakistan; property are blocked pursuant to E.O. purported to act for or on behalf of, website secondeyesolution.su; alt. 13848. directly or indirectly, MUJTABA ALI website secondeyesolution.ch; alt. Also designated pursuant to section website secondeyesolution.ru; alt. l(a)(iii)(C) of E.O. 13694, as amended for RAZA and MOSHIN RAZA, persons website secondeyesolution.com; alt. being owned or controlled by, or having whose property and interests in website forwarderz.com; alt. website acted or purported to act for or on behalf property are blocked pursuant to E.O. secondeyehost.com; Email Address of, directly or indirectly, the INTERNET 13848. [email protected]; alt. RESEARCH AGENCY LLC, a person Also designated pursuant to section Email Address [email protected]; whose property and interests in l(a)(iii)(C) of E.O. 13694, as amended for alt. Email Address forwarderz@ property are blocked pursuant E.O. being owned or controlled by, or having yahoo.com; alt. Email Address 13694, as amended. acted or purported to act for or on behalf [email protected]; alt. Email 9. THE OXYTECH, Karachi, Pakistan; of, directly or indirectly, MUJTABA ALI Address [email protected]; website theoxytech.com; Email Address RAZA and MOSHIN RAZA, persons alt. Email Address support@secondeye [email protected] [CYBER2] whose property and interests in host.com; Digital Currency Address— [ELECTION–EO13848] (Linked To: property are blocked pursuant E.O. XBT 1NE2NiGhhbkFPSEyNW RAZA, Mujtaba Ali; Linked To: RAZA, 13694, as amended. wj7hKGhGDedBtSrQ; alt. Digital Mohsin). 6. LIKE WISE, Shop No 5, Jamshed Currency Address—XBT 19D8PHBj Designated pursuant to section Quarter, Karachi, Pakistan; Phone ZH29uS1uPZ4m3sVyqqfF8UFG9o; alt. 2(a)(iii) of E.O. 13848 for being owned Number 923452179668; Registration Digital Currency Address—XBT or controlled by, or having acted or Number 4220198261523 (Pakistan) 1EYitrwBYNWuTBcjZFbEUdqH purported to act for or on behalf of, [CYBER2] [ELECTION–EO13848] ppe2raLpaF; alt. Digital Currency directly or indirectly, MUJTABA ALI (Linked To: RAZA, Mohsin; Linked To: Address—XBT 1G9CKRHA3mx22DoT1 RAZA and MOSHIN RAZA, persons RAZA, Mujtaba Ali). QyNYrh85VSQ19Y1em; alt. Digital whose property and interests in Designated pursuant to section Currency Address—XBT 182NGZb property are blocked pursuant to E.O. 2(a)(iii) of E.O. 13848 for being owned PJXwg2WDrhrPpR7tpiGQkNPF844; alt. 13848. or controlled by, or having acted or Digital Currency Address—XBT Also designated pursuant to section purported to act for or on behalf of, 1NayLEVF3bEEbDtdF2Cwso1VdEtv l(a)(iii)(C) of E.O. 13694, as amended for directly or indirectly, MUJTABA ALI VNh2qX; alt. Digital Currency being owned or controlled by, or having RAZA and MOSHIN RAZA, persons Address—XBT 16PhXY3hNNMTo acted or purported to act for or on behalf whose property and interests in 8kpuJx2emh713KbWpkqci; alt. Digital of, directly or indirectly, MUJTABA ALI property are blocked pursuant to E.O. Currency Address—XBT 1GqChmWqGt RAZA and MOSHIN RAZA, persons 13848. saLrGbHfgdrV5Nkvahtjjuxr; alt. Digital whose property and interests in Also designated pursuant to section Currency Address—XBT property are blocked pursuant E.O. l(a)(iii)(C) of E.O. 13694, as amended for 18Ke1QWE9nQfXuhJijHggZuPJ5ZY 13694, as amended. being owned or controlled by, or having xapoBK; alt. Digital Currency Address— 10. SOUTHFRONT (a.k.a. SOUTH acted or purported to act for or on behalf XBT 1QJUiNsNfji6mR1FjAwf FRONT; a.k.a. SOUTHFRONT: of, directly or indirectly, MUJTABA ALI 6Eg9NxxHPoxpWL; alt. Digital Currency ANALYSIS & INTELLIGENCE), Russia; RAZA and MOSHIN RAZA, persons Address—XBT 1DtGgdCi9VPKz2Bpq website southfront.org; Digital Currency whose property and interests in 8GQhUQEPnQ5HwaT9n; Digital Address—XBT 3Gbs4rjc property are blocked pursuant E.O. Currency Address—ETH VUtQd8p3CiFUCxPLZwRqurezRZ; 13694, as amended. 0x1da5821544e25c636c1417ba96 Digital Currency Address—ETH 7. MKSOFTTECH, Karachi, Pakistan; ade4cf6d2f9b5a; alt. Digital Currency 0x9f4cda013e354b8fc285bf4b9a60460 631–C, 6th Floor, Mashriq Center, Address—ETH 0x7Db418b5D567A4e cee7f7ea9; Organization Type: News Stadium Road, Karachi, Pakistan; 0E8c59Ad71BE1FcE48f3E6107; alt. agency activities; Digital Currency website mksofttech.com; Email Address Digital Currency Address—ETH Address—BCH qpf2cphc5 [email protected] [CYBER2] 0x72a5843cc08275C8171E582972Aa dkuclkqur7lhj2yuqq9pk3hmukle77vhq [ELECTION–EO13848] (Linked To: 4fDa8C397B2A; alt. Digital Currency [NPWMD] [CYBER2] [ELECTION– RAZA, Mohsin; Linked To: RAZA, Address—ETH 0x7F19720A857 EO13848] (Linked To: FEDERAL Mujtaba Ali). F834887FC9A7bC0a0fBe7Fc7f8102; SECURITY SERVICE).

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Designated pursuant to section 2(a)(i) or purported to act for or on behalf of, PRIGOZHIN, a person whose property of E.O. 13848 for having directly or directly or indirectly, YEVGENIY and interests in property are blocked indirectly engaged in, sponsored, VIKTOROVICH PRIGOZHIN, a person pursuant to E.O. 13694, as amended. concealed, or otherwise been complicit whose property and interests in Also designated pursuant to section in foreign interference in a United States property are blocked pursuant to E.O. 1(a)(ii)(D)(2) of E.O. 13661 for having election. 13661. materially assisted sponsored, or Also designated pursuant to section 13. INTERNATIONAL ANTICRISIS provided financial, material, or 1(a)(iii)(B) of E.O. 13694, as amended, CENTER (Cyrillic: VT:LEYFHJLYSQ technological support for, or goods or for having materially assisted, FYNBRHBPBCYSQ WTYNH), Russia; services to or in support of, YEVGENIY sponsored or provided financial, website anticrisis.cc; Email Address VIKTOROVICH PRIGOZHIN, a person material, or technological support for, or [email protected] [UKRAINE–EO13661] whose property and interests in goods or services to or in support of, the [CYBER2] [ELECTION–EO13848] property are blocked pursuant to E.O. FEDERAL SECURITY SERVICE, a (Linked To: PRIGOZHIN, Yevgeniy 13661. person whose property and interests in Viktorovich). 15. IA INFOROS, OOO (Cyrillic: JJJ property are blocked pursuant to E.O. Designated pursuant to section BF BYAJHJC) (a.k.a. INFOROS 13694, as amended. 2(a)(iii) of E.O. 13848 for being owned INFORMATION AGENCY, CO, LTD.; Also designated pursuant to section or controlled by, or having acted or a.k.a. NEWS AGENCY INFOROS), 1(a)(iii) of E.O. 13382, for being owned purported to act for or on behalf of, Moscow, Russia; website inforos.ru; or controlled by, or having acted or directly or indirectly, YEVGENIY Organization Type: News agency purported to act for or on behalf of, VIKTOROVICH PRIGOZHIN, a person activities; Tax ID No. 5025021509 directly or indirectly, the FEDERAL whose property and interests in (Russia) [NPWMD] [CYBER2] SECURITY SERVICE, a person whose property are blocked pursuant to E.O. [CAATSA—RUSSIA] (Linked To: MAIN property and interests in property are 13848. INTELLIGENCE DIRECTORATE). Also designated pursuant to section blocked pursuant to E.O. 13382. Designated pursuant to section 11. THE STRATEGIC CULTURE l(a)(iii)(C) of E.O. 13694, as amended for 1(a)(iii)(C) of E.O. 13694, as amended, FOUNDATION (Cyrillic: AJYL being owned or controlled by, or having for being owned or controlled by, or CNHFNTUBXTCRJQ REKMNEHS), acted or purported to act for or on behalf having acted or purported to act for or Russia; website strategic-culture.org; of, directly or indirectly, YEVGENIY on behalf of, directly or indirectly, the Organization Type: News agency VIKTOROVICH PRIGOZHIN, a person Russian MAIN INTELLIGENCE activities [ELECTION–EO13848]. whose property and interests in Designated pursuant to section 2(a)(i) property are blocked pursuant to E.O. DIRECTORATE, a person whose of E.O. 13848 for having directly or 13694, as amended. property and interests in property are indirectly engaged in, sponsored, Also designated pursuant to section blocked pursuant to E.O. 13694, as concealed, or otherwise been complicit l(a)(ii)(C)(2) of E.O. 13661 for being amended. in foreign interference in a United States owned or controlled by, or having acted Also designated pursuant to section election. or purported to act for or on behalf of, 224(a)(1)(B) of the Countering America’s 12. ASSOCIATION FOR FREE directly or indirectly, YEVGENIY Adversaries Through Sanctions Act, RESEARCH AND INTERNATIONAL VIKTOROVICH PRIGOZHIN, a person Public Law 115–44, (CAATSA), for COOPERATION (a.k.a. ‘‘AFRIC’’), whose property and interests in being owned or controlled by, or having Russia; Email Address Africonline@ property are blocked pursuant to E.O. acted or purported to act for or on behalf protonmail.com; Digital Currency 13661. of, directly or indirectly, the Russian Address—ZEC t1MMXtBrSp1XG38 14. TRANS LOGISTIK, OOO (Cyrillic: MAIN INTELLIGENCE DIRECTORATE, Lx9cePcNUCJj5vdWfUWL; Digital OOO NHFYC KJUBCNBR) (a.k.a. a person designated under Section Currency Address—DASH XyARKoupu ‘‘TRANS LOGISTIC’’), d. 37 litera A 224(a)(1)(A) of CAATSA. ArYtToA2S6yMdnoquDCDaBsaT etazh, pom., ofis 2/66/215, prospekt Also designated pursuant to section [UKRAINE–EO13661] [CYBER2] Stachek, St. Petersburg 198097, Russia; 1(a)(iv) of E.O. 13382, for being owned [ELECTION–EO13848] (Linked To: Tax ID No. 7805719070 (Russia); or controlled by, or having acted or PRIGOZHIN, Yevgeniy Viktorovich). Government Gazette Number 20567335 purported to act for or on behalf of, Designated pursuant to section (Russia); Registration Number directly or indirectly, the MAIN 2(a)(iii) of E.O. 13848 for being owned 1177847397848 (Russia) [UKRAINE– INTELLIGENCE DIRECTORATE, a or controlled by, or having acted or EO13661] [CYBER2] [ELECTION– person whose property and interests in purported to act for or on behalf of, EO13848] (Linked To: PRIGOZHIN, property are blocked pursuant to E.O. directly or indirectly, YEVGENIY Yevgeniy Viktorovich). 13382. VIKTOROVICH PRIGOZHIN, a person Designated pursuant to section 2(a)(ii) 16. INFOROS, OOO (Cyrillic: JJJ BF whose property and interests in of E.O. 13848 for having materially BYAJHJC), Moscow, Russia; property are blocked pursuant to E.O. assisted, sponsored, or provided Organization Type: News agency 13848. financial, material, or technological activities; Identification Number Also designated pursuant to section support for, or goods or services to or in 7727214569 (Russia) [NPWMD] l(a)(iii)(C) of E.O. 13694, as amended for support of, YEVGENIY VIKTOROVICH [CYBER2] [CAATSA—RUSSIA] (Linked being owned or controlled by, or having PRIGOZHIN, a person whose property To: MAIN INTELLIGENCE acted or purported to act for or on behalf and interests in property are blocked DIRECTORATE). of, directly or indirectly, YEVGENIY pursuant to E.O. 13848. Designated pursuant to section VIKTOROVICH PRIGOZHIN, a person Also designated pursuant to section 1(a)(iii)(C) of E.O. 13694, as amended, whose property and interests in 1(a)(iii)(B) of E.O. 13694, as amended for being owned or controlled by, or property are blocked pursuant to E.O. for having materially assisted, having acted or purported to act for or 13694, as amended. sponsored, or provided financial, on behalf of, directly or indirectly, the Also designated pursuant to section material, or technological support for, or Russian MAIN INTELLIGENCE l(a)(ii)(C)(2) of E.O. 13661 for being goods or services to or in support of, DIRECTORATE, a person whose owned or controlled by, or having acted YEVGENIY VIKTOROVICH property and interests in property are

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blocked pursuant to E.O. 13694, as DEPARTMENT OF THE TREASURY 202–622–2480; Associate Director for amended. Global Targeting, tel.: 202–622–2420; Also designated pursuant to section Office of Foreign Assets Control Assistant Director for Licensing, tel.: 224(a)(1)(B) of the Countering America’s 202–622–2480; Assistant Director for Notice of OFAC Sanctions Actions Adversaries Through Sanctions Act, Regulatory Affairs, tel.: 202–622–4855; Public Law 115–44, (CAATSA), for AGENCY: Office of Foreign Assets or the Assistant Director for Sanctions being owned or controlled by, or having Control, Treasury. Compliance & Evaluation, tel.: 202–622– acted or purported to act for or on behalf ACTION: Notice. 2490. of, directly or indirectly, the Russian MAIN INTELLIGENCE DIRECTORATE, SUMMARY: The U.S. Department of the SUPPLEMENTARY INFORMATION: a person designated under Section Treasury’s Office of Foreign Assets Electronic Availability 224(a)(1)(A) of CAATSA. Control (OFAC) is publishing the names Also designated pursuant to section of one or more persons that have been The Specially Designated Nationals 1(a)(iv) of E.O. 13382, for being owned placed on OFAC’s Specially Designated and Blocked Persons List and additional or controlled by, or having acted or Nationals and Blocked Persons List information concerning OFAC sanctions purported to act for or on behalf of, (SDN List) based on OFAC’s programs are available on OFAC’s directly or indirectly, the MAIN determination that one or more website (www.treasury.gov/ofac). INTELLIGENCE DIRECTORATE, a applicable legal criteria were satisfied. person whose property and interests in All property and interests in property Notice of OFAC Action[s] property are blocked pursuant to E.O. subject to U.S. jurisdiction of these 13382. persons are blocked, and U.S. persons On April 15, 2021, OFAC determined Dated: April 15, 2021. are generally prohibited from engaging that the property and interests in Bradley T. Smith, in transactions with them. property subject to U.S. jurisdiction of Acting Director, Office of Foreign Assets DATES: See SUPPLEMENTARY INFORMATION the following persons are blocked under Control. section for effective date(s). the relevant sanctions authorities listed [FR Doc. 2021–08087 Filed 4–19–21; 8:45 am] FOR FURTHER INFORMATION CONTACT: below. BILLING CODE 4810–AL–P BILLING CODE 4810–AL–P OFAC: Andrea Gacki, Director, tel.:

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Entities

1. AKTSIONERNOE OBSHCHESTVO AST (Cyrillic: AKQIIOHEPHOE OEmECTBO ACT) (a.k.a. AST, AO), d. 3k2 str. 4 etazh 5 kom. 55, shosse Kashirskoe, Moscow 115230, Russia; Tax ID No. 7724244406 (Russia) [NPWMD] [CYBER2] [CAATSA­ RUSSIA] [RUSSIA-BO].

Designated pursuant to section l(a)(i) Executive Order (E.O.) of April 15, 2021, "Blocking Property with Respect to Specified Harmful Foreign Activities of the Government of the Russian Federation," (E.O. of April 15, 2021) for operating or having operated in the technology sector or the defense and related materiel sector of the Russian Federation economy.

Also designated pursuant to section l(a)(iii)(C) ofE.O. 13694, as amended for having materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, the Russian FEDERAL SECURITY SERVICE, a person whose property and interests in property are blocked pursuant to E.O. 13694, as amended.

Also designated pursuant to section l(a)(iii)(C) ofE.O. 13694, as amended for having materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, the Russian MAIN INTELLIGENCE DIRECTORATE, a person whose property and interests in property are blocked pursuant to E.O. 13694, as amended.

Also designated pursuant to section 224(a)(l)(B) of the Countering America's Adversaries Through Sanctions Act, Public Law 115-44, (CAATSA), for being owned or controlled by, or having acted or purported to act for or on behalf of, directly or indirectly, the Russian FEDERAL SECURITY SERVICE, a person designated under Section 224(a)(l)(A) of CAATSA.

Also designated pursuant to section 224(a)(l)(B) of the Countering America's Adversaries Through Sanctions Act, Public Law 115-44, (CAATSA), for being owned or controlled by, or having acted or purported to act for or on behalf of, directly or indirectly, the Russian MAIN INTELLIGENCE DIRECTORATE, a person designated under Section 224(a)(l)(A) of CAATSA.

Also designated pursuant to section l(a)(iv) ofE.O. 13382, for being owned or controlled by, or having acted or purported to act for or on behalf of, directly or indirectly, the FEDERAL SECURITY SERVICE, a person whose property and interests in property are blocked pursuant to E.O. 13382.

Also designated pursuant to section l(a)(iv) ofE.O. 13382, for being owned or controlled by, or having acted or purported to act for or on behalf of, directly or indirectly, the MAIN INTELLIGENCE DIRECTORATE, a person whose property and interests in property are blocked pursuant to E.O. 13382.

2. OBSHCHESTVO S OGRANICHENNOI OTVETSTVENNOSTYU NEOBIT (Cyrillic: OEmECTBO C OrPAHWIEHHOH OTBETCTBEHHOCThIO HEOEHT) (a.k.a. NEOBIT, 000), d. 21 litera G, ul. Gzhatskaya, St. Petersburg 195220, Russia; Tax ID No. 7804360292 (Russia) [NPWMD] [CYBER2] [CAATSA - RUSSIA] [RUSSIA-BO]

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(Li11ked To: FEDERAL SECURITY SERVICE; Linked To: MAIN INTELLIGENCE DIRECTORATE).

Designated pursuant to section l(a)(i) ofE.O. of April 15, 2021 for operating or having operated in the technology sector or the defense and related materiel sector of the Russian Federation economy.

Also designated pursuant to section l(a)(iii)(C) of E.O. 13694, as amended for having materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, the Russian FEDERAL SECURITY SERVICE, a person whose property and interests in property are blocked pursuant to E.O. 13694, as amended.

Also designated pursuant to section l(a)(iii)(C) of E.O. 13694, as amended for having materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, the Russian MAIN INTELLIGENCE DIRECTORATE, a person whose property and interests in property are blocked pursuant to E.O. 13694, as amended.

Also designated pursuant to section 224(a)(l )(B) of the Countering America's Adversaries Through Sanctions Act, Public Law 115-44, (CAATSA), for being owned or controlled by, or having acted or purported to act for or on behalf of, directly or indirectly, the Russian FEDERAL SECURITY SERVICE, a person designated under Section 224(a)(l)(A) of CAATSA.

Also designated pursuant to section 224(a)(l)(B) of the Countering America's Adversaries Through Sanctions Act, Public Law 115-44, (CAATSA), for being owned or controlled by, or having acted or purported to act for or on behalf of, directly or indirectly, the Russian MAIN INTELLIGENCE DIRECTORATE, a person designated under Section 224(a)(l)(A) of CAATSA.

Also designated pursuant to section l(a)(iv) ofE.O. 13382, for being owned or controlled by, or having acted or purported to act for or on behalf of, directly or indirectly, the FEDERAL SECURITY SERVICE, a person whose property and interests in property are blocked pursuant to E.O. 13382.

Also designated pursuant to section l(a)(iv) ofE.O. 13382, for being owned or controlled by, or having acted or purported to act for or on behalf of, directly or indirectly, the MAIN INTELLIGENCE DIRECTORATE, a person whose property and interests in property are blocked pursuant to E.O. 13382.

3. AKTSIONERNOE OBSHCHESTVO POZITIV TEKNOLODZHIZ (Cyrillic: AKUHOHEPHOE OEI.QECTBO I1O3IITIIB TEKHOJIO)J)KII3) (a.k.a. JSC POSITIVE TECHNOLOGIES; a.k.a. POZITIV TEKNOLODZHIZ, AO), d. 23A porn. V kom, 30, shosse Shchelkovskoe, Moscow 107241, Russia; Website www.ptsecurity.ru; alt. Website www.ptsecurity.com; Tax ID No. 7718668887 (Russia) [NPWMD] [CYBER2] [CAATSA- RUSSIA] [RUSSIA-EO] (Linked To: FEDERAL SECURITY SERVICE).

Designated pursuant to section l(a)(i) ofE.O. of April 15, 2021 for operating or having operated in the technology sector or the defense and related materiel sector of the Russian Federation economy.

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Also designated pursuant to section l(a)(iii)(C) ofE.O. 13694, as amended for having materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, FEDERAL SECURITY SERVICE, a person whose property and interests in property are blocked pursuant to E.O. 13694, as amended.

Also designated pursuant to section 224(a)(l)(B) of the Countering America's Adversaries Through Sanctions Act, Public Law 115-44, (CAATSA), for being owned or controlled by, or having acted or purported to act for or on behalf of, directly or indirectly, the Russian FEDERAL SECURITY SERVICE, a person designated under Section 224(a)(l)(A) of CAATSA.

Also designated pursuant to section l(a)(iv) ofE.O. 13382, for being owned or controlled by, or having acted or purported to act for or on behalf of, directly or indirectly, the FEDERAL SECURITY SERVICE, a person whose property and interests in property are blocked pursuant to E.O. 13382.

4. FEDERAL STATE AUTONOMOUS INSTITUTION MILITARY INNOVATIVE TECHNOPOLIS ERA (Cyrillic: EAEPAJihHOE rOCY)];APCTBEHHOE ABTOHOMHOE yqpE)K)],EHllE "BOEHHbI.11 HHHOBAU,11OHHbI11 TEXHOIIOJIHC 3PA; Cyrillic: rAYBlfT 3PA; Cyrillic: TEXHOPOJIHC 3PA; Cyrillic: BOEHHbI11HHHOBAU,11OHHbI11 TEXHOPOJIHC 3PA) (a.k.a. ERA MILITARY INNOVATION TECHNOPOLIS; a.k.a. FGAU VIT ERA), Pionerskiy Prospekt, 41, Anapa, Krasnodar Krai 353456, Russia; Website www.era-tehnopolis.ru; Email Address [email protected]; Tax ID No. 2539025440 (Russia) [RUSSIA-EO].

Designated pursuant to section l(a)(i) ofE.O. of April 15, 2021 for operating or having operated in the technology sector or the defense and related materiel sector of the Russian Federation economy.

5. AKTSIONERNOE OBSHCHESTVO PASIT (Cyrillic: AKI.zylOHEPHOE OlilllECTBO IIAClfT) (a.k.a. PASIT, AO), Avenue Leninsky, Building 30, Premise IA, Moscow 11934, Russia; Tax ID No. 7736185530 (Russia) [RUSSIA-EO].

Designated pursuant to section l(a)(i) ofE.O. of April 15, 2021 for operating or having operated in the technology sector or the defense and related materiel sector of the Russian Federation economy.

6. FEDERAL STATE AUTONOMOUS SCIENTIFIC ESTABLISHMENT SCIENTIFIC RESEARCH INSTITUTE SPECIALIZED SECURITY COMPUTING DEVICES AND AUTOMATION (Cyrillic: EAEPAJihHOE rOCY)];APCTBEHHOE ABTOHOMHOE HAY1IHOE yqpE)K)],EHllE HAY1IHO-lfCCJIE)];OBATEJihCKlf.11 lfHClliTYT CIIEI.zylAJIH3lfPOBAHHbIE BhlllliCJIHTEJihHblE YCTPOHCTBA 3AIWITbI If ABTOMATlfKA) (a.k.a. FGANU NII SPECVUZAVTOMATIKA), Rostov-On-Don, Russia; Tax ID No. 6164205270 (Russia) [RUSSIA-EO].

Designated pursuant to section l(a)(i) ofE.O. of April 15, 2021 for operating or having operated in the technology sector or the defense and related materiel sector of the Russian Federation economy.

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Dated: April 15, 2021. of one or more persons that have been or the Assistant Director for Sanctions Bradley T. Smith, placed on OFAC’s Specially Designated Compliance & Evaluation, tel.: 202–622– Acting Director, Office of Foreign Assets Nationals and Blocked Persons List 2490. Control, U.S. Department of the Treasury. (SDN List) based on OFAC’s SUPPLEMENTARY INFORMATION: [FR Doc. 2021–08088 Filed 4–19–21; 8:45 am] determination that one or more Electronic Availability BILLING CODE 4810–AL–C applicable legal criteria were satisfied. All property and interests in property The Specially Designated Nationals subject to U.S. jurisdiction of these and Blocked Persons List and additional DEPARTMENT OF THE TREASURY persons are blocked, and U.S. persons information concerning OFAC sanctions are generally prohibited from engaging programs are available on OFAC’s Office of Foreign Assets Control in transactions with them. website (www.treasury.gov/ofac). DATES: See SUPPLEMENTARY INFORMATION Notice of OFAC Sanctions Actions section for effective date(s). Notice of OFAC Action[s] AGENCY: Office of Foreign Assets FOR FURTHER INFORMATION CONTACT: On April 15, 2021, OFAC determined Control, Treasury. OFAC: Andrea Gacki, Director, tel.: that the property and interests in ACTION: Notice. 202–622–2480; Associate Director for property subject to U.S. jurisdiction of Global Targeting, tel.: 202–622–2420; the following persons are blocked under SUMMARY: The U.S. Department of the Assistant Director for Licensing, tel.: the relevant sanctions authorities listed Treasury’s Office of Foreign Assets 202–622–2480; Assistant Director for below. Control (OFAC) is publishing the names Regulatory Affairs, tel.: 202–622–4855; BILLING CODE 4810–A2–P

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Individuals:

1. KULINICH, Larisa Vitalievna (Cyrillic: KY.JIMHWI, JiapHca BMTaJiheBHa) (a.k.a. KULINICH, Larisa (Cyrillic: KY.JIMHWI, JiapHca)), Simferopol, Crimea, Ukraine; DOB 02 Mar 1976; POB Ostapovka, Mirgorod District, Poltava Oblast, Ukraine; nationality Ukraine; alt. nationality Russia; Gender Female (individual) [UKRAINE-BO13660].

Designated pursuant to l(a)(ii) ofBxecutive Order 13660 of March 6, 2014, "Blocking Property of Certain Persons Contributing to the Situation in Ukraine," 79 FR 13493 (E.O. 13660), for having asserted governmental authority over any part or region of Ukraine without the authorization of the Government of Ukraine.

2. RYZHENKIN, Leonid Kronidovich (Cyrillic: PbDKEHbKMH, JieoHM,ll; KpoHM,ll;OBHq) (a.k.a. RIZHENKIN, Leonid; a.k.a. RYZHENKIN, Leonid (Cyrillic: PbDKEHbKMH, JieoHH,n)), Moscow, Russia; DOB 10 Nov 1967; POB St. Petersburg, Russia; nationality Russia; Gender Male; Passport 722706177 (individual) [UKRAINE-BO13685].

Designated pursuant to 2(a)(ii) ofBxecutive Order 13685 of December 19, 2014, "Blocking Property of Certain Persons and Prohibiting Certain Transactions With Respect to the Crimea Region of Ukraine," 79 FR 77357 (E.O. 13685), for being a leader of an entity operating in the Crimea region of Ukraine.

3. KARANDA, Pavel Leonidovich (Cyrillic: KAPA.HM, IlaaeJI JieoHM,ll;OBHq), Crimea, Ukraine; DOB 1964; POB Omsk, Russia; nationality Russia; Gender Male (individual) [UKRAINE-BO 13660].

Designated pursuant to l(a)(ii) ofB.O. 13660 for having asserted governmental authority over any part or region of Ukraine without the authorization of the Government of Ukraine.

4. TBRENTIEV, Vladimir Nikolaevich (Cyrillic: TEPBHThBB, BJia,n;MMHp HMKOJiaeBJiq) (a.k.a. TBRENTIEV, Vladimir (Cyrillic: TBPBHTbBB, BJia,n;MMHp)), Crimea, Ukraine; DOB 11 Nov 1977; POB Voronezh, Russian Federation; nationality Russia; Gender Male (individual) [UKRAINE-BO 13660].

Designated pursuant to l(a)(ii) ofB.O. 13660 for having asserted governmental authority over any part or region of Ukraine without the authorization of the Government of Ukraine.

5. MIKHAILIUK, Leonid (Cyrillic: MHXAHJIIOK, JieoHM,ll;) (a.k.a. MIHAJLYUK, Leonid Vladimirovich (Cyrillic: MMXAHJIIOK, JieoHM,n; Brra,n;MMHpoaHq)), Franco Boulevard, House. 13, Simferopol, Crimea 295034, Ukraine; DOB 01 Jan 1970; nationality Russia; Gender Male (individual) [UKRAINE-BO13660].

Designated pursuant to l(a)(ii) ofE.O. 13660 for having asserted governmental authority over any part or region of Ukraine without the authorization of the Government of Ukraine.

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Entities:

1. FEDERAL GOVERNMENT INSTITUTION PRETRIAL DETENTION CENTER NO 1 OF THE DIRECTORATE OF THE FEDERAL PENITENTIARY SERVICE FOR THE REPUBLIC OF CRIMEA AND SEVASTOPOL (Cyrillic: EAE;PAJibHOE KA3EHHOE Y1IPE)l()J;EHME CJIE)J;CTBEHHblli II3OIDITOP NO 1 YI1P ABJIEHIDI EAE;P AJibHOH CJIY)lffibI IICITOJIHEHIDI HAKA3AHIIM ITO PECIIYli.JilIKE KPbIM II r. CEBACTOITOJIIO) (a.k.a. DETENTION CENTER NO 1 IN SIMFEROPOL; a.k.a. FKU SIZO-1 UFSIN OF RUSSIA FOR THE REPUBLIC OF CRIMEA AND SEVASTOPOL (Cyrillic: KY CII3O-1 YCIIH POCCIIII ITO PECIIYli.JilIKE KPbIM II r. CEBACTOITOJIIO); a.k.a. SIMFEROPOL REMAND PRISON; a.k.a. SIMFEROPOL SIZO), Bulvar Lenina, dom 4, Simferopol, Crimea 295006, Ukraine; Lenin Boulevard, 4, Simferopol, Crimea 295006, Ukraine; Tax ID No. 9102002109 (Russia); Registration Number 1149102002389 (Russia) [UKRAINE­ EO13685].

Designated pursuant to 2(a)(i) ofE.O. 13685 for operating in the Crimea region of Ukraine.

2. JOINT-STOCK COMPANY THE BERKAKIT-TOMMOT-YAKUTSK RAILWAY LINE'S CONSTRUCTION DIRECTORATE (Cyrillic: AKQf[OHEPHOE O:li~CTBO ,n;IIPEKIJ;IDI ITO CTPOIITEJibCTBY )KEJIE3HOH ,D;OPOrn EEPKAKIIT­ TOMMOT-fil

Designated pursuant to 2(a)(i) ofE.O. 13685 for operating in the Crimea region of Ukraine.

3. LENPROMTRANSPROYEKT (Cyrillic: AO JIEHIIPOMTPAHCIIPOEKT) (a.k.a. LENPROMTRANSPROEKT CJSC; a.k.a. LENPROMTRANSPROYEKT JOINT­ STOCK COMPANY), Kondrat'yevskiy Prospekt 15, building 5/1, 223, St. Petersburg 195197, Russia; Tax ID No. 7825064262 (Russia); Business Registration Number 1027809210054 (Russia) [UKRAINE-EO13685].

Designated pursuant to 2(a)(i) ofE.O. 13685 for operating in the Crimea region of Ukraine.

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Dated: April 15, 2021. appendix contains a model letter that maintenance, and purchase of services Bradley Smith, may be used for self-certification. to provide information. Acting Director, Office of Foreign Assets Upon receipt of a self-certification, a Approved: April 5, 2021. plan administrator or IRA trustee may Control, U.S. Department of the Treasury. Chakinna B. Clemons, accept the contribution and treat it as [FR Doc. 2021–08086 Filed 4–19–21; 8:45 am] Supervisory Tax Analyst. BILLING CODE 4810–AL–C having satisfied the requirements for a waiver of the 60-day requirement. [FR Doc. 2021–08019 Filed 4–19–21; 8:45 am] Currently, the only way for a taxpayer BILLING CODE 4830–01–P DEPARTMENT OF THE TREASURY to obtain a waiver of the 60 day requirement with respect to an amount DEPARTMENT OF THE TREASURY Internal Revenue Service distributed to a state unclaimed property fund is to apply to the Internal Internal Revenue Service Proposed Collection; Comment Revenue Service (IRS) for a favorable Request for Revenue Procedure ruling, which is issued by the Tax Low Income Taxpayer Clinic Grant Waiver of 60-Day Rollover Exempt and Government Entities Program; Availability of 2022 Grant Requirement Division (TE/GE). The user fee for a Application Package AGENCY: ruling is $10,000. The program outlined Internal Revenue Service (IRS), AGENCY: in this revenue procedure permits Internal Revenue Service (IRS), Treasury. Treasury. ACTION: taxpayers to receive the benefits of a Notice and request for ACTION: Notice. comments. waiver without paying a user fee. Current Actions: There is no change to SUMMARY: This document contains a SUMMARY: The Internal Revenue Service, this existing revenue procedure. notice that the IRS has made available as part of its continuing effort to reduce Type of Review: Extension of a the 2022 Grant Application Package and paperwork and respondent burden, currently approved collection. Guidelines (Publication 3319) for Affected Public: Individuals or invites the general public and other organizations interested in applying for Federal agencies to take this Households. Estimated Number of Respondents: a Low Income Taxpayer Clinic (LITC) opportunity to comment on continuing matching grant for the 2022 grant year, information collections, as required by 160. Estimated Time per Response: 3 which runs from January 1, 2022, the Paperwork Reduction Act of 1995. through December 31, 2022. The The IRS is soliciting comments hours. Estimated Total Annual Burden application period runs from May 3, concerning waiver of 60-Day rollover 2021, through June 18, 2021. requirement. Hours: 480. The following paragraph applies to all DATES: All applications and requests for DATES: Written comments should be the collections of information covered continued funding for the 2022 grant received on or before June 21, 2021 to by this notice. year must be filed electronically by be assured of consideration. An agency may not conduct or 11:59 p.m. (Eastern Time) on June 18, ADDRESSES: Direct all written comments sponsor, and a person is not required to 2021. The IRS is authorized to award to Kinna Brewington, Internal Revenue respond to, a collection of information multi-year grants not to exceed three Service, Room 6526, 1111 Constitution unless the collection of information years. For an organization not currently Avenue NW, Washington, DC 20224. displays a valid OMB control number. receiving a grant for 2021, an FOR FURTHER INFORMATION CONTACT: Books or records relating to a collection organization that received a single year Requests for additional information or of information must be retained if their grant in 2021, or an organization whose copies of the form should be directed to contents may become material in the multi-year grant ends in 2021, the Kerry Dennis, at (202) 317–5751 or administration of any internal revenue organization must apply electronically Internal Revenue Service, Room 6526, law. Generally, tax returns and tax at www.grants.gov. For an organization 1111 Constitution Avenue NW, return information are confidential, as currently receiving a grant for 2021 that Washington, DC 20224, or through the required by 26 U.S.C. 6103. is requesting funding for the second or internet, at [email protected]. Request for Comments: Comments third year of a multi-year grant, the organization must submit a Non- SUPPLEMENTARY INFORMATION: submitted in response to this notice will Title: Waiver of 60-Day Rollover be summarized and/or included in the Competing Continuation Request for Requirement. request for OMB approval. All continued funding electronically at OMB Number: 1545–2269. comments will become a matter of www.grantsolutions.gov. All Revenue Procedure: 2020–46. public record. Comments are invited on: organizations must use the funding Abstract: Revenue Procedure 2020–46 (a) Whether the collection of number of TREAS–GRANTS–052022– modifies and updates Rev. Proc. 2016– information is necessary for the proper 001, and the Catalog of Federal 47, 2016–37 I.R.B. 346. Section 3.02(2) performance of the functions of the Domestic Assistance program number is of Rev. Proc. 2016–47 provides a list of agency, including whether the 21.008. See https://beta.sam.gov/. The permissible reasons for self-certification information shall have practical utility; LITC Program Office is scheduling a of eligibility for a waiver of the 60 day (b) the accuracy of the agency’s estimate Zoom webinar to cover the full rollover requirement, and, in response of the burden of the collection of application process for May 13, 2021. to requests from stakeholders, this information; (c) ways to enhance the See www.irs.gov/advocate/low-income- revenue procedure modifies that list by quality, utility, and clarity of the taxpayer-clinics for complete details, adding a new reason: A distribution was information to be collected; (d) ways to including any changes to the date, time, made to a state unclaimed property minimize the burden of the collection of and the posting of materials. fund. As under Rev. Proc. 2016–47, a information on respondents, including FOR FURTHER INFORMATION CONTACT: Bill self-certification relates only to the through the use of automated collection Beard at (949) 575–6200 (not a toll-free reasons for missing the 60-day deadline, techniques or other forms of information number) or by email at beard.william@ not to whether a distribution is technology; and (e) estimates of capital irs.gov. The LITC Program Office is otherwise eligible to be rolled over. An or start-up costs and costs of operation, located at: IRS, Taxpayer Advocate

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Service, LITC Grant Program Register. See, for example, 86 FR 7732 factors, including: (1) The number of Administration Office, TA: LITC, 1111 (Feb. 01, 2021). taxpayers who will be assisted by the Constitution Avenue NW, Room 1034, In addition, the amount in organization, including the number of Washington, DC 20224. Copies of the controversy for the tax year to which the ESL taxpayers in that geographic area; 2022 Grant Application Package and controversy relates generally cannot (2) the existence of other LITCs assisting Guidelines, IRS Publication 3319 (Rev. exceed the amount specified in IRC the same population of low-income and 5–2021), can be downloaded from the section 7463 (currently $50,000) for ESL taxpayers; (3) the quality of the IRS internet site at www.irs.gov/ eligibility for special small tax case program offered by the organization, advocate or ordered by calling the IRS procedures in the United States Tax including the qualifications of its Distribution Center toll-free at 1–800– Court. The IRS may award grants to administrators and qualified qualified organizations to fund one-year, 829–3676. (Note: the ability to mail out representatives, and its record, if any, in two-year, or three-year project periods. publications from the Distribution providing representation services to Center may be impacted by COVID–19 Grant funds may be awarded for start- low-income taxpayers; (4) the quality of and staffing levels. If so, the publication up expenditures incurred by new clinics the application, including the may only be available online.) A short during the grant year. IRC section video about the LITC program is 7526(c)(5) requires dollar-for-dollar reasonableness of the proposed budget; available for your viewing. matching funds. (5) the organization’s compliance with all federal tax obligations (filing and SUPPLEMENTARY INFORMATION: Mission Statement payment); (6) the organization’s Background Low Income Taxpayer Clinics ensure compliance with all federal nontax Pursuant to Internal Revenue Code the fairness and integrity of the tax monetary obligations (filing and (IRC) section 7526, the IRS will system for taxpayers who are low- payment); (7) whether debarment or annually award up to $6,000,000 (unless income or speak English as a second suspension (31 CFR part 19) applies or otherwise provided by specific language by: Providing pro bono whether the organization is otherwise Congressional appropriation) to representation on their behalf in tax excluded from or ineligible for a federal qualified organizations, subject to the disputes with the IRS; educating them award; and (8) alternative funding limitations set forth in the statute. about their rights and responsibilities as sources available to the organization, Grants may be awarded for the taxpayers; and identifying and including amounts received from other development, expansion, or advocating for issues that impact them. grants and contributors and the continuation of low income taxpayer Selection Consideration endowment and resources of the clinics. For calendar year 2021, Despite the IRS’s efforts to foster institution sponsoring the organization. Congress appropriated a total of parity in availability and accessibility in Applications that pass the eligibility $13,000,000 in federal funds for LITC the selection of organizations receiving screening process will undergo a matching grants. See Consolidated LITC matching grants and the continued Technical Evaluation and must receive Appropriations Act, 2021, Public Law increase in clinic services nationwide, a minimum score to be considered 116–260,134 Stat. 1182 (2020). there remain communities that are further. Details regarding the scoring A qualified organization may receive underrepresented by clinics. Although process can be found in Publication a matching grant of up to $100,000 per each application and request for 3319. Applications achieving the year. A qualified organization is one continued funding for the 2022 grant that represents low-income taxpayers in minimum score will be subject to a year will be given due consideration, Program Office evaluation. An controversies with the IRS and informs the IRS is particularly interested in individuals for whom English is a organization submitting a request for receiving applications from the continued funding for the second or second language (ESL taxpayers) of their following underserved geographic areas taxpayer rights and responsibilities, and third year of a multi-year grant will be and counties that have limited or no required to submit an abbreviated Non- does not charge more than a nominal fee service: for its services (except for competing Continuation Request and Arizona—Gila will be subject to a streamlined reimbursement of actual costs incurred). Florida—Brevard, Citrus, Flagler, screening process. The final funding Examples of a qualified organization Hernando, Lake, Orange, Putnam, decisions are made by the National include (1) a clinical program at an Seminole, Sumter accredited law, business, or accounting Idaho—Ada, Adams, Bannock, Bear Taxpayer Advocate, unless recused. The school whose students represent low- Lake, Bingham, Boise, Bonneville, costs of preparing and submitting an income taxpayers in tax controversies Butte, Canyon, Caribou, Clark, application (or a request for continued with the IRS and (2) an organization Clearwater, Custer, Franklin, funding) are the responsibility of each exempt from tax under IRC section Freemont, Gem, Idaho, Jefferson, applicant. Applications and requests for 501(a) whose employees and volunteers Latah, Lemhi, Lewis, Madison, Nez continued funding may be released in represent low-income taxpayers in Perce, Oneida, Owyhee, Payette, response to Freedom of Information Act controversies with the IRS and may also Power, Teton, Washington, Valley requests. Therefore, applicants must not make referrals to qualified volunteers to Nevada—Entire state include any individual taxpayer provide representation. A clinic will be North Dakota—Entire state information. treated as representing low-income Pennsylvania—Bradford, Clinton, taxpayers in controversies with the IRS Lycoming, Monroe, Northumberland, The LITC Program Office will notify if at least 90 percent of the taxpayers Pike, Snyder, Sullivan, Susquehanna, each applicant in writing once funding represented by the clinic have incomes Tioga, Wyoming decisions have been made. that do not exceed 250 percent of the Puerto Rico—Entire territory Bridget Roberts, federal poverty level, taking into West Virginia—Entire state Deputy National Taxpayer Advocate. account geographic location and family Wyoming—Entire state size. Federal poverty guidelines are In determining whether to award a [FR Doc. 2021–08122 Filed 4–19–21; 8:45 am] published annually in the Federal grant, the IRS will consider a variety of BILLING CODE 4830–01–P

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DEPARTMENT OF THE TREASURY to report to the IRS information about tax return information are confidential, their compliance with the employer as required by 26 U.S.C. 6103. Internal Revenue Service shared responsibility provisions of Request for Comments: Comments section 4980H of the Code and about the submitted in response to this notice will Proposed Collection; Comment health care coverage, if any, they have be summarized and/or included in the Request for Proposed Extension of offered employees. Section 6056 also request for OMB approval. Comments Information Collection Request requires those employers to furnish will be of public record. Comments are Submitted for Public Comment; related statements to employees in order invited on: (a) Whether the collection of Information Reporting by Applicable that employees may use the statements information is necessary for the proper Large Employers on Health Insurance to help determine whether, for each performance of the functions of the Coverage Offered Under Employer- month of the calendar year, they can agency, including whether the Sponsored Plans claim on their tax returns a premium tax information has practical utility; (b) the AGENCY: Internal Revenue Service (IRS), credit under section 36B of the Code accuracy of the agency’s estimate of the Treasury. (premium tax credit). burden of the collection of information; (c) ways to enhance the quality, utility, ACTION: Notice and request for Title: Form 1094–C. and clarity of the information to be comments. Current Actions: There is no change to this existing collection at this time. collected; (d) ways to minimize the SUMMARY: The Internal Revenue Service Type of Review: Extension of a burden of the collection of information (IRS), as part of its continuing effort to currently approved collection. on or other forms of information reduce paperwork and respondent Affected Public: Individuals or technology; and (e) estimates of capital burden, invites the general public and households, Business or other for-profit, or start-up costs and costs of operation, other Federal agencies to take this and not-for-profit entities. maintenance, and purchase of services opportunity to comment on information Estimated Number of Respondents: to provide information. collections, as required by the 400,000. Approved: April 8, 2021. Paperwork Reduction Act of 1995. The Estimated Time per Respondent: 4 Martha R. Brinson, hours. IRS is soliciting comments concerning Tax Analyst. Estimated Total Annual Burden requirements relating to the information [FR Doc. 2021–08021 Filed 4–19–21; 8:45 am] reporting by applicable large employers Hours: 1,600,000. BILLING CODE 4830–01–P on health insurance coverage offered Title: Form 1095–C. under employer-sponsored plans. Current Actions: There is no change to DATES: Written comments should be this existing collection at this time. DEPARTMENT OF THE TREASURY received on or before June 21, 2021 to Type of Review: Extension of a be assured of consideration. currently approved collection. Internal Revenue Service Affected Public: Individuals or ADDRESSES: Direct all written comments households, Business or other for-profit, Open Meeting of the Taxpayer to Kinna Brewington, Internal Revenue and not-for-profit entities. Advocacy Panel’s Special Projects Service, Room 6526, 1111 Constitution Estimated Number of Respondents: Committee Avenue NW, Washington, DC 20224. 105,000,000. FOR FURTHER INFORMATION CONTACT: Estimated Time per Respondent: 12 AGENCY: Internal Revenue Service (IRS), Requests for additional information or minutes. Treasury. copies of the forms and instructions Estimated Total Annual Burden ACTION: Notice of meeting. should be directed to Martha R. Brinson, Hours: 21,000,000. SUMMARY: An open meeting of the at (202) 317–5753, or at Internal Title: Form 4423. Taxpayer Advocacy Panel’s Special Revenue Service, Room 6526, 1111 Current Actions: There is no change to Projects Committee will be conducted. Constitution Avenue NW, Washington, this existing collection at this time. The Taxpayer Advocacy Panel is DC 20224, or through the internet at Type of Review: Extension of a soliciting public comments, ideas, and [email protected]. currently approved collection. suggestions on improving customer SUPPLEMENTARY INFORMATION: Affected Public: Individuals or service at the Internal Revenue Service. Title: Form 1094–C, Transmittal of households, Business or other for-profit, Employer-Provided Health Insurance and not-for-profit entities. DATES: The meeting will be held Offer and Coverage Information Returns, Estimated Number of Respondents: 6. Thursday, May 13, 2021. Form 1095–C, Employer-Provided Estimated Time per Respondent: 20 FOR FURTHER INFORMATION CONTACT: Health Insurance Offer and Coverage, minutes. Antoinette Ross at 1–888–912–1227 or and Form 4423, Application for Filing Estimated Total Annual Burden 202–317–4110. Affordable Care Act (ACA) Information Hours: 2 hours. SUPPLEMENTARY INFORMATION: Notice is Returns. The following paragraph applies to all hereby given pursuant to Section OMB Number: 1545–2251. of the collections of information covered 10(a)(2) of the Federal Advisory Form Numbers: Forms 1094–C, by this notice: Committee Act, 5 U.S.C. App. (1988) 1095–C, and 4423. An agency may not conduct or that an open meeting of the Taxpayer Abstract: This program contains sponsor, and a person is not required to Advocacy Panel’s Special Projects regulations providing guidance to respond to, a collection of information Committee will be held Thursday, May employers that are subject to the unless the collection of information 13, 2021, at 11:00 a.m. Eastern Time. information reporting requirements displays a valid OMB control number. The public is invited to make oral under section 6056 of the Internal Books or records relating to a collection comments or submit written statements Revenue Code, enacted by the Patient of information must be retained as long for consideration. Due to limited time Protection and Affordable Care Act as their contents may become material and structure of meeting, notification of (Pub. L. 111–148 (124 Stat.119 (2010))). in the administration of any internal intent to participate must be made with Section 6056 requires those employers revenue law. Generally, tax returns and Antoinette Ross. For more information

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please contact Antoinette Ross at 1– least one member from each state, the ranked applicants not selected as 888–912–1227 or 202–317–4110, or District of Columbia and Puerto Rico, in members may be placed on a roster of write TAP Office, 1111 Constitution addition to one member representing alternates who will be eligible to fill Ave. NW, Room 1509, Washington, DC international taxpayers. For application future vacancies that may occur on the 20224 or contact us at the website: purposes, ‘‘international taxpayers’’ are Panel.) http://www.improveirs.org. The agenda defined broadly to include U.S. citizens Questions regarding the selection of will include various IRS issues. working, living, or doing business TAP members may be directed to Lisa Dated: April 14, 2021. abroad or in a U.S. territory. Potential Billups, Taxpayer Advocacy Panel, candidates must be U.S. citizens, not a Internal Revenue Service, 1111 Kevin Brown, current employee of any Bureau of the Constitution Avenue NW, TA:TAP Acting Director, Taxpayer Advocacy Panel. Treasury Department or have worked for Room 1509, Washington, DC 20224, or [FR Doc. 2021–08029 Filed 4–19–21; 8:45 am] any Bureau of the Treasury Department 214–413–6523 (not a toll-free call). BILLING CODE 4830–01–P within the three years of December 1 of Dated: April 14, 2021. the current year and must pass a federal Kevin Brown, tax compliance check and a Federal DEPARTMENT OF THE TREASURY Bureau of Investigation criminal Acting Director, Taxpayer Advocacy Panel. background investigation. Applicants [FR Doc. 2021–08030 Filed 4–19–21; 8:45 am] Internal Revenue Service who practice before the IRS must be in BILLING CODE 4830–01–P Recruitment Notice for the Taxpayer good standing with the IRS (meaning Advocacy Panel; Correction not currently under suspension or disbarment). Federally registered DEPARTMENT OF THE TREASURY AGENCY: Internal Revenue Service (IRS); lobbyists cannot be members of the Agreement for a Social Impact Treasury. TAP. The IRS is seeking members or Partnership Project ACTION: Notice; correction. alternates in the following locations: Alabama, Arkansas, California, AGENCY: Department of the Treasury. SUMMARY: In the Federal Register notice Connecticut, District of Columbia, ACTION: Notice. that was originally published on April Delaware, Florida, Georgia, Hawaii, 6, 2021, (Volume 86, Number 64, Page Idaho, Kentucky, Massachusetts, SUMMARY: In accordance with the Social 17883) the state of Montana was listed Michigan, Missouri, Minnesota, Impact Partnerships to Pay for Results in the states that the TAP is recruiting Montana, North Dakota, Nebraska, New Act (‘‘SIPPRA’’), the U.S. Department of from. There were also some minor Hampshire, New Mexico, New York, the Treasury (‘‘Treasury’’), the U.S. grammatical edits and corrections. All Nevada, Oklahoma, Ohio, Oregon, Department of Labor (‘‘DOL’’), and the other details remain unchanged. Pennsylvania, Rhode Island, Tennessee, New York State Energy and Research DATES: April 5, 2021 through May 14, Texas, Vermont, Wisconsin, West Development Authority (‘‘NYSERDA’’) 2021. Virginia, Wyoming, and International. have entered into an agreement for a TAP members are a diverse group of social impact partnership project (the FOR FURTHER INFORMATION CONTACT: Lisa citizens who represent the interests of ‘‘Project Grant Agreement’’). Billups at 214–413–6523 (not a toll-free taxpayers, from their respective call) SUPPLEMENTARY INFORMATION: The geographic locations as well as Project Grant Agreement contains the SUPPLEMENTARY INFORMATION: Notice is taxpayers overall. Members provide following features: hereby given that the Department of the feedback from a taxpayer’s perspective (1) The outcome goals of the social Treasury and the Internal Revenue on ways to improve IRS customer impact partnership project: Service (IRS) are inviting individuals to service and administration of the federal The project expects to increase help improve the nation’s tax agency by tax system, by identifying grassroots employment and earnings of low applying to be members of the Taxpayer taxpayer issues. Members should have income individuals who may Advocacy Panel (TAP). The mission of good communication skills and be able experience barriers to employment and the TAP is to listen to taxpayers, to speak to taxpayers about TAP and its increase the financial stability of low- identify issues that affect taxpayers, and activities, while clearly distinguishing income families. make suggestions for improving IRS between TAP positions and their (2) A description of each intervention service and customer satisfaction. The personal viewpoints. in the project: TAP serves as an advisory body to the Interested applicants should visit the The project’s interventions will be Secretary of the Treasury, the TAP website at www.improveirs.org for delivered by training providers located Commissioner of Internal Revenue, and more information about TAP. in several priority geographic regions the National Taxpayer Advocate. TAP Applications may be submitted online across New York State. Training members will participate in at www.usajobs.gov. For questions about providers will be subcontracted by subcommittees that channel their TAP membership, call the TAP toll-free NYSERDA who will oversee feedback to the IRS through the Panel’s number, 1–888–912–1227 and select implementation and administration of parent committee. prompt 5. Callers who are outside of the the interventions. The IRS is seeking applicants who U.S. should call 214–413–6523 (not a Training providers will provide clean have an interest in good government, a toll-free call). energy job training and supportive personal commitment to volunteer The opening date for submitting services to eligible and enrolled approximately 200 to 300 hours a year, applications is April 5, 2021 and the individuals. Common intervention and a desire to help improve IRS deadline for submitting applications is features and strategies across customer service. As a federal advisory May 14, 2021. Interviews will be held. participating providers will include: committee, TAP is required to have a The Department of the Treasury will • Sectoral employment training fairly balanced membership in terms of review the recommended candidates focused on energy efficiency the points of view represented. Thus, and make final selections. New TAP occupations and leading to industry TAP membership represents a cross- members will serve a three-year term recognized technical certifications (e.g., section of the taxpaying public with at starting in December 2021. (Note: highly Building Performance Institute (BPI)

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and Occupational Safety and Health (3) The target population that will be intervention and others who may be Administration (OSHA), among others); served by the project: impacted: • Work-based learning, including The project will serve low-income The primary expected social benefits opportunities for apprenticeships and individuals in New York State whose from the project include: on-the-job training; household income is below 60% of the • Increased employment • Cohort models, which facilitate State Median Income, including those opportunities and earnings for long-term persistence and completion, particularly participating in Temporary Assistance unemployed individuals and youth; for youth; for Needy Families (TANF), • Reduced dependence of low- • Direct employment of completers Supplemental Nutrition Assistance income families on federal means-tested by training providers who are also Program (SNAP), the Home Energy benefits; and contractors, or well-established linkages Assistance Program (HEAP), and other • Increased financial stability of low- to employers, which facilitates job benefit programs. Priority populations income families. placement; include individuals who are long-term (5) The detailed roles, responsibilities, • ‘‘Soft skills’’ and ‘‘21st Century unemployed and youth who are 16 to 24 and purposes of each Federal, State, or Skills’’ training; and years of age. local government entity, intermediary, • Supportive services, such as (4) The expected social benefits to service provider, independent evaluator, childcare and transportation. participants who receive the investor, or other stakeholder:

Role Entity Responsibilities

Government Entity/Funder ...... NYSERDA ...... • Manage SIPPRA funds flow between Treasury and Project. • Fund training services. PFS Intermediary ...... Social Finance, Inc ...... • Lead project design and support government entity contracting and fund management. • Oversee and support evaluation. • Provide active performance management services to monitor project indicators and outcomes and facilitate governance commit- tees. Independent Evaluator ...... MDRC ...... • Evaluate whether pre-determined outcomes have been achieved. • Analyze federal budgetary impact observed. • Produce Evaluation Progress Reports bi-annually and a Final Eval- uation Report within six months of project completion. Service/Training Provider Technical TRC Companies, Inc ...... • Support NYSERDA in implementation of interventions by con- Assistance. tracted service providers delivering job training and supportive workforce services (e.g., Green City Force). Training Providers ...... Green City Force and others ...... • Identify and enroll eligible individuals in designated geographic re- gion. • Deliver clean energy workforce services (job training and sup- portive services) to enrolled individuals and support their placement into employment. • Report and share programmatic data with Service Provider and other Project partners as necessary.

(6) The payment terms, the group, for six years after program The outcome payment is determined methodology used to calculate outcome services, or follow-up years. As a result, using a tiered outcome payment scheme payments, the payment schedule, and the project will measure six outcomes, based on levels of success in achieving performance thresholds: with a single outcome payment to be the outcome. While the average increase NYSERDA will deliver the job calculated for each project year from in earnings due to the treatment is training to three different cohorts. project years 4 through 6 (covering calculated at the level of the follow-up Cohort 1 will receive the training in follow-up years 1 through 3, year, individuals within each cohort project year 1; cohort 2 will receive the respectively, for all cohorts) and three and follow-up year may differ in training in project year 2; and cohort 3 outcome payments in project year 7 income. Thus, the payouts are will receive the training in project year (covering follow-up year 4 for all calculated by combining the cohort- 3. To calculate the outcome payment, cohorts, follow-up year 5 for cohorts 1 level increase in income due to the the average annual earnings of the and 2 and follow-up year 6 for cohort treatment with individual-level income treatment group will be compared to the data. 1). average annual earnings of the control (7) The project budget:

Service Dellverv Cosls Workforce development 1,260,000 3,150,000 2,590,000 $7,000,000 lrrplerrentatia, management ("TRC) 165,000 95,000 95,000 95,000 $450,000 Technical assistance/ oerformance mana□ ement (Social Finance) $280,000 $150,000 $150,000 $50,000 $50,000 $50,000 $50,000 $25,000 $805,000 Total Service Dellvary Costs $165,000 $1,635,000 $3,395,000 $2,835,000 $50,000 $50,000 $50,000 $50,000 $25,000 $8,255,000

Evaluation Cosls (MDRC) $200,000 $200,000 $200,000 $110,000 $110,000 $110,000 $110,000 $60,000 $1,100,000 ,, ,, 'i ' ' ' ',j

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(8) The project timeline: assess applicants’ skills, interest and Annual earnings will be measured The project timeline covers the seven- motivation, as well as potential needs or using wage records from the New York and-a-half-year period starting June barriers to be addressed. State Unemployment Insurance (UI) 2021 through November 2028. Service Each service provider will have access system. delivery is expected to be implemented to a pool of interested applicants (12) The estimate of the savings to the over three years in three cohorts. through the agencies in which they are Federal, State, and local government, on Evaluation is to be conducted over six, housed and through their network of a program-by-program basis and in the five, and four years after service community-based organizations. aggregate, if the agreement is entered delivery is completed for each cohort, (10) The evaluation design: into and implemented and the outcomes respectively, with the final evaluation are achieved as a result of each report being completed in the six A randomized controlled trial will be intervention: months following the project period. conducted in which eligible and (9) The project eligibility criteria: interested individuals would be The estimated savings to the federal Providers will identify eligible randomly assigned to a group eligible government is the $7.1 M. participants using a variety of outreach for the clean energy training program The estimated savings to State is tactics and referral channels that and other services or to a control group $3.6M. leverage local and community partners not eligible for the program. and networks and will employ a (11) The metrics that will be used in Kathleen Victorino, comprehensive recruitment and the evaluation to determine whether the SIPPRA Program Director, Office of Economic enrollment process that is tailored to the outcomes have been achieved as a result Policy. target population. The application of each intervention and how these [FR Doc. 2021–08096 Filed 4–19–21; 8:45 am] process will include multiple stages that metrics will be measured: BILLING CODE 4810–AK–P

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4...... 19324 30 CFR 141...... 17571 3010...... 17312 41...... 19324 550...... 19782 152...... 18232 3011...... 17312 190...... 19324 553...... 19782 258...... 18237 3012...... 17312 240...... 18595 1206...... 20032 271...... 17572 3013...... 17312 242...... 18595 3015...... 17312 1241...... 20032 42 CFR 249...... 17528, 18595 3016...... 17312 274...... 17528 31 CFR Proposed Rules: 3017...... 17312 59...... 19812 18 CFR 501...... 18895 3018...... 17312 411...... 19954 Proposed Rules: 3019...... 17312 Proposed Rules: 412...... 19086, 19480 1...... 19790 3022...... 17312 101...... 17342 413...... 19954 1010...... 17557 3023...... 17312 19 CFR 418...... 19700 3024...... 17312 33 CFR 484...... 19700 3025...... 17312 12...... 17055 489...... 19954 208...... 18183, 19781 100...... 20035 3027...... 17312 361...... 17058 117...... 18445, 19574 43 CFR 3028...... 17312 165 ...... 17066, 17068, 18447, 3030...... 17312 51...... 19786 20 CFR 18449, 18896, 19784 3031...... 17312 Proposed Rules: 3032...... 17312 Proposed Rules: Proposed Rules: 30...... 19585 655...... 17343 96...... 17090 3033...... 17312 656...... 17343 100...... 19169 44 CFR 3034...... 17312 110...... 17090 3035...... 17312 21 CFR 64...... 17078, 19580 117 ...... 17096, 18925, 18927, 3036...... 17312 1...... 17059 18929, 20344 46 CFR 3037...... 17312 207...... 17061 165 ...... 17565, 17755, 18224, Proposed Rules: 3042...... 17312 510...... 17061 19171, 19599 71...... 17090 3046...... 17312 520...... 17061 3047...... 17312 34 CFR 115...... 17090 522...... 17061 3052...... 17312 524...... 17061 176...... 17090 Ch. III ...... 19135 520...... 18240 3053...... 17312 528...... 17061 Proposed Rules: Proposed Rules: 558...... 17061 Ch. II...... 17757, 20348, 20471 47 CFR 532...... 20359 821...... 17065 1532...... 19833 862...... 20278 36 CFR Ch. I...... 18459, 18898 1552...... 19833 866...... 20278 0...... 17726 230...... 17302 1 ...... 17920, 18124, 20294, 880...... 20278 242...... 17713 884...... 20278 20456 49 CFR 2...... 17920, 20456 892...... 20278 38 CFR 1...... 17292 1308...... 20284 9...... 19582 Proposed Rules: 25...... 17311 5...... 17292 22 CFR 3...... 17098 27...... 17920 7...... 17292 106...... 17292 62...... 20286 54 ...... 17079, 18124, 19532 39 CFR 389...... 17292 212...... 18444 64...... 17726 113...... 20287 73...... 18898, 20294 553...... 17292 24 CFR 3040...... 18451 Proposed Rules: 601...... 17292 Proposed Rules: Proposed Rules: 0...... 17575 1201...... 17548 5...... 17346 3030...... 17347, 19173 1...... 18000 1333...... 17735 3050...... 17100, 20351 2...... 20111 25 CFR 15...... 20111 40 CFR 50 CFR Proposed Rules: 25...... 20111 17...... 17956, 18189 15...... 19585 52 ...... 17071, 18457, 20289 27...... 18000, 20111 1187...... 19162 62...... 17543 54...... 18932 92...... 20311 80...... 17073 64...... 18934 100...... 17713 26 CFR 81...... 19576 73 ...... 17110, 17348, 18934 217...... 17458, 18476 Proposed Rules: 180 ...... 17545, 17907, 17910, 101...... 20111 622 ...... 17080, 17318, 17751 1...... 19585 17914, 17917, 19145, 20290 648...... 17081, 17551 258...... 18185 48 CFR 679 ...... 17320, 17752, 18476, 27 CFR 1519...... 19149 3001...... 17312 20035 Proposed Rules: Proposed Rules: 3002...... 17312 Proposed Rules: 9...... 20102 52 ...... 17101, 17106, 17567, 3003...... 17312 17 ...... 18014, 19184, 19186, 17569, 17762, 19174, 19793, 3004...... 17312 19838 29 CFR 20353 3005...... 17312 223...... 19863, 20475 4908...... 17066 60...... 19176 3006...... 17312 224...... 19863 Proposed Rules: 63...... 19176 3007...... 17312 648...... 17764 1910...... 18924 81 ...... 17762, 18227, 20353 3009...... 17312 679...... 19207

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