FEDERAL REGISTER
Vol. 86 Monday No. 98 May 24, 2021
Pages 27797–27966
OFFICE OF THE FEDERAL REGISTER
VerDate Sep 11 2014 17:53 May 21, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\24MYWS.LOC 24MYWS khammond on DSKJM1Z7X2PROD with FR-1WS II Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021
The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office PUBLIC of the Federal Register, National Archives and Records Administration, under the Federal Register Act (44 U.S.C. Ch. 15) Subscriptions: and the regulations of the Administrative Committee of the Federal Paper or fiche 202–512–1800 Register (1 CFR Ch. I). The Superintendent of Documents, U.S. Assistance with public subscriptions 202–512–1806 Government Publishing Office, is the exclusive distributor of the official edition. Periodicals postage is paid at Washington, DC. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 202–512–1800 Federal agencies. These include Presidential proclamations and Assistance with public single copies 1–866–512–1800 Executive Orders, Federal agency documents having general (Toll-Free) applicability and legal effect, documents required to be published FEDERAL AGENCIES by act of Congress, and other Federal agency documents of public Subscriptions: interest. Assistance with Federal agency subscriptions: Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless the Email [email protected] issuing agency requests earlier filing. For a list of documents Phone 202–741–6000 currently on file for public inspection, see www.federalregister.gov. The seal of the National Archives and Records Administration The Federal Register Printing Savings Act of 2017 (Pub. L. 115- authenticates the Federal Register as the official serial publication 120) placed restrictions on distribution of official printed copies established under the Federal Register Act. Under 44 U.S.C. 1507, of the daily Federal Register to members of Congress and Federal the contents of the Federal Register shall be judicially noticed. offices. Under this Act, the Director of the Government Publishing The Federal Register is published in paper and on 24x microfiche. Office may not provide printed copies of the daily Federal Register It is also available online at no charge at www.govinfo.gov, a unless a Member or other Federal office requests a specific issue service of the U.S. Government Publishing Office. or a subscription to the print edition. For more information on how to subscribe use the following website link: https:// The online edition of the Federal Register is issued under the www.gpo.gov/frsubs. authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6:00 a.m. each day the Federal Register is published and includes both text and graphics from Volume 1, 1 (March 14, 1936) forward. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800 or 866-512- 1800 (toll free). E-mail, gpocusthelp.com. The annual subscription price for the Federal Register paper edition is $860 plus postage, or $929, for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $330, plus postage. Six month subscriptions are available for one-half the annual rate. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, is based on the number of pages: $11 for an issue containing less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues of the microfiche edition may be purchased for $3 per copy, including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: U.S. Government Publishing Office—New Orders, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1-866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 86 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Publishing Office, Washington, DC 20402, along with the entire mailing label from the last issue received.
Prin~d oo recycled papN.
VerDate Sep 11 2014 17:53 May 21, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\24MYWS.LOC 24MYWS
khammond on DSKJM1Z7X2PROD with FR-1WS * III
Contents Federal Register Vol. 86, No. 98
Monday, May 24, 2021
Agriculture Department Education Department See Forest Service NOTICES Agency Information Collection Activities; Proposals, Antitrust Division Submissions, and Approvals: NOTICES Safer Schools and Campuses Best Practices Changes under the National Cooperative Research and Clearinghouse, 27837 Production Act: Consortium for Execution of Rendezvous and Servicing Employment and Training Administration Operations, 27894 NOTICES Information Warfare Research Project Consortium, 27893– Change in Status of the Extended Benefit Program: 27894 Pennsylvania, 27897–27898 Review of Plans of Action Pursuant to Defense Production Request for Comments: Act, 27894–27895 Exploration of a Multi-program, Integrated Case Management System, 27896–27897 Bureau of Consumer Financial Protection Energy Department NOTICES See Energy Information Administration Request for Information: See Federal Energy Regulatory Commission Financial Institutions’ Use of Artificial Intelligence, NOTICES including Machine Learning, 27960–27961 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 27837–27838 Centers for Medicare & Medicaid Services Environmental Impact Statements; Availability, etc.: NOTICES Long Term Management and Storage of Elemental Agency Information Collection Activities; Proposals, Mercury, 27838–27841 Submissions, and Approvals, 27851–27852 Energy Information Administration Civil Rights Commission NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals, 27841 Hawai’i Advisory Committee, 27826 Minnesota Advisory Committee, 27826–27827 Environmental Protection Agency NOTICES Coast Guard Proposed CERCLA Settlement Agreement and Order on RULES Consent: Special Local Regulations: Industrial Waste Processing Site, Fresno, CA, 27848 Sector Ohio Valley Annual and Recurring Special Local Regulations, Update, 27808–27813 Farm Credit Administration NOTICES RULES Agency Information Collection Activities; Proposals, Federal Agricultural Mortgage Corporation Disclosure and Submissions, and Approvals, 27859–27868 Reporting, 27797–27798
Commerce Department Federal Aviation Administration See Foreign-Trade Zones Board RULES See Industry and Security Bureau Airspace Designations and Reporting Points: See International Trade Administration Alaska; Alaskan VOR Federal Airway V–319, United See National Institute of Standards and Technology States Area Navigation (RNAV) routes, T–219 and T– See National Oceanic and Atmospheric Administration 269, and Federal Colored Airway R–50, 27798–27800 Federal Communications Commission Comptroller of the Currency RULES NOTICES Television Broadcasting Services: Agency Information Collection Activities; Proposals, Albany, GA, 27813 Submissions, and Approvals, 27961–27966 NOTICES Request for Information: Agency Information Collection Activities; Proposals, Financial Institutions’ Use of Artificial Intelligence, Submissions, and Approvals, 27850–27851 including Machine Learning, 27960–27961 Call Authentication Trust Anchor, 27848–27850
Drug Enforcement Administration Federal Deposit Insurance Corporation RULES NOTICES Schedules of Controlled Substances: Agency Information Collection Activities; Proposals, Placement of Lasmiditan in Schedule V, 27803–27806 Submissions, and Approvals, 27961–27966
VerDate Sep<11>2014 19:34 May 21, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\24MYCN.SGM 24MYCN khammond on DSKJM1Z7X2PROD with CONTENTS IV Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Contents
Request for Information: Geological Survey Financial Institutions’ Use of Artificial Intelligence, NOTICES including Machine Learning, 27960–27961 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Emergency Management Agency Michindoh Glacial Aquifer Groundwater Study, 27888– NOTICES 27889 Changes in Flood Hazard Determinations, 27872–27875 Proposed Flood Hazard Determinations, 27869–27872 Health and Human Services Department See Centers for Medicare & Medicaid Services Federal Energy Regulatory Commission See National Institutes of Health NOTICES Homeland Security Department Annual Change in the Producer Price Index for Finished Goods: See Coast Guard Revisions to Oil Pipeline Regulations Pursuant to the See Federal Emergency Management Agency Energy Policy Act of 1992, 27847–27848 See U.S. Customs and Border Protection Application: Indian Affairs Bureau Mad River Power Associates, 27843–27844 RULES New York State Electric and Gas Corp., 27846 Tribal Energy Resource Agreements, 27806–27808 Combined Filings, 27842–27846 NOTICES Initial Market-Based Rate Filings Including Requests for Indian Gaming: Blanket Section 204 Authorizations: Approval of Tribal-State Class III Gaming Compacts in Assembly Solar III, LLC, 27841–27842 the State of Arizona, 27889–27890 Black Rock Wind Force, LLC, 27847 Citadel Energy Marketing LLC, 27847 Industry and Security Bureau Inviting Post-Technical Conference Comments: NOTICES Electrification and the Grid of the Future, 27843 Meetings: Meetings: Regulations and Procedures Technical Advisory Modernizing Electricity Market Design; Technical Committee, 27827–27828 Conference, 27842 Interior Department Federal Reserve System See Fish and Wildlife Service NOTICES See Geological Survey Agency Information Collection Activities; Proposals, See Indian Affairs Bureau Submissions, and Approvals, 27961–27966 See National Indian Gaming Commission Request for Information: Financial Institutions’ Use of Artificial Intelligence, International Trade Administration including Machine Learning, 27960–27961 NOTICES Antidumping or Countervailing Duty Investigations, Orders, Federal Transit Administration or Reviews: NOTICES Stainless Steel Butt-Weld Pipe Fittings from Italy, 27832– Environmental Impact Statements; Availability, etc.: 27833 Capital Metro Blue Line Project in Austin, TX, 27942– Determination of Sales at Less Than Fair Value: 27944 Utility Scale Wind Towers from India, 27829–27832 Capital Metro Orange Line Project in Austin, TX, 27941– Determination of Sales at Not Less Than Fair Value: 27942 Utility Scale Wind Towers from Malaysia, 27828–27829
Fish and Wildlife Service International Trade Commission NOTICES NOTICES Endangered and Threatened Species: Investigations; Determinations, Modifications, and Rulings, Issuance of Enhancement of Survival and Incidental Take etc.: Permits for Safe Harbor Agreements, Candidate Certain Electronic Devices, Including Computers, Tablet Conservation Agreements, Habitat Conservation Computers, and Components and Modules Thereof, Plans, and Recovery Activities, January 1, 2020, 27892–27893 through December 31, 2020, 27875–27888 Certain Steel Grating from China, 27892 Justice Department Foreign-Trade Zones Board See Antitrust Division NOTICES See Drug Enforcement Administration Application for Subzone: Watco Transloading, LLC; Foreign-Trade Zone 161; Labor Department Wichita, KS, 27827 See Employment and Training Administration See Mine Safety and Health Administration Forest Service See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Maritime Administration Submissions, and Approvals: NOTICES Volunteer Application and Agreement for Natural and Funding Opportunity: Cultural Resources Agencies, 27825–27826 America’s Marine Highway Projects, 27944–27951
VerDate Sep<11>2014 19:34 May 21, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\24MYCN.SGM 24MYCN khammond on DSKJM1Z7X2PROD with CONTENTS Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Contents V
Mine Safety and Health Administration Fisheries off West Coast States: NOTICES Pacific Coast Groundfish Fishery; 2021–2022 Biennial Petitions for Modification: Specifications and Management Measures; Application of Existing Mandatory Safety Standards, Correction, 27816–27822 27898–27899 NOTICES Adjustment of Fees for Seafood Inspection Services, 27835– National Credit Union Administration 27836 NOTICES Fisheries off West Coast States: Request for Information: Pacific Coast Groundfish Fishery; Electronic Monitoring Financial Institutions’ Use of Artificial Intelligence, Program Guidelines, 27833–27834 including Machine Learning, 27960–27961 Marianas Trench Marine National Monument; Monument Management Plan; Extension of Public Comment National Drug Control Policy Office Period, 27834–27835 NOTICES Meetings: Designation of Six Areas as High Intensity Drug Trafficking Pacific Fishery Management Council, 27836 Areas, 27903 Pacific Islands Aquaculture Management Program, 27836–27837 National Highway Traffic Safety Administration NOTICES National Science Foundation Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Meetings: Drivers’ Use of Camera-Based Rear Visibility Systems Advisory Committee for Environmental Research and Versus Traditional Mirrors, 27952–27956 Education, 27903 Meetings: Science, Technology, Engineering and Math Education National Emergency Medical Services Advisory Council, Advisory Panel, 27903–27904 27951–27952, 27956–27957 Petition for Decision of Inconsequential Noncompliance: Nuclear Regulatory Commission General Motors LLC, 27957–27959 NOTICES Meetings; Sunshine Act, 27904 National Indian Gaming Commission NOTICES Occupational Safety and Health Administration Approved Class III Tribal Gaming Ordinances, 27890–27892 NOTICES Grant of Expansion of Recognition and Modification to the National Institute of Standards and Technology Nationally Recognized Testing Laboratory Program’s NOTICES List of Appropriate Test Standards: Meetings: SGS North America, Inc., 27901–27903 Board of Overseers of the Malcolm Baldrige National UL, LLC, 27899–27901 Quality Award; Judges Panel of the Malcolm Baldrige National Quality Award, 27833 Pipeline and Hazardous Materials Safety Administration NOTICES National Institutes of Health Pipeline Safety; Request for Special Permit: NOTICES Tejas Pipeline, LLC, 27959–27960 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Postal Regulatory Commission Electronic Individual Development Plan, 27856–27857 NOTICES The Impact of Clinical Research Training and Medical Mail Classification Schedule, 27904–27905 Education at the Clinical Center on Physician Careers in Academia and Clinical Research, 27857–27858 Postal Service Government-Owned Inventions; Availability for Licensing, PROPOSED RULES 27853, 27855–27856 Mail Screening Regulations, 27823–27824 Meetings: Advisory Committee to the Director, 27854–27855 Securities and Exchange Commission Center for Scientific Review, 27852, 27854 NOTICES National Center for Complementary and Integrative Meetings; Sunshine Act, 27907 Health, 27855 Self-Regulatory Organizations; Proposed Rule Changes: National Heart, Lung, and Blood Institute, 27857 Cboe BZX Exchange, Inc., 27905–27907 National Institute of Allergy and Infectious Diseases, ICE Clear Credit LLC, 27927–27929, 27938–27940 27854 Nasdaq ISE, LLC, 27907–27916 Prospective Grant of an Exclusive Patent License: Nasdaq PHLX LLC, 27919–27927 Methods and Compositions for Adoptive Cell Therapy, The Nasdaq Stock Market LLC, 27929–27938 27852–27853 The Options Clearing Corp., 27916–27918 P2Y14 Receptor Antagonists to Treat Kidney and Lung Inflammation, 27858–27859 State Department NOTICES National Oceanic and Atmospheric Administration Culturally Significant Objects Being Imported for RULES Exhibition: Atlantic Highly Migratory Species: Paolo Veneziano: Art and Devotion in 14th Century Atlantic Bluefin Tuna Fisheries, 27814–27816 Venice, 27940
VerDate Sep<11>2014 19:34 May 21, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\24MYCN.SGM 24MYCN khammond on DSKJM1Z7X2PROD with CONTENTS VI Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Contents
Transportation Department Temporary Travel Restrictions Applicable to Land Ports of See Federal Aviation Administration Entry and Ferries Service Between the United States See Federal Transit Administration and Mexico, 27800–27802 See Maritime Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Reader Aids Consult the Reader Aids section at the end of this issue for Treasury Department phone numbers, online resources, finding aids, and notice See Comptroller of the Currency of recently enacted public laws. U.S. Customs and Border Protection To subscribe to the Federal Register Table of Contents RULES electronic mailing list, go to https://public.govdelivery.com/ Temporary Travel Restrictions Applicable to Land Ports of accounts/USGPOOFR/subscriber/new, enter your e-mail Entry and Ferries Service Between the United States address, then follow the instructions to join, leave, or and Canada, 27802–27803 manage your subscription.
VerDate Sep<11>2014 19:34 May 21, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\24MYCN.SGM 24MYCN khammond on DSKJM1Z7X2PROD with CONTENTS Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Contents VII
CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
12 CFR 655...... 27797 14 CFR 71...... 27798 19 CFR Ch. I (2 documents)...... 27800, 27802 21 CFR 1308...... 27803 25 CFR 224...... 27806 33 CFR 100...... 27808 39 CFR Proposed Rules: 233...... 27823 47 CFR 73...... 27813 50 CFR 635...... 27814 660...... 27816
VerDate Sep 11 2014 19:11 May 21, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\24MYLS.LOC 24MYLS khammond on DSKJM1Z7X2PROD with FR-2LS 27797
Rules and Regulations Federal Register Vol. 86, No. 98
Monday, May 24, 2021
This section of the FEDERAL REGISTER • Mail: Laurie A. Rea, Director, Office chartered by the Agricultural Credit Act contains regulatory documents having general of Secondary Market Oversight, Farm of 1987 (1987 Act) 1 to create a applicability and legal effect, most of which Credit Administration, 1501 Farm secondary market for agricultural real are keyed to and codified in the Code of Credit Drive, McLean, VA 22102–5090. estate mortgage loans, rural housing Federal Regulations, which is published under mortgage loans, rural utility cooperative 50 titles pursuant to 44 U.S.C. 1510. You may review copies of comments we receive on our website at http:// loans, and the guaranteed portions of The Code of Federal Regulations is sold by www.fca.gov. Once you are in the USDA-guaranteed farm and rural the Superintendent of Documents. website, click inside the ‘‘I want to development loans. Title VIII of the . . .’’ field near the top of the page; Farm Credit Act of 1971, as amended select ‘‘find comments on a pending (Act),2 governs the Corporation. FARM CREDIT ADMINISTRATION regulation’’ from the dropdown menu; Existing FCA regulations require Farmer Mac to file both one paper copy 12 CFR Part 655 and click ‘‘Go.’’ This page will take you to the Comment Letters page where you and one electronic copy of certain reports with the FCA. There are three RIN 3052–AD47 can select the regulation for which you would like to read the public comments. instances of requirements of paper copy submissions: Federal Agricultural Mortgage We will show your comments as • Corporation Disclosure and Reporting submitted, but for technical reasons we Section 655.10(c) requires the may omit items such as logos and Corporation to provide FCA with one AGENCY: Farm Credit Administration. special characters. Identifying paper and one electronic copy of every ACTION: Direct final rule. information you provide, such as phone signed report that is distributed to its shareholders unless that report is the numbers and addresses, will be publicly SUMMARY: The Farm Credit same as that filed with the Securities available. However, we will attempt to Administration (FCA or we) issues this and Exchange Commission (SEC). If the remove email addresses to help reduce direct final rule adopting administrative report is the same as that filed with the internet spam. You may also review amendments to eliminate requirements SEC, the Corporation may instead comments at our office in McLean, for the Federal Agricultural Mortgage provide the signed reports to us only in Virginia. Please call us at (703) 883– Corporation (Farmer Mac or the electronic form and simultaneous with 4280 or email us at [email protected] Corporation) to submit paper copies of filing the report with the SEC. to make an appointment. certain reports to the FCA’s Office of • Section 655.15(a) requires the Secondary Market Oversight (OSMO). FOR FURTHER INFORMATION CONTACT: Corporation to provide FCA one paper Electronic copies of the reports are Technical Information: Tiffany West, and one electronic copy of every interim sufficient for oversight and examination Assistant to the Director, Office of report, notice, and proxy statement filed purposes. Secondary Market Oversight, Farm with the SEC. Credit Administration, McLean, VA • DATES: Section 655.21(a) requires the If no significant adverse 22102–5090, (703) 883–4280, TTY (703) comment is received on or before June Corporation to provide FCA one paper 883–4056; or and one electronic copy of every filing 23, 2021, this regulation shall become Legal Information: Hazem Isawi, effective no earlier than the expiration made with the U.S. Treasury, the SEC, Senior Attorney, Office of General or New York Stock Exchange (NYSE), of 30 days after publication in the Counsel, Farm Credit Administration, Federal Register during which either or including financial statements and McLean, VA 22102–5090, (703) 883– related schedules, exhibits, and other both Houses of Congress are in session. 4020, TTY (703) 883–4056. We will publish notice of the effective documents that are part of the filing. SUPPLEMENTARY INFORMATION: date in the Federal Register. Additionally, § 655.21(b) requires that ADDRESSES: For accuracy and efficiency I. Objective Farmer Mac send us, within 3 business days and according to the instructions reasons, please submit comments by The objective of this direct final rule email or through the FCA’s website. We provided by us, copies of all substantive is to eliminate the requirement for correspondence between the do not accept comments submitted by Farmer Mac to submit paper copies of facsimile (fax), as faxes are difficult for Corporation and the U.S. Treasury, the reports to OSMO in most circumstances SEC, or NYSE that are directed at the us to process in compliance with by: section 508 of the Rehabilitation Act. • activities of the Corporation. However, Maintaining the requirement for it does not specify how the copies are Please do not submit your comment submission of electronic reports; and multiple times via different methods. • to be sent. Limiting the requirement for Electronic copies of the required You may submit comments by any of submission of paper copies of reports to reports specified above are sufficient to the following methods: circumstances where it is impossible to allow for oversight and examination of • Email: Send us an email at reg- provide an electronic report timely. the Corporation. The only circumstance [email protected]. where a paper copy would be necessary • FCA Website: http://www.fca.gov. II. Discussion is if it is impossible to provide an Click inside the ‘‘I want to. . .’’ field Farmer Mac is a stockholder-owned, electronic copy. This includes events near the top of the page; select federally chartered instrumentality that ‘‘comment on a pending regulation’’ is an institution of the Farm Credit 1 Agricultural Credit Act of 1987 (Pub. L. 100– from the dropdown menu; and click System (System) and a Government- 233, January 6, 1988). ‘‘Go.’’ This takes you to an electronic sponsored enterprise (GSE). The 2 Sections 8.0 to 8.41 of the Act (12 U.S.C. 2279aa public comment form. Corporation was established and to 2279cc).
VerDate Sep<11>2014 15:59 May 21, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1 khammond on DSKJM1Z7X2PROD with RULES 27798 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations
such as, but not limited to, security rule will not have a significant is impossible to provide an electronic breaches, power outages, and the economic impact on a substantial copy, a paper copy must be submitted inability to access electronic portals. number of small entities. The within the required time frame and an Corporation has assets and annual electronic copy as soon as possible after III. Direct Final Rule income over the amounts that would that. We are eliminating the requirements qualify it as a small entity. Therefore, * * * * * for paper copy submissions in the Corporation is not considered a ■ 4. Section 655.21 is amended by § 655.10(c), § 655.15(a), and § 655.21(a), ‘‘small entity’’ as defined in the revising paragraphs (a) and (b) to read and clarifying that submissions required Regulatory Flexibility Act. as follows: under § 655.21(b) should be done Under the provisions of the electronically, by a direct final Congressional Review Act (5 U.S.C. 801 § 655.21 Filings and communications with rulemaking. The Administrative et seq.), the Office of Management and the U.S. Treasury, the SEC, and NYSE. Conference of the United States Budget’s Office of Information and (a) The Corporation must send us an recommends direct final rulemaking for Regulatory Affairs has determined that electronic copy of every filing made Federal agencies to enact this direct final rule is not a ‘‘major with U.S. Treasury, the SEC, or NYSE, noncontroversial regulations on an rule,’’ as the term is defined at 5 U.S.C. including financial statements and expedited basis, without the usual 804(2). related schedules, exhibits, and other notice and comment period.3 This documents that are a part of the filing. List of Subjects in 12 CFR Part 655 process enables us to reduce the time Such items must be filed with us no and resources we need to develop, Accounting; Agriculture; Banks, later than 1 business day after the U.S. review, and publish a final rule while banking; Conflicts of interest; Reporting Treasury, SEC, or NYSE filing. For those still affording the public an adequate and recordkeeping requirements; Rural filings with the NYSE that duplicate opportunity to comment or object to the areas. ones made to the SEC, the Corporation rule. For the reasons stated in the may send only the SEC filing to us. If In a direct final rulemaking, we notify preamble, part 655 of chapter VI, title 12 the filing is one addressed in subpart B the public that the rule will become of the Code of Federal Regulations is of this part, no action under this final on a specified date unless we amended as follows: paragraph is required. If it is impossible receive a significant adverse comment to provide an electronic copy, a paper during the comment period. A PART 655—FEDERAL AGRICULTURAL copy must be submitted within the significant adverse comment is one MORTGAGE CORPORATION required time frame and an electronic where the commenter explains why the DISCLOSURE AND REPORTING copy as soon as possible after that. rule would be inappropriate (including REQUIREMENTS (b) The Corporation must send us, challenges to its underlying premise or within 3 business days and according to ■ 1. The authority citation for part 655 approach), ineffective, or unacceptable instructions provided by us, electronic continues to read as follows: without a change. In general, a copies of all substantive correspondence significant adverse comment would Authority: Sec. 5.9, 8.3, 8.11, and 8.12 of between the Corporation and the U.S. raise an issue serious enough to warrant Pub. L. 92–181, 85 Stat. 583 (12 U.S.C. 2243, Treasury, the SEC, or NYSE that are a substantive response from the FCA in 2279aa–3, 2279aa–11, 2279aa–12). directed at the activities of the a notice-and-comment proceeding. ■ 2. Section 655.10 is amended by Corporation. We believe that a direct final revising paragraph (c) introductory text * * * * * rulemaking is the appropriate method to read as follows: for amending § 655.10(c), § 655.15(a), Dated: May 17, 2021. and § 655.21(a) and (b) because the § 655.10 Reports of condition. Dale Aultman, changes are administrative in nature * * * * * Secretary, Farm Credit Administration Board. and do not substantively alter the rights (c) Distribution. The Corporation must [FR Doc. 2021–10769 Filed 5–21–21; 8:45 am] or responsibilities of any party. We do distribute the signed annual report of BILLING CODE 6705–01–P not anticipate there will be significant condition to its shareholders within 120 adverse comments. If, however, we days of its fiscal year-end. Within 5 days receive a significant adverse comment of signing, the Corporation must provide DEPARTMENT OF TRANSPORTATION during the comment period, we will to us an electronic copy of every signed publish a notice of withdrawal of the report that is distributed to its Federal Aviation Administration relevant provisions of this rule that will shareholders. If it is impossible to also indicate how further rulemaking provide an electronic copy, a paper 14 CFR Part 71 will proceed. If we receive no copy must be submitted within the significant adverse comments, we will [Docket No. FAA–2020–0868; Airspace required time frame and an electronic Docket No. 20–AAL–26] publish notice of the effective date of copy as soon as possible after that. the rule following the required * * * * * RIN 2120–AA66 congressional waiting period under ■ 3. Section 655.15 is amended by section 5.17(c)(1) of the Act. Amendment to Alaskan VOR Federal revising paragraph (a) to read as follows: Airway V–319, United States Area IV. Regulatory Flexibility Act Analysis Navigation (RNAV) Routes, T–219 and and Major Rule Conclusion § 655.15 Interim reports, notices, and proxy statements. T–269, and Revocation of Federal Pursuant to section 605(b) of the (a) The Corporation must provide to Colored Airway R–50; Alaska Regulatory Flexibility Act (5 U.S.C. 601 us an electronic copy of every interim AGENCY: et seq.), FCA hereby certifies the final Federal Aviation report, notice, and proxy statement filed Administration (FAA), DOT. with the SEC within 1 business day of 3 ACTION: Final rule. Recommendation 95–4, referencing the filing the item with the SEC, including Administrative Procedure Act ‘‘good cause’’ exemption at 5 U.S.C. 553(b)(B), adopted June 15, all papers and documents that are a part SUMMARY: This action removes Colored 1995. of the report, notice, or statement. If it Federal airway, R–50, and amends
VerDate Sep<11>2014 15:59 May 21, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations 27799
Alaskan VOR Federal airway, V–319, History VOR/DME to the Nanwak, AK, NDB. and United States Area Navigation The FAA published a notice of The unaffected portions of the existing (RNAV) Routes T–219 and T–269 in proposed rulemaking for Docket No. route remain as charted. Alaska. The modifications are necessary FAA–2020–0868 in the Federal Register T–219: T–219 currently extends due to the planned decommissioning of (85 FR 64998; October 14, 2020) between the Nanwak, AK, NDB and the the Nanwak Non-Directional Beacon removing colored Federal airway, R–50, Dillingham, AK, VOR/DME. This action (NDB) and Distance Measuring and amending Alaskan VHF extends the airway from the MKLUK, Equipment (DME) in Mekoryuk, AK, Omnidirectional Radar (VOR) Federal AK, WP to the Hooper Bay, AK, VOR/ which provides navigation guidance for airway, V–319, and United States Area DME. Additionally, the FAA is portions of the affected routes. The Navigation (RNAV) routes T–219 and T– correcting the legal description, to Nanwak NDB/DME (AIX) is to be 269 in Alaska. Interested parties were include the NACIP, AK, WP and the decommissioned effective June 17, 2021 invited to participate in this rulemaking ACATE, AK WP. Finally, this action due to the high cost of maintenance. effort by submitting written comments corrects the legal description so that it DATES: Effective date 0901 UTC, August on the proposal. No comments were denotes south to north track as it states 12, 2021. The Director of the Federal received. in the FAA JO 7400.2M paragraph 20– Register approves this incorporation by Colored and Alaskan VOR Federal 1–5e2. reference action under 1 CFR part 51, airways are published in paragraph T–269: T–269 currently extends subject to the annual revision of FAA 6009 and 6010(b), and United States between the Annette Island, AK, VOR/ Order 7400.11 and publication of Area Navigation Routes are published in DME and the Bethel, AK, VORTAC. conforming amendments. paragraph 2006 of FAA Order 7400.11E This action extends the airway from the Bethel, AK, VORTAC to the MKLUK, ADDRESSES: FAA Order 7400.11E, dated July 21, 2020, and effective AK, WP. Additionally, the FAA is Airspace Designations and Reporting September 15, 2020, which is incorporating eight additional Points, and subsequent amendments can incorporated by reference in 14 CFR waypoints and fixes that were not be viewed online at https:// 71.1. The Colored and Alaskan VOR included in the legal description. These www.faa.gov/air_traffic/publications/. Federal airways, and United States Area reporting points include TURTY, AK, For further information, you can contact Navigation routes listed in this WP; FLIPS, AK, FIX; HAPIT, AK, FIX; the Rules and Regulations Group, document will be subsequently CENTA, AK, WP; KATAT, AK, WP; Federal Aviation Administration, 800 published in the Order. YONEK, AK, WP; VEILL, AK, WP, and Independence Avenue SW, Washington, Differences From the NPRM VIDDA, AK, WP that contain a turn and DC 20591; telephone: (202) 267 8783. are required to be included in the legal The Order is also available for In the NPRM published in the Federal description as per the FAA JO 7400.2M inspection at the National Archives and Register (85 FR 64998; October 14, paragraph 20–1–5h2. Records Administration (NARA). For 2020) proposal section, describing T–269, there is a typographical error. FAA Order 7400.11, Airspace information on the availability of FAA Designations and Reporting Points, is Order 7400.11E at NARA, email: The way point CENTA is spelled incorrectly as CENTRA. This rule published yearly and effective on [email protected] or go to https:// September 15. www.archives.gov/federal-register/cfr/ corrects that error in the Rule section. ibr-locations.html Availability and Summary of Regulatory Notices and Analyses FOR FURTHER INFORMATION CONTACT: Documents for Incorporation by The FAA has determined that this Christopher McMullin, Rules and Reference regulation only involves an established Regulations Group, Office of Policy, This document proposes to amend body of technical regulations for which Federal Aviation Administration, 800 FAA Order 7400.11E, Airspace frequent and routine amendments are Independence Avenue SW, Washington, Designations and Reporting Points, necessary to keep them operationally DC 20591; telephone: (202) 267–8783. dated July 21, 2020, and effective current. It, therefore: (1) Is not a SUPPLEMENTARY INFORMATION: September 15, 2020. FAA Order ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a Authority for This Rulemaking 7400.11E is publicly available as listed in the ADDRESSES section of this ‘‘significant rule’’ under Department of The FAA’s authority to issue rules document. FAA Order 7400.11E lists Transportation (DOT) Regulatory regarding aviation safety is found in Class A, B, C, D, and E airspace areas, Policies and Procedures (44 FR 11034; Title 49 of the United States Code. air traffic service routes, and reporting February 26, 1979); and (3) does not Subtitle I, Section 106 describes the points. warrant preparation of a regulatory authority of the FAA Administrator. evaluation as the anticipated impact is Subtitle VII, Aviation Programs, The Rule so minimal. Since this is a routine describes in more detail the scope of the This action amends 14 CFR part 71 by matter that only affects air traffic agency’s authority. This rulemaking is removing Colored Federal airway R–50, procedures and air navigation, it is promulgated under the authority modifying Alaskan VOR Federal airway certified that this rule, when described in Subtitle VII, Part A, V–319, and United States Area promulgated, does not have a significant Subpart I, Section 40103. Under that Navigation routes T–219 and T–269. economic impact on a substantial section, the FAA is charged with The Airway actions are described number of small entities under the prescribing regulations to assign the use below. criteria of the Regulatory Flexibility Act. of the airspace necessary to ensure the R–50: R–50 currently extends between safety of aircraft and the efficient use of the Nanwak, AK, NDB and the Anvik, Environmental Review airspace. This regulation is within the AK, NDB. This action removes the The FAA has determined that this scope of that authority as it would entire route. airspace action of removing Colored modify the route structure as necessary V–319: V–319 currently extends Federal airway R–50, and modifying to preserve the safe and efficient flow of between the Yakutat, AK and the Alaskan VOR Federal airway V–319, air traffic within the National Airspace Nanwak, AK, NDB. This action removes and United States Area Navigation System. the segment from the Hooper Bay, AK, routes T–219 and T–269 qualifies for
VerDate Sep<11>2014 15:59 May 21, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1 khammond on DSKJM1Z7X2PROD with RULES 27800 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations
categorical exclusion under the National circumstances exist that warrant Airspace Designations and Reporting Environmental Policy Act (42 U.S.C. preparation of an environmental Points, dated July 21, 2020 and effective 4321 et seq.) and its implementing assessment or environmental impact September 15, 2020, is amended as regulations at 40 CFR part 1500, and in study. follows: accordance with FAA Order 1050.1F, List of Subjects in 14 CFR Part 71 Environmental Impacts: Policies and Paragraph 6009 Colored Federal Airways. Procedures, paragraph 5–6.5a, which Airspace, Incorporation by reference, * * * * * Navigation (air). categorically excludes from further R–50 [Removed] environmental impact review The Amendment rulemaking actions that designate or * * * * * modify classes of airspace areas, In consideration of the foregoing, the Federal Aviation Administration Paragraph 6010 (b) Alaskan VOR Federal airways, routes, and reporting points Airways amends 14 CFR part 71 as follows: (see 14 CFR part 71, Designation of * * * * * Class A, B, C, D, and E Airspace Areas; PART 71—DESIGNATION OF CLASS A, V–319 [Amended] Air Traffic Service Routes; and B, C, D, AND E AIRSPACE AREAS; AIR Reporting Points). As such, this action TRAFFIC SERVICE ROUTES; AND From Yakutat, AK, via Johnstone Point, is not expected to result in any REPORTING POINTS AK, INT Johnstone Point 291° and potentially significant environmental Anchorage, AK, 125° radials; Anchorage, AK; impacts. In accordance with FAA Order ■ 1. The authority citation for part 71 Sparrevohn, AK; Bethel, AK; Hooper Bay, 1050.1F, paragraph 5–2 regarding continues to read as follows: AK. Extraordinary Circumstances, the FAA Authority: 49 U.S.C. 106(f), 106(g); 40103, * * * * * has reviewed this action for factors and 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, circumstances in which a normally 1959–1963 Comp., p. 389. Paragraph 6011 United States Area categorically excluded action may have Navigation Routes. a significant environmental impact § 71.1 [Amended] * * * * * requiring further analysis. The FAA has ■ 2. The incorporation by reference in determined that no extraordinary 14 CFR 71.1 of FAA Order 7400.11E,
T–219 DLG to HPB [Amended] DILLINGHAM, AK (DLG) VOR/DME (Lat. 58°59′39.24″ N, long. 158°33′07.99″ W) NACIP, AK WP (Lat. 59°23′17.51″ N, long. 160°38′06.01″ W) ACATE, AK WP (Lat. 59°42′50.93″ N, long. 162°33′09.70″ W) RUFVY, AK WP (Lat. 59°56′34.16″ N, long. 164°02′03.72″ W) MKLUK, AK WP (Lat. 60°26′40.04″ N, long. 165°55′17.28″ W) HOOPER BAY, AK (HPB) VOR/DME (Lat. 61°30′51.65″ N, long. 166°08′04.13″ W)
******* T–269 ANN to MKLUK [Amended] ANNETTE ISLAND, AK (ANN) VOR/DME (Lat. 55°03′37.47″ N, long. 131°34′42.24″ W) TURTY, AK WP (Lat. 55°48′26.84″ N, long. 133°08′58.14″ W) FLIPS, AK FIX (Lat. 56°34′32.58″ N, long. 134°52′46.97″ W) BIORKA ISLAND, AK (BKA) VORTAC (Lat. 56°51′33.87″ N, long. 135°33′04.72″ W) HAPIT, AK WP (Lat. 58°11′57.57″ N, long. 137°31′12.45″ W) CENTA, AK WP (Lat. 59°00′21.35″ N, long. 138°48′10.27″ W) YAKUTAT, AK (YAK) VOR/DME (Lat. 59°30′38.99″ N, long. 139°38′53.26″ W) KATAT, AK WP (Lat. 60°15′29.17″ N, long. 144°42′18.77″ W) JOHNSTONE POINT, AK (JOH) VOR/DME (Lat. 60°28′51.43″ N, long. 146°35′57.61″ W) ANCHORAGE, AK (TED) VOR/DME (Lat. 61°10′04.32″ N, long. 149°57′36.51″ W) YONEK, AK WP (Lat. 61°10′22.97″ N, long. 151°14′08.30″ W) VEILL, AK WP (Lat. 61°08′13.91″ N, long. 154°15′45.68″ W) SPARREVOHN, AK (SQA) VOR/DME (Lat. 61°05′54.89″ N, long. 155°38′04.49″ W) VIDDA, AK WP (Lat. 60°52′41.05″ N, long. 160°28′33.09″ W) BETHEL, AK (BET) VORTAC (Lat. 60°47′05.41″ N, long. 161°49′27.59″ W) MKLUK, AK WP (Lat. 60°26′40.04″ N, long. 165°55′17.28″ W)
* * * * * DEPARTMENT OF HOMELAND ACTION: Notification of continuation of Issued in Washington, DC, on May 18, SECURITY temporary travel restrictions. 2021. U.S. Customs and Border Protection George Gonzalez, SUMMARY: This document announces the decision of the Secretary of Homeland Acting Manager, Rules and Regulations 19 CFR Chapter I Group. Security (Secretary) to continue to temporarily limit the travel of [FR Doc. 2021–10898 Filed 5–21–21; 8:45 am] Notification of Temporary Travel individuals from Mexico into the United BILLING CODE 4910–13–P Restrictions Applicable to Land Ports States at land ports of entry along the of Entry and Ferries Service Between United States-Mexico border. Such the United States and Mexico travel will be limited to ‘‘essential travel,’’ as further defined in this AGENCY: Office of the Secretary, U.S. document. Department of Homeland Security; U.S. Customs and Border Protection, U.S. DATES: These restrictions go into effect Department of Homeland Security. at 12 a.m. Eastern Daylight Time (EDT) on May 22, 2021 and will remain in
VerDate Sep<11>2014 15:59 May 21, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations 27801
effect until 11:59 p.m. EDT on June 21, cases within the United States,4 over 1.2 determined that land ports of entry 2021. million confirmed cases in Canada,5 and along the U.S.-Mexico border will FOR FURTHER INFORMATION CONTACT: over 2.3 million confirmed cases in continue to suspend normal operations 6 Stephanie Watson, Office of Field Mexico. and will only allow processing for entry into the United States of those travelers Operations Coronavirus Coordination Notice of Action engaged in ‘‘essential travel,’’ as defined Cell, U.S. Customs and Border Given the outbreak and continued Protection (CBP) at 202–325–0840. below. Given the definition of ‘‘essential transmission and spread of COVID–19 travel’’ below, this temporary alteration SUPPLEMENTARY INFORMATION: within the United States and globally, in land ports of entry operations should the Secretary has determined that the Background not interrupt legitimate trade between risk of continued transmission and the two nations or disrupt critical On March 24, 2020, the Department of spread of the virus associated with supply chains that ensure food, fuel, Homeland Security (DHS) published COVID–19 between the United States medicine, and other critical materials notice of its decision to temporarily and Mexico poses an ongoing ‘‘specific reach individuals on both sides of the limit the travel of individuals from threat to human life or national border. Mexico into the United States at land interests.’’ For purposes of the temporary ports of entry along the United States- U.S. and Mexican officials have alteration in certain designated ports of Mexico border to ‘‘essential travel,’’ as mutually determined that non-essential entry operations authorized under 19 further defined in that document.1 The travel between the United States and U.S.C. 1318(b)(1)(C) and (b)(2), travel document described the developing Mexico poses additional risk of through the land ports of entry and ferry circumstances regarding the COVID–19 transmission and spread of the virus terminals along the United States- pandemic and stated that, given the associated with COVID–19 and places Mexico border shall be limited to outbreak and continued transmission the populace of both nations at ‘‘essential travel,’’ which includes, but and spread of the virus associated with increased risk of contracting the virus is not limited to— COVID–19 within the United States and associated with COVID–19. Moreover, • U.S. citizens and lawful permanent globally, DHS had determined that the given the sustained human-to-human residents returning to the United States; risk of continued transmission and transmission of the virus, returning to • Individuals traveling for medical spread of the virus associated with previous levels of travel between the purposes (e.g., to receive medical COVID–19 between the United States two nations places the personnel treatment in the United States); and Mexico posed a ‘‘specific threat to staffing land ports of entry between the • Individuals traveling to attend human life or national interests.’’ DHS United States and Mexico, as well as the educational institutions; • later published a series of notifications individuals traveling through these Individuals traveling to work in the ports of entry, at increased risk of continuing such limitations on travel United States (e.g., individuals working exposure to the virus associated with until 11:59 p.m. EDT on May 21, 2021.2 in the farming or agriculture industry COVID–19. Accordingly, and consistent who must travel between the United DHS continues to monitor and with the authority granted in 19 U.S.C. States and Mexico in furtherance of respond to the COVID–19 pandemic. As 7 1318(b)(1)(C) and (b)(2), I have such work); of the week of May 10, 2021, there have • Individuals traveling for emergency been over 157 million confirmed cases 4 CDC, COVID Data Tracker (accessed May 14, response and public health purposes globally, with over 3.2 million 2021), https://covid.cdc.gov/covid-data-tracker/ (e.g., government officials or emergency confirmed deaths.3 There have been #cases_casesper100klast7days. 5 responders entering the United States to over 32 million confirmed and probable WHO, COVID–19 Weekly Epidemiological Update (May 11, 2021). support Federal, state, local, tribal, or 6 Id. On April 20, 2021, the Department of State territorial government efforts to respond 1 85 FR 16547 (Mar. 24, 2020). That same day, issued Level 4 (Do Not Travel) Travel Advisories for to COVID–19 or other emergencies); DHS also published notice of its decision to Canada and Mexico due to COVID–19. See • temporarily limit the travel of individuals from Department of State, Canada Travel Advisory (Apr. Individuals engaged in lawful cross- Canada into the United States at land ports of entry 20, 2021), https://travel.state.gov/content/travel/en/ border trade (e.g., truck drivers along the United States-Canada border to ‘‘essential traveladvisories/traveladvisories/canada-travel- supporting the movement of cargo travel,’’ as further defined in that document. 85 FR advisory.html (accessed May 6, 2021); Department between the United States and Mexico); 16548 (Mar. 24, 2020). of State, Mexico Travel Advisory (Apr. 20, 2021), • Individuals engaged in official 2 See 86 FR 21189 (Apr. 22, 2021); 86 FR 14813 https://travel.state.gov/content/travel/en/travel (Mar. 19, 2021); 86 FR 10816 (Feb. 23, 2021); 86 FR advisories/traveladvisories/mexico-travel- government travel or diplomatic travel; 4967 (Jan. 19, 2021); 85 FR 83433 (Dec. 22, 2020); advisory.html (last visited May 6, 2021). On April 85 FR 74604 (Nov. 23, 2020); 85 FR 67275 (Oct. 22, 2, 2021, the CDC issued similar travel notices for Treasury were transferred to the Secretary of 2020); 85 FR 59669 (Sept. 23, 2020); 85 FR 51633 Canada and Mexico. See CDC, Travel Notice; Homeland Security. See 6 U.S.C. 202(2), 203(1). (Aug. 21, 2020); 85 FR 44183 (July 22, 2020); 85 FR COVID–19 in Canada (Apr. 2, 2021), https:// Under 6 U.S.C. 212(a)(1), authorities ‘‘related to 37745 (June 24, 2020); 85 FR 31057 (May 22, 2020); wwwnc.cdc.gov/travel/notices/covid-4/coronavirus- Customs revenue functions’’ were reserved to the 85 FR 22353 (Apr. 22, 2020). DHS also published canada (accessed May 6, 2021) (noting a very high Secretary of the Treasury. To the extent that any parallel notifications of its decisions to continue level of COVID–19 in Canada and advising that authority under section 1318(b)(1) was reserved to temporarily limiting the travel of individuals from travelers avoid all travel to Mexico); CDC, Travel the Secretary of the Treasury, it has been delegated Canada into the United States at land ports of entry Notice: COVID–19 in Mexico (Apr. 2, 2021), https:// to the Secretary of Homeland Security. See Treas. along the United States-Canada border to ‘‘essential wwwnc.cdc.gov/travel/notices/covid-4/coronavirus- Dep’t Order No. 100–16 (May 15, 2003), 68 FR travel.’’ See 86 FR 21188 (Apr. 22, 2021); 86 FR mexico (accessed May 6, 2021) (noting a very high 28322 (May 23, 2003). Additionally, 19 U.S.C. 14812 (Mar. 19, 2021); 86 FR 10815 (Feb. 23, 2021); level of COVID–19 in Mexico and advising that 1318(b)(2) provides that ‘‘[n]otwithstanding any 86 FR 4969 (Jan. 19, 2021); 85 FR 83432 (Dec. 22, travelers avoid all travel to Mexico). other provision of law, the Commissioner of U.S. 2020); 85 FR 74603 (Nov. 23, 2020); 85 FR 67276 7 19 U.S.C. 1318(b)(1)(C) provides that Customs and Border Protection, when necessary to (Oct. 22, 2020); 85 FR 59670 (Sept. 23, 2020); 85 ‘‘[n]otwithstanding any other provision of law, the respond to a specific threat to human life or FR 51634 (Aug. 21, 2020); 85 FR 44185 (July 22, Secretary of the Treasury, when necessary to national interests, is authorized to close temporarily 2020); 85 FR 37744 (June 24, 2020); 85 FR 31050 respond to a national emergency declared under the any Customs office or port of entry or take any other (May 22, 2020); 85 FR 22352 (Apr. 22, 2020). National Emergencies Act (50 U.S.C. 1601 et seq.) lesser action that may be necessary to respond to 3 WHO, Coronavirus disease 2019 (COVID–19) or to a specific threat to human life or national the specific threat.’’ Congress has vested in the Weekly Epidemiological Update (May 11, 2021), interests,’’ is authorized to ‘‘[t]ake any . . . action Secretary of Homeland Security the ‘‘functions of available at https://www.who.int/publications/m/ that may be necessary to respond directly to the all officers, employees, and organizational units of item/weekly-epidemiological-update-on-covid-19- national emergency or specific threat.’’ On March the Department,’’ including the Commissioner of 11-may-2021. 1, 2003, certain functions of the Secretary of the CBP. 6 U.S.C. 112(a)(3).
VerDate Sep<11>2014 15:59 May 21, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1 khammond on DSKJM1Z7X2PROD with RULES 27802 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations
• Members of the U.S. Armed Forces, DEPARTMENT OF HOMELAND later published a series of notifications and the spouses and children of SECURITY continuing such limitations on travel members of the U.S. Armed Forces, until 11:59 p.m. EDT on May 21, 2021.2 returning to the United States; and U.S. Customs and Border Protection DHS continues to monitor and • respond to the COVID–19 pandemic. As Individuals engaged in military- 19 CFR Chapter I related travel or operations. of the week of May 10, 2021, there have been over 157 million confirmed cases The following travel does not fall Notification of Temporary Travel globally, with over 3.2 million within the definition of ‘‘essential Restrictions Applicable to Land Ports confirmed deaths.3 There have been travel’’ for purposes of this of Entry and Ferries Service Between over 32 million confirmed and probable Notification— the United States and Canada cases within the United States,4 over 1.2 • Individuals traveling for tourism AGENCY: Office of the Secretary, U.S. million confirmed cases in Canada,5 and purposes (e.g., sightseeing, recreation, Department of Homeland Security; U.S. over 2.3 million confirmed cases in gambling, or attending cultural events). Customs and Border Protection, U.S. Mexico.6 At this time, this Notification does not Department of Homeland Security. Notice of Action apply to air, freight rail, or sea travel ACTION: Notification of continuation of temporary travel restrictions. Given the outbreak and continued between the United States and Mexico, transmission and spread of COVID–19 but does apply to passenger rail, SUMMARY: This document announces the within the United States and globally, passenger ferry travel, and pleasure boat decision of the Secretary of Homeland the Secretary has determined that the travel between the United States and Security (Secretary) to continue to risk of continued transmission and Mexico. These restrictions are temporarily limit the travel of spread of the virus associated with temporary in nature and shall remain in individuals from Canada into the United COVID–19 between the United States effect until 11:59 p.m. EDT on June 21, States at land ports of entry along the and Canada poses an ongoing ‘‘specific 2021. This Notification may be amended United States-Canada border. Such or rescinded prior to that time, based on travel will be limited to ‘‘essential 2 See 86 FR 21188 (Apr. 22, 2021); 86 FR 14812 circumstances associated with the travel,’’ as further defined in this (Mar. 19, 2021); 86 FR 10815 (Feb. 23, 2021); 86 FR specific threat. DHS is working closely document. 4969 (Jan. 19, 2021); 85 FR 83432 (Dec. 22, 2020); 85 FR 74603 (Nov. 23, 2020); 85 FR 67276 (Oct. 22, with counterparts in Mexico and DATES: These restrictions go into effect 2020); 85 FR 59670 (Sept. 23, 2020); 85 FR 51634 Canada to identify appropriate public at 12 a.m. Eastern Daylight Time (EDT) (Aug. 21, 2020); 85 FR 44185 (July 22, 2020); 85 FR health conditions to safely ease on May 22, 2021 and will remain in 37744 (June 24, 2020); 85 FR 31050 (May 22, 2020); 85 FR 22352 (Apr. 22, 2020). DHS also published restrictions as soon as possible to effect until 11:59 p.m. EDT on June 21, parallel notifications of its decisions to continue support U.S. border communities. 2021. temporarily limiting the travel of individuals from FOR FURTHER INFORMATION CONTACT: Mexico into the United States at land ports of entry The Commissioner of U.S. Customs along the United States-Mexico border to ‘‘essential and Border Protection (CBP) is hereby Stephanie Watson, Office of Field travel.’’ See 86 FR 21189 (Apr. 22, 2021); 86 FR directed to prepare and distribute Operations Coronavirus Coordination 14813 (Mar. 19, 2021); 86 FR 10816 (Feb. 23, 2021); appropriate guidance to CBP personnel Cell, U.S. Customs and Border 86 FR 4969 (Jan. 19, 2021); 85 FR 83433 (Dec. 22, Protection (CBP) at 202–325–0840. 2020); 85 FR 74604 (Nov. 23, 2020); 85 FR 67275 on the continued implementation of the (Oct. 22, 2020); 85 FR 59669 (Sept. 23, 2020); 85 temporary measures set forth in this SUPPLEMENTARY INFORMATION: FR 51633 (Aug. 21, 2020); 85 FR 44183 (July 22, Notification. The CBP Commissioner 2020); 85 FR 37745 (June 24, 2020); 85 FR 31057 Background (May 22, 2020); 85 FR 22353 (Apr. 22, 2020). may determine that other forms of On March 24, 2020, the Department of 3 WHO, Coronavirus disease 2019 (COVID–19) travel, such as travel in furtherance of Homeland Security (DHS) published Weekly Epidemiological Update (May 11, 2021), available at https://www.who.int/publications/m/ economic stability or social order, notice of its decision to temporarily constitute ‘‘essential travel’’ under this item/weekly-epidemiological-update-on-covid-19--- limit the travel of individuals from 11-may-2021. Notification. Further, the CBP Canada into the United States at land 4 CDC, COVID Data Tracker (accessed May 14, Commissioner may, on an 2021), https://covid.cdc.gov/covid-data-tracker/ ports of entry along the United States- _ individualized basis and for Canada border to ‘‘essential travel,’’ as #cases casesper100klast7days. 5 WHO, COVID–19 Weekly Epidemiological humanitarian reasons or for other 1 further defined in that document. The Update (May 11, 2021). purposes in the national interest, permit document described the developing 6 Id. On April 20, 2021, the Department of State the processing of travelers to the United circumstances regarding the COVID–19 issued Level 4 (Do Not Travel) Travel Advisories for States not engaged in ‘‘essential travel.’’ pandemic and stated that, given the Canada and Mexico due to COVID–19. See outbreak and continued transmission Department of State, Canada Travel Advisory (Apr. Alejandro N. Mayorkas, 20, 2021), https://travel.state.gov/content/travel/en/ and spread of the virus associated with traveladvisories/traveladvisories/canada-travel- Secretary, U.S. Department of Homeland COVID–19 within the United States and advisory.html (accessed May 6, 2021); Department Security. globally, DHS had determined that the of State, Mexico Travel Advisory (Apr. 20, 2021), [FR Doc. 2021–10992 Filed 5–21–21; 8:45 am] https://travel.state.gov/content/travel/en/travel risk of continued transmission and advisories/traveladvisories/mexico-travel- BILLING CODE 9112–FP–P spread of the virus associated with advisory.html (last visited May 6, 2021). On April COVID–19 between the United States 2, 2021, the CDC issued similar travel notices for and Canada posed a ‘‘specific threat to Canada and Mexico. See CDC, Travel Notice; COVID–19 in Canada (Apr. 2, 2021), https:// human life or national interests.’’ DHS wwwnc.cdc.gov/travel/notices/covid-4/coronavirus- canada (accessed May 6, 2021) (noting a very high 1 85 FR 16548 (Mar. 24, 2020). That same day, level of COVID–19 in Canada and advising that DHS also published notice of its decision to travelers avoid all travel to Mexico); CDC, Travel temporarily limit the travel of individuals from Notice: COVID–19 in Mexico (Apr. 2, 2021), https:// Mexico into the United States at land ports of entry wwwnc.cdc.gov/travel/notices/covid-4/coronavirus- along the United States-Mexico border to ‘‘essential mexico (accessed May 6, 2021) (noting a very high travel,’’ as further defined in that document. 85 FR level of COVID–19 in Mexico and advising that 16547 (Mar. 24, 2020). travelers avoid all travel to Mexico).
VerDate Sep<11>2014 15:59 May 21, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations 27803
threat to human life or national through the land ports of entry and ferry may determine that other forms of interests.’’ terminals along the United States- travel, such as travel in furtherance of U.S. and Canadian officials have Canada border shall be limited to economic stability or social order, mutually determined that non-essential ‘‘essential travel,’’ which includes, but constitute ‘‘essential travel’’ under this travel between the United States and is not limited to— Notification. Further, the CBP Canada poses additional risk of • U.S. citizens and lawful permanent Commissioner may, on an transmission and spread of the virus residents returning to the United States; individualized basis and for associated with COVID–19 and places • Individuals traveling for medical humanitarian reasons or for other the populace of both nations at purposes (e.g., to receive medical purposes in the national interest, permit increased risk of contracting the virus treatment in the United States); the processing of travelers to the United associated with COVID–19. Moreover, • Individuals traveling to attend States not engaged in ‘‘essential travel.’’ given the sustained human-to-human educational institutions; transmission of the virus, returning to • Individuals traveling to work in the Alejandro N. Mayorkas, previous levels of travel between the United States (e.g., individuals working Secretary, U.S. Department of Homeland two nations places the personnel in the farming or agriculture industry Security. staffing land ports of entry between the who must travel between the United [FR Doc. 2021–10991 Filed 5–21–21; 8:45 am] United States and Canada, as well as the States and Canada in furtherance of BILLING CODE 9112–FP–P individuals traveling through these such work); ports of entry, at increased risk of • Individuals traveling for emergency exposure to the virus associated with response and public health purposes COVID–19. Accordingly, and consistent (e.g., government officials or emergency DEPARTMENT OF JUSTICE with the authority granted in 19 U.S.C. responders entering the United States to Drug Enforcement Administration 1318(b)(1)(C) and (b)(2),7 I have support Federal, state, local, tribal, or determined that land ports of entry territorial government efforts to respond 21 CFR Part 1308 along the U.S.-Canada border will to COVID–19 or other emergencies); continue to suspend normal operations • Individuals engaged in lawful cross- [Docket No. DEA–558] and will only allow processing for entry border trade (e.g., truck drivers into the United States of those travelers supporting the movement of cargo Schedules of Controlled Substances: engaged in ‘‘essential travel,’’ as defined between the United States and Canada); Placement of Lasmiditan in Schedule V below. Given the definition of ‘‘essential • Individuals engaged in official travel’’ below, this temporary alteration government travel or diplomatic travel; AGENCY: Drug Enforcement in land ports of entry operations should • Members of the U.S. Armed Forces, Administration, Department of Justice. not interrupt legitimate trade between and the spouses and children of ACTION: Final rule. the two nations or disrupt critical members of the U.S. Armed Forces, supply chains that ensure food, fuel, returning to the United States; and SUMMARY: This final rule adopts an medicine, and other critical materials • Individuals engaged in military- interim final rule with request for reach individuals on both sides of the related travel or operations. comments published in the Federal border. The following travel does not fall Register on January 31, 2020, placing For purposes of the temporary within the definition of ‘‘essential lasmiditan (2,4,6-trifluoro-N-(6-(1- alteration in certain designated ports of travel’’ for purposes of this methylpiperidine-4-carbonyl)pyridine- entry operations authorized under 19 Notification— 2-yl-benzamide), including its salts, in U.S.C. 1318(b)(1)(C) and (b)(2), travel • Individuals traveling for tourism schedule V of the Controlled Substances purposes (e.g., sightseeing, recreation, Act without change, apart from a minor 7 19 U.S.C. 1318(b)(1)(C) provides that gambling, or attending cultural events). amendment to the placement ordering ‘‘[n]otwithstanding any other provision of law, the At this time, this Notification does not of lasmiditan already made by Secretary of the Treasury, when necessary to apply to air, freight rail, or sea travel respond to a national emergency declared under the intervening rules. With the issuance of National Emergencies Act (50 U.S.C. 1601 et seq.) between the United States and Canada, this final rule, the Drug Enforcement or to a specific threat to human life or national but does apply to passenger rail, Administration maintains lasmiditan, interests,’’ is authorized to ‘‘[t]ake any . . . action passenger ferry travel, and pleasure boat including its salts, in schedule V of the that may be necessary to respond directly to the travel between the United States and Controlled Substances Act. national emergency or specific threat.’’ On March Canada. These restrictions are 1, 2003, certain functions of the Secretary of the DATES: The effective date of this final Treasury were transferred to the Secretary of temporary in nature and shall remain in rulemaking is May 24, 2021. Homeland Security. See 6 U.S.C. 202(2), 203(1). effect until 11:59 p.m. EDT on June 21, Under 6 U.S.C. 212(a)(1), authorities ‘‘related to 2021. This Notification may be amended FOR FURTHER INFORMATION CONTACT: Customs revenue functions’’ were reserved to the or rescinded prior to that time, based on Terrence L. Boos, Drug and Chemical Secretary of the Treasury. To the extent that any Evaluation Section, Drug Enforcement authority under section 1318(b)(1) was reserved to circumstances associated with the the Secretary of the Treasury, it has been delegated specific threat. DHS is working closely Administration; Telephone: (571) 362– to the Secretary of Homeland Security. See Treas. with counterparts in Mexico and 3249. Dep’t Order No. 100–16 (May 15, 2003), 68 FR 28322 (May 23, 2003). Additionally, 19 U.S.C. Canada to identify appropriate public SUPPLEMENTARY INFORMATION: health conditions to safely ease 1318(b)(2) provides that ‘‘[n]otwithstanding any Background and Legal Authority other provision of law, the Commissioner of U.S. restrictions as soon as possible to Customs and Border Protection, when necessary to support U.S. border communities. On January 31, 2020, the Drug respond to a specific threat to human life or The Commissioner of U.S. Customs national interests, is authorized to close temporarily Enforcement Administration (DEA), any Customs office or port of entry or take any other and Border Protection (CBP) is hereby pursuant to 21 U.S.C. 811(j), published lesser action that may be necessary to respond to directed to prepare and distribute an interim final rule placing lasmiditan, the specific threat.’’ Congress has vested in the appropriate guidance to CBP personnel a recently Food and Drug Secretary of Homeland Security the ‘‘functions of on the continued implementation of the all officers, employees, and organizational units of Administration (FDA)-approved the Department,’’ including the Commissioner of temporary measures set forth in this medication for the acute treatment of CBP. 6 U.S.C. 112(a)(3). Notification. The CBP Commissioner patients with migraine, in schedule V of
VerDate Sep<11>2014 15:59 May 21, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1 khammond on DSKJM1Z7X2PROD with RULES 27804 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations
the Controlled Substances Act (CSA).1 placement; two other individuals study authors listed the common 85 FR 5557. Specifically, this interim instead suggested schedule IV adverse events occurring for lasmiditan final rule placed lasmiditan in 21 CFR placement with the option to reclassify at the three doses—100 mg, 200 mg, and 1308.15(e)(4). As provided in paragraph to schedule V after a provisional period; 400 mg—and specifically noted that (e), the placement of a substance in this the manufacturer did not provide a higher doses produced greater events for depressant’s category includes its salts. position on the scheduling action but somnolence (32.7%, 40.0%, and 54.5%, However, DEA incorrectly stated in the requested that the half-life information respectively) and euphoric mood preamble of the interim final rule that for lasmiditan be corrected; and the (25.5%, 49.1%, and 45.5%, lasmiditan (including its salts, isomers, remaining individual expressed views respectively). This same commenter and salts of isomers whenever the on a non-DEA rulemaking. DEA will not stated that this was the only study of existence of such salts, isomers, and summarize or respond to this last this type conducted, and its small study salts of isomers is possible) was placed comment as it was outside the scope of size of 58 participants could have a in schedule V. The preamble of this this rulemaking. large margin for error. final rule now correctly refers solely to The other commenter also stated, very Schedule V Placement lasmiditan and its salts. It bears generally without referring to any emphasis that the regulatory text used An individual commenter briefly specific study findings, that lasmiditan in this final rule remains unchanged discussed the background and abuse has lower potential for abuse and from that used in the interim final rule, liability of lasmiditan, and stated that dependence than alprazolam. This apart from the change in placement lasmiditan at doses greater than 200 mg commenter noted though the similar ordering of lasmiditan due to has shown potential for abuse. In light therapeutic effects for lasmiditan at intervening rules. DEA’s issuance of the of the current opioid epidemic, the higher doses, and stated this could be interim and final rules for placement of commenter believes it is important that problematic for patients with chronic cenobamate in schedule V changed the DEA appropriately regulate prescription migraine taking lasmiditan. This placement order of lasmiditan from medications with abuse potential. The commenter referenced a 2015 journal § 1308.15(e)(4) to 1308.15(e)(5). 85 FR commenter agreed that the schedule V article (Weatherall, 2015),3 and stated 13741, March 10, 2020; and 85 FR classification for lasmiditan provides ‘‘[s]tudies have shown that those who 51340, August 20, 2020. adequate oversight, without being suffer from chronic migraines also have The interim final rule referenced two overly regulatory, and will ensure the medication overuse.’’ In the supporting documents and stated they safety of the public. commenter’s opinion, such medication were available for viewing on the DEA Response: DEA determined in overuse could lead to heightened abuse electronic docket. Specifically, the two the interim final rule, and re-affirms in and dependence risks. documents cited are as follows: (1) The this final rule, that lasmiditan meets the As a result, this commenter believed Department of Health and Human criteria under 21 U.S.C. 812(b)(5) for schedule IV was more appropriate for Services (HHS) October 2019 scientific schedule V control. As described by this nascent drug, as a schedule IV and medical evaluation and scheduling HHS, testing of lasmiditan at classification provides more oversight recommendation (HHS Eight-Factor supratherapeutic dosages (400 mg) did by physicians for prescribing this drug analysis), and (2) DEA’s January 2020 show that it has abuse potential, to patients. Specifically, this commenter Eight-Factor analysis. DEA has however these effects of all doses of referenced a 2019 publication, updated discovered that these documents were lasmiditan (100, 200 and 400 mg) were in 2020, that indicated schedule IV not posted to the electronic docket. significantly lower than alprazolam (see drugs are drugs utilized for pain control However, they were available for Factor 2 of 8 factor analysis). DEA as long as the provider deems the drug viewing at DEA headquarters. Upon appreciates the support for this medically necessary and beneficial to publication of this final rule, DEA will rulemaking. the patient. Both commenters urged post to the docket the DEA January 2020 Schedule IV Placement With Option To DEA to consider placing lasmiditan in and HHS Eight-Factor analyses that Reclassify After Provisional Period schedule IV for a probationary or should have accompanied the interim provisional time period with the option Two individual commenters final rule, as well as DEA’s August 2020 to reclassify lasmiditan as a schedule V expressed concerns with DEA’s placing Eight-Factor analysis. substance. This option could be lasmiditan in schedule V due to the The interim final rule provided an implemented once more rigorous overall lack of data for the drug’s abuse opportunity for interested persons to clinical studies are conducted, and the and dependence risks. One of these submit comments as well as file a analyzed results accurately demonstrate commenters cited a 2019 Phase 1 request for hearing or waiver of hearing, potential for abuse and dependency, randomized, placebo- and alprazolam- on or before March 2, 2020. DEA did not justifying schedule V placement. receive any requests for hearing or controlled crossover study, which DEA Response: DEA notes that FDA waiver of hearing. provided both therapeutic (100 and 200 approved an NDA for Reyvow mg) and supratherapeutic (400 mg) Comments Received (lasmiditan), and HHS provided DEA dosages of lasmiditan to the study with an evaluation and a scheduling In response to the interim final rule, 2 subjects. This commenter stated that recommendation for control of DEA received five comments, four from the researchers, after characterizing the lasmiditan in schedule V. As provided individuals and one from a subjective-liking drug effects, in 21 U.S.C. 811(j), the scheduling pharmaceutical manufacturer (the considered lasmiditan to have a low Sponsor of the new drug application recommendation by HHS and the FDA potential for abuse (compared to approval of the NDA necessitated DEA (NDA) for Reyvow (lasmiditan)). One schedule IV alprazolam). However, the individual supported schedule V review and its own determination for the scheduling action (to first issue the 2 Wilbraham, D., Berg, P.H., Tsai, M., Liffick, E., 1 The interim final rule stated that FDA, in Loo, L.S., Doty, E.G., & Sellers, E. (2020). Abuse interim final rule and subsequently to October 2019, approved the new drug application Potential of Lasmiditan: A Phase 1 Randomized, for Reyvow (lasmiditan) 50 and 100 mg oral tablets Placebo- and Alprazolam-Controlled Crossover 3 Weatherall, M. W. (2015). The diagnosis and for the acute treatment of migraine with or without Study. Journal of clinical pharmacology, 60(4), 495– treatment of chronic migraine. Therapeutic aura in adults. 504. Advances in Chronic Disease, 6(3), 115–123.
VerDate Sep<11>2014 15:59 May 21, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations 27805
issue this final rule) pursuant to 21 related analytes (i.e., pharmacologically exports, engages in research, or U.S.C. 811(a) and (b) and 812. As inactive metabolites), some of which conducts instructional activities or discussed in the interim final rule, have longer half-lives than the parent chemical analysis with, or possesses) DEA’s scheduling determination was drug, lasmiditan.’’ This commenter lasmiditan, or who desires to handle based on consideration of the eight provided findings from another rat lasmiditan, must be registered with DEA factors listed in 21 U.S.C. 811(c), HHS’ study included in the NDA for to conduct such activities pursuant to scientific and medical evaluation and lasmiditan, which used a non- 21 U.S.C. 822, 823, 957, and 958, and scheduling recommendation, and all radiolabeled dose of lasmiditan. The in accordance with 21 CFR parts 1301 other relevant data. DEA concurred with commenter stated that this rat study and 1312. Any person who currently HHS’ recommendation that lasmiditan used measures to detect only the half- handles or intends to handle lasmiditan, has low potential for abuse relative to life of the parent (intact) drug, and is not registered with DEA, must substances in schedule IV and therefore lasmiditan; the study reported the mean submit an application for registration supported—and continues to support lasmiditan half-life in plasma as 2–3 and may not continue to handle through this final rule—placement of hours. Therefore, the commenter lasmiditan unless DEA has approved lasmiditan in schedule V. DEA notes requested that DEA correct the factor 3 that application for registration, that under 21 U.S.C. 811(b), HHS’ discussion regarding the lasmiditan pursuant to 21 U.S.C. 822, 823, 957, and recommendations shall be binding on half-life data to state: ‘‘Rat studies 958, and in accordance with 21 CFR the Administrator of DEA (as delegated demonstrate that lasmiditan has a half- parts 1301 and 1312. These registration by the Attorney General) as to any life of 2–3 hours.’’ requirements, however, are not scientific or medical considerations DEA Response: The eight-factor applicable to patients (end users) who involved in three of the eight factors analysis described in the interim final possess lasmiditan pursuant to a lawful specified in 21 U.S.C. 811(c) (i.e., factors rule is an abridged version of DEA’s prescription. 1, 4, and 5). Regarding the commenters’ eight-factor analysis. Regarding the 2. Disposal of stocks. Any person who issues with lasmiditan’s placement in commenter’s request that factor 3 obtains a schedule V registration to schedule V, there is still significant discussion provide half-life findings handle lasmiditan but who oversight for schedule V drugs. For both from an additional rat study, both the subsequently does not desire, or is not the interim final rule and this final rule, DEA (January 2020) and HHS eight- able to maintain such registration must DEA made the findings required under factor analyses conducted as part of the surrender all quantities of lasmiditan, or 21 U.S.C. 812(b)(5) for the placement of interim final rule process noted the half- may transfer all quantities of lasmiditan lasmiditan in schedule V. None of the life in their respective tables. In DEA’s to a person registered with DEA in commenters requested a hearing on the August 2020 eight-factor analysis, accordance with 21 CFR part 1317, in scheduling of lasmiditan. information was added in Factor 3 to addition to all other applicable federal, DEA would like to further clarify that describe this additional study and show state, local, and tribal laws. the commenter who cited Weatherall, a shorter half-life (2–3 hours) of 3. Security. Lasmiditan is subject to 2015 over-generalized the author’s lasmiditan as compared to the long half- schedule III–V security requirements for statements on the studies’ findings life obtained from the study measuring DEA registrants, and it must be handled pertaining to chronic migraine patients radioactivity (see Table 5 and 6 of DEA and stored in accordance with 21 CFR and medication overuse. In actuality, 8-factor analysis). DEA agrees with the 1301.71–1301.93. Non-practitioners Weatherall (2015) stated that ‘‘[m]any commenter that longer half-lives of handling lasmiditan must also comply patients with chronic migraine also pharmacologically inactive metabolites with the employee screening have medication overuse,’’ suggesting can occur. requirements of 21 CFR 1301.90– that while medication overuse does Based on the rationale set forth in the 1301.93. occur in migraine patients, it does not interim final rule, DEA adopts the 4. Labeling and Packaging. All labels, occur in all patients as stated by the interim final rule without change. labeling, and packaging for commercial commenter. Requirements for Handling Lasmiditan containers of lasmiditan must comply with 21 U.S.C. 825 and 958(e), and be Half-Life Information for Lasmiditan As indicated above, lasmiditan has in accordance with 21 CFR part 1302. The manufacturer commenter (the been a schedule V controlled substance 5. Inventory. Every DEA registrant Sponsor of the NDA for Reyvow by virtue of the interim final rule issued who possesses any quantity of (lasmiditan)) stated that the interim by DEA in January 2020. Thus, this final lasmiditan was required to keep an final rule, in the factor 3 discussion, rule does not alter the regulatory inventory of lasmiditan on hand, as of inaccurately listed the half-life for requirements applicable to handlers of January 31, 2020, pursuant to 21 U.S.C. lasmiditan as ‘‘approximately 31 lasmiditan that have been in place since 827 and 958(e), and in accordance with hours,’’ based on a general reference to that time. Nonetheless, for informational 21 CFR 1304.03, 1304.04, and 1304.11. rat studies. The commenter contended purposes, we restate here those 6. Records and Reports. DEA that DEA used findings from one requirements. Lasmiditan is subject to registrants must maintain records and specific rat study, which was included the CSA’s schedule V regulatory submit reports for lasmiditan, or in the NDA for lasmiditan, to set this controls and administrative, civil, and products containing lasmiditan, long half-life for lasmiditan. The criminal sanctions applicable to the pursuant to 21 U.S.C. 827 and 958(e), commenter noted that this study manufacture, distribution, reverse and in accordance with 21 CFR determined the half-life by measuring distribution, dispensing, importing, 1301.74(b) and (c) and parts 1304, 1312, circulating levels of radioactivity, and exporting, research, and conduct of and 1317. the reported findings were actually 27– instructional activities and chemical 7. Prescriptions. All prescriptions for 32 hours. In addition, the commenter analysis with, and possession involving lasmiditan, or products containing stated that, similarly to half-life findings schedule V substances, including, but lasmiditan, must comply with 21 U.S.C. for lasmiditan in clinical studies, this not limited to, the following: 829, and be issued in accordance with rat study’s findings of a longer half-life 1. Registration. Any person who 21 CFR parts 1306 and 1311, subpart C. is not a reflection of lasmiditan alone. handles (manufactures, distributes, 8. Manufacturing and Distributing. In Rather, this half-life reflects ‘‘all drug- reverse distributes, dispenses, imports, addition to the general requirements of
VerDate Sep<11>2014 15:59 May 21, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1 khammond on DSKJM1Z7X2PROD with RULES 27806 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations
the CSA and DEA regulations that are Executive Orders 12866 (Regulatory result in any Federal mandate that may applicable to manufacturers and Planning and Review) and 13563 result ‘‘in the expenditure by State, distributors of schedule V controlled (Improving Regulation and Regulatory local, and tribal governments, in the substances, such registrants should be Review) aggregate, or by the private sector, of advised that (consistent with the In accordance with 21 U.S.C. 811(a) $100 million or more (adjusted annually foregoing considerations) any and (j), this scheduling action is subject for inflation) in any 1 year.’’ Therefore, manufacturing or distribution of to formal rulemaking procedures neither a Small Government Agency lasmiditan may only be for the performed ‘‘on the record after Plan nor any other action is required legitimate purposes consistent with the opportunity for a hearing,’’ which are under UMRA of 1995. drug’s labeling, or for research activities conducted pursuant to the provisions of Paperwork Reduction Act of 1995 authorized by the Federal Food, Drug, 5 U.S.C. 556 and 557. The CSA sets This action does not impose a new and Cosmetic Act and the CSA. forth the procedures and criteria for scheduling a drug or other substance. collection of information requirement 9. Importation and Exportation. All Such actions are exempt from review by under the Paperwork Reduction Act of importation and exportation of the Office of Management and Budget 1995. 44 U.S.C. 3501–3521. This action lasmiditan must be in compliance with (OMB) pursuant to section 3(d)(1) of would not impose recordkeeping or 21 U.S.C. 952, 953, 957, and 958, and Executive Order (E.O.) 12866 and the reporting requirements on State or local in accordance with 21 CFR part 1312. principles reaffirmed in E.O. 13563. governments, individuals, businesses, or 10. Liability. Any activity involving organizations. An agency may not Executive Order 12988, Civil Justice conduct or sponsor, and a person is not lasmiditan not authorized by, or in Reform violation of, the CSA or its required to respond to, a collection of information unless it displays a implementing regulations is unlawful, This regulation meets the applicable currently valid OMB control number. and may subject the person to standards set forth in sections 3(a) and 3(b)(2) of E.O. 12988 to eliminate administrative, civil, and/or criminal Congressional Review Act drafting errors and ambiguity, minimize sanctions. litigation, provide a clear legal standard This rule is not a major rule as Regulatory Analyses for affected conduct, and promote defined by the Congressional Review simplification and burden reduction. Act (CRA), 5 U.S.C. 804. However, DEA Administrative Procedure Act is submitting the required reports to the Executive Order 13132, Federalism Government Accountability Office, the This final rule affirms the amendment This rulemaking does not have House, and the Senate under the CRA. made by the interim final rule that is federalism implications warranting the List of Subjects in 21 CFR Part 1308 already in effect with a minor change in application of E.O. 13132. The rule does placement ordering of lasmiditan as not have substantial direct effects on the Administrative practice and discussed above. Section 553 of the States, on the relationship between the procedure, Drug traffic control, Administrative Procedure Act (APA) (5 national government and the States, or Reporting and recordkeeping U.S.C. 553) generally requires notice on the distribution of power and requirements. and comment for rulemakings. responsibilities among the various ■ Accordingly, the interim final rule However, 21 U.S.C. 811(j) provides that levels of government. amending 21 CFR part 1308, which was in cases where a certain new drug is: (1) Executive Order 13175, Consultation published at 85 FR 5557 on January 31, Approved by HHS and (2) HHS and Coordination With Indian Tribal 2020, and as subsequently amended at recommends control in CSA schedule Governments 85 FR 13741 and 85 FR 51340, is II–V, DEA shall issue an interim final adopted as a final rule without change. rule scheduling the drug within 90 days. This rule does not have tribal Additionally, subsection (j) specifies implications warranting the application D. Christopher Evans, that the rulemaking shall become of E.O. 13175. It does not have Acting Administrator. immediately effective as an interim final substantial direct effects on one or more [FR Doc. 2021–10827 Filed 5–21–21; 8:45 am] Indian tribes, on the relationship rule without requiring DEA to BILLING CODE 4410–09–P between the Federal government and demonstrate good cause. DEA issued an Indian tribes, or on the distribution of interim final rule on January 31, 2020, power and responsibilities between the DEPARTMENT OF THE INTERIOR which provided notice and an Federal government and Indian tribes. opportunity for a hearing on the record and solicited public comments on that Regulatory Flexibility Act Bureau of Indian Affairs rule. Subsection (j) further states that The Regulatory Flexibility Act (RFA) 25 CFR Part 224 after giving interested persons the (5 U.S.C. 601–612) applies to rules that opportunity to comment and to request are subject to notice and comment [212D0102DR/DS5A300000/ a hearing, the Attorney General, as under section 553(b) of the APA. As DR.5A311.IA000118] noted in the above discussion regarding delegated to the Administrator of DEA, RIN 1076–AF65 shall issue a final rule in accordance the applicability of the APA, DEA was with the scheduling criteria of 21 U.S.C. not required to publish a general notice Tribal Energy Resource Agreements 811 (b) through (d) and 812(b). DEA is of proposed rulemaking. Consequently, now responding to the comments the RFA does not apply. AGENCY: Bureau of Indian Affairs, Interior. submitted by the public and issuing the Unfunded Mandates Reform Act of 1995 final rule in accordance with subsection ACTION: Interim final rule. In accordance with the Unfunded (j). Mandates Reform Act (UMRA) of 1995, SUMMARY: On December 18, 2019, the 2 U.S.C. 1501 et seq., DEA has Bureau of Indian Affairs (BIA) amended determined that this action would not its regulations governing Tribal Energy
VerDate Sep<11>2014 15:59 May 21, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations 27807
Resource Agreements (TERAs) between TEDOs to obtain certification from the substantial number of small entities the Secretary of the Interior (Secretary) Secretary so that they may enter into under the Regulatory Flexibility Act (5 and Indian Tribes. That document leases, business agreements, and rights- U.S.C. 601 et seq.). inadvertently failed to include the of-way with Tribes on Tribal land C. Small Business Regulatory statutory requirement that any without Secretarial approval. See Enforcement Fairness Act application for a Tribal Energy Section 103(b) of the 2017 Development Organization (TEDO) be Amendments. This rule is not a major rule under 5 submitted by the Tribe, rather than the U.S.C. 804(2), the Small Business II. Corrections to Final Rule TEDO itself, and incorrectly listed three Regulatory Enforcement Fairness Act. cross-references. This interim final rule The 2019 regulation stated at This rule: would correct that omission and cross- § 224.202 that a TEDO must submit an (a) Does not have an annual effect on references. application. The statute, however, states the economy of $100 million or more; DATES: This rule is effective May 24, that the Tribe submits the application (b) Will not cause a major increase in 2021. Submit comments by June 23, for certification of a TEDO. See 25 costs or prices for consumers, 2021. U.S.C. 3504(h)(1). For that reason, the individual industries, Federal, State, or regulation at § 224.202 must be local government agencies, or ADDRESSES: You may submit comments corrected to provide that a Tribe must geographic regions; and by any of the following methods: submit the application. (c) Does not have significant adverse • Federal rulemaking portal Additionally, Indian Affairs identified effects on competition, employment, www.regulations.gov. The rule is listed typographical errors in the cross- investment, productivity, innovation, or under the agency name ‘‘Bureau of references to paragraphs in § 224.53, the ability of U.S.-based enterprises to Indian Affairs.’’ compete with foreign-based enterprises • Email: [email protected]. which should be corrected as follows: • because this rule makes minor • We cannot ensure that comments In paragraph (a)(3), the cross- corrections. received after the close of the comment reference should be to paragraph (b), period (see DATES) will be included in rather than paragraph (c); • D. Unfunded Mandates Reform Act the docket for this rulemaking and In paragraph (a)(5), the cross- reference should be to paragraph (c) This rule does not impose an considered. Comments sent to an unfunded mandate on State, local, or address other than those listed above rather than paragraph (d); and • In paragraph (b), the cross reference Tribal governments or the private sector will not be included in the docket for of more than $100 million per year. The this rulemaking. should be to paragraph (a)(3) rather than paragraph (a)(6). rule does not have a monetarily FOR FURTHER INFORMATION CONTACT: significant or unique effect on State, Elizabeth Appel, Director, Office of III. Procedural Requirements local, or Tribal governments or the Regulatory Affairs & Collaborative private sector. A statement containing Action, (202) 273–4680; A. Regulatory Planning and Review (E.O. 12866, 13563) the information required by the [email protected]. Unfunded Mandates Reform Act (2 SUPPLEMENTARY INFORMATION: Executive Order (E.O.) 12866 provides U.S.C. 1531 et seq.) is not required. I. Background that the Office of Information and II. Corrections to Final Rule Regulatory Affairs (OIRA) at the Office E. Takings (E.O. 12630) III. Procedural Requirements of Management and Budget (OMB) will This rule does not affect a taking of A. Regulatory Planning and Review (E.O. review all significant rules. OIRA has 12866, 13563, and 13771) private property or otherwise have B. Regulatory Flexibility Act determined that this rule is not taking implications under Executive C. Small Business Regulatory Enforcement significant. Order 12630 because this rule does not Fairness Act E.O. 13563 reaffirms the principles of affect individual property rights D. Unfunded Mandates Reform Act E.O. 12866 while calling for protected by the Fifth Amendment or E. Takings (E.O. 12630) improvements in the Nation’s regulatory involve a compensable ‘‘taking.’’ A F. Federalism (E.O. 13132) system to promote predictability, to takings implication assessment is not G. Civil Justice Reform (E.O. 12988) reduce uncertainty, and to use the best, required. H. Consultation With Indian Tribes (E.O. most innovative, and least burdensome 13175) F. Federalism (E.O. 13132) I. Paperwork Reduction Act tools for achieving regulatory ends. The J. National Environmental Policy Act E.O. directs agencies to consider Under the criteria in section 1 of K. Effects on the Energy Supply (E.O. regulatory approaches that reduce Executive Order 13132, this rule does 13211) burdens and maintain flexibility and not have sufficient federalism freedom of choice for the public where implications to warrant the preparation I. Background these approaches are relevant, feasible, of a federalism summary impact On December 18, 2019, BIA updated and consistent with regulatory statement because the rule affects only its TERA regulations under the objectives. E.O. 13563 emphasizes agreements entered into by Tribes and authority of the Indian Tribal Energy further that regulations must be based the Department. A federalism summary Development and Self-Determination on the best available science and that impact statement is not required. Act of 2005, as amended by the Indian the rulemaking process must allow for G. Civil Justice Reform (E.O. 12988) Tribal Energy Development and Self- public participation and an open Determination Act Amendments of exchange of ideas. We have developed This rule complies with the 2017, 25 U.S.C. 3501–3504, Public Law this rule in a manner consistent with requirements of Executive Order 12988. 115–325, and 25 U.S.C. 2 and 9. The these requirements. Specifically, this rule: (a) Meets the rule addressed the requirements of the criteria of section 3(a) requiring that all Indian Tribal Energy Development and B. Regulatory Flexibility Act regulations be reviewed to eliminate Self-Determination Act Amendments of The Department of the Interior errors and ambiguity and be written to 2017 (2017 Amendments), including certifies that this rule will not have a minimize litigation; and (b) Meets the establishing a process and criteria for significant economic effect on a criteria of section 3(b)(2) requiring that
VerDate Sep<11>2014 15:59 May 21, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1 khammond on DSKJM1Z7X2PROD with RULES 27808 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations
all regulations be written in clear (e) Use lists and tables wherever capacity, Tribal lands, Trust, Trust language and contain clear legal possible. asset. standards. If you feel that we have not met these For the reasons stated in the requirements, send us comments by one H. Consultation With Indian Tribes preamble, the Department of the of the methods listed in the ADDRESSES (E.O. 13175) Interior, Bureau of Indian Affairs, section. To better help us revise the amends part 224 in title 25 of the Code The Department of the Interior strives rule, your comments should be as of Federal Regulations as follows: to strengthen its government-to- specific as possible. For example, you government relationship with Indian should tell us the numbers of the PART 224—TRIBAL ENERGY Tribes through a commitment to sections or paragraphs that you find RESOURCE AGREEMENTS UNDER consultation with Indian Tribes and unclear, which sections or sentences are THE INDIAN TRIBAL ENERGY recognition of their right to self- too long, the sections where you think DEVELOPMENT AND SELF governance and Tribal sovereignty. We lists or tables would be useful, etc. DETERMINATION ACT have evaluated this rule under the Department’s consultation policy and M. Public Availability of Comments ■ 1. The authority for part 224 under the criteria in Executive Order Before including your address, phone continues to read as follows: 13175 and have determined that it does number, email address, or other Authority: 25 U.S.C. 2 and 9; 25 U.S.C. not have substantial direct effects on personal identifying information in your 3501–3504; Pub. L. 109–58; Pub. L. 115–325. federally recognized Indian Tribes comment, you should be aware that because the Department consulted on your entire comment—including your § 224.53 [Amended] substantive requirements of the rule that personal identifying information—may ■ 2. In § 224.53: is in effect, and this rule merely makes be made publicly available at any time. ■ a. Amend paragraph (a)(3) by minor corrections to that substantive While you can ask us in your comment removing ‘‘paragraph (c)’’ and adding rule. to withhold your personal identifying ‘‘paragraph (b)’’ in its place; ■ I. Paperwork Reduction Act information from public review, we b. Amend paragraph (a)(5) by cannot guarantee that we will be able to removing‘‘paragraph (d)’’ and adding OMB Control No. 1076–0167 do so. ‘‘paragraph (c)’’ in its place. currently authorizes the collections of ■ c. Amend paragraph (b) introductory N. Determination To Issue an Interim information contained in 25 CFR part text by removing ‘‘paragraph (a)(6)’’ and Final Rule With Immediate Effective 224. This rule does not affect those adding ‘‘paragraph (a)(3)’’ in its place. collections of information. Date ■ 3. Revise § 224.202 to read as follows: J. National Environmental Policy Act We are publishing this interim final rule with a request for comment without § 224.202 How must a Tribe submit an This rule does not constitute a major prior notice and comment, as allowed application for certification of a TEDO? Federal action significantly affecting the under 5 U.S.C. 553(b). Under section A Tribe must submit an application quality of the human environment. A 553(b) we find that there is good cause for certification of a TEDO and all detailed statement under the National to effectuate this rule without prior supporting documents in a searchable Environmental Policy Act of 1969 notice, and comments are unnecessary portable document format (PDF) to (NEPA) is not required because this is and would be contrary to the public [email protected]. an administrative and procedural interest. This rule is necessary to ensure regulation. (For further information see that the regulation is clear in that the Bryan Newland, 43 CFR 46.210(i)). We have also Tribe must approve a TEDO application, Principal Deputy Assistant Secretary—Indian determined that the rule does not and correct internal section cross- Affairs. involve any of the extraordinary references. [FR Doc. 2021–10764 Filed 5–21–21; 8:45 am] circumstances listed in 43 CFR 46.215 As allowed under 5 U.S.C. 553(d)(3), BILLING CODE 4337–15–P that would require further analysis the effective date of this rule is the date under NEPA. of publication in the Federal Register. K. Effects on the Energy Supply (E.O. Good cause for an immediate effective DEPARTMENT OF HOMELAND 13211) date exists because the delay in SECURITY publishing this rule serves no useful This rule is not a significant energy Coast Guard action under the definition in Executive purpose as the statute already requires what this interim final rule updates in Order 13211. A Statement of Energy 33 CFR Part 100 Effects is not required. the regulation and any delay in correcting internal cross-references to [Docket Number USCG–2021–0013] L. Clarity of This Regulation sections may cause confusion on the RIN 1625–AA08 We are required by Executive Orders part of potential TEDO applicants. We 12866 (section 1(b)(12)), and 12988 are requesting comments on this interim Special Local Regulations; Sector Ohio (section 3(b)(1)(B)), and 13563 (section final rule. We will review any Valley Annual and Recurring Special 1(a)), and by the Presidential comments received and, by a future Local Regulations, Update Memorandum of June 1, 1998, to write publication in the Federal Register, all rules in plain language. This means address any comments received. AGENCY: Coast Guard, DHS. that each rule we publish must: List of Subjects in 25 CFR Part 224 ACTION: Final rule. (a) Be logically organized; (b) Use the active voice to address Agreement, Appeals, Application, SUMMARY: The Coast Guard is amending readers directly; Business Agreements, Energy and updating its special local (c) Use common, everyday words and Development, Interested Party, Lease, regulations for recurring marine clear language rather than jargon; Record keeping requirements, Reporting parades, regattas, and other events that (d) Be divided into short sections and requirements, Right-of-Way, Tribal take place in the Coast Guard Sector sentences; and Energy Resource Agreements, Tribal Ohio Valley area of responsibility
VerDate Sep<11>2014 15:59 May 21, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations 27809
(AOR). This rule informs the public of immediate action is necessary to establishes special local regulations regularly scheduled events that require respond to the potential safety hazards limiting access to certain areas under 33 additional safety measures through the associated with these marine events. CFR 100 within Sector Ohio Valley’s establishing of a special local regulation. AOR. The effect of this rulemaking will III. Legal Authority and Need for Rule Through this rulemaking the current list not be significant because these special of recurring special local regulations is The Coast Guard is issuing this rule local regulations are limited in scope updated with revisions, additional under authority in 46 U.S.C. 70034 and duration. Deviation from the special events, and removal of events that no (previously 33 U.S.C. 1231). The Coast local regulations established through longer take place in Sector Ohio Valley’s Guard is amending and updating the this proposed rulemaking may be AOR. When these special local special local regulations under 33 CFR requested from the appropriate COTP regulations are enforced, certain part 100 to include the most up to date and requests will be considered on a restrictions are placed on marine traffic list of recurring special local regulations case-by-case basis. Broadcast Notices to in specified areas. for events held on or around navigable Mariners and Local Notices to Mariners DATES: This rule is effective May 24, waters within the Sector Ohio Valley will inform the community of these 2021. AOR. These events include marine special local regulations so that they parades, boat races, swim events, and may plan accordingly for these short ADDRESSES: To view documents others. The current list under 33 CFR restrictions on transit. Vessel traffic may mentioned in this preamble as being 100.801 requires amending to provide request permission from the COTP Ohio available in the docket, go to https:// new information on existing special Valley or a designated representative to www.regulations.gov, type USCG–2021– local regulations, include new special enter the restricted areas. 0013 in the ‘‘SEARCH’’ box and click local regulations expected to recur B. Impact on Small Entities ‘‘SEARCH.’’ Click on Open Docket annually or biannually, and to remove Folder on the line associated with this special local regulations that are no The Regulatory Flexibility Act of rule. longer required. Issuing individual 1980, 5 U.S.C. 601–612, as amended, FOR FURTHER INFORMATION CONTACT: If regulations for each new special local requires Federal agencies to consider you have questions on this rule, call or regulation, amendment, or removal of the potential impact of regulations on email Petty Officer Christopher Roble, an existing special local regulation small entities during rulemaking. The Sector Ohio Valley, U.S. Coast Guard; creates unnecessary administrative costs term ‘‘small entities’’ comprises small telephone (502) 779–5336, email and burdens. This rulemaking reduces businesses, not-for-profit organizations [email protected]. administrative overhead and provides that are independently owned and SUPPLEMENTARY INFORMATION: the public with notice through operated and are not dominant in their fields, and governmental jurisdictions I. Table of Abbreviations publication in the Federal Register of the upcoming recurring special local with populations of less than 50,000. CFR Code of Federal Regulations regulations. The Coast Guard received no comments COTP Captain of the Port Sector Ohio from the Small Business Administration Valley IV. Discussion of Comments, Changes, on this rulemaking. The Coast Guard DHS Department of Homeland Security and the Rule certifies under 5 U.S.C. 605(b) that this E.O. Executive order rule will not have a significant FR Federal Register As noted above, we received no NPRM Notice of proposed rulemaking comments on our NPRM published economic impact on a substantial § Section February 23, 2021. There are no changes number of small entities. U.S.C. United States Code in the regulatory text of this rule from While some owners or operators of the proposed rule in the NPRM. vessels intending to transit the regulated II. Background Information and area may be small entities, for the Regulatory History V. Regulatory Analyses reasons stated in section V.A above, this The Captain of the Port Sector Ohio We developed this rule after rule will not have a significant Valley (COTP) is establishing, considering numerous statutes and economic impact on any vessel owner amending, and updating its current list Executive orders related to rulemaking. or operator. of recurring special local regulations Below we summarize our analyses Under section 213(a) of the Small codified under 33 CFR 100.801 in Table based on a number of these statutes and Business Regulatory Enforcement no. 1, for the COTP Ohio Valley zone. Executive orders, and we discuss First Fairness Act of 1996 (Pub. L. 104–121), On February 23, 2021, the Coast Amendment rights of protestors. we want to assist small entities in Guard published a notice of proposed understanding this rule. If the rule rulemaking (NPRM) titled Sector Ohio A. Regulatory Planning and Review would affect your small business, Valley Annual and Recurring Special Executive Orders 12866 and 13563 organization, or governmental Local Regulations Update (86 FR direct agencies to assess the costs and jurisdiction and you have questions 10894). There we stated why we issued benefits of available regulatory concerning its provisions or options for the NPRM, and invited comments on alternatives and, if regulation is compliance, please call or email the our proposed regulatory action related necessary, to select regulatory person listed in the FOR FURTHER to those recurring regulated areas. approaches that maximize net benefits. INFORMATION CONTACT section. During the comment period that ended This rule has not been designated a Small businesses may send comments March 25, 2021, no comments were ‘‘significant regulatory action,’’ under on the actions of Federal employees received. Executive Order 12866. Accordingly, who enforce, or otherwise determine Under 5 U.S.C. 553(d)(3), the Coast this rule has not been reviewed by the compliance with, Federal regulations to Guard finds that good cause exists for Office of Management and Budget the Small Business and Agriculture making it effective less than 30 days (OMB). Regulatory Enforcement Ombudsman after publication in the Federal The Coast Guard expects the and the Regional Small Business Register. Delaying the effective date of economic impact of this rule to be Regulatory Fairness Boards. The this rule would be impracticable and minimal, and therefore a full regulatory Ombudsman evaluates these actions contrary to the public interest because evaluation is unnecessary. This rule annually and rates each agency’s
VerDate Sep<11>2014 15:59 May 21, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1 khammond on DSKJM1Z7X2PROD with RULES 27810 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations
responsiveness to small business. If you or on the distribution of power and categorically excluded from further wish to comment on actions by responsibilities between the Federal review under paragraph L(61) of employees of the Coast Guard, call Government and Indian tribes. Appendix A, Table 1 of DHS Instruction 1–888–REG–FAIR (1–888–734–3247). Manual 023–01–001–01, Rev. 1. E. Unfunded Mandates Reform Act The Coast Guard will not retaliate G. Protest Activities against small entities that question or The Unfunded Mandates Reform Act complain about this rule or any policy of 1995 (2 U.S.C. 1531–1538) requires The Coast Guard respects the First or action of the Coast Guard. Federal agencies to assess the effects of Amendment rights of protesters. their discretionary regulatory actions. In Protesters are asked to call or email the C. Collection of Information particular, the Act addresses actions person listed in the FOR FURTHER This rule will not call for a new that may result in the expenditure by a INFORMATION CONTACT section to collection of information under the State, local, or tribal government, in the coordinate protest activities so that your Paperwork Reduction Act of 1995 (44 aggregate, or by the private sector of message can be received without U.S.C. 3501–3520). $100,000,000 (adjusted for inflation) or jeopardizing the safety or security of more in any one year. Though this rule people, places or vessels. D. Federalism and Indian Tribal will not result in such an expenditure, Governments we do discuss the effects of this rule List of Subjects in 33 CFR Part 100 A rule has implications for federalism elsewhere in this preamble. Marine safety, Navigation (water), under Executive Order 13132, Reporting and recordkeeping Federalism, if it has a substantial direct F. Environment requirements, and Waterways. effect on the States, on the relationship We have analyzed this rule under between the National Government and Department of Homeland Security For the reasons discussed in the the States, or on the distribution of Directive 023–01, Rev. 1, associated preamble, the U.S. Coast Guard amends power and responsibilities among the implementing instructions, and 33 CFR part 100 as follows: various levels of government. We have Environmental Planning COMDTINST PART 100—SAFETY OF LIFE ON analyzed this rule under that Order and 5090.1 (series), which guide the Coast NAVIGABLE WATERS have determined that it is consistent Guard in complying with the National with the fundamental federalism Environmental Policy Act of 1969 (42 ■ 1. The authority citation for part 100 principles and preemption requirements U.S.C. 4321–4370f), and have continues to read as follows: described in Executive Order 13132. determined that this action is one of a Also, this rule does not have tribal category of actions that do not Authority: 46 U.S.C. 70041; 33 CFR 1.05– implications under Executive Order individually or cumulatively have a 1. 13175, Consultation and Coordination significant effect on the human ■ 2. In § 100.801, revise table 1 to read with Indian Tribal Governments, environment. This rule involves the as follows: because it does not have a substantial establishment of special local direct effect on one or more Indian regulations related to marine event § 100.801 Annual Marine Events in the tribes, on the relationship between the permits for marine parades, regattas, Eighth Coast Guard District. Federal Government and Indian tribes, and other marine events. It is * * * * *
TABLE 1 TO § 100.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING MARINE EVENTS
Date Event/sponsor Ohio valley location Regulated area
1. 3 days—Second or third weekend in Oak Ridge Rowing Association/Car- Oak Ridge, TN...... Clinch River, Mile 48.5–52.0 (Ten- March. dinal Invitational. nessee). 2. 1 day—Third weekend in March ...... Vanderbilt Rowing/Vanderbilt Invite ...... Nashville, TN ...... Cumberland River, Mile 188.0–192.7 (Tennessee). 3. 2 days—Fourth weekend in March ... Oak Ridge Rowing Association/Atomic Oak Ridge, TN...... Clinch River, Mile 48.5–52.0 (Ten- City Turn and Burn. nessee). 4. 3 days—One weekend in April ...... Big 10 Invitational Regatta ...... Oak Ridge, TN ...... Clinch River, Mile 48.5–52.0 (Ten- nessee). 5. 1 day—One weekend in April ...... Lindamood Cup ...... Marietta, OH ...... Muskingum River, Mile 0.5–1.5 (Ohio). 6. 3 days—Third weekend in April ...... Oak Ridge Rowing Association/SIRA Oak Ridge, TN...... Clinch River, Mile 48.5–52.0 (Ten- Regatta. nessee). 7. 2 days—Third Friday and Saturday Thunder Over Louisville...... Louisville, KY ...... Ohio River, Mile 597.0–604.0 (Ken- in April. tucky). 8. 1 day—During the last week of April Great Steamboat Race...... Louisville, KY ...... Ohio River, Mile 595.0–605.3 (Ken- or first week of May. tucky). 9. 3 days—Fourth weekend in April ...... Oak Ridge Rowing Association/Dog- Oak Ridge, TN...... Clinch River, Mile 48.5–52.0 (Ten- wood Junior Regatta. nessee). 10. 3 days—Second weekend in May .. Vanderbilt Rowing/ACRA Henley ...... Nashville, TN ...... Cumberland River, Mile 188.0–194.0 (Tennessee). 11. 3 days—Second weekend in May .. Oak Ridge Rowing Association/Big 12 Oak Ridge, TN...... Clinch River, Mile 48.5–52.0 (Ten- Championships. nessee). 12. 3 days—Third weekend in May ...... Oak Ridge Rowing Association/Dog- Oak Ridge, TN...... Clinch River, Mile 48.5–52.0 (Ten- wood Masters. nessee). 13. 1 day—Third weekend in May ...... World Triathlon Corporation/IRONMAN Chattanooga, TN... Tennessee River, Mile 462.7–467.5 70.3. (Tennessee). 14. 1 day—During the last weekend in Mayor’s Hike, Bike and Paddle ...... Louisville, KY ...... Ohio River, Mile 601.0–604.5 (Ken- May or on Memorial Day. tucky). 15. 1 day—The last week in May ...... Chickamauga Dam Swim ...... Chattanooga, TN ... Tennessee River, Mile 470.0–473.0 (Tennessee)
VerDate Sep<11>2014 15:59 May 21, 2021 Jkt 253001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations 27811
TABLE 1 TO § 100.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING MARINE EVENTS—Continued
Date Event/sponsor Ohio valley location Regulated area
16. 2 days—Last weekend in May or Visit Knoxville/Racing on the Ten- Knoxville, TN...... Tennessee River, Mile 647.0–648.0 first weekend in June. nessee. (Tennessee). 17. 2 days—Last weekend in May or Outdoor Chattanooga/Chattanooga Chattanooga, TN... Tennessee River, Mile 454.0–468.0 one weekend in June. Swim Festival. (Tennessee). 18. 2 days—First weekend of June ...... Thunder on the Bay/KDBA ...... Pisgah Bay, KY ..... Tennessee River, Mile 30.0 (Ken- tucky). 19. 1 day—First weekend in June ...... Visit Knoxville/Knoxville Powerboat Knoxville, TN...... Tennessee River, Mile 646.4–649.0 Classic. (Tennessee). 20. 1 day—One weekend in June ...... Tri-Louisville ...... Louisville, KY ...... Ohio River, Mile 600.5–604.0 (Ken- tucky). 21. 2 days—One weekend in June ...... New Martinsville Vintage Regatta ...... New Martinsville, Ohio River Mile 127.5–128.5 (West Vir- WV. ginia). 22. 3 days—One of the last three Lawrenceburg Regatta/Whiskey City Lawrenceburg, IN .. Ohio River, Mile 491.0–497.0 (Indiana). weekends in June. Regatta. 23. 3 days—One of the last three Hadi Shrine/Evansville Shriners Fes- Evansville, IN ...... Ohio River, Mile 790.0–796.0 (Indiana). weekends in June. tival. 24. 3 days—Third weekend in June ..... TM Thunder LLC/Thunder on the Cum- Nashville, TN...... Cumberland River, Mile 189.6–192.3 berland. (Tennessee). 25. 1 day—Third or fourth weekend in Greater Morgantown Convention and Morgantown, WV .. Monongahela River, Mile 101.0–102.0 June. Visitors Bureau/Mountaineer (West Virginia). Triathlon. 26. 1 day—Fourth weekend in June ..... Team Magic/Chattanooga Waterfront Chattanooga, TN... Tennessee River, Mile 462.7–466.0 Triathlon. (Tennessee). 27. 1 day—One day in June ...... Guntersville Lake Hydrofest ...... Guntersville, AL ..... Tennessee River south of mile 357.0 in Browns Creek, starting at the AL–69 Bridge, 34°21′38″ N, 86°20′36″ W, to 34°21′14″ N, 86°19′4″ W, to the TVA power lines, 34°20′9″ N, 86°21′7″ W, to 34°19′37″ N, 86°20′13″ W, ex- tending from bank to bank within the creek. (Alabama). 28. 3 days—The last weekend in June Madison Regatta ...... Madison, IN ...... Ohio River, Mile 554.0–561.0 (Indiana). or one of the first two weekends in July. 29. 1 day—During the first week of July Evansville Freedom Celebration/4th of Evansville, IN ...... Ohio River, Mile 790.0–797.0 (Indiana). July Freedom Celebration. 30. First weekend in July ...... Eddyville Creek Marina/Thunder Over Eddyville, KY...... Cumberland River, Mile 46.0–47.0 Eddy Bay. (Kentucky). 31. 2 days—One of the first two week- Thunder on the Bay/KDBA ...... Pisgah Bay, KY ..... Tennessee River, Mile 30.0 (Ken- ends in July. tucky). 32. 1 day—Second weekend in July .... Bradley Dean/Renaissance Man Florence, AL...... Tennessee River, Mile 254.0–258.0 Triathlon. (Alabama). 33. 1 day—Third or fourth Sunday of Tucson Racing/Cincinnati Triathlon ...... Cincinnati, OH ...... Ohio River, Mile 468.3–471.2 (Ohio). July. 34. 2 days—One of the last three Dare to Care/KFC Mayor’s Cup Paddle Louisville, KY ...... Ohio River, Mile 600.0–605.0 (Ken- weekends in July. Sports Races/Voyageur Canoe tucky). World Championships. 35. 2 days—Last two weeks in July or Friends of the Riverfront Inc./Pittsburgh Pittsburgh, PA ...... Allegheny River, Mile 0.0–1.5 (Penn- first three weeks of August. Triathlon and Adventure Races. sylvania). 36. 1 day—Fourth weekend in July ...... Team Magic/Music City Triathlon ...... Nashville, TN ...... Cumberland River, Mile 189.7–192.3 (Tennessee). 37. 1 day—Last weekend in July ...... Maysville Paddlefest ...... Maysville, KY ...... Ohio River, Mile 408–409 (Kentucky) 38. 2 days—One weekend in July ...... Huntington Classic Regatta ...... Huntington, WV ..... Ohio River, Mile 307.3–309.3 (West Virginia). 39. 2 days—One weekend in July ...... Marietta Riverfront Roar Regatta ...... Marietta, OH ...... Ohio River, Mile 171.6–172.6 (Ohio). 40. 1 day—Last weekend in July or first HealthyTriState.org/St. Marys Tri State Huntington, WV..... Ohio River, Mile 305.1–308.3 (West weekend in August. Kayathalon. Virginia). 41. 1 day—First Sunday in August ...... Above the Fold Events/Riverbluff Ashland City, TN... Cumberland River, Mile 157.0–159.5 Triathlon. (Tennessee). 42. 3 days—First week of August ...... EQT Pittsburgh Three Rivers Regatta Pittsburgh, PA ...... Allegheny River mile 0.0–1.0, Ohio River mile 0.0–0.8, Monongahela River mile 0.5 (Pennsylvania). 43. 2 days—First weekend of August ... Thunder on the Bay/KDBA ...... Pisgah Bay, KY ..... Tennessee River, Mile 30.0 (Ken- tucky). 44. 1 day—First or second weekend in Riverbluff Triathlon ...... Ashland City, TN ... Cumberland River, Mile 157.0–159.0 August. (Tennessee). 45. 1 day—One of the first two week- Green Umbrella/Ohio River Paddlefest Cincinnati, OH ...... Ohio River, Mile 458.5–476.4 (Ohio ends in August. and Kentucky). 46. 2 days—Third full weekend (Satur- Ohio County Tourism/Rising Sun Boat Rising Sun, IN ...... Ohio River, Mile 504.0–508.0 (Indiana day and Sunday) in August. Races. and Kentucky). 47. 3 days—Second or Third weekend Kittanning Riverbration Boat Races ..... Kittanning, PA ...... Allegheny River mile 42.0–46.0 (Penn- in August. sylvania).
VerDate Sep<11>2014 15:59 May 21, 2021 Jkt 253001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1 khammond on DSKJM1Z7X2PROD with RULES 27812 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations
TABLE 1 TO § 100.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING MARINE EVENTS—Continued
Date Event/sponsor Ohio valley location Regulated area
48. 3 days—One of the last two week- Thunder on the Green ...... Livermore, KY ...... Green River, Mile 69.0–72.5 (Ken- ends in August. tucky). 49. 1 day—Fourth weekend in August Team Rocket Tri-Club/Rocketman Huntsville, AL...... Tennessee River, Mile 332.2–335.5 Triathlon. (Alabama). 50. 1 day—Last weekend in August ..... Tennessee Clean Water Network/ Knoxville, TN...... Tennessee River, Mile 646.3–648.7 Downtown Dragon Boat Races. (Tennessee). 51. 3 days—One weekend in August ... Pro Water Cross Championships ...... Charleston, WV ..... Kanawha River, Mile 56.7–57.6 (West Virginia). 52. 2 days—One weekend in August ... POWERBOAT NATIONALS— Ravenswood, WV Ohio River, Mile 220.5–221.5 (West Ravenswood Regatta. Virginia). 53. 2 days—One weekend in August ... Powerboat Nationals-Parkersburg Re- Parkersburg, WV... Ohio River, Mile 183.5–285.5 (West gatta/Parkersburg Homecoming. Virginia). 54. 1 day—One weekend in August ..... YMCA River Swim ...... Charleston, WV ..... Kanawha River, Mile 58.3–61.8 (West Virginia). 55. 3 days—One weekend in August ... Grand Prix of Louisville ...... Louisville, KY ...... Ohio River, Mile 601.0–605.0 (Ken- tucky). 56. 3 days—One weekend in August ... Evansville HydroFest ...... Evansville, IN ...... Ohio River, Mile 790.5–794.0 (Indiana). 57. 3 days—One weekend in the Owensboro HydroFair...... Owensboro, KY..... Ohio River, Mile 754.0–760.0 (Ken- month of August. tucky). 58. 1 day—First or second weekend of SUP3Rivers The Southside Outside .... Pittsburgh, PA ...... Monongahela River mile 0.0–3.09 Alle- September. gheny River mile 0.0–0.6 (Pennsyl- vania). 59. 1 day—First weekend in September Mayor’s Hike, Bike and Paddle ...... Louisville, KY ...... Ohio River, Mile 601.0–610.0 (Ken- or on Labor Day. tucky). 60. 2 days—Sunday before Labor Day Cincinnati Bell, WEBN, and Proctor Cincinnati, OH...... Ohio River, Mile 463.0–477.0 (Ken- and Labor Day. and Gamble/Riverfest. tucky and Ohio) and Licking River Mile 0.0–3.0 (Kentucky). 61. 2 days—Labor Day weekend ...... Wheeling Vintage Race Boat Associa- Wheeling, WV ...... Ohio River, Mile 90.4–91.5 (West Vir- tion Ohio/Wheeling Vintage Regatta. ginia). 62. 3 days—The weekend of Labor Portsmouth Boat Race/Breakwater Portsmouth, OH .... Ohio River, Mile 355.5- 356.8 (Ohio) Day. Powerboat Association. 63. 2 days—One of the first three Louisville Dragon Boat Festival ...... Louisville, KY ...... Ohio River, Mile 602.0–604.5 (Ken- weekends in September. tucky). 64. 1 day—One of the first three week- Cumberland River Compact/Cum- Nashville, TN...... Cumberland River, Mile 189.7–192.1 ends in September. berland River Dragon Boat Festival. (Tennessee). 65. 2 days—One of the first three State Dock/Cumberland Poker Run ..... Jamestown, KY ..... Lake Cumberland (Kentucky). weekends in September. 66. 3 days—One of the first three Fleur de Lis Regatta ...... Louisville, KY ...... Ohio River, Mile 600.0–605.0 (Ken- weekends in September. tucky). 67. 1 day—Second weekend in Sep- City of Clarksville/Clarksville Riverfest Clarksville, TN...... Cumberland River, Mile 125.0–126.0 tember. Cardboard Boat Regatta. (Tennessee). 68. 1 day—One Sunday in September Ohio River Sternwheel Festival Com- Marietta, OH ...... Ohio River, Mile 170.5–172.5 (Ohio). mittee Sternwheel race reenactment. 69. 1 Day—One weekend in Sep- Parkesburg Paddle Fest ...... Parkersburg, WV ... Ohio River, Mile 184.3–188 (West Vir- tember. ginia). 70. 1 day—One weekend in September Shoals Dragon Boat Festival ...... Florence, AL ...... Tennessee River, Mile 255.0–257.0 (Alabama). 71. 2 days—One of the last three Madison Vintage Thunder ...... Madison, IN ...... Ohio River, Mile 556.5–559.5 (Indiana). weekends in September. 72. 1 day—Third Sunday in September Team Rocket Tri Club/Swim Hobbs Is- Huntsville, AL...... Tennessee River, Mile 332.3–338.0 land. (Alabama). 73. 1 day—Fourth or fifth weekend in Knoxville Open Water Swimmers/ Knoxville, TN...... Tennessee River, Mile 641.0–648.0 September. Bridges to Bluffs. (Tennessee). 74. 1 day—Fourth or fifth Sunday in Green Umbrella/Great Ohio River Cincinnati, OH...... Ohio River, Mile 468.8–471.2 (Ohio September. Swim. and Kentucky). 75. 1 day—One of the last two week- Ohio River Open Water Swim ...... Prospect, KY ...... Ohio River, Mile 587.0–591.0 (Ken- ends in September. tucky). 76. 2 days—One of the last three Captain Quarters Regatta...... Louisville, KY ...... Ohio River, Mile 594.0–598.0 (Ken- weekends in September or the first tucky). weekend in October. 77. 3 days—One of the last three Owensboro Air Show...... Owensboro, KY..... Ohio River, Mile 754.0–760.0 (Ken- weekends in September or one of tucky). the first two weekends in October. 78. 1 day—Last weekend in September World Triathlon Corporation/IRONMAN Chattanooga, TN... Tennessee River, Mile 462.7–467.5 Chattanooga. (Tennessee). 79. 3 days—Last weekend of Sep- New Martinsville Records and Regatta New Martinsville, Ohio River, Mile 128–129 (West Vir- tember and/or first weekend in Octo- Challenge Committee. WV. ginia). ber. 80. 2 days—First weekend of October Three Rivers Rowing Association/Head Pittsburgh, PA ...... Allegheny River mile 0.0–5.0 (Pennsyl- of the Ohio Regatta. vania). 81. 1 day—First or second weekend in Lookout Rowing Club/Chattanooga Chattanooga, TN... Tennessee River, Mile 463.0–468.0 October. Head Race. (Tennessee).
VerDate Sep<11>2014 15:59 May 21, 2021 Jkt 253001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations 27813
TABLE 1 TO § 100.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING MARINE EVENTS—Continued
Date Event/sponsor Ohio valley location Regulated area
82. 3 days—First or Second weekend Vanderbilt Rowing/Music City Head Nashville, TN...... Cumberland River, Mile 189.5–196.0 in October. Race. (Tennessee). 83. 2 days—First or second week of Head of the Ohio Rowing Race ...... Pittsburgh, PA ...... Allegheny River, Mile 0.0–3.0 (Penn- October. sylvania). 84. 2 days—One of the first three Norton Healthcare/Ironman Triathlon ... Louisville, KY ...... Ohio River, Mile 600.5–605.5 (Ken- weekends in October. tucky). 85. 2 days—Two days in October ...... Secret City Head Race Regatta ...... Oak Ridge, TN ...... Clinch River, Mile 49.0–54.0 (Ten- nessee). 86. 3 days—First weekend in Novem- Atlanta Rowing Club/Head of the Chattanooga, TN... Tennessee River, Mile 463.0–468.0 ber. Hooch Rowing Regatta. (Tennessee). 87. 1 day—One weekend in November Charleston Lighted Boat Parade ...... Charleston, WV ..... Kanawha River, Mile 54.3–60.3 (West or December. Virginia).
* * * * * also filed comments in support of the sent to Congress and the Government Dated: May 11, 2021. channel substitution. In support, the Accountability Office pursuant to the Licensee states that the Commission has Congressional Review Act, see 5 U.S.C. A.M. Beach, recognized that VHF channels have 801(a)(1)(A). Captain, U.S. Coast Guard, Captain of the certain propagation characteristics Port, Sector Ohio Valley. List of Subjects in 47 CFR Part 73 which may cause reception issues for [FR Doc. 2021–10890 Filed 5–21–21; 8:45 am] some viewers, that the reception of VHF Television. BILLING CODE 9110–04–P signals requires larger antennas relative Federal Communications Commission. to UHF channels, and that WFXL has Thomas Horan, received numerous complaints from Chief of Staff, Media Bureau. FEDERAL COMMUNICATIONS viewers unable to receive the Station’s COMMISSION over-the-air signal, despite being able to Final Rule receive signals from other stations. In For the reasons discussed in the 47 CFR Part 73 addition, the Licensee submitted an preamble, the Federal Communications analysis, using the Commission’s [MB Docket No. 21–70; RM–11886; DA 21– Commission amends 47 CFR part 73 as TVStudy software analysis program, 582; FR ID 28089] follows: demonstrating that WFXL will continue Television Broadcasting Services to serve all of the population located PART 73—RADIO BROADCAST Albany, Georgia within the licensed channel 12 contour. SERVICE This is a synopsis of the AGENCY: Federal Communications Commission’s Report and Order, MB ■ Commission. 1. The authority citation for part 73 Docket No. 21–70; RM–11886; DA 21– continues to read as follows: ACTION: Final rule. 582, adopted May 17, 2021, and Authority: 47 U.S.C. 154, 155, 301, 303, released May 17, 2021. The full text of SUMMARY: On March 4, 2021, the Media 307, 309, 310, 334, 336, 339. this document is available for download Bureau, Video Division (Bureau) issued at https://www.fcc.gov/edocs. To request ■ 2. In § 73.622(i), amend the Post- a Notice of Proposed Rulemaking in materials in accessible formats for Transition Table of DTV Allotments, response to a petition for rulemaking people with disabilities (braille, large under Georgia, by revising the entry for filed by WFXL Licensee, LLC (Licensee), print, electronic files, audio format), Albany to read as follows: the licensee of WFXL, channel 12 send an email to [email protected] or call (FOX), Albany, Georgia, requesting the § 73.622 Digital television table of the Consumer & Governmental Affairs substitution of channel 29 for channel allotments. Bureau at 202–418–0530 (voice), 202– 12 at Albany in the DTV Table of * * * * * 418–0432 (tty). Allotments. For the reasons set forth in (i) * * * the Report and Order referenced below, This document does not contain the Bureau amends FCC regulations to information collection requirements Community Channel No. substitute channel 29 for channel 12 at subject to the Paperwork Reduction Act Albany. of 1995, Public Law 104–13. In addition, therefore, it does not contain any ***** DATES: Effective May 24, 2021. proposed information collection burden FOR FURTHER INFORMATION CONTACT: ‘‘for small business concerns with fewer GEORGIA Joyce Bernstein, Media Bureau, at (202) than 25 employees,’’ pursuant to the 418–1647 or [email protected]. Small Business Paperwork Relief Act of ***** SUPPLEMENTARY INFORMATION: The 2002, Public Law 107–198, see 44 U.S.C. Albany ...... 10, 29 proposed rule was published at 86 FR 3506(c)(4). Provisions of the Regulatory 15885 on March 25, 2021. The Licensee Flexibility Act of 1980, 5 U.S.C. 601– ***** filed comments in support of the 612, do not apply to this proceeding. petition reaffirming its commitment to The Commission will send a copy of [FR Doc. 2021–10858 Filed 5–21–21; 8:45 am] apply for channel 29. A viewer of WFXL this Report and Order in a report to be BILLING CODE 6712–01–P
VerDate Sep<11>2014 17:42 May 21, 2021 Jkt 253001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1 khammond on DSKJM1Z7X2PROD with RULES 27814 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations
DEPARTMENT OF COMMERCE a reasonable opportunity to harvest reproductive status. Additional quotas under relevant international opportunity to land BFT would support National Oceanic and Atmospheric fishery agreements such as the ICCAT the collection of a broad range of data Administration Convention, which is implemented for these studies and for stock domestically pursuant to ATCA. monitoring purposes. 50 CFR Part 635 In 2018, NMFS implemented a final NMFS also considered the catches of rule that established the U.S. BFT quota [Docket No. 180117042–8884–02; RTID the General category quota to date and 0648–XB054] and subquotas consistent with ICCAT the likelihood of closure of the General Recommendation 17–06 (83 FR 53191, category if no adjustment is made Atlantic Highly Migratory Species; October 11, 2018). In 2020, following a (§ 635.27(a)(8)(ii)). Commercial-size BFT Atlantic Bluefin Tuna Fisheries stock assessment update, ICCAT are anticipated to migrate to the fishing adopted Recommendation 20–06, which grounds off the northeast U.S. coast by AGENCY: National Marine Fisheries maintained the total allowable catch of early June. Based on General category Service (NMFS), National Oceanic and 2,350 metric tons (mt) and the catch rates during the June through Atmospheric Administration (NOAA), associated U.S. quota. As such, as August time period over the last several Commerce. described in § 635.27(a), the current years, it is unlikely that the June ACTION: Temporary rule; inseason baseline U.S. quota continues to be through August subquota will be filled General category retention limit 1,247.86 mt (not including the 25 mt with the default daily retention limit of adjustment. ICCAT allocated to the United States to one BFT per vessel, as was the case in account for bycatch of BFT in pelagic SUMMARY: NMFS is adjusting the 2020, as further described below. NMFS longline fisheries in the Northeast is setting the June through August 2021 Atlantic bluefin tuna (BFT) General Distant Gear Restricted Area). The category daily retention limit from the limit in such a way that NMFS believes, General category baseline quota informed by past seasons, increases the default limit of one large medium or continues to be 555.7 mt as described in giant BFT to three large medium or giant likelihood that the fishery will remain § 635.27(a). Each of the General category open throughout the subperiod and BFT for June 1 through August 31, 2021. time periods (January, June through This action is based on consideration of year. NMFS also is aware of and took August, September, October through into consideration a recently published the regulatory determination criteria November, and December) is allocated a regarding inseason adjustments and proposed rule that would set restricted- portion of the annual General category fishing days for the General category applies to Atlantic Tunas General quota. category (commercial) permitted vessels during the months of July through and Highly Migratory Species (HMS) Adjustment of General Category Daily November 2021 (86 FR 25992, May 12, Charter/Headboat permitted vessels Retention Limit 2021). If finalized, this proposed rule with a commercial sale endorsement Unless changed, the General category would further increase the likelihood when fishing commercially for BFT. daily retention limit starting on June 1 that the fishery would remain open throughout the subperiod and year. DATES: Effective June 1, 2021, through would be the default retention limit of NMFS also considered the effects of August 31, 2021. one large medium or giant BFT (measuring 73 inches (185 cm) curved the adjustment on the BFT stock and the FOR FURTHER INFORMATION CONTACT: effects of the adjustment on Larry Redd, Jr., [email protected], fork length (CFL) or greater) per vessel per day/trip (§ 635.23(a)(2)). This accomplishing the objectives of the 2006 301–427–8503, Nicholas Velseboer, default retention limit would apply to Consolidated HMS FMP [email protected], 978–675– General category permitted vessels and (§ 635.27(a)(8)(v) and (vi)). This 2168, or Lauren Latchford, to HMS Charter/Headboat permitted retention limit would be consistent with [email protected], 301–427– vessels when fishing commercially for established quotas and subquotas, 8503. BFT. which are implemented consistent with SUPPLEMENTARY INFORMATION: Atlantic Under § 635.23(a)(4), NMFS may ICCAT recommendations, (established highly migratory species (HMS) increase or decrease the daily retention in Recommendation 17–06 and fisheries, including BFT fisheries, are limit of large medium and giant BFT maintained in Recommendation 20–06), managed under the authority of the over a range of zero to a maximum of ATCA, and the objectives of the 2006 Atlantic Tunas Convention Act (ATCA; five per vessel based on consideration of Consolidated HMS FMP and 16 U.S.C. 971 et seq.) and the the relevant criteria provided under amendments. In establishing these Magnuson-Stevens Fishery § 635.27(a)(8). NMFS has considered all quotas and subquotas and associated Conservation and Management Act of the relevant determination criteria management measures, ICCAT and (Magnuson-Stevens Act; 16 U.S.C. 1801 and their applicability to the General NMFS considered the best scientific et seq.). The 2006 Consolidated Atlantic category BFT retention limit for June information available, objectives for HMS Fishery Management Plan (FMP) through August 2021. The criteria stock management and status, and and its amendments are implemented include, but are not limited to, the effects on the stock. This retention limit by regulations at 50 CFR part 635. following: is in line with the established Section 635.27 divides the U.S. BFT Regarding the usefulness of management measures and stock status quota recommended by the information obtained from catches in determinations. It is also important that International Commission for the the particular category for biological NMFS limit landings to the subquotas Conservation of Atlantic Tunas (ICCAT) sampling and monitoring of the status of both to adhere to the subquota and as implemented by the United the stock (§ 635.27(a)(8)(i)), biological allocations and to ensure that landings States among the various domestic samples collected from BFT landed by are as consistent as possible with the fishing categories, per the allocations General category fishermen and pattern of fishing mortality (e.g., fish established in the 2006 Consolidated provided by BFT dealers continue to caught at each age) that was assumed in HMS FMP and its amendments. NMFS provide NMFS with valuable parts and the latest stock assessment, and this is required under the Magnuson-Stevens data for ongoing scientific studies of retention limit is consistent with those Act to provide U.S. fishing vessels with BFT age and growth, migration, and objectives.
VerDate Sep<11>2014 15:59 May 21, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations 27815
Another principal consideration in available to be transferred from the available 2021 quota based on 2020 setting the retention limit is the Reserve category to the General underharvest), without exceeding it, objective of providing opportunities to category, and such transfers have while maintaining an equitable harvest the available General category occurred in the past, the carryover of distribution of fishing opportunities; quota without exceeding the annual underharvest would make it more likely help optimize the ability of the General quota, based on the objectives of the that General category quota will remain category to harvest its available quota; 2006 Consolidated HMS FMP and available through the end of 2021 for allow the collection of a broad range of amendments, including to achieve December fishery participants, despite data for stock monitoring purposes; and optimum yield on a continuing basis the transfer of 19.5 mt from the 28.9-mt be consistent with the objectives of the and to optimize the ability of all permit General category December 2021 2006 Consolidated HMS FMP and categories to harvest available BFT subquota period to the January 2021 amendments. Therefore, NMFS quota allocations (related to subquota period (85 FR 83832, increases the General category retention § 635.27(a)(8)(x)). December 23, 2020); and 26 mt from the limit from the default limit (one) to Despite elevated General category Reserve category effective February 8, three large medium or giant BFT per limits, the vast majority of successful 2021 (86 FR 8717, February 9, 2021). vessel per day/trip, effective June 1, trips (i.e., General or Charter/Headboat NMFS anticipates that General 2021, through August 31, 2021. trips on which at least one BFT is category participants in all areas and Regardless of the duration of a fishing landed under General category quota) time periods will have opportunities to trip, the daily retention limit applies land only one or two BFT. For instance, harvest the General category quota in upon landing. For example (and specific the landings data for 2019 show that, 2021, through proactive inseason to the June through August 2021 limit), under the three-fish limit that applied management such as retention limit whether a vessel fishing under the June 1 through July 10, the proportion adjustments and/or the timing and General category retention limit takes a of trips that landed one, two, or three amount of quota transfers (based on two-day trip or makes two trips in one BFT was as follows: 77 Percent landed consideration of the determination day, the daily limit of three fish may not one; 17 percent landed two; and 6 criteria regarding inseason adjustments), be exceeded upon landing. This General percent landed three. In 2020, NMFS as practicable. NMFS will closely category retention limit is effective in all maintained a one-fish limit for the June monitor General category catch rates areas, except for the Gulf of Mexico, through August period to try to extend associated with the various authorized where NMFS prohibits targeting fishing the available quota until later in the gear types (e.g., harpoon, rod and reel) for BFT, and applies to those vessels subperiod given instability in the during the June through August period permitted in the General category, as market and to help pace landings and actively adjust the daily retention well as to those HMS Charter/Headboat consistent with the available subquota limit as appropriate to enhance permitted vessels with a commercial allocations. Landings for that period scientific data collection and ensure sale endorsement when fishing totaled 117 percent of the available June fishing opportunities in all respective commercially for BFT fishing through August subquota. NMFS largely time-period subquotas as well as ensure commercially for BFT. For information attributes this exceedance despite the available quota is not exceeded. regarding the HMS Charter/Headboat low retention level to circumstances A limit lower than three fish at the commercial sale endorsement, see 82 FR that were unique to 2020 and late start of the June through August period 57543, December 6, 2017. landings at the end of the 2020 period. could result in diminished fishing Monitoring and Reporting Over the last several years, NMFS has opportunities for those General category received conflicting comments about the vessels using harpoon gear, based on NMFS will actively monitor the BFT appropriate daily retention limit. Some past fish behavior early in the season. fishery closely. Dealers are required to argue that a high daily retention limit Lower limits may also result in effort submit landing reports within 24 hours (specifically five fish) is needed to shifts from the General category to the of a dealer receiving BFT. Late reporting optimize General category fishing Harpoon category, which could result in by dealers compromises NMFS’ ability opportunities and account for seasonal premature closure of the Harpoon to timely implement actions such as distributions by enabling vessels to category and, potentially, additional quota and retention limit adjustment, as make overnight trips to distant fishing inseason adjustments. General category well as closures, and may result in grounds. Some have similarly argued for harpoon landings have averaged less enforcement actions. Additionally, and a higher General category limit at the than five percent of the General category separate from the dealer reporting start of the June–August period, as it landings in recent years and these requirement, General and HMS Charter/ would reduce the likelihood of effort landings occur early in the season. A Headboat vessel owners are required to shifting into the Harpoon category, three-fish retention limit for an report their own catch of all BFT which has a relatively small quota. appropriate period of time will provide retained or discarded dead, within 24 NMFS also, however, has received a greater opportunity to harvest the June hours of the landing(s) or end of each general comment that a lower limit through August subquota with harpoon trip, by accessing hmspermits.noaa.gov increases the likelihood that gear in the General category while or by using the HMS Catch Reporting opportunities will extend through the maintaining equitable distribution of app, or calling (888) 872–8862 (Monday late fall and the end of the calendar fishing opportunities for harpoon and through Friday from 8 a.m. until 4:30 year, as well as improves market rod and reel General category p.m.). conditions. participants. Depending on the level of fishing NMFS anticipates that some Given these considerations, we have effort and catch rates of BFT, NMFS underharvest of the 2020 adjusted U.S. determined that a three-fish General may determine that additional BFT quota will be carried forward to category retention limit is warranted for adjustments are necessary to ensure 2021 to the Reserve category, in the beginning of the June–August 2021 available quota is not exceeded or to accordance with the regulations, this subquota period. This retention limit enhance scientific data collection from, summer when complete BFT catch would provide a reasonable opportunity and fishing opportunities in, all information for 2020 is available and to harvest the available U.S. BFT quota geographic areas. If needed, subsequent finalized. Because such quota would be (including the expected increase in adjustments will be published in the
VerDate Sep<11>2014 15:59 May 21, 2021 Jkt 253001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1 khammond on DSKJM1Z7X2PROD with RULES 27816 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations
Federal Register. In addition, fishermen limit adjustments by publishing the DEPARTMENT OF COMMERCE may call the Atlantic Tunas Information notification in the Federal Register, Line at (978) 281–9260, or access emailing individuals who have National Oceanic and Atmospheric hmspermits.noaa.gov, for updates on subscribed to the Atlantic HMS News Administration quota monitoring and inseason electronic newsletter, and updating the adjustments. information posted on the Atlantic 50 CFR Part 660 Classification Tunas Information Line and on [Docket No. 210518–0108] hmspermits.noaa.gov. With quota The Assistant Administrator for RIN 0648–BK60 NMFS (AA) finds that it is impracticable available and fish available on the and contrary to the public interest to grounds, and with no additional Magnuson-Stevens Act Provisions; provide prior notice of, and an expected impacts to the stock, it would Fisheries Off West Coast States; opportunity for public comment on, this be contrary to the public interest to Pacific Coast Groundfish Fishery; action for the following reasons: require vessels to wait to harvest the 2021–2022 Biennial Specifications and The regulations implementing the additional fish allowed through this Management Measures; Correction 2006 Consolidated HMS FMP and action. Therefore, the AA finds good AGENCY: National Marine Fisheries amendments provide for inseason cause under 5 U.S.C. 553(b)(B) to waive Service (NMFS), National Oceanic and retention limit adjustments to respond prior notice and the opportunity for Atmospheric Administration (NOAA), to the unpredictable nature of BFT public comment. Commerce. availability on the fishing grounds, the Adjustment of the General category migratory nature of this species, and the ACTION: Final rule; correcting retention limit needs to be effective June regional variations in the BFT fishery. amendment. 1, 2021, or as soon as possible The timing of this rulemaking will allow thereafter, to minimize any unnecessary SUMMARY: This action contains approximately two weeks’ prior notice corrections to the final rule for the to the regulated community. Affording disruption in fishing patterns, to allow the impacted sectors to benefit from the 2021–2022 Biennial Harvest additional prior notice and an Specifications and Management opportunity for public comment on the adjustment, and to not preclude fishing opportunities for fishermen in Measures for groundfish harvested in change in the daily retention limit from the U.S. exclusive economic zone off the geographic areas with access to the the default level for the June through coasts of Washington, Oregon, and fishery only during this time period. August 2021 subquota period would be California published on December 11, Foregoing opportunities to harvest the impracticable. Based on available BFT 2020. This action corrects: The seaward quotas, fishery performance in recent respective quotas may have negative boundary of the non-trawl Rockfish years, and the availability of BFT on the social and economic impacts for U.S. Conservation Area, the southern fishing grounds, responsive adjustment fishermen that depend upon catching boundary of the trawl Rockfish to the General category BFT daily the available quota within the time Conservation Area, the salmon troll retention limit from the default level is periods designated in the 2006 incidental limits title, and republishes warranted to allow fishermen to take Consolidated HMS FMP and two trip limit tables that had text advantage of availability of fish and of amendments. Therefore, the AA finds inadvertently cut off. quota. NMFS could not have proposed there is also good cause under 5 U.S.C. DATES: This final rule is effective on these actions earlier, as it needed to 553(d) to waive the 30-day delay in consider and respond to updated data May 24, 2021. effectiveness. and information about fishery ADDRESSES: Electronic Access: This rule conditions and this year’s landings. If This action is being taken under is accessible via the internet at the NMFS was to offer a public comment § 635.23(a)(4) and is exempt from Office of the Federal Register website at period now, after having appropriately review under Executive Order 12866. https://www.federalregister.gov. Background information and documents considered that data, it would preclude Authority: 16 U.S.C. 971 et seq. and 1801 are available at the Pacific Fishery fishermen from harvesting BFT that are et seq. legally available consistent with all of Management Council’s website at http:// the regulatory criteria, and/or could Dated: May 18, 2021. www.pcouncil.org/. result in selection of a retention limit Jennifer M. Wallace, FOR FURTHER INFORMATION CONTACT: inappropriate to the amount of quota Acting Director, Office of Sustainable Keeley Kent, phone: 206–247–8252 or available for the period. Fisheries, National Marine Fisheries Service. email: [email protected]. Fisheries under the General category [FR Doc. 2021–10825 Filed 5–21–21; 8:45 am] SUPPLEMENTARY INFORMATION: daily retention limit will commence on BILLING CODE 3510–22–P June 1 and thus prior notice would be Background contrary to the public interest. Delays in The Pacific Coast Groundfish Fishery increasing these retention limits would Management Plan (PCGFMP) and its adversely affect those General and implementing regulations at title 50 in Charter/Headboat category vessels that the Code of Federal Regulations (CFR), would otherwise have an opportunity to part 660, subparts C through G, regulate harvest more than the default retention fishing for over 90 species of groundfish limit of one BFT per day/trip and may off the coasts of Washington, Oregon, result in low catch rates and quota and California. The Pacific Fishery rollovers. Analysis of available data Management Council (Council) shows that adjustment to the BFT daily develops groundfish harvest retention limit from the default level specifications and management would result in minimal risks of measures for two-year periods (i.e., a exceeding the ICCAT-allocated quota. biennium). NMFS published the final NMFS provides notification of retention rule to implement harvest specifications
VerDate Sep<11>2014 15:59 May 21, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations 27817
and management measures for the not recommended for change through support management decisions in the 2021–2022 biennium for most species the 2021–2022 harvest specifications Pacific Coast groundfish fishery. These managed under the PCGFMP on rulemaking. This final rule will correct corrections are consistent with the December 11, 2020 (85 FR 79880). the southern boundary from 45°46′ N Council’s intent for regulations and the NMFS also published a correction (85 latitude to 46°16′ N latitude, which public expects the regulations to be FR 86853, December 31, 2020) and a aligns with the Washington/Oregon written as in the correction. No change correcting amendment (86 FR 14379, border. in operating practices in the fishery is March 16, 2021) to implement the required. Salmon Troll Incidental Allowance Council’s recommendations for the For the same reasons stated above, the Correction 2021–2022 harvest specifications and AA has determined good cause exists to management measures. The final rule included a waive the 30-day delay in effectiveness typographical error in the salmon troll pursuant to 5 U.S.C. 553(d). This notice Non-Trawl Rockfish Conservation Area incidental limits title in Table 3 South makes only minor corrections to the Correction to Subpart F. The table in the final rule final rule which was effective January 1, The final rule, published on incorrectly referenced incidental 2021. Delaying effectiveness of these December 11, 2020 (85 FR 79880), retention of yellowtail and incidental corrections would result in conflicts in included a typographical error in the retention of lingcod in the title of the the regulations and confusion among seaward boundary line of the Non-Trawl section. Salmon trollers are not allowed fishery participants. Because prior Rockfish Conservation Area (RCA) south to retain incidentally caught lingcod notice and an opportunity for public of 34°27′ N lat. in Table 2 (South) to south of 40°10′ N latitude, as was comment are not required to be Subpart E. The final rule mistakenly correctly described in the description of provided for this rule by 5 U.S.C. 553, amended the seaward boundary of the the limit. This correction of the title or any other law, the analytical non-trawl RCA described for the limited would address that inconsistency. requirements of the Regulatory entry fixed gear fishery in a way that Other Errors in Table Readability Flexibility Act, 5 U.S.C. 601 et seq., are was inconsistent with the Council- not applicable. Accordingly, no recommended boundaries and was also This correction also republishes Table Regulatory Flexibility Analysis is contradictory to the boundaries of the 2 North and Table 3 South as the final required for this rule and none has been non-trawl RCA described in open access rule had a row of cut off text in each. prepared. fishery regulations. This final rule will Classification This final rule is not significant under correct the seaward boundary from the Executive Order 12866. boundary line approximating the 125 Pursuant to 5 U.S.C. 553(b)(B), the This final rule contains no fathom (fm) depth contour to the Assistant Administrator for Fisheries information collection requirements boundary line approximating the 150 fm (AA) finds there is good cause to waive under the Paperwork Reduction Act of depth contour. At the April 8–9 and 12– prior notice and an opportunity for 1995. 15, 2021 virtual meeting, the Council public comment on this action, as notice recommended that this correction be and comment would be unnecessary List of Subjects in 50 CFR Part 660 implemented quickly to resolve and contrary to public interest. Notice Fisheries, Fishing, and Indian inconsistencies within the regulations, and comment are unnecessary and Fisheries. reduce confusion among members of contrary to the public interest because industry, and to promote ease of this action corrects inadvertent errors Dated: May 18, 2021. enforcement for the boundaries of the related to the December 11, 2020 final Samuel D. Rauch, III, non-trawl RCA. rule (85 FR 79880). Immediate Deputy Assistant Administrator for correction of the errors is necessary to Regulatory Programs, National Marine Trawl Rockfish Conservation Area prevent confusion among participants in Fisheries Service. Correction the fishery. To effectively correct the For the reasons set out in the The final rule also included a errors, the changes in this action must preamble, 50 CFR part 660 is amended typographical error in the southern be effective upon publication as the as follows: boundary line of the Trawl RCA in fishery has already begun. Thus, there is BILLING CODE 3510–22–P Table 1 (North) to part 660, subpart D. not sufficient time for notice and The final rule mistakenly amended the comment. In addition, notice and PART 660—FISHERIES OFF WEST southern boundary of the trawl RCA in comment is unnecessary because this COAST STATES a way that was inconsistent with the notice makes only minor changes to Council-recommended boundaries that correct inadvertent errors related to the ■ 1. The authority citation for part 660 were established previously under December 11, 2020 final rule (85 FR continues to read as follows: Amendment 28 to the PCGFMP (84 FR 79880). These corrections will not affect Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 63966; November 19, 2019) and were the results of analyses conducted to 773 et seq., and 16 U.S.C. 7001 et seq.
VerDate Sep<11>2014 17:45 May 21, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1 khammond on DSKJM1Z7X2PROD with RULES 27818 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations
■ 2. Revise Table 1 (North) to part 660, subpart D, to read as follows:
-~-·--"- ····~ Table 1 (North) to Part 660, Subpart D -- Limited Entry Trawl Rockfish Conservation Areas and Landing Allowances for non-lFQ Species and Pacific Whiting North of 40°10' N. Lat.
This table describes Rockflsh Conservation Areas for vessels using groundflsh trawl gear. This table describes Incidental landing allowances for vessels registered to a Federal limited entry trawl permit and using groundflsh trawl or groundflsh non-trawl gears to harvest Individual fishing quota (IFQ) species. i Other Limits and Requirements Apply-- Read§ 660.10 -§ 660.399 before using this table I I 05/10/2021 JAN-FEB I MAR-APR I MAY-JUN I JUL-AUG I SEP-OCT I NOV-DEC
Rockflsh Conservation Area (RCA) 11:
I 1 I North of 46°16' N. lat. 100 Im line 11 -150 Im line 11
2 46"16' N. lat. - 40°10' N. lat. Block Area Closures (BACs) may be implemented, and will be announced in the Federal Register. I
See provisions at § 660.130 for gear restrictions and requirements by area. Vessels fishing groundfish trawl quota pounds with groundfish nori-trawl gears, under gear switching provisions at § 660.140, are subject to the limited entry groundfish trawl fishery landing allowances in this table, regardless of the type of fishing gear used. Vessels fishing groundfish trawl quota pounds with groundfish nori-trawl gears, under gear switching provisions at§ 660.140, are subject to the limited -I entry fixed gear nori-trawl RCA, as described in Tables 2 (North) and 2 (South) to Part 660, Subpart E. )> OJ See§ 660.60, § 660.130, and§ 660.140 for Add~lonal Gear, Trip Lim~, and Conservation Area Requirements and Restrictions. See§§ 660. 70-660.74 and §§ 660. 76-660.79 for Conservation Area Descriptions and Coordinates (Including RCAs, YRCA, CCAs, Farallon Islands, Cordell Banks, and EFHCAs). r- m State trip limits and seasons may be more restrictive than federal trip limits, particularly in waters off Oregon and California.
1Mlnor Nearshore Rockflsh, Washington Black 3 300 lb/ month rockflsh & Oregon Black/blue/deacon rockflsh - 4 Whltlng31 -z 0 Before the primary whiting season: CLOSED. -- During the primary season: mid-water trawl permitted in 5 midwater trawl -, the RCA. See §660.131 for season and trip limit details. -- After the primary whiting season: CLOSED . ... - :::r Before the primary whiting season: 20,000 lb/trip. -- During the primary season: 10,000 lb/trip. --After the 6 large & small footrope gear primary whiting season: 10,000 lb/trip. - I 7 Oregon Cabezon/Kelp Greenllng complex 50 lb/ month I 8 Cabezon In CalWornla 50 lb/ month I ; 9 Spiny dogfish 60,000 lb/ month I , I 101Blgskate Unlimited
I 11 Longnose skate Unlimited i 12 Other Fish 41 Unlimited 11/ The Rockfish Conservation Area is an area closed to fishin g by particular earlyp es ' bounded b lines s ecificall defined b latitude and lo n itude 'coordinates set out at§§ 660.71-660.74. This RCA is not defined by depth contours, and the boundary lines that define the RCA may close areas Ithat are deeper or shallower than the depth contour. Vessels that are subject to the RCA restrictions may not fish in the RCA, or operate in the IRCA for".ny purpose other than transiting. 121 The "modified" fathom lines are modified to exclude certain petrale sole areas from the RCA. b, As specified at §660.131(d), when fishing in the Eureka Area, no more than 10,000 lb of whiting may be taken and retained, possessed, or landed by a vessel that, at any time during the fishing trip, fished in the fishery management area shoreward of 100 Im contour. I4/ "other Fish" are defined at§ 660.11 and include kelp gre_e_n_lin_g_o_f_f_C_a_lif_o_rn_ia__ a_n_d_l_eo_p_a_rd_s_ha_r_k. ______,
1To convert pounds to kilograms, divide by 2.20462, the number of pounds In one kilogram.
VerDate Sep<11>2014 17:45 May 21, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4725 E:\FR\FM\24MYR1.SGM 24MYR1 khammond on DSKJM1Z7X2PROD with RULES ER24MY21.012 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations 27819
■ 3. Revise Table 2 (North) to part 660, subpart E, to read as follows:
!--IT a bl e 2 IN o rth l t o P a rt 660 , S u b pa rt E - Non- Tr~~_.QC IR kfi1s h Conserva f 10n A reas an d T np. L.1m1 ·t s f or L.1m1 ·t e d E ncrv t F",xe d G ear N0 rth 0 f 40°10' N i i lother limits and requirements apply-- Read §§660.10 through 660.399 before using this table I I I I I I 5t1oi2021 I JAN-FEB I MAR-APR I MAY-JUN I JUL-AUG I SEP-OCT I NOV-DEC
~ockfish Con~ervation Area (RCA)11 : I 1 North of 46 16' N. lat shoreline - 100 Im line 11 11 12 0 0 40 Im line -100 Im line" IJ 46 16' N. lat - 40 1O' N. lat 30 Im line 11- 40 Im line 1121 See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70~60.74 and §§660.76~60.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAsl. State trip limits and seasons may be more restrictive than Federal trip limits or seasons, particularly in waters off Oregon and California. Minor Slope Rockfish 31 & Darkblotched 4 rockfish 8,000 lb/ 2 month 5 Pacific ocean perch 3,600 lb/ 2 months 6 Sablefish 1,700 lb week, not to exceed 5,100 lbs/ 2 months 7 Longspine thornyhead 10,000 lb/ 2 months 8 Shortspine thornyhead 2,000 lb/ 2 months I 2,500 lb/ 2 months .... 9 Dover sole, arrowtooth flounder, petrale l> w sole, English sole, starry flounder, Other 10,000 lbs/ month ,..Ill 11 Flatfish4181 m 12 Whiting 10,000 lb/ trip 13 Minor Shelf Rockfish31 800 lbs / month "' 14 Shortbelly Rockfish 200 lbs/ month - 15 Widow rockfish 4,000 lb/ 2 month z 0 16 Yellowtail rockfish 3,000 lb/ month :::. 17 Canary rockfish 3,000 lb/ 2 months ::r 18 Yelloweye rockfish CLOSED - 19 Minor Nearshore Rockfish, Oregon black/blue/deacon rockfish & CA black rockfish 51 5,000 lb/ 2 months, no more than 1,200 lb of which may be species other than black rockfish or 20 North of 42°00' N. lat blue/deacon rockfsh 41 21 42°00' N. lat -40°10' N. lat 7,000 lb/ 2 months, no more than 2,000 lb of which may be species other than black rockfsh E Li~g~od 61 23 North of 42°00' N. lat 4,000 lb/ 2 months 24 42°00' N. lat -40°10' N. lat 2, 000 lb/2 months 25 Pacific cod 1,000 lb/ 2 months 150,000 lb/ 26 Spiny dogfish 200,000 lb/ 2months 100,000 lb/ 2months I 2months I 27 Longnose skate Unlimited 28 other Fish 71& Cabezon in California Unlimited 29 Oregon Cabezon/Kelp Greenling Unlimited 30 Big skate Unlimited 1/ The Rockfish Conservation Area is an area closed to fishing by particular gear types, bounded by lines specifically defined by latitude and longitude coordinates set out at§§ 660.71-660.74. This RCA is not defined by depth contours (with the exception of the 20-fm depth contour boundary south of 42° N. lat.), and the boundary lines that define the RCA may close areas that are deeper or shallower ~--"-_!!!~n the depth contour. Vessels that are subject to RCA restrictions may not fish in the RCA, or operate in the RCA for any purpose ._j ,-...... ~her than transiting. ---·------·------~ :2/ Between 46°16' N. lat. and 40°10' N. lat. and the 30fm and 40 fm lines, fishing 1s only allowed with hook-and-line gear except bottom longl1ne and dinglebar gear, as defined in §660.11 I 1 13/ Bocaccio, chilipepper and cowcod are included in the trip limits for Minor Shelf Rockfish and splitnose rockfish is included in the trip limits for Minor Slope Rockfish. I4/ "Other flatfish" are defined at§ 660.11 and include butter s~!~-~-~~~~n sole, flathead sole, Pacific sanddab, rex sole, rock sole, and sand sole. -·-- ·-1 151 For black rockfish north of Cape Aiava (48°09.50' N. lat.), and between Destruction Is. (47°40' N. lat.) and Leadbetter Pnt. there is an additional limit of 100 lb cr 30 percent by iweight of all fish on board, whichever is greater, per vessel, per fishing trip.(46°38.17' N. lat.), ------~------·---1I 1st }he minimum size limit for lingcod is 22 inches (56 cm) to~~!..~~~9J~ __North ___ ~~~-~~- and 24 in~hes (61 cm) total length South of 42° N. lat. ------7I 17/"other Fish" are defined at§ 660.11 and include kelp green ling off California and leopard shark. 18/ LEFG vessels are allowed to fish inside groundfish conservation areas using hook and line only. See section 660.230 (d) of the regulations for more information. To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram.
VerDate Sep<11>2014 17:45 May 21, 2021 Jkt 253001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4725 E:\FR\FM\24MYR1.SGM 24MYR1 khammond on DSKJM1Z7X2PROD with RULES ER24MY21.013 27820 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations
■ 4. Revise Table 2 (South) to part 660, subpart E, to read as follows:
ITable 2 (South) to Part 660~Subpart E - Non-Trawl Rockfish Conservation Areas and Trip Limits for Limited Entry Fixed Gear South.of 40°1o;·N:--J 10ther limits and requirements apply-• Read §§660. 10 through 660.399 before using this table 1 I I I 5/10/2021 JAN-FEB I MAR-APR I MAY.JUN I JUL-AUG I SEP-OCT I NOV-DEC Rockfish Conservation Area (RCA)11: 1 40°10' N. lat -38°57.5' N. lat 40 Im line 11 -125 Im line 11 2 38°57.5' N. lat -34°27' N. lat 50 Im line 11 -125 Im line 11 3 South of 34°27' N. lat 100 fm line" - 150 Im line 11 (also applies around islands) See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70~60.74 and §§660.76~60.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAs). State trio limits and seasons mav be more restrictive than Federal trio limits or seasons, Particularlv in waters off Oreaon and California. 4 Minor Slooe rockfish 21 & Darkblotched 40,000 lb/ 2 months, of which no more than 6,000 lb may be blackgill rockfish 5 Solitnose rockfish 40,000 lb/ 2 months 6 Sablefish 7 40°10'N. lat - 36°00' N. lat 1,700 lb/week, not to exceed 5,100 lbs/ 2 months 8 South of 36°00' N. lat 2,500 lb/ week 9 Longspine thornyhead 10,000 lb/ 2 months 10 Shortspine thornyhead 11 40°10' N. lat - 34 °27' N. lat 2,000 lb/ 2 months I 2,500 lb/ 2 months 12 South of 34 °27' N. lat 3,000 lb/ 2 months 13 Dover sole, arrowtooth flounder, petrale 14 sole, English sole, starry flounder, Other 10,000 lb/ month -I 'ts Flatfish 3181 )> 16 Whiting 10,000 lb/ trip Ill I'" 17 Minor Shelf Rockfish21 m 18 40°10' N. lat -34°27' N. lat 8,000 lbs./ 2 months, of which no more than 500 lbs. mav be vermilion 19 South of 34° 27' N. lat 5,000 lbs./ 2 months, of which no more than 3,000lbs. may be vermilion "' 20 Widow -en 21 40°10' N. lat -34°27' N. lat 10,000 lbs./ 2 months 0 C 22 South of 34° 27' N. lat 8,000 lbs./ 2 months ... ::r 23 Chilipepper - 24 40°10' N. lat -34°27' N. lat 10,000 lbs./ 2 months 25 South of 34° 27' N. lat 8,000 lbs./ 2 months 26 Shortbelly Rockfish 27 South of 40°10' N. lat 200 lb/ month 28 Canary rockfish 3,500 lbs/ 2 months 29 Yelloweye rockfish CLOSED 30 Cowcod CLOSED 31 Bronzesootted rockfish CLOSED 32 Bocaccio 6,000 lbs/ 2 months 33 Minor Nearshore Rockfish 34 Shallow nearshore41 2,000 lbs/ 2 months 35 Deeoer nearshore 51 2,000 lbs/ 2 months 36 California Scorpionfish 3,500 lbs/ 2 months 37 Lingcod 61 1,600 lbs/ 2 months 38 Pacific cod 1,000 lb/ 2 months 150,000 lb/ 2 39 Spiny dogfish 200,000 lb/ 2 months I 100,000 lb/ 2 months I months 40 Longnose skate Unlimited 41 other Fish 71 & Cabezon in California Unlimited 42 Big Skate Unlimited 1/ i;he Rockfish Conservation Area is an area closed to fishinq bl'. earticular gear tn!es, bounded by lines specifically defined by latitude IQ!!.gitude coordinates set out at..§l.660.71-660.74. This RCA is not ~efin~depth contours (with the exception of the 20-fm .. --1 boundaN south of 42° N. lat.), and the boundarl'. lines that define the RCA ma:,: close areas that are dee~er or s~allc;,'Ner I I contour. Vessels that are subiect to RCA restrictions mav not fish in the RCA or operate in the RCA for anv puroose sitina. I included in the trio limits for Mnor Slope Rockfish. Blackaill rockfish haw a SE!ecies SE!ecific tri12 sub-limit within the Minor Rockfish cumulative limit. Yellatll:ail rockfish are included in the triE! limits for Minor Shelf Rockfish. Bronzes12otted rockfish I s □ ecies s □ ecific trio limit. I 13/ "Other Flatfish" are defined at G 660.11 and include butter sole, curlfin sole, flathead sole, Pacific sanddab, rex sole, rock sole, and sand sole. i I ~.§__h~.!_~_~earshore" are defined a!.l 660.11 under "Groundfish" (7)(i)(B)(! ). i I I I I I I I s !---· 15/ "Dee er Nearshore" are defined at §.[~QjJ under "Groundfish" (7Jllllil)(2). , ·---1-- 6/ The commercial mimimum size limit for lin cod is 24 inches 61 cm total len th South of 42° N. lat. ZL'.'.Q.ther Fish" are defined at§ 660.11 and include kelp QI.e~e~n~li~ng=of~f~C~•l~ifor=ni=•~•~nd=l•~op~•~rd=•h~•~rk~------·"-~~ 8/ LEFG vessels are allat1ed to fish inside groundfish conservation areas using hook and line only. See section 660.230 (d) qr the regulations for more information. iro convert pounds to klograms, divide by 2.20462, the number of pounds in one klogram.
VerDate Sep<11>2014 17:45 May 21, 2021 Jkt 253001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4725 E:\FR\FM\24MYR1.SGM 24MYR1 khammond on DSKJM1Z7X2PROD with RULES ER24MY21.014 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations 27821
■ 5. Revise Table 3 (South) to part 660, subpart F, to read as follows:
Table 3 (Southl to Part 660, Suboart F-- Non-Trawl Rockfish Conservation Areas and Trio Limits for Ooen Access Gears South of 40°10' N. lat. !Other limits and requirements applv-- Read & 660.10 throuqh 660.399 before usinq this table I I I 5/10/2021 JAN-FEB I MAR-APR I MAY-JUN I JUL-AUG I SEP-OCT I NOV-DEC Rockfish Conservation Area {RCA) 11 : I I I I I I I I I I I 1 40.10' N. lat - 38°57.5' N. lat 40 fm line 11 - 125 fm line 11 2 138°57.5' N. lat -34°27' N. lat 50 fm line 11 - 125 fm line 11 3 South of 34 ·27' N. lat 100 fm line 11 - 150 fm line 11 (also applies around islands) See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-660.74 and §§660.76- 660. 79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAs). State trip limits and seasons may be more restrictive than Federal trip limits or seasons, particularly in waters off Oregon and California. Minor Slope Rockfish21 & Darkblotched 4 10,000 lbs/ 2 months, of which no more than 2,500 lbs may be blackgill rockfish rockfish 5 Splitnose rockfish 200 lbs/ month 6 Sablefish 7 40.10' N. lat - 36.00' N. lat 600 lbs. daily, or 1 landinq per week up to 2,000 lbs., not to exceed 4,000 lbs/2 months 8 I South of 36.00' N. lat 2,000 lbs/week, not to exceed 6,000 lbs/2 months 9 Shortpine thornyheads 10 40.10' N. lat - 34.27' N. lat 50Ib/ month 11 Lonqspine thornvheads 12 40.10' N. lat - 34.27' N. lat 50 lb/ month 13 Shortpine thornyheads and longspine 14 I South of 34.27' N. lat 100 lbs/day, no more than 1,000 lbs/ 2 months Dover sole, arrowtooth flounder, petrale ~ --i 16 sole, English sole, starry flounder, Other 5,000 lbs/ month ► 17 Flatfish3181 Ill r 18 Whitinq 300 lbs/ month m 19 Minor Shelf Rockfish21 20 40.10' N. lat - 34.27' N. lat 4,000 lbs./ 2 months, of which no more than 400 lbs. may be vermilion "' 21 South of 34.27' N. lat 3,000 lbs. / 2 months, of which no more than 1,200Ibs. may be verm ii ion -Cl> 22 Widow 0 23 40.10' N. lat - 34.27' N. lat 6,000 lbs. / 2 months C: 24 South of 34.27' N. lat 4,000 lbs./ 2 months -:,- 25 Chilipepper - 26 40.10' N. lat - 34.27' N. lat 6,000 lbs. / 2 months 27 South of 34.27' N. lat 4,000 lbs. / 2 months 28 Shortbellv Rockfish 29 South of40°10' N. lat 200 lb/ month 22 Canary rockfish 1,500 lbs/ 2 months 23 Yelloweye rockfish CLOSED 24 Cowcod CLOSED 25 Bronzespotted rockfish CLOSED 26 Bocaccio 4,000 lbs/ 2 months 30 Minor Nearshore Rockfish 31 Shallow nearshore41 2,000 lbs/ 2 months 32 Deeoer nearshore51 2,000 lbs/ 2 months 33 California Scorpionfish 3,500 lbs/ 2 months 34 Linacod61 700 lbs/ months 35 Pacific cod 1,000 lbs/ 2 months 150,000 lbs/ 2 36 Spiny dogfish 200,000 lbs/ 2 months I 100,000 lbs/ 2 months I months 37 Longnose skate I Unlimited 38 Big skate Unlimited 39 Other Fish71 & Cabezon in California Unlimited
VerDate Sep<11>2014 17:45 May 21, 2021 Jkt 253001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4725 E:\FR\FM\24MYR1.SGM 24MYR1 khammond on DSKJM1Z7X2PROD with RULES ER24MY21.015 27822 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations
]:able 3 (South/ Continued !Other limits and requirements apply-- Read§ 660.10 through 660.399 before using this table -I i I 511012021 JAN-FEB I MAR-APR I MAY-JUN I JUL-AUG I SEP-OCT I NOV-DEC Rockfish Conservation Area (RCA)11 : I I I I I I I I I I ! 40 40° 10' N. lat. -38°57.5' N. lat. 40 fin line11 -125 fin line 11 41 38°57.5' N. lat. .;34°27' N. lat. 50 fin line11 -125 fin line 11 42 South of 34°27' N. lat. 100 Im line 11 - 150 fin line11 (also aoolies around islands) See §§660.60 and 660.230 for additional gear, trip llmlt and conservation area requirements and restrictions. See §§660. 70-660.74 and §§660.76- 660. 79 for conservation area descriptions and coordinates (Including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAs). 43 SALMON TROLL (subject to RCAs when retaining all species of groundfish, except for yel/owtail rockfish, as described below) Salmon !rollers may retain and land up to 1 lbs of yellowtail rocklish for every 2 lbs of Chinook salmon landed, with a cumulative limlt of 200 lbs/month, both within and outside of the RCA. This limit is within the 4,000 lbs per 44 South 0140°10' N. lat. 2 month limit for minor shelf rockfish between 40°10' and 34°27' N lat., and not in addition to that limit. All groundfish species are subject to the open access limits, seasons, size limits and RCA restrictions listed in the table above, unless otherwise stated here.
45 _RIDGEBACK PRAWN AND, SOUTH OF 38 57.50' N. LAT., CA HALIBUT AND SEA CUCUMBER NON-GROUNDFISH TRAWL 46 NON-GROUNDFISH TRAWL Rockfish Conservation Area (RCA) for CA Halibut, Sea Cucumber & Ridgeback Prawn: --i 11 II C' 100 fm line - 100 fm line " 471 40. 10' N. lat. - 38. 00' N. lat. I 100 fm line 11 -150 fm line 11 ii' i 200 fm line 11 I 200 fm line 11 "' 48 11 11 cii 38 °00' N. lat. - 34 °27' N. lat. 100 fm line -150 fm line 0 49 South of 34 • 27' N. lat. 100 fm line 11 -150 fm line 11 ! n Groundfish: 300 lbs/trip. Species-specific limits described in the table above also apply and are counted toward 0 a the 300 lbs groundfish per trip limit. The amount of groundfish landed may not exceed the amount of the target :i' species landed, except that the amount of spiny dogfish landed may exceed the amount of target species C landed. Spiny dogfish are limited by the 300 lbs/trip overall groundfish limit. The daily trip limits for sablefish "C. coastwide and thornyheads south of Pt. Conception and the overall groundfish "per trip" limit may not be 50 multiplied by the number of days of the trip. Vessels participating in the California halibut fishery south of 38057.50' N. lat. are allowed to (1) land up to 100 lbs/day of groundfish without the ratio requirement, provided that at least one California halibut is landed and (2) land up to 3,000 lbs/month of flatfish, no more than 300 lbs of which may be species other than Pacific sanddabs, sand sole, starry flounder, rock sole, curlfin sole, or California scorpionfish (California scorpionfish is also subject to the trip limits and closures in line 29).
51 PINK SHRIMP NON-GROUND FISH TRAWL GEAR (not subject to RCAs) -7 Effective April 1 - October 31: Groundfish: 500 lbs/day, multiplied by the number of days of the trip, not to exceed 1,500 lbs/trip. The following sublimits also apply and are counted toward the overall 500 lbs/day and ! 1,500 lbs/trip groundfish limits: lingcod 300 lbs/ month (minimum 24 inch size limit); sablefish 2,000 lbs/ month; canary rocklish, thornyheads and yelloweye rocklish are PROHIBITED. All other groundfish species taken are 52 South managed under the overall 500 lbs/day and 1,500 lbs/trip groundfish limits. Landings of all groundfish species count toward the per day, per trip or other species-specific sublimits described here and the species-specific limits described in the table above do not apply. The amount of groundfish landed may not exceed the amount of pink shrimp landed. 1/ The Rockfish Conservation Area is an area closed to fishing b~ particul~ar tvoes, bounded bv lines soecificallv defined bv latitude I i I I '. __+and longitude coordinates set out at $§_~?.9.JJ.:.?29J_~ __T_!l~ RC~J_~~----+-----+----+---+i---erofpo~~':l~-~~~~e__!!!~!.._a.!!!-. j j _ r- I _L ___ ,____ ! 1-·-1
[FR Doc. 2021–10822 Filed 5–21–21; 8:45 am] BILLING CODE 3510–22–C
VerDate Sep<11>2014 17:45 May 21, 2021 Jkt 253001 PO 00000 Frm 00026 Fmt 4700 Sfmt 9990 E:\FR\FM\24MYR1.SGM 24MYR1 khammond on DSKJM1Z7X2PROD with RULES ER24MY21.016 27823
Proposed Rules Federal Register Vol. 86, No. 98
Monday, May 24, 2021
This section of the FEDERAL REGISTER —[email protected].: Regulations or any order, rule or contains notices to the public of the proposed —Subject Line: Mail screening regulation made by the Secretary of issuance of rules and regulations. The regulation information/question Transportation as may be necessary for purpose of these notices is to give interested Name of Sender such transportation, except as otherwise persons an opportunity to participate in the SUPPLEMENTARY INFORMATION: The action provided in 39 U.S.C. 5402. rule making prior to the adoption of the final (2) Purpose. To prevent and deter the rules. being taken is an update to 39 CFR 233.11. The circumstances which carriage of unauthorized explosives, created the need for this action are as incendiaries, or other destructive POSTAL SERVICE follows: (1) 39 CFR 233.11 was substances or items in the mail or in published as a final rule on February 28, postal products onboard aircraft and to 39 CFR Part 233 1996; (2) since the publication of 39 ensure the security and safety of all CFR 233.11, no updates have been persons and property onboard aircraft Mail Screening Regulations made; (3) after February 28, 1996, carrying mail. (3) Policy. Mail of sufficient weight to AGENCY: United States Postal Service. changes were made to 49 U.S.C. 44901 requiring the screening of all items, pose a hazard to aviation may, without ACTION: Proposed rule. including United States mail, a search warrant or the sender’s or addressee’s consent, be screened by any SUMMARY: This update will ensure the transported via aircraft; and (4) the update is required to ensure it is means capable of identifying explosives, Postal Service regulations regarding the nonmailable firearms, or other screening of mail are consistent with consistent with title 49 of the Code of Federal Regulations as it pertains to dangerous contents in the mails that are aviation regulations regarding the destructive or could endanger life or transportation of mail via aircraft; mail being transported via aircraft. This update is authorized pursuant to 39 property. continue to enhance the security and (b) Screening of surface transported U.S.C. 5401 which states that the Postal ensure the safety of all persons and mail. property onboard aircraft carrying mail; Service is authorized to provide for the (1) Authority. Pursuant to 39 U.S.C. and prevent and deter the carriage of safe and expeditious transportation of 404 the Postal Service has specific unauthorized explosives, incendiaries, mail by aircraft and may make such power to provide for, among other or other destructive substances or items rules, regulations, and orders consistent things, the handling of mail. Mail may in the mail or in postal products with part A of subtitle VII of title 49 of be screened without a search warrant or transported onboard aircraft. the Code of Federal Regulations or any the sender’s or addressee’s consent in DATES: Comments must be received on order, rule or regulation made by the exigent circumstances to identify or before June 23, 2021. Secretary of Transportation as may be explosives or other dangerous contents necessary for such transportation, ADDRESSES: Mail or deliver written in the mails. except as otherwise provided in 49 (2) Purpose. To prevent and deter the comments to: Inspector Attorney, U.S.C. 5402. Steven Sultan, United States Postal carriage of unauthorized explosives or Inspection Service, 475 L’Enfant Plaza List of Subjects in 39 CFR Part 233 other dangerous content in the mail or in postal products transported via SW, 3rd Floor, Washington, DC 20260. Law enforcement, Postal Service. Emailed and faxed comments will not surface transportation providers and to be accepted. You may inspect and PART 233—[AMENDED] ensure the security and safety of all photocopy all written comments, by persons and property associated with appointment only, at the USPS ■ 1. The authority citation for 39 CFR mail usage, processing, handling, and Headquarter Library, 475 L’Enfant Plaza part 233 continues to read as follows: transportation. (3) Policy. When the Chief Postal SW, 11th Floor North, Washington, DC Authority: 39 U.S.C. 101, 102, 202, 204, Inspector or designee determines there 20260. These records are available for 401, 402, 403, 404, 406, 410, 411, 1003, is a credible threat that certain mail may review on Monday through Friday, 9 3005(e)(1), 3012, 3017, 3018; 12 U.S.C. 3401– contain a bomb, explosives, or other a.m. to 4 p.m., by calling (202) 268– 3422; 18 U.S.C. 981, 983, 1956, 1957, 2254, material that could endanger life or 2904. All submitted comments and 3061; 21 U.S.C. 881; Pub. L. 101–410, 104 property, including nonmailable attachments are part of the public record Stat. 890 (28 U.S.C. 2461 note); Pub. L. 104– 208, 110 Stat. 3009; Secs. 106 and 108, Pub. firearms, the Chief Postal Inspector or and subject to disclosure. Do not L. 106–168, 113 Stat. 1806 (39 U.S.C. 3012, designee may, without a search warrant enclose any material in your comments 3017); Pub. L. 114–74, 129 Stat. 584. or the sender’s or addressee’s consent, that you consider to be confidential or ■ authorize the screening of such mail by inappropriate for public disclosure. 2. Revise § 233.11 to read as follows: any means capable of identifying FOR FURTHER INFORMATION CONTACT: To § 233.11 Mail screening explosives, nonmailable firearms, or obtain further information regarding this (a) Screening of mail transported by other dangerous contents in the mails. provision, the following instructions aircraft. (c) Mail screening restrictions. and guidelines apply: (1) Authority. Pursuant to 39 U.S.C. Screening of mail authorized by • Contact Inspector Attorney, Amber 5401, the Postal Service is authorized to paragraphs (a) and (b) of this section is Jordan at 202–268–7812 provide for the safe and expeditious subject to the following restrictions: • Questions may also be sent to the transportation of mail by aircraft and (1) No unreasonable delay. The mail Inspector Attorney, Amber Jordan at may make such rules, regulations, and must be screened in a manner which the following email address and must orders consistent with Part A of Subtitle does not unreasonably delay its include: VII of Title 49 of the Code of Federal delivery.
VerDate Sep<11>2014 16:10 May 21, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\24MYP1.SGM 24MYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 27824 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Proposed Rules
(2) Authorization to screen mail. The (1) Hazardous mail. Mail, sealed or inspection, in accordance with mail screening may be conducted by unsealed, reasonably suspected of paragraph (d)(1) or (2) of this section, is Postal Service employees or persons not posing an immediate danger to life or required to provide a complete written employed by the Postal Service, as limb or an immediate substantial danger and sworn statement regarding the authorized by the Chief Postal Inspector, to property as a result of screening or detention, screening, opening, and under such instruction that requires other information may, without a search treatment of the mail piece, as well as compliance with this part and protects warrant, be detained, opened, removed the circumstances surrounding its the security of the mail. No information from postal custody, processed, and identification as a possible threat. The obtained from this mail screening may treated, but only to the extent necessary statement is required to be signed by the be disclosed unless authorized by this to determine and eliminate the danger. person purporting to act under this part. Such mail must be processed in section and promptly forwarded to the (3) Mail of insufficient weight to pose accordance with the instructions Chief Postal Inspector. promptly furnished by the Inspection a threat. Mail of insufficient weight to Any person purporting to act under pose a hazard to air transportation, Service. (2) Indeterminate mail. After this section who does not report his or surface transportation, or to contain screening, mail sealed against her action to the Chief Postal Inspector firearms must be excluded from such inspection that presents doubts about under the requirements of this section, screening. whether its contents are hazardous, that or whose action is determined after (4) The screening must be within the cannot be resolved without opening, investigation not to have been limits of this section and conducted must be reported to the Postal authorized, is subject to disciplinary without opening mail that is sealed Inspection Service. Such mail must be action or criminal prosecution or both. against inspection or revealing the processed in accordance with the Joshua J. Hofer, contents of correspondence within mail instructions promptly furnished by the that is sealed against inspection. Inspection Service. Attorney, Ethics & Legal Compliance. (d) Identified threatening pieces of (3) Mandatory reporting. Any person [FR Doc. 2021–10776 Filed 5–21–21; 8:45 am] mail. who opens mail sealed against BILLING CODE 7710–12–P
VerDate Sep<11>2014 16:10 May 21, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4702 Sfmt 9990 E:\FR\FM\24MYP1.SGM 24MYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 27825
Notices Federal Register Vol. 86, No. 98
Monday, May 24, 2021
This section of the FEDERAL REGISTER about the confidentiality of the • Department of Agriculture: U.S. contains documents other than rules or communication will be treated as public Forest Service and Natural Resources proposed rules that are applicable to the comments that may be made available to Conservation Service; public. Notices of hearings and investigations, the public notwithstanding the • Department of Interior: National committee meetings, agency decisions and inclusion of the routine notice. Park Service, U.S. Fish and Wildlife rulings, delegations of authority, filing of Service, Bureau of Land Management, petitions and applications and agency The public may request an electronic statements of organization and functions are copy of the draft supporting statement Bureau of Reclamation, Bureau of examples of documents appearing in this and/or any comments received be sent Indian Affairs, Office of Surface Mining section. via return email. Requests should be Reclamation and Enforcement, and U.S. emailed to [email protected]. Geological Survey; • Department of Defense: U.S. Army FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF AGRICULTURE Corps of Engineers; and Merlene Mazyck, Volunteers & Service, • Department of Commerce: National Forest Service 202–205–0650. Individuals who use Oceanic and Atmospheric telecommunication devices for the deaf Administration—Office of National Information Collection; Volunteer (TDD) may call the Federal Relay Marine Sanctuaries. Application and Agreement for Natural Service (FRS) at 1–800–877–8339, The Office of Management and and Cultural Resources Agencies between 8 a.m. and 8 p.m., Eastern Budget’s volunteer 301 forms suite Standard time, Monday through Friday. includes an application for the public to AGENCY: Forest Service, USDA. SUPPLEMENTARY INFORMATION: express interest in volunteering, an ACTION: Notice; request for comment. Title: Information Collection; agreement form documenting conditions of engagement between the federal SUMMARY: In accordance with the Volunteer Application and Agreement agency and the volunteer or volunteer Paperwork Reduction Act of 1995, the for Natural and Cultural Resources group, and a group sign up form. The Forest Service is seeking comments Agencies. volunteer 301 suite of forms will expire from all interested individuals and OMB Number: 0596–0080. October 31, 2021 and the Information organizations on the extension with Expiration Date of Approval: October Collection Request (ICR) is being revision of a currently approved 31, 2021. transferred to the National Park Service information collection entitled, Type of Request: Extension with (NPS). In accordance to the Paperwork Volunteer Application for Natural and revisions of a currently approved Reduction Act, the information Cultural Resources Agencies. information collection. collection must be complete prior to the Abstract: Federal natural resource DATES: Comments must be received in expiration date to ensure Agencies are agencies are authorized to work with writing on or before July 23, 2021 to be able to utilize the forms if the NPS is volunteers and volunteer organizations assured of consideration. Comments unable to complete a new Volunteer to plan, develop, maintain, and manage received after that date will be forms suite. considered to the extent practicable. volunteer projects and service activities. ADDRESSES: Commenters are encouraged In order to effectively engage volunteers Forms to submit comments by email, if across the country, participating OF–301 Volunteer Application: possible. You may submit comments by agencies collect information, including Individuals interested in volunteering any of the following methods: personally identifiable information, may access the National Federal • Email: [email protected]. from citizens and permanent residents volunteer opportunities website (https:// • Mail: Merlene Mazyck, Volunteers who express interest and then agree to www.volunteer.gov/s/), individual & Service, Forest Service, USDA, 201 volunteer. Individuals under the age of agency websites, and/or contact 14th St. SW, Washington, DC 20250– 18 years must have written consent from agencies to request a Volunteer 1125. a parent or guardian. Application (OF–301). Applicants • Hand Delivery/Courier: Forest Authorizing Legislation: Relevant provide name; address; telephone Service, USDA, 1400 Independence laws and regulations include Public number; age; email address; preferred Avenue SW, Washington, DC 20250. Law 92–300, Volunteers in the National work categories; qualifications, skills, Comments submitted in response to Forest Act of 1972; Public Law 116–9, and experiences; citizenship status; this notice may be made available to the John D. Dingell, Jr. Conservation, indication of past volunteer work; public through relevant websites and Management, and Recreation Act; 16 interest in supervising volunteers; upon request. For this reason, please do U.S.C. 558a–d, Volunteers in the objectives for volunteering (optional); not include in your comments National Forests Program; 16 U.S.C. 583 indication of physical limitations; information of a confidential nature, j–4, Forest Foundation Volunteers; 16 available dates; preferred location(s); such as sensitive personal information U.S.C. 1246, Administration and lodging preferences; interest in other or proprietary information. If you send development of national trails system; federal agencies; and how they heard an email comment, your email address 16 U.S.C. 1250, Volunteer trails about volunteer opportunities. will be automatically captured and assistance; and 31 U.S.C. 3325 which Information collected using this form included as part of the comment that is authorizes payment of vouchers. assists agency volunteer coordinators placed in the public docket and made Participating Agencies: Volunteer and other personnel in matching available on the internet. Please note programs of the following natural volunteers with opportunities that responses to this public comment resource management agencies are appropriate for an applicant’s skills and request containing any routine notice included: physical condition and availability.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27826 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
Signature of a parent or guardian is addresses when provided, will be a Written comments may be emailed to mandatory for applicants under 18 years matter of public record. Comments will Ana Victoria Fortes at afortes@ of age. be summarized and included in the usccr.gov. OF–301a Volunteer Service submission request forwarded to the Records and documents discussed Agreement: This form is used by Office of Management and Budget for during the meeting will be available for participating natural resource agencies approval. public viewing prior to and after the to document agreements for volunteer meeting at https://www.faca services between a Federal agency and Robert Sanchez, database.gov/FACA/FACAPublic individual or group volunteers, Acting Deputy Director, Recreation, Heritage ViewCommitteeDetails?id=a10t00 including international volunteers. & Volunteer Services. 00001gzl0AAA. Applicants provide name; address; [FR Doc. 2021–10910 Filed 5–21–21; 8:45 am] Please click on ‘‘Committee Meetings’’ telephone number; email address; date BILLING CODE 3411–15–P tab. Records generated from this of birth; citizenship/residency status; meeting may also be inspected and ethnicity, race, and gender (optional); reproduced at the Regional Programs veteran status (optional); indication of COMMISSION ON CIVIL RIGHTS Unit, as they become available, both disability (optional); and emergency before and after the meeting. Persons contact information. Signature of a Notice of Public Meeting of the Hawai’i interested in the work of this Committee parent of guardian is mandatory for Advisory Committee are directed to the Commission’s applicants under 18 years of age. website, https://www.usccr.gov, or may AGENCY: Commission on Civil Rights. OF–301b Volunteer Group Sign-Up: contact the Regional Programs Unit at This form is used by participating ACTION: Announcement of meeting. the above email or street address. resource agencies to document SUMMARY: Notice is hereby given, Agenda awareness and understanding by pursuant to the provisions of the rules individuals in groups about the I. Welcome and regulations of the U.S. Commission II. Report Update volunteer activities between a Federal on Civil Rights (Commission) and the agency and a partner organization with III. Discuss Possible Statement of Federal Advisory Committee Act Concern group participants. The partner (FACA) that a web conference meeting organization provides project title, IV. Public Comment of the Hawai’i Advisory Committee to V. Adjournment group name, and group contact the Commission will be held from 10:00 Dated: May 19, 2021. information. Applicants provide a.m. to 11:00 a.m. Hawaiian time on volunteer names, signature, telephone Thursday, June 17, 2021. The purpose of David Mussatt, number, email address, and willingness the meeting is to discuss a post report Supervisory Chief, Regional Programs Unit. to be photographed. Signature of a activity. [FR Doc. 2021–10881 Filed 5–21–21; 8:45 am] parent or guardian is mandatory for BILLING CODE P applications under 18 years of age. DATES: The meeting will be held on Affected Public: Individuals, partner Thursday, June 17, 2021 from 10:00 a.m.–11:00 a.m. HT. organizations including businesses and COMMISSION ON CIVIL RIGHTS non-profit organizations, and/or state, WEBEX Information: Register online local or tribal government. https://civilrights.webex.com/meet/ Notice of Public Meetings of the Estimate of Burden per Response: 15 afortes Minnesota Advisory Committee minutes per form. Audio: (800) 360–9505, ID: 199–167– Estimated Annual Number of 8181 AGENCY: U.S. Commission on Civil Respondents: 500,000. Rights. FOR FURTHER INFORMATION CONTACT: Estimated Annual Number of Ana ACTION: Announcement of meeting. Responses per Respondent: 2.5. Victoria Fortes, Designated Federal Estimated Total Annual Burden on Officer (DFO) at [email protected] or by SUMMARY: Notice is hereby given, Respondents: 125,000 hours. phone at (202) 681–0857. pursuant to the provisions of the rules Comment is Invited: Comment is SUPPLEMENTARY INFORMATION: For copies and regulations of the U.S. Commission invited on: (1) Whether this collection of meeting documents, email afortes@ on Civil Rights (Commission) and the of information is necessary for the stated usccr.gov. Callers can expect to incur Federal Advisory Committee Act that purposes and the proper performance of charges for calls they initiate over the Minnesota Advisory Committee the functions of the Agency, including wireless lines, and the Commission will (Committee) will hold a meeting via the whether the information will have not refund any incurred charges. Callers online platform WebEx on Tuesday, practical or scientific utility; (2) the will incur no charge for calls they June 1, 2021 at 12:00 p.m. Central Time. accuracy of the Agency’s estimate of the initiate over land-line connections to The purpose of the meeting is to discuss burden of the collection of information, the toll-free telephone number. Persons civil rights concerns in the state. including the validity of the with hearing impairments may also DATES: The meeting will be held on: methodology and assumptions used; (3) follow the proceedings by first calling • Tuesday, June 1, 2021, at 12:00 p.m. ways to enhance the quality, utility, and the Federal Relay Service at 1–800–877– Central Time clarity of the information to be 8339 and providing the Service with the Web link: https://civilrights.webex.com/ collected; and (4) ways to minimize the conference call number and conference civilrights/j.php?MTID=m27d6dfbf1b burden of the collection of information ID number. cbaea8d72d85ec7362085c on respondents, including the use of Members of the public are entitled to Join by phone: 800–360–9505 USA Toll automated, electronic, mechanical, or make comments during the open period Free other technological collection at the end of the meeting. Members of Access code: 1994 984 717 techniques or other forms of information the public may also submit written FOR FURTHER INFORMATION CONTACT: technology. comments; the comments must be David Barreras, Designated Federal All comments received in response to received in the Regional Programs Unit Officer, at [email protected] or (202) this notice, including names and within 30 days following the meeting. 499–4066.
VerDate Sep<11>2014 19:26 May 21, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27827
SUPPLEMENTARY INFORMATION: Members DEPARTMENT OF COMMERCE A copy of the application will be of the public may listen to this available for public inspection in the discussion through the above call-in Foreign-Trade Zones Board ‘‘Reading Room’’ section of the FTZ number. An open comment period will Board’s website, which is accessible via be provided to allow members of the [S–78–2021] www.trade.gov/ftz. For further information, contact public to make a statement as time Foreign-Trade Zone 161—Wichita, allows. Callers can expect to incur Camille Evans at Camille.Evans@ Kansas; Application for Subzone, trade.gov. regular charges for calls they initiate Watco Transloading, LLC, Parsons, over wireless lines, according to their Kansas Dated: May 18, 2021. wireless plan. The Commission will not Andrew McGilvray, refund any incurred charges. An An application has been submitted to Executive Secretary. individual who is deaf, deafblind, and the Foreign-Trade Zones (FTZ) Board by [FR Doc. 2021–10880 Filed 5–21–21; 8:45 am] hard of hearing may also follow the the Board of County Commissioners of BILLING CODE 3510–DS–P proceedings by first calling the Federal Sedgwick County, Kansas, grantee of Relay Service at 1–800–877–8339 and FTZ 161, requesting subzone status for providing the Service with the the facilities of Watco Transloading, DEPARTMENT OF COMMERCE conference call number and conference LLC (Watco), located in Parsons, Kansas. The application was submitted Bureau of Industry and Security ID number. pursuant to the provisions of the Members of the public are entitled to Foreign-Trade Zones Act, as amended Regulations and Procedures Technical submit written comments; the (19 U.S.C. 81a–81u), and the regulations Advisory Committee; Notice of comments must be received in the of the FTZ Board (15 CFR part 400). It Partially Closed Meeting regional office within 30 days following was formally docketed on May 18, 2021. The Regulations and Procedures the meeting. Written comments may be The proposed subzone for Watco Technical Advisory Committee will emailed to David Barreras at dbarreras@ would consist of 14 sites (totaling meet June 8, 2021, at 10:00 a.m., Eastern usccr.gov. 138.11 acres) within the Great Plains Daylight Time, via remote Records generated from this meeting Industrial Park in Parsons (Labette teleconference. The Committee advises may be inspected and reproduced at the County) as follows: Site 1 (2.67 acres)— the Office of the Assistant Secretary for 22033 Sawyer Road; Site 2 (1.28 Regional Programs Unit Office, as they Export Administration on acres)—1952 22450 Road; Site 3 (0.77 become available, both before and after implementation of the Export acres)—22499 Sheridan Road; Site 4 the meeting. Records of the meeting will Administration Regulations (EAR) and (0.68 acres)—22035 Seward Road; Site 5 be available via https://www.faca provides for continuing review to (0.5 acres)—22034 Seward Road; Site 6 update the EAR as needed. database.gov/FACA/FACAPublic (1.25 acres)—1952 21500 Road; Site 7 ViewCommitteeDetails?id= (1.1 acres)—1994 21500 Road; Site 8 Agenda a10t0000001gzm3AAA under the (0.65 acres)—1992 21500 Road; Site 9 Public Session Commission on Civil Rights, Minnesota (2.87 acres)—1998 21500 Road; Site 10 Advisory Committee link. Persons (1.41 acres)—1988 21500 Road; Site 11 1. Opening remarks by the Chairman 2. Opening remarks by the Bureau of interested in the work of this Committee (1.93 acres)—1935 21500 Road; Site 12 are directed to the Commission’s Industry and Security (7 acres)—1917 19750 Road; Site 13 (30 3. Presentation of papers or comments website, http://www.usccr.gov, or may acres)—1941 22000 Road; and, Site 14 by the Public contact the Regional Programs Unit at (86 acres)—1400 Area Site located at 4. Regulations Update the above email address. 18055, 18065, 18075, 18085 and 18095 5. Working Group Reports Sabetha Road; at 18054, 18064, 18074, 6. Automated Export System Update Agenda 18084 and 18094 Sawyer Road; at Closed Session I. Welcome & Roll Call 18055, 18065, 18075, 18085 and 18095 Scandia Road; and, at 18064, 18074, 7. Discussion of matters determined to II. Chair’s Comments 18084 and 18094 Scott Road. The be exempt from the provisions III. Committee Discussion proposed subzone would be subject to relating to public meetings found in IV. Public Comment the existing activation limit of FTZ 161. 5 U.S.C. app. 2 §§ 10(a)(1) and No authorization for production activity 10(a)(3). VI. Adjournment has been requested at this time. The open session will be accessible Exceptional Circumstance: Pursuant In accordance with the FTZ Board’s via teleconference to participants on a to 41 CFR 102–3.150, the notice for this regulations, Camille Evans of the FTZ first come, first serve basis. To join the meeting is given less than 15 calendar Staff is designated examiner to review conference, submit inquiries to Ms. days prior to the meeting because of the the application and make Yvette Springer at Yvette.Springer@ exceptional circumstances of the recommendations to the Executive bis.doc.gov, no later than June 1, 2021. immediacy of the subject matter. Secretary. To the extent that time permits, Public comment is invited from members of the public may present oral Dated: May 18, 2021. interested parties. Submissions shall be statements to the Committee. The public David Mussatt, addressed to the FTZ Board’s Executive may submit written statements at any Supervisory Chief, Regional Programs Unit. Secretary and sent to: [email protected]. The time before or after the meeting. [FR Doc. 2021–10855 Filed 5–21–21; 8:45 am] closing period for their receipt is July 6, However, to facilitate the distribution of BILLING CODE P 2021. Rebuttal comments in response to public presentation materials to the material submitted during the foregoing Committee members, the Committee period may be submitted during the suggests that presenters forward the subsequent 15-day period to July 19, public presentation materials prior to 2021. the meeting to Ms. Springer via email.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27828 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
The Assistant Secretary for description of the events that followed Dumping Administration, with the concurrence of the initiation of this investigation, see Exporter/producer margin the delegate of the General Counsel, the Preliminary Decision (percent) formally determined on May 14, 2021, Memorandum.2 A list of topics included CS Wind Corporation/CS Wind in the Preliminary Decision pursuant to Section 10(d) of the Federal Malaysia Sdn Bhd 5 ...... 0.00 Advisory Committee Act, as amended (5 Memorandum is included as Appendix U.S.C. app. 2 § 10(d)), that the portion II to this notice. The Preliminary Commerce preliminarily determines of the meeting dealing with pre- Decision Memorandum is a public that CS Wind has not made sales of decisional changes to the Commerce document and is on file electronically wind towers at LTFV. Further, because Control List and the U.S. export control via Enforcement and Compliance’s CS Wind is the only party for which an policies shall be exempt from the Antidumping and Countervailing Duty estimated weighted-average dumping provisions relating to public meetings Centralized Electronic Service System margin has been calculated for this found in 5 U.S.C. app. 2 §§ 10(a)(1) and (ACCESS). ACCESS is available to preliminary determination, Commerce 10(a)(3). The remaining portions of the registered users at http:// preliminarily determines that wind meeting will be open to the public. access.trade.gov. In addition, a complete towers from Malaysia have not been For more information, call Yvette version of the Preliminary Decision sold in the United States at LTFV during Springer at (202) 482–2813. Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. the POI. Yvette Springer, Consistent with section 733(d) of the Committee Liaison Officer. Scope of the Investigation Act, Commerce has not calculated an [FR Doc. 2021–10863 Filed 5–21–21; 8:45 am] The products covered by this estimated weighted-average dumping BILLING CODE 3510–JT–P investigation are utility scale wind margin for all other producers and towers from Malaysia. For a complete exporters because it has not made an description of the scope of this affirmative preliminary determination of DEPARTMENT OF COMMERCE investigation, see Appendix I to this sales at LTFV. notice. International Trade Administration Suspension of Liquidation Scope Comments [A–557–821] Because Commerce has made a In accordance with the Preamble to negative preliminary determination of Utility Scale Wind Towers From Commerce’s regulations,3 we set aside a sales at LTFV with regard to subject Malaysia: Preliminary Determination of period of time in the Initiation Notice merchandise, Commerce will not direct Sales at Not Less Than Fair Value and for parties to raise issues regarding U.S. Customs and Border Protection to Postponement of Final Determination product coverage (i.e., scope).4 We did suspend liquidation or to require a cash not receive comments concerning the deposit of estimated antidumping duties AGENCY: Enforcement and Compliance, scope of the investigation of wind for entries of wind towers from International Trade Administration, towers as it appeared in the Initiation Malaysia. Department of Commerce. Notice. SUMMARY: The Department of Commerce Disclosure Methodology (Commerce) preliminarily determines Commerce intends to disclose its that utility scale wind towers (wind Commerce is conducting this calculations and analysis performed to towers) from Malaysia are not being, or investigation in accordance with section interested parties in this preliminary are not likely to be, sold in the United 731 of the Act. Commerce has determination within five days of any States at less than fair value (LTFV). The calculated export price in accordance public announcement or, if there is no period of investigation (POI) is July 1, with section 772(a) of the Act. Normal public announcement, within five days 2019, through June 30, 2020. Interested value (NV) is calculated in accordance of the date of publication of this notice parties are invited to comment on this with section 773(e) of the Act. For a full in accordance with 19 CFR 351.224(b). preliminary determination. description of the methodology Verification DATES: Applicable May 24, 2021. underlying the preliminary determination, see the Preliminary FOR FURTHER INFORMATION CONTACT: As provided in section 782(i)(1) of the Jerry Decision Memorandum. Huang, AD/CVD Operations, Office V, Act, Commerce intends to verify the Enforcement and Compliance, Preliminary Determination information relied upon in making its final determination. Normally, International Trade Administration, Commerce preliminarily determines Commerce verifies information using Department of Commerce, 1401 that the following estimated weighted- standard procedures, including an on- Constitution Avenue NW, Washington, average dumping margins exist: DC 20230; telephone: (202) 482–4047. site examination of original accounting, financial, and sales documentation. SUPPLEMENTARY INFORMATION: 2 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-Than- However, due to current travel Background Fair-Value Investigation of Utility Scale Wind restrictions in response to the global Towers from Malaysia,’’ dated concurrently with, This preliminary determination is COVID–19 pandemic, Commerce is and hereby adopted by, this notice (Preliminary unable to conduct on-site verification in made in accordance with section 733(b) Decision Memorandum). of the Tariff Act of 1930, as amended 3 See Antidumping Duties; Countervailing Duties, this investigation. Accordingly, we (the Act). Commerce published the Final Rule, 62 FR 27296, 27323 (May 19, 1997) intend to verify the information relied notice of initiation of this investigation (Preamble). upon in making the final determination 4 See Initiation Notice, 85 FR at 73024. on November 16, 2020.1 For a complete through alternative means in lieu of an 5 Commerce preliminarily determines that CS on-site verification. Wind Corporation and CS Wind Malaysia Sdn. Bhd. 1 See Utility Scale Wind Towers from India, are a single entity (collectively, CS Wind). See Malaysia, and Spain: Initiation of Less-Than-Fair- Memorandum, ‘‘Less-Than-Fair-Value Investigation Memorandum for CS Wind Corporation and CS Value Investigations, 85 FR 73023 (November 16, of Utility Scale Wind Towers from Malaysia: Wind Malaysia Sdn. Bhd.,’’ dated concurrently with 2020) (Initiation Notice). Preliminary Affiliation and Single Entity this notice.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27829
Public Comment the preliminary determination is whether they are attached to the wind tower. negative, and the petitioner has Also excluded are any internal or external Case briefs or other written comments components which are not attached to the may be submitted to the Assistant requested the postponement of the final determination, Commerce is postponing wind towers or sections thereof, unless those Secretary for Enforcement and components are shipped with the tower Compliance. Interested parties will be the final determination. Accordingly, sections. notified of the timeline for the Commerce will make its final Merchandise covered by this investigation submission of such case briefs and determination by no later than 135 days is currently classified in the Harmonized written comments at a later date. after the date of publication of this Tariff Schedule of the United States (HTSUS) Rebuttal briefs, limited to issues raised preliminary determination, pursuant to under subheading 7308.20.0020 or in case briefs, may be submitted no later section 735(a)(2) of the Act. 8502.31.0000. Wind towers of iron or steel are classified under HTSUS 7308.20.0020 than seven days after the deadline for International Trade Commission when imported separately as a tower or tower 6 case briefs. Pursuant to 19 CFR Notification section(s). Wind towers may be classified 351.309(c)(2) and (d)(2), parties who In accordance with section 733(f) of under HTSUS 8502.31.0000 when imported submit case briefs or rebuttal briefs in the Act, Commerce will notify the as combination goods with a wind turbine this investigation are encouraged to (i.e., accompanying nacelles and/or rotor International Trade Commission (ITC) of submit with each argument: (1) A blades). While the HTSUS subheadings are its preliminary determination. If the statement of the issue; (2) a brief provided for convenience and customs final determination is affirmative, the summary of the argument; and (3) a purposes, the written description of the ITC will determine 75 days after the table of authorities. Commerce has scope of this investigation is dispositive. final determination whether these modified certain of its requirements for imports are materially injuring, or Appendix II service documents containing business threaten material injury to, the U.S. List of Topics Discussed in the Preliminary proprietary information, until further industry. Decision Memorandum notice.7 Pursuant to 19 CFR 351.310(c), Notification to Interested Parties I. Summary interested parties who wish to request a II. Background This determination is issued and III. Period of Investigation hearing, limited to issues raised in the published in accordance with sections IV. Scope of the Investigation case and rebuttal briefs, must submit a 733(f) and 777(i)(1) of the Act, and 19 V. Affiliation and Single Entity Treatment written request to the Assistant CFR 351.205(c). VI. Discussion of the Methodology Secretary for Enforcement and VII. Currency Conversion Compliance, U.S. Department of Dated: May 18, 2021. VIII. Recommendation Christian Marsh, Commerce, within 30 days after the date [FR Doc. 2021–10918 Filed 5–21–21; 8:45 am] Acting Assistant Secretary for Enforcement of publication of this notice. Requests BILLING CODE 3510–DS–P should contain the party’s name, and Compliance. address, and telephone number, the Appendix I number of participants, whether any DEPARTMENT OF COMMERCE participant is a foreign national, and a Scope of the Investigation list of the issues to be discussed. If a The merchandise covered by this International Trade Administration request for a hearing is made, Commerce investigation consists of certain wind towers, intends to hold the hearing at a time and whether or not tapered, and sections thereof. [A–533–897] Certain wind towers support the nacelle and date to be determined. Parties should rotor blades in a wind turbine with a Utility Scale Wind Towers From India: confirm by telephone the date, time, and minimum rated electrical power generation Preliminary Affirmative Determination location of the hearing two days before capacity in excess of 100 kilowatts and with of Sales at Less Than Fair Value the scheduled date. a minimum height of 50 meters measured from the base of the tower to the bottom of Postponement of Final Determination AGENCY: Enforcement and Compliance, the nacelle (i.e., where the top of the tower International Trade Administration, Section 735(a)(2)(B) of the Act and nacelle are joined) when fully Department of Commerce. provides that a final determination may assembled. SUMMARY: be postponed until not later than 135 A wind tower section consists of, at a The Department of Commerce days after the date of the publication of minimum, multiple steel plates rolled into (Commerce) preliminarily determines cylindrical or conical shapes and welded the preliminary determination if, in the that utility scale wind towers (wind together (or otherwise attached) to form a towers) from India are being, or are event of a negative preliminary steel shell, regardless of coating, end-finish, determination, a request for such likely to be, sold in the United States at painting, treatment, or method of less than fair value (LTFV). The period postponement is made by the petitioner. manufacture, and with or without flanges, On May 17, 2021, the Wind Tower doors, or internal or external components of investigation is July 1, 2019, through Trade Coalition (the petitioner) (e.g., flooring/decking, ladders, lifts, June 30, 2020. Interested parties are requested that Commerce postpone the electrical buss boxes, electrical cabling, invited to comment on this preliminary conduit, cable harness for nacelle generator, determination. final determination.8 In accordance with interior lighting, tool and storage lockers) DATES: Applicable May 24, 2021. section 735(a)(2)(B) of the Act, because attached to the wind tower section. Several wind tower sections are normally required to FOR FURTHER INFORMATION CONTACT: 6 See 19 CFR 351.309(d); see also 19 CFR 351.303 form a completed wind tower. Terre Keaton Stefanova or Amaris (for general filing requirements). Wind towers and sections thereof are Wade, AD/CVD Operations, Office II, 7 See Temporary Rule Modifying AD/CVD Service included within the scope whether or not Enforcement and Compliance, Requirements Due to COVID–19, 85 FR 17006 they are joined with non-subject (March 26, 2020); and Temporary Rule Modifying International Trade Administration, AD/CVD Service Requirements Due to COVID–19; merchandise, such as nacelles or rotor Department of Commerce, 1401 Extension of Effective Period, 85 FR 41363 (July 10, blades, and whether or not they have internal Constitution Avenue NW, Washington, or external components attached to the 2020) (collectively, Temporary Rule). DC 20230; telephone: (202) 482–1280 or 8 See Petitioner’s Letter, ‘‘Utility Scale Wind subject merchandise. Towers from Malaysia: Request to Postpone Final Specifically excluded from the scope are (202) 482–3874, respectively. Determination,’’ dated May 17, 2021. nacelles and rotor blades, regardless of SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27830 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
Background Notice. See the scope in Appendix I to All-Others Rate This preliminary determination is this notice. Sections 733(d)(1)(ii) and 735(c)(5)(A) made in accordance with section 733(b) Methodology of the Act provide that, in the of the Tariff Act of 1930, as amended preliminary determination, Commerce (the Act). Commerce published the Commerce is conducting this shall determine an estimated all-others notice of initiation of this investigation investigation in accordance with section rate for all exporters and producers not on November 16, 2020.1 For a complete 731 of the Act. Pursuant to section individually examined. This rate shall description of the events that followed 776(a) of the Act, Commerce be an amount equal to the weighted the initiation of this investigation, see preliminarily relied upon facts average of the estimated weighted- the Preliminary Decision otherwise available to assign a dumping average dumping margins established Memorandum.2 A list of topics included margin to Vestas Wind Technology for exporters and producers in the Preliminary Decision India Private Limited (Vestas India) in individually investigated, excluding any Memorandum is included as Appendix this investigation because Vestas India zero and de minimis margins, and any II to this notice. The Preliminary failed to file a complete response to margins determined entirely under Decision Memorandum is a public Commerce’s supplemental section D section 776 of the Act. document and is on file electronically questionnaire by the established Pursuant to section 735(c)(5)(B) of the via Enforcement and Compliance’s deadline. As a result, for the reasons Act, if the estimated weighted-average Antidumping and Countervailing Duty discussed in the Preliminary Decision dumping margins established for all Centralized Electronic Service System Memorandum, Commerce is unable to exporters and producers individually (ACCESS). ACCESS is available to rely on Vestas India’s reported cost data examined are zero, de minimis, or registered users at http:// to calculate a margin. Commerce also determined based entirely on facts access.trade.gov. In addition, a complete preliminarily relied upon facts otherwise available, Commerce may use any reasonable method to establish the version of the Preliminary Decision otherwise available to assign a dumping estimated weighted-average dumping Memorandum can be accessed directly margin to the companies which did not at http://enforcement.trade.gov/frn/. margin for all other producers or provide timely responses to the quantity exporters. Commerce preliminarily Scope of the Investigation and value (Q&V) questionnaires during determined the estimated weighted- the respondent selection process.5 The products covered by this average dumping margin for the investigation are utility scale wind Further, pursuant to section 776(b) of individually-examined respondent towers from India. For a complete the Act, Commerce is preliminarily entirely under section 776 of the Act. description of the scope of this determining that Vestas India and the In the Petition, the petitioner 6 investigation, see Appendix I to this companies which did not provide provided only one dumping margin, notice. timely responses to the Q&V which was based on a price-to- questionnaire each failed to cooperate to constructed-value comparison.7 Scope Comments the best of its ability to comply with Therefore, in the absence of another In accordance with the Preamble to Commerce’s requests for information. weighted-average dumping margin on Commerce’s regulations,3 we set aside a Therefore, Commerce is using an the record of this investigation, we are period of time in the Initiation Notice adverse inference when selecting from preliminarily assigning the sole for parties to raise issues regarding among the facts otherwise available dumping margin in the Initiation Notice product coverage (i.e., scope).4 We did when determining the preliminary (i.e., 54.03 percent) as the all-others not receive comments concerning the margins assigned to these companies, in rate.8 scope of the investigation of wind accordance with section 776(b) of the towers as it appeared in the Initiation Act. For a full description of the Preliminary Determination Notice. Therefore, Commerce is not methodology underlying our Commerce preliminarily determines preliminarily modifying the scope preliminary determination, see the that the following estimated weighted- language as it appeared in the Initiation Preliminary Decision Memorandum. average dumping margins exist:
Cash deposit rate Exporter/producer Dumping margin (adjusted for (percent) subsidy offsets) 9 (percent)
Vestas Wind Technology India Private Limited ...... 54.03 50.65 Acciona Wind Power India Pvt. Ltd ...... 54.03 50.65 Nordex India Pvt. Ltd ...... 54.03 50.65
1 See Utility Scale Wind Towers from India, Prommada Hindustan Private Ltd.; Vinayaka Energy 69574 (November 3, 2020), unchanged in Mattresses Malaysia, and Spain: Initiation of Less-Than-Fair- Tek; and Zeeco India Pvt. Ltd. from Malaysia: Final Affirmative Determination of Value Investigations, 85 FR 73023 (November 16, 6 The petitioner is the Wind Tower Trade Sales at Less Than Fair Value, 86 FR 15901 (March 2020) (Initiation Notice). Coalition, whose members are Arcosa Wind Towers 25, 2021); and Refillable Stainless Steel Kegs from 2 See Memorandum, ‘‘Decision Memorandum for Inc. and Broadwind Towers, Inc. Mexico: Preliminary Affirmative Determination of the Preliminary Determination in the Less-Than- 7 See Petitioner’s Letter, ‘‘Utility Scale Wind Sales at Less Than Fair Value, 84 FR 25738 (June Fair-Value Investigation of Utility Scale Wind Towers from India, Malaysia and Spain: Petitions 4, 2019), unchanged in Refillable Stainless Steel Towers from India,’’ dated concurrently with, and for the Imposition of Antidumping and Kegs from Mexico: Final Affirmative Determination hereby adopted by, this notice (Preliminary Countervailing Duties,’’ dated September 30, 2020 of Sales at Less Than Fair Value and Final Decision Memorandum). (Petition); see also Antidumping Investigation 3 See Antidumping Duties; Countervailing Duties, Initiation Checklist—Utility Scale Wind Towers Affirmative Determination of Critical Final Rule, 62 FR 27296, 27323 (May 19, 1997) from India (November 9, 2020). Circumstances, 84 FR 42894 (August 19, 2019); see (Preamble). 8 See, e.g., Mattresses from Malaysia: Preliminary also Initiation Notice, 85 FR at 73026. 4 See Initiation Notice, 85 FR at 73024. Affirmative Determination of Sales at Less Than 9 See Memorandum, ‘‘Export Subsidies Found in 5 These non-responsive companies are: Acciona Fair Value, Postponement of Final Determination, the Companion Countervailing Duty Investigation,’’ Wind Power India Pvt. Ltd.; Nordex India Pvt. Ltd.; and Extension of Provisional Measures, 85 FR dated concurrently with this notice.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27831
Cash deposit rate Exporter/producer Dumping margin (adjusted for (percent) subsidy offsets) 9 (percent)
Prommada Hindustan Private Ltd ...... 54.03 50.65 Vinayaka Energy Tek ...... 54.03 50.65 Zeeco India Pvt. Ltd ...... 54.03 50.65 All Others ...... 54.03 50.65
Suspension of Liquidation section 776 of the Act, there are no will be notified of the time and date for calculations to disclose. the hearing.13 In accordance with section 773(d)(2) of the Act, Commerce will direct U.S. Verification Final Determination Customs and Border Protection (CBP) to Section 735(a)(1) of the Act and 19 suspend liquidation of entries of subject Because Vestas India did not act to the best of its ability to provide CFR 351.210(b)(1) provide that merchandise, as described in Appendix Commerce will issue the final I, entered, or withdrawn from information Commerce requested and, as a result, we preliminarily determine determination within 75 days after the warehouse, for consumption on or after date of its preliminary determination. the date of the publication of this notice that Vestas India was uncooperative, we will not conduct verification. Accordingly, Commerce will make its in the Federal Register. final determination no later than 75 To determine the cash deposit rate, Public Comment days after the signature date of this Commerce normally adjusts the Interested parties are invited to preliminary determination. estimated weighted-average dumping comment on this preliminary margin by the amount of export International Trade Commission determination no later than 30 days subsidies determined in a companion Notification after the date of publication of the countervailing duty (CVD) proceeding In accordance with section 733(f) of preliminary determination.10 when CVD provisional measures are in Rebuttal the Act, Commerce will notify the effect. Accordingly, Commerce has briefs, limited to issues raised in case International Trade Commission (ITC) of made a preliminary affirmative briefs, may be submitted no later than its preliminary determination. If the seven days after the deadline for case determination for an export subsidy 11 final determination is affirmative, the adjustment. Commerce has offset the briefs. Commerce has modified certain ITC will determine before the later of estimated weighted-average dumping of its requirements for service of 120 days after the date of this margin by the appropriate rate. Any documents containing business preliminary determination or 45 days proprietary information, until further such adjusted rates may be found in the 12 after the final determination whether chart of estimated weighted-average notice. Pursuant to 19 CFR these imports are materially injuring, or dumping margins in the ‘‘Preliminary 351.309(c)(2) and (d)(2), parties who threaten material injury to, the U.S. Determination’’ section above. submit case briefs or rebuttal briefs in industry. this investigation are encouraged to Should provisional measures in the submit with each argument: (1) A Notification to Interested Parties companion CVD investigation expire statement of the issue; (2) a brief prior to the expiration of provisional This determination is issued and summary of the argument; and (3) a published in accordance with sections measures in this LTFV investigation, table of authorities. Commerce will direct CBP to begin 733(f) and 777(i)(1) of the Act, and 19 collecting cash deposits at a rate equal Pursuant to 19 CFR 351.310(c), CFR 351.205(c). to the estimated weighted-average interested parties who wish to request a Dated: May 18, 2021. dumping margins calculated in this hearing, limited to issues raised in the Christian Marsh, case and rebuttal briefs, must submit a preliminary determination unadjusted Acting Assistant Secretary for Enforcement for export subsidies at the time the CVD written request to the Assistant and Compliance. provisional measures expire. Secretary for Enforcement and Compliance, U.S. Department of Appendix I These suspension of liquidation Commerce, within 30 days after the date instructions will remain in effect until Scope of the Investigation of publication of this notice. Requests further notice. The merchandise covered by this should contain the party’s name, investigation consists of certain wind towers, Disclosure address, and telephone number, the whether or not tapered, and sections thereof. number of participants, and a list of the Normally, Commerce discloses to Certain wind towers support the nacelle and issues to be discussed. Oral rotor blades in a wind turbine with a interested parties the calculations presentations at the hearing will be minimum rated electrical power generation performed in connection with a limited to issues raised in the briefs. If capacity in excess of 100 kilowatts and with preliminary determination within five a request for a hearing is made, parties a minimum height of 50 meters measured days of any public announcement or, if from the base of the tower to the bottom of there is no public announcement, the nacelle (i.e., where the top of the tower 10 See 19 CFR 351.309(c)(1)(i); see also 19 CFR and nacelle are joined) when fully within five days of the date of 351.303 (for general filing requirements). publication of the notice of preliminary assembled. 11 See 19 CFR 351.309(d); see also 19 CFR A wind tower section consists of, at a determination in the Federal Register, 351.303 (for general filing requirements). minimum, multiple steel plates rolled into in accordance with 19 CFR 351.224(b). 12 See Temporary Rule Modifying AD/CVD cylindrical or conical shapes and welded However, because Commerce Service Requirements Due to COVID–19, 85 FR together (or otherwise attached) to form a 17006 (March 26, 2020); and Temporary Rule preliminarily determined Vestas India’s Modifying AD/CVD Service Requirements Due to steel shell, regardless of coating, end-finish, dumping margin in this investigation COVID–19; Extension of Effective Period, 85 FR based on AFA, in accordance with 41363 (July 10, 2020). 13 See 19 CFR 351.310(d).
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27832 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
painting, treatment, or method of antidumping duty order on stainless notice of initiation of the requested manufacture, and with or without flanges, steel butt-weld pipe fittings from Italy review. The petitioners withdrew their doors, or internal or external components for the period of review (POR) February request for review within 90 days of the (e.g., flooring/decking, ladders, lifts, 1, 2020, through January 31, 2021, based publication date of the Initiation Notice. electrical buss boxes, electrical cabling, on the timely withdrawal of the request conduit, cable harness for nacelle generator, No other parties requested an interior lighting, tool and storage lockers) for review. administrative review of the attached to the wind tower section. Several DATES: Applicable May 24, 2021. antidumping duty order. Therefore, in wind tower sections are normally required to FOR FURTHER INFORMATION CONTACT: accordance with 19 CFR 351.213(d)(1), form a completed wind tower. Preston N. Cox, AD/CVD Operations, we are rescinding in its entirety the Wind towers and sections thereof are Office VI, Enforcement and Compliance, administrative review of the included within the scope whether or not International Trade Administration, antidumping duty order on stainless they are joined with non-subject U.S. Department of Commerce, 1401 steel butt-weld pipe fittings from Italy merchandise, such as nacelles or rotor covering the period February 1, 2020, blades, and whether or not they have internal Constitution Avenue NW, Washington, or external components attached to the DC 20230; telephone: (202) 482–5041. through January 31, 2021. subject merchandise. SUPPLEMENTARY INFORMATION: Assessment Specifically excluded from the scope are nacelles and rotor blades, regardless of Background Commerce will instruct U.S. Customs whether they are attached to the wind tower. On February 2, 2021, Commerce and Border Protection (CBP) to assess Also excluded are any internal or external published in the Federal Register a antidumping duties on all appropriate components which are not attached to the notice of opportunity to request an entries of stainless steel butt-weld pipe wind towers or sections thereof, unless those administrative review of the fittings from Italy during the POR. components are shipped with the tower antidumping duty order on stainless Antidumping duties shall be assessed at sections. Merchandise covered by this investigation steel butt-weld pipe fittings from Italy rates equal to the cash deposit rate of is currently classified in the Harmonized for the period February 1, 2020, through estimated antidumping duties required Tariff Schedule of the United States (HTSUS) January 31, 2021.1 On February 26, at the time of entry, or withdrawal from under subheading 7308.20.0020 or 2021, Core Pipe Products, Inc. and warehouse, for consumption, in 8502.31.0000. Wind towers of iron or steel Taylor Forge Stainless, Inc. (the accordance with 19 CFR are classified under HTSUS 7308.20.0020 petitioners) timely requested an 351.212(c)(1)(i). Commerce intends to when imported separately as a tower or tower administrative review of the issue appropriate assessment section(s). Wind towers may be classified antidumping duty order with respect to instructions to CBP no earlier than 35 under HTSUS 8502.31.0000 when imported Filmag Italia, SpA (Filmag).2 This days after the date of publication of this as combination goods with a wind turbine (i.e., accompanying nacelles and/or rotor request was in accordance with section notice in the Federal Register. 751(a) of the Tariff Act of 1930, as blades). While the HTSUS subheadings are Notification to Importers provided for convenience and customs amended (the Act), and 19 CFR purposes, the written description of the 351.213(b). Commerce received no other This notice serves as a final reminder scope of this investigation is dispositive. requests for an administrative review of to importers of their responsibility the antidumping duty order for the POR. Appendix II under 19 CFR 351.402(f)(2) to file a On April 1, 2021, pursuant to section certificate regarding the reimbursement List of Topics Discussed in the Preliminary 751(a) of the Act and 19 CFR of antidumping duties prior to Decision Memorandum 351.221(c)(1)(i), Commerce initiated an liquidation of the relevant entries I. Summary administrative review of the during this review period. Failure to II. Background antidumping duty order covering the comply with this requirement could III. Period of Investigation POR with respect to Filmag.3 On April result in Commerce’s presumption that IV. Scope of the Investigation 16, 2021, the petitioners timely reimbursement of antidumping duties V. Application of Facts Available, Use of withdrew their request for occurred and the subsequent assessment Adverse Inferences, Corroboration, and administrative review with respect to Calculation of All-Others Rate of doubled antidumping duties. Filmag.4 VI. MNC and PMS Allegations Notification Regarding Administrative VII. Recommendation Rescission of Administrative Review Protective Orders [FR Doc. 2021–10913 Filed 5–21–21; 8:45 am] Pursuant to 19 CFR 351.213(d)(1), BILLING CODE 3510–DS–P This notice also serves as a reminder Commerce will rescind an to parties subject to administrative administrative review, in whole or in protective order (APO) of their part, if the parties that requested the DEPARTMENT OF COMMERCE responsibility concerning the review withdraw their requests within disposition of proprietary information International Trade Administration 90 days of the date of publication of the disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely [A–475–828] 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity written notification of the return or Stainless Steel Butt-Weld Pipe Fittings to Request Administrative Review, 86 FR 7855 destruction of APO materials or From Italy: Rescission of Antidumping (February 2, 2021). conversion to judicial protective order is Duty Administrative Review; 2020– 2 See Petitioners’ Letter, ‘‘Stainless Steel Butt- hereby requested. Failure to comply Weld Pipe Fittings from Italy—Petitioners’ Request with the regulations and terms of an 2021 for 2020/2021 Administrative Review,’’ dated February 26, 2021. APO is a sanctionable violation. AGENCY: Enforcement and Compliance, 3 See Initiation of Antidumping and Notification to Interested Parties International Trade Administration, Countervailing Duty Administrative Reviews, 86 FR Department of Commerce. 17124 (April 1, 2021) (Initiation Notice). This notice is issued and published in 4 SUMMARY: See Petitioners’ Letter, ‘‘Stainless Steel Butt- The Department of Commerce Weld Pipe Fittings from Italy—Petitioners’ accordance with sections 751(a)(1) and (Commerce) is rescinding the Withdrawal of Request for 2020/2021 777(i)(1) of the Act, and 19 CFR administrative review of the Administrative Review,’’ dated April 16, 2021. 351.213(d)(4).
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27833
Dated: May 18, 2021. Authority: 15 U.S.C. 3711a(d)(1), 15 U.S.C. Excellence Program website at http:// James Maeder, 3711a(d)(2)(B) and the Federal Advisory www.nist.gov/baldrige/community/ Deputy Assistant Secretary for Antidumping Committee Act, as amended, 5 U.S.C. App. overseers.cfm. Questions from the and Countervailing Duty Operations. Pursuant to the Federal Advisory public will not be considered during [FR Doc. 2021–10919 Filed 5–21–21; 8:45 am] Committee Act, as amended, 5 U.S.C. this period. Requests must be submitted BILLING CODE 3510–DS–P App., notice is hereby given that the by email to Robyn Verner at Board of Overseers and the Judges Panel [email protected] and must be will meet in open session on Thursday, received by 4:00 p.m. Eastern Time, DEPARTMENT OF COMMERCE June 17, 2021 from 11:00 a.m. to 4:00 June 3, 2021 to be considered. Speakers p.m. Eastern Time. The Board of who wish to expand upon their oral National Institute of Standards and Overseers (Board), composed of statements, those who had wished to Technology approximately twelve members speak, but could not be accommodated preeminent in the field of organizational on the agenda, and those who were Board of Overseers of the Malcolm performance excellence and appointed Baldrige National Quality Award and unable to attend in person are invited to by the Secretary of Commerce, makes an submit written statements by email to Judges Panel of the Malcolm Baldrige annual report on the results of Award National Quality Award [email protected]. activities to the Director of the National Admittance instructions: All AGENCY: National Institute of Standards Institute of Standards and Technology participants will be attending via and Technology, Department of (NIST), along with its recommendations webinar. Please contact Ms. Verner by Commerce. for improvement of the Award process. telephone at (301) 975–2361 or by email ACTION: Notice of open meeting. The Judges Panel consists of no less at [email protected] for detailed than nine, and not more than twelve, instructions on how to join the webinar. SUMMARY: The Board of Overseers of the members with balanced representation All requests must be received by 4:00 Malcolm Baldrige National Quality from U.S. service, manufacturing, small p.m. Eastern Time, June 3, 2021. Award (Board of Overseers) and the business, nonprofit, education, and Judges Panel of the Malcolm Baldrige health care industries. The Panel Alicia Chambers, National Quality Award (Judges Panel) includes members who are familiar with NIST Executive Secretariat. will meet in open session on Thursday, the quality improvement operations and [FR Doc. 2021–10885 Filed 5–21–21; 8:45 am] June 17, 2021, from 11:00 a.m. to 4:00 competitiveness issues of manufacturing BILLING CODE 3510–13–P p.m. Eastern time. The Board of companies, service companies, small Overseers, appointed by the Secretary of businesses, nonprofits, health care Commerce, reports the results of the providers, and educational institutions. DEPARTMENT OF COMMERCE Malcolm Baldrige National Quality The Judges Panel recommends Malcolm Award (Award) activities to the Director Baldrige National Quality Award National Oceanic and Atmospheric of the National Institute of Standards recipients to the Secretary of Commerce. Administration and Technology (NIST) each year, along The purpose of this meeting is to [RTID 0648–XA997] with its recommendations for the discuss and review information received improvement of the Award process. The from NIST and from the Chair of the Fisheries Off West Coast States; Judges Panel, also appointed by the Judges Panel of the Malcolm Baldrige Pacific Coast Groundfish Fishery; Secretary of Commerce, ensures the National Quality Award. The agenda Electronic Monitoring (EM) Program; integrity of the Award selection process will include: Baldrige Program Update, Notice of EM Program Guidelines and recommends Award recipients to Baldrige Foundation Update, Baldrige AGENCY: the Secretary of Commerce. The purpose Judges Panel Update, Ethics Review, National Marine Fisheries of this meeting is to discuss and review Baldrige Award Process, and New Service (NMFS), National Oceanic and information received from the National Business/Public Comment. The agenda Atmospheric Administration (NOAA), Institute of Standards and Technology may change to accommodate the Judges Commerce. and from the Chair of the Judges Panel. Panel and Board of Overseers business. ACTION: Notice of availability. The agenda will include: Baldrige The final agenda will be posted on the SUMMARY: NMFS is providing guidelines Program Update, Baldrige Foundation NIST Baldrige Performance Excellence for the development of Electronic Update, Baldrige Judges Panel Update, website at http://www.nist.gov/baldrige/ Monitoring Service Plans (EMSP) and Ethics Review, Baldrige Award Process, community/overseers.cfm. The meeting Vessel Monitoring Plans (VMPs) by EM and New Business/Public Comment. is open to the public. Individuals and representatives of service providers and vessel owners DATES: The meeting will be held on organizations who would like to offer applying to participate in the Pacific Thursday, June 17, 2021 from 11:00 a.m. comments and suggestions related to the Coast Groundfish EM Program. An Eastern Time until 4:00 p.m. Eastern Board’s affairs and/or the Panel of EMSP is required as part of an Time. The meeting will be open to the Judges’ general process are invited to application for an EM service provider public. request a place on the agenda. On June permit and endorsement and describes ADDRESSES: The meeting will be a 17, 2021, approximately one-half hour how an EM Service Provider will virtual meeting by webinar. Please note will be reserved in the afternoon for provide EM services to contracted admittance instructions under the public comments, and speaking times vessels. A VMP is required as part of an SUPPLEMENTARY INFORMATION section of will be assigned on a first-come, first- application for a vessel owner seeking this notice. served basis. The amount of time per authorization to use EM in lieu of a FOR FURTHER INFORMATION CONTACT: speaker will be determined by the human observer and documents how Robert Fangmeyer, Director, Baldrige number of requests received, but is the EM system will be used to monitor Performance Excellence Program, likely to be about 3 minutes each. The the vessel. NMFS is required to develop phone: 301–975–2361, email exact time for public comments will be EM Program Guidelines and publish [email protected]. included in the final agenda that will be notice of their availability in the Federal SUPPLEMENTARY INFORMATION: posted on the Baldrige Performance Register.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27834 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
DATES: Applicable May 24, 2021. 660.603(b)(1)(vii). NMFS will review DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: EMSPs as part of the application to Justin Kavanaugh, EM Program ensure that it meets all required Fish and Wildlife Service Coordinator, phone: 206–526–4353, components, and would effectively [email protected]. fulfill the EM service provider DEPARTMENT OF COMMERCE responsibilities. NMFS has created Electronic Access EMSP Guidelines that describe the National Oceanic and Atmospheric The EM Program Guidelines requirements for EM service providers, Administration documents are posted online at: https:// the required elements of the EMSP, as [RTID 0648–XB100] www.fisheries.noaa.gov/permit/ well as best practices, electronic-monitoring-program-service- recommendations, and other Marianas Trench Marine National provider-application-and-service-plan. information that NMFS will use to Monument; Monument Management SUPPLEMENTARY INFORMATION: The evaluate proposed EMSPs and to Plan; Extension of Public Comment regulations at 50 CFR part 660, subpart evaluate the performance of EM service Period J describe the requirements for an EM providers in meeting the regulations to program for the West Coast Groundfish AGENCY: Fish and Wildlife Service achieve the purpose of the EM Program. (FWS), Interior; National Oceanic and Trawl Catch Share Program. Vessels Specific requirements and standards for participating in the EM program may Atmospheric Administration (NOAA), EM data processing, reporting, and other use EM systems (cameras and associated Commerce. services are contained in the EM sensors) in lieu of human observers to ACTION: Notice; extension of comment Program Manual on NMFS’s website. meet the requirements of the Catch period. Share Program for 100-percent at-sea The EMSP need only address the SUMMARY: monitoring. Interested vessel owners regulations at 50 CFR 660.603 The FWS and NOAA are must submit an application to NMFS, ‘‘Electronic monitoring provider permits extending by 60 days the comment including a VMP that describes how and responsibilities’’; additional best period for a draft monument fishing operations on the vessel will be practices and recommendations in this management plan (MMP) for the conducted and how the EM system and document are only examples of how the Marianas Trench Marine National associated equipment will be configured EM service provider may meet the Monument (Monument). The draft MMP to effectively monitor fishing activities requirements. If the provider does not describes proposed goals, objectives, and document any discards. Required utilize the recommended best practices and strategies for managing the components of the VMP are described in or procedures, the EM service provider Monument over a 15-year period. the Federal regulations at 50 CFR should explain in its EMSP how it DATES: The public comment period is 660.604(e)(3)(iii). NMFS will review the would otherwise meet the EM Program extended by 60 days to July 26, 2021. VMP to ensure that the equipment requirements. An EM service provider Comments must be received by July 26 installed and the proposed operations of may propose alternative, but equivalent 2021, as specified under ADDRESSES. the vessel would effectively monitor methods to any of the recommendations Comments received after this date may vessel operations. NMFS has created in this document in their EMSP, and not be accepted. VMP Guidelines to provide vessel NMFS may consider and approve those ADDRESSES: You may submit comments owners additional information on what methods if they achieve the purpose of on this document, identified by NOAA– NMFS is looking for in a VMP and the EM program as defined at 50 CFR NMFS–2021–0003, by either of the describes best practices and suggested 660.600(b) ‘‘EM program purpose’’. following methods: language to satisfy the required • Electronic Submission: Submit all components. Vessel owners may Through this Federal Register notice, electronic public comments via the propose and NMFS may consider NMFS is notifying interested EM service Federal e-Rulemaking Portal. Go to alternative, but equivalent, methods to providers of the availability of the EM http://www.regulations.gov/ meet the requirements of the EM Program Guidelines and EM Program #!docketDetail;D=NOAA-NMFS-2021- program in the VMP. Through this Manual on its website, as required by 50 0003, click the ‘‘Comment Now!’’ icon, Federal Register notice, NMFS is CFR 660.600(b). complete the required fields, and enter notifying interested vessel owners of the Authority: 16 U.S.C. 1801 et seq. or attach your comments. availability of the VMP Guidelines on • Mail: Send written comments to its website. Dated: May 18, 2021. Superintendent, Marianas Trench Vessel owners authorized to use EM Jennifer M. Wallace, Marine National Monument, P.O. Box are required to obtain an EM system Acting Director, Office of Sustainable 8134, MOU–3, Dededo, GU 96912. from a NMFS-permitted service Fisheries, National Marine Fisheries Service. Instructions: Comments sent by any provider, as well as services to install [FR Doc. 2021–10824 Filed 5–21–21; 8:45 am] other method, to any other address or and maintain the EM system, and to BILLING CODE 3510–22–P individual, or received after the end of process, store, and report EM data to the comment period, may not be NMFS. EM service providers interested considered by NMFS. All comments in providing EM services to received are a part of the public record participating vessels must apply to and will generally be posted for public NMFS for a permit. EM service viewing on www.regulations.gov providers must develop and submit an without change. All personal identifying EMSP as part of the application for an information (e.g., name, address, etc.), EM provider permit, and must describe confidential business information, or in detail how the applicant will provide otherwise sensitive information EM services to vessels. The required submitted voluntarily by the sender will components of an EMSP are described be publicly accessible. NMFS will in Federal regulations at 50 CFR accept anonymous comments (enter ‘‘N/
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27835
A’’ in the required fields if you wish to May 25, 2021. In response to a request Under the implementing regulations remain anonymous). from Mr. Ralph D.L.G. Torres, Governor for the Program, fees are reviewed The draft MMP includes an of the Commonwealth of the Northern annually to ascertain that the hourly environmental assessment (EA) of the Mariana Islands, the FWS and NMFS fees charged are adequate to recover the potential impacts of the MMP on the are extending the comment period for costs of the services rendered. Any human environment. You may review 60 days, and are accepting public necessary adjustments to fees are made the draft MMP and EA at comments through July 26, 2021. The in accordance with the requirements of www.regulations.gov. public may submit comments as 50 CFR 260.81 and notice is provided to FOR FURTHER INFORMATION CONTACT: described under ADDRESSES. program participants. This Federal Tammy Summers, FWS, (671) 355– Dated: May 18, 2021. Register notice serves to inform program 5096, or Heidi Hirsh, NOAA, (808) 725– Jennifer M. Wallace, participants of an adjusted fee schedule, 5016. effective June 1, 2021. Acting Director, Office of Sustainable The Program will increase its fees as SUPPLEMENTARY INFORMATION: On Fisheries, National Marine Fisheries Service. outlined in this notice, which will apply February 24, 2021, NMFS published a [FR Doc. 2021–10814 Filed 5–21–21; 8:45 am] until notified otherwise. Fees will be notice of availability of a draft MMP for BILLING CODE 3510–22–P charged to contract and non-contract the Monument (86 FR 11238). customers requesting services as listed Presidential Proclamation 8335 (January below. The cost of other applicable 12, 2009, 74 FR 1557) requires the DEPARTMENT OF COMMERCE services rendered will be recovered Secretaries of the Interior and through fee collection using the base Commerce to prepare management National Oceanic and Atmospheric rate of $143 per hour. plans and promulgate implementing Administration regulations that address specific actions Revised Fees and Charges for the USDC necessary for the proper care and [RTID 0648–XB118] Seafood Inspection Program management of the Monument. Effective June 1, 2021, per hour fees The draft MMP includes elements Adjustment of Fees for Seafood and charges for fishery products similar to a National Wildlife Refuge Inspection Services inspection services will be as follows, System Comprehensive Conservation AGENCY: National Marine Fisheries which represent an increase of 10% Plan (CCP), and we are conducting the Service (NMFS), National Oceanic and from prior levels and will apply until planning process for those elements in Atmospheric Administration (NOAA), notified otherwise. a manner similar to the CCP planning Commerce. and public involvement process. The Contract Rates ACTION: Notice of a revised fee schedule National Wildlife Refuge System for seafood inspection services. Regular time: Services provided Administration Act of 1966 (Refuge during any 8-hour shift. Administration Act, 16 U.S.C. 668dd- SUMMARY: The NMFS Seafood Overtime: Services provided outside 668ee), as amended by the National Inspection Program is notifying program the inspector’s normal work schedule. Wildlife Refuge System Improvement participants of a revised fee schedule. In addition to any hourly service Act of 1997, requires the FWS to DATES: The revised fee schedule applies charge, a night differential fee equal to develop a CCP for each national wildlife to services rendered as of June 1, 2021, 10 percent of the employee’s hourly refuge. This draft MMP would until notified otherwise. salary will be charged for each hour of incorporate CCP requirements and service provided after 6 p.m. and before would define each agency’s FOR FURTHER INFORMATION CONTACT: Steven Wilson, Office of International 6 a.m. A guarantee of payment is management roles and responsibilities. required for all contracts equal to 3 The draft MMP lays out the goals, Affairs and Seafood Inspection, 301– 427–8350 or at [email protected]. months of service or $10,000, whichever objectives, and proposed management is greater. activities for the next 15 years, SUPPLEMENTARY INFORMATION: The consistent with sound principles of fish National Marine Fisheries Service Non-Contract Rates and wildlife management, conservation, (NMFS) operates a voluntary fee-for- Regular time: Services provided legal mandates, and consistent with service seafood inspection program within the inspector’s normal work FWS and NMFS policies. The draft (Program) under the authorities of the schedule, Monday through Friday. MMP includes an environmental Agricultural Marketing Act of 1946, as Overtime: Services provided outside assessment to evaluate the potential amended, the Fish and Wildlife Act of the inspector’s normal work schedule. environmental impacts of implementing 1956, and the Reorganization Plan No. Any services under contract in excess the MMP. The FWS and NMFS would 4 of 1970. The regulations implementing of the contracted hours will be charged review and update the MMP at least the Program are contained in 50 CFR at the non-contract rate. every 15 years, in accordance with the part 260. The program offers inspection Refuge Administration Act. grading and certification services, Contract Rates More information about the including the use of official quality Non-HACCP Contracts Monument’s history, wildlife, and grade marks which indicate that specific Regular Time: $143.00. habitats is available in a Notice of Intent products have been federally inspected. Overtime: $215.00. published on April 5, 2011 (76 FR Those wishing to participate in the Sunday & Holidays: $286.00. 18773). program must request the services and The FWS and NMFS seek comments submit specific compliance information. HACCP/QMP Contracts on the draft MMP and EA. We will In July 1992, NMFS announced new HACCP Regular: $308.00. consider comments received when inspection services, which were fully HACCP Overtime: $462.00. deciding whether to approve or modify based on guidelines recommended by HACCP Sunday & Holidays: $616.00. the MMP. The original public comment the National Academy of Sciences, period for the notice of availability of known as Hazard Analysis Critical All Non-Contract Work Rates the MMP was scheduled to close on Control Point (HACCP). Regular Time: $215.00.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27836 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
Overtime: $323.00. Council; telephone: (503) 820–2426; DPEIS outlines potential management Sunday & Holidays: $430.00. email: [email protected]. alternatives, and analyzes the potential direct, indirect, and cumulative impacts Certificates SUPPLEMENTARY INFORMATION: The primary purpose of the GMT webinar is on the environment. All certificate requests, whether or not to prepare for the Pacific Council’s June DATES: The virtual meetings will be held a product inspection was conducted, 2021 agenda items. The GMT will between June 15 and June 24, 2021. For will be billed at a set flat rate of $99 per discuss items related to groundfish specific times, see SUPPLEMENTARY request. management and administrative Pacific INFORMATION. Additional information about, and Council agenda items. A detailed applications for, Program services and ADDRESSES: The public meetings will be agenda for the webinar will be available held by web conference. Audio and fees may be obtained from NMFS (see on the Pacific Council’s website prior to FOR FURTHER INFORMATION CONTACT). visual portions of the meetings can be the meeting. The GMT may also address accessed at: https:// Dated: May 19, 2021. other assignments relating to groundfish www.mymeetings.com/nc/join/. Alexa Cole, management. No management actions Conference number: RWXW2188630, Director, Office of International Affairs and will be decided by the GMT. Audience passcode: 2249526, Toll free Although non-emergency issues not Seafood Inspection, National Marine tel: (800) 857–6627, Alternative (toll) contained in the meeting agenda may be Fisheries Service. tel: (312) 470–7498. discussed, those issues may not be the [FR Doc. 2021–10891 Filed 5–21–21; 8:45 am] NMFS will also post meeting access subject of formal action during this BILLING CODE 3510–22–P information at https:// meeting. Action will be restricted to www.fisheries.noaa.gov/action/ those issues specifically listed in this potential-aquaculture-management- document and any issues arising after DEPARTMENT OF COMMERCE program-pacific-islands. publication of this document that For assistance with the web National Oceanic and Atmospheric require emergency action under section conference connection, contact Tori Administration 305(c) of the Magnuson-Stevens Fishery Spence McConnell, Sustainable Conservation and Management Act, Fisheries, NMFS Pacific Islands [RTID 0648–XB080] provided the public has been notified of Regional Office, tel (808) 725–5186. the intent to take final action to address You may review the DPEIS and Pacific Fishery Management Council; the emergency. Public Meeting submit written comments via the Special Accommodations Federal e-Rulemaking Portal. Go to AGENCY: National Marine Fisheries Requests for sign language https://www.regulations.gov/document/ Service (NMFS), National Oceanic and interpretation or other auxiliary aids NOAA-NMFS-2021-0044-0003, click the Atmospheric Administration (NOAA), should be directed to Mr. Kris ‘‘Comment’’ icon, complete the required Commerce. Kleinschmidt, (kris.kleinschmidt@ fields, and enter or attach your ACTION: Notice of public online meeting. noaa.gov; (503) 820–2412), at least 10 comments. days prior to the meeting date. FOR FURTHER INFORMATION CONTACT: SUMMARY: The Pacific Fishery Tori Management Council (Pacific Council) Authority: 16 U.S.C. 1801 et seq. Spence McConnell, tel (808) 725–5186. SUPPLEMENTARY INFORMATION: will convene a webinar meeting of its Dated: May 18, 2021. In accordance with the National Groundfish Management Team (GMT) to Diane M. DeJames-Daly, discuss items on the Pacific Council’s Environmental Policy Act and the Acting Deputy Director, Office of Sustainable Magnuson-Stevens Fishery June 2021 meeting agenda. This meeting Fisheries, National Marine Fisheries Service. is open to the public. Conservation and Management Act, [FR Doc. 2021–10805 Filed 5–21–21; 8:45 am] NMFS prepared a DPEIS for public DATES: The online meeting will be held BILLING CODE 3510–22–P on Thursday, June 10, 2021, from 9 a.m. review and comment. The DPEIS to 12 p.m., Pacific Daylight Time. The analyzes the potential direct, indirect, and cumulative effects of several scheduled ending time for this GMT DEPARTMENT OF COMMERCE meeting is an estimate, the meeting will offshore aquaculture management adjourn when business for the day is National Oceanic and Atmospheric alternatives on the human, physical, completed. Administration and biological environment. NMFS and the Western Pacific Fishery ADDRESSES: This meeting will be held [RTID 0648–XB114] Management Council will consider online. Specific meeting information, comments received on this DPEIS to Pacific Islands Aquaculture including directions on how to join the develop a final PEIS that would support Management Program; Public meeting and system requirements will a future management program for Meetings be provided in the meeting offshore aquaculture in the Pacific announcement on the Pacific Council’s AGENCY: National Marine Fisheries Islands. website (see www.pcouncil.org). You Service (NMFS), National Oceanic and To provide additional opportunities may send an email to Mr. Kris Atmospheric Administration (NOAA), for the public to comment on the DPEIS, Kleinschmidt (kris.kleinschmidt@ Commerce. NMFS will hold four public meetings. noaa.gov) or contact him at (503) 820– ACTION: Notice of public meetings. At each meeting, NMFS will provide a 2412 for technical assistance. brief presentation about the DPEIS, Council address: Pacific Fishery SUMMARY: NMFS will convene four followed by the opportunity for the Management Council, 7700 NE public meetings to receive public public to provide comments. Ambassador Place, Suite 101, Portland, comments on a Draft Programmatic Commenters will be limited to 2 OR 97220–1384. Environmental Impact Statement minutes each. If time permits and all FOR FURTHER INFORMATION CONTACT: (DPEIS) for an aquaculture management commenters have spoken, an Todd Phillips, Staff Officer, Pacific program in the Pacific Islands. The opportunity for additional comments
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27837
may be offered. NMFS may end any of accordance with the Paperwork institutions of higher education from the meetings before the 2-hour Reduction Act of 1995 (PRA) (44 U.S.C. across the country. scheduled time if all comments have 3506(c)(2)(A)), provides the general Dated: May 19, 2021. been received. public and Federal agencies with an Kate Mullan, The public meeting dates are as opportunity to comment on proposed, follows. All times shown are in Hawaii revised, and continuing collections of PRA Coordinator, Strategic Collections and Standard Time. Clearance Governance and Strategy Division, information. This helps the Department Office of Chief Data Officer, Office of 1. Tuesday, June 15, 2021, at 4 p.m. assess the impact of its information Planning, Evaluation and Policy 2. Tuesday, June 15, 2021, at 7 p.m. collection requirements and minimize Development. 3. Tuesday, June 22, 2021, at 11 a.m. the public’s reporting burden. It also [FR Doc. 2021–10921 Filed 5–21–21; 8:45 am] 4. Thursday, June 24, 2021 at 7 p.m. helps the public understand the BILLING CODE 4000–01–P Special Accommodations Department’s information collection requirements and provide the requested The meetings are accessible to people data in the desired format. ED is DEPARTMENT OF ENERGY with disabilities. Please make direct soliciting comments on the proposed requests for sign language interpretation information collection request (ICR) that or other auxiliary aids to Tori Spence Proposed Agency Information is described below. The Department of Collection McConnell, tel (808) 725–5186, at least Education is especially interested in 5 days prior to the first meeting date. public comment addressing the AGENCY: Office of Small Business (Authority: 16 U.S.C. 1801 et seq.) following issues: (1) Is this collection Innovation Research and Small Business Dated: May 19, 2021. necessary to the proper functions of the Technology Transfer (SBIR/STTR), Jennifer M. Wallace, Department; (2) will this information be Office of Science, Department of Energy processed and used in a timely manner; (DOE). Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. (3) is the estimate of burden accurate; ACTION: Notice and request for (4) how might the Department enhance [FR Doc. 2021–10916 Filed 5–21–21; 8:45 am] comments. the quality, utility, and clarity of the BILLING CODE 3510–22–P information to be collected; and (5) how SUMMARY: The DOE SBIR/STTR invites might the Department minimize the public to comment on a proposed burden of this collection on the collection of information that DOE is DEPARTMENT OF EDUCATION respondents, including through the use developing for submission to the Office [Docket No.: ED–2021–SCC–0041] of information technology. Please note of Management and Budget (OMB) that written comments received in pursuant to the Paperwork Reduction Agency Information Collection response to this notice will be Act of 1995. Activities; Submission to the Office of considered public records. DATES: Comments regarding this Management and Budget for Review Title of Collection: Safer Schools and proposed information collection must and Approval; Comment Request; Campuses Best Practices Clearinghouse. be received on or before July 23, 2021. Safer Schools and Campuses Best OMB Control Number: 1810–0753. If you anticipate difficulty in submitting Practices Clearinghouse Type of Review: An extension without comments within that period, contact change of a currently approved AGENCY: Office of Elementary and the person listed in ADDRESSES as soon collection. as possible. Secondary Education (OESE), Respondents/Affected Public: State, Department of Education (ED). ADDRESSES: Written comments may be Local, and Tribal Governments. sent to Claudia Cantoni by email at ACTION: Notice. Total Estimated Number of Annual [email protected]. Responses: 300. SUMMARY: In accordance with the Total Estimated Number of Annual FOR FURTHER INFORMATION CONTACT: Paperwork Reduction Act of 1995, ED is Burden Hours: 450. Requests for additional information or proposing an extension without change Abstract: On January 21, 2021 the copies of the information collection of a currently approved collection. President issued Executive Order (E.O.) instrument and instructions should be DATES: Interested persons are invited to 14000 to assist members of the directed to Claudia Cantoni by email at submit comments on or before June 23, educational community in each State in [email protected] or by 2021. safely reopening schools for face-to-face phone: (240) 255–8590. ADDRESSES: Written comments and instruction and ensuring schools remain SUPPLEMENTARY INFORMATION: Comments recommendations for proposed open. E.O. 14000 directs the Department are requested on: (a) Whether the information collection requests should to make widely available and easily proposed collection of information is be sent within 30 days of publication of accessible a variety of resources from necessary for the proper performance of this notice to www.reginfo.gov/public/ the field and Federal agencies and the functions of the agency, including do/PRAMain. Find this information technical assistance to support their whether the information shall have collection request by selecting dissemination and use. The hub for practical utility; (b) the accuracy of the ‘‘Department of Education’’ under these resources will be the agency’s estimate of the burden of the ‘‘Currently Under Review,’’ then check Clearinghouse described in E.O. 14000. proposed collection of information, ‘‘Only Show ICR for Public Comment’’ The Department’s Office of Elementary including the validity of the checkbox. Comments may also be sent and Secondary Education (OESE) will methodology and assumptions used; (c) to [email protected]. lead development and implementation ways to enhance the quality, utility, and FOR FURTHER INFORMATION CONTACT: For of the Clearinghouse in partnership with clarity of the information to be specific questions related to collection other ED offices and relevant Federal collected; and (d) ways to minimize the activities, please contact Victoria agencies. At the heart of the burden of the collection of information Hammer, 202–260–1438. Clearinghouse will be the lessons on respondents, including the use of SUPPLEMENTARY INFORMATION: The learned and best practices collected automated collection techniques or Department of Education (ED), in from schools, districts, States, and other forms of information technology.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27838 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
This information collection request DEPARTMENT OF ENERGY Recordkeeping Cost Burden: contains: (1) OMB No.: 1910–5166; (2) $337,239.73.00. Information Collection Request Title: Agency Information Collection The revision consists of updates to Small Business Innovation Research Extension; Revision to Currently two documents: DOE F 482.2 and DOE (SBIR) and Small Business Technology Approved Collection F 2050.11. For DOE F 482.2, the form is modified to add a Patents Rights-Waiver Transfer (STTR) Commercialization AGENCY: U.S. Department of Energy. Clause Including U.S. Competitiveness Survey; (3) Type of Request: Three-year ACTION: Notice of request for comments. extension; (4) Purpose: The DOE needs terms and conditions acceptance to the this information to satisfy the program SUMMARY: The Department of Energy beginning of the document. As for DOE requirements of the Small Business Act, (DOE), pursuant to the Paperwork F 2050.11, this form is modified to add the appropriate Paperwork Reduction including requirements established in Reduction Act of 1995, intends to Act statement that is currently included the SBIR program reauthorization extend for three years, an information in each of the other documents within legislation, Public Law 106–554 and collection request with the Office of Management and Budget (OMB). the collection. Public Law 107–50. This data will be Statutory Authority: 42 U.S.C. 5908(a) DATES: collected by the DOE and provided to Comments regarding this (b) and (c); 37 CFR part 404; 10 CFR part the Small Business Administration proposed information collection must 784. (SBA) to maintain information about be received on or before July 23, 2021. Signing Authority: This document of SBIR/STTR awards issued through the If you anticipate difficulty in submitting the Department of Energy was signed on two programs. This data will be comments within that period, contact May 18, 2021, by Brian Lally, Assistant provided by DOE based on information the person listed below as soon as General Counsel for Technology collected from SBIR/STTR awardees. possible. Transfer and Intellectual Property, This data will be used by DOE, SBA, ADDRESSES: Written comments may be pursuant to delegated authority from the and Congress to assess the commercial sent to Jonathan Parthum, GC–62, U.S. Secretary of Energy. That document impact of these two programs; (5) Department of Energy, 1000 with the original signature and date is Annual Estimated Number of Independence Ave. SW, Washington, maintained by DOE. For administrative Respondents: 1,200; (6) Annual DC 20585, by fax at (202) 586–2805, or purposes only, and in compliance with Estimated Number of Total Responses: by email at jonathan.parthum@ requirements of the Office of the Federal 800; (7) Annual Estimated Number of hq.doe.gov. Register, the undersigned DOE Federal Burden Hours: 1,200; (8) Annual FOR FURTHER INFORMATION CONTACT: Register Liaison Officer has been Estimated Reporting and Recordkeeping Requests for additional information or authorized to sign and submit the document in electronic format for Cost Burden: $60,000. copies of the information collection publication, as an official document of Statutory Authority: Section 9 of the instrument and instructions should be directed by phone to Jonathan Parthum the Department of Energy. This Small Business Act, as amended, at (202) 586–5120 or by email at administrative process in no way alters codified at 15 U.S.C. 638(g). [email protected]. the legal effect on this document upon publication in the Federal Register. Signing Authority SUPPLEMENTARY INFORMATION: Comments are invited on: (a) Whether the extended Signed in Washington, DC, on May 18, This document of the Department of collection of information is necessary 2021. Energy was signed on May 18, 2021, by for the proper performance of the Treena V. Garrett, Manny Oliver, Director, Office of Small functions of the agency, including Federal Register Liaison Officer, U.S. Business Innovation Research and Small whether the information shall have Department of Energy. Business Technology Transfer, pursuant practical utility; (b) the accuracy of the [FR Doc. 2021–10823 Filed 5–21–21; 8:45 am] to delegated authority from the agency’s estimate of the burden of the BILLING CODE 6450–01–P Secretary of Energy. That document proposed collection of information, with the original signature and date is including the validity of the maintained by DOE. For administrative methodology and assumptions used; (c) DEPARTMENT OF ENERGY purposes only, and in compliance with ways to enhance the quality, utility, and Notice of Intent To Prepare a requirements of the Office of the Federal clarity of the information to be Supplemental Environmental Impact Register, the undersigned DOE Federal collected; and (d) ways to minimize the Statement for the Long-Term Register Liaison Officer has been burden on respondents, including through the use of automated collection Management and Storage of Elemental authorized to sign and submit the Mercury document in electronic format for techniques or other forms of information publication, as an official document of technology. AGENCY: Office of Environmental the Department of Energy. This This information collection request Management, Department of Energy. administrative process in no way alters contains: (1) OMB No.: 1910–0800; (2) ACTION: Notice of intent. the legal effect of this document upon Information Collection Request Title: Legal Collections; (3) Type of Review: SUMMARY: As required by the Mercury publication in the Federal Register. Renewal and Revision; (4) Purpose: To Export Ban Act of 2008, as amended Signed in Washington, DC, on May 18, continue to maintain DOE oversight of (MEBA), the U.S. Department of Energy 2021. responsibilities relating to DOE and (DOE) must identify a facility or Treena V. Garrett, Contractor invention reporting and facilities for the long-term management Federal Register Liaison Officer, U.S. related matters; (5) Annual Estimated and storage of elemental mercury Department of Energy. Number of Respondents: 1525; (6) generated within the United States. To [FR Doc. 2021–10854 Filed 5–21–21; 8:45 am] Annual Estimated Number of Total this end, DOE intends to prepare a BILLING CODE 6450–01–P Responses: 1830; (7) Annual Estimated supplemental environmental impact Number of Burden Hours: 4412.4; (8) statement (DOE/EIS–0423–S2; SEIS–II) Annual Estimated Reporting and to supplement both the January 2011
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27839
Environmental Impact Statement for the jurisdiction of a Federal agency (with at the DOE facility during the 40-year Long-Term Management and Storage of certain limited exceptions). MEBA also period of analysis. Elemental Mercury (DOE/EIS–0423; amends TSCA to prohibit the export of On December 6, 2019, DOE issued a 2011 Mercury Storage EIS) and the elemental mercury from the United Record of Decision (ROD) to document September 2013 Supplemental States (with certain limited exceptions). its designation of the WCS site near Environmental Impact Statement for the Section 5 of MEBA, ‘‘Long-Term Andrews, Texas, for the management Long-Term Management and Storage of Storage’’ (42 U.S.C. 6939f), is codified and storage of up to 6,800 metric tons Elemental Mercury (DOE/EIS–0423–S1; with the Resource Conservation and of elemental mercury in leased portions 2013 Mercury Storage SEIS) by updating Recovery Act (RCRA; 42 U.S.C. 6901 et of existing buildings, the Container these previous analyses of potential seq.) and directs DOE to designate a Storage Building and Bin Storage Unit 1, environmental impacts and analyzing facility or facilities for the long-term at the WCS site (84 FR 66890). The ROD additional alternatives, in accordance management and storage of elemental was supported by DOE’s Supplement with the National Environmental Policy mercury generated within the United Analysis of the Final Long-Term Act (NEPA). States. MEBA also requires DOE to Management and Storage of Elemental ADDRESSES: Questions concerning the assess a fee based upon the pro rata Mercury Environmental Impact costs of long-term management and SEIS–II development or requests to be Statement (DOE/EIS–0423–SA–1), storage of elemental mercury delivered placed on the SEIS–II distribution list which determined that the long-term to the facility or facilities. can be sent to: Mrs. Julia Donkin, NEPA management and storage of up to 6,800 Document Manager, Office of The primary sources of elemental metric tons of elemental mercury in Environmental Management, U.S. mercury in the United States include existing buildings at the WCS facility elemental mercury generated as a Department of Energy, EM–4.22, 1000 would not constitute a substantial byproduct of the gold mining process Independence Avenue SW, Washington, change from the proposal evaluated in _ and mercury reclaimed from recycling DC 20585, elementalmercury nepa@ the 2011 Mercury Storage EIS and and waste recovery activities. In em.doe.gov or (202) 586–5000. updated in the 2013 Mercury Storage addition, DOE’s National Nuclear Questions related to DOE’s elemental SEIS. On December 23, 2019, DOE Security Administration (NNSA) stores mercury program should be directed to published a final rule to establish the approximately 1,200 metric tons of Mr. David Haught, Mercury Program fee for long-term management and Manager, Office of Environmental elemental mercury at the Oak Ridge storage of elemental mercury (84 FR Management, U.S. Department of Reservation in Tennessee, which was 70402; Fee Rule). Energy, EM–4.22, 1000 Independence generated in support of NNSA’s Avenue SW, Washington, DC 20585, mission. Two domestic generators of elemental [email protected] or (202) 586– The 2011 Mercury Storage EIS mercury subsequently filed complaints 5000. evaluated seven candidate locations for in United States District Court FOR FURTHER INFORMATION CONTACT: the elemental mercury storage facility, challenging, among other things, the Additional information regarding the as well as a No Action Alternative. The validity of the Fee Rule and the ROD SEIS–II, the 2011 Mercury Storage EIS, locations included new facility (Coeur Rochester, Inc. v. Brouillette et 2013 Mercury Storage SEIS, other construction, use of existing facilities, or al., Case No. 1:19-cv-03860–RJL (D.D.C. related documents, and the scope of both. The candidate locations were: filed December 31, 2019); Nevada Gold DOE’s elemental mercury program is DOE Grand Junction Disposal site near Mines LLC v. Brouillette et al., Case No. available online at https:// Grand Junction, Colorado (new 1:20-cv-00141–RJL (D.D.C filed January www.energy.gov/nepa/doeeis-0423-long- construction); DOE Hanford Site near 17, 2020)). On August 21, 2020, DOE term-management-and-storage- Richland, Washington (new and Nevada Gold Mines, LLC (NGM) elemental-mercury. For general construction); Hawthorne Army Depot executed a settlement agreement information concerning DOE’s Office of near Hawthorne, Nevada (existing intended to resolve NGM’s complaint in Environmental Management NEPA facility); DOE Idaho National Laboratory its entirety. Consistent with that process, please contact Mr. William near Idaho Falls, Idaho (new agreement, on September 3, 2020, DOE Ostrum, Office of Environmental construction and existing facility); filed a motion in the District Court Management NEPA Compliance Officer, Bannister Federal Complex in Kansas asking the Court to vacate and remand U.S. Department of Energy, EM–4.31, City, Missouri (existing facility); DOE the Fee Rule. The District Court granted 1000 Independence Avenue SW, Savannah River Site near Aiken, South the motion to vacate and remand the Washington, DC 20585, Carolina (new construction); and the Fee Rule on September 5, 2020. Given [email protected] or (202) Waste Control Specialists LLC (WCS) the rulemaking process required to 586–2513. site near Andrews, Texas (new establish a fee for the long-term SUPPLEMENTARY INFORMATION: construction and existing facility). management and storage of elemental The 2013 Mercury Storage SEIS mercury, and the expiration of DOE’s Background evaluated three additional alternative current lease with WCS in June 2021, The Mercury Export Ban Act of 2008 locations, at and in the vicinity of the DOE also agreed in the settlement with (Pub. L. 110–414), as amended by the Waste Isolation Pilot Plant near NGM to withdraw the designation of Frank R. Lautenberg Chemical Safety for Carlsbad, New Mexico (all new WCS pursuant to MEBA Section 5(a)(1) the 21st Century Act (Pub. L. 114–182) construction). The 2013 Mercury as a facility of DOE for the purpose of (MEBA), amends the Toxic Substances Storage SEIS also updated the analysis long-term management and storage of Control Act (TSCA; 15 U.S.C. 2601– of the alternatives presented in the 2011 elemental mercury. DOE subsequently 2629) to prohibit the sale, distribution, Mercury Storage EIS. withdrew the designation of WCS under or transfer by Federal agencies to any For the 2011 Mercury Storage EIS and MEBA in an amended ROD on October other Federal agency, any state or local the 2013 Mercury Storage SEIS, DOE 6, 2020 (85 FR 63105). The District government agency, or any private estimated that up to approximately Court granted a joint stipulation to individual or entity, of any elemental 10,000 metric tons of elemental mercury dismiss the litigation from Coeur mercury under the control or would need to be managed and stored Rochester, Inc. on April 23, 2021.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27840 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
Purpose and Need for Action mercury storage. Construction of new long-term management and storage of DOE must designate a facility for the facilities would further negatively elemental mercury. long-term management and storage of impact the schedule for DOE’s receipt of Through these outreach efforts, DOE elemental mercury generated within the elemental mercury, which was required has identified the following additional United States, as required by MEBA. by MEBA to begin acceptance by reasonable alternative locations that will MEBA also requires DOE to assess and January 2019. be evaluated in the SEIS–II (in addition collect a fee to cover certain costs of Of the four existing facilities to those previously evaluated as long-term management and storage of evaluated in the 2011 Mercury Storage discussed previously): • Bethlehem Apparatus in elemental mercury. EIS, two remain as reasonable Bethlehem, Pennsylvania; MEBA establishes that by January 1, alternatives. Since 2011, portions of the • Clean Harbors (facilities in 2019, a DOE-designated facility shall be Bannister Federal Complex in Kansas Pecatonica, Illinois; Greenbrier, operational and accept custody, for the City have been transferred from DOE to Tennessee; and Tooele, Utah); purpose of long-term management and a private entity and rezoned as an urban • Veolia North America in Gum storage, of elemental mercury generated redevelopment district. Therefore, this facility is no longer considered a Springs, Arkansas; and within the United States. Fiscal Year • Perma-Fix Diversified Scientific 2021 Appropriations Act Explanatory reasonable alternative for the storage of elemental mercury. Additionally, the Services, Inc., in Kingston, Tennessee. Statements for Division D, Energy and As part of the SEIS–II, DOE will Water Development and Related planning basis for the existing facilities at the Idaho National Laboratory update the analysis of the No-Action Agencies, includes the following Alternative. statement, ‘‘The Department [DOE] is Radioactive Waste Management directed to finalize the Fee Rule for Complex (RWMC) has changed and Potential Areas of Environmental mercury storage as expeditiously as those facilities are no longer considered Analysis possible.’’ a reasonable alternative for storage of elemental mercury. DOE is planning to DOE has tentatively identified the Proposed Action demolish these facilities and close the following resource areas for analysis in RWMC once its current radioactive the SEIS–II. The following list is not DOE proposes to designate one or intended to be comprehensive or to pre- more facilities for the long-term waste mission is completed. Therefore, the SEIS–II will update the analysis for determine the potential impacts to be management and storage of elemental analyzed: Land use and visual mercury in accordance with MEBA. the Hawthorne Army Depot in Nevada and the WCS site in Texas. resources; geology and soils; water Facilities must comply with applicable resources; air quality and noise; In addition to the two sites identified requirements of Section 5(d) of MEBA, ecological resources; cultural and previously, the SEIS–II will also ‘‘Management Standards for a Facility,’’ paleontological resources; evaluate other facilities that maintain or including the requirements of the Solid infrastructure; waste management; would be capable of maintaining a Waste Disposal Act as amended by occupational and public health and RCRA Part B permit for the long-term RCRA, and other state-specific safety; socioeconomics; transportation; management and storage of elemental permitting requirements. Consistent and environmental justice. with the Supplement Analysis prepared mercury. DOE used four methods to in 2019 but updated to account for identify these additional facilities: (1) NEPA Process and Public Participation accumulation of elemental mercury DOE contacted commercial facilities in the SEIS–II since then, the SEIS–II will evaluate the that had previously certified to DOE that DOE will prepare the SEIS–II in potential environmental impacts of an they meet the requirements to accept accordance with the Council on estimated inventory of up to 7,000 and store elemental mercury at least Environmental Quality (CEQ) metric tons of elemental mercury that until the DOE-designated facility opens regulations at 40 CFR parts 1500–1508 1 could require management and storage (https://www.energy.gov/em/ and DOE NEPA implementing during the 40-year period of analysis. downloads/permitted-mercury-storage- procedures at 10 CFR part 1021. In After completion of DOE’s Proposed facility-notifications); (2) on December accordance with 10 CFR 1021.311(f), a Action, DOE would establish the fee for 3, 2020, DOE issued basic ordering public scoping process is not required long-term management and storage of agreements to companies to conduct for a DOE-issued SEIS. DOE will issue elemental mercury through rulemaking nationwide waste management services, a Federal Register notice detailing the conducted pursuant to the including ancillary services such as release of the draft SEIS–II, dates of one Administrative Procedure Act (5 U.S.C. management and storage of elemental or more internet-based public hearings, 551 et seq.). DOE would evaluate the mercury; (3) on October 14, 2020, DOE and directions on submitting public potential environmental impacts of the issued a Sources Sought Synopsis/ comments. DOE expects to issue the rulemaking in accordance with NEPA Request for Information to identify Draft SEIS–II in late 2021. implementing procedures at 10 CFR potential offerors to provide leased 1021.213. space and associated services for the Signing Authority management and storage of elemental Proposed Alternatives This document of the Department of mercury; and (4) DOE is re-evaluating Energy was signed on May 17, 2021, by The 2011 Mercury Storage EIS and the existing facilities on DOE property that Mark Gilbertson, Associate Principal 2013 Mercury Storage SEIS evaluated could be repurposed for management Deputy Assistant Secretary for both new construction and the and storage of elemental mercury. Past Regulatory and Policy Affairs, pursuant designation of existing facilities for and ongoing procurement actions were management and storage of elemental used only to assist in the identification 1 On July 16, 2020, the CEQ issued a final rule mercury. In the SEIS–II, DOE’s range of of potential reasonable alternatives for to update its regulations for Federal agencies to reasonable alternatives includes existing consideration in the SEIS. They do not implement NEPA (85 FR 43304). The effective date have a bearing on what future for the new regulations is September 14, 2020. facilities that could be designated with Because the SEIS–II was initiated after that effective only minor modifications to meet the procurement actions that DOE would date, it will be prepared in accordance with the new permitting requirements for elemental take to contract for services related to CEQ regulations.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27841
to delegated authority from the SUPPLEMENTARY INFORMATION: This Signed in Washington, DC, on May 18, Secretary of the Energy. That document information collection request contains 2021. with the original signature and date is (1) OMB No.: 1905–0208; Samson A. Adeshiyan, maintained by DOE. For administrative (2) Information Collection Request Director, Office of Statistical Methods and purposes only, and in compliance with Title: Quarterly Electricity Imports and Research, U. S. Energy Information the requirements of the Office of the Exports Report; Administration. Federal Register, the undersigned DOE (3) Type of Request: Three-year [FR Doc. 2021–10884 Filed 5–21–21; 8:45 am] Federal Register Liaison Officer has extension without change; BILLING CODE 6450–01–P been authorized to sign and submit the (4) Purpose: Form EIA–111 collects document in electronic format for U.S. electricity import and export data publication, as an official document of DEPARTMENT OF ENERGY on a quarterly basis. The data are used the Department of Energy. This to measure the flow of electricity into administrative process in no way alters Federal Energy Regulatory and out of the United States. The import the legal effect of this document upon Commission and export data are reported by U.S. publication in the Federal Register. purchasers, sellers and transmitters of [Docket No. ER21–1916–000] Signed in Washington, DC, on May 19, wholesale electricity, including persons 2021. authorized by Order to export electric Assembly Solar III, LLC; Supplemental Treena V. Garrett, energy from the United States to foreign Notice That Initial Market-Based Rate Federal Register Liaison Officer, U.S. countries, persons authorized by Filing Includes Request for Blanket Department of Energy. Presidential Permit to construct, Section 204 Authorization [FR Doc. 2021–10905 Filed 5–21–21; 8:45 am] operate, maintain, or connect electric BILLING CODE 6450–01–P power transmission lines that cross the This is a supplemental notice in the U.S. international border, and U.S. above-referenced Assembly Solar III, Balancing Authorities that are directly LLC’s application for market-based rate DEPARTMENT OF ENERGY interconnected with foreign Balancing authority, with an accompanying rate tariff, noting that such application Energy Information Administration Authorities. Such entities report monthly flows of electric energy includes a request for blanket Agency Information Collection received or delivered across the border, authorization, under 18 CFR part 34, of Extension the cost associated with the future issuances of securities and transactions, and actual and assumptions of liability. AGENCY: Energy Information implemented interchange. Any person desiring to intervene or to Administration (EIA), Department of (4a) Proposed Changes to Information protest should file with the Federal Energy (DOE). Collection: No changes; Energy Regulatory Commission, 888 ACTION: Notice. (5) Annual Estimated Number of First Street NE, Washington, DC 20426, Respondents: 180; in accordance with Rules 211 and 214 SUMMARY: EIA submitted an information of the Commission’s Rules of Practice (6) Annual Estimated Number of collection request for extension as and Procedure (18 CFR 385.211 and Total Responses: 720; required by the Paperwork Reduction 385.214). Anyone filing a motion to Act of 1995. The information collection (7) Annual Estimated Number of intervene or protest must serve a copy requests a three-year extension of its Burden Hours: 1,080; of that document on the Applicant. Form EIA–111 Quarterly Electricity (8) Annual Estimated Reporting and Notice is hereby given that the Imports and Exports Report, OMB Recordkeeping Cost Burden: $88,182 deadline for filing protests with regard Control Number 1905–0208. Form EIA– (1,080 burden hours times $81.65 per to the applicant’s request for blanket 111 collects information on U.S. imports hour). EIA estimates that respondents authorization, under 18 CFR part 34, of and exports of electricity. Data are used will have no additional costs associated future issuances of securities and to obtain estimates on the flows of with the surveys other than the burden assumptions of liability, is June 7, 2021. electricity into and out of the United hours and the maintenance of the The Commission encourages States. information as part of the normal course electronic submission of protests and DATES: Comments on this information of business. interventions in lieu of paper, using the collection must be received no later Comments are invited on whether or FERC Online links at http:// than June 23, 2021. Written comments not: (a) The proposed collection of www.ferc.gov. To facilitate electronic and recommendations for the proposed information is necessary for the proper service, persons with internet access information collection should be sent performance of agency functions, who will eFile a document and/or be within 30 days of publication of this including whether the information will listed as a contact for an intervenor notice to www.reginfo.gov/public/do/ have a practical utility; (b) EIA’s must create and validate an PRAMain. Find this particular estimate of the burden of the proposed eRegistration account using the information collection by selecting collection of information, including the eRegistration link. Select the eFiling ‘‘Currently under 30-day Review—Open validity of the methodology and link to log on and submit the for Public Comments’’ or by using the assumptions used, is accurate; (c) EIA intervention or protests. search function. can improve the quality, utility, and Persons unable to file electronically FOR FURTHER INFORMATION CONTACT: If clarity of the information it will collect; may mail similar pleadings to the you need additional information, and (d) EIA can minimize the burden of Federal Energy Regulatory Commission, contact Tosha Beckford at (202) 287– the collection of information on 888 First Street NE, Washington, DC 6597 or by email at tosha.beckford@ respondents, such as automated 20426. Hand delivered submissions in eia.gov. The forms and instructions are collection techniques or other forms of docketed proceedings should be available on EIA’s website at http:// information technology. delivered to Health and Human www.eia.gov/survey/changes/ Statutory Authority: 15 U.S.C. 772(b), 42 Services, 12225 Wilkins Avenue, electricity/. U.S.C. 7101 et seq. Rockville, Maryland 20852.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27842 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
In addition to publishing the full text Dated: May 17, 2021. (Commission) will convene a of this document in the Federal Debbie-Anne A. Reese, Commissioner-led technical conference Register, the Commission provides all Deputy Secretary. in the above-referenced proceeding on interested persons an opportunity to [FR Doc. 2021–10851 Filed 5–21–21; 8:45 am] May 25, 2021, from approximately 9:00 view and/or print the contents of this BILLING CODE 6717–01–P a.m. to 4:15 p.m. Eastern time. The document via the internet through the conference will be held remotely. Commission’s Home Page (http:// Attached to this Supplemental Notice is www.ferc.gov) using the ‘‘eLibrary’’ link. DEPARTMENT OF ENERGY an agenda for the technical conference. Enter the docket number excluding the Commissioners may attend and last three digits in the docket number Federal Energy Regulatory participate in the technical conference. field to access the document. At this Commission time, the Commission has suspended Discussions at the conference may [Docket No. AD21–10–000] access to the Commission’s Public involve issues raised in proceedings that Reference Room, due to the Modernizing Electricity Market Design; are currently pending before the proclamation declaring a National Supplemental Notice of Technical Commission. These proceedings Emergency concerning the Novel Conference on Resource Adequacy in include, but are not limited to: Coronavirus Disease (COVID–19), issued the Evolving Electricity Sector: ISO by the President on March 13, 2020. For New England Inc assistance, contact the Federal Energy Regulatory Commission at As first announced in the Notice of [email protected] or call Technical Conference issued in this toll-free, (886) 208–3676 or TYY, (202) proceeding on April 22, 2021, the 502–8659. Federal Energy Regulatory Commission
Docket Nos.
ISO New England Inc ...... ER21–787–000. ISO New England Inc ...... ER21–943–000. New England Power Generators Ass’n, Inc. v. ISO New England Inc ...... EL21–26–000. ISO New England Inc ...... ER21–1226–000. ISO New England Inc., New England Power Pool Participants Committee ...... ER21–1637–000. Independent Market Monitor for PJM v. PJM Interconnection, L.L.C ...... EL19–47–000. Office of the People’s Counsel for D.C. et al. v. PJM Interconnection ...... EL19–63–000. PJM Interconnection, L.L.C ...... EL19–100–000. PJM Interconnection, L.L.C ...... ER21–278–000 and ER21–278–001. New York Independent System Operator, Inc ...... ER20–1718–002. New York State Public Service Commission, et al. v. New York Independent EL16–92–004 and ER17–996–004. System Operator, Inc. New York Independent System Operator, Inc ...... ER16–1404–005, ER16–1404–006, and ER16–1404–007. New York Independent System Operator, Inc ...... ER21–502–000 and ER21–502–001. New York Independent System Operator, Inc ...... ER21–1018–000. Cricket Valley Energy Center LLC and Empire Generating Company, LLC v. EL21–7–000. New York Independent System Operator, Inc.
The conference will be open for the David Rosner at [email protected] DEPARTMENT OF ENERGY public to attend remotely. There is no or (202) 502–8479 or Emma Nicholson fee for attendance. Information on this at [email protected] or (202) Federal Energy Regulatory technical conference, including a link to 502–8741. For legal information, please Commission the webcast, will be posted on the contact Meghan O’Brien at Combined Notice of Filings conference’s event page on the meghan.o’[email protected] or (202) 502– Commission’s website (https:// 6137. For information related to Take notice that the Commission has www.ferc.gov/news-events/events/ logistics, please contact Sarah McKinley received the following Natural Gas technical-conference-regarding- at [email protected] or (202) Pipeline Rate and Refund Report filings: wholesale-markets-administered-iso- 502–8368. Docket Numbers: RP21–824–000. new-england) prior to the event. Dated: May 17, 2021. Applicants: Northern Border Pipeline The conference will be transcribed. Company. Transcripts will be available for a fee Kimberly D. Bose, Description: § 4(d) Rate Filing: from Ace Reporting at (202) 347–3700. Secretary. Seasonal Rates Invoicing Update to be Commission conferences are [FR Doc. 2021–10826 Filed 5–21–21; 8:45 am] effective 6/15/2021. accessible under section 508 of the BILLING CODE 6717–01–P Filed Date: 5/14/21. Rehabilitation Act of 1973. For Accession Number: 20210514–5090. accessibility accommodations, please Comments Due: 5 p.m. ET 5/26/21. send an email to [email protected] Docket Numbers: RP21–825–000. or call toll free (866) 208–3372 (voice) Applicants: Rockies Express Pipeline or (202) 208–8659 (TTY), or send a fax LLC. to (202) 208–2106 with the required Description: Compliance filing REX accommodations. 2021 Annual Penalty Charge For more information about this Reconciliation. technical conference, please contact Filed Date: 5/14/21.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27843
Accession Number: 20210514–5179. questions. Commenters are also invited project occupies approximately 0.05 Comments Due: 5 p.m. ET 5/26/21. to reference material previously filed in acre of federal land administered by the Docket Numbers: RP21–826–000. this docket but are encouraged to avoid U.S. Forest Service. Applicants: Tallgrass Interstate Gas repetition or replication of previous g. Filed Pursuant to: Federal Power Transmission, LLC. material. Comments must be submitted Act, 16 U.S.C. 791(a)–825(r). Description: Compliance filing TIGT on or before 45 days from the date of h. Applicant Contact: Mr. Ian Clark, 2021 Annual Penalty Charge this Notice. Mad River Power Associates, 1 Pepsi Reconciliation. Comments may be filed electronically Way, Suite 6n75, Katonah, NY 10536; Filed Date: 5/14/21. via the internet.1 Instructions are Phone at (914) 297–7645, or email at Accession Number: 20210514–5180. available on the Commission’s website [email protected]. Comments Due: 5 p.m. ET 5/26/21. http://www.ferc.gov/docs-filing/ i. FERC Contact: Amanda Gill at (202) 502–6773; or email at amanda.gill@ The filings are accessible in the efiling.asp. For assistance, please contact FERC Online Support at ferc.gov. Commission’s eLibrary system (https:// j. Deadline for filing scoping elibrary.ferc.gov/idmws/search/ [email protected] or toll free at 1–866–208–3676, or for TTY, comments: June 17, 2021. fercgensearch.asp) by querying the The Commission strongly encourages docket number. (202) 502–8659. Although the Commission strongly encourages electronic filing. Please file scoping Any person desiring to intervene or comments using the Commission’s protest in any of the above proceedings electronic filing, documents may also be paper-filed. To paper-file, submissions eFiling system at https:// must file in accordance with Rules 211 ferconline.ferc.gov/FERCOnline.aspx. and 214 of the Commission’s sent via the U.S. Postal Service must be addressed to: Federal Energy Regulatory Commenters can submit brief comments Regulations (18 CFR 385.211 and up to 6,000 characters, without prior 385.214) on or before 5:00 p.m. Eastern Commission, Office of the Secretary, 888 First Street NE, Washington, DC registration, using the eComment system time on the specified comment date. at https://ferconline.ferc.gov/ Protests may be considered, but 20426. Submissions sent via any other carrier must be addressed to: Federal QuickComment.aspx. You must include intervention is necessary to become a your name and contact information at party to the proceeding. Energy Regulatory Commission, Office of the Secretary, 12225 Wilkins Avenue, the end of your comments. For eFiling is encouraged. More detailed assistance, please contact FERC Online information relating to filing Rockville, Maryland 20852. For more information about this Support at FERCOnlineSupport@ requirements, interventions, protests, ferc.gov, (866) 208–3676 (toll free), or service, and qualifying facilities filings Notice, please contact: Michael Hill (Technical Information), (202) 502–8659 (TTY). In lieu of can be found at: http://www.ferc.gov/ electronic filing, you may submit a docs-filing/efiling/filing-req.pdf. For Office of Energy Policy and Innovation, (202) 502–8703, paper copy. Submissions sent via the other information, call (866) 208–3676 U.S. Postal Service must be addressed (toll free). For TTY, call (202) 502–8659. [email protected] Sarah Greenberg (Legal Information), to: Kimberly D. Bose, Secretary, Federal Dated: May 17, 2021. Office of the General Counsel, (202) Energy Regulatory Commission, 888 Debbie-Anne A. Reese, 502–6230, [email protected] First Street NE, Room 1A, Washington, Deputy Secretary. DC 20426. Submissions sent via any Dated: May 17, 2021. [FR Doc. 2021–10850 Filed 5–21–21; 8:45 am] other carrier must be addressed to: Kimberly D. Bose, BILLING CODE 6717–01–P Kimberly D. Bose, Secretary, Federal Secretary. Energy Regulatory Commission, 12225 [FR Doc. 2021–10836 Filed 5–21–21; 8:45 am] Wilkins Avenue, Rockville, Maryland DEPARTMENT OF ENERGY BILLING CODE 6717–01–P 20852. All filings must clearly identify the project name and docket number on Federal Energy Regulatory the first page: Campton Hydroelectric Commission DEPARTMENT OF ENERGY Project (P–3253–015). The Commission’s Rules of Practice [Docket No. AD21–12–000] Federal Energy Regulatory and Procedure require all intervenors Commission Electrification and the Grid of the filing documents with the Commission Future; Notice Inviting Post-Technical [Project No. 3253–015] to serve a copy of that document on Conference Comments each person on the official service list Mad River Power Associates; Notice for the project. Further, if an intervenor On April 29, 2021, the Federal Energy Soliciting Scoping Comments files comments or documents with the Regulatory Commission (Commission) Take notice that the following Commission relating to the merits of an convened a technical conference to hydroelectric application has been filed issue that may affect the responsibilities discuss electrification and the grid of with the Commission and is available of a particular resource agency, they the future. for public inspection. must also serve a copy of the document All interested persons are invited to a. Type of Application: Subsequent on that resource agency. file post-technical conference comments Minor License. k. The application is not ready for to address issues raised during the b. Project No.: 3253–015. environmental analysis at this time. technical conference and identified in c. Date Filed: November 3, 2020. l. The existing Campton Project is the Supplemental Notice of Technical d. Submitted By: Mad River Power located at the Forest Service’s Campton Conference issued April 14, 2021. For Associates (MRPA). Dam and Pond, and consists of: (1) A reference, the questions included in the e. Name of Project: Campton 22-foot-wide, 24-foot-high concrete Supplemental Notice are included Hydroelectric Project (project). intake structure located approximately below. Commenters need not answer all f. Location: On the Mad River in 60 feet upstream of the Campton Dam of the questions, but commenters are Grafton County, New Hampshire. The on the east shoreline of Campton Pond, encouraged to organize responses using that includes a 25-foot-long,13-foot-high the numbering and order in the below 1 See 18 CFR 385.2001(a)(1)(iii) (2020). trashrack with 1.75-inch clear bar
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27844 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
spacing; (2) a 600-foot-long, 78-inch- proposed project will be approximately Dated: May 18, 2021. diameter underground steel penstock 1,900 MWh. Kimberly D. Bose, that trifurcates into three 48-inch- m. In addition to publishing the full Secretary. diameter sections measuring 20 feet, 30 text of this document in the Federal [FR Doc. 2021–10887 Filed 5–21–21; 8:45 am] feet, and 43 feet in length, respectively; Register, the Commission provides all BILLING CODE 6717–01–P (3) a 43-foot-long, 30-foot-wide interested persons an opportunity to powerhouse located on the east side of view and/or print the contents via the the Mad River that contains a 167-kW internet through the Commission’s DEPARTMENT OF ENERGY Francis turbine-generator unit; (4) two Home Page (http://www.ferc.gov) using 236-kW submersible Flygt turbine- the ‘‘eLibrary’’ link. Enter the docket Federal Energy Regulatory generator units located outside of the number excluding the last three digits in Commission powerhouse; (5) an approximately 55- the docket number field to access the Combined Notice of Filings #1 foot-long, 40-foot-wide tailrace; (6) a document. At this time, the Commission 200-foot-long transmission line and a has suspended access to the Take notice that the Commission 33.5-kilovolt transformer that connects Commission’s Public Reference Room, received the following electric corporate the generators to the electric grid; (7) an due to the proclamation declaring a filings: Atlantic salmon smolt bypass facility National Emergency concerning the Docket Numbers: EC21–68–000. consisting of an 85-foot-long, 20-inch Novel Coronavirus Disease (COVID–19), Applicants: Oleander Power Project, diameter cast iron pipe that empties into issued by the President on March 13, LP. an 3.5-foot-deep plunge pool 2020. For assistance, contact FERC at Description: Response to May 4, 2021 approximately 15 feet downstream of [email protected] or call Deficiency Letter of Oleander Power the dam; and (8) appurtenant facilities. toll-free, (866) 208–3676 or TYY, (202) Project, Limited Partnership Power The project creates an approximately 502–8659. Holding LLC. 600-foot-long bypassed reach of the Mad n. You may also register online at Filed Date: 5/14/21. River. https://ferconline.ferc.gov/ Accession Number: 20210514–5212. MRPA currently has a Special Use FERCOnline.aspx to be notified via Comments Due: 5 p.m. ET 5/28/21. Permit from the Forest Service for email of new filings and issuances Docket Numbers: EC21–94–000. operation and maintenance of the related to this or other pending projects. Applicants: Constellation Holdings, Campton Project. MRPA voluntarily For assistance, contact FERC Online LLC, Albany Green Energy, LLC. operates the project as a run-of-release Support. Description: Application for facility. Each Flyght turbine unit has a Authorization Under Section 203 of the minimum and maximum hydraulic o. Scoping Process. Federal Power Act, et al. of capacity of 74 cubic feet per second (cfs) Commission staff will prepare either Constellation Holdings, LLC, et al. and 89 cfs, respectively, and the Francis an environmental assessment (EA) or an Environmental Impact Statement (EIS) Filed Date: 5/14/21. turbine unit has a minimum and Accession Number: 20210514–5215. that describes and evaluates the maximum hydraulic capacity of 23 cfs Comments Due: 5 p.m. ET 6/4/21. and 60 cfs, respectively. When probable effects, if any, of the licensee’s generating electricity, water released proposed action and alternatives. The Take notice that the Commission from Campton Pond, is diverted through EA or EIS will consider environmental received the following exempt the intake structure and the penstock, to impacts and reasonable alternatives to wholesale generator filings: the turbines, where it is then discharged the proposed action. The Commission’s Docket Numbers: EG21–147–000. to the project tailrace and the Mad scoping process will help determine the Applicants: Black Rock Wind Force, River. required level of analysis and satisfy the LLC. The current license requires: (1) NEPA scoping requirements, Description: Notice of Self- Inflow to be discharged over the irrespective of whether the Commission Certification of Exempt Wholesale spillway to the bypassed reach during prepares an EA or an EIS. Due to Generator Status, LLC of Black Rock periods of non-generation or when concerns with large gatherings related to Wind Force, LLC. inflow is less than 25 cfs; (2) a COVID–19, we do not intend to conduct Filed Date: 5/17/21. minimum flow of 4.5 cfs through the a public scoping meeting and site visit Accession Number: 20210517–5077. smolt bypass facility during periods of in this case. Instead, we are soliciting Comments Due: 5 p.m. ET 6/7/21. generation or when inflow is greater written comments and suggestions on Take notice that the Commission than 25 cfs; and (3) operation of the the preliminary list of issues and received the following electric rate smolt bypass facility from mid-April to alternatives to be addressed in the filings: mid-June. The average annual energy NEPA document, as described in Docket Numbers: ER13–738–008; production of the project from 2007 scoping document 1 (SD1), issued May ER10–1186–011; ER10–1329–011; through 2018 was 1,170 MWh. 18, 2021. ER11–2731–004; ER11–3097–012; MRPA proposes to: (1) Continue Copies of the SD1 outlining the ER12–421–004. operating the project in a run-of-release subject areas to be addressed in the Applicants: DTE Electric Company, mode; (2) replace one of the 236-kW NEPA document were distributed to the DTE Energy Trading, Inc., DTE Energy Flygt turbine-generator units with a new parties on the Commission’s mailing list Supply, LLC, DTE Garden Wind Farm, 340-kW Flygt turbine-generator unit, for and the applicant’s distribution list. LLC, DTE Stoney Corners Wind Farm, a total installed capacity of 743 kW at Copies of SD1 may be viewed on the LLC, St. Paul Cogeneration, LLC. the project; (3) release a minimum flow web at http://www.ferc.gov using the Description: Notice of Non-Material of 29 cfs or inflow, whichever is less, ‘‘eLibrary’’ link. Enter the docket Change in Status of DTE MBR Entities. over the dam to the bypassed reach; and number excluding the last three digits in Filed Date: 5/14/21. (4) close the existing smolt bypass the docket number field to access the Accession Number: 20210514–5205. facility. MRPA estimates that the document. For assistance, call 1–866– Comments Due: 5 p.m. ET 6/4/21. average annual generation of the 208–3676 or for TTY, (202) 502–8659. Docket Numbers: ER16–2320–007.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27845
Applicants: Pacific Gas and Electric Comments Due: 5 p.m. ET 6/7/21. Applicants: American Electric Power Company. Docket Numbers: ER21–1920–000. Service Corporation, Ohio Power Description: Compliance filing: TO18 Applicants: ALLETE, Inc. Company, PJM Interconnection, L.L.C. Order on Rehearing Compliance Filing Description: § 205(d) Rate Filing: Description: § 205(d) Rate Filing: AEP to be effective N/A. Certificate of Concurrence (Original submits the Buckhorn FA re: ILDSA SA Filed Date: 5/17/21. TCRA) to be effective 9/1/2015. No. 1336 to be effective 7/17/2021. Accession Number: 20210517–5091. Filed Date: 5/17/21. Filed Date: 5/17/21. Comments Due: 5 p.m. ET 6/7/21. Accession Number: 20210517–5052. Accession Number: 20210517–5123. Docket Numbers: ER19–2585–003. Comments Due: 5 p.m. ET 6/7/21. Comments Due: 5 p.m. ET 6/7/21. Applicants: Florida Power & Light Docket Numbers: ER21–1921–000. Docket Numbers: ER21–1928–000. Company. Applicants: Citadel Energy Marketing Applicants: Diamond Energy East, Description: Compliance filing: LLC. LLC. Compliance Filing Revising Tariff Description: Baseline eTariff Filing: Description: § 205(d) Rate Filing: Records to Reflect Approved Settlement Baseline new to be effective 5/18/2021. Notice of Succession and Revised to be effective 4/1/2020. Filed Date: 5/17/21. Market-Based Rate Tariffs to be effective Filed Date: 5/17/21. Accession Number: 20210517–5056. 5/18/2021. Accession Number: 20210517–5125. Comments Due: 5 p.m. ET 6/7/21. Filed Date: 5/17/21. Comments Due: 5 p.m. ET 6/7/21. Docket Numbers: ER21–1922–000. Accession Number: 20210517–5126. Docket Numbers: ER20–1831–001. Applicants: Midcontinent Comments Due: 5 p.m. ET 6/7/21. Applicants: UGI Utilities, Inc., PJM Independent System Operator, Inc., Docket Numbers: ER21–1929–000. Interconnection, L.L.C. Ameren Illinois Company. Applicants: Diamond Energy NE, LLC. Description: Compliance filing: UGI Description: § 205(d) Rate Filing: Description: § 205(d) Rate Filing: Utilities, Inc. submits Compliance Filing 2021–05–17_SA 3028 Ameren IL-Prairie Notice of Succession and Revised in ER20–1831 re: Order 864 to be Power Project #20 Taylorville to be Market-Based Rate Tariffs to be effective effective 1/27/2020. effective 7/17/2021. 5/18/2021. Filed Date: 5/17/21. Filed Date: 5/17/21. Filed Date: 5/17/21. Accession Number: 20210517–5145. Accession Number: 20210517–5064. Accession Number: 20210517–5129. Comments Due: 5 p.m. ET 6/7/21. Comments Due: 5 p.m. ET 6/7/21. Comments Due: 5 p.m. ET 6/7/21. Docket Numbers: ER21–1670–001. Docket Numbers: ER21–1923–000. Docket Numbers: ER21–1930–000. Applicants: Midcontinent Applicants: Black Rock Wind Force, Applicants: Diamond Energy NY, Independent System Operator, Inc. LLC. LLC. Description: Tariff Amendment: Description: Baseline eTariff Filing: Description: § 205(d) Rate Filing: 2021–05–17_SA 3424 ATC-Wisconsin Application for Market-Based Rate Notice of Succession and Revised Electric Power Substitute 1st Rev GIA Authorization and Request for Waivers Market-Based Rate Tariffs to be effective (J871) to be effective 3/30/2021. to be effective 7/17/2021. 5/18/2021. Filed Date: 5/17/21. Filed Date: 5/17/21. Filed Date: 5/17/21. Accession Number: 20210517–5135. Accession Number: 20210517–5068. Accession Number: 20210517–5134. Comments Due: 5 p.m. ET 6/7/21. Comments Due: 5 p.m. ET 6/7/21. Comments Due: 5 p.m. ET 6/7/21. Docket Numbers: ER21–1905–001. Docket Numbers: ER21–1924–000. Docket Numbers: ER21–1931–000. Applicants: NextEra Energy Applicants: ALLETE, Inc. Applicants: UGI Utilities Inc., PJM Transmission MidAtlantic Indiana, Inc., Description: § 205(d) Rate Filing: Interconnection, L.L.C. PJM Interconnection, L.L.C. Certificate of Concurrence (Amended Description: Compliance filing: UGI Description: Tariff Amendment: NEET TCRA) to be effective 2/16/2021. Utilities, Inc. Submits Single-Issue MidAtlantic IN submits Errata to IA, SA Filed Date: 5/17/21. Audit Compliance Filing to be effective No. 5801 with NIPSCO to be effective Accession Number: 20210517–5070. 7/19/2021. 4/2/2021. Comments Due: 5 p.m. ET 6/7/21. Filed Date: 5/17/21. Filed Date: 5/14/21. Docket Numbers: ER21–1925–000. Accession Number: 20210517–5153. Accession Number: 20210514–5192. Applicants: Southern California Comments Due: 5 p.m. ET 6/7/21. Comments Due: 5 p.m. ET 6/4/21. Edison Company. Docket Numbers: ER21–1932–000. Docket Numbers: ER21–1918–000. Description: § 205(d) Rate Filing: Applicants: PJM Interconnection, Applicants: Algonquin Energy Amended LGIA Kramer Junction 8 L.L.C. Services Inc. Project TOT697QFC SA No. 247 to be Description: § 205(d) Rate Filing: Description: § 205(d) Rate Filing: effective 7/17/2021. Amendment to ISA, SA No. 5473; Revisions to AES Market-Based Rate Filed Date: 5/17/21. Queue No. AC1–054 to be effective Tariff to be effective 6/30/2021. Accession Number: 20210517–5087. 8/27/2019. Filed Date: 5/14/21. Comments Due: 5 p.m. ET 6/7/21. Filed Date: 5/17/21. Accession Number: 20210514–5217. Docket Numbers: ER21–1926–000. Accession Number: 20210517–5155. Comments Due: 5 p.m. ET 6/4/21. Applicants: Louisville Gas and Comments Due: 5 p.m. ET 6/7/21. Docket Numbers: ER21–1919–000. Electric Company. The filings are accessible in the Applicants: PJM Interconnection, Description: § 205(d) Rate Filing: LGE Commission’s eLibrary system (https:// L.L.C. and KU_Rhudes Creek Provisional Large elibrary.ferc.gov/idmws/search/ Description: § 205(d) Rate Filing: Generator Interconnection Agreement to fercgensearch.asp) by querying the Enhancements to PJM Dispatch and be effective 5/7/2021. docket number. Pricing ? The Long-Term Reforms to be Filed Date: 5/17/21. Any person desiring to intervene or effective 11/1/2021. Accession Number: 20210517–5115. protest in any of the above proceedings Filed Date: 5/17/21. Comments Due: 5 p.m. ET 6/7/21. must file in accordance with Rules 211 Accession Number: 20210517–5042. Docket Numbers: ER21–1927–000. and 214 of the Commission’s
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27846 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
Regulations (18 CFR 385.211 and the Commission’s eFiling system at Commission’s website at http:// 385.214) on or before 5:00 p.m. Eastern http://www.ferc.gov/docs-filing/ www.ferc.gov using the ‘‘eLibrary’’ link. time on the specified comment date. efiling.asp. Commenters can submit Enter the docket number excluding the Protests may be considered, but brief comments up to 6,000 characters, last three digits in the docket number intervention is necessary to become a without prior registration, using the field to access the document. You may party to the proceeding. eComment system at http:// also register online at http:// eFiling is encouraged. More detailed www.ferc.gov/docs-filing/ www.ferc.gov/docs-filing/ information relating to filing ecomment.asp. You must include your esubscription.asp to be notified via requirements, interventions, protests, name and contact information at the end email of new filings and issuances service, and qualifying facilities filings of your comments. For assistance, related to this or other pending projects. can be found at: http://www.ferc.gov/ please contact FERC Online Support at For assistance, call 1–866–208–3676 or docs-filing/efiling/filing-req.pdf. For [email protected], (866) email [email protected], for other information, call (866) 208–3676 208–3676 (toll free), or (202) 502–8659 TTY, call (202) 502–8659. Agencies may (toll free). For TTY, call (202) 502–8659. (TTY). In lieu of electronic filing, you obtain copies of the application directly Dated: May 17, 2021. may submit a paper copy. Submissions from the applicant. sent via the U.S. Postal Service must be Debbie-Anne A. Reese, m. Individuals desiring to be included addressed to: Kimberly D. Bose, on the Commission’s mailing list should Deputy Secretary. Secretary, Federal Energy Regulatory so indicate by writing to the Secretary [FR Doc. 2021–10849 Filed 5–21–21; 8:45 am] Commission, 888 First Street NE, Room of the Commission. BILLING CODE 6717–01–P 1A, Washington, DC 20426. Submissions sent via any other carrier n. Comments, Protests, or Motions to must be addressed to: Kimberly D. Bose, Intervene: Anyone may submit DEPARTMENT OF ENERGY Secretary, Federal Energy Regulatory comments, a protest, or a motion to intervene in accordance with the Federal Energy Regulatory Commission, 12225 Wilkins Avenue, requirements of Rules of Practice and Commission Rockville, MD 20852. The first page of any filing should include docket Procedure, 18 CFR 385.210, .211, .214, [Project No. 2934–031] number P–2934–031. Comments respectively. In determining the emailed to Commission staff are not appropriate action to take, the New York State Electric & Gas considered part of the Commission Commission will consider all protests or Corporation; Notice of Application for record. other comments filed, but only those Amendment of License, Soliciting The Commission’s Rules of Practice who file a motion to intervene in Comments, Motions To Intervene, and and Procedure require all intervenors accordance with the Commission’s Protests filing documents with the Commission Rules may become a party to the proceeding. Any comments, protests, or Take notice that the following to serve a copy of that document on motions to intervene must be received hydroelectric application has been filed each person whose name appears on the on or before the specified comment date with the Commission and is available official service list for the project. for the particular application. for public inspection: Further, if an intervenor files comments a. Type of Proceeding: Request for or documents with the Commission o. Filing and Service of Documents: temporary amendment of Article 402. relating to the merits of an issue that Any filing must (1) bear in all capital b. Project No.: 2934–031. may affect the responsibilities of a letters the title ‘‘COMMENTS’’, c. Date Filed: March 31, 2021, and particular resource agency, they must ‘‘PROTEST’’, or ‘‘MOTION TO supplemented April 22, 2021. also serve a copy of the document on INTERVENE’’ as applicable; (2) set forth d. Licensee: New York State Electric & that resource agency. in the heading the name of the applicant Gas Corporation. k. Description of Request: The and the project number of the e. Name of Project: Upper applicant proposes to temporarily application to which the filing Mechanicville Hydroelectric Project. amend Article 402 of the license until responds; (3) furnish the name, address, f. Location: The project is located on December 2023. The licensee has and telephone number of the person the Hudson River in Saratoga and identified that the majority of the commenting, protesting or intervening; Rensselaer counties, New York. inflatable crest gate bladders have and (4) otherwise comply with the g. Filed Pursuant to: Federal Power reached their service life and require requirements of 18 CFR 385.2001 Act, 16 U.S.C. 791a–825r. replacement. The licensee is proposing through 385.2005. All comments, h. Licensee Contact: Mr. David W. to lower the impoundment elevation motions to intervene, or protests must Dick, New York State Electric & Gas requirement from 72 inches or greater set forth their evidentiary basis. Any Corporation, 89 East Avenue, Rochester, above the fixed spillway to 50 inches or filing made by an intervenor must be NY 14649, (585) 724–8535, david_dick@ greater above the fixed spillway. The accompanied by proof of service on all rge.com. licensee states this will limit the persons listed in the service list i. FERC Contact: Jeremy Jessup, (202) continuous load on the fully inflated prepared by the Commission in this 502–6779, [email protected]. bladders until the replacement and proceeding, in accordance with 18 CFR j. Deadline for filing comments, upgrade of the remaining bladders. The 385.2010. licensee will continue to operate the motions to intervene, and protests, is 30 Dated: May 18, 2021. days from the issuance date of this project in run-of-river mode and provide notice by the Commission. the seasonal minimum bypass flow Kimberly D. Bose, The Commission strongly encourages beginning on May 1, 2021. Secretary. electronic filing. Please file comments, l. Locations of the Application: This [FR Doc. 2021–10888 Filed 5–21–21; 8:45 am] motions to intervene, and protests using filing may be viewed on the BILLING CODE 6717–01–P
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27847
DEPARTMENT OF ENERGY field to access the document. At this link to log on and submit the time, the Commission has suspended intervention or protests. Federal Energy Regulatory access to the Commission’s Public Persons unable to file electronically Commission Reference Room, due to the may mail similar pleadings to the [Docket No. ER21–1923–000] proclamation declaring a National Federal Energy Regulatory Commission, Emergency concerning the Novel 888 First Street NE, Washington, DC Black Rock Wind Force, LLC; Coronavirus Disease (COVID–19), issued 20426. Hand delivered submissions in Supplemental Notice That Initial by the President on March 13, 2020. For docketed proceedings should be Market-Based Rate Filing Includes assistance, contact the Federal Energy delivered to Health and Human Request for Blanket Section 204 Regulatory Commission at Services, 12225 Wilkins Avenue, Authorization [email protected] or call Rockville, Maryland 20852. toll-free, (886) 208–3676 or TYY, (202) In addition to publishing the full text This is a supplemental notice in the 502–8659. of this document in the Federal above-referenced Black Rock Wind Register, the Commission provides all Force, LLC’s application for market- Dated: May 17, 2021. Debbie-Anne A. Reese, interested persons an opportunity to based rate authority, with an view and/or print the contents of this Deputy Secretary. accompanying rate tariff, noting that document via the internet through the such application includes a request for [FR Doc. 2021–10848 Filed 5–21–21; 8:45 am] Commission’s Home Page (http:// blanket authorization, under 18 CFR BILLING CODE 6717–01–P www.ferc.gov) using the ‘‘eLibrary’’ link. part 34, of future issuances of securities Enter the docket number excluding the and assumptions of liability. last three digits in the docket number Any person desiring to intervene or to DEPARTMENT OF ENERGY field to access the document. At this protest should file with the Federal time, the Commission has suspended Energy Regulatory Commission, 888 Federal Energy Regulatory access to the Commission’s Public First Street NE, Washington, DC 20426, Commission Reference Room, due to the in accordance with Rules 211 and 214 [Docket No. ER21–1921–000] proclamation declaring a National of the Commission’s Rules of Practice Emergency concerning the Novel and Procedure (18 CFR 385.211 and Citadel Energy Marketing LLC; Coronavirus Disease (COVID–19), issued 385.214). Anyone filing a motion to Supplemental Notice That Initial by the President on March 13, 2020. For intervene or protest must serve a copy Market-Based Rate Filing Includes assistance, contact the Federal Energy of that document on the Applicant. Request for Blanket Section 204 Regulatory Commission at Notice is hereby given that the Authorization deadline for filing protests with regard [email protected] or call to the applicant’s request for blanket This is a supplemental notice in the toll-free, (886) 208–3676 or TYY, (202) authorization, under 18 CFR part 34, of above-referenced Citadel Energy 502–8659. future issuances of securities and Marketing LLC’s application for market- Dated: May 17, 2021. assumptions of liability, is June 7, 2021. based rate authority, with an Debbie-Anne A. Reese, The Commission encourages accompanying rate tariff, noting that Deputy Secretary. such application includes a request for electronic submission of protests and [FR Doc. 2021–10847 Filed 5–21–21; 8:45 am] blanket authorization, under 18 CFR interventions in lieu of paper, using the BILLING CODE 6717–01–P FERC Online links at http:// part 34, of future issuances of securities www.ferc.gov. To facilitate electronic and assumptions of liability. service, persons with internet access Any person desiring to intervene or to DEPARTMENT OF ENERGY who will eFile a document and/or be protest should file with the Federal listed as a contact for an intervenor Energy Regulatory Commission, 888 Federal Energy Regulatory must create and validate an First Street NE, Washington, DC 20426, Commission eRegistration account using the in accordance with Rules 211 and 214 eRegistration link. Select the eFiling of the Commission’s Rules of Practice [Docket No. RM93–11–000] and Procedure (18 CFR 385.211 and link to log on and submit the Revisions to Oil Pipeline Regulations, 385.214). Anyone filing a motion to intervention or protests. Pursuant to the Energy Policy Act of intervene or protest must serve a copy Persons unable to file electronically 1992; Notice of Annual Change in the of that document on the Applicant. may mail similar pleadings to the Producer Price Index for Finished Notice is hereby given that the Federal Energy Regulatory Commission, Goods 888 First Street NE, Washington, DC deadline for filing protests with regard 20426. Hand delivered submissions in to the applicant’s request for blanket The Commission’s regulations include docketed proceedings should be authorization, under 18 CFR part 34, of a methodology for oil pipelines to delivered to Health and Human future issuances of securities and change their rates through use of an Services, 12225 Wilkins Avenue, assumptions of liability, is June 7, 2021. index system that establishes ceiling Rockville, Maryland 20852. The Commission encourages levels for such rates. The Commission In addition to publishing the full text electronic submission of protests and bases the index system, found at 18 CFR of this document in the Federal interventions in lieu of paper, using the 342.3, on the annual change in the Register, the Commission provides all FERC Online links at http:// Producer Price Index for Finished interested persons an opportunity to www.ferc.gov. To facilitate electronic Goods (PPI–FG), plus point seven eight view and/or print the contents of this service, persons with internet access percent (PPI–FG + 0.78). The document via the internet through the who will eFile a document and/or be Commission determined in an Order Commission’s Home Page (http:// listed as a contact for an intervenor Establishing Index Level,1 issued www.ferc.gov) using the ‘‘eLibrary’’ link. must create and validate an Enter the docket number excluding the eRegistration account using the 1 173 FERC ¶ 61,245, at P 63 (2020), reh’g last three digits in the docket number eRegistration link. Select the eFiling pending.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27848 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
December 17, 2020, that PPI–FG + 0.78 208–3676 (toll free) or 202–502–6652 inspection at 75 Hawthorne Street, San is the appropriate oil pricing index (email at [email protected]), Francisco, CA 94105. factor for pipelines to use for the five- or the Public Reference Room at 202– DATES: Comments must be submitted on year period commencing July 1, 2021. 502–8371, TTY 202–502–8659. Email or before June 23, 2021. The regulations provide that the the Public Reference Room at ADDRESSES: The proposed settlement is Commission will publish annually an [email protected]. available for public inspection at EPA index figure reflecting the final change Dated: May 14, 2021. Region IX, 75 Hawthorne Street, San in the PPI–FG after the Bureau of Labor Francisco, California. A copy of the Statistics publishes the final PPI–FG in Debbie-Anne A. Reese, proposed settlement may be obtained May of each calendar year. The annual Deputy Secretary. from David H. Kim, EPA Region IX, 75 average PPI–FG index figures were [FR Doc. 2021–10860 Filed 5–21–21; 8:45 am] Hawthorne Street, ORC–3, San 205.7 for 2019 and 202.9 for 2020.2 BILLING CODE 6717–01–P Francisco, CA 94105, telephone number Thus, the percent change (expressed as 415–972–3882. Comments should a decimal) in the annual average PPI–FG reference the IWP Site, Fresno, from 2019 to 2020, plus 0.78 percent, is ENVIRONMENTAL PROTECTION California and should be addressed to negative 0.005812.3 Oil pipelines must AGENCY Mr. Kim at the above address. multiply their July 1, 2020, through June [EPA–R9–2021–05; FRL–10023–76–Region FOR FURTHER INFORMATION CONTACT: 30, 2021, index ceiling levels by 9] positive 0.994188 4 to compute their David H. Kim, Assistant Regional index ceiling levels for July 1, 2021, Industrial Waste Processing Site, Counsel (ORC–3), Office of Regional through June 30, 2022, in accordance Fresno, California; Notice of Proposed Counsel, U.S. EPA Region IX, 75 with 18 CFR 342.3(d). For guidance in CERCLA Settlement Agreement and Hawthorne Street, San Francisco, CA calculating the ceiling levels for each Order on Consent 94105; phone: (415) 972–3882; fax: (417) 12-month period beginning January 1, 947–3570; email: [email protected]. l995,5 see Explorer Pipeline Company, AGENCY: Environmental Protection Agency (EPA). Enrique Manzanilla, 71 FERC ¶ 61,416, at n.6 (1995). Director, Superfund Division, U.S. EPA, ACTION: Notice; request for comment. In addition to publishing the full text Region IX. of this Notice in the Federal Register, the Commission provides all interested SUMMARY: In accordance with Section [FR Doc. 2021–10892 Filed 5–21–21; 8:45 am] persons an opportunity to view and/or 122(i) of the Comprehensive BILLING CODE 6560–50–P print this Notice via the internet Environmental Response, Compensation through FERC’s Home Page (http:// and Liability Act of 1980, as amended www.ferc.gov) using the eLibrary link. (CERCLA), notice is hereby given of a FEDERAL COMMUNICATIONS To access this document in eLibrary, proposed administrative settlement with COMMISSION Pacific Tent & Awning (Pacific Tent), for type the docket number excluding the [WC Docket No. 17–97; DA 21–546; FRS last three digits of this document in the payment of costs of investigation and 27843] docket number field and follow other remediation at the Industrial Waste directions on the search page. At this Processing (IWP) Site located at 7140 Call Authentication Trust Anchor time, the Commission has suspended North Harrison Street, Fresno, AGENCY: Federal Communications access to the Commission’s Public California. The Environmental Commission. Reference Room due to the Protection Agency (EPA) enters the proclamation declaring a National settlement pursuant to Section 122(h)(1) ACTION: Notice and request for Emergency concerning the Novel of CERCLA. The settlement provides for comments. Coronavirus Disease (COVID–19) issued Pacific Tent’s payment of $21,000, plus interest, towards costs incurred by EPA SUMMARY: In this document, the by the President on March 13, 2020. Wireline Competition Bureau (Bureau) User assistance is available for and the United States in investigating provides information and seeks eLibrary and other aspects of FERC’s and remediating contamination comment on adopting a Protective Order website during normal business hours. resulting from reclamation of solvents similar to that used by the Bureau in For assistance, please contact the from printing operations, glycols from Commission’s Online Support at 1–866– fluids used in natural gas dehydration, other proceedings, with modifications and lead solder and zinc from waste appropriate in the context of the 2 Bureau of Labor Statistics (BLS) publishes the solder flux generated by the metal can Robocall Mitigation Database. It does so final figure in mid-May of each year. This figure is manufacturing industry during IWP’s pursuant to direction from the Federal publicly available from the Division of Industrial operations at the Site in 1967–1981. The Communications Commission Prices and Price Indexes of the BLS, at 202–691– (Commission) to establish a publicly 7705, and in print in August in Table 1 of the settlement includes a covenant not to annual data supplement to the BLS publication sue pursuant to Sections 106 or 107(a) accessible database in which robocall Producer Price Indexes via the internet at http:// of CERCLA. For thirty (30) days mitigation certifications can be listed, www.bls.gov/ppi/home.htm. To obtain the BLS following the date of publication of this and to issue a protective order regarding data, scroll down to ‘‘PPI Databases’’ and click on the treatment of any confidential and ‘‘Top Picks’’ of the Commodity Data including Notice in the Federal Register, the ‘‘headline’’ FD–ID indexes (Producer Price Index— Agency will receive written comments highly confidential information PPI). At the next screen, under the heading ‘‘PPI relating to the settlement. The Agency included in said certifications. Commodity Data,’’ select the box, ‘‘Finished DATES: Comments are due on or before goods—WPUFD49207,’’ then scroll to the bottom of will consider all comments received and this screen and click on Retrieve data. may modify or withdraw its consent to June 3, 2021; reply Comments are due 3 [202.9–205.7]/205.7= (¥0.013612) + 0.0078= the settlement if comments received on or before June 8, 2021. (¥0.005812) disclose facts or considerations that ADDRESSES: Comments and reply 4 1¥0.005812 = 0.994188. indicate the proposed settlement is comments may be filed using the 5 For a listing of all prior multipliers issued by the Commission, see the Commission’s website, https:// inappropriate, improper, or inadequate. Commission’s Electronic Comment www.ferc.gov/industries-data/oil/general- The Agency’s response to any comments Filing System (ECFS). See Electronic information/oil-pipeline-index. received will be available for public Filing of Documents in Rulemaking
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27849
Proceedings, 63 FR 24121 (1998). robocalls, the Federal Communications Commission in their certifications be Interested parties may file comments or Commission (Commission) adopted a withheld from public inspection.’’ We reply comments, identified by WC Second Report and Order which, among further explained that, to submit a Docket No. 17–97 by any of the other things, required all voice service confidential filing, a voice service following methods: providers to file certifications with the provider ‘‘must first submit a • Electronic Filers: Comments may be Commission regarding their efforts to confidentiality request in WC Docket No filed electronically using the internet by stem the origination of illegal robocalls 17–97 through the Commission’s accessing ECFS: https://www.fcc.gov/ on their networks. The Commission Electronic Comment Filing System ecfs/. further directed the Wireline (ECFS)’’ and ‘‘will then be able to • Paper Filers: Parties who choose to Competition Bureau (Bureau) to submit redacted (i.e., public) and file by paper must file an original and establish a publicly accessible database unredacted (i.e., non-public) copies of one copy of each filing. in which such certifications would be its robocall mitigation program • Filings can be sent by commercial listed, and to issue a protective order description via the Commission’s overnight courier, or by first-class or regarding the treatment of any portal.’’ Having considered the issue overnight U.S. Postal Service mail. All confidential and highly confidential further, we propose formalizing this filings must be addressed to the information included in said approach in the Protective Order. Rather Commission’s Secretary, Office of the certifications. Consistent with this than ask for redacted copies of Secretary, Federal Communications direction, the Bureau now provides confidential and highly confidential Commission. information and seeks comment on documents to be filed through the • Commercial overnight mail (other adopting a Protective Order similar to Commission’s Electronic Comment than U.S. Postal Service Express Mail that used by the Bureau in other Filing System (ECFS), our proposed and Priority Mail) must be sent to 9050 proceedings, with modifications Protective Order would direct voice Junction Drive, Annapolis Junction, MD appropriate in the context of the service providers to file a request for 20701. Robocall Mitigation Database. confidentiality in ECFS and then submit • U.S. Postal Service first-class, The Commission’s rules require voice any redacted copies of documents Express, and Priority mail must be service providers to certify that their directly through the portal addressed to 45 L Street NE, traffic is either signed with STIR/ accompanying the database. This Washington, DC 20554. SHAKEN caller ID authentication proposed Protective Order would also • Effective March 19, 2020, and until technology or subject to a robocall direct providers to file unredacted further notice, the Commission no mitigation program. Voice service copies of confidential and highly longer accepts any hand or messenger providers that certify that some or all of confidential documents through the delivered filings. This is a temporary their traffic is subject to a robocall database’s portal, which differs from the measure taken to help protect the health mitigation program are also required to typical Protective Order process of and safety of individuals, and to detail in their certifications the submitting these documents to the mitigate the transmission of COVID–19. reasonable steps they have taken to Secretary’s Office and designated See FCC Announces Closure of FCC avoid originating illegal robocall traffic. Bureau staff. We seek comment on these Headquarters Open Window and In establishing this public database, the proposals and whether we should Change in Hand-Delivery Policy, Public Commission stated its goals were to modify the process described in the Notice, 35 FCC Rcd 2788 (Mar. 19, promote transparency and to allow and earlier Public Notice. 2020), https://www.fcc.gov/document/ encourage industry to self-police by making robocall mitigation plans visible Access to Information. We seek fcc-closes-headquarters-open-window- comment on which parties should and and-changes-hand-delivery-policy. to other voice service providers and the public at large. A party could, for should not ultimately be granted access FOR FURTHER INFORMATION CONTACT: For example, review a robocall mitigation to the confidential and highly further information, please contact plan to determine whether it wishes to confidential information included by Michael Nemcik, Competition Policy do business with the voice service voice service providers in their Division, Wireline Competition Bureau, provider or to report insufficient certifications. We propose only allowing at [email protected] or at (202) robocall mitigation efforts to the access to limited categories of entities 418–2343. Commission. At the same time, and individuals and only after such SUPPLEMENTARY INFORMATION: This is a recognizing the potential sensitivity of entities or individuals complete an summary of the Bureau’s Public Notice this information, the Commission appropriate process. We propose that seeking comment on a Protective Order directed the Bureau to adopt a entities or individuals that may seek to for the Robocall Mitigation Database Protective Order governing submission obtain access include: Federal, state, collection in WC Docket No. 17–97, DA of and access to confidential and highly local, and Tribal governmental entities 21–546, released on May 10, 2021. The confidential information included with involved in robocall enforcement; the full document is available for public the certifications. We seek comment registered industry traceback inspection at the following internet below on the procedures for submitting consortium; the STIR/SHAKEN address: https://docs.fcc.gov/public/ and accessing confidential and highly Governance Authority; and intermediate attachments/DA-21-546A1.pdf. To confidential information submitted in providers and voice service providers request materials in accessible formats conjunction with this proceeding. who accept call traffic directly from a for people with disabilities (braille, Submission of Information. We voice service provider listed in the large print, electronic files, audio propose to adopt in the Protective Order database and request to review what format, etc.) send an email to fcc504@ a process for submitting confidential actions that provider is taking to combat fcc.gov or call the Consumer & information described in the Public the origination of illegal robocalls. For Governmental Affairs Bureau at (202) Notice announcing the Robocall this final group, we propose limiting 418–0530 (voice) or (202) 418–0432 Mitigation Database. In that Public access to the requesting party’s outside (TTY). Notice, we explained that filers are counsel and consultants, as well as the Introduction. On September 29, 2020, ‘‘able to request that any materials or employees and support personnel of in its continuing effort to combat illegal information submitted to the these outside firms. We propose limiting
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27850 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
access to these groups to balance the summarize all data presented and further reduce the information Commission’s goals of promoting arguments made during the collection burden for small business transparency in robocall mitigation presentation. If the presentation concerns with fewer than 25 employees. efforts and protecting providers’ consisted in whole or in part of the DATES: Written comments and sensitive information from competitors presentation of data or arguments recommendations for the proposed and bad actors attempting to circumvent already reflected in the presenters information collection should be these mitigation efforts. We seek written comments, memoranda, or other submitted on or before June 23, 2021. comment on this proposed scope of filings in the proceeding, the presenter ADDRESSES: Comments should be sent to eligible reviewing parties, and whether may provide citations to such data or www.reginfo.gov/public/do/PRAMain. a broader or narrower group would arguments in his or her prior comments, Find this particular information better balance the goals of promoting memoranda, or other filings (specifying collection by selecting ‘‘Currently under transparency and protecting sensitive the relevant page and/or paragraph 30-day Review—Open for Public information. We also propose adopting numbers where such data or arguments Comments’’ or by using the search the standard process for obtaining can be found) in lieu of summarizing function. Your comment must be access to confidential and highly them in the memorandum. Documents submitted into www.reginfo.gov per the confidential information used by the shown or given to Commission staff above instructions for it to be Bureau in other proceedings. This during ex parte meetings are deemed to considered. In addition to submitting in process would require any person other be written ex parte presentations and www.reginfo.gov also send a copy of than support personnel seeking access must be filed consistent with section your comment on the proposed to confidential or highly confidential 1.1206(b) of the Commission’s rules. In information collection to Cathy information pursuant to the Protective proceedings governed by section 1.49(f) Williams, FCC, via email to PRA@ Order to sign and date an of the rules or for which the fcc.gov and to [email protected]. Acknowledgement of Confidentiality Commission has made available a Include in the comments the OMB agreeing to be bound by the terms and method of electronic filing, written ex control number as shown in the conditions of the Protective Order, and parte presentations and memoranda SUPPLEMENTARY INFORMATION below. to file the Acknowledgment with the summarizing oral ex parte FOR FURTHER INFORMATION CONTACT: For Commission and deliver a copy to the presentations, and all attachments additional information or copies of the filing provider. thereto, must be filed through the information collection, contact Cathy Other Protective Order Provisions. electronic comment filing system Williams at (202) 418–2918. To view a Beyond the changes proposed above, we available for that proceeding, and must copy of this information collection propose adopting the standard be filed in their native format (e.g., .doc, request (ICR) submitted to OMB: (1) Go provisions found in other Commission .xml., .ppt, searchable .pdf). Participants to the web page http://www.reginfo.gov/ Protective Orders. For example, we in this proceeding should familiarize propose adopting standard provisions public/do/PRAMain, (2) look for the themselves with the Commission’s ex section of the web page called governing the designation of parte rules. information as confidential or highly ‘‘Currently Under Review,’’ (3) click on confidential, challenges to designations, Federal Communications Commission. the downward-pointing arrow in the the procedure for objecting to the Pamela Arluk, ‘‘Select Agency’’ box below the disclosure of confidential or highly Chief, Competition Policy Division, Wireline ‘‘Currently Under Review’’ heading, (4) confidential information, and the review Competition Bureau. select ‘‘Federal Communications of confidential and highly confidential [FR Doc. 2021–10879 Filed 5–21–21; 8:45 am] Commission’’ from the list of agencies presented in the ‘‘Select Agency’’ box, documents. Additionally, we propose BILLING CODE 6712–01–P adopting similar appendices, including (5) click the ‘‘Submit’’ button to the one which contains an right of the ‘‘Select Agency’’ box, (6) Acknowledgement of Confidentiality, FEDERAL COMMUNICATIONS when the list of FCC ICRs currently and another which details what COMMISSION under review appears, look for the Title of this ICR and then click on the ICR information and documents can be [OMB 3060–0931; FRS 28019] designated as highly confidential. We Reference Number. A copy of the FCC submission to OMB will be displayed. seek comment on whether and how we Information Collection Being should modify these provisions or Submitted for Review and Approval to SUPPLEMENTARY INFORMATION: The appendices in the context of the Office of Management and Budget Commission may not conduct or Robocall Mitigation Database. sponsor a collection of information Ex Parte Rules. This proceeding shall AGENCY: Federal Communications unless it displays a currently valid be treated as a ‘‘permit-but-disclose’’ Commission. Office of Management and Budget proceeding in accordance with the ACTION: Notice and request for (OMB) control number. No person shall Commission’s ex parte rules. Persons comments. be subject to any penalty for failing to making ex parte presentations must file comply with a collection of information a copy of any written presentation or a SUMMARY: As part of its continuing effort subject to the PRA that does not display memorandum summarizing any oral to reduce paperwork burdens, as a valid OMB control number. presentation within two business days required by the Paperwork Reduction As part of its continuing effort to after the presentation (unless a different Act (PRA) of 1995, the Federal reduce paperwork burdens, as required deadline applicable to the Sunshine Communications Commission (FCC or by the Paperwork Reduction Act (PRA) period applies). Persons making oral ex the Commission) invites the general of 1995 (44 U.S.C. 3501–3520), the FCC parte presentations are reminded that public and other Federal Agencies to invited the general public and other memoranda summarizing the take this opportunity to comment on the Federal Agencies to take this presentation must: (1) List all persons following information collection. opportunity to comment on the attending or otherwise participating in Pursuant to the Small Business following information collection. the meeting at which the ex parte Paperwork Relief Act of 2002, the FCC Comments are requested concerning: (a) presentation was made; and (2) seeks specific comment on how it can Whether the proposed collection of
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27851
information is necessary for the proper for public inspection. Any personally extension or reinstatement of an existing performance of the functions of the identifiable information (PII) that collection of information, and to allow Commission, including whether the individual applicants provide is covered a second opportunity for public information shall have practical utility; *14752 by a system of records, FCC/ comment on the notice. Interested (b) the accuracy of the Commission’s WTB–1, ‘‘Wireless Services Licensing persons are invited to send comments burden estimates; (c) ways to enhance Records’’, and these and all other regarding the burden estimate or any the quality, utility, and clarity of the records may be disclosed pursuant to other aspect of this collection of information collected; and (d) ways to the Routine Uses as stated in the SORN. information, including the necessity and minimize the burden of the collection of Needs and Uses: The information utility of the proposed information information on the respondents, collected is necessary to require owners collection for the proper performance of including the use of automated of marine VHF radios with Digital the agency’s functions, the accuracy of collection techniques or other forms of Selective Calling (DSC) capability to the estimated burden, ways to enhance information technology. Pursuant to the register information such as the name, the quality, utility, and clarity of the Small Business Paperwork Relief Act of address, type of vessel with a private information to be collected, and the use 2002, Public Law 107–198, see 44 U.S.C. entity issuing marine mobile service of automated collection techniques or 3506(c)(4), the FCC seeks specific identities (MMSI). The information other forms of information technology to comment on how it might ‘‘further would be used by search and rescue minimize the information collection reduce the information collection personnel to identify vessels in distress burden. burden for small business concerns with and to select the proper rescue units and DATES: Comments on the collection(s) of fewer than 25 employees.’’ search methods. information must be received by the OMB Control Number: 3060–0931. The requirement to collect this OMB desk officer by June 23, 2021. Title: Section 80.103, Digital Selective information is contained in ADDRESSES: Written comments and Calling (DSC) Operating Procedures— international agreements with the U.S. recommendations for the proposed Maritime Mobile Identity (MMSI). Coast Guard and private sector entities information collection should be sent Form Number: N/A. that issue MMSI’s. within 30 days of publication of this Type of Review: Extension of a The information is used by private notice to www.reginfo.gov/public/do/ currently approved collection. entities to maintain a database used to PRAMain. Find this particular Respondents: Individuals or provide information about the vessel information collection by selecting households; business or other for-profit owner in distress using marine VHF ‘‘Currently under 30-day Review—Open entities and Federal Government. radios with DSC capability. If the data Number of Respondents and for Public Comments’’ or by using the were not collected, the U.S. Coast Guard search function. Responses: 40,000 respondents; 40,000 would not have access to this To obtain copies of a supporting responses. information which would increase the statement and any related forms for the Estimated Time per Response: .25 time and effort needed to complete a proposed collection(s) summarized in hours. search and rescue operation. Frequency of Response: On occasion this notice, you may make your request using one of following: reporting requirement and third-party Federal Communications Commission. 1. Access CMS’ website address at: disclosure requirement. Marlene Dortch, https://www.cms.gov/Regulations-and- Obligation to Respond: Required to Secretary, Office of the Secretary. Guidance/Legislation/Paperwork obtain or retain benefits. Statutory [FR Doc. 2021–10806 Filed 5–21–21; 8:45 am] ReductionActof1995/PRA-Listing.html. authority for this information collection BILLING CODE 6712–01–P is in 47 U.S.C. 154, 303, 307(e), 309 and FOR FURTHER INFORMATION CONTACT: 332 of the Communications Act of 1934, William Parham at (410) 786–4669. SUPPLEMENTARY INFORMATION: Under the as amended. The reporting requirement DEPARTMENT OF HEALTH AND Paperwork Reduction Act of 1995 (PRA) is contained in international agreements HUMAN SERVICES and ITU–R M.541.9. (44 U.S.C. 3501–3520), federal agencies Total Annual Burden: 10,000 hours. Centers for Medicare & Medicaid must obtain approval from the Office of Total Annual Cost: No cost. Services Management and Budget (OMB) for each Privacy Impact Assessment: Yes. The collection of information they conduct FCC maintains a system of records [Document Identifier: CMS–1696] or sponsor. The term ‘‘collection of information’’ is defined in 44 U.S.C. notice (SORN), FCC/WTB–1, ‘‘Wireless Agency Information Collection 3502(3) and 5 CFR 1320.3(c) and Services Licensing Records’’ that covers Activities: Submission for OMB includes agency requests or the collection, purpose(s), storage, Review; Comment Request safeguards, and disposal of the PII that requirements that members of the public marine VHF radio licensees maintain AGENCY: Centers for Medicare & submit reports, keep records, or provide under 47 CFR 80.103. Medicaid Services, Health and Human information to a third party. Section Nature and Extent of Confidentiality: Services (HHS). 3506(c)(2)(A) of the PRA (44 U.S.C. There is a need for confidentiality with ACTION: Notice. 3506(c)(2)(A)) requires federal agencies respect to all owners of Marine VHF to publish a 30-day notice in the radios with Digital Selective Calling SUMMARY: The Centers for Medicare & Federal Register concerning each (DSC) capability in this collection. The Medicaid Services (CMS) is announcing proposed collection of information, licensee records will be publicly an opportunity for the public to including each proposed extension or available and routinely used in comment on CMS’ intention to collect reinstatement of an existing collection accordance with subsection (b) of the information from the public. Under the of information, before submitting the Privacy Act of 1974. FRN numbers and Paperwork Reduction Act of 1995 collection to OMB for approval. To material which is afforded confidential (PRA), federal agencies are required to comply with this requirement, CMS is treatment pursuant to a request made publish notice in the Federal Register publishing this notice that summarizes under 47 CFR 0.459 of the concerning each proposed collection of the following proposed collection(s) of Commission’s rules will not be available information, including each proposed information for public comment:
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27852 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
1. Type of Information Collection 20–016: Harnessing Data Science for Health Agenda: To review and evaluate grant Request: Revision of a currently Discovery and Innovation in Africa Research applications. approved collection; Title of Training Program. Place: National Institutes of Health, Information Collection: Appointment of Date: June 22, 2021. Rockledge II, 6701 Rockledge Drive, Time: 9:00 a.m. to 7:00 p.m. Representative; Use: This form would be Bethesda, MD 20892 (Virtual Meeting). Agenda: To review and evaluate grant Contact Person: Joanne T. Fujii, Ph.D., completed by beneficiaries, providers applications. Scientific Review Officer, Center for and suppliers (typically their billing Place: National Institutes of Health, Scientific Review, National Institutes of clerk, or billing company), and any Rockledge II, 6701 Rockledge Drive, Health, 6701 Rockledge Drive, Room 4184, party who wish to appoint a Bethesda, MD 20892 (Virtual Meeting). MSC 7850, Bethesda, MD 20892, (301) 435– representative to assist them with their Contact Person: Karen Nieves Lugo, Ph.D., 1178, [email protected]. Scientific Review Officer, Center for initial Medicare claims determinations, (Catalogue of Federal Domestic Assistance Scientific Review, National Institutes of and filing appeals on Medicare claims. Program Nos. 93.306, Comparative Medicine; Health, 6701 Rockledge Drive, Rm. 3148, The authority for collecting this 93.333, Clinical Research, 93.306, 93.333, MSC 7770, Bethesda, MD 20892, (301) 594– 93.337, 93.393–93.396, 93.837–93.844, information is under 42 CFR 405.910(a) 9088, [email protected]. of the Medicare claims appeal 93.846–93.878, 93.892, 93.893, National Name of Committee: Genes, Genomes, and Institutes of Health, HHS) procedures. Genetics Integrated Review Group Genomics, The information supplied on the form Computational Biology and Technology Dated: May 19, 2021. is reviewed by Medicare claims and Study Section. David W. Freeman, appeals adjudicators. The adjudicators Date: June 23–24, 2021. Program Analyst, Office of Federal Advisory make determinations whether the form Time: 9:00 a.m. to 8:00 p.m. Committee Policy. Agenda: To review and evaluate grant was completed accurately, and if the [FR Doc. 2021–10893 Filed 5–21–21; 8:45 am] form is correct and accepted, the form applications. BILLING CODE 4140–01–P is appended to the claim or appeal that Place: National Institutes of Health, it pertains to. Form Number: CMS–1696 Rockledge II, 6701 Rockledge Drive, (OMB control number: 0938–0950); Bethesda, MD 20892 (Virtual Meeting). Contact Person: Methode Bacanamwo, DEPARTMENT OF HEALTH AND Frequency: Annually; Affected Public: Ph.D., Scientific Review Officer, Center for HUMAN SERVICES Private Sector, Business or other for- Scientific Review, National Institutes of profits; Number of Respondents: Health, 6701 Rockledge Drive, Room 2200, National Institutes of Health 270,544; Total Annual Responses: Bethesda, MD 20892, 301–827–7088, 270,544; Total Annual Hours: 67,637. [email protected]. Prospective Grant of an Exclusive (For policy questions regarding this Name of Committee: Cardiovascular and Patent License: Methods and collection contact Katherine E. Hosna at Respiratory Sciences Integrated Review Compositions for Adoptive Cell 410–786–4993.) Group; Integrative Myocardial Physiology/ Therapy Pathophysiology A Study Section. Dated: May 19, 2021. Date: June 23–24, 2021. AGENCY: National Institutes of Health, William N. Parham, III, Time: 9:00 a.m. to 6:30 p.m. HHS. Director, Paperwork Reduction Staff, Office Agenda: To review and evaluate grant of Strategic Operations and Regulatory applications. ACTION: Notice. Affairs. Place: National Institutes of Health, [FR Doc. 2021–10911 Filed 5–21–21; 8:45 am] Rockledge II, 6701 Rockledge Drive, SUMMARY: The National Cancer Institute, Bethesda, MD 20892 (Virtual Meeting). BILLING CODE 4120–01–P an institute of the National Institutes of Contact Person: Abdelouahab Aitouche, Health, Department of Health and Ph.D., Scientific Review Officer, Center for Human Services, is contemplating the DEPARTMENT OF HEALTH AND Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4222, grant of an Exclusive Patent License to HUMAN SERVICES MSC 7814, Bethesda, MD 20892, 301–435– practice the inventions embodied in the 2365, [email protected]. Patents and Patent Applications listed National Institutes of Health Name of Committee: Center for Scientific in the Supplementary Information Center for Scientific Review; Notice of Review Special Emphasis Panel; RFA–RM– section of this Notice to Lyell Closed Meetings 20–015: Harnessing Data Science for Health Immunopharma, Inc. (‘‘Lyell’’), located Discovery and Innovation in Africa— in South San Francisco, CA. Pursuant to section 10(d) of the Research Hubs. Federal Advisory Committee Act, as Date: June 23–25, 2021. DATES: Only written comments and/or amended, notice is hereby given of the Time: 9:30 a.m. to 7:30 p.m. applications for a license which are following meetings. Agenda: To review and evaluate grant received by the National Cancer The meetings will be closed to the applications. Institute’s Technology Transfer Center Place: National Institutes of Health, public in accordance with the on or before June 8, 2021 will be Rockledge II, 6701 Rockledge Drive, considered. provisions set forth in sections Bethesda, MD 20892 (Virtual Meeting). 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Contact Person: Seetha Bhagavan, Ph.D., ADDRESSES: Requests for copies of the as amended. The grant applications and Scientific Review Officer, Center for patent applications, inquiries, and the discussions could disclose Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5194, comments relating to the contemplated confidential trade secrets or commercial Exclusive Patent License should be property such as patentable material, MSC 7846, Bethesda, MD 20892, (301) 237– 9838, [email protected]. directed to: Andrew Burke, Ph.D., and personal information concerning Senior Technology Transfer Manager, individuals associated with the grant Name of Committee: Molecular, Cellular and Developmental Neuroscience Integrated NCI Technology Transfer Center, applications, the disclosure of which Telephone: (240) 276–5484; Facsimile: would constitute a clearly unwarranted Review Group; Neurodifferentiation, Plasticity, Regeneration and Rhythmicity (240) 276–5504; Email: andy.burke@ invasion of personal privacy. Study Section. nih.gov. Name of Committee: Center for Scientific Date: June 23–24, 2021. Review Special Emphasis Panel; RFA–RM– Time: 11:00 a.m. to 9:00 p.m. SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27853
Intellectual Property DEPARTMENT OF HEALTH AND including E484K, N439K, Y453F, L452R HUMAN SERVICES and K417N. Several antibodies are able E–109–2020: High-Throughput to simultaneously bind to the spike Generation of iPSC Carrying Antigen National Institutes of Health protein and are compatible for use in Specific TCRs From Tumor Infiltrating combination therapies. In in vitro Government-Owned Inventions; Lymphocytes assays, these combinations were shown Availability for Licensing 1. US Provisional Patent Application to decrease the appearance of escape 63/068,458 filed August 21, 2020 (E– AGENCY: National Institutes of Health, mutants suggesting the potential to 109–2020–0–US–01). HHS. mitigate resistance development when ACTION: used as combination therapy. The patent rights in these inventions Notice. This technology is available for have been assigned and/or exclusively SUMMARY: The invention listed below is licensing for commercial development licensed to the government of the owned by an agency of the U.S. United States of America. Government and is available for in accordance with 35 U.S.C. 209 and 37 CFR part 404. The prospective exclusive license licensing to achieve expeditious territory may be worldwide, and the commercialization of results of Potential Commercial Applications federally-funded research and fields of use may be limited to the • following: development. Foreign patent Treatment of SARS–CoV–2 infection applications are filed on selected Competitive Advantages ‘‘Manufacture and commercialization inventions to extend market coverage of adoptive T cell therapy products for companies and may also be available • Ultra-potent neutralization of generated from autologously-derived, for licensing. currently identified SARS–CoV–2 induced pluripotent stem cells for the FOR FURTHER INFORMATION CONTACT: variants treatment of cancer in humans.’’ Amy F. Petrik, Ph.D., 240–627–3721; • Combinations show the potential to E–109–2020 generally discloses [email protected]. Licensing mitigate resistance methods of producing induced information and copies of the U.S. • pluripotent stem cells from isolated patent application listed below may be Mechanism of Action—These tumor infiltrating lymphocytes which obtained by communicating with the antibodies bind to block ACE2 express antigen-specific T cell receptors. indicated licensing contact at the receptor binding to the SARS–CoV–2 spike protein This Notice is made in accordance Technology Transfer and Intellectual Property Office, National Institute of with 35 U.S.C. 209 and 37 CFR part 404. Development Stage: Preclinical Allergy and Infectious Diseases, 5601 The prospective exclusive license will Research. Fishers Lane, Rockville, MD, 20852; tel. Inventors: John Misasi (VRC, NIAID), be royalty bearing, and the prospective 301–496–2644. A signed Confidential exclusive license may be granted unless Disclosure Agreement will be required Lingshu Wang (VRC, NIAID), John within fifteen (15) days from the date of to receive copies of unpublished patent Mascola (VRC, NIAID), Daniel Douek this published Notice, the National applications. (VRC, NIAID), Nancy Sullivan (VRC, NIAID), Amy Renseir Henry (VRC, Cancer Institute receives written SUPPLEMENTARY INFORMATION: NIAID), Tongqing Zhou (VRC, NIAID), evidence and argument which Technology description follows: establishes that the grant of the license Peter Kwong (VRC, NIAID), Wei Shi would not be consistent with the Antibodies With Potent and Broad (VRC, NIAID), Yi Zhang (VRC, NIAID), requirements of 35 U.S.C. 209 and 37 Neutralizing Activity Against Eu Sung Yang (VRC, NIAID), Mario CFR part 404. Antigenically Diverse and Highly Roederer (VRC, NIAID), Rosemarie Transmissible SARS–CoV–2 Variants In response to this Notice, the public Mason (VRC, NIAID), Amarendra Pegu may file comments or objections. Emergence of highly transmissible (VRC, NIAD). Comments and objections, other than SARS–CoV–2 variants of concern that Publications: Wang, L. et al., (2021). those in the form of a license are resistant to current therapeutic Antibodies with potent and broad application, will not be treated antibodies highlights the need for neutralizing activity against confidentially, and may be made continuing discovery of broadly reactive antigenically diverse and highly antibodies. publicly available. transmissible SARS–CoV–2 variants. Scientists at the Vaccine Research BioRxiv. License applications submitted in Center of the National Institute of response to this Notice will be Allergy and Infectious Diseases Intellectual Property: HHS Reference presumed to contain business discovered and characterized a group of Number E–037–2021 includes U.S. confidential information and any release human monoclonal antibodies that Provisional Patent Application Number of information from these license target unique epitopes on the receptor 63/147,419 filed February 9, 2021. applications will be made only as binding domain of SARS–CoV–2 spike Licensing Contact: To license this required and upon a request under the protein. These antibodies ultra-potently technology, please contact Amy F. Freedom of Information Act, 5 U.S.C. neutralize >12 variants of SARS–CoV–2, Petrik, Ph.D., 240–627–3721; 552. including P1, B.1.429, B.1.1.7 and [email protected]. B.1.351, as shown in a pseudovirus Dated: April 29, 2021. Dated: April 27, 2021. neutralization assay. These antibodies Richard U. Rodriguez, target 3 distinct epitopes in the receptor Surekha Vathyam, Associate Director, Technology Transfer binding domain of the spike protein and Deputy Director, Technology Transfer and Center, National Cancer Institute. function by blocking ACE2 binding. Intellectual Property Office, National Institute [FR Doc. 2021–10819 Filed 5–21–21; 8:45 am] These antibodies are not impacted by of Allergy and Infectious Diseases. BILLING CODE 4140–01–P spike mutations that knockout binding [FR Doc. 2021–10821 Filed 5–21–21; 8:45 am] to other therapeutic antibodies, BILLING CODE 4140–01–P
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27854 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
DEPARTMENT OF HEALTH AND Health, 5601 Fishers Lane, Room 3G13, and Transplantation Research; 93.856, HUMAN SERVICES Rockville, MD 20892 (Virtual Meeting). Microbiology and Infectious Diseases Contact Person: Brenda Lange-Gustafson, Research, National Institutes of Health, HHS) National Institutes of Health Ph.D., Scientific Review Officer, Scientific Dated: May 18, 2021. Review Program, Division of Extramural Tyeshia M. Roberson, Center for Scientific Review; Amended Activities, National Institute of Allergy and Program Analyst, Office of Federal Advisory Notice of Meeting Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3G13, Committee Policy. Notice is hereby given of a change in Rockville, MD 20852, 240–669–5047, [FR Doc. 2021–10871 Filed 5–21–21; 8:45 am] the meeting of the Musculoskeletal [email protected]. BILLING CODE 4140–01–P Rehabilitation Sciences Study Section, (Catalogue of Federal Domestic Assistance June 17, 2021, 10:00 a.m. to June 18, Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, 2021, 07:00 p.m., National Institutes of DEPARTMENT OF HEALTH AND Microbiology and Infectious Diseases HUMAN SERVICES Health, Rockledge II, 6701 Rockledge Research, National Institutes of Health, HHS) Drive, Bethesda, MD 20892 which was Dated: May 18, 2021. National Institutes of Health published in the Federal Register on Tyeshia M. Roberson, May 18, 2021, 86 FR 26928. Office of the Director, National Chi-Wing Chow, Ph.D., chi- Program Analyst, Office of Federal Advisory Institutes of Health; Notice of Meeting [email protected], will be the new Committee Policy. Contact person, replacing Maria [FR Doc. 2021–10869 Filed 5–21–21; 8:45 am] Pursuant to section 10(d) of the Nurminskaya as Scientific Review BILLING CODE 4140–01–P Federal Advisory Committee Act, as Officer. Meeting date and location amended, notice is hereby given of a remain the same. The meeting is closed meeting of the Advisory Committee to to the public. DEPARTMENT OF HEALTH AND the Director, National Institutes of HUMAN SERVICES Health. Dated: May 19, 2021. These meetings will be held as virtual David W. Freeman, National Institutes of Health meetings and are open to the public. Program Analyst, Office of Federal Advisory Individuals who plan to view the virtual Committee Policy. National Institute of Allergy and meeting and need special assistance or Infectious Diseases; Notice of Closed [FR Doc. 2021–10912 Filed 5–21–21; 8:45 am] other reasonable accommodations to Meeting BILLING CODE 4140–01–P view the meeting, should notify the Pursuant to section 10(d) of the Contact Person listed below in advance Federal Advisory Committee Act, as of the meeting. The meetings will be DEPARTMENT OF HEALTH AND amended, notice is hereby given of the videocast and can be accessed from the HUMAN SERVICES following meeting. NIH Videocasting and Podcasting The meeting will be closed to the website (http://videocast.nih.gov/). National Institutes of Health public in accordance with the Name of Committee: Advisory Committee National Institute of Allergy and provisions set forth in sections to the Director, National Institutes of Health. Infectious Diseases; Notice of Closed 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: June 10, 2021. Time: 12:00 p.m. to 5:30 p.m. Meeting as amended. The contract proposals and the discussions could disclose Agenda: NIH Director’s Report, Update on confidential trade secrets or commercial COVID–19 Science, ACD Working Group Pursuant to section 10(d) of the Updates, Other Business of the Committee. Federal Advisory Committee Act, as property such as patentable material, Place: National Institutes of Health, amended, notice is hereby given of the and personal information concerning Building 1, One Center Drive, Bethesda, MD following meeting. individuals associated with the contract 20892 (Virtual Meeting). The meeting will be closed to the proposals, the disclosure of which Name of Committee: Advisory Committee public in accordance with the would constitute a clearly unwarranted to the Director, National Institutes of Health. provisions set forth in sections invasion of personal privacy. Date: June 11, 2021. Time: 12:00 p.m. to 5:00 p.m. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: National Institute of as amended. The grant applications and Agenda: Update on COVID–19 Science, Allergy and Infectious Diseases Special ACD Working Group Updates, Other the discussions could disclose Emphasis Panel; Early Phase Clinical Trial Business of the Committee. confidential trade secrets or commercial Units (EPCTU): Task Area B/Sample Task Place: National Institutes of Health, property such as patentable material, Order B (N01). Building 1, One Center Drive, Bethesda, MD and personal information concerning Date: June 14, 2021. 20892 (Virtual Meeting). individuals associated with the grant Time: 9:00 a.m. to 1:00 p.m. Contact Person: Gretchen Wood, Staff Agenda: To review and evaluate contract applications, the disclosure of which Assistant, National Institutes of Health, proposals. Office of the Director, One Center Drive, would constitute a clearly unwarranted Place: National Institute of Allergy and invasion of personal privacy. Building 1, Room 126, Bethesda, MD 20892, Infectious Diseases, National Institutes of 301–496–4272, [email protected]. Health, 5601 Fishers Lane, Room 3G62, Name of Committee: National Institute of Any interested person may file written Rockville, MD 20892 (Virtual Meeting). Allergy and Infectious Diseases Special comments with the committee by forwarding Emphasis Panel; Understanding the Role of Contact Person: Eleazar Cohen, Ph.D., the statement to the Contact Person listed on the M. Tuberculosis Granuloma in Scientific Review Officer, Scientific Review this notice. The statement should include the Tuberculosis (TB) Disease and Treatment Program, Division of Extramural Activities, name, address, telephone number and when Outcomes (R01 Clinical Trial Not Allowed). National Institute of Allergy and Infectious applicable, the business or professional Date: June 23–24, 2021. Diseases, National Institutes of Health, 5601 affiliation of the interested person. Time: 10:00 a.m. to 2:00 p.m. Fishers Lane, Room 3G62, Rockville, MD Information is also available on the Agenda: To review and evaluate grant 20852, (240) 669–5081, ecohen@ Institute’s/Center’s home page: http:// applications. niaid.nih.gov. acd.od.nih.gov, where an agenda and any Place: National Institute of Allergy and (Catalogue of Federal Domestic Assistance additional information for the meeting will Infectious Diseases, National Institutes of Program Nos. 93.855, Allergy, Immunology, be posted when available.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27855
This notice is being published less than 15 Dated: May 18, 2021. is important. Ideally, a vaccine should days prior to the meeting due to scheduling Tyeshia M. Roberson, be effective as a single dose, should difficulties. Program Analyst, Office of Federal Advisory induce mucosal immunity with the (Catalogue of Federal Domestic Assistance Committee Policy. ability to restrict SARS–CoV–2 infection Program Nos. 93.14, Intramural Research [FR Doc. 2021–10870 Filed 5–21–21; 8:45 am] and respiratory shedding, and should Training Award; 93.22, Clinical Research easily coordinate with vaccines for other Loan Repayment Program for Individuals BILLING CODE 4140–01–P from Disadvantaged Backgrounds; 93.232, illnesses, such as HPIV3. Loan Repayment Program for Research The live-attenuated vaccine Generally; 93.39, Academic Research DEPARTMENT OF HEALTH AND candidates are based on a recombinant Enhancement Award; 93.936, NIH Acquired HUMAN SERVICES chimeric bovine/human parainfluenza Immunodeficiency Syndrome Research Loan virus 3 (rB/HPIV3) vector expressing Repayment Program; 93.187, Undergraduate National Institutes of Health prefusion-stabilized versions of the Scholarship Program for Individuals from Severe Acute Respiratory Syndrome Disadvantaged Backgrounds, National Government-Owned Inventions; Availability for Licensing Coronavirus 2 (SARS–CoV–2) Spike (S) Institutes of Health, HHS) protein. The B/HPIV3–SARS CoV–2 Dated: May 19, 2021. AGENCY: National Institutes of Health, vaccine candidates are designed to be David W. Freeman, HHS. administered intranasally by drops or Program Analyst, Office of Federal Advisory ACTION: Notice. spray to infants and young children. Committee Policy. The vaccines are expected to induce SUMMARY: [FR Doc. 2021–10907 Filed 5–21–21; 8:45 am] The invention listed below is durable and broad systemic and owned by an agency of the U.S. BILLING CODE 4140–01–P respiratory mucosal immunity against Government and is available for SARS–CoV–2 and HPIV3. licensing to achieve expeditious Immunogenicity and protective efficacy DEPARTMENT OF HEALTH AND commercialization of results of against SARS–CoV–2 challenge was HUMAN SERVICES federally-funded research and confirmed in experimental animals development. Foreign patent including non-human primates. Based National Institutes of Health applications are filed on selected on experience with this B/HPIV3 inventions to extend market coverage platform and other live-attenuated PIV National Center for Complementary & for companies and may also be available vaccine candidates in previous pediatric Integrative Health; Notice of Closed for licensing. clinical studies, the present candidates Meeting FOR FURTHER INFORMATION CONTACT: are anticipated to be well-tolerated in Peter Soukas, J.D., 301–496–2644; humans, including infants and young Pursuant to section 10(d) of the [email protected]. Licensing Federal Advisory Committee Act, as children, and are available for clinical information and copies of the patent evaluation. The National Institute of amended, notice is hereby given of the applications listed below may be following meeting. Allergy and Infectious Diseases has obtained by communicating with the extensive experience and capability in The meeting will be closed to the indicated licensing contact at the evaluating live-attenuated respiratory public in accordance with the Technology Transfer and Intellectual virus vaccine candidates in pediatric provisions set forth in sections Property Office, National Institute of clinical studies, including PIV vaccine 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Allergy and Infectious Diseases, 5601 candidates, and opportunity for as amended. The grant applications and Fishers Lane, Rockville, MD 20852; tel. collaboration exists. the discussions could disclose 301–496–2644. A signed Confidential This technology is available for confidential trade secrets or commercial Disclosure Agreement will be required nonexclusive licensing for commercial property such as patentable material, to receive copies of unpublished patent development in accordance with 35 and personal information concerning applications. U.S.C. 209 and 37 CFR part 404, as well individuals associated with the grant SUPPLEMENTARY INFORMATION: as for further development and applications, the disclosure of which Technology description follows. evaluation under a research would constitute a clearly unwarranted collaboration. invasion of personal privacy. Recombinant Chimeric Bovine/Human Parainfluenza Virus 3 Expressing Potential Commercial Applications Name of Committee: National Center for SARS–CoV–2 Spike Protein and Its Use Complementary and Integrative Health • Viral diagnostics Special Emphasis Panel; NCCIH Training and Description of Technology • Vaccine research Education Review Panel (CT). Date: June 17th–18th, 2021. Vaccines for SARS–CoV–2 are Competitive Advantages increasingly available under emergency Time: 10:00 a.m. to 4:30 p.m. • use authorizations; however, indications Ease of manufacture Agenda: To review and evaluate grant • applications. are currently limited to individuals B cell and T cell activation • Place: NIH/NCCIH Democracy II, 6707 twelve (12) years or older. They also Low-cost vaccines Democracy Blvd., Bethesda, MD 20817 involve intramuscular immunization, • Intranasal administration/needle-free (Virtual Meeting). which does not directly stimulate local delivery Contact Person: Patrick Colby Still, Ph.D., immunity in the respiratory tract, the Development Stage Scientific Review Officer, Office of Scientific primary site of SARS–CoV–2 infection, Review, Division of Extramural Activities, • In vivo data assessment (animal) NCCIH/NIH, 6707 Democracy Boulevard, shedding and spread. While the major Suite 401, Bethesda, MD 20892–5475, burden of COVID–19 disease is in Inventors: Ursula Buchholz (NIAID), [email protected]. adults, infection and disease also occur Shirin Munir (NIAD), Cyril Le Nouen (Catalogue of Federal Domestic Assistance in infants and young children, (NIAID), Xueqiao Liu (NIAID), Cindy Program Nos. 93.213, Research and Training contributing to viral transmission. Luongo (NIAID), Peter Collins (NIAID). in Complementary and Alternative Medicine, Therefore, the development of safe and Intellectual Property: HHS Reference National Institutes of Health, HHS) effective pediatric COVID–19 vaccines No. E–239–2020–0—U.S. Provisional
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27856 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
Application No. 63/180,534, filed April comments in writing, or request more development. To enhance their chances 27, 2021. information on the proposed project, of obtaining their ideal career, Licensing Contact: Peter Soukas, J.D., contact: Dr. Cesar E. Perez-Gonzalez, completing an annual Individual 301–496–2644; [email protected]. Training Director, Office of the Development Plan (IDP) is an important Collaborative Research Opportunity: Scientific Director, National Eye step in helping a trainee’s career and The National Institute of Allergy and Institute, NIH, Building 31, Room 6A22, professional development and is Infectious Diseases is seeking statements MSC 0250, Bethesda, Maryland 20892 standard practice in graduate and of capability or interest from parties or call non-toll-free number (301) 451– postdoctoral education. An IDP is an interested in collaborative research to 6763 or Email your request, including effective tool for trainees to think about further develop, evaluate or your address to: [email protected]. their career goals and skills needed to commercialize for development of a Formal requests for additional plans and achieve them during their time at the vaccine for respiratory or other instruments must be requested in NEI. Trainees work together with their infections. For collaboration writing. research mentor to organize and opportunities, please contact Peter SUPPLEMENTARY INFORMATION: Section summarize their research projects, Soukas, J.D., 301–496–2644; consider career goals, and set training [email protected]. 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 requires: Written goals and expectations, both for the Dated: May 10, 2021. comments and/or suggestions from the mentee and mentor. Surekha Vathyam, public and affected agencies are invited This information collection request is Deputy Director, Technology Transfer and to address one or more of the following to implement an electronic Individual Intellectual Property Office, National Institute points: (1) Whether the proposed Development Plan (eIDP). The data of Allergy and Infectious Diseases. collection of information is necessary collected comes from a detailed [FR Doc. 2021–10818 Filed 5–21–21; 8:45 am] for the proper performance of the questionnaire focused on responses to BILLING CODE 4140–01–P function of the agency, including professional goals and expectations whether the information will have while the they are at the NEI. It is practical utility; (2) The accuracy of the expected that the trainees will complete DEPARTMENT OF HEALTH AND agency’s estimate of the burden of the HUMAN SERVICES the eIDP annually and by doing so, it proposed collection of information, will help enhance the effectiveness of National Institutes of Health including the validity of the their training by setting clear goals that methodology and assumptions used; (3) can be monitored not only by the trainee Proposed Collection; 60-Day Comment Ways to enhance the quality, utility, and themselves but also by their mentor, the Request: Electronic Individual clarity of the information to be Training Director, and their Development Plan (eIDP) (National Eye collected; and (4) Ways to minimizes the Administrative Officer. In addition to Institute) burden of the collection of information this eIDP, the system will also on those who are to respond, including implement an electronic exit survey. AGENCY: National Institutes of Health, the use of appropriate automated, HHS. The data collected comes from a electronic, mechanical, or other detailed questionnaire focused on ACTION: Notice. technological collection techniques or responses to questions focused on SUMMARY: In compliance with the other forms of information technology. trainee mentoring and professional Proposed Collection Title: Electronic requirement of the Paperwork experiences at the NEI as well as their Individual Development Plans, 0925– Reduction Act of 1995 to provide plans after they depart. It is expected NEW, expiration date XX/XX/XXXX, opportunity for public comment on that the trainees will complete at the National Eye Institute (NEI), National proposed data collection projects, the end of their tenure and that by doing so, Institutes of Health (NIH). National Eye Institute of the National Need and Use of Information the NEI Training Program can learn Institutes of Health will publish Collection: The National Eye Institute’s about ways to improve career periodic summaries of propose projects (NEI) Office of the Scientific Director development opportunities for future to be submitted to the Office of (OSD) goal is to train the next trainees as well as learn more about Management and Budget (OMB) for generation of vision researchers and trainee job choices to better advise review and approval. ophthalmologists. Trainees who fellows. Additionally, we can use the DATES: Comments regarding this participate in NEI research come with survey to help determine mentor information collection are best assured different levels of education (student, effectiveness and help identify problems of having their full effect if received postbaccalaureate, predoctoral in mentoring at the NEI. within 60 days of the date of this including graduate and medical OMB approval is requested for 3 publication. students, postdoctoral fellows) and for years. There are no costs to respondents FOR FURTHER INFORMATION CONTACT: To different amounts of time (6 months to other than their time. The total obtain a copy of the data collection 5 years). Training at the NEI focuses on estimated annualized burden hours are plans and instruments, submit scientific and professional skill 450.
ESTIMATED ANNUALIZED BURDEN HOURS
Number of Average time Type of respondent Number of responses per per response Total annual respondents respondent (in hours) burden hour
eIDP ...... Individuals ...... 150 1 2 300 Exit Survey Part 1 ...... Individuals ...... 150 1 30/60 75 Exit Survey Part 2 ...... Individuals ...... 150 1 30/60 75
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27857
ESTIMATED ANNUALIZED BURDEN HOURS—Continued
Number of Average time Type of respondent Number of responses per per response Total annual respondents respondent (in hours) burden hour
Total ...... 150 ...... 150 ...... 450
Dated: May 11, 2021. SUMMARY: In compliance with the respond to, an information collection Cesar E. Perez-Gonzalez, requirement of the Paperwork that has been extended, revised, or Training Director, National Eye Institute, Reduction Act of 1995, for opportunity implemented on or after October 1, National Institutes of Health. for public comment on proposed data 1995, unless it displays a currently valid [FR Doc. 2021–10820 Filed 5–21–21; 8:45 am] collection projects, the Clinical Center, OMB control number. BILLING CODE 4140–01–P the National Institutes of Health (NIH) In compliance with Section will publish periodic summaries of 3507(a)(1)(D) of the Paperwork proposed projects to be submitted to the Reduction Act of 1995, the National DEPARTMENT OF HEALTH AND Office of Management and Budget Institutes of Health (NIH) has submitted HUMAN SERVICES (OMB) for review and approval. to the Office of Management and Budget DATES: Comments regarding this (OMB) a request for review and National Institutes of Health information collection are best assured approval of the information collection of having their full effect if received listed below. National Heart, Lung, and Blood within 30 days of the date of this Proposed Collection: The Impact of Institute; Amended Notice of Meeting publication. Clinical Research Training and Medical Notice is hereby given of a change in ADDRESSES: Written comments and Education at the Clinical Center on the meeting of the National Heart, Lung, recommendations for the proposed Physician Careers in Academia and and Blood Advisory Council, June 08, information collection should be sent Clinical Research, 0925–0602. 2021, 10:00 a.m. to June 08, 2021, 05:00 within 30 days of publication of this Expiration Date: 11/30/2022, p.m., NIH, Rockledge 1, 6705 Rockledge notice to www.reginfo.gov/public/do/ REVISION, Clinical Center (CC), Dr, Bethesda, MD 20892 which was PRAMain. Find this particular National Institutes of Health (NIH). published n the Federal Register on information collection by selecting Need and Use of Information May 05, 2021, 294922. ‘‘Currently under 30-day Review—Open Collection: The information collected The notice is amended to change the for Public Comments’’ or by using the will allow continued assessment of the time of the meeting’s public portion to search function. value of the training provided by the 12:00 p.m. through 5:00 p.m. The FOR FURTHER INFORMATION CONTACT: To Office of Clinical Research Training and meeting is partially closed to the public. obtain a copy of the data collection Medical Education (OCRTME) at the plans and instruments, contact: Robert NIH Clinical Center and the extent to Dated: May 19, 2021. M. Lembo, MD, Office of Clinical which this training promotes (a) patient David W. Freeman, Research Training and Medical safety; (b) research productivity and Program Analyst, Office of Federal Advisory Education, NIH Clinical Center, independence; and (c) future career Committee Policy. National Institutes of Health, 10 Center development within clinical, [FR Doc. 2021–10894 Filed 5–21–21; 8:45 am] Drive, Room 1N252C, Bethesda, MD translational, and academic research BILLING CODE 4140–01–P 20892–1158, or call non-toll-free settings. The information received from number (301) 496–2636, or Email your respondents is presented to, evaluated request, including your address to: by, and incorporated into the ongoing DEPARTMENT OF HEALTH AND [email protected]. Formal requests operational improvement efforts of the HUMAN SERVICES for additional plans and instruments Director of the Office of Clinical must be requested in writing. Research Training and Education, and National Institutes of Health SUPPLEMENTARY INFORMATION: This the Chief Executive Officer of the NIH Proposed Collection; 30 Day Comment proposed information collection was Clinical Center. This information will Request; The Impact of Clinical previously published in the Federal enable the ongoing operational Research Training and Medical Register February 25, 2021 on pages improvement efforts of the OCRTME Education at the Clinical Center on 11550–11551 (86 FR 11550) and and its commitment to providing Physician Careers in Academia and allowed 60 days for public comment. No clinical research training and medical Clinical Research (Clinical Center) public comments were received. The education of the highest quality to each purpose of this notice is to allow an trainee. AGENCY: National Institutes of Health, additional 30 days for public comment. OMB approval is requested for 3 HHS. The Clinical Center, National Institutes years. There are no costs to respondents of Health, may not conduct or sponsor, other than their time. The total ACTION: Notice. and the respondent is not required to estimated annualized burden hours 478.
ESTIMATED ANNUALIZED BURDEN HOURS
Average Number of Number of burden per Total annual Form name Type of respondents respondents responses per response burden hours respondent (in hours) requested
CRTP/MRSP Alumni Survey ...... Post Doctoral Students 704 1 20/60 235
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27858 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
ESTIMATED ANNUALIZED BURDEN HOURS—Continued
Average Number of Number of burden per Total annual Form name Type of respondents respondents responses per response burden hours respondent (in hours) requested
Summer Internship Program Alumni Survey ...... Pre Doctoral Students .. 280 1 20/60 93 Graduate Medical Education Graduate Survey .... Physicians ...... 350 1 20/60 117 Clinical Electives Program 1 Year Alumni Sur- Physicians ...... 100 1 20/60 33 veys.
Total ...... 1,434 ...... 478
Dated: May 11, 2021. P2Y14 Receptor Antagonists; The patent rights in these inventions Frederick D. Vorck, Jr., Inventors: Kenneth Jacobson, Ph.D. have been assigned to the government of Project Clearance Liaison, NIH Clinical et al the United States of America. Center, National Institutes of Health. (i) U.S. Patent No. 10,683,277; HHS The prospective exclusive license’ [FR Doc. 2021–10815 Filed 5–21–21; 8:45 am] Ref. No.: territory may be worldwide and the BILLING CODE 4140–01–P E–213–2015–0–US–05; Issue Date: field of use may be limited to June 16, 2020 ‘‘Commercial development of P2Y14 (ii) EP Patent Application 16774825.0; receptor antagonists for the prevention DEPARTMENT OF HEALTH AND HHS Ref. No.: HUMAN SERVICES and treatment of conditions or diseases E–213–2015–0–EP–04; Filing Date: associated with inflammation in the April 19, 2018 National Institutes of Health kidney and lung in humans, as claimed (iii) Chinese Patent No. ZL in the Licensed Patent Rights’’. 201680064441.5; HHS Ref. No.: E– Prospective Grant of an Exclusive The inventions pertain to the Patent License: P2Y14 Receptor 213–2015–0–CN–03; Issue Date: composition and use of selective Antagonists To Treat Kidney and Lung March 19, 2021 antagonists for the P2Y14 receptor, a Inflammation 2. HHS Reference No. E–028–2018–1; Entitled: P2Y14 Receptor purinergic G protein-coupled receptor AGENCY: National Institutes of Health, Antagonists Containing a Biaryl that is activated by extracellular UDP- HHS. Core; Inventors: Kenneth Jacobson, glucose and related nucleotides. These ACTION: Notice. Ph.D. et al P2Y14R antagonists can be developed as potential drug for the treatment of SUMMARY: (i) Australian Patent Application National Institute of Diabetes inflammation and other disorders and Digestive and Kidney Diseases, an 2019218256; HHS Ref. No.: E–028– associated with P2Y14R regulated institute of the National Institutes of 2018–1–AU–02; Filing Date: July functions. Health, Department of Health and 28, 2020 Human Services, is contemplating the (ii) Canadian Patent Application This notice is made in accordance grant of an Exclusive Patent License to 3,090,788; HHS Ref. No.: E–028– with 35 U.S.C. 209 and 37 CFR part 404. practice the inventions embodied in the 2018–1–CA–03; Filing Date: August The prospective exclusive license will Patents and Patent Applications listed 7, 2020 be royalty bearing, and the prospective in the SUPPLEMENTARY INFORMATION (iii) Chinese Patent Application exclusive license may be granted unless section of this notice to Kantum Pharma 201980012696.0; HHS Ref. No.: E– within fifteen (15) days from the date of Inc. (Kantum), located in Boston, 028–2018–1–CN–04; Filing Date: this published notice, the National Massachussets. August 10, 2020 Institute of Diabetes and Digestive and DATES: Only written comments and/or (iv) EP Patent Application Kidney Diseases receives written applications for a license which are 19707559.1; HHS Ref. No.: E–028– evidence and argument that establishes received by the National Institute of 2018–1–EP–05; Filing Date: July 20, that the grant of the license would not Diabetes and Digestive and Kidney 2020 be consistent with the requirements of Diseases’ Technology Advancement (v) Japanese Patent Application 2020– 35 U.S.C. 209 and 37 CFR part 404. 542580; HHS Ref. No.: E–028– Office on or before June 8, 2021 will be In response to this Notice, the public considered. 2018–1–JP–06; Filing Date: August 6, 2020 may file comments or objections. ADDRESSES: Requests for copies of the Comments and objections, other than patent application, inquiries, and (vi) U.S. Patent Application 16/ 967,177; HHS Ref. No.: E–028– those in the form of a license comments relating to the contemplated application, will not be treated Exclusive Patent License should be 2018–1–US–07; Filing Date: August 4, 2020 confidentially, and may be made directed to: Betty B. Tong, Ph.D., Senior publicly available. License applications Licensing and Patenting Manager, 3. HHS Reference No. E–051–2021–0; submitted in response to this Notice NIDDK Technology Advancement Entitled: Heterocyclic P2Y14 will be presumed to contain business Office, Telephone: 301–451–7836; Receptor Antagonists; Inventors: Email: [email protected]. Kenneth Jacobson, Ph.D. et al confidential information and any release of information in these license SUPPLEMENTARY INFORMATION: (i) U.S. Provisional Patent Application No.: applications will be made only as Intellectual Property 62/643,015; HHS Ref. No.: E–051– required and upon a request under the 1. HHS Ref. No.: E–213–2015–0; 2021–0–US–01; Filing Date: January Freedom of Information Act, 5 U.S.C. Entitled: Triazole Derivatives as 18, 2021 552.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27859
Dated: May 5, 2021. FOR FURTHER INFORMATION CONTACT: A.L. alerts, you will be notified when Charles D. Niebylski, Craig, Office of Privacy Management, comments are posted. Director, Technology Advancement Office, telephone 202–475–3528, or fax 202– We accept anonymous comments. All National Institute of Diabetes and Digestive 372–8405, for questions on these comments to the Coast Guard will be and Kidney Diseases. documents. posted without change to https:// [FR Doc. 2021–10816 Filed 5–21–21; 8:45 am] www.regulations.gov and will include SUPPLEMENTARY INFORMATION: BILLING CODE 4140–01–P any personal information you have Public Participation and Request for provided. For more about privacy and Comments submissions to the Coast Guard in DEPARTMENT OF HOMELAND response to this document, see DHS’s SECURITY This notice relies on the authority of eRulemaking System of Records notice the Paperwork Reduction Act of 1995; (85 FR 14226, March 11, 2020). For Coast Guard 44 U.S.C. chapter 35, as amended. An more about privacy and submissions to ICR is an application to OIRA seeking [Docket No. USCG–2021–0182] OIRA in response to this document, see the approval, extension, or renewal of a the https://www.reginfo.gov, comment- Collection of Information Under Coast Guard collection of information submission web page. OIRA posts its Review by Office of Management and (Collection). The ICR contains decisions on ICRs online at https:// Budget; OMB Control Number 1625– information describing the Collection’s www.reginfo.gov/public/do/PRAMain 0093 purpose, the Collection’s likely burden after the comment period for each ICR. on the affected public, an explanation of An OMB Notice of Action on each ICR AGENCY: Coast Guard, DHS. the necessity of the Collection, and will become available via a hyperlink in ACTION: Thirty-day notice requesting other important information describing the OMB Control Number: 1625–0093. comments. the Collection. There is one ICR for each Collection. The Coast Guard invites Previous Request for Comments SUMMARY: In compliance with the comments on whether this ICR should Paperwork Reduction Act of 1995 the This request provides a 30-day be granted based on the Collection being U.S. Coast Guard is forwarding an comment period required by OIRA. The necessary for the proper performance of Information Collection Request (ICR), Coast Guard published the 60-day Departmental functions. In particular, abstracted below, to the Office of notice (86 FR 14333, March 15, 2021) the Coast Guard would appreciate Management and Budget (OMB), Office required by 44 U.S.C. 3506(c)(2). That comments addressing: (1) The practical of Information and Regulatory Affairs notice elicited no comments. (OIRA), requesting an extension of its utility of the Collection; (2) the accuracy Accordingly, no changes have been approval for the following collection of of the estimated burden of the made to the Collection. information: 1625–0093, Facilities Collection; (3) ways to enhance the Information Collection Request Transferring Oil or Hazardous Materials quality, utility, and clarity of in Bulk—Letter of Intent and Operations information subject to the Collection; Title: Facilities Transferring Oil or Manual; without change. Our ICR and (4) ways to minimize the burden of Hazardous Materials in Bulk—Letter of describes the information we seek to the Collection on respondents, Intent and Operations Manual. collect from the public. Review and including the use of automated collection techniques or other forms of OMB Control Number: 1625–0093. comments by OIRA ensure we only Summary: A Letter of Intent is a impose paperwork burdens information technology. These comments will help OIRA determine notice to the Coast Guard Captain of the commensurate with our performance of Port that an operator intends to operate duties. whether to approve the ICR referred to in this Notice. a facility that will transfer bulk oil or DATES: You may submit comments to hazardous materials to or from vessels. We encourage you to respond to this the Coast Guard and OIRA on or before An Operations Manual (OM) is also request by submitting comments and June 23, 2021. required for this type of facility. The related materials. Comments to Coast ADDRESSES: Comments to the Coast OM establishes procedures to follow Guard or OIRA must contain the OMB Guard should be submitted using the when conducting transfers and in the Control Number of the ICR. They must Federal eRulemaking Portal at https:// event of a spill. also contain the docket number of this www.regulations.gov. Search for docket Need: Under 33 U.S.C. 1321 and number [USCG–2021–0182]. Written request, [USCG–2021–0182], and must be received by June 23, 2021. Executive Order 12777 the Coast Guard comments and recommendations to is authorized to prescribe regulations to OIRA for the proposed information Submitting Comments prevent the discharge of oil and collection should be sent within 30 days hazardous substances from facilities and of publication of this notice to https:// We encourage you to submit to contain such discharges. The Letter of www.reginfo.gov/public/do/PRAMain. comments through the Federal Intent regulation is contained in 33 CFR Find this particular information eRulemaking Portal at https:// 154.110 and the OM regulations are collection by selecting ‘‘Currently under www.regulations.gov. If your material contained in 33 CFR part 154 subpart B. 30-day Review—Open for Public cannot be submitted using https:// Forms: None. Comments’’ or by using the search www.regulations.gov, contact the person function. in the FOR FURTHER INFORMATION Respondents: Operators of facilities A copy of the ICR is available through CONTACT section of this document for that transfer oil or hazardous materials the docket on the internet at https:// alternate instructions. Documents in bulk. www.regulations.gov. Additionally, mentioned in this notice, and all public Frequency: On occasion. copies are available from: Commandant comments, are in our online docket at Hour Burden Estimate: The estimated (CG–6P), Attn: Paperwork Reduction https://www.regulations.gov and can be burden has increased from 21,803 hours Act Manager, U.S. Coast Guard, 2703 viewed by following that website’s to 37,609 hours a year, due to an Martin Luther King Jr. Ave. SE, STOP instructions. Additionally, if you go to increase in the estimated annual 7710, Washington, DC 20593–7710. the online docket and sign up for email number of responses.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27860 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
Authority:The Paperwork Reduction Martin Luther King Jr. Ave. SE, STOP instructions. Additionally, if you go to Act of 1995; 44 U.S.C. chapter 35, as 7710, Washington, DC 20593–7710. the online docket and sign up for email amended. FOR FURTHER INFORMATION CONTACT: A.L. alerts, you will be notified when Dated: May 18, 2021. Craig, Office of Privacy Management, comments are posted. We accept anonymous comments. All Kathleen Claffie, telephone 202–475–3528, or fax 202– 372–8405, for questions on these comments to the Coast Guard will be Chief, Office of Privacy Management, U.S. posted without change to https:// Coast Guard. documents. www.regulations.gov and will include [FR Doc. 2021–10829 Filed 5–21–21; 8:45 am] SUPPLEMENTARY INFORMATION: any personal information you have BILLING CODE 9110–04–P Public Participation and Request for provided. For more about privacy and Comments submissions to the Coast Guard in response to this document, see DHS’s DEPARTMENT OF HOMELAND This notice relies on the authority of eRulemaking System of Records notice SECURITY the Paperwork Reduction Act of 1995; (85 FR 14226, March 11, 2020). For 44 U.S.C. chapter 35, as amended. An more about privacy and submissions to Coast Guard ICR is an application to OIRA seeking OIRA in response to this document, see the approval, extension, or renewal of a [Docket No. USCG–2021–0179] the https://www.reginfo.gov, comment- Coast Guard collection of information submission web page. OIRA posts its Collection of Information Under (Collection). The ICR contains decisions on ICRs online at https:// Review by Office of Management and information describing the Collection’s www.reginfo.gov/public/do/PRAMain Budget; OMB Control Number 1625– purpose, the Collection’s likely burden after the comment period for each ICR. 0128 on the affected public, an explanation of An OMB Notice of Action on each ICR the necessity of the Collection, and will become available via a hyperlink in AGENCY: Coast Guard, DHS. other important information describing the OMB Control Number: 1625–0128. ACTION: Thirty-day notice requesting the Collection. There is one ICR for each comments. Collection. Previous Request for Comments The Coast Guard invites comments on SUMMARY: In compliance with the This request provides a 30-day whether this ICR should be granted comment period required by OIRA. The Paperwork Reduction Act of 1995 the based on the Collection being necessary U.S. Coast Guard is forwarding an Coast Guard published the 60-day for the proper performance of notice (86 FR 14332, March 15, 2021) Information Collection Request (ICR), Departmental functions. In particular, abstracted below, to the Office of required by 44 U.S.C. 3506(c)(2). That the Coast Guard would appreciate notice elicited no comments. Management and Budget (OMB), Office comments addressing: (1) The practical of Information and Regulatory Affairs Accordingly, no changes have been utility of the Collection; (2) the accuracy made to the Collection. (OIRA), requesting an extension of its of the estimated burden of the approval for the following collection of Collection; (3) ways to enhance the Information Collection Request information: 1625–0128, Prospect quality, utility, and clarity of Questionnaire, Chat Now Questionnaire, Title: Prospect Questionnaire, Chat information subject to the Collection; Now Questionnaire, and the Officer and the Officer Program Application; and (4) ways to minimize the burden of without change. Our ICR describes the Program Application. the Collection on respondents, OMB Control Number: 1625–0128. information we seek to collect from the including the use of automated Summary: This collection contains public. Review and comments by OIRA collection techniques or other forms of the recruiting website gocoastguard.com ensure we only impose paperwork information technology. These Prospect Questionnaire (CGRC–1130), burdens commensurate with our comments will help OIRA determine Chat Now Questionnaire (CGRC–1132), performance of duties. whether to approve the ICR referred to and the Officer Program Application DATES: You may submit comments to in this Notice. (CGRC–1131) that are used to screen the Coast Guard and OIRA on or before We encourage you to respond to this active duty, reserve, enlisted, and officer June 23, 2021. request by submitting comments and applicants. ADDRESSES: Comments to the Coast related materials. Comments to Coast Need: The information is needed to Guard should be submitted using the Guard or OIRA must contain the OMB initiate the recruiting and Federal eRulemaking Portal at https:// Control Number of the ICR. They must commissioning of active duty, reserve, www.regulations.gov. Search for docket also contain the docket number of this enlisted, and officer members. 14 U.S.C. number [USCG–2021–0179]. Written request, [USCG–2021–0179], and must 2701 authorizes the United States Coast comments and recommendations to be received by June 23, 2021. Guard to recruit personnel for military OIRA for the proposed information service. The information requested on collection should be sent within 30 days Submitting Comments the gocoastguard.com website is of publication of this notice to https:// We encourage you to submit collected in accordance with Section www.reginfo.gov/public/do/PRAMain. comments through the Federal 503 of Title 10 U.S.C. and may be used Find this particular information eRulemaking Portal at https:// to identify and process individuals collection by selecting ‘‘Currently under www.regulations.gov. If your material interested in applying for enlistment or 30-day Review—Open for Public cannot be submitted using https:// commission into the United States Coast Comments’’ or by using the search www.regulations.gov, contact the person Guard or Coast Guard Reserve. function. in the FOR FURTHER INFORMATION Forms: Online Application plus hard A copy of the ICR is available through CONTACT section of this document for copy of the Prospect Questionnaire the docket on the internet at https:// alternate instructions. Documents (CGRC–1130), and/or the Officer www.regulations.gov. Additionally, mentioned in this notice, and all public Program Application (CGRC–1131) if a copies are available from: Commandant comments, are in our online docket at prospect does not use (CG–6P), Attn: Paperwork Reduction https://www.regulations.gov and can be gocoastguard.com, but contacts a Act Manager, U.S. Coast Guard, 2703 viewed by following that website’s recruiter directly.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27861
Respondents: Approximately 50,000 collection should be sent within 30 days Submitting Comments applicants apply annually to initiate the of publication of this notice to https:// We encourage you to submit screening process. www.reginfo.gov/public/do/PRAMain. comments through the Federal Frequency: Applicants may apply Find this particular information eRulemaking Portal at https:// more than once, by initially completing collection by selecting ‘‘Currently under www.regulations.gov. If your material the Chat Now Questionnaire (CGRC– 30-day Review—Open for Public cannot be submitted using https:// 1132) to answer questions on eligibility Comments’’ or by using the search www.regulations.gov, contact the person and may apply for both enlisted and function. in the FOR FURTHER INFORMATION officer programs through the Prospect CONTACT section of this document for Questionnaire (CGRC–1130) and/or A copy of the ICR is available through the docket on the internet at https:// alternate instructions. Documents Officer Program Application (CGRC– mentioned in this notice, and all public 1131). www.regulations.gov. Additionally, copies are available from: Commandant comments, are in our online docket at Hour Burden Estimate: The estimated https://www.regulations.gov and can be burden remains 97,686 hours a year. (CG–6P), Attn: Paperwork Reduction Act Manager, U.S. Coast Guard, 2703 viewed by following that website’s Authority: The Paperwork Reduction instructions. Additionally, if you go to Act of 1995; 44 U.S.C. chapter 35, as Martin Luther King Jr. Ave. SE, STOP 7710, Washington, DC 20593–7710. the online docket and sign up for email amended. alerts, you will be notified when Dated: May 18, 2021. FOR FURTHER INFORMATION CONTACT: A.L. comments are posted. Kathleen Claffie, Craig, Office of Privacy Management, We accept anonymous comments. All Chief, Office of Privacy Management, U.S. telephone 202–475–3528, or fax 202– comments to the Coast Guard will be Coast Guard. 372–8405, for questions on these posted without change to https:// [FR Doc. 2021–10830 Filed 5–21–21; 8:45 am] documents. www.regulations.gov and will include any personal information you have BILLING CODE 9110–04–P SUPPLEMENTARY INFORMATION: provided. For more about privacy and Public Participation and Request for submissions to the Coast Guard in DEPARTMENT OF HOMELAND Comments response to this document, see DHS’s SECURITY eRulemaking System of Records notice This notice relies on the authority of (85 FR 14226, March 11, 2020). For Coast Guard the Paperwork Reduction Act of 1995; more about privacy and submissions to 44 U.S.C. chapter 35, as amended. An OIRA in response to this document, see [Docket No. USCG–2021–0174] ICR is an application to OIRA seeking the https://www.reginfo.gov, comment- Collection of Information Under the approval, extension, or renewal of a submission web page. OIRA posts its Review by Office of Management and Coast Guard collection of information decisions on ICRs online at https:// Budget; OMB Control Number 1625– (Collection). The ICR contains www.reginfo.gov/public/do/PRAMain 0097 information describing the Collection’s after the comment period for each ICR. purpose, the Collection’s likely burden An OMB Notice of Action on each ICR AGENCY: Coast Guard, DHS. on the affected public, an explanation of will become available via a hyperlink in ACTION: Thirty-day notice requesting the necessity of the Collection, and the OMB Control Number: 1625–0097. other important information describing comments. Previous Request for Comments the Collection. There is one ICR for each SUMMARY: In compliance with the Collection. The Coast Guard invites This request provides a 30-day Paperwork Reduction Act of 1995 the comments on whether this ICR should comment period required by OIRA. The U.S. Coast Guard is forwarding an be granted based on the Collection being Coast Guard published the 60-day Information Collection Request (ICR), necessary for the proper performance of notice (86 FR 13571, March 9, 2021) abstracted below, to the Office of Departmental functions. In particular, required by 44 U.S.C. 3506(c)(2). We Management and Budget (OMB), Office the Coast Guard would appreciate received one unrelated comment in of Information and Regulatory Affairs comments addressing: (1) The practical response to our 60-day notice. The (OIRA), requesting an extension of its utility of the Collection; (2) the accuracy commenter submitted a statement approval for the following collection of of the estimated burden of the which is unrelated to this collection of information: 1625–0097, Plan Approval Collection; (3) ways to enhance the information for plan approval and and Records for Marine Engineering quality, utility, and clarity of records for marine engineering systems. Systems; without change. Our ICR information subject to the Collection; No changes have been made to the describes the information we seek to and (4) ways to minimize the burden of information collections request. collect from the public. Review and the Collection on respondents, Accordingly, no changes have been comments by OIRA ensure we only including the use of automated made to the Collection. impose paperwork burdens collection techniques or other forms of Information Collection Request commensurate with our performance of information technology. These Title: Plan Approval and Records for duties. comments will help OIRA determine Marine Engineering Systems. DATES: You may submit comments to whether to approve the ICR referred to OMB Control Number: 1625–0097. the Coast Guard and OIRA on or before in this Notice. Summary: This collection of June 23, 2021. We encourage you to respond to this information requires an owner or ADDRESSES: Comments to the Coast request by submitting comments and builder of a commercial vessel to submit Guard should be submitted using the related materials. Comments to Coast to the U.S. Coast Guard for review and Federal eRulemaking Portal at https:// Guard or OIRA must contain the OMB approval, plans pertaining to marine www.regulations.gov. Search for docket Control Number of the ICR. They must engineering systems to ensure that the number [USCG–2021–0174]. Written also contain the docket number of this vessel will meet regulatory standards. comments and recommendations to request, [USCG–2021–0174], and must Need: Under 46 U.S.C. 3306, the Coast OIRA for the proposed information be received by June 23, 2021. Guard is authorized to prescribe vessel
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27862 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
safety regulations including those number [USCG–2021–0176]. Written request, [USCG–2021–0176], and must related to marine engineering systems. comments and recommendations to be received by June 23, 2021. Title 46 CFR Subchapter F prescribes OIRA for the proposed information Submitting Comments those requirements. The rules provide collection should be sent within 30 days the specifications, standards and of publication of this notice to https:// We encourage you to submit requirements for strength and adequacy www.reginfo.gov/public/do/PRAMain. comments through the Federal of design, construction, installation, Find this particular information eRulemaking Portal at https:// inspection, and choice of materials for collection by selecting ‘‘Currently under www.regulations.gov. If your material machinery, boilers, pressure vessels, 30-day Review—Open for Public cannot be submitted using https:// safety valves, and piping systems upon Comments’’ or by using the search www.regulations.gov, contact the person which safety of life is dependent. function. in the FOR FURTHER INFORMATION Forms: None. A copy of the ICR is available through CONTACT section of this document for Respondents: Owners and builders of the docket on the internet at https:// alternate instructions. Documents commercial vessels. www.regulations.gov. Additionally, mentioned in this notice, and all public Frequency: On occasion. copies are available from: Commandant comments, are in our online docket at Hour Burden Estimate: The estimated (CG–6P), Attn: Paperwork Reduction https://www.regulations.gov and can be burden remains 5,793 hours a year. Act Manager, U.S. Coast Guard, 2703 viewed by following that website’s Authority: The Paperwork Reduction Martin Luther King Jr. Ave. SE, Stop instructions. Additionally, if you go to Act of 1995; 44 U.S.C. chapter 35, as 7710, Washington, DC 20593–7710. the online docket and sign up for email amended. alerts, you will be notified when FOR FURTHER INFORMATION CONTACT: A.L. Dated: May 18, 2021. comments are posted. Craig, Office of Privacy Management, We accept anonymous comments. All Kathleen Claffie, telephone 202–475–3528, or fax 202– comments to the Coast Guard will be Chief, Office of Privacy Management, U.S. 372–8405, for questions on these posted without change to https:// Coast Guard. documents. www.regulations.gov and will include [FR Doc. 2021–10833 Filed 5–21–21; 8:45 am] SUPPLEMENTARY INFORMATION: any personal information you have BILLING CODE 9110–04–P provided. For more about privacy and Public Participation and Request for submissions to the Coast Guard in Comments response to this document, see DHS’s DEPARTMENT OF HOMELAND eRulemaking System of Records notice SECURITY This notice relies on the authority of the Paperwork Reduction Act of 1995; (85 FR 14226, March 11, 2020). For Coast Guard 44 U.S.C. chapter 35, as amended. An more about privacy and submissions to ICR is an application to OIRA seeking OIRA in response to this document, see [Docket No. USCG–2021–0176] the approval, extension, or renewal of a the https://www.reginfo.gov, comment- Coast Guard collection of information submission web page. OIRA posts its Collection of Information Under decisions on ICRs online at https:// Review by Office of Management and (Collection). The ICR contains information describing the Collection’s www.reginfo.gov/public/do/PRAMain Budget; OMB Control Number 1625– after the comment period for each ICR. 0034 purpose, the Collection’s likely burden on the affected public, an explanation of An OMB Notice of Action on each ICR AGENCY: Coast Guard, DHS. the necessity of the Collection, and will become available via a hyperlink in ACTION: Thirty-day notice requesting other important information describing the OMB Control Number: 1625–0034. comments. the Collection. There is one ICR for each Previous Request for Comments Collection. The Coast Guard invites This request provides a 30-day SUMMARY: In compliance with the comments on whether this ICR should comment period required by OIRA. The Paperwork Reduction Act of 1995 the be granted based on the Collection being Coast Guard published the 60-day U.S. Coast Guard is forwarding an necessary for the proper performance of notice (86 FR 13568, March 9, 2021) Information Collection Request (ICR), Departmental functions. In particular, required by 44 U.S.C. 3506(c)(2). That abstracted below, to the Office of the Coast Guard would appreciate notice elicited no comments. Management and Budget (OMB), Office comments addressing: (1) The practical Accordingly, no changes have been of Information and Regulatory Affairs utility of the Collection; (2) the accuracy made to the Collection. (OIRA), requesting an extension of its of the estimated burden of the approval for the following collection of Collection; (3) ways to enhance the Information Collection Request information: 1625–0034, Ships’ Stores quality, utility, and clarity of Title: Ships’ Stores Certification for Certification for Hazardous Materials information subject to the Collection; Aboard Ships; without change. Our ICR Hazardous Materials Aboard Ships. and (4) ways to minimize the burden of OMB Control Number: 1625–0034. describes the information we seek to the Collection on respondents, Summary: The information is used by collect from the public. Review and including the use of automated the Coast Guard to ensure that comments by OIRA ensure we only collection techniques or other forms of personnel aboard ships are made aware impose paperwork burdens information technology. These of the proper usage and stowage commensurate with our performance of comments will help OIRA determine instructions for certain hazardous duties. whether to approve the ICR referred to materials. Provisions are made for DATES: You may submit comments to in this Notice. waivers of products in special the Coast Guard and OIRA on or before We encourage you to respond to this Department of Transportation (DOT) June 23, 2021. request by submitting comments and hazard classes. ADDRESSES: Comments to the Coast related materials. Comments to Coast Need: Title 46 U.S.C. 3306 authorizes Guard should be submitted using the Guard or OIRA must contain the OMB the Coast Guard to prescribe regulations Federal eRulemaking Portal at https:// Control Number of the ICR. They must for the transportation, stowage, and use www.regulations.gov. Search for docket also contain the docket number of this of ships’ stores and supplies of a
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27863
dangerous nature. Part 147 of 46 CFR 30-day Review—Open for Public cannot be submitted using https:// prescribes the regulations for hazardous Comments’’ or by using the search www.regulations.gov, contact the person ships’ stores. function. in the FOR FURTHER INFORMATION Forms: None. A copy of the ICR is available through CONTACT section of this document for Respondents: Owners and operators the docket on the internet at https:// alternate instructions. Documents of ships, and suppliers and www.regulations.gov. Additionally, mentioned in this notice, and all public manufacturers of hazardous materials copies are available from: Commandant comments, are in our online docket at used on ships. (CG–6P), ATTN: Paperwork Reduction https://www.regulations.gov and can be Frequency: On occasion. Act Manager, U.S. Coast Guard, 2703 viewed by following that website’s Hour Burden Estimate: The estimated Martin Luther King Jr. Ave. SE, STOP instructions. Additionally, if you go to burden remains 4 hours a year. 7710, Washington, DC 20593–7710. the online docket and sign up for email Authority: The Paperwork Reduction alerts, you will be notified when Act of 1995; 44 U.S.C. chapter 35, as FOR FURTHER INFORMATION CONTACT: A.L. comments are posted. amended. Craig, Office of Privacy Management, telephone 202–475–3528, or fax 202– We accept anonymous comments. All Dated: May 18, 2021. 372–8405, for questions on these comments to the Coast Guard will be Kathleen Claffie, documents. posted without change to https:// Chief, Office of Privacy Management, U.S. www.regulations.gov and will include SUPPLEMENTARY INFORMATION: Coast Guard. any personal information you have [FR Doc. 2021–10838 Filed 5–21–21; 8:45 am] Public Participation and Request for provided. For more about privacy and BILLING CODE 9110–04–P Comments submissions to the Coast Guard in This notice relies on the authority of response to this document, see DHS’s the Paperwork Reduction Act of 1995; eRulemaking System of Records notice DEPARTMENT OF HOMELAND (85 FR 14226, March 11, 2020). For SECURITY 44 U.S.C. chapter 35, as amended. An ICR is an application to OIRA seeking more about privacy and submissions to OIRA in response to this document, see Coast Guard the approval, extension, or renewal of a Coast Guard collection of information the https://www.reginfo.gov, comment- [Docket No. USCG–2021–0050] (Collection). The ICR contains submission web page. OIRA posts its information describing the Collection’s decisions on ICRs online at https:// Collection of Information Under www.reginfo.gov/public/do/PRAMain Review by Office of Management and purpose, the Collection’s likely burden on the affected public, an explanation of after the comment period for each ICR. Budget; OMB Control Number 1625– An OMB Notice of Action on each ICR 0022 the necessity of the Collection, and other important information describing will become available via a hyperlink in AGENCY: Coast Guard, DHS. the Collection. There is one ICR for each the OMB Control Number: 1625–0022. ACTION: Thirty-day notice requesting Collection. Previous Request for Comments comments. The Coast Guard invites comments on whether this ICR should be granted This request provides a 30-day SUMMARY: In compliance with the based on the Collection being necessary comment period required by OIRA. The Paperwork Reduction Act of 1995 the for the proper performance of Coast Guard published the 60-day U.S. Coast Guard is forwarding an Departmental functions. In particular, notice (86 FR 13572, March 9, 2021) Information Collection Request (ICR), the Coast Guard would appreciate required by 44 U.S.C. 3506(c)(2). That abstracted below, to the Office of comments addressing: (1) The practical notice elicited no comments. Management and Budget (OMB), Office utility of the Collection; (2) the accuracy Accordingly, no changes have been of Information and Regulatory Affairs of the estimated burden of the made to the Collection. (OIRA), requesting an extension of its Collection; (3) ways to enhance the Information Collection Request approval for the following collection of quality, utility, and clarity of information: 1625–0022, Application for information subject to the Collection; Title: Application for Tonnage Tonnage Measure of Vessels; without and (4) ways to minimize the burden of Measure of Vessels. change. Our ICR describes the the Collection on respondents, OMB Control Number: 1625–0022. information we seek to collect from the including the use of automated Summary: The information is used by public. Review and comments by OIRA collection techniques or other forms of the Coast Guard to determine a vessel’s ensure we only impose paperwork information technology. These tonnage. Tonnage in turn helps to burdens commensurate with our comments will help OIRA determine determine licensing, inspection, safety performance of duties. whether to approve the ICR referred to requirements, and operating fees. DATES: You may submit comments to in this Notice. Need: Under 46 U.S.C. 14104 certain the Coast Guard and OIRA on or before We encourage you to respond to this vessels must be measured for tonnage. June 23, 2021. request by submitting comments and Coast Guard regulations for this ADDRESSES: Comments to the Coast related materials. Comments to Coast measurement are contained in 46 CFR Guard should be submitted using the Guard or OIRA must contain the OMB part 69. Federal eRulemaking Portal at https:// Control Number of the ICR. They must Forms: • www.regulations.gov. Search for docket also contain the docket number of this CG–5397, Application for number [USCG–2021–0050]. Written request, [USCG–2021–0050], and must Simplified Measurement. comments and recommendations to be received by June 23, 2021. Respondents: Owners of vessels. OIRA for the proposed information Frequency: On occasion. Submitting Comments collection should be sent within 30 days Hour Burden Estimate: The estimated of publication of this notice to https:// We encourage you to submit burden remains 15,094 hours a year. www.reginfo.gov/public/do/PRAMain. comments through the Federal Authority: The Paperwork Reduction Find this particular information eRulemaking Portal at https:// Act of 1995; 44 U.S.C. chapter 35, as collection by selecting ‘‘Currently under www.regulations.gov. If your material amended.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27864 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
Dated: May 18, 2021. FOR FURTHER INFORMATION CONTACT: A.L. alerts, you will be notified when Kathleen Claffie, Craig, Office of Privacy Management, comments are posted. Chief, Office of Privacy Management, U.S. telephone 202–475–3528, or fax 202– We accept anonymous comments. All Coast Guard. 372–8405, for questions on these comments to the Coast Guard will be [FR Doc. 2021–10831 Filed 5–21–21; 8:45 am] documents. posted without change to https:// BILLING CODE 9110–04–P SUPPLEMENTARY INFORMATION: www.regulations.gov and will include any personal information you have Public Participation and Request for provided. For more about privacy and DEPARTMENT OF HOMELAND Comments submissions to the Coast Guard in SECURITY This notice relies on the authority of response to this document, see DHS’s eRulemaking System of Records notice Coast Guard the Paperwork Reduction Act of 1995; 44 U.S.C. chapter 35, as amended. An (85 FR 14226, March 11, 2020). For ICR is an application to OIRA seeking more about privacy and submissions to [Docket No. USCG–2021–0173] the approval, extension, or renewal of a OIRA in response to this document, see Coast Guard collection of information the https://www.reginfo.gov, comment- Collection of Information Under (Collection). The ICR contains submission web page. OIRA posts its Review by Office of Management and information describing the Collection’s decisions on ICRs online at https:// Budget; OMB Control Number 1625– purpose, the Collection’s likely burden www.reginfo.gov/public/do/PRAMain 0113 on the affected public, an explanation of after the comment period for each ICR. AGENCY: Coast Guard, DHS. the necessity of the Collection, and An OMB Notice of Action on each ICR other important information describing will become available via a hyperlink in ACTION: Thirty-day notice requesting the Collection. There is one ICR for each the OMB Control Number: 1625–0113. comments. Collection. The Coast Guard invites Previous Request for Comments SUMMARY: In compliance with the comments on whether this ICR should Paperwork Reduction Act of 1995 the be granted based on the Collection being This request provides a 30-day U.S. Coast Guard is forwarding an necessary for the proper performance of comment period required by OIRA. The Information Collection Request (ICR), Departmental functions. In particular, Coast Guard published the 60-day abstracted below, to the Office of the Coast Guard would appreciate notice (86 FR 13570, March 9, 2021) Management and Budget (OMB), Office comments addressing: (1) The practical required by 44 U.S.C. 3506(c)(2). That of Information and Regulatory Affairs utility of the Collection; (2) the accuracy notice elicited no comments. (OIRA), requesting an extension of its of the estimated burden of the Accordingly, no changes have been approval for the following collection of Collection; (3) ways to enhance the made to the Collection. quality, utility, and clarity of information: 1625–0113, Crewmember Information Collection Request Identification Documents; without information subject to the Collection; change. Our ICR describes the and (4) ways to minimize the burden of Title: Crewmember Identification information we seek to collect from the the Collection on respondents, Documents. including the use of automated public. Review and comments by OIRA OMB Control Number: 1625–0113. ensure we only impose paperwork collection techniques or other forms of information technology. These Summary: This information collection burdens commensurate with our covers the requirement that performance of duties. comments will help OIRA determine whether to approve the ICR referred to crewmembers on vessels calling at U.S. DATES: You may submit comments to in this Notice. ports must carry and present on demand the Coast Guard and OIRA on or before We encourage you to respond to this an identification that allows the identity June 23, 2021. request by submitting comments and of crewmembers to be authoritatively ADDRESSES: Comments to the Coast related materials. Comments to Coast validated. Guard should be submitted using the Guard or OIRA must contain the OMB Need: Title 46 U.S.C. 70111 mandated Federal eRulemaking Portal at https:// Control Number of the ICR. They must that the Coast Guard establish regulation www.regulations.gov. Search for docket also contain the docket number of this about crewmember identification. The number [USCG–2021–0173]. Written request, [USCG–2021–0173], and must regulations are in 33 CFR part 160, comments and recommendations to be received by June 23, 2021. subpart D. OIRA for the proposed information Forms: None. collection should be sent within 30 days Submitting Comments Respondents: Crewmembers, and of publication of this notice to https:// We encourage you to submit operators of certain vessels. www.reginfo.gov/public/do/PRAMain. comments through the Federal Find this particular information eRulemaking Portal at https:// Frequency: On occasion. collection by selecting ‘‘Currently under www.regulations.gov. If your material Hour Burden Estimate: The estimated 30-day Review—Open for Public cannot be submitted using https:// burden remains 32,955 hours a year. Comments’’ or by using the search www.regulations.gov, contact the person Authority: The Paperwork Reduction function. in the FOR FURTHER INFORMATION Act of 1995; 44 U.S.C. chapter 35, as A copy of the ICR is available through CONTACT section of this document for amended. the docket on the internet at https:// alternate instructions. Documents www.regulations.gov. Additionally, mentioned in this notice, and all public Dated: May 18, 2021. copies are available from: Commandant comments, are in our online docket at Kathleen Claffie, (CG–6P), Attn: Paperwork Reduction https://www.regulations.gov and can be Chief, Office of Privacy Management, U.S. Act Manager, U.S. Coast Guard, 2703 viewed by following that website’s Coast Guard. Martin Luther King Jr. Ave. SE, Stop instructions. Additionally, if you go to [FR Doc. 2021–10837 Filed 5–21–21; 8:45 am] 7710, Washington, DC 20593–7710. the online docket and sign up for email BILLING CODE 9110–04–P
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27865
DEPARTMENT OF HOMELAND Public Participation and Request for provided. For more about privacy and SECURITY Comments submissions to the Coast Guard in This notice relies on the authority of response to this document, see DHS’s Coast Guard the Paperwork Reduction Act of 1995; eRulemaking System of Records notice 44 U.S.C. chapter 35, as amended. An (85 FR 14226, March 11, 2020). For [Docket No. USCG–2021–0172] ICR is an application to OIRA seeking more about privacy and submissions to the approval, extension, or renewal of a OIRA in response to this document, see Collection of Information Under Coast Guard collection of information the https://www.reginfo.gov, comment- Review by Office of Management and (Collection). The ICR contains submission web page. OIRA posts its Budget; OMB Control Number 1625– information describing the Collection’s decisions on ICRs online at https:// 0103 purpose, the Collection’s likely burden www.reginfo.gov/public/do/PRAMain AGENCY: Coast Guard, DHS. on the affected public, an explanation of after the comment period for each ICR. the necessity of the Collection, and An OMB Notice of Action on each ICR ACTION: Thirty-day notice requesting other important information describing will become available via a hyperlink in comments. the Collection. There is one ICR for each the OMB Control Number: 1625–0103. Collection. SUMMARY: In compliance with the Previous Request for Comments Paperwork Reduction Act of 1995 the The Coast Guard invites comments on U.S. Coast Guard is forwarding an whether this ICR should be granted This request provides a 30-day Information Collection Request (ICR), based on the Collection being necessary comment period required by OIRA. The abstracted below, to the Office of for the proper performance of Coast Guard published the 60-day Management and Budget (OMB), Office Departmental functions. In particular, notice (86 FR 13572, March 9, 2021) the Coast Guard would appreciate of Information and Regulatory Affairs required by 44 U.S.C. 3506(c)(2). That comments addressing: (1) The practical (OIRA), requesting an extension of its notice elicited no comments. utility of the Collection; (2) the accuracy approval for the following collection of Accordingly, no changes have been of the estimated burden of the information: 1625–0103, Mandatory made to the Collection. Ship Reporting System for Northeast Collection; (3) ways to enhance the and Southeast Coasts of the United quality, utility, and clarity of Information Collection Request States; without change. Our ICR information subject to the Collection; Title: Mandatory Ship Reporting describes the information we seek to and (4) ways to minimize the burden of System for Northeast and Southeast collect from the public. Review and the Collection on respondents, comments by OIRA ensure we only including the use of automated Coasts of the United States. impose paperwork burdens collection techniques or other forms of OMB Control Number: 1625–0103. information technology. These commensurate with our performance of Summary: The information is needed duties. comments will help OIRA determine whether to approve the ICR referred to to reduce the number of ship collisions DATES: You may submit comments to in this Notice. with endangered northern right whales. the Coast Guard and OIRA on or before We encourage you to respond to this Coast Guard rules at 33 CFR part 169 June 23, 2021. request by submitting comments and establish two mandatory ship-reporting ADDRESSES: Comments to the Coast related materials. Comments to Coast systems off the northeast and southeast Guard should be submitted using the Guard or OIRA must contain the OMB coasts of the United States. Federal eRulemaking Portal at https:// Control Number of the ICR. They must Need: The collection involves ships’ www.regulations.gov. Search for docket also contain the docket number of this reporting by radio to a shore-based number [USCG–2021–0172]. Written request, [USCG–2021–0172], and must authority when entering the area comments and recommendations to be received by June 23, 2021. covered by the reporting system. The OIRA for the proposed information Submitting Comments ship will receive, in return, information collection should be sent within 30 days to reduce the likelihood of collisions of publication of this notice to https:// We encourage you to submit between themselves and northern right www.reginfo.gov/public/do/PRAMain. comments through the Federal whales—an endangered species—in the Find this particular information eRulemaking Portal at https:// areas established with critical-habitat collection by selecting ‘‘Currently under www.regulations.gov. If your material designation. 30-day Review—Open for Public cannot be submitted using https:// Forms: None. Comments’’ or by using the search www.regulations.gov, contact the person function. in the FOR FURTHER INFORMATION Respondents: Operators of certain A copy of the ICR is available through CONTACT section of this document for vessels. the docket on the internet at https:// alternate instructions. Documents Frequency: On occasion. www.regulations.gov. Additionally, mentioned in this notice, and all public comments, are in our online docket at Hour Burden Estimate: The estimated copies are available from: Commandant burden remains 137 hours a year. (CG–6P), Attn: Paperwork Reduction https://www.regulations.gov and can be Act Manager, U.S. Coast Guard, 2703 viewed by following that website’s Authority: The Paperwork Reduction Martin Luther King Jr. Ave. SE, STOP instructions. Additionally, if you go to Act of 1995; 44 U.S.C. chapter 35, as 7710, Washington, DC 20593–7710. the online docket and sign up for email amended. alerts, you will be notified when FOR FURTHER INFORMATION CONTACT: A.L. Dated: May 18, 2021. comments are posted. Craig, Office of Privacy Management, We accept anonymous comments. All Kathleen Claffie, telephone 202–475–3528, or fax 202– comments to the Coast Guard will be Chief, Office of Privacy Management, U.S. 372–8405, for questions on these posted without change to https:// Coast Guard. documents. www.regulations.gov and will include [FR Doc. 2021–10832 Filed 5–21–21; 8:45 am] SUPPLEMENTARY INFORMATION: any personal information you have BILLING CODE 9110–04–P
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27866 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
DEPARTMENT OF HOMELAND Public Participation and Request for submissions to the Coast Guard in SECURITY Comments response to this document, see DHS’s This notice relies on the authority of eRulemaking System of Records notice Coast Guard the Paperwork Reduction Act of 1995; (85 FR 14226, March 11, 2020). For 44 U.S.C. chapter 35, as amended. An more about privacy and submissions to [Docket No. USCG–2021–0178] ICR is an application to OIRA seeking OIRA in response to this document, see the approval, extension, or renewal of a the https://www.reginfo.gov, comment- Collection of Information Under Coast Guard collection of information submission web page. OIRA posts its Review by Office of Management and (Collection). The ICR contains decisions on ICRs online at https:// Budget; OMB Control Number 1625– information describing the Collection’s www.reginfo.gov/public/do/PRAMain 0020 purpose, the Collection’s likely burden after the comment period for each ICR. An OMB Notice of Action on each ICR AGENCY: Coast Guard, DHS. on the affected public, an explanation of the necessity of the Collection, and will become available via a hyperlink in ACTION: Thirty-day notice requesting other important information describing the OMB Control Number: 1625–0020. comments. the Collection. There is one ICR for each Previous Request for Comments Collection. The Coast Guard invites SUMMARY: In compliance with the comments on whether this ICR should This request provides a 30-day Paperwork Reduction Act of 1995 the be granted based on the Collection being comment period required by OIRA. The U.S. Coast Guard is forwarding an necessary for the proper performance of Coast Guard published the 60-day Information Collection Request (ICR), Departmental functions. In particular, notice (86 FR 14333, March 15, 2021) abstracted below, to the Office of the Coast Guard would appreciate required by 44 U.S.C. 3506(c)(2). That Management and Budget (OMB), Office comments addressing: (1) The practical notice elicited no comments. of Information and Regulatory Affairs utility of the Collection; (2) the accuracy Accordingly, no changes have been (OIRA), requesting an extension of its of the estimated burden of the made to the Collection. approval for the following collection of Collection; (3) ways to enhance the Information Collection Request information: 1625–0020, Security quality, utility, and clarity of Zones, Regulated Navigation Areas, and information subject to the Collection; Title: Security Zones, Regulated Safety Zones; without change. Our ICR and (4) ways to minimize the burden of Navigation Areas, and Safety Zones. describes the information we seek to the Collection on respondents, OMB Control Number: 1625–0020. collect from the public. Review and including the use of automated Summary: The Coast Guard collects comments by OIRA ensure we only collection techniques or other forms of impose paperwork burdens this information only when someone information technology. These seeks a security zone, regulated commensurate with our performance of comments will help OIRA determine duties. navigation area, or safety zone. It uses whether to approve the ICR referred to the information to assess the need to DATES: You may submit comments to in this Notice. establish one of these areas. the Coast Guard and OIRA on or before We encourage you to respond to this Need: Section 70034 and 70051 of 46 June 23, 2021. request by submitting comments and related materials. Comments to Coast U.S.C., and parts 6 and 165 of 33 CFR ADDRESSES: Comments to the Coast Guard or OIRA must contain the OMB give the Coast Guard Captain of the Port Guard should be submitted using the Control Number of the ICR. They must (COTP) the authority to designate Federal eRulemaking Portal at https:// also contain the docket number of this security zones in the U.S. for as long as www.regulations.gov. Search for docket request, [USCG–2021–0178], and must the COTP deems necessary to prevent number [USCG–2021–0178]. Written be received by June 23, 2021. damage or injury. Section 70001 of 46 comments and recommendations to U.S.C. authorizes the Coast Guard to OIRA for the proposed information Submitting Comments prescribe rules to control vessel traffic collection should be sent within 30 days We encourage you to submit in areas he or she deems hazardous of publication of this notice to https:// comments through the Federal because of reduced visibility, adverse www.reginfo.gov/public/do/PRAMain. eRulemaking Portal at https:// weather, or vessel congestion. Section Find this particular information www.regulations.gov. If your material 70011 of 46 U.S.C. authorizes the Coast collection by selecting ‘‘Currently under cannot be submitted using https:// Guard to establish rules to allow the 30-day Review—Open for Public www.regulations.gov, contact the person designation of safety zones where access Comments’’ or by using the search in the FOR FURTHER INFORMATION is limited to authorized persons, function. CONTACT section of this document for vehicles, or vessels to protect the public A copy of the ICR is available through alternate instructions. Documents from hazardous situations. the docket on the internet at https:// mentioned in this notice, and all public Forms: None. www.regulations.gov. Additionally, comments, are in our online docket at Respondents: Federal, State, and local copies are available from: Commandant https://www.regulations.gov and can be government agencies, owners and (CG–6P), Attn: Paperwork Reduction viewed by following that website’s operators of vessels and facilities. Act Manager, U.S. Coast Guard, 2703 instructions. Additionally, if you go to Frequency: On occasion. Martin Luther King Jr. Ave. SE, STOP the online docket and sign up for email 7710, Washington, DC 20593–7710. alerts, you will be notified when Hour Burden Estimate: The estimated comments are posted. burden has increased from 224 hours to FOR FURTHER INFORMATION CONTACT: A.L. 928 hours a year, due to an increase in Craig, Office of Privacy Management, We accept anonymous comments. All comments to the Coast Guard will be the estimated annual number of telephone 202–475–3528, or fax 202– respondents. 372–8405, for questions on these posted without change to https:// documents. www.regulations.gov and will include Authority: The Paperwork Reduction any personal information you have Act of 1995; 44 U.S.C. chapter 35, as SUPPLEMENTARY INFORMATION: provided. For more about privacy and amended.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27867
Dated: May 18, 2021. FOR FURTHER INFORMATION CONTACT: A.L. the online docket and sign up for email Kathleen Claffie, Craig, Office of Privacy Management, alerts, you will be notified when Chief, Office of Privacy Management, U.S. telephone 202–475–3528, or fax 202– comments are posted. Coast Guard. 372–8405, for questions on these We accept anonymous comments. All [FR Doc. 2021–10828 Filed 5–21–21; 8:45 am] documents. comments to the Coast Guard will be BILLING CODE 9110–04–P SUPPLEMENTARY INFORMATION: posted without change to https:// www.regulations.gov and will include Public Participation and Request for any personal information you have DEPARTMENT OF HOMELAND Comments provided. For more about privacy and SECURITY This notice relies on the authority of submissions to the Coast Guard in Coast Guard the Paperwork Reduction Act of 1995; response to this document, see DHS’s 44 U.S.C. chapter 35, as amended. An eRulemaking System of Records notice ICR is an application to OIRA seeking (85 FR 14226, March 11, 2020). For [Docket No. USCG–2021–0177] the approval, extension, or renewal of a more about privacy and submissions to Coast Guard collection of information OIRA in response to this document, see Collection of Information Under (Collection). The ICR contains the https://www.reginfo.gov, comment- Review by Office of Management and information describing the Collection’s submission web page. OIRA posts its Budget; OMB Control Number 1625– purpose, the Collection’s likely burden decisions on ICRs online at https:// 0100 on the affected public, an explanation of www.reginfo.gov/public/do/PRAMain AGENCY: Coast Guard, DHS. the necessity of the Collection, and after the comment period for each ICR. other important information describing An OMB Notice of Action on each ICR ACTION: Thirty-day notice requesting the Collection. There is one ICR for each will become available via a hyperlink in comments. Collection. the OMB Control Number: 1625–0100. SUMMARY: In compliance with the The Coast Guard invites comments on Previous Request for Comments Paperwork Reduction Act of 1995 the whether this ICR should be granted U.S. Coast Guard is forwarding an based on the Collection being necessary This request provides a 30-day Information Collection Request (ICR), for the proper performance of comment period required by OIRA. The abstracted below, to the Office of Departmental functions. In particular, Coast Guard published the 60-day Management and Budget (OMB), Office the Coast Guard would appreciate notice (86 FR 13569, March 9, 2021) of Information and Regulatory Affairs comments addressing: (1) The practical required by 44 U.S.C. 3506(c)(2). That (OIRA), requesting an extension of its utility of the Collection; (2) the accuracy notice elicited no comments. approval for the following collection of of the estimated burden of the Accordingly, no changes have been information: 1625–0100, Advanced Collection; (3) ways to enhance the made to the Collection. quality, utility, and clarity of Notice of Vessel Arrival; without Information Collection Request change. Our ICR describes the information subject to the Collection; information we seek to collect from the and (4) ways to minimize the burden of Title: Advanced Notice of Vessel public. Review and comments by OIRA the Collection on respondents, Arrival. ensure we only impose paperwork including the use of automated OMB Control Number: 1625–0100. burdens commensurate with our collection techniques or other forms of performance of duties. information technology. These Summary: The Ports and Waterways comments will help OIRA determine Safety Act authorizes the Coast Guard to DATES: You may submit comments to whether to approve the ICR referred to require pre-arrival messages from any the Coast Guard and OIRA on or before in this Notice. June 23, 2021. vessel entering a port or place in the We encourage you to respond to this United States. ADDRESSES: Comments to the Coast request by submitting comments and Need: This information is required Guard should be submitted using the related materials. Comments to Coast under 33 CFR 146 and 33 CFR 160 Federal eRulemaking Portal at https:// Guard or OIRA must contain the OMB subpart C to control vessel traffic, www.regulations.gov. Search for docket Control Number of the ICR. They must develop contingency plans, and enforce number [USCG–2021–0177]. Written also contain the docket number of this regulations. comments and recommendations to request, [USCG–2021–0177], and must OIRA for the proposed information be received by June 23, 2021. Forms: None. collection should be sent within 30 days Submitting Comments Respondents: Vessel owners and of publication of this notice to https:// operators. www.reginfo.gov/public/do/PRAMain. We encourage you to submit Find this particular information comments through the Federal Frequency: On occasion. collection by selecting ‘‘Currently under eRulemaking Portal at https:// Hour Burden Estimate: The estimated 30-day Review—Open for Public www.regulations.gov. If your material burden remains 104,515 hours a year. Comments’’ or by using the search cannot be submitted using https:// Authority: The Paperwork Reduction function. www.regulations.gov, contact the person Act of 1995; 44 U.S.C. chapter 35, as A copy of the ICR is available through in the FOR FURTHER INFORMATION amended. the docket on the internet at https:// CONTACT section of this document for www.regulations.gov. Additionally, alternate instructions. Documents Dated: May 18, 2021. copies are available from: Commandant mentioned in this notice, and all public Kathleen Claffie, (CG–6P), Attn: Paperwork Reduction comments, are in our online docket at Chief, Office of Privacy Management, U.S. Act Manager, U.S. Coast Guard, 2703 https://www.regulations.gov and can be Coast Guard. Martin Luther King Jr. Ave. SE, STOP viewed by following that website’s [FR Doc. 2021–10835 Filed 5–21–21; 8:45 am] 7710, Washington, DC 20593–7710. instructions. Additionally, if you go to BILLING CODE 9110–04–P
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27868 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
DEPARTMENT OF HOMELAND Public Participation and Request for provided. For more about privacy and SECURITY Comments submissions to the Coast Guard in response to this document, see DHS’s This notice relies on the authority of Coast Guard eRulemaking System of Records notice the Paperwork Reduction Act of 1995; (85 FR 14226, March 11, 2020). For 44 U.S.C. chapter 35, as amended. An more about privacy and submissions to [Docket No. USCG–2021–0175] ICR is an application to OIRA seeking OIRA in response to this document, see the approval, extension, or renewal of a the https://www.reginfo.gov, comment- Collection of Information Under Coast Guard collection of information submission web page. OIRA posts its Review by Office of Management and (Collection). The ICR contains decisions on ICRs online at https:// Budget; OMB Control Number 1625– information describing the Collection’s www.reginfo.gov/public/do/PRAMain 0044 purpose, the Collection’s likely burden after the comment period for each ICR. on the affected public, an explanation of AGENCY: Coast Guard, DHS. An OMB Notice of Action on each ICR the necessity of the Collection, and will become available via a hyperlink in ACTION: Thirty-day notice requesting other important information describing the OMB Control Number: 1625–0044. comments. the Collection. There is one ICR for each Collection. The Coast Guard invites Previous Request for Comments SUMMARY: In compliance with the comments on whether this ICR should Paperwork Reduction Act of 1995 the be granted based on the Collection being This request provides a 30-day U.S. Coast Guard is forwarding an necessary for the proper performance of comment period required by OIRA. The Information Collection Request (ICR), Departmental functions. In particular, Coast Guard published the 60-day abstracted below, to the Office of the Coast Guard would appreciate notice (86 FR 13573, March 9, 2021) Management and Budget (OMB), Office comments addressing: (1) The practical required by 44 U.S.C. 3506(c)(2). That of Information and Regulatory Affairs utility of the Collection; (2) the accuracy notice elicited no comments. (OIRA), requesting an extension of its of the estimated burden of the Accordingly, no changes have been approval for the following collection of Collection; (3) ways to enhance the made to the Collection. information: 1625–0044, Outer quality, utility, and clarity of Information Collection Request Continental Shelf Activities; without information subject to the Collection; change. Our ICR describes the and (4) ways to minimize the burden of Title: Outer Continental Shelf information we seek to collect from the the Collection on respondents, Activities. public. Review and comments by OIRA including the use of automated OMB Control Number: 1625–0044. ensure we only impose paperwork collection techniques or other forms of Summary: The Outer Continental burdens commensurate with our information technology. These Shelf Lands Act, as amended, authorizes performance of duties. comments will help OIRA determine the Coast Guard to promulgate and whether to approve the ICR referred to DATES: You may submit comments to enforce regulations promoting the safety in this Notice. the Coast Guard and OIRA on or before of life and property on Outer June 23, 2021. We encourage you to respond to this Continental Shelf (OCS) facilities. These request by submitting comments and ADDRESSES: Comments to the Coast regulations are located in 33 CFR related materials. Comments to Coast subchapter N. Guard should be submitted using the Guard or OIRA must contain the OMB Federal eRulemaking Portal at https:// Control Number of the ICR. They must Need: The information is needed to www.regulations.gov. Search for docket also contain the docket number of this ensure compliance with the safety number [USCG–2021–0175]. Written request, [USCG–2021–0175], and must regulations related to OCS activities. comments and recommendations to be received by June 23, 2021. The regulations contain reporting and OIRA for the proposed information recordkeeping requirements for annual collection should be sent within 30 days Submitting Comments inspections of OCS facilities, employee of publication of this notice to https:// We encourage you to submit citizenship records, station bills, and www.reginfo.gov/public/do/PRAMain. comments through the Federal emergency evacuation plans. Find this particular information eRulemaking Portal at https:// Forms: collection by selecting ‘‘Currently under www.regulations.gov. If your material • CG–5432, Fixed OCS Facility 30-day Review—Open for Public cannot be submitted using https:// Inspection Report. Comments’’ or by using the search www.regulations.gov, contact the person function. in the FOR FURTHER INFORMATION Respondents: Operators of facilities and vessels engaged in activities on the A copy of the ICR is available through CONTACT section of this document for OCS. the docket on the internet at https:// alternate instructions. Documents www.regulations.gov. Additionally, mentioned in this notice, and all public Frequency: On occasion. copies are available from: Commandant comments, are in our online docket at Hour Burden Estimate: The estimated (CG–6P), Attn: Paperwork Reduction https://www.regulations.gov and can be burden remains 9,582 hours a year. Act Manager, U.S. Coast Guard, 2703 viewed by following that website’s Authority: The Paperwork Reduction Martin Luther King Jr. Ave. SE, Stop instructions. Additionally, if you go to Act of 1995; 44 U.S.C. chapter 35, as 7710, Washington, DC 20593–7710. the online docket and sign up for email amended. alerts, you will be notified when FOR FURTHER INFORMATION CONTACT: A.L. comments are posted. Dated: May 18, 2021. Craig, Office of Privacy Management, Kathleen Claffie, telephone 202–475–3528, or fax 202– We accept anonymous comments. All comments to the Coast Guard will be Chief, Office of Privacy Management, U.S. 372–8405, for questions on these Coast Guard. documents. posted without change to https:// www.regulations.gov and will include [FR Doc. 2021–10834 Filed 5–21–21; 8:45 am] SUPPLEMENTARY INFORMATION: any personal information you have BILLING CODE 9110–04–P
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27869
DEPARTMENT OF HOMELAND Community Map Repository address provided in the tables below. Any SECURITY listed in the tables below. Additionally, request for reconsideration of the the current effective FIRM and FIS revised flood hazard information shown Federal Emergency Management report for each community are on the Preliminary FIRM and FIS report Agency accessible online through the FEMA that satisfies the data requirements [Docket ID FEMA–2021–0002; Internal Map Service Center at https:// outlined in 44 CFR 67.6(b) is considered Agency Docket No. FEMA–B–2131] msc.fema.gov for comparison. an appeal. Comments unrelated to the You may submit comments, identified flood hazard determinations also will be Proposed Flood Hazard by Docket No. FEMA–B–2131, to Rick considered before the FIRM and FIS Determinations Sacbibit, Chief, Engineering Services report become effective. Branch, Federal Insurance and AGENCY: Federal Emergency Use of a Scientific Resolution Panel Mitigation Administration, FEMA, 400 Management Agency, Department of (SRP) is available to communities in C Street SW, Washington, DC 20472, Homeland Security. support of the appeal resolution (202) 646–7659, or (email) ACTION: Notice. process. SRPs are independent panels of [email protected]. experts in hydrology, hydraulics, and SUMMARY: Comments are requested on FOR FURTHER INFORMATION CONTACT: Rick other pertinent sciences established to proposed flood hazard determinations, Sacbibit, Chief, Engineering Services review conflicting scientific and which may include additions or Branch, Federal Insurance and technical data and provide modifications of any Base Flood Mitigation Administration, FEMA, 400 recommendations for resolution. Use of Elevation (BFE), base flood depth, C Street SW, Washington, DC 20472, the SRP only may be exercised after Special Flood Hazard Area (SFHA) (202) 646–7659, or (email) FEMA and local communities have been boundary or zone designation, or [email protected]; or visit engaged in a collaborative consultation regulatory floodway on the Flood the FEMA Mapping and Insurance process for at least 60 days without a Insurance Rate Maps (FIRMs), and eXchange (FMIX) online at https:// mutually acceptable resolution of an where applicable, in the supporting www.floodmaps.fema.gov/fhm/fmx_ appeal. Additional information Flood Insurance Study (FIS) reports for main.html. regarding the SRP process can be found the communities listed in the table SUPPLEMENTARY INFORMATION: FEMA online at https://www.floodsrp.org/pdfs/ below. The purpose of this notice is to proposes to make flood hazard srp_overview.pdf. seek general information and comment determinations for each community The watersheds and/or communities regarding the preliminary FIRM, and listed below, in accordance with section where applicable, the FIS report that the affected are listed in the tables below. 110 of the Flood Disaster Protection Act Federal Emergency Management Agency The Preliminary FIRM, and where of 1973, 42 U.S.C. 4104, and 44 CFR (FEMA) has provided to the affected applicable, FIS report for each 67.4(a). communities. The FIRM and FIS report community are available for inspection These proposed flood hazard are the basis of the floodplain at both the online location https:// determinations, together with the management measures that the hazards.fema.gov/femaportal/prelim floodplain management criteria required community is required either to adopt download and the respective by 44 CFR 60.3, are the minimum that or to show evidence of having in effect Community Map Repository address are required. They should not be in order to qualify or remain qualified listed in the tables. For communities construed to mean that the community for participation in the National Flood with multiple ongoing Preliminary must change any existing ordinances Insurance Program (NFIP). In addition, studies, the studies can be identified by that are more stringent in their the FIRM and FIS report, once effective, the unique project number and floodplain management requirements. will be used by insurance agents and Preliminary FIRM date listed in the The community may at any time enact others to calculate appropriate flood tables. Additionally, the current stricter requirements of its own or insurance premium rates for new effective FIRM and FIS report for each pursuant to policies established by other buildings and the contents of those community are accessible online Federal, State, or regional entities. buildings. through the FEMA Map Service Center These flood hazard determinations are at https://msc.fema.gov for comparison. DATES: Comments are to be submitted used to meet the floodplain on or before August 23, 2021. management requirements of the NFIP (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) ADDRESSES: The Preliminary FIRM, and and are used to calculate the where applicable, the FIS report for appropriate flood insurance premium Michael M. Grimm, each community are available for rates for new buildings built after the Assistant Administrator for Risk inspection at both the online location FIRM and FIS report become effective. Management, Department of Homeland https://hazards.fema.gov/femaportal/ The communities affected by the Security, Federal Emergency Management prelimdownload and the respective flood hazard determinations are Agency.
Community Community map repository address
Washington County, Arkansas and Incorporated Areas Project: 20–06–0069S Preliminary Date: December 17, 2020
City of Elkins ...... City Hall, 1874 Stokenbury Road, Elkins, AR 72727. City of Elm Springs ...... City Hall, 289 Jayroe Avenue, Elm Springs, AR 72728. City of Farmington ...... City Hall, 354 West Main Street, Farmington, AR 72730. City of Fayetteville ...... Development Services Building, 125 West Mountain Street, Fayette- ville, AR 72701. City of Goshen ...... City Hall, 124 Church Street, Goshen, AR 72735. City of Greenland ...... City Hall, 8 East Ross Street, Greenland, AR 72701. City of Johnson ...... City Hall, 2904 Main Drive, Johnson, AR 72704.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27870 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
Community Community map repository address
City of Lincoln ...... City Hall, 101 East Bean Street, Lincoln, AR 72744. City of Prairie Grove ...... City Hall, 975 East Douglas Street, Prairie Grove, AR 72753. City of Springdale ...... Engineering Department, 269 East Randall Wobbe Lane, Springdale, AR 72764. City of Tontitown ...... Tontitown City Hall, 235 East Henri De Tonti Boulevard, Springdale, AR 72762. City of West Fork ...... City Hall, 164 North Centennial Avenue, West Fork, AR 72774. City of Winslow ...... City Hall, 108 North Winslow Boulevard, Winslow, AR 72959. Unincorporated Areas of Washington County ...... Washington County Planning Department, 2615 South Brink Drive, Fayetteville, AR 72701.
Athens-Clarke County, Georgia (All Jurisdictions) Project: 18–04–0003S Preliminary Date: July 29, 2020
Athens-Clarke County ...... Athens-Clarke County Planning Department Building, 120 West Dough- erty Street, Athens, GA 30601. City of Winterville ...... City Hall, 125 North Church Street, Winterville, GA 30683.
Oconee County, Georgia and Incorporated Areas Project: 18–04–0003S Preliminary Date: July 29, 2020
City of Watkinsville ...... City Hall, 191 VFW Drive, Watkinsville, GA 30677. Town of North High Shoals ...... North High Shoals Town Hall, 260 Hillsboro Road, Bishop, GA 30621. Unincorporated Areas of Oconee County ...... Oconee County Code Enforcement, 1291 Greensboro Highway, Room A108, Watkinsville, GA 30677.
Baltimore County, Maryland (Unincorporated Areas) Project: 11–03–2204S Preliminary Date: August 12, 2020
Unincorporated Areas of Baltimore County ...... Baltimore County Office Building, 111 West Chesapeake Avenue, Room 205, Towson, MD 21204.
Washington County, Mississippi and Incorporated Areas Project: 20–04–0045S Preliminary Date: December 30, 2020
City of Greenville ...... City Hall, Planning Department, 340 Main Street, Greenville, MS 38701. Unincorporated Areas of Washington County ...... Washington County Planning Department, 900 Washington Avenue, Greenville, MS 38701.
[FR Doc. 2021–10901 Filed 5–21–21; 8:45 am] Flood Insurance Study (FIS) reports for prelimdownload and the respective BILLING CODE 9110–12–P the communities listed in the table Community Map Repository address below. The purpose of this notice is to listed in the tables below. Additionally, seek general information and comment the current effective FIRM and FIS DEPARTMENT OF HOMELAND regarding the preliminary FIRM, and report for each community are SECURITY where applicable, the FIS report that the accessible online through the FEMA Federal Emergency Management Agency Map Service Center at https:// Federal Emergency Management (FEMA) has provided to the affected msc.fema.gov for comparison. Agency communities. The FIRM and FIS report You may submit comments, identified [Docket ID FEMA–2021–0002; Internal are the basis of the floodplain by Docket No. FEMA–B–2134, to Rick Agency Docket No. FEMA–B–2134] management measures that the Sacbibit, Chief, Engineering Services community is required either to adopt Branch, Federal Insurance and Proposed Flood Hazard or to show evidence of having in effect Mitigation Administration, FEMA, 400 Determinations in order to qualify or remain qualified C Street SW, Washington, DC 20472, for participation in the National Flood (202) 646–7659, or (email) AGENCY: Federal Emergency Insurance Program (NFIP). In addition, [email protected]. Management Agency, Department of the FIRM and FIS report, once effective, FOR FURTHER INFORMATION CONTACT: Rick Homeland Security. will be used by insurance agents and Sacbibit, Chief, Engineering Services ACTION: Notice. others to calculate appropriate flood Branch, Federal Insurance and insurance premium rates for new SUMMARY: Comments are requested on Mitigation Administration, FEMA, 400 proposed flood hazard determinations, buildings and the contents of those C Street SW, Washington, DC 20472, which may include additions or buildings. (202) 646–7659, or (email) modifications of any Base Flood DATES: Comments are to be submitted [email protected]; or visit Elevation (BFE), base flood depth, on or before August 23, 2021. the FEMA Mapping and Insurance Special Flood Hazard Area (SFHA) ADDRESSES: The Preliminary FIRM, and eXchange (FMIX) online at https:// _ boundary or zone designation, or where applicable, the FIS report for www.floodmaps.fema.gov/fhm/fmx regulatory floodway on the Flood each community are available for main.html. Insurance Rate Maps (FIRMs), and inspection at both the online location SUPPLEMENTARY INFORMATION: FEMA where applicable, in the supporting https://hazards.fema.gov/femaportal/ proposes to make flood hazard
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27871
determinations for each community request for reconsideration of the The watersheds and/or communities listed below, in accordance with section revised flood hazard information shown affected are listed in the tables below. 110 of the Flood Disaster Protection Act on the Preliminary FIRM and FIS report The Preliminary FIRM, and where of 1973, 42 U.S.C. 4104, and 44 CFR that satisfies the data requirements applicable, FIS report for each 67.4(a). outlined in 44 CFR 67.6(b) is considered community are available for inspection These proposed flood hazard an appeal. Comments unrelated to the at both the online location https:// determinations, together with the flood hazard determinations also will be hazards.fema.gov/femaportal/prelim floodplain management criteria required considered before the FIRM and FIS download and the respective by 44 CFR 60.3, are the minimum that report become effective. Community Map Repository address are required. They should not be listed in the tables. For communities construed to mean that the community Use of a Scientific Resolution Panel must change any existing ordinances (SRP) is available to communities in with multiple ongoing Preliminary that are more stringent in their support of the appeal resolution studies, the studies can be identified by floodplain management requirements. process. SRPs are independent panels of the unique project number and The community may at any time enact experts in hydrology, hydraulics, and Preliminary FIRM date listed in the stricter requirements of its own or other pertinent sciences established to tables. Additionally, the current pursuant to policies established by other review conflicting scientific and effective FIRM and FIS report for each Federal, State, or regional entities. technical data and provide community are accessible online These flood hazard determinations are recommendations for resolution. Use of through the FEMA Map Service Center used to meet the floodplain the SRP only may be exercised after at https://msc.fema.gov for comparison. management requirements of the NFIP FEMA and local communities have been engaged in a collaborative consultation (Catalog of Federal Domestic Assistance No. and are used to calculate the 97.022, ‘‘Flood Insurance.’’) appropriate flood insurance premium process for at least 60 days without a rates for new buildings built after the mutually acceptable resolution of an Michael M. Grimm, FIRM and FIS report become effective. appeal. Additional information Assistant Administrator for Risk The communities affected by the regarding the SRP process can be found Management, Department of Homeland flood hazard determinations are online at https://www.floodsrp.org/pdfs/ Security, Federal Emergency Management provided in the tables below. Any srp_overview.pdf. Agency.
Community Community map repository address
Daviess County, Kentucky and Incorporated Areas Project: 16–04–8580S Preliminary Date: November 12, 2020
City of Owensboro ...... Owensboro Metropolitan Planning Commission, 200 East 3rd Street, Owensboro, KY 42302. Unincorporated Areas of Daviess County ...... Owensboro Metropolitan Planning Commission, 200 East 3rd Street, Owensboro, KY 42302.
McLean County, Kentucky and Incorporated Areas Project: 16–04–8580S Preliminary Date: November 12, 2020
City of Calhoun ...... McLean County Courthouse, 210 Main Street, Calhoun, KY 42327. City of Livermore ...... City Hall, 105 West 3rd Street, Livermore, KY 42352. Unincorporated Areas of McLean County ...... McLean County Courthouse, 210 Main Street, Calhoun, KY 42327.
Ohio County, Kentucky and Incorporated Areas Project: 16–04–8580S Preliminary Date: November 12, 2020
Unincorporated Areas of Ohio County ...... Ohio County Community Center, 130 East Washington Street, Hartford, KY 42347.
Webster County, Kentucky and Incorporated Areas Project: 16–04–8580S Preliminary Date: November 12, 2020
City of Sebree ...... Municipal Building, 36 Veterans Way, Sebree, KY 42455. Unincorporated Areas of Webster County ...... Webster County Courthouse, 25 U.S. Highway 41–A South, Dixon, KY 42409.
City of Alexandria, Virginia (Independent City) Project: 14–03–3327S Preliminary Date: September 30, 2020
City of Alexandria ...... City Hall, 301 King Street, Room 4130, Alexandria, VA 22314.
Arlington County, Virginia (All Jurisdictions) Project: 14–03–3327S Preliminary Date: September 18, 2020
Unincorporated Areas of Arlington County ...... Arlington County Department of Environmental Services, 2100 Clarendon Boulevard, Suite 705, Arlington, VA 22201.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27872 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
Community Community map repository address
City of Falls Church, Virginia (Independent City) Project: 14–03–3327S Preliminary Date: September 18, 2020
City of Falls Church ...... Public Works Building, 300 Park Avenue, Suite 100 West, Falls Church, VA 22046.
[FR Doc. 2021–10902 Filed 5–21–21; 8:45 am] dates listed in the table below and submitted to the Chief Executive Officer BILLING CODE 9110–12–P revise the FIRM panels and FIS report of the community as listed in the table in effect prior to this determination for below. the listed communities. The modifications are made pursuant DEPARTMENT OF HOMELAND From the date of the second to section 201 of the Flood Disaster SECURITY publication of notification of these Protection Act of 1973, 42 U.S.C. 4105, changes in a newspaper of local and are in accordance with the National Federal Emergency Management circulation, any person has 90 days in Flood Insurance Act of 1968, 42 U.S.C. Agency which to request through the 4001 et seq., and with 44 CFR part 65. [Docket ID FEMA–2021–0002; Internal community that the Deputy Associate The FIRM and FIS report are the basis Agency Docket No. FEMA–B–2136] Administrator for Insurance and of the floodplain management measures Mitigation reconsider the changes. The that the community is required either to Changes in Flood Hazard flood hazard determination information adopt or to show evidence of having in Determinations may be changed during the 90-day effect in order to qualify or remain period. qualified for participation in the AGENCY: Federal Emergency Management Agency, Department of ADDRESSES: The affected communities National Flood Insurance Program Homeland Security. are listed in the table below. Revised (NFIP). flood hazard information for each These flood hazard determinations, ACTION: Notice. community is available for inspection at together with the floodplain SUMMARY: This notice lists communities both the online location and the management criteria required by 44 CFR where the addition or modification of respective community map repository 60.3, are the minimum that are required. Base Flood Elevations (BFEs), base flood address listed in the table below. They should not be construed to mean depths, Special Flood Hazard Area Additionally, the current effective FIRM that the community must change any (SFHA) boundaries or zone and FIS report for each community are existing ordinances that are more designations, or the regulatory floodway accessible online through the FEMA stringent in their floodplain (hereinafter referred to as flood hazard Map Service Center at https:// management requirements. The determinations), as shown on the Flood msc.fema.gov for comparison. community may at any time enact Insurance Rate Maps (FIRMs), and Submit comments and/or appeals to stricter requirements of its own or where applicable, in the supporting the Chief Executive Officer of the pursuant to policies established by other Flood Insurance Study (FIS) reports, community as listed in the table below. Federal, State, or regional entities. The prepared by the Federal Emergency FOR FURTHER INFORMATION CONTACT: Rick flood hazard determinations are in Management Agency (FEMA) for each Sacbibit, Chief, Engineering Services accordance with 44 CFR 65.4. community, is appropriate because of Branch, Federal Insurance and The affected communities are listed in new scientific or technical data. The Mitigation Administration, FEMA, 400 the following table. Flood hazard FIRM, and where applicable, portions of C Street SW, Washington, DC 20472, determination information for each the FIS report, have been revised to (202) 646–7659, or (email) community is available for inspection at reflect these flood hazard [email protected]; or visit both the online location and the determinations through issuance of a the FEMA Mapping and Insurance respective community map repository Letter of Map Revision (LOMR), in eXchange (FMIX) online at https:// address listed in the table below. accordance with Federal Regulations. www.floodmaps.fema.gov/fhm/fmx_ Additionally, the current effective FIRM The LOMR will be used by insurance main.html. and FIS report for each community are accessible online through the FEMA agents and others to calculate SUPPLEMENTARY INFORMATION: The appropriate flood insurance premium Map Service Center at https:// specific flood hazard determinations are msc.fema.gov for comparison. rates for new buildings and the contents not described for each community in of those buildings. For rating purposes, this notice. However, the online (Catalog of Federal Domestic Assistance No. the currently effective community location and local community map 97.022, ‘‘Flood Insurance.’’) number is shown in the table below and repository address where the flood Michael M. Grimm, must be used for all new policies and hazard determination information is renewals. Assistant Administrator for Risk available for inspection is provided. Management, Department of Homeland DATES: These flood hazard Any request for reconsideration of Security, Federal Emergency Management determinations will be finalized on the flood hazard determinations must be Agency.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27873
Location and Chief executive officer Community map Online location of letter Date of Community State and county case No. of community repository of map revision modification No.
Alabama: Calhoun ...... City of Oxford The Honorable Alton Public Works Department, https://msc.fema.gov/portal/ Aug. 28, 2021 .... 010023 (20–04– Craft, Mayor, City of 42 Public Works Drive, advanceSearch. 1850P). Oxford, P.O. Box 3383, Oxford, AL 36203. Oxford, AL 36203. Lee ...... City of Auburn The Honorable Ron City Hall, 144 Tichenor https://msc.fema.gov/portal/ Aug. 20, 2021 .... 010144 (20–04– Anders, Jr., Mayor, City Avenue, Auburn, AL advanceSearch. 4301P). of Auburn, 144 36830. Tichenor Avenue, Suite 1, Auburn, AL 36830. Lee ...... City of Opelika The Honorable Gary Public Works Department, https://msc.fema.gov/portal/ Aug. 20, 2021 .... 010145 (20–04– Fuller, Mayor, City of 700 Fox Trail, Opelika, advanceSearch. 2856P). Opelika, P.O. Box 390, AL 36803. Opelika, AL 36803. Lee ...... Unincorporated The Honorable Bill Lee County Building In- https://msc.fema.gov/portal/ Aug. 20, 2021 .... 010250 areas of Lee English, Chairman, Lee spection Department, advanceSearch. County (20– County Commission, 100 Orr Avenue, 04–4301P). P.O. Box 666, Opelika, Opelika, AL 36804. AL 36803. Shelby ...... City of Helena The Honorable J. Brian City Hall, 816 Highway 52 https://msc.fema.gov/poral/ Aug. 23, 2021 .... 010294 (21–04– Puckett, Mayor, City of East, Helena, AL advanceSearch. 0379P). Helena, 846 Highway 35080. 52 East, Helena, AL 35080. St. Clair ...... City of Margaret The Honorable Jeffery G. St. Clair County Flood https://msc.fema.gov/portal/ Aug. 20, 2021 .... 010393 (20–04– Wilson, Mayor, City of Management Depart- advanceSearch. 4313P). Margaret, P.O. Box ment, 165 5th Avenue, 100, Margaret, AL Suite 100, Ashville, AL 35953. 35953. St. Clair ...... Unincorporated The Honorable Paul Man- St. Clair County Flood https://msc.fema.gov/portal/ Aug. 20, 2021 .... 010290 areas of St. ning, Chairman, St. Management Depart- advanceSearch. Clair County Clair County Commis- ment, 165 5th Avenue, (20–04– sion, 165 5th Avenue, Suite 100, Ashville, AL 4313P). Suite 100, Ashville, AL 35953. 35953. Colorado: Arapahoe ...... City of Aurora The Honorable Mike Coff- Engineering Department, https://msc.fema.gov/portal/ Aug. 27, 2021 .... 080002 (21–08– man, Mayor, City of Au- 15151 East Alameda advanceSearch. 0025P). rora, 15151 East Ala- Parkway, Aurora, CO meda Parkway, Aurora, 80012. CO 80012. Arapahoe ...... Unincorporated The Honorable Nancy Arapahoe County Public https://msc.fema.gov/portal/ Aug. 27, 2021 .... 080011 areas of Jackson, Chair, Works and Develop- advanceSearch. Arapahoe Arapahoe County Board ment Department, 6924 County (21– of Commissioners, South Lima Street, 08–0025P). 5334 South Prince Centennial, CO 80112. Street, Littleton, CO 80120. Jefferson ...... City of Arvada The Honorable Marc Wil- Engineering Division, https://msc.fema.gov/portal/ Aug. 13, 2021 .... 085072 (20–08– liams, Mayor, City of 8101 Ralston Road, Ar- advanceSearch. 0711P). Arvada, 8101 Ralston vada, CO 80002. Road, Arvada, CO 80002. Weld ...... City of Windsor The Honorable Paul City Hall, 301 Walnut https://msc.fema.gov/portal/ Aug. 30, 2021 .... 080264 (21–08– Rennemeyer, Mayor, Street, Windsor, CO advanceSearch. 0099P). Town of Windsor, 301 80550. Walnut Street, Windsor, CO 80550. Weld ...... Unincorporated The Honorable Steve Weld County Administra- https://msc.fema.gov/portal/ Aug. 30, 2021 .... 080266 areas of Weld Moreno, Chairman, tion Building, 1150 O advanceSearch. County (21– Weld County Board of Street, Greeley, CO 08–0099P). Commissioners, P.O. 80631. Box 758, Greeley, CO 80631. Connecticut: New Town of Water- The Honorable Robert J. Town Hall, 15 Rope Ferry https://msc.fema.gov/portal/ Aug. 6, 2021 ...... 090107 London. ford (20–01– Brule, First Selectman, Road, Waterford, CT advanceSearch. 1005P). Town of Waterford, 06385. Board of Selectmen, 15 Rope Ferry Road, Wa- terford, CT 06385. Delaware: Sussex ...... City of Seaford The Honorable David City Hall, 414 High Street, https://msc.fema.gov/portal/ Aug. 18, 2021 .... 100048 (20–03– Genshaw, Mayor, City Seaford, DE 19973. advanceSearch. 1397P). of Seaford, P.O. Box 1100, Seaford, DE 19973. Sussex ...... Unincorporated The Honorable Michael H. Sussex County Adminis- https://msc.fema.gov/portal/ Aug. 18, 2021 .... 100029 areas of Sus- Vincent, President, Sus- trative Building, 2 The advanceSearch. sex County sex County Council, Circle, Georgetown, DE (20–03– P.O. Box 589, George- 19947. 1397P). town, DE 19947. Florida:
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27874 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
Location and Chief executive officer Community map Online location of letter Date of Community State and county case No. of community repository of map revision modification No.
Marion ...... City of Ocala The Honorable Kent Building Department, 110 https://msc.fema.gov/portal/ Aug. 20, 2021 .... 120330 (20–04– Guinn, Mayor, City of Southeast Watula Ave- advanceSearch. 4466P). Ocala, 110 Southeast nue, Ocala, FL 34471. Watula Avenue, Ocala, FL 34471. Pinellas ...... Town of Belleair Mr. J.P. Murphy, Man- Building Department, 901 https://msc.fema.gov/portal/ Aug. 5, 2021 ...... 125088 (21–04– ager, Town of Belleair, Ponce de Leon Boule- advanceSearch. 0918P). 901 Ponce de Leon vard, Belleair, FL Boulevard, Belleair, FL 33756. 33756. Georgia: Columbia Unincorporated The Honorable Douglas Columbia County Engi- https://msc.fema.gov/portal/ Aug. 19, 2021 .... 130059 areas of Co- Duncan, Chairman, Co- neering Services De- advanceSearch. lumbia County lumbia County Board of partment, 630 Ronald (21–04– Commissioners, P.O. Reagan Drive, Building 0847P). Box 498, Evans, GA A, Evans, GA 30809. 30809. Maryland: Howard Unincorporated The Honorable Calvin Howard County https://msc.fema.gov/portal/ Aug. 20, 2021 .... 240044 areas of How- Ball, Howard County Stormwater Manage- advanceSearch. ard County Executive, 3430 Court ment Division, Bureau (21–03– House Drive, Ellicott of Environmental Serv- 0437P). City, MD 21043. ices, 9801 Broken Land Parkway, Columbia, MD 21046. New Mexico: Unincorporated The Honorable Charlene Bernalillo County Public https://msc.fema.gov/portal/ Aug. 27, 2021 .... 350001 Bernalillo. areas of E. Pyskoty, Chair, Works Department, advanceSearch. Bernalillo Bernalillo County Board 2400 Broadway Boule- County (20– of Commissioners, 1 vard, Albuquerque, NM 06–2787P). Civic Plaza Northwest, 87102. Albuquerque, NM 87102. North Carolina: Or- City of Mebane The Honorable Ed Hooks, Planning Department, 106 https://msc.fema.gov/portal/ Jul. 15, 2021 ...... 370390 ange. (21–04– Mayor, City of Mebane, East Washington advanceSearch. 0010P). 106 East Washington Street, Mebane, NC Street, Mebane, NC 27302. 27302. Pennsylvania: Lackawanna ... Borough of The Honorable Robert W. Borough Hall, 901 Enter- https://msc.fema.gov/portal/ Aug. 23, 2021 .... 420528 Dickson City MacCallum, Mayor, prise Street, Dickson advanceSearch. (21–03– Borough of Dickson City, PA 18519. 0435P). City, 901 Enterprise Street, Dickson City, PA 18519. Lackawanna ... Borough of Mos- The Honorable Arthur Borough Hall, 123 Van https://msc.fema.gov/portal/ Aug. 23, 2021 .... 420534 cow (21–03– Pencek, President, Bor- Brunt Street, Moscow, advanceSearch. 0435P). ough of Moscow Coun- PA 18444. cil, 123 Van Brunt Street, Moscow, PA 18444. Lackawanna ... Borough of The Honorable John Borough Hall, 113 Willow https://msc.fema.gov/portal/ Aug. 23, 2021 .... 420536 Olyphant (21– Sedlak, Jr., Mayor, Bor- Avenue, Olyphant, PA advanceSearch. 03–0435P). ough of Olyphant, 113 18447. Willow Avenue, Olyphant, PA 18447. Lackawanna ... Township of Clif- The Honorable Theodore Township Hall, 361 State https://msc.fema.gov/portal/ Aug. 23, 2021 .... 421751 ton (21–03– Stout, Chairman, Town- Road 435, Clifton, PA advanceSearch. 0435P). ship of Clifton Board of 18424. Supervisors, 361 State Road 435, Clifton, PA 18424. Montgomery ... Township of Mr. Anthony Hamaday, Township Hall, 175 West https://msc.fema.gov/portal/ Aug. 23, 2021 .... 420957 Upper Merion Manager, Township of Valley Forge Road, advanceSearch. (20–03– Upper Merion, 175 King of Prussia, PA 1496P). West Valley Forge 19406. Road, King of Prussia, PA 19406. Texas: Collin ...... City of Murphy The Honorable Scott City Hall, 206 North Mur- https://msc.fema.gov/portal/ Aug. 23, 2021 .... 480137 (20–06– Bradley, Mayor, City of phy Road, Murphy, TX advanceSearch. 3201P). Murphy, 206 North Mur- 75094. phy Road, Murphy, TX 75094. Denton and City of Fort The Honorable Betsy Transportation and Public https://msc.fema.gov/portal/ Aug. 16, 2021 .... 480596 Tarrant. Worth (21–06– Price, Mayor, City of Works Department, En- advanceSearch. 0261P). Fort Worth, 200 Texas gineering Vault, 200 Street, Fort Worth, TX Texas Street, Fort 76102. Worth, TX 76102. Guadalupe ..... City of Seguin The Honorable Donna City Hall, 205 North River https://msc.fema.gov/portal/ Aug. 19, 2021 .... 485508 (20–06– Dodgen, Mayor, City of Street, Seguin, TX advanceSearch. 3659P). Seguin, 205 North River 78155. Street, Seguin, TX 78155.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27875
Location and Chief executive officer Community map Online location of letter Date of Community State and county case No. of community repository of map revision modification No.
Guadalupe ..... Unincorporated The Honorable Kyle Guadalupe County Engi- https://msc.fema.gov/portal/ Aug. 19, 2021 .... 480266 areas of Gua- Kutscher, Guadalupe neering Department, advanceSearch. dalupe County County Judge, 211 2605 North Guadalupe (20–06– West Court Street, Street, Seguin, TX 3659P). Seguin, TX 78155. 78155. Harris ...... Unincorporated The Honorable Lina Hi- Harris County Permit Of- https://msc.fema.gov/portal/ Aug. 23, 2021 .... 480287 areas of Harris dalgo, Harris County fice, 1005 Northwest advanceSearch. County (20– Judge, 1001 Preston Freeway, Suite 120, 06–3120P). Street, Suite 911, Hous- Houston, TX 77092. ton, TX 77002. Rockwall ...... City of Royse The Honorable Clay Ellis, Engineering Department, https://msc.fema.gov/portal/ Aug. 13, 2021 .... 480548 City (20–06– Mayor, City of Royse 305 North Arch Street, advanceSearch. 3180P). City, 305 North Arch Royse City, TX 75189. Street, Royse City, TX 75189.
[FR Doc. 2021–10900 Filed 5–21–21; 8:45 am] provide a list to the public of the an ITP to conduct activities such as BILLING CODE 9110–12–P permits issued under section 10(a)(1)(A) residential and commercial and 10(a)(1)(B) of the ESA. With some development, infrastructure exceptions, the ESA prohibits take of development or maintenance, and DEPARTMENT OF THE INTERIOR listed species unless a Federal permit is energy development projects that range issued that authorizes the taking, or the in scale from small to landscape-level Fish and Wildlife Service take is exempted through section 7 of planning efforts. [FWS–HQ–ES–2021–N023; FF09E41000 212 the ESA. Under section 10(a)(1)(A) of The permits associated with SHAs, FXES11130900000] the ESA, we issue enhancement of CCAAs, HCPs, and recovery activities survival permits in conjunction with that we issued between January 1 and Endangered and Threatened Species; candidate conservation agreements with December 31, 2020, are listed in the Issuance of Enhancement of Survival assurances (CCAAs) and safe harbor tables below. and Incidental Take Permits for Safe agreements (SHAs). Section 10(a)(1)(A) Under section 10(a)(1)(A), we issued Harbor Agreements, Candidate also authorizes recovery permits. each permit only after we determined Conservation Agreements, Habitat Section 10(a)(1)(B) permits authorize that it was applied for in good faith, that Conservation Plans, and Recovery take of listed species incidental to granting the permit would not be to the Activities, January 1, 2020, Through otherwise lawful activities associated disadvantage of the listed species, or to December 31, 2020 with habitat conservation plans (HCPs). the unlisted species should it be listed; We provide this list to the public as a that the proposed activities would AGENCY: Fish and Wildlife Service, summary of our permit issuances for Interior. benefit the recovery or the enhancement CCAAs, SHAs, HCPs, and recovery of survival of the species; and that the ACTION: Notice. permits for calendar year 2020. terms and conditions of the permits SUMMARY: We, the U.S. Fish and Background were consistent with the purposes and policy set forth in the ESA. Under Wildlife Service, in accordance with the Under the authority of section section 10(a)(1)(B), we issued permits Endangered Species Act (ESA), provide 10(a)(1)(A) of the ESA, we have issued only after we determined that the a list to the public of permits issued enhancement of survival permits to applicant is eligible and has submitted under the ESA. With some exceptions, conduct activities that provide a a complete application and HCP that the ESA prohibits take of listed species conservation benefit for endangered or fully meets the permit issuance criteria unless a Federal permit is issued that threatened species, or for unlisted consistent with section 10(a)(2)(B). authorizes or exempts the taking under species should they become listed in the the ESA. We provide this list to the future, in response to permit Permits Issued public as a summary of our permit applications that we received in Hawaii, Idaho, Oregon (Except for the issuances for candidate conservation conjunction with a SHA or a CCAA. Klamath Basin), Washington, American agreements with assurances, safe harbor Recovery permits have been issued Samoa, Commonwealth of the Northern agreements, habitat conservation plans, under ESA section 10(a)(1)(A) to allow Mariana Islands, Guam, and the Pacific and recovery activities for calendar year for take as part of activities intended to Trust Territories 2020. foster the recovery of listed species, FOR FURTHER INFORMATION CONTACT: For typically for scientific research in order The following permits, sorted in the general information about the ESA to understand better the species’ long- table below by type of permit or permit process, contact Amanda term survival needs. agreement and date issued, were issued Murnane, via phone at 703–358– Under ESA section 10(a)(1)(B), we by the Regional office responsible for 2469,viaemailatamanda_murnane@ may issue permits for any taking section 10 permitting in the States and fws.gov,or via the Federal Relay Service otherwise prohibited by ESA section 9 territories listed above. at 800–877–8339. For information on if such taking is incidental to, and not specific permits, see the contact the purpose of, carrying out an HCPs, CCAAs, and SHAs information below in Permits Issued. otherwise lawful activity (known as an For more information about any of the SUPPLEMENTARY INFORMATION: We, the incidental take permit (ITP)) and the following HCP, CCAA, or SHA permits, U.S. Fish and Wildlife Service, in permit applicant submits a habitat contact the field office that issued the accordance with section 10(d) of the conservation plan (HCP) that meets the permit by telephone at the appropriate Endangered Species Act of 1973 (ESA; permit issuance criteria under section telephone number: Oregon Fish and 16 U.S.C. 1531 et seq.), as amended, 10(a)(2)(B). Typically, applicants seek Wildlife Office (OR): 503–231–6179;
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27876 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
Washington Fish and Wildlife Office Recovery Permits contact the Recovery Permit Coordinator (WA): 360–753–9440; Pacific Islands For more information about any of the by email at [email protected] or by (HI): 808–792–9400. recovery permits in the following table, telephone at 503–231–6131.
Date issued Permit No. Permit type Permittee and state Plan or agreement name
TE–074138D– HCP ...... Hawaii Department of Trans- 5/26/2020 Kauai Seabird Habitat Conservation Plan. 0. portation. HI TE–074389D– HCP ...... Kauai Coffee Company, LLC 5/26/2020 Kauai Seabird Habitat Conservation Plan. 0. HI TE–074390D– HCP ...... NCL (Bahamas) LTD ...... 6/10/2020 Kauai Seabird Habitat Conservation Plan. 0. HI TE–074391D– HCP ...... County of Kauai ...... 5/26/2020 Kauai Seabird Habitat Conservation Plan. 0. HI TE–074392D– HCP ...... SOF–XI Kauai PV Hotel LP 5/26/2020 Kauai Seabird Habitat Conservation Plan. 0. HI TE–074393D– HCP ...... Essex House Condominium 5/26/2020 Kauai Seabird Habitat Conservation Plan. 0. Corporation. HI TE–074394D– HCP ...... Kauai Blue Inc, dba Sher- 5/26/2020 Kauai Seabird Habitat Conservation Plan. 0. aton Kauai. HI TE–074388D– HCP ...... Alexander & Baldwin Inc ..... 6/10/2020 Kauai Seabird Habitat Conservation Plan. 0. HI TE–013242D– HCP ...... Skookumchuck Wind En- 2/5/2020 Skookumchuck Wind Energy Project Habitat Conserva- 0. ergy, LLC. WA tion Plan. TE–089773D– HCP ...... Arnold Irrigation District ...... 12/31/2020OR Deschutes Basin Habitat Conservation Plan. 0. TE–067596D– HCP ...... Duane DeChaux ...... 5/15/2020 DeChaux Habitat Conservation Plan for the Yelm Sub- 0. WA species of the Mazama Pocket Gopher, Thurston County, Washington. TE–081283D– HCP ...... Puget Sound Energy ...... 9/21/2020 Habitat Conservation Plan for Taylor’s checkerspot but- 0. WA terfly and three subspecies of the Mazama pocket go- pher, Puget Sound Energy in Thurston County, Wash- ington. TE–067749D– SHA ...... Lincoln Soil and Water Con- 12/15/2020 Safe Harbor Agreement for Oregon Silverspot Butterfly 0. servation District. OR Central Coast Populations in Lane County, Oregon. TE–074135D– SHA ...... David T. Ketrenos ...... 4/14/2020 Template Safe Harbor Agreement for Columbia Basin 0. WA Pygmy Rabbit. TE–076161D– CCAA ...... Pacific West Timber Co. (Or- 6/8/2020 Template CCAA for Fisher in Oregon. 0. egon). OR TE–076163D– CCAA ...... Franklin-Clarkson Timber 6/8/2020 Template CCAA for Fisher in Oregon. 0. Co., LLC. OR TE–079857D– CCAA ...... Siskiyou Timberlands LLC ... 8/26/2020 Template CCAA for Fisher in Oregon. 0. OR TE–798744–9 Recovery ...... Kootenai Tribe of Idaho ...... 1/29/2020 N/A. TE–025955C .. Recovery ...... Price, Melissa R ...... 2/12/2020 N/A. TE–050644 ..... Recovery ...... Washington Department of 2/24/2020 N/A. Fish and Wildlife. TE–049208B .. Recovery ...... Summers, Tammy M ...... 3/9/2020 N/A. TE–094776A .. Recovery ...... Idaho Cooperative Fish and 3/9/2020 N/A. Wildlife Research Unit. TE–008598C .. Recovery ...... The Institute for Bird Popu- 4/9/2020 N/A. lations. TE–136964 ..... Recovery ...... Washington Department of 4/16/2020 N/A. Natural Resources. TE–081239B .. Recovery ...... Washington Department of 4/16/2020 N/A. Natural Resources. TE–071541A .. Recovery ...... Confederated Tribes of 4/16/2020 N/A. Warm Springs. TE–739923 ..... Recovery ...... Hawaii Volcanoes National 5/1/2020 N/A. Park. TE–064022A .. Recovery ...... Confederated Tribes of 5/1/2020 N/A. Warm Springs. TE–055327D .. Recovery ...... U.S. Forest Service ...... 5/7/2020 N/A. TE–069838D .. Recovery ...... Shoshone-Bannock Tribes .. 5/11/2020 N/A. TE–227268 ..... Recovery ...... Columbia River Inter-Tribal 5/11/2020 N/A. Fish Commission. TE–002670A .. Recovery ...... Robertson, Ian C ...... 5/20/2020 N/A. TE–066355D .. Recovery ...... U.S. Geological Survey ...... 5/22/2020 N/A. TE–074340D .. Recovery ...... National Council for Air and 5/26/2020 N/A. Stream Improvement, Inc. TE–075138D .. Recovery ...... Idaho State University ...... 5/27/2020 N/A. TE–022702C .. Recovery ...... Intermountain Bird Observ- 6/10/2020 N/A. atory. TE–005885 ..... Recovery ...... Seattle City Light ...... 6/10/2020 N/A.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27877
Date issued Permit No. Permit type Permittee and state Plan or agreement name
TE–067157D .. Recovery ...... Oregon State University ...... 6/22/2020 N/A. TE–071611D .. Recovery ...... Lesica, Peter C ...... 6/24/2020 N/A. TE–077073D .. Recovery ...... Choudhury, Anindo ...... 6/26/2020 N/A. TE–048278D .. Recovery ...... Archipelago Research and 9/17/2020 N/A. Conservation. TE–066445D .. Recovery ...... Redman, Jessica B ...... 10/15/2020 N/A. TE–071614D .. Recovery ...... Hawaii Marine Mammal Alli- 10/27/2020 N/A. ance, Inc.. TE–826600 ..... Recovery ...... Price, Melissa R ...... 10/29/2020 N/A. TE–072088A .. Recovery ...... NOAA Pacific Islands Fish- 11/20/2020 N/A. eries Science Center. TE–019045C .. Recovery ...... Hawaii Department of Land 12/2/2020 N/A. and Natural Resources. TE–040123A .. Recovery ...... U.S. Army Garrison— 12/3/2020 N/A. Pohakuloa Training Area. TE–077753D .. Recovery ...... Ocean Rescue Foundation .. 12/3/2020 N/A. TE–048278D .. Recovery ...... Archipelago Research and 12/9/2020 N/A Conservation.
Arizona, New Mexico, Oklahoma, and HCPs and CCAAs Recovery Permits Texas For more information about any of the For more information about any of the The following permits, sorted in the following HCP or CCAA permits, following recovery permits, contact the table below by type of permit or contact the HCP or CCAA Permit Recovery Permit Coordinator by email at agreement and date issued, were issued Coordinator by email at FW2_HCP_ [email protected] or by telephone at by the Regional office responsible for section 10 permitting in the States listed [email protected] or by telephone at 505– 505–248–6649. above. 248–6651.
Permit No. Permit type Permittee Date issued Plan or agreement name
TE–60265B–2 HCP ...... Mike Austin, Vice President 1/14/2020 Amendment to the Oil and Gas Industry Conservation of Operations, Contango Plan. Resources. TE–59403D–0 HCP ...... Mark T. Cunningham, Senior 1/14/2020 Amendment to the Oil and Gas Industry Conservation Vice President, Cushing Plan. Connect Pipeline Hold- ings, LLC. TE–35947D–0 HCP ...... Alan S. Rudeck, Jr ...... 1/28/2020 Diamond Spring Wind Project. TE–13632C–1 HCP ...... Michael Rucker, Manager, 2/19/2020 Heart of Texas Wind. Scout Clean Energy LLC. TE–49742B–0 HCP ...... Jay Prudhomme-Vice Presi- 7/2/2020 Amendment to the Oil and Gas Industry Conservation dent Operations, Merit En- Plan. ergy Company, LLC. TE–34898D–0 HCP ...... Governor J. Michael 10/6/2020 Low-Effect Habitat Conservation Plan for the Four Cor- Chavarria, Pueblo of ners Water Development Project, Pueblo of Santa Santa Clara. Clara, Rio Arriba County, New Mexico. TE–75109D–0 HCP ...... Tommy Peak, Hughes 11/30/2020 Habitat Conservation Plan for NS–374 Bridge Over Lead- County District No. 3. er Creek Local No. 048–D3. TE–82379D–0 HCP ...... Chad Norris, Texas Parks 10/29/2020 Low-Effect Habitat Conservation Plan for Balmorhea and Wildlife Department. State Park Management Plan, Texas Parks and Wild- life Department. TE–55322A–2 CCAA ...... Gene Richardson, American 9/20/2020 Transfer of the Texas Conservation Plan for Dunes Conservation Foundation. Sagebrush Lizard. TE–066229 ..... Recovery ...... Whitenton Group, Inc ...... 12/7/2020 N/A. TE–799103 ..... Recovery ...... Hicks & Company ...... 11/9/2020 N/A. TE–776123 ..... Recovery ...... Texas A & M University— 10/29/2020 N/A. Galveston. TE–087759D .. Recovery ...... GEI Consultants Inc ...... 11/10/2020 N/A. TE–181762 ..... Recovery ...... Sea Turtle, Inc ...... 11/4/2020 N/A. TE–068530D .. Recovery ...... Devitt, Thomas James ...... 10/6/2020 N/A. TE–821356 ..... Recovery ...... U.S. Geological Survey— 12/10/2020 N/A. Grand Canyon Monitoring & Research Center. TE–840727 ..... Recovery ...... National Park Service ...... 12/4/2020 N/A. TE–083109D .. Recovery ...... Byrd, Chase C ...... 11/4/2020 N/A. TE–081979D .. Recovery ...... Collins, Dr. Scott F ...... 10/6/2020 N/A. TE–082008D .. Recovery ...... Mcdorman, Joshua Colt ...... 11/4/2020 N/A. TE–040886B .. Recovery ...... Zahratka, Jennifer L ...... 8/21/2020 N/A. TE–794593 ..... Recovery ...... Texas State Aquarium ...... 8/18/2020 N/A. TE–086559 ..... Recovery ...... Jones, Ricky Lee ...... 11/20/2020 N/A.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27878 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
Permit No. Permit type Permittee Date issued Plan or agreement name
TE–032428C .. Recovery ...... Habitat Management Inc ..... 9/11/2020 N/A. TE–080520D .. Recovery ...... Bryant, Jennifer Ann ...... 11/20/2020 N/A. TE–064311A .. Recovery ...... Arizona Department of 9/11/2020 N/A. Emergency and Military Affairs. TE–063202B .. Recovery ...... Chambers, Carol L ...... 8/12/2020 N/A. TE–081148C .. Recovery ...... Beauregard, Nicholas David 10/30/2020 N/A. TE–079006D .. Recovery ...... Lazo, Walker G ...... 11/24/2020 N/A. TE–037780 ..... Recovery ...... Jewett Mining LLC ...... 12/18/2020 N/A. TE–081872D .. Recovery ...... Hucks, Katrina D ...... 11/4/2020 N/A. TE–022190 ..... Recovery ...... Arizona-Sonora Desert Mu- 12/31/2020 N/A. seum. TE–063195B .. Recovery ...... Stoner, Kathryn E ...... 6/3/2020 N/A. TE–027791B .. Recovery ...... National Park Service—Mon- 10/2/2020 N/A. tezuma Castle and Tuzigoot Monuments. TE–233205 ..... Recovery ...... Bonn, Thomas Dean ...... 9/9/2020 N/A. TE–833851 ..... Recovery ...... City of Austin—Watershed 7/21/2020 N/A. Protection Department. TE–052561B .. Recovery ...... Teague, Trevor N ...... 9/18/2020 N/A. TE–025816D .. Recovery ...... Jacobs Engineering Group .. 11/3/2020 N/A. TE–0195191 ... Recovery ...... Baer Engineering and Envi- 9/18/2020 N/A. ronmental Consulting, Inc. TE–091552 ..... Recovery ...... Homesley, Zane N ...... 9/18/2020 N/A. TE–054802B .. Recovery ...... Philips-Schaap, Megan Eliz- 9/18/2020 N/A. abeth. TE–058243B .. Recovery ...... Hill, Austin E ...... 9/18/2020 N/A. TE–075848D .. Recovery ...... Hudbay Minerals ...... 10/16/2020 N/A. TE–820730 ..... Recovery ...... New Mexico Energy, Min- 8/21/2020 N/A. erals & Natural Resources Department. TE–0676811 ... Recovery ...... U.S. Fish and Wildlife Serv- 5/30/2020 N/A. ice, Region 2. TE–054791 ..... Recovery ...... Marshall, Bryce L ...... 4/28/2020 N/A. TE–075601D .. Recovery ...... Horner, Kaitlyn Marie ...... 9/18/2020 N/A. TE–075678D .. Recovery ...... Sonoran Institute ...... 12/4/2020 N/A. TE–075679D .. Recovery ...... Ramirez, Alex ...... 6/8/2020 N/A. TE–085077A .. Recovery ...... Zara Environmental LLC ...... 5/28/2020 N/A. TE–043777A .. Recovery ...... Sea Life US, LLC ...... 9/30/2020 N/A. TE–064710A .. Recovery ...... Jackson, Jacob Thomas ...... 5/28/2020 N/A. TE–0830177 ... Recovery ...... University of Texas Marine 4/8/2020 N/A. Science Institute. TE–082067D .. Recovery ...... Hoback, William Wyatt ...... 8/18/2020 N/A. TE–022545B .. Recovery ...... Hanington, Michelle R ...... 11/4/2020 N/A. TE–063200B .. Recovery ...... Audubon Arizona ...... 10/16/2020 N/A. TE–042958 ..... Recovery ...... Southwest Research NP ..... 7/8/2020 N/A. TE–074315D .. Recovery ...... Hogue, Chaylum Harvey ..... 9/18/2020 N/A. TE–037418B .. Recovery ...... Brown and Gay Engineers, 6/3/2020 N/A. Inc. TE–081982D .. Recovery ...... Bohannon, Austin M.A ...... 8/19/2020 N/A. TE–024625A .. Recovery ...... Leonard, Wendy Jae ...... 6/11/2020 N/A. TE–0829995 ... Recovery ...... Dallas Zoo and Aquarium .... 6/22/2020 N/A. TE–037047A .. Recovery ...... Sea World of Texas LLC ..... 4/15/2020 N/A. TE–835139 ..... Recovery ...... Hawks Aloft, Inc ...... 6/17/2020 N/A. TE–146407 ..... Recovery ...... Belaire Environmental, Inc ... 6/9/2020 N/A. TE–071777D .. Recovery ...... Lisignoli, Jenny L ...... 6/30/2020 N/A. TE–074321D .. Recovery ...... Weaver, Sara Patricia ...... 5/28/2020 N/A. TE–028891A .. Recovery ...... Tristan, Timothy E ...... 7/9/2020 N/A. TE–084473 ..... Recovery ...... Pueblo of Santa Ana ...... 5/11/2020 N/A. TE–226653 ..... Recovery ...... Transition Zone Horticultural 10/19/2020 N/A. Institute Inc. TE–035147A .. Recovery ...... Newstead, David John ...... 6/19/2020 N/A. TE–063522B .. Recovery ...... Laney Environmental Con- 6/19/2020 N/A. sulting. TE–023162B .. Recovery ...... Herman, Eric L ...... 7/22/2020 N/A. TE–069979D .. Recovery ...... Mata, Barbi Elizabeth ...... 8/21/2020 N/A. TE–834782 ..... Recovery ...... Westland Resources, Inc ..... 9/18/2020 N/A. TE–069973D .. Recovery ...... Whitney, James Edward ...... 4/7/2020 N/A. TE–082498 ..... Recovery ...... National Park Service—Flag- 10/21/2020 N/A. staff Area National Monu- ments. TE–819541 ..... Recovery ...... Bric, LLC ...... 6/5/2020 N/A. TE–051928B .. Recovery ...... Moczygemba, Kevin John ... 6/9/2020 N/A. TE–067302D .. Recovery ...... Edwards, Christine E ...... 6/19/2020 N/A.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27879
Permit No. Permit type Permittee Date issued Plan or agreement name
TE–059231C .. Recovery ...... Moulton, Laurel Lynne ...... 3/3/2020 N/A. TE–065027D .. Recovery ...... McBride Biotracking LLC ..... 6/19/2020 N/A. TE–065030D .. Recovery ...... The Peregrine Fund, Inc ...... 10/2/2020 N/A. TE–039466 ..... Recovery ...... U.S. Geological Survey— 3/18/2020 N/A. Idaho Cooperative Fish & Wildlife Research Unit. TE–075531D .. Recovery ...... National Cave and Karst Re- 9/15/2020 N/A. search Institute. TE–0168185 ... Recovery ...... Cox/McLain Environmental 7/24/2020 N/A. Consulting, Inc. TE–0195248 ... Recovery ...... Morrison, Michael L ...... 6/8/2020 N/A. TE–063651A .. Recovery ...... Power Engineers, Inc ...... 2/14/2020 N/A. TE–035437B .. Recovery ...... U.S. Forest Service Santa 3/9/2020 N/A. Fe National Forest. TE–0155413 ... Recovery ...... Itzkowitz, Murray ...... 5/27/2020 N/A. TE–063430D .. Recovery ...... Hamilton, Gregor L ...... 3/2/2020 N/A. TE–797127 ..... Recovery ...... U.S. Army Corps of Engi- 11/13/2020 N/A. neers—Albuquerque Dis- trict. TE–802211 ..... Recovery ...... Texas State University ...... 6/8/2020 N/A. TE–144755 ..... Recovery ...... Reagan Smith Energy Solu- 10/2/2020 N/A. tions, Inc. TE–063904D .. Recovery ...... Lewis, Chancey D ...... 6/10/2020 N/A. TE–829996 ..... Recovery ...... Houston Zoo, Inc ...... 4/10/2020 N/A. TE–063216D .. Recovery ...... Porter, James Mark ...... 3/6/2020 N/A. TE–030430B .. Recovery ...... University of Houston—Clear 5/28/2020 N/A. Lake/Environmental Insti- tute of Houston. TE–064624B .. Recovery ...... Johnson, Cassidy Brown ..... 4/10/2020 N/A. TE–819471 ..... Recovery ...... SWCA Environmental Con- 1/24/2020 N/A. sultants. TE–836329 ..... Recovery ...... Blanton & Associates, Inc .... 2/24/2020 N/A. TE–059909D .. Recovery ...... Bell, Leslie Paige ...... 6/22/2020 N/A. TE–057462D .. Recovery ...... Souther, Sara ...... 4/17/2020 N/A. TE–059882D .. Recovery ...... Demarco, Jaime L ...... 2/14/2020 N/A. TE–822908 ..... Recovery ...... Caesar Kleberg Wildlife Re- 12/8/2020 N/A. search Institute. TE–044542B .. Recovery ...... Olsson Associates ...... 4/27/2020 N/A. TE–059554D .. Recovery ...... Stanek, Jenna E ...... 3/6/2020 N/A. TE–004439 ..... Recovery ...... Albuquerque Biological Park 6/22/2020 N/A. TE–0819558 ... Recovery ...... U.S. Forest Service—Na- 6/26/2020 N/A. tional Forests and Grass- lands in Texas. TE–057477D .. Recovery ...... WSP Parsons Brinckerhoff .. 3/6/2020 N/A. TE–056331D .. Recovery ...... Center of Excellence ...... 3/24/2020 N/A. TE–094245B .. Recovery ...... Powers, Jarrod James ...... 3/20/2020 N/A. TE–082744D .. Recovery ...... Gido, Keith B ...... 9/1/2020 N/A. TE–060125 ..... Recovery ...... Salt River Project ...... 4/6/2020 N/A. TE–034460C .. Recovery ...... Grouse Mountain Environ- 1/24/2020 N/A. mental Consultants, LLC. TE–078347 ..... Recovery ...... U.S. Fish and Wildlife Serv- 3/20/2020 N/A. ice, Region 2. TE–067183D .. Recovery ...... Gido, Keith B ...... 6/19/2020 N/A. TE–008394B .. Recovery ...... U.S. Forest Service ...... 10/14/2020 N/A. TE–819491 ..... Recovery ...... Ecosphere Environmental 3/25/2020 N/A. Services. TE–026711 ..... Recovery ...... U.S. Forest Service— 8/24/2020 N/A. Coconino National Forest. TE–028787B .. Recovery ...... Lawrence, Cindy ...... 11/6/2020 N/A. TE–043754A .. Recovery ...... Turner Endangered Species 2/24/2020 N/A. Fund, LLC. TE–160521 ..... Recovery ...... Tetra Tech, Inc ...... 4/6/2020 N/A. TE–819473 ..... Recovery ...... Grand Canyon National Park 3/6/2020 N/A. TE–037155 ..... Recovery ...... Bio-West, Inc ...... 5/27/2020 N/A. TE–039544 ..... Recovery ...... Forstner, Michael R.J ...... 6/3/2020 N/A. TE–025790D .. Recovery ...... Stark, Kaitlin Ann ...... 4/10/2020 N/A. TE–060111B .. Recovery ...... Robb, Natalie J ...... 1/21/2020 N/A. TE–0798920 ... Recovery ...... City of Austin, Balcones 1/27/2020 N/A. Canyonlands Preserve. TE–0116382 ... Recovery ...... Peoria Tribe of Indians of 7/8/2020 N/A. Oklahoma. TE–044547B .. Recovery ...... Dixon, Thomas Pingul ...... 9/25/2020 N/A. TE–009926 ..... Recovery ...... Gulf South Research Cor- 2/5/2020 N/A. poration.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27880 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
Illinois, Indiana, Iowa, Michigan, HCPs and CCAAs Recovery Permits Minnesota, Missouri, Ohio, and For more information about any of the Wisconsin For more information about any of the following HCP or CCAA permits, following recovery permits, contact the The following permits, sorted in the contact the field office that issued the Recovery Permit Coordinator by email at table below by type of permit or permit by telephone: Illinois-Iowa [email protected] or by telephone at agreement and date issued, were issued Ecological Services Field Office (IL), at by the Regional office responsible for 309–757–5800, or Bloomington 612–713–5343. section 10 permitting in the States listed Ecological Services Field Office (IN), at above. 812–334–4261.
Date issued Permit No. Permit type Permittee and state Plan or agreement name
TE–74464D–0 CCAA ...... University of Illinois-Chicago 4/3/2020 IL Nationwide Candidate Conservation Agreement for Mon- arch Butterfly on Energy and Transportation Lands. TE–69307D–0 HCP ...... Blue Creek Wind Farm ...... 3/13/2020 IN Indiana Bat and Northern Long-Eared Bat Habitat Con- servation Plan for Blue Creek Wind Farm, Van Wert and Paulding Counties, Ohio. TE–68782D–0 HCP ...... Paulding Wind Farm II LLC; 5/8/2020 IN Indiana Bat and Northern Long-Eared Bat Final Habitat Paulding Wind Farm III Conservation Plan for Timber Road II, III, and IV Wind LLC; Paulding Wind Farm Farms, Paulding County, Ohio. IV LLC. TE–80697D–0 HCP ...... Hog Creek Wind Project, 8/13/2020 IN Indiana Bat and Northern Long-Eared Bat Habitat Con- LLC. servation Plan for Hog Creek Wind Project, Hardin County, Ohio. TE–85460D–0 HCP ...... Michigan Department of Nat- 11/5/2020 IN Multi-state Mitchell’s Satyr and Poweshiek Skipperling ural Resources. Habitat Conservation Plan. TE–85464D–0 HCP ...... Indiana Department of Nat- 11/5/2020 IN Multi-state Mitchell’s Satyr and Poweshiek Skipperling ural Resources. Habitat Conservation Plan. TE–041671D .. Recovery ...... Carlson, Brian R ...... 12/31/2020 N/A. TE–081936D .. Recovery ...... Damm, Jason P ...... 10/19/2020 N/A. TE–081935D .. Recovery ...... Prewitt, Aaron M ...... 9/30/2020 N/A. TE–026953C .. Recovery ...... Goodell, Karen ...... 9/14/2020 N/A. TE–028559D .. Recovery ...... Radford’s Run Wind Farm, 7/31/2020 N/A. LLC. TE–085231B .. Recovery ...... Kalamazoo Nature Center ... 6/29/2020 N/A. TE–194099 ..... Recovery ...... Hoggarth, Michael A ...... 9/30/2020 N/A. TE–144832 ..... Recovery ...... Detroit Zoological Society .... 5/8/2020 N/A. TE–031055B .. Recovery ...... Armstrong, Kory M ...... 7/10/2020 N/A. TE–075495D .. Recovery ...... Tip of the Mitt Watershed 7/9/2020 N/A. Council. TE–075401D .. Recovery ...... U.S. Geological Survey, 9/29/2020 N/A. Upper Midwest Environ- mental Sciences Center. TE–071730A .. Recovery ...... Missouri Department of Con- 6/25/2020 N/A. servation. TE–062311A .. Recovery ...... Gilmore, Mary Brigid ...... 8/25/2020 N/A. TE–120259 ..... Recovery ...... Missouri Department of Con- 9/25/2020 N/A. servation. TE–043541A .. Recovery ...... Cuthbert, Francesca J ...... 6/2/2020 N/A. TE–070877D .. Recovery ...... Jo Daviess Conservation 5/27/2020 N/A. Foundation. TE–007730A .. Recovery ...... Redwing Ecological Serv- 5/28/2020 N/A. ices, Inc. TE–073584A .. Recovery ...... Illinois Natural History Sur- 5/27/2020 N/A. vey. TE–053616C .. Recovery ...... Illinois Natural History Sur- 5/28/2020 N/A. vey. TE–070019D .. Recovery ...... Little Traverse Bay Bands of 7/8/2020 N/A. Odawa Indians. TE–089558A .. Recovery ...... Romeling, Shannon Eliza- 5/5/2020 N/A. beth. TE–069825D .. Recovery ...... Michigan State University .... 7/13/2020 N/A. TE–072093B .. Recovery ...... Winterringer, Rebecca ...... 9/30/2020 N/A. TE–054397C .. Recovery ...... Titus, Keifer L ...... 7/21/2020 N/A. TE–013580D .. Recovery ...... Wilson, Julia R ...... 12/22/2020 N/A. TE–067351D .. Recovery ...... The Nature Conservancy in 5/18/2020 N/A. Iowa. TE–068533D .. Recovery ...... Toso, Luke B ...... 3/25/2020 N/A. TE–065859D .. Recovery ...... Schuplin, Benjamin A ...... 7/15/2020 N/A. TE–070020D .. Recovery ...... Nextera Energy Bluff Point, 7/30/2020 N/A. LLC. TE–065584D .. Recovery ...... Pearse, Ian S ...... 4/9/2020 N/A. TE–033473D .. Recovery ...... Sitting Up Perez, Antoinette 2/27/2020 N/A. R.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27881
Date issued Permit No. Permit type Permittee and state Plan or agreement name
TE–063118D .. Recovery ...... Starbuck, Clarissa Ann ...... 3/9/2020 N/A. TE–062046D .. Recovery ...... Sirajuddin, Pallavi ...... 11/10/2020 N/A. TE–062048D .. Recovery ...... Kalina, Carly RW ...... 7/31/2020 N/A. TE–062001D .. Recovery ...... Narem, Diane M ...... 3/10/2020 N/A. TE–043605A .. Recovery ...... Cox, Daniel R ...... 1/23/2020 N/A. TE–060813D .. Recovery ...... Lally, Nichole D ...... 7/20/2020 N/A. TE–006801A .. Recovery ...... Pittsburgh Wildlife & Envi- 9/9/2020 N/A. ronmental, Inc. TE–060750D .. Recovery ...... Geheber, Aaron Dean ...... 1/23/2020 N/A. TE–038085B .. Recovery ...... Mountain State Biosurveys, 6/29/2020 N/A. LLC. TE–033467D .. Recovery ...... McAlexander, Aaron M ...... 4/30/2020 N/A. TE–053584D .. Recovery ...... U.S. Geological Service Co- 2/6/2020 N/A. lumbia Environmental Re- search Center. TE–038856A .. Recovery ...... Skelly and Loy, Inc ...... 7/8/2020 N/A
Alabama, Arkansas, Florida, Georgia, by the Regional office responsible for fws.gov or by telephone at 404–679– Kentucky, Louisiana, Mississippi, North section 10 permitting in the States and 7310. Carolina, South Carolina, and territories listed above. Recovery Permits Tennessee, Commonwealth of Puerto HCPs Rico, and the U.S. Virgin Islands For more information about any of the following recovery permits, contact the For more information about any of the The following permits, sorted in the Recovery Permit Coordinator by email at following HCPs, contact the HCP Permit table below by type of permit or [email protected] or by telephone at agreement and date issued, were issued Coordinator by email at PermitsR4ES@ 404–679–7097.
Permit No. Permit type Permittee Date issued Plan or agreement name
TE–056400D .. HCP ...... Wooley, Dean M ...... 2/28/2020 Habitat Conservation Plan for the Threatened Florida Scrub-Jay, on Three Single Family Residential Lots, Brevard County, Florida. TE–076013D .. HCP ...... Freedom Construction USA, 9/18/2020 Freedom Construction USA—2201 Conway Drive, for LLC. Florida Scrub-Jay. TE–076784D .. HCP ...... ICI Homes, Inc...... 9/18/2020 Low-Effect Habitat Conservation Plan for the Florida Scrub-Jay on the Hampton Oaks Project Site, City of Deltona, Volusia County, Florida. TE–811813 ..... HCP ...... The County of Volusia ...... 1/15/2020 Habitat Conservation Plan—A Plan for the Protection of Sea Turtles on the Beaches of Volusia County, Florida. TE–080706 ..... HCP ...... Steel Bridge Properties LLC 2/27/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan. TE–082159 ..... HCP ...... LLC. Cody & Finlay ...... 8/7/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan. TE–078729 ..... HCP ...... Stephens, Robert L...... 3/27/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan. TE–131384 ..... HCP ...... Gellness, Bradley A ...... 2/14/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan. TE–155085 ..... HCP ...... JLKS Real Estate LLC...... 5/28/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan. TE–155086 ..... HCP ...... Jeff Valentine ...... 11/20/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan. TE–218284 ..... HCP ...... Harris, Brian G ...... 4/10/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan. TE–018285 ..... HCP ...... Harris, Brian G ...... 3/20/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan. TE–076238B .. HCP ...... Phillips, John L ...... 3/27/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan. TE–083974C .. HCP ...... Fitzgerald, Tracy E ...... 4/9/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan. TE–084363C .. HCP ...... City of Gulf Shores ...... 7/14/2020 Habitat Conservation Plan Gulf Place East Parking Lot, Gulf Shores, Alabama. TE–046239D .. HCP ...... Steel Bridge Properties LLC 6/18/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan. TE–033502D .. HCP ...... Creek Holdings LLC ...... 2/4/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan. TE–065747D .. HCP ...... Tapp, Samuel Dwayne ...... 2/4/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan. TE–087973C .. HCP ...... Hychefam, LLC ...... 6/2/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27882 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
Permit No. Permit type Permittee Date issued Plan or agreement name
TE–065746D .. HCP ...... Acadian Designs, LLC ...... 3/18/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan. TE–048280D .. HCP ...... Brett Real Estate Robinson 3/20/2020 Phoenix VI & VII Habitat Conservation Plan for Alabama Development Co. Inc. Beach Mouse. TE–070841D .. HCP ...... McAleer, Charles H ...... 3/30/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan. TE–039674D .. HCP ...... Miller, Michael B ...... 3/30/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan. TE–071873D .. HCP ...... Foulks, Howard Edmond ..... 4/6/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan. TE–048827D .. HCP ...... Andrews, Tina ...... 4/20/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan. TE–048830D .. HCP ...... Andrews, Tina ...... 4/20/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan. TE–048834D .. HCP ...... Murphy, Bonnie L ...... 4/20/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan. TE–039645D .. HCP ...... Miller, Michael B ...... 4/20/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan. TE–075501D .. HCP ...... Giggy, Larry ...... 5/13/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan. TE–075510D .. HCP ...... Rook, Cary E ...... 6/18/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan. TE–077805D .. HCP ...... Maxwell, Stephen Royce ..... 7/23/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan. TE–048276D .. HCP ...... Williams, Karl E ...... 7/27/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan. TE–077839D .. HCP ...... Wilden, Anne G ...... 8/7/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan. TE–081348D .. HCP ...... Shuler, John and Brenda..... 8/19/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan. TE–084890D .. HCP ...... Carmichael, Sean & Dawn .. 10/5/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan. TE–081541D .. HCP ...... Pearson, Kathryn L ...... 10/5/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan. TE–082546D .. HCP ...... Voyles, Timothy Paul ...... 12/4/2020 Habitat Conservation Plan for Alabama Beach Mouse under the General Conservation Plan. TE–063246D .. HCP ...... Mccrory, Timothy P ...... 11/19/2020 Low-Effect Habitat Conservation Plan Sea Glades at St. Andrew Bay for Parcels Gulf Beach S/D ‘‘C’’. TE–021091C .. HCP ...... Cemex Construction Mate- 11/17/2020 Cemex Construction Materials Florida. Habitat Conserva- rials Florida, LLC. tion Plan Dude Ranch Road Relocation Project Polk County, Florida. TE–057069D .. HCP ...... Holland Development Inc .... 4/13/2020 Clermont Site Habitat Conservation Plan for the Sand Skink. TE–069951C .. HCP ...... K. Hovnanian at Mystic 4/17/2020 Four Seasons Phase 2C, Habitat Conservation Plan for Dunes, LLC. the Sand Skink and Blue-tailed Mole Skink. TE–062782D .. HCP ...... Asma & Asma...... 6/19/2020 Lookout Hill Habitat Conservation Plan for the Sand Skink. TE–062775D .. HCP ...... VK Avalon Groves LLC ...... 6/19/2020 Serenoa AA Phases 3 & 4 Habitat Conservation Plan for the Sand Skink. TE–068779D .. HCP ...... School Board of Polk County 6/25/2020 Habitat Conservation Plan for the Sand Skink and Blue- tailed Mole Skink for School Board of Polk County. TE–062777D .. HCP ...... Lennar Homes ...... 7/6/2020 Springhill Phase 3A Habitat Conservation Plan for the Sand Skink. TE–076779D .. HCP ...... Titan Liberty Lake Underhill 9/18/2020 Habitat Conservation Plan for Titan Liberty Lake Underhill IV and Village i–545. JV and Village I–545, Orange County, Florida. TE–075283D .. HCP ...... BB Groves, LLC...... 9/18/2020 Accolades Project Habitat Conservation Plan for the Sand Skink. TE–076035D .. HCP ...... Withers, LLC ...... 9/18/2020 Withers North Habitat Conservation Plan for the Sand Skink. TE–077447D .. HCP ...... Tampa Electric Company .... 10/6/2020 Tampa Electric Company Pace Road Substation Habitat Conservation Plan for Sand Skink and Blue-tailed Mole Skink. TE–056402D .. HCP ...... Summergate Development 4/6/2020 Habitat Conservation Plan for Summergate Territo Project LLC. Site, Lake County, Florida. TE–054008D .. HCP ...... Ernie Caldwell Properties, 4/17/2020 Habitat Conservation Plan for Standard Sand, 120 North LLC. Polk County, Florida. TE–062785D .. HCP ...... Michael Collard Properties 6/19/2020 Habitat Conservation Plan for Lane Park Commons, City Inc. of Tavares, Lake County, Florida. TE–075515D .. HCP ...... Cemex Construction Mate- 9/17/2020 Habitat Conservation Plan, Lake Wales South Mine rials Florida, LLC. project, Polk County Florida. TE–066783A .. HCP ...... Conservation Resource Part- 11/10/2020 Red Hills Salamander Occurrence and Habitat Assess- ners, LLC. ment. TE–016399D .. HCP ...... Vulcan Materials Company, 4/1/2020 Habitat Conservation Plan for Sand Skink on the Borders Florida Rock Division. Property for Future Mining.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27883
Permit No. Permit type Permittee Date issued Plan or agreement name
TE–059400D .. Recovery ...... Brezil, Stephen A ...... 1/7/2020 N/A. TE–062718D .. Recovery ...... Nightshade, Scarlett R ...... 1/9/2020 N/A. TE–062077D .. Recovery ...... Gateway City Reptiles, Inc .. 1/7/2020 N/A. TE–062553D .. Recovery ...... Puigdomenech, Jerald An- 1/23/2020 N/A. thony. TE–062555D .. Recovery ...... Puigdomenech, Jerald An- 1/23/2020 N/A. thony. TE–059341D .. Recovery ...... Watts, Jared L ...... 2/7/2020 N/A. TE–067244D .. Recovery ...... Cavinder, William Lee ...... 3/5/2020 N/A. TE–061222D .. Recovery ...... Amazing Animals, Inc ...... 2/25/2020 N/A. TE–056579D .. Recovery ...... San Antonio Zoological Gar- 2/27/2020 N/A. dens & Aquarium. TE–070042D .. Recovery ...... Hendershot, Daniel Nathan 3/17/2020 N/A. TE–070049D .. Recovery ...... Marshall, Samuel D ...... 3/17/2020 N/A. TE–064896D .. Recovery ...... Lackey, Matthew ...... 4/6/2020 N/A. TE–070200D .. Recovery ...... Witonsky, Michael ...... 3/17/2020 N/A. TE–071363D .. Recovery ...... Daniel, Christopher Ross ..... 4/8/2020 N/A. TE–070072D .. Recovery ...... Crandall, Joseph R ...... 5/19/2020 N/A. TE–076664D .. Recovery ...... Barrett, Dalton Evan ...... 6/18/2020 N/A. TE–054490D .. Recovery ...... Sherman, Howard V ...... 7/2/2020 N/A. TE–076782D .. Recovery ...... Dossena, Christopher F ...... 8/5/2020 N/A. TE–077117D .. Recovery ...... Kuhl, Jeffrey Todd ...... 7/21/2020 N/A. TE–076783D .. Recovery ...... Musselwhite, Kent E ...... 7/20/2020 N/A. TE–078998D .. Recovery ...... Alexander, Jeric ...... 8/24/2020 N/A. TE–081413D .. Recovery ...... Tinker, Jordan C ...... 8/25/2020 N/A. TE–081415D .. Recovery ...... Pillars, Jordyn Rachelle ...... 8/25/2020 N/A. TE–079527D .. Recovery ...... Patimetha, Pakorn ...... 8/24/2020 N/A. TE–077916D .. Recovery ...... Bertani, Paul J ...... 8/24/2020 N/A. TE–081284D .. Recovery ...... Jack, David A ...... 8/24/2020 N/A. TE–081416D .. Recovery ...... Shenesky, Billy Jason ...... 9/4/2020 N/A. TE–078179D .. Recovery ...... Graham, William Nathan ..... 9/3/2020 N/A. TE–076719D .. Recovery ...... Herbitter, Alexander Bruce .. 9/29/2020 N/A. TE–081882D .. Recovery ...... Johnston, Brad Ayers ...... 9/18/2020 N/A. TE–085029D .. Recovery ...... Perez, Shanti Ana ...... 9/28/2020 N/A. TE–083054D .. Recovery ...... Bustillo, Todd C ...... 10/27/2020 N/A. TE–088361D .. Recovery ...... Danielson, Todd Eric ...... 11/5/2020 N/A. TE–083154D .. Recovery ...... Buynovsky, Jason J ...... 10/30/2020 N/A. TE–084998D .. Recovery ...... Massey, Daniel J ...... 11/25/2020 N/A. TE–078884D .. Recovery ...... Gotcher, Thomas Clifford .... 11/25/2020 N/A. TE–085453D .. Recovery ...... Kang, Monica J ...... 12/3/2020 N/A. TE–084525D .. Recovery ...... Nelson, Thomas L ...... 12/3/2020 N/A. TE–085001D .. Recovery ...... Presas, Arturo T ...... 12/4/2020 N/A. TE–085449D .. Recovery ...... Curgan, Stephen David ...... 12/3/2020 N/A. TE–081869D .. Recovery ...... McGowan, Scott T ...... 12/3/2020 N/A. TE–085297D .. Recovery ...... Johnston, Brad Ayers ...... 12/3/2020 N/A. TE–088402D .. Recovery ...... Pepper, Alex H ...... 12/23/2020 N/A. TE–088412D .. Recovery ...... Turner, Michael D ...... 12/23/2020 N/A. TE–085451D .. Recovery ...... Lecompte, Jeffrey J ...... 12/23/2020 TE–088404D .. Recovery ...... Kuhl, Jeffrey Todd ...... 12/23/2020 N/A. TE–086098D .. Recovery ...... Monahan, Todd G ...... 12/23/2020 N/A. TE–085450D .. Recovery ...... Fava, Samuel Anthony ...... 12/17/2020 N/A. TE–086020D .. Recovery ...... Fava, Samuel Anthony ...... 12/23/2020 N/A. TE–086097D .. Recovery ...... Miller, Kelli K ...... 12/23/2020 N/A. TE–022690 ..... Recovery ...... Meadowview Biological Re- 10/21/2020 N/A. search Station. TE–117405 ..... Recovery ...... Tennessee Valley Authority 11/23/2020 N/A. TE–100070 ..... Recovery ...... U.S. Forest Service—Na- 3/10/2020 N/A. tional Forests in Alabama. TE–064740 ..... Recovery ...... Fort Stewart Fish and Wild- 8/16/2020 N/A. life Branch. TE–007748 ..... Recovery ...... U.S. Forest Service ...... 5/21/2020 N/A. TE–035594A .. Recovery ...... Alabama Power Company ... 12/18/2020 N/A. TE–038642A .. Recovery ...... Avian Research and Con- 3/31/2020 N/A. servation Institute. TE–824723 ..... Recovery ...... Bowman, Reed ...... 6/4/2020 N/A. TE–061981B .. Recovery ...... The Peregrine Fund ...... 6/17/2020 N/A. TE–060988 ..... Recovery ...... Fort Jackson U.S. Army ...... 12/18/2020 N/A. TE–064767C .. Recovery ...... Collins, John H ...... 8/11/2020 N/A. TE–075925 ..... Recovery ...... Shaw Air Force Base, Dept 7/31/2020 N/A. of Defense. TE–070041D .. Recovery ...... Witter, Kristina Deanne ...... 12/13/2020 N/A. TE–142806 ..... Recovery ...... Cox, James Allan ...... 12/15/2020 N/A. TE–040792 ..... Recovery ...... U.S. Forest Service—Savan- 12/15/2020 N/A. nah River Site.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27884 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
Permit No. Permit type Permittee Date issued Plan or agreement name
TE–697819 ..... Recovery ...... Fish & Wildlife Service, Inte- 8/7/2020 N/A. rior Regions 2 and 4. TE–801914 ..... Recovery ...... Savannah River Ecology 10/20/2020 N/A. Lab. TE–008606C .. Recovery ...... Jacksonville Zoological Soci- 10/20/2020 N/A. ety. TE–078919A .. Recovery ...... Brevard Zoo ...... 7/20/2020 N/A. TE–042496D .. Recovery ...... Garvin, Mary C ...... 1/24/2020 N/A. TE–083085 ..... Recovery ...... Archbold biological station ... 2/5/2020 N/A. TE–002200B .. Recovery ...... Atlanta Botanical Garden ..... 7/29/2020 N/A. TE–060238B .. Recovery ...... Georgia Museum of Natural 9/29/2020 N/A. History. TE–108584 ..... Recovery ...... Nehus, Tim J ...... 2/21/2020 N/A. TE–059798B .. Recovery ...... Daguna Consulting, LLC ..... 2/24/2020 N/A. TE–0171516 ... Recovery ...... Copperhead Environmental 6/12/2020 N/A. Consulting, Inc. TE–002165C .. Recovery ...... Stout, Isaac Jack ...... 5/28/2020 N/A. TE–063179 ..... Recovery ...... Edwards-Pitman Environ- 5/27/2020 N/A. mental, Inc. TE–081756A .. Recovery ...... Robinson, Jason B ...... 4/22/2020 N/A. TE–089074 ..... Recovery ...... Corblu Ecology Group, LLC 7/7/2020 N/A. TE–129703 ..... Recovery ...... HMB Professional Engi- 6/26/2020 N/A. neers, Inc. TE–056749B .. Recovery ...... Moore, Patrick R ...... 4/27/2020 N/A. TE–056746B .. Recovery ...... Johnson, Joseph S ...... 8/15/2020 N/A. TE–100012 ..... Recovery ...... Alabama Coastal Founda- 2/18/2020 N/A. tion. TE–032394A .. Recovery ...... Florida Dept. Of Environ- 4/23/2020 N/A. mental Protection. TE–035313B .. Recovery ...... Willcox, Emma Victoria ...... 4/27/2020 N/A. TE–056588D .. Recovery ...... Melville, Martin John ...... 5/26/2020 N/A. TE–011542 ..... Recovery ...... Conservation Fisheries, Inc 5/15/2020 N/A. TE–056515D .. Recovery ...... Meade, Leslie S ...... 6/8/2020 N/A. TE–065875D .. Recovery ...... Pruitt, William A ...... 7/2/2020 N/A. TE–052113D .. Recovery ...... Bingham, Devin T ...... 6/19/2020 N/A. TE–068453D .. Recovery ...... Edelman, Andrew J ...... 9/17/2020 N/A. TE–067197D .. Recovery ...... Black, Tyler Ray ...... 10/1/2020 N/A. TE–050089D .. Recovery ...... Mulero Oliveras, Eneilis S ... 9/29/2020 N/A. TE–012392A .. Recovery ...... The Institute for Marine 10/29/2020 N/A. Mammal Studies. TE–066005D .. Recovery ...... Johnson, Joseph Tyler ...... 12/15/2020 N/A. TE–139474 ..... Recovery ...... FTN Associates, Ltd ...... 2/28/2020 N/A. TE–021570C .. Recovery ...... Tennessee Wildlife Re- 3/31/2020 N/A. sources Agency. TE–077197C .. Recovery ...... U.S. Army Corps of Engi- 2/3/2020 N/A. neers. TE–834070 ..... Recovery ...... Point Defiance Zoo & Aquar- 3/5/2020 N/A. ium. TE–064856 ..... Recovery ...... Farris, Trent Alan ...... 4/24/2020 N/A. TE–061239D .. Recovery ...... Smithsonian National Zoo- 6/10/2020 N/A. logical Park. TE–049280D .. Recovery ...... The Nature Conservancy ..... 6/11/2020 N/A. TE–078650B .. Recovery ...... Schmidt, Cassie Poindexter 6/19/2020 N/A. TE–065334A .. Recovery ...... Molano-Flores, Brenda ...... 2/6/2020 N/A. TE–053898D .. Recovery ...... Diaz-Soltero, Hilda ...... 8/12/2020 N/A. TE–087176 ..... Recovery ...... Eisenhour, David J ...... 10/20/2020 N/A. TE–057120C .. Recovery ...... Altamaha Environmental 6/10/2020 N/A. consulting, LLC. TE–077258 ..... Recovery ...... University of Florida ...... 2/4/2020 N/A. TE–046056C .. Recovery ...... Ceilley, David W ...... 6/3/2020 N/A. TE–049227D .. Recovery ...... Riverside Environmental 1/22/2020 N/A. Consulting. TE–049506D .. Recovery ...... Judy, Daniel J ...... 4/22/2020 N/A. TE–050300D .. Recovery ...... Wilson, Edward Thomas ...... 4/24/2020 N/A. TE–059340D .. Recovery ...... Long, Ashley Marie ...... 7/31/2020 N/A. TE–059343D .. Recovery ...... Barrios Gonzalez, Marla M .. 9/28/2020 N/A. TE–056968D .. Recovery ...... Andrews, Kimberly M ...... 8/11/2020 N/A
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27885
Connecticut, Delaware, District of agreement and date issued, were issued Coordinator by telephone at 413–253– Columbia, Maine, Maryland, by the Regional office responsible for 8200. Massachusetts, New Hampshire, New section 10 permitting in the States listed Recovery Permits Jersey, New York, Pennsylvania, Rhode above. Island, Vermont, Virginia, and West For more information about any of the Virginia HCPs following recovery permits, contact the Recovery Permit Coordinator by email at For more information about any of the The following permits, sorted in the [email protected] or by telephone at table below by type of permit or following HCP, contact the HCP Permit 413–253–8212.
Permit No. Permit type Permittee Date issued Plan or agreement name
TE–56381D–0 HCP ...... North Allegheny Wind, LLC 5/6/2020 Habitat Conservation Plan for the North Allegheny Wind Facility. TE–79704D–0 HCP ...... Copenhagen Wind Farm 7/16/2020 Indiana Bat and Northern Long-eared Bat Habitat Con- LLC. servation Plan for the Copenhagen Wind Farm. TE–86012D–0 HCP ...... Albany Pine Bush Preserve 10/15/2020 Habitat Conservation Plan for the Karner Blue Butterfly Commission. and the Frosted Elfin in the Albany Pine Bush Pre- serve. TE–89771D–0 HCP ...... Pennsylvania Game Com- 12/23/2020 Forestry Habitat Conservation Plan on Pennsylvania mission and Pennsylvania State Game Lands. Department of Conserva- tion and Natural Re- sources. TE–086602C .. Recovery ...... White Sulphur Springs Na- 2/11/2020 N/A. tional Fish Hatchery. TE–061005D .. Recovery ...... Hepner, Mark Jameson ...... 6/8/2020 N/A. TE–001086D .. Recovery ...... Virginia Department of 11/4/2020 N/A. Game and Inland Fish- eries. TE–076982D .. Recovery ...... Roulston, T’ai Honda ...... 11/4/2020 N/A. TE–086602C .. Recovery ...... White Sulphur Springs Na- 12/16/2020 N/A tional Fish Hatchery.
Colorado, Kansas, Montana, Nebraska, section 10 permitting in the States listed Recovery Permits North Dakota, South Dakota, Utah, and above. Wyoming For more information about any of the HCPs and CCAAs following recovery permits, contact the The following permits, sorted in the For more information about any of the Recovery Permit Coordinator by email at table below by type of permit or following HCP or CCAA permits, [email protected], or by telephone agreement and date issued, were issued contact the HCP or CCAA Permit at 303–236–4224. by the Regional office responsible for Coordinator by telephone at 303–236– 7905.
Permit No. Permit type Permittee Date issued Plan or agreement name
TE–042567B .. CCAA ...... Longreach Buffalo Co, LLC 9/17/2020 Greater Sage Grouse Umbrella CCAA for Wyoming Ranch Management. TE–034609 ..... HCP ...... Spp Montana, LLC ...... 3/26/2020 Native Fish Habitat Conservation Plan. TE–070004 ..... HCP ...... Stimson Lumber Company .. 5/6/2020 Native Fish Habitat Conservation Plan. TE–057437D .. Recovery ...... Carden, Timothy P ...... 3/20/2020 N/A. TE–012893D .. Recovery ...... Halpin, Alisa Lynn ...... 7/16/2020 N/A. TE–0183430 ... Recovery ...... Headwaters Corporation ...... 7/31/2020 N/A. TE–073201 ..... Recovery ...... Bureau of Land Manage- 11/16/2020 N/A. ment. TE–080647 ..... Recovery ...... Wildlife Specialties ...... 1/10/2020 N/A. TE–066330D .. Recovery ...... Martin & Nicholson Environ- 3/23/2020 N/A. mental Consultants, LLC. TE–066521B .. Recovery ...... Western biology, LLC ...... 5/7/2020 N/A. TE–053607D .. Recovery ...... Colorado Parks and Wildlife 1/10/2020 N/A. TE–073239C .. Recovery ...... U.S. Army Corps of Engi- 1/10/2020 N/A. neers. TE–0145090 ... Recovery ...... National Park Service ...... 1/27/2020 N/A. TE–067729 ..... Recovery ...... Kansas State University ...... 1/27/2020 N/A. TE–183432 ..... Recovery ...... Friends of the Zoo, Inc., 5/7/2020 N/A. Kansas City, Missouri. TE–037953D .. Recovery ...... University of Wyoming ...... 1/29/2020 N/A. TE–026376D .. Recovery ...... Forrest, Steven C ...... 3/10/2020 N/A. TE–000670A .. Recovery ...... South Dakota Game, Fish 3/6/2020 N/A. and Parks. TE–006665B .. Recovery ...... Utah Division of Wildlife ...... 3/10/2020 N/A. TE–056902B .. Recovery ...... Bureau of Reclamation ...... 3/20/2020 N/A.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27886 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
Permit No. Permit type Permittee Date issued Plan or agreement name
TE–069300 ..... Recovery ...... Nebraska Game and Parks 3/20/2020 N/A. Commission. TE–042721B .. Recovery ...... City of Fort Collins Natural 3/25/2020 N/A. Areas Department. TE–067251D .. Recovery ...... Haun, Kelly C ...... 5/7/2020 N/A. TE–0232905 ... Recovery ...... Como Park Zoo and Con- 5/7/2020 N/A. servatory. TE–045150 ..... Recovery ...... Hoback, Wyatt W...... 8/18/2020 N/A. TE–091149 ..... Recovery ...... Confederated Salish and 1/16/2020 N/A. Kootenai Tribes. TE–0207946 ... Recovery ...... Bureau of Reclamation ...... 8/31/2020 N/A. TE–069340D .. Recovery ...... Severson, Andrea Marie ...... 3/24/2020 N/A. TE–074320D .. Recovery ...... Brown, Nathanael L ...... 4/7/2020 N/A. TE–074317D .. Recovery ...... Wyoming Natural Diversity 5/7/2020 N/A. Database. TE–056102 ..... Recovery ...... Real West Natural Resource 6/8/2020 N/A Consulting.
Alaska section 10 permitting in Alaska. For by email at [email protected] or by The following permit was issued by more information about this recovery telephone at 907–786–3323. the Regional office responsible for permit, contact the Permit Coordinator,
Permit No. Permit type Permittee Date issued Plan or agreement name
TE–36906D–1 Recovery ...... University of Alaska, Fair- 2/7/2020 N/A. banks: Institute of Arctic Biology.
California, Nevada, and the Klamath section 10 permitting in the States and Recovery Permits Basin Portion of Oregon region listed above. For more information about any of the The following permits, sorted in the HCPs and SHAs following recovery permits, contact the table below by type of permit or For more information about any of the Recovery Permit Coordinator by email at agreement and date issued, were issued follow HCP permits contact the HCP [email protected] or by telephone at by the Regional office responsible for Permit Coordinator by email at dan_ 916–414–6464. [email protected].
Permit No. Permit type Permittee Date Issued Plan or agreement name
TE–89152D .... HCP ...... Aera Energy LLC ...... 12/28/2020 Block 12 Development Project Habitat Conservation Plan. TE- 88501D .... HCP ...... Chips LLC ...... 12/2/2020 General Conservation Plan for Cultivation Activities. TE–78131D .... HCP ...... Sun Valley Ranch, LLC ...... 8/31/2020 General Conservation Plan for Cultivation Activities. TE–89654D .... HCP ...... Canyon Produce LLC ...... 12/23/2020 Los Alamos Conservation Plan for Cultivation Activities. TE–80615D .... HCP ...... Singh, Stephanie R...... 8/5/2020 Low-Effect Habitat Conservation Plan for the Morro Shoulderband Snail. TE–75277D .... HCP ...... Yellow Foxtrot II, LLC ...... 8/20/2020 General Conservation Plan for Cultivation Activities. TE–82650D .... HCP ...... Stanilaus Regional Water 9/20/2020 Surface Water Supply Project Final Low-Effect Habitat Authority. Conservation Plan. TE–83597D .... HCP ...... Indemitsu Renewables ...... 11/12/2020 Central 40 Solar Project Low-Effect Habitat Conservation Plan. TE–78196D .... HCP ...... Castlerock Family Farms II, 8/31/2020 General Conservation Plan for Cultivation Activities. LLC. TE–74215D .... HCP ...... Newera, LLC ...... 4/20/2020 General Conservation Plan for Cultivation Activities. TE–77814D .... HCP ...... Pacific Gas and Electric ...... 6/29/2020 Multiple Region Operations and Maintenance Habitat Conservation Plan. TE–78704D .... HCP ...... County of San Bernardino 7/13/2020 Upper Santa Ana River Wash Habitat Conservation Plan. Flood Control District. TE–78703D .... HCP ...... San Bernardino Valley 7/13/2020 Upper Santa Ana River Wash Habitat Conservation Plan. Water Conservation Dis- trict. TE–56762D .... HCP ...... Oak Hills Estate, LLC ...... 4/20/2020 Oak Hills Estate Habitat Conservation Plan. TE–71171D .... HCP ...... The Sunrise Gardens 3/17/2020 Low-Effect Habitat Conservation Plan for the Coastal Project Owner, LLC. California Gnatcatcher; Sunrise Project, City of San Marcos, San Diego County, California.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27887
Permit No. Permit type Permittee Date Issued Plan or agreement name
TE–88628D .... HCP ...... County of Placer; City of Lin- 12/3/2020 Western Placer County Habitat Conservation Plan/Nat- coln; Placer County Water ural Communities Conservation Plan. Agency; South Placer Re- gional Transportation Au- thority; Placer Conserva- tion Authority. TE–80620D .... HCP ...... Upitis, Andris/12 Rancho 8/14/2020 12 Rancho San Carlos (Ocho West) Low-Effect Habitat San Carlos. Conservation Plan. TE–84089D .... HCP ...... Sierra Pacific Land & Timber 9/30/2020 Habitat Conservation Plan for Northern and California Company (SPL&T). Spotted Owl Sierra Pacific Industries Forestland Man- agement Program in the Klamath, Cascade, and Sierra Nevada Mountains, California. TE–56304D .... HCP ...... DBO Development #30 LLC/ 3/23/2020 Low-Effect Habitat Conservation Plan, South of Tioga South of Tioga. Project. TE–73508D .... HCP ...... County of Santa Cruz Pro- 4/1/2020 Santa Cruz County Juvenile Hall HCP. bation Department. TE–15742D .... HCP ...... City of Rancho Palos Verdes 4/14/2020 Rancho Palos Verdes HCP. TE–88630D .... HCP ...... Rooney Ranch, LLC ...... 12/31/2020 Rooney Ranch Wind Repowering Project Final Habitat Conservation Plan. TE–72863D .... HCP ...... GTE Mobilenet of California, 4/1/2020 Low-Effect Habitat Conservation Plan for the Verizon L.P. Wireless Telecommunications Facility Expansion Project. TE–067064 ..... Recovery ...... Messett, Lindsay A ...... 10/15/2020 N/A. TE–19822D .... Recovery ...... Richardson, Sarah Renee ... 6/12/2020 N/A. TE–067065 ..... Recovery ...... Deluna, Adam James ...... 4/23/2020 N/A. TE–19822D .... Recovery ...... Aguayo, Jonathan ...... 4/1/2020 N/A. TE–067066 ..... Recovery ...... Cooper Hill, Alicia Ornelas .. 10/15/2020 N/A. TE–19822D .... Recovery ...... Ryan, Thomas P ...... 4/22/2020 N/A. TE–067067 ..... Recovery ...... U.S. Navy ...... 3/20/2020 N/A. TE–19822D .... Recovery ...... Point Reyes Bird Observ- 3/2/2020 N/A. atory. TE–067068 ..... Recovery ...... Clark, Kevin B ...... 3/19/2020 N/A. TE–19822D .... Recovery ...... Bernal, Lorena L ...... 3/17/2020 N/A. TE–067069 ..... Recovery ...... Vettes, Brennan C ...... 1/10/2020 N/A. TE–19822D .... Recovery ...... Ortega, Brock A ...... 3/25/2020 N/A. TE–067070 ..... Recovery ...... Preite, Srianne B ...... 5/13/2020 N/A. TE–19822D .... Recovery ...... Aecom Technical Services .. 1/21/2020 N/A. TE–067071 ..... Recovery ...... East Bay Regional Park Dis- 2/10/2020 N/A. trict. TE–19822D .... Recovery ...... Heredia, Amber O ...... 2/11/2020 N/A. TE–067072 ..... Recovery ...... Mayta, Sheri ...... 10/15/2020 N/A. TE–19822D .... Recovery ...... Liu, Leonard Y ...... 10/15/2020 N/A. TE–067066 ..... Recovery ...... Martinelli, Erin Lindsey ...... 5/27/2020 N/A. TE–19822D .... Recovery ...... Easley, Todd Anthony ...... 8/4/2020 N/A. TE–067067 ..... Recovery ...... Barrera, Sarah Jane ...... 10/15/2020 N/A. TE–19822D .... Recovery ...... San Bernardino Valley 5/27/2020 N/A. Water Conservation Dis- trict. TE–067068 ..... Recovery ...... Olmos, Erik F ...... 6/3/2020 N/A. TE–19822D .... Recovery ...... Wagner, Nicholas Ronald .... 4/1/2020 N/A. TE–067069 ..... Recovery ...... Congedo, Christina Elise ..... 7/1/2020 N/A. TE–19822D .... Recovery ...... Prestera, Wendy J ...... 4/22/2020 N/A. TE–067070 ..... Recovery ...... Quilley, Ryan G ...... 3/4/2020 N/A. TE–19822D .... Recovery ...... Sweet, Lynn C ...... 3/28/2020 N/A. TE–067071 ..... Recovery ...... Cunningham, Dawn Marie ... 12/17/2020 N/A. TE–19822D .... Recovery ...... Prado, Victoria E ...... 8/21/2020 N/A. TE–067072 ..... Recovery ...... Westervelt Ecological serv- 8/21/2020 N/A. ices, LLC. TE–19822D .... Recovery ...... Laulikitnont, Pim ...... 8/21/2020 N/A. TE–067073 ..... Recovery ...... Leis, Michelle Marie ...... 8/21/2020 N/A. TE–19822D .... Recovery ...... McLean, Katherine Matilda .. 7/10/2020 N/A. TE–067066 ..... Recovery ...... Garten, Kyla M ...... 6/2/2020 N/A. TE–19822D .... Recovery ...... Scampavia, Margaret Rei .... 4/21/2020 N/A. TE–067067 ..... Recovery ...... Herrera, Lisa Ann ...... 8/4/2020 N/A. TE–19822D .... Recovery ...... Noce, Donna M...... 4/2/2020 N/A. TE–067068 ..... Recovery ...... Bonzey, Nicholas S ...... 4/22/2020 N/A. TE–19822D .... Recovery ...... Swaim, Karen E...... 8/25/2020 N/A. TE–067069 ..... Recovery ...... Creekside Center for Earth 6/2/2020 N/A. Observation. TE–19822D .... Recovery ...... Lewellen, Cherie Jane ...... 7/1/2020 N/A. TE–067070 ..... Recovery ...... Allen, Jason W ...... 6/2/2020 N/A. TE–19822D .... Recovery ...... Didonato, Joseph E ...... 2/7/2020 N/A. TE–067071 ..... Recovery ...... Brown, Katie R ...... 2/7/2020 N/A. TE–19822D .... Recovery ...... Wyckoff, Anna Christel ...... 2/7/2020 N/A.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27888 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
Permit No. Permit type Permittee Date Issued Plan or agreement name
TE–067072 ..... Recovery ...... Schliebe, Matthew C ...... 1/10/2020 N/A. TE–19822D .... Recovery ...... Marty, Jaymee T ...... 2/7/2020 N/A. TE–067073 ..... Recovery ...... Sennett, Allie E ...... 5/13/2020 N/A. TE–19822D .... Recovery ...... Dakin, Robin Elizabeth ...... 1/10/2020 N/A. TE–067074 ..... Recovery ...... Johnson, Pieter TJ ...... 5/1/2020 N/A. TE–19822D .... Recovery ...... Koehler, Jonathan T ...... 1/10/2020 N/A. TE–067067 ..... Recovery ...... Kann ‘‘aka Rogers’’, Richard 1/10/2020 N/A. U. TE–19822D .... Recovery ...... Ford, Andrew J ...... 4/2/2020 N/A. TE–067068 ..... Recovery ...... Terry, Dana E ...... 1/8/2020 N/A. TE–19822D .... Recovery ...... Rogers, Ariana ...... 1/10/2020 N/A. TE–067069 ..... Recovery ...... Eda C. Eggeman ...... 1/8/2020 N/A. TE–19822D .... Recovery ...... U.S. Geological Survey— 6/18/2020 N/A. Western Ecological Re- search Center. TE–067070 ..... Recovery ...... Seaworld LLC ...... 5/15/2020 N/A. TE–19822D .... Recovery ...... Smith, Katherine Rose ...... 5/11/2020 N/A. TE–067071 ..... Recovery ...... U.S. Geological Survey ...... 10/16/2020 N/A. TE–19822D .... Recovery ...... Zoological Society of San 5/28/2020 N/A. Diego. TE–067072 ..... Recovery ...... River Design Group, Inc ...... 5/8/2020 N/A. TE–19822D .... Recovery ...... Zoological Society of San 12/10/2020 N/A. Diego. TE–067073 ..... Recovery ...... Tremor, Scott B ...... 4/22/2020 N/A. TE–19822D .... Recovery ...... Ward, Darren M ...... 6/3/2020 N/A. TE–067074 ..... Recovery ...... Paymard, Marshall ...... 4/22/2020 N/A. TE–19822D .... Recovery ...... Lahti, Megan E ...... 7/2/2020 N/A. TE–067075 ..... Recovery ...... Bakker, Jasmine Jordana .... 2/7/2020 N/A. TE–19822D .... Recovery ...... Pollett, Kathleen Louise ...... 7/1/2020 N/A. TE–067068 ..... Recovery ...... Northcoast Regional Land 3/4/2020 N/A. Trust. TE–19822D .... Recovery ...... Bighorn Institute ...... 5/20/2020 N/A. TE–067070 ..... Recovery ...... California Military Depart- 3/20/2020 N/A. ment. TE–19822D .... Recovery ...... Shoemaker, Kevin T ...... 8/19/2020 N/A. TE–067071 ..... Recovery ...... U.S. Geological Survey ...... 9/4/2020 N/A. TE–19822D .... Recovery ...... Stoelting, Ricka E ...... 12/17/2020 N/A. TE–067072 ..... Recovery ...... Hinderle, Danna ...... 3/31/2020 N/A. TE–19822D .... Recovery ...... Cleveland, Cindy M ...... 8/4/2020 N/A. TE–067073 ..... Recovery ...... Warzecha, Bernhard ...... 8/4/2020 N/A. TE–19822D .... Recovery ...... Huang, Joseph L ...... 4/21/2020 N/A. TE–067074 ..... Recovery ...... Grimaldo, Lenny F ...... 1/29/2020 N/A. TE–19822D .... Recovery ...... City of Eureka ...... 4/21/2020 N/A. TE–067075 ..... Recovery ...... Castanon, Chennie S ...... 3/20/2020 N/A. TE–19822D .... Recovery ...... U.S. Forest Service—Eldo- 3/3/2020 N/A. rado National Forest. TE–067076 ..... Recovery ...... Henderson, Lisa A ...... 3/26/2020 N/A. TE–19822D .... Recovery ...... Department of Army, fort 1/8/2020 N/A. Irwin National Training Center. TE–067069 ..... Recovery ...... Joshua Tree National Park .. 10/2/2020 N/A. TE–19822D .... Recovery ...... Hyland, Mason D ...... 1/8/2020 N/A.
Availability of Documents Authority DEPARTMENT OF THE INTERIOR You may request copies of the Federal We provide this notice under the Geological Survey Register documents publishing the authority of section 10 of the ESA (16 receipt of applications for these permits U.S.C. 1531 et seq.). [GC21NF00GWP2800; OMB Control Number from the office that issued the permit 1028–XXXX] Gary Frazer, (see contact information above). Documents and other information Assistant Director for Ecological Services. Agency Information Collection Activities; Michindoh Glacial Aquifer submitted with these applications are [FR Doc. 2021–10839 Filed 5–21–21; 8:45 am] Groundwater Study also available for review, subject to the BILLING CODE 4333–15–P requirements of the Privacy Act (5 AGENCY: U.S. Geological Survey, U.S.C. 552a) and Freedom of Interior. Information Act (5 U.S.C. 552), by any ACTION: Notice of information collection; party who submits a written request for request for comment. a copy of such documents. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we,
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27889
the U.S. Geological Survey (USGS) are cannot guarantee that we will be able to DEPARTMENT OF THE INTERIOR proposing a new information collection do so. of groundwater level measurements to Abstract: Synoptic water level Bureau of Indian Affairs measurements are a type of enhance understanding of the regional [212A2100DD/AAKC001030/ groundwater system. measurement where data is collected A0A501010.999900253G] DATES: Interested persons are invited to from many wells over a short period of submit comments on or before July 23, time. As part of the effort to collect Indian Gaming; Approval of Tribal- 2021. synoptic measurements of the State Class III Gaming Compacts in the Michindoh Aquifer, the USGS is relying State of Arizona ADDRESSES: Send your comments on on the participation of property owners this information collection request (ICR) from across the region. Those identified AGENCY: Bureau of Indian Affairs, by mail to U.S. Geological Survey, as having a selected water well located Interior. Information Collections Officer, 12201 on their property will be contacted via ACTION: Notice. Sunrise Valley Drive, MS 159, Reston, a postcard. They will then be asked to _ VA 20192; or by email to gs-info sign a permission form allowing the SUMMARY: This notice publishes the [email protected]. Please reference USGS to complete groundwater level approval of the class III gaming OMB Control Number 1028–xxxx in the measurement in their well during Fall compacts between each of the following subject line of your comments. 2021 and Spring 2022. This will involve Tribes and the State of Arizona (State): FOR FURTHER INFORMATION CONTACT: To USGS scientists accessing the well and The Ak-Chin Indian Community; request additional information about lowering a sanitized electric or steel Cocopah Tribe of Arizona; Colorado this ICR, contact David Lampe by email tape into the well to determine the River Indian Tribes of the Colorado at [email protected] or by telephone at current water depth below land surface. River Indian Reservation; Fort 317–416–7448. The measurement that is collected will McDowell Yavapai Nation; Fort Mojave Indian Tribe of Arizona, California & SUPPLEMENTARY INFORMATION: In also be provided to the property owner Nevada; Gila River Indian Community accordance with the Paperwork at the time of collection. The USGS will attempt to measure of the Gila River Indian Reservation; Reduction Act of 1995, we provide the approximately 150 to 200 wells within Havasupai Tribe of the Havasupai general public and other Federal eleven counties in the tri-state region. Reservation; Hualapai Indian Tribe of agencies with an opportunity to This large number of measurements the Hualapai Indian Reservation; Kaibab comment on new, proposed, revised, over a short period of time will provide Band of Paiute Indians; Navajo Nation; and continuing collections of the USGS with a snapshot-like Pascua Yaqui Tribe of Arizona; Quechan information. This helps us assess the understanding of regional water levels. Tribe of the Fort Yuma Indian impact of our information collection This information will be critical for Reservation; Salt River Pima-Maricopa requirements and minimize the public’s comprehending the behavior of the Indian Community of the Salt River reporting burden. It also helps the entire aquifer system and will be used Reservation; San Carlos Apache Tribe of public understand our information to model regional groundwater depth. the San Carlos Reservation; San Juan collection requirements and provide the Title of Collection: Michindoh Glacial Southern Paiute Tribe of Arizona; requested data in the desired format. Aquifer Groundwater Study. Tohono O’odham Nation of Arizona; We are soliciting comments on the OMB Control Number: 1028–NEW. Tonto Apache Tribe of Arizona; White proposed ICR that is described below. Form Number: U.S. Geological Survey Mountain Apache Tribe of the Fort We are especially interested in public Manual 500.11.1. Apache Reservation; Yavapai-Apache comment addressing the following Type of Review: New. Nation of the Camp Verde Indian issues: (1) Is the collection necessary to Respondents/Affected Public: Reservation; and the Zuni Tribe of the the proper functions of the USGS; (2) Individuals/households. Zuni Reservation. will this information be processed and Total Estimated Number of Annual used in a timely manner; (3) is the Respondents: 400. DATES: The compacts take effect on May estimate of burden accurate; (4) how Total Estimated Number of Annual 24, 2021. might the USGS enhance the quality, Responses: 250. FOR FURTHER INFORMATION CONTACT: Ms. utility, and clarity of the information to Estimated Completion Time per Paula L. Hart, Director, Office of Indian be collected; and (5) how might the Response: 15 minutes. Gaming, Office of the Deputy Assistant USGS minimize the burden of this Total Estimated Number of Annual Secretary—Policy and Economic collection on the respondents, including Burden Hours: 100 hours. Development, Washington, DC 20240, through the use of information Respondent’s Obligation: Voluntary. [email protected], (202) 219–4066. Frequency of Collection: Annually technology. SUPPLEMENTARY INFORMATION: Under (Twice). Comments that you submit in Total Estimated Annual Nonhour section 11 of the Indian Gaming response to this notice are a matter of Burden Cost None: None. Regulatory Act (IGRA), Public Law 100– public record. We will include or An agency may not conduct or 497, 25 U.S.C. 2701 et seq., the summarize each comment in our request sponsor and a person is not required to Secretary of the Interior shall publish in to OMB to approve this ICR. Before respond to a collection of information the Federal Register notice of approved including your address, phone number, unless it displays a currently valid OMB Tribal-State compacts for the purpose of email address, or other personal control number. engaging in Class III gaming activities identifying information in your The authority for this action is the on Indian lands. As required by 25 CFR comment, you should be aware that Paperwork Reduction Act of 1995 (44 293.4, all compacts and amendments are your entire comment including your U.S.C. 3501 et seq). subject to review and approval by the personal identifying information—may Secretary. The Compacts permit various be made publicly available at any time. Michael S. Griffin, types of gaming, including video While you can ask us in your comment Director. devices, house banked card games, off- to withhold your personal identifying [FR Doc. 2021–10876 Filed 5–21–21; 8:45 am] track pari-mutuel wagering, dealer information from public review, we BILLING CODE 4338–11–P controlled electronic games, sports
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27890 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
wagering, fantasy sports contests, and Thus, the Commission believes that 25. Cachil DeHe Band of Wintun live table games on the Tribes’ Indian publishing a notice of approved Class III Indians of the Colusa Indian lands. The Compacts include provisions tribal gaming ordinances in the Federal Community requiring the Tribes to pay the State Register is sufficient to meet the 26. Caddo Nation of Oklahoma from the Tribes’ net win in exchange for requirements of 25 U.S.C. 2710(d)(2)(B). 27. Cahto Indian Tribe of the substantial exclusivity in the State and Beginning September 30, 2021, the Laytonville Rancheria for regulatory costs. The Compacts NIGC will publish the notice of 28. Cahuilla Band of Mission Indians provide that the Tribes will have the approved gaming ordinances quarterly, 29. California Valley Miwok Tribe responsibility to administer and enforce by March 31, June 30, September 30, 30. Campo Band of Diegueno Mission regulatory requirements. The Compacts and December 31 of each year. Indians are approved. Every approved tribal gaming 31. Catawba Indian Nation ordinance, every approved ordinance 32. Chemehuevi Indian Tribe Bryan Newland, amendment, and the approval thereof, 33. Cher-Ae Heights Indian Community Principal Deputy Assistant Secretary—Indian will be posted on the Commission’s of the Trinidad Rancheria Affairs. website (www.nigc.gov) under General 34. Cherokee Nation of Oklahoma [FR Doc. 2021–10877 Filed 5–21–21; 8:45 am] Counsel, Gaming Ordinances within 35. Cheyenne and Arapaho Tribes BILLING CODE 4337–15–P five (5) business days of approval. Also, 36. Cheyenne River Sioux Tribe the Commission will make copies of 37. Chickasaw Nation of Oklahoma approved Class III ordinances available 38. Chicken Ranch Rancheria of Me- NATIONAL INDIAN GAMING to the public upon request. Requests can Wuk Indians COMMISION be made in writing to the Office of 39. Chippewa-Cree Tribe of the Rocky General Counsel, National Indian Boy’s Reservation Notice of Approved Class III Tribal Gaming Commission, Attn: Tearanie 40. Chitimacha Tribe of Louisiana Gaming Ordinances McCain, C/O Department of the Interior, 41. Choctaw Nation of Oklahoma 42. Citizen Potawatomi Nation AGENCY: National Indian Gaming 1849 C Street NW, MS #1621, 43. Cloverdale Rancheria of Pomo Commission. Washington, DC 20240. Indians ACTION: Notice. The following constitutes a consolidated list of all Tribes for which 44. Cocopah Indian Tribe SUMMARY: The purpose of this notice is the Chairman has approved tribal 45. Coeur d’Alene Tribe to inform the public of Class III tribal gaming ordinances authorizing Class III 46. Colorado River Indian Tribes gaming ordinances approved by the gaming or for which Class III gaming 47. Comanche Nation of Oklahoma Chairman of the National Indian ordinances have been approved by 48. Confederated Salish and Kootenai Gaming Commission. operation of law. Tribes of the Flathead Reservation 49. Confederated Tribes and Bands of DATES: This notice is applicable May 24, 1. Absentee-Shawnee Tribe of Indian of the Yakama Nation 2021. Oklahoma 2. Agua Caliente Band of Cahuilla 50. Confederated Tribes of Coos, Lower FOR FURTHER INFORMATION CONTACT: Umpqua and Siuslaw Indians of Tearanie McCain, Office of General Indians 3. Ak-Chin Indian Community of the Oregon Counsel at the National Indian Gaming 51. Confederated Tribes of the Chehalis Commission, 202–632–7003, or by Maricopa Indian Reservation 4. Alabama-Quassarte Tribal Town Reservation facsimile at 202–632–7066 (not toll-free 52. Confederated Tribes of the Colville numbers). 5. Alturas Indian Rancheria 6. Apache Tribe of Oklahoma Reservation SUPPLEMENTARY INFORMATION: The 7. Assiniboine & Sioux Tribes of Fort 53. Confederated Tribes of the Grand Indian Gaming Regulatory Act (IGRA) Peck Indian Reservation Ronde Community of Oregon 25 U.S.C. 2701 et seq., established the 8. Augustine Band of Cahuilla Indians 54. Confederated Tribes of Siletz National Indian Gaming Commission 9. Bad River Band of Lake Superior Indians of Oregon (Commission). Section 2710 of IGRA Tribe of Chippewa Indians 55. Confederated Tribes of the Umatilla authorizes the Chairman of the 10. Barona Group of Captain Grande Reservation Commission to approve Class II and Band of Mission Indians 56. Confederated Tribes of the Warm Class III tribal gaming ordinances. 11. Bay Mills Indian Community Springs Reservation Section 2710(d)(2)(B) of IGRA, as 12. Bear River Band of Rohnerville 57. Coquille Indian Tribe implemented by NIGC regulations, 25 Rancheria 58. Coushatta Tribe of Louisiana CFR 522.8, requires the Chairman to 13. Berry Creek Rancheria of Tyme 59. Cow Creek Band of Umpqua Indians publish, in the Federal Register, Maidu Indians of Oregon approved Class III tribal gaming 14. Big Lagoon Rancheria 60. Cowlitz Indian Tribe ordinances and the approvals thereof. 15. Big Pine Band of Owens Valley 61. Coyote Valley Band of Pomo Indians IGRA requires all tribal gaming Paiute Shoshone Indians of California ordinances to contain the same 16. Big Sandy Rancheria Band of 62. Crow Creek Sioux Tribe requirements concerning tribes’ sole Western Mono Indians 63. Crow Indian Tribe of Montana proprietary interest and responsibility 17. Big Valley Band of Pomo Indians 64. Delaware Tribe of Western for the gaming activity, use of net 18. Bishop Paiute Tribe Oklahoma revenues, annual audits, health and 19. Blackfeet Tribe 65. Delaware Tribe of Indians safety, background investigations and 20. Blue Lake Rancheria of California 66. Dry Creek Rancheria of Pomo licensing of key employees and primary 21. Bois Forte Band of the Minnesota Indians of California management officials. The Commission, Chippewa Tribe 67. Eastern Band of Cherokee Indians therefore, believes that publication of 22. Buena Vista Rancheria of Me-Wuk 68. Eastern Shawnee Tribe of Oklahoma each ordinance in the Federal Register Indians 69. Eastern Shoshone Tribe of the Wind would be redundant and result in 23. Burns Paiute Tribe River Indian Reservation unnecessary cost to the Commission. 24. Cabazon Band of Mission Indians 70. Elem Indian Colony of Pomo Indians
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27891
71. Elk Valley Rancheria 120. Klawock Cooperative Association 170. Otoe-Missouri Tribe of Indians 72. Ely Shoshone Tribe of Nevada 121. Kootenai Tribe of Idaho 171. Ottawa Tribe of Oklahoma 73. Enterprise Rancheria of the Maidu 122. Lac Courte Oreilles Band of Lake 172. Paiute-Shoshone Indians of the Indians of California Superior Chippewa Indians Bishop Community 74. Ewiiaapaayp Band of Kumeyaay 123. Lac du Flambeau Band of Lake 173. Pala Band of Luiseno Mission Indians Superior Chippewa Indians Indians 75. Fallon Paiute-Shoshone Tribes 124. Lac Vieux Desert Band of Lake 174. Pascua Yaqui Tribe of Arizona 76. Federated Indians of Graton Superior Chippewa Indians 175. Paskenta Band of Nomlaki Indians Rancheria 125. La Jolla Band of Luiseno Indians 176. Pauma Band of Mission Indians 77. Flandreau Santee Sioux Tribe of 126. La Posta Band of Mission Indians 177. Pawnee Nation of Oklahoma South Dakota 127. Las Vegas Paiute Tribe 178. Pechanga Band of Mission Indians 78. Fond du Lac Band of Lake Superior 128. Leech Lake Band of Chippewa 179. Peoria Tribe of Indians of Chippewa Indians Oklahoma 79. Forest County Potawatomi 129. Little River Band of Ottawa Indians 180. Picayune Rancheria of Chukchansi Community 130. Little Traverse Bay Bands of Odawa Indians 80. Fort Belknap Indian Community Indians 181. Pinoleville Band of Pomo Indians 81. Fort Independence Indian 131. Lower Brule Sioux Tribe 182. Pit River Tribe Community of Paiute Indians 132. Lower Elwha Klallam Tribe 183. Poarch Band Creek Indians 82. Fort McDermitt Paiute-Shoshone 133. Lower Sioux Indian Community 184. Pokagon Band of Potawatomi Tribe of Nevada and Oregon 134. Lummi Indian Tribe Indians of Michigan 83. Fort McDowell Yavapai Nation 135. Lytton Rancheria of California 185. Ponca Tribe of Oklahoma 84. Fort Mojave Indian Tribe of Arizona, 136. Manchester Band of Pomo Indians 186. Ponca Tribe of Nebraska California and Nevada of the Manchester-Point Arena 187. Port Gamble S’Klallam Tribe 85. Fort Sill Apache Tribe of Oklahoma Rancheria 188. Prairie Band of Potawatomi Nation 86. Gila River Indian Community 137. Manzanita Band of Mission Indians 189. Prairie Island Indian Community 190. Pueblo of Acoma 87. Grand Portage Band of Chippewa 138. Mashantucket Pequot Tribe 191. Pueblo of Isleta Indians 139. Mashpee Wampanoag Tribe 192. Pueblo of Jemez 88. Grand Traverse Band of Ottawa and 140. Match-E-Be-Nash-She-Wish Band 193. Pueblo of Laguna of the Potawatomi Indians of Chippewa Indians 194. Pueblo of Nambe Michigan 89. Greenville Rancheria of Maidu 195. Pueblo of Picuris 141. Mechoopda Indian Tribe of Chico Indians of California 196. Pueblo of Pojoaque 90. Grindstone Indian Rancheria of Rancheria 197. Pueblo of San Felipe Wintun-Wailaki Indians of 142. Menominee Indian Tribe of 198. Pueblo of Sandia California Wisconsin 199. Pueblo of Santa Ana 91. Guidiville Band of Pomo Indians 143. Mescalero Apache Tribe 200. Pueblo of Santa Clara 92. Habematolel Pomo of Upper Lake 144. Miami Tribe of Oklahoma 201. Pueblo of Santo Domingo 93. Hannahville Indian Community 145. Middletown Rancheria of Pomo 202. Pueblo of Taos 94. Ho-Chunk Nation of Wisconsin Indians 203. Pueblo of Tesuque 95. Hoopa Valley Tribe 146. Mille Lacs Band of Ojibwe 204. Puyallup Tribe of Indians 96. Hopland Band of Pomo Indians 147. Mississippi Band of Choctaw 205. Pyramid Lake Paiute Tribe 97. Hualapai Indian Tribe Indians 206. Quapaw Tribe of Indians 98. Huron Potawatomi, Inc. 148. Moapa Band of Paiute Indians 207. Quartz Valley Indian Community 99. Iipay Nation of Santa Ysabel of 149. Modoc Tribe of Oklahoma 208. Quechan Tribe of Fort Yuma Indian California 150. Mohegan Indian Tribe of Reservation 100. Ione Band of Miwok Indians Connecticut 209. Quileute Tribe 101. Iowa Tribe of Kansas and Nebraska 151. Mooretown Rancheria of Maidu 210. Quinault Indian Nation 102. Iowa Tribe of Oklahoma Indians 211. Red Cliff Band of Lake Superior 103. Jackson Rancheria Band of Miwuk 152. Morongo Band of Mission Indians Chippewa Indians Indians 153. Muckleshoot Indian Tribe 212. Red Cliff, Sokaogon Chippewa and 104. Jamestown S’Klallam Tribe of 154. Muscogee (Creek) Nation Lac Courte Oreilles Band Washington 155. Narragansett Indian Tribe 213. Red Lake Band of Chippewa 105. Jamul Band of Mission Indians 156. Navajo Nation Indians 106. Jena Band of Choctaw Indians 157. Nez Perce Tribe 214. Redding Rancheria 107. Jicarilla Apache Nation 158. Nisqually Indian Tribe 215. Redwood Valley Rancheria of 108. Kaibab Band of Paiute Indians 159. Nooksack Indian Tribe Pomo Indians 109. Kalispel Tribe of Indians 160. North Fork Rancheria of Mono 216. Reno-Sparks Indian Colony 110. Karuk Tribe Indians of California 217. Resighini Rancheria of Coast Indian 111. Kashia Band of Pomo Indians of the 161. Northern Arapaho Tribe of the Community Stewarts Point Reservation Wind River Indians 218. Rincon Band of Luiseno Mission 112. Kaw Nation 162. Northern Cheyenne Tribe Indians 113. Keweenaw Bay Indian Community 163. Nottawaseppi Huron Band of 219. Robinson Rancheria of Pomo 114. Kialegee Tribal Town Potawatomi Indians 115. Kickapoo Traditional Tribe of 164. Oglala Sioux Tribe 220. Rosebud Sioux Tribe Texas 165. Ohkay Owingeh Pueblo of San Juan 221. Round Valley Indian Tribe 116. Kickapoo Tribe of Indians in 166. Omaha Tribe of Nebraska 222. Sac & Fox Nation of Oklahoma Kansas 167. Oneida Nation of New York 223. Sac & Fox Tribe of Mississippi in 117. Kickapoo Tribe of Oklahoma 168. Oneida Tribe of Indians of Iowa 118. Kiowa Tribe of Oklahoma Wisconsin 224. Sac & Fox Nation of Missouri in 119. Klamath Tribes 169. Osage Nation Kansas and Nebraska
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27892 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
225. Saginaw Chippewa Indian Tribe of 273. Tolowa Dee-ni’ Nation Commission (‘‘Commission’’) Michigan 274. Tonkawa Tribe of Oklahoma determines, pursuant to the Tariff Act of 226. Salt River Pima-Maricopa Indian 275. Tonto Apache Tribe 1930 (‘‘the Act’’), that revocation of the Community 276. Torres Martinez Desert Cahuilla countervailing duty and antidumping 227. Samish Indian Tribe Indians duty orders on certain steel grating from 228. San Carlos Apache Tribe 277. Tulalip Tribes of Washington China would be likely to lead to 229. San Manual Band of Mission 278. Tule River Tribe continuation or recurrence of material Indians 279. Tunica-Biloxi Indians of Louisiana injury to an industry in the United 230. San Pasqual Band of Diegueno 280. Tuolumne Band of Me-Wuk States within a reasonably foreseeable Mission Indians Indians time. 231. Santa Rosa Rancheria Tachi-Yokut 281. Turtle Mountain Band of Chippewa Tribe Indians Background 232. Santa Ynez Band of Chumash 282. Twenty-Nine Palms Band of The Commission instituted these Mission Indians Mission Indians reviews on October 1, 2020 (85 FR 233. Sauk-Suiattle Indian Tribe 283. United Auburn Indian Community 61981) and determined on January 4, 234. Sault Ste. Marie Tribe of Chippewa 284. Upper Sioux Community 2021 that it would conduct expedited Indians 285. Upper Skagit Indian Tribe of reviews (86 FR 19286, April 13, 2021). 235. Scotts Valley Band of Pomo Indians Washington The Commission made these 236. Seminole Nation of Oklahoma 286. Ute Mountain Ute Tribe determinations pursuant to section 237. Seminole Tribe of Florida 287. U-tu-Utu-Gwaitu Paiute Tribe of 751(c) of the Act (19 U.S.C. 1675(c)). It 238. Seneca Nation of Indians of New Benton Paiute Reservation completed and filed its determinations York 288. Viejas Band of Kumeyaay Indians in these reviews on May 19, 2021. The 239. Seneca-Cayuga Tribe of Oklahoma 289. Wampanoag Tribe of Gay Head views of the Commission are contained 240. Shakopee Mdewakanton Sioux 290. Washoe Tribe of Nevada and in USITC Publication 5195 (May 2021), Community California entitled Certain Steel Grating from 241. Shawnee Tribe 291. White Earth Band of Chippewa China: Investigation Nos. 701–TA–465 242. Sherwood Valley Rancheria of Indians and 731–TA–1161 (Second Review). Pomo Indians 292. White Mountain Apache Tribe By order of the Commission. 243. Shingle Springs Band of Miwuk 293. Wichita and Affiliated Tribes of Indians Oklahoma Issued: May 19, 2021. 244. Shinnecock Indian Nation 294. Wilton Rancheria Lisa Barton, 245. Shoalwater Bay Indian Tribe 295. Winnebago Tribe of Nebraska Secretary to the Commission. 246. Shoshone-Bannock Tribes of the 296. Wiyot Tribe of Table Bluff [FR Doc. 2021–10906 Filed 5–21–21; 8:45 am] Fort Hall Indian Reservation of Reservation BILLING CODE 7020–02–P Idaho 297. Wyandotte Nation of Oklahoma 247. Shoshone-Paiute Tribe of the Duck 298. Yankton Sioux Tribe Valley Indian Reservation 299. Yavapai Apache Nation of the INTERNATIONAL TRADE 248. Sisseton-Wahpeton Oyate of the Camp Verde Indian Reservation COMMISSION 300. Yavapai-Prescott Indian Tribe Lake Traverse Reservation [Investigation No. 337–TA–1208] 249. Skokomish Indian Tribe 301. Yerington Paiute Tribe 250. Smith River Rancheria 302. Yocha-De-He Wintun Nation Certain Electronic Devices, Including 251. Snoqualmie Tribe 303. Yurok Tribe Computers, Tablet Computers, and 252. Soboba Band of Luiseno Indians National Indian Gaming Commission. Components and Modules Thereof; 253. Sokaogon Chippewa Community E. Sequoyah Simermeyer, Commission Determination Not To 254. Southern Ute Indian Tribe Chairman. Review an Initial Determination 255. Sprite Lake Tribe Granting an Unopposed Motion To 256. Spokane Tribe of Indians Kathryn Isom-Clause, Vice Chair. Terminate the Investigation in Its 257. Squaxin Island Tribe Entirety Based Upon Settlement; Jeannie Hovland, 258. St. Croix Chippewa Indians of Termination of Investigation Wisconsin Associate Commissioner. 259. St. Regis Mohawk Tribe [FR Doc. 2021–10904 Filed 5–21–21; 8:45 am] AGENCY: U.S. International Trade 260. Standing Rock Sioux Tribe BILLING CODE 7565–02–P Commission. 261. Stillaguamish Tribe of Indians ACTION: Notice. 262. Stockbridge-Munsee Community SUMMARY: 263. Suquamish Tribe of the Port INTERNATIONAL TRADE Notice is hereby given that Madison Reservation COMMISSION the U.S. International Trade 264. Susanville Indian Rancheria Commission (‘‘Commission’’) has 265. Swinomish Indian Tribal [Investigation Nos. 701–TA–465 and 731– determined not to review an initial Community TA–1161 (Second Review)] determination (‘‘ID’’) (Order No. 33) of the presiding administrative law judge 266. Sycuan Band of Diegueno Mission Certain Steel Grating From China Indians (‘‘ALJ’’), granting an unopposed motion 267. Table Mountain Rancheria Determinations to terminate the investigation in its entirety based upon settlement. 268. Te-Moak Tribe of Western On the basis of the record 1 developed FOR FURTHER INFORMATION CONTACT: Shoshone Indians of Nevada in the subject five-year reviews, the 269. Thlopthlocco Tribal Town United States International Trade Panyin A. Hughes, Office of the General 270. Three Affiliated Tribes of the Fort Counsel, U.S. International Trade Berthold Reservation 1 The record is defined in § 207.2(f) of the Commission, 500 E Street SW, 271. Timbisha Shoshone Tribe Commission’s Rules of Practice and Procedure (19 Washington, DC 20436, telephone (202) 272. Tohono O’odham Nation CFR 207.2(f)). 205–3042. Copies of non-confidential
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27893
documents filed in connection with this without limitation, and the Commission amended (19 U.S.C. 1337), and in Part investigation may be viewed on the determined not to review the ID. Order 210 of the Commission’s Rules of Commission’s electronic docket (EDIS) No. 5 (Sept. 4, 2020), unreviewed by Practice and Procedure (19 CFR part at https://edis.usitc.gov. For help Comm’n Notice (Sept. 29, 2020). 210). accessing EDIS, please email On March 12, 2021, ALJ granted a By order of the Commission. motion by Nokia to terminate the [email protected]. General Issued: May 18, 2021. information concerning the Commission investigation as to (1) claims 1, 4–6, 9– Lisa Barton, may also be obtained by accessing its 13, 22, and 23 of the ’818 patent; (2) internet server at https://www.usitc.gov. claims 1, 2, 5–7, 9–13, 15, 16, 18, 21– Secretary to the Commission. Hearing-impaired persons are advised 23, 25–31, 35, 36, 39, 41–46, 48, 52, 53, [FR Doc. 2021–10856 Filed 5–21–21; 8:45 am] that information on this matter can be 56, 58–60, and 62 of the ’764 patent; (3) BILLING CODE 7020–02–P obtained by contacting the claims 1, 2–4, 6, 7, 9–13, 15, 17, 18, 20– Commission’s TDD terminal, telephone 30, 32–39, 41, 43–47, 49, 51–53, 56–60, (202) 205–1810. and 63 of the ’808 patent; (4) claims DEPARTMENT OF JUSTICE 2–4, 6, 7, 16, 20–25, 28, and 29 of the SUPPLEMENTARY INFORMATION: On August 10, 2020, the Commission instituted this ’469 patent, (5) all the asserted claims Antitrust Division (1–16) of the ’706 patent; and (6) investigation based on a complaint filed Notice Pursuant to the National by Nokia Technologies Oy and Nokia Intervenor Google. The Commission determined not to review. Order No. 26 Cooperative Research and Production Corporation both of Espoo, Finland (Mar. 12, 2020), unreviewed by Comm’n Act of 1993—Information Warfare (collectively, ‘‘Nokia’’). 85 FR 48263–64 Notice (Mar. 30, 2020). Research Project Consortium (Aug. 10, 2020). The complaint alleged On April 22, 2021, Nokia filed a violations of section 337 based on the motion to terminate the investigation in Notice is hereby given that, on April importation into the United States, the its entirety based upon settlement. On 29, 2021, pursuant to Section 6(a) of the sale for importation, or the sale within May 3, 2021, OUII filed a response in National Cooperative Research and the United States after importation of support of the motion, and the ALJ Production Act of 1993, 15 U.S.C. 4301 certain electronic devices, including found that the Lenovo respondents do et seq. (‘‘the Act’’), Information Warfare computers, tablet computers, and not oppose the motion. ID at 1. Research Project Consortium (‘‘IWRP’’) components and modules thereof by On May 4, 2021, the Chief ALJ issued has filed written notifications reason of infringement of claims 1, 2, the subject ID (Order No. 33) granting simultaneously with the Attorney 5–7, 9–13, 15, 16, 18, 21–23, 25–29, 31, the motion. The subject ID found that General and the Federal Trade 32, 35–37, 39–47, 49, 52–54, and 56–62 the joint motion complies with Commission disclosing changes in its of U.S. Patent No. 8,144,764 (‘‘the ’764 Commission Rule 210.21(a)(2), which membership. The notifications were patent’’); claims 1–4, 6, 7, 9–13, 15–18, provides that ‘‘[a]ny party may move at filed for the purpose of extending the 20–30, 32–41, 43–49, 51–60, and 62–65 any time to terminate an investigation in Act’s provisions limiting the recovery of of U.S. Patent No. 7,532,808 (‘‘the ’808 whole or in part as to any or all antitrust plaintiffs to actual damages patent’’); claims 1–7, 9, 15, 16, 18, 20– respondents on the basis of a settlement, under specified circumstances. 25, 27–30, and 50 of U.S. Patent No. a licensing or other agreement . . . .’’ Specifically, A5G Networks, Inc., 6,950,469 (‘‘the ’469 patent’’); claims 1– 19 CFR 210.21(a)(2). ID at 2. The ID Westford, MA; Aarna Networks, Inc., 15 and 20–23 of U.S. Patent No. further found that in compliance with San Jose, CA; Ace Electronics Defense 7,724,818 (‘‘the ’818 patent’’); and 19 CFR 210.21(b), ‘‘Nokia represents Systems, APG, MD; Adaptive claims 1–16 of U.S. Patent No. 8,583,706 that there are no other agreements, Intelligence [AI] Corporation, Banks, (‘‘the ’706 patent’’). Id. The written or oral, express or implied OR; Aegis Power Systems, Inc., Murphy, Commission’s notice of investigation between the parties concerning the NC; Anritsu Company, Morgan Hill, CA; named the following nine Lenovo subject matter of the investigation.’’ In Applied Insight, LLC., Tysons, VA; entities as respondents: Lenovo (United addition, the parties provided Atlas Technologies, Inc., North States), Inc. of Morrisville, North confidential and public versions of the Charleston, SC; Ball Aerospace, Carolina; Lenovo Group Limited of settlement agreement. The ID also found Broomfield, CO; Bascom Hunter Quarry Bay, Hong Kong; Lenovo that ‘‘termination of this investigation Technologies, Inc., Baton Rouge, LA; (Beijing) Limited of Beijing, China; does not impose any undue burdens on BlackHorse Solutions, Inc., Herndon, Lenovo (Shanghai) Electronics the public health and welfare, VA; Buchanan & Edwards, Inc., Technology Co. Ltd. of Shanghai, China; competitive conditions in the United Arlington, VA; Cobalt Solutions, Inc., Lenovo PC HK Limited of Quarry Bay, States economy, production of like or Austin, TX; Concept Solutions, LLC., Hong Kong; Lenovo Information directly competitive articles in the Reston, VA; CRFS, Chantilly, VA; Products Shenzhen Co. Ltd. of United States, or United States Cypress International, Inc., Alexandria, Shenzhen, China; Lenovo Mobile consumers pursuant to Commission VA; DESE Research Inc., Huntsville, AL; Communication of Wuhan, China; Rule 210.50(b)(2).’’ Id. at 3 (citing 19 Dynamic Data Management, Inc., d/b/a Lenovo Corporation of Wujiang, China; CFR 210.50(b)(2)). No one petitioned for Delta Bravo, Rock Hill SC; Endgame and Lenovo Centro Tecnologico S. de review of the ID. Systems, LLC., Arlington, VA; Entech RL CV of Nuevo Leon, Mexico The Commission has determined not Web Solutions INC., Dunellen, NJ; (collectively, ‘‘Lenovo’’). Id. at 48264. to review the subject ID. The Excelerated Analytics, LLC., The notice of investigation also named investigation is hereby terminated in its Woodbridge, VA; Excella, Inc., the Office of Unfair Import entirety. Arlington, VA; Feith Systems and Investigations (‘‘OUII’’) as a party. Id. The Commission vote for this Software, Inc., Fort Washington, PA; On September 4, 2020, the ALJ determination took place on May 18, FUTURA Cyber, Inc., Dedham, MA; granted a motion by Google to intervene 2021. Giesler LLC., Alpharetta, GA; Global in this investigation. Although Google The authority for the Commission’s Planning Initiatives, LLC., Virginia sought intervention only as to the ’706 determination is contained in section Beach, VA; INDUS Technology, Inc., patent, the ALJ granted intervention 337 of the Tariff Act of 1930, as San Diego, CA; Kaizen Approach Inc.,
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27894 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
Hanover, MD; Kapsuun Group, Lorton, DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE VA; MagiQ Technologies, Inc., Sommerville, MA; NETSCOUT Systems, Antitrust Division Antitrust Division Inc., Wesftford, MA; Nexagen Networks, Notice Pursuant to the Defense Inc., Morganville, NJ; Nutanix, Inc., San Notice Pursuant to the National Production Act of 1950; Review of Jose, CA; Omnispace LLC., Tysons, VA; Cooperative Research and Production Plans of Action Opto-Knowledge Systems, Inc., Act of 1993—Consortium for Execution Torrance, CA; Phillips Corporation, of Rendezvous and Servicing AGENCY: Antitrust Division, U.S. Hanover, MD; PTC, Boston, MA; Shield Operations Department of Justice. AI Inc., San Diego, CA; Smartsheet Inc., ACTION: Notice of review. Notice is hereby given that, on May 4, Bellevue, WA; Sol Firm LLC., Mount 2021, pursuant to Section 6(a) of the SUMMARY Pleasant, SC; Solid State Scientific : Notice is hereby given National Cooperative Research and Corporation, Hollis, NH; Swim.ai, Inc., pursuant to section 708 of the Defense Production Act of 1993, 15 U.S.C. 4301 Production Act of 1950 (‘‘DPA’’) for the Campbell, CA; TapHere! Technology, et seq. (‘‘the Act’’), Consortium for Plan of Action to Establish a National LLC., Manassas, VA; ThayerMahan, Inc., Execution of Rendezvous and Servicing Strategy for the Manufacture, Groton, CT; TLG Worldwide, LLC., Operations (‘‘CONFERS’’) filed written Allocation, and Distribution of Medical Manassas, VA; Vection Group Inc., West notifications simultaneously with the Devices to Respond to COVID–19 Hollywood, CA; Vectrus Mission Attorney General and the Federal Trade (‘‘Medical Devices Plan of Action’’), the Solutions Corporation Alexandria, VA; Commission disclosing changes in its Plan of Action to Establish a National Ventus Executive Solutions, LLC., membership. The notifications were Strategy for the Manufacture, Fairfax, VA; WarCollar Industries, LLC., filed for the purpose of extending the Allocation, and Distribution of Medical Vienna, VA; XCOM-Labs, Inc., San Act’s provisions limiting the recovery of Gases to Respond to COVID–19 Diego, CA; and Zin Solutions, (DBA antitrust plaintiffs to actual damages (‘‘Medical Gases Plan of Action’’), the Axiom)Inc., Tulsa, OK have been added Plan of Action to Establish a National under specified circumstances. as parties to this venture. Strategy for the Manufacture, Allocation Specifically, High Earth Orbit Robotics, and Distribution of Diagnostic Test Kits Also, AIRBUS U.S. Space & Defense, New South Wales, AUSTRALIA and and other Testing Components to Inc., Herndon, VA; Applied Technical Obruta Space Solutions Corp, Ottawa, Systems, Inc., Silverdale, WA; Avineon, Respond to COVID–19 (‘‘Diagnostic Test CANADA have been added as parties to Kits Plan of Action’’), and the Plan of Inc., McLean, VA; Box Inc., Redwood this venture. City, CA; Interclypse, Inc., Annapolis Action to Establish a National Strategy Blue Haptics, Inc. (dba Olis Robotics), Junction, MD; Kratos RT Logic, Inc., for the Manufacture, Allocation, and Seattle, WA and Stellar Exploration, Distribution of Drug Products, Drug Colorado Springs, CO; Lone Star Inc., San Luis Obispo, CA have Substances, and Associated Medical Analysis, Addison, TX; Oteote Inc., withdrawn as a party to this venture. Devices to Respond to COVID–19 Encinitas, CA; RTSync Corp., Chandler, No other changes have been made in (‘‘Drug Products Plan of Action’’) AZ; Smartronix, LLC., Hollywood, MD; proposed by the Federal Emergency either the membership or planned Southern Aerospace Company LLC., Management Agency (‘‘FEMA’’), that the activity of the group research project. Madison, AL; Universal Consulting Acting Assistant Attorney General finds Membership in this group research Services, Inc., Fairfax, VA; and Wireless for each that the purposes of section Research Center of North Carolina, project remains open, and CONFERS 708(c)(1) of the DPA may not reasonably Wake Forest, NC have withdrawn from intends to file additional written be achieved through a plan of action this venture. notifications disclosing all changes in having less anticompetitive effects or No other changes have been made in membership. without any plan of action. Given these either the membership or planned On September 10, 2018, CONFERS findings, the Medical Devices Plan of activity of the group research project. filed its original notification pursuant to Action, the Medical Gases Plan of Membership in this group research Section 6(a) of the Act. The Department Action, the Diagnostic Test Kits Plan of project remains open, and IWRP intends of Justice published a notice in the Action, and the Drug Products Plan of to file additional written notifications Federal Register pursuant to Section Action may become effective following disclosing all changes in membership. 6(b) of the Act on October 19, 2018 (83 the publication of this notice. Given FR 53106). these findings, the Medical Devices Plan On October 15, 2018, IWRP filed its of Action, the Medical Gases Plan of original notification pursuant to Section The last notification was filed with Action, the Diagnostic Test Kits Plan of 6(a) of the Act. The Department of the Department on February 1, 2021. A Action, and the Drug Products Plan of Justice published a notice in the Federal notice was published in the Federal Action may become effective following Register pursuant to Section 6(b) of the Register pursuant to Section 6(b) of the the publication of this notice. Act on October 23, 2018 (83 FR 53499). Act on February 12, 2021 (86 FR 9372). SUPPLEMENTARY INFORMATION: Under the The last notification was filed with Suzanne Morris, DPA, FEMA may enter into plans with the Department on February 1, 2021. A Chief, Premerger and Division Statistics, representatives of private industry for notice was published in the Federal Antitrust Division. the purpose of improving the efficiency Register pursuant to Section 6(b) of the [FR Doc. 2021–10915 Filed 5–21–21; 8:45 am] with which private firms contribute to Act on February 12, 2021 (86 FR 9373). the national defense when conditions BILLING CODE 4410–11–P exist that may pose a direct threat to the Suzanne Morris, national defense or its preparedness. Chief, Premerger and Division Statistics, Such arrangements are generally known Antitrust Division. as ‘‘voluntary agreements.’’ Participants [FR Doc. 2021–10920 Filed 5–21–21; 8:45 am] in an existing voluntary agreement may BILLING CODE P adopt documented methods, known as
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27895
‘‘plans of action,’’ to implement that with immediate requirements that includes terms, conditions, and voluntary agreement. A defense to would result in an unacceptable risk to procedures under which participants actions brought under the antitrust laws healthcare providers or other potential agree voluntarily to participate in the is available to each participant acting Medical Gas recipients. This mechanism Sub-Committees. within the scope of a voluntary involves the establishment several Sub- FEMA has certified that the proposed agreement and plan of action that has Committees organized by medical gas Medical Devices Plan of Action, the come into force under the DPA. type, which are designed to foster a proposed Medical Gases Plan of Action, The DPA requires that each proposed close working relationship among the proposed Diagnostic Test Kits Plan plan of action be reviewed by the FEMA, HHS, and participants in the of Action, and the proposed Drug Attorney General prior to becoming Sub-Committees to address national Products Plan of Action are each effective. If, after consulting with the defense needs through cooperative necessary to provide for the national Chair of the Federal Trade Commission, action under the direction and active defense in the event of a pandemic. the Attorney General finds that the supervision of FEMA. The proposed FEMA requested that the Acting purposes of the DPA’s plans of action Medical Gases Plan of Action includes Assistant Attorney General, Antitrust provision ‘‘may not reasonably be terms, conditions, and procedures under Division, issue a finding that the achieved through a . . . plan of action which participants agree voluntarily to proposed Medical Devices Plan of having less anticompetitive effects or participate in the Sub-Committees. Action, the proposed Medical Gases without any . . . plan of action,’’ the 3. The Diagnostic Test Kits Plan of Plan of Action, the proposed Diagnostic plan of action may become effective. 50 Action creates a mechanism to Test Kits Plan of Action, and the U.S.C. 4558(f)(1)(B). All functions immediately meet exigent requests for proposed Drug Products Plan of Action which the Attorney General is required Diagnostic Test Kits and other Testing each satisfies the statutory criteria set or authorized to perform by section 708 Components anywhere in the Nation forth in 50 U.S.C. 4558(f)(1)(B). The of the DPA have been delegated to the and to ensure that actions to support Acting Assistant Attorney General, Assistant Attorney General, Antitrust stockpiling of Diagnostic Test Kits and Antitrust Division, reviewed the Division. 28 CFR. 0.40(l). other Testing Components do not proposed Medical Devices Plan of On August 17, 2020, the Voluntary interfere with immediate requirements. Action, the proposed Medical Gases Agreement for the Manufacture and This mechanism involves the Plan of Action, the proposed Diagnostic Distribution of Critical Healthcare establishment several Sub-Committees Test Kits Plan of Action, and the Resources Necessary to Respond to a organized by testing kit methodology, proposed Drug Products Plan of Action Pandemic (‘‘Voluntary Agreement’’) testing kit supplies, and testing kit and consulted on them with the Acting became effective. The proposed Medical components, which are designed to Chairwoman of the Federal Trade Devices Plan of Action, the proposed foster a close working relationship Commission. On May 7, 2021, by letter Medical Gases Plan of Action, the among FEMA, HHS, and participants in to Deanne Criswell, FEMA proposed Diagnostic Test Kits Plan of the Sub-Committees to address national Administrator, Richard Powers, Acting Action, and the proposed Drug Products defense needs through cooperative Assistant Attorney General, Antitrust Plan of Action contain documented action under the direction and active Division, issued findings, pursuant to 50 methods to implement the Voluntary supervision of FEMA. The proposed U.S.C. 4558(f)(1)(B), that the purposes of Agreement as summarized below: Diagnostic Test Kits Plan of Action the DPA’s plan of action provision ‘‘may 1. The Medical Devices Plan of Action includes terms, conditions, and not reasonably be achieved through a creates a mechanism to immediately procedures under which participants . . . plan of action having less meet exigent Medical Device requests agree voluntarily to participate in the anticompetitive effects or without any anywhere in the Nation and to ensure Sub-Committees. . . . plan of action’’ for the following that actions to support Medical Device 4. The Drug Products Plan of Action plans of action: stockpiling and reserves do not interfere creates a mechanism to immediately 1. Plan of Action to Establish a with immediate requirements that meet exigent requests for Drug Products, National Strategy for the Manufacture, would result in an unacceptable risk to Drug Substances, and Associated Allocation, and Distribution of Medical healthcare providers or other potential Medical Devices anywhere in the Nation Devices to Respond to COVID–19; Medical Device recipients. This and to ensure that actions to support 2. Plan of Action to Establish a mechanism involves the establishment Drug Products, Drug Substances, and National Strategy for the Manufacture, several Sub-Committees organized by Associated Medical Devices stockpiling Allocation, and Distribution of Medical medical device type, which are and reserves do not interfere with Gases to Respond to COVID–19; designed to foster a close working immediate requirements that would 3. Plan of Action to Establish a relationship among FEMA, the result in an unacceptable risk to National Strategy for the Manufacture, Department of Health and Human healthcare providers or other potential Allocation and Distribution of Services (‘‘HHS’’), and participants in recipients of Drug Products, Drug Diagnostic Test Kits and other Testing the Sub-Committees to address national Substances, and Associated Medical Components to Respond to COVID–19; defense needs through cooperative Devices. This mechanism involves the and action under the direction and active establishment several Sub-Committees 4. Plan of Action to Establish a supervision of FEMA. The proposed organized by drug products and drug National Strategy for the Manufacture, Medical Devices Plan of Action includes substances, development of new Allocation, and Distribution of Drug terms, conditions, and procedures under treatments, as well as domestic Products, Drug Substances, and which participants agree voluntarily to industrial base expansion, which are Associated Medical Devices to Respond participate in the Sub-Committees. designed to foster a close working to COVID–19. 2. The Medical Gases Plan of Action relationship among FEMA, HHS, and creates a mechanism to immediately participants in the Sub-Committees to David G.B. Lawrence, meet exigent Medical Gas requests address national defense needs through Chief, Competition Policy & Advocacy anywhere in the Nation and to ensure cooperative action under the direction Section. that actions to support Medical Gas and active supervision of FEMA. The [FR Doc. 2021–10874 Filed 5–21–21; 8:45 am] stockpiling and reserves do not interfere proposed Drug Products Plan of Action BILLING CODE 4410–11–P
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27896 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
DEPARTMENT OF LABOR www.dol.gov/dol/contact/contact closely—AJC partner program case phonecallcenter.htm (TTY) for workers. Employment and Training information about this notice. Purpose Administration SUPPLEMENTARY INFORMATION: The envisioned design approach aims [Docket Number: ETA–2021–0001] Background to put jobseeker customers at the Request for Public Comments: The Workforce Innovation and forefront of our efforts to provide Exploration of a Multi-Program, Opportunity Act (WIOA) emphasizes jobseekers with employment, training, education, income support, and wrap- Integrated Case Management System the need for states to develop strategies around services. Nationally there has to align information technology (IT) and AGENCY: Employment and Training been progress in the alignment of data systems across one-stop partner Administration (ETA), Department of programs that support employment, programs to enhance service delivery to Labor. reemployment, and career advancement customers and improve efficiencies in within the programmatic operations, ACTION: Request for comments. reporting on performance accountability human capital, and strategy measures. Such programmatic elements SUMMARY: The U.S. Department of development spheres. However, despite may include common intake and Labor’s Employment and Training serious efforts from States and local assessment, data collection, case Administration (ETA) is seeking public communities, many of the IT systems comment on customer-centric solutions management information, performance associated with programs remain to assist States in the design and accountability measurement, and unaligned. Common challenges in the deployment of affordable, flexible reporting processes, all to improve advancement and alignment of the technology systems to improve coordination of services across one-stop relevant technology systems include workforce development and partner programs. Beyond these incompatible legacy data systems, reemployment service delivery at the functions, the U.S. Department of inherent political and technical risks local level. In collaboration with our Labor’s Employment and Training with the development of new solutions, Workforce Innovation and Opportunity Administration (ETA) also seeks to and challenges in financing viable Act (WIOA) partner agencies, we will enhance the consistency of service options. use this information to inform the responsiveness to customers’ training As a result, there can be inconsistency Department’s deliberations on the and reemployment needs nationally, within and across states in how people implementation of WIOA and technical with a near term focus on programs that seeking help with employment are being assistance that we provide to States to have served as a temporary safety net in served. Depending on the state, the help them align technology and data the pandemic and now have the highest absence of comprehensive IT solutions systems across one-stop partner reemployment demands. With that tenet across programs or the challenges with programs with the customer experience in mind, ETA plans to explore options existing solutions at times results in at the forefront of the design. to assist states in the design and poor reemployment outcomes within deployment of affordable, flexible IT programs that have the highest demands DATES: Comments must be received by systems to improve service delivery at July 23, 2021. for these services. When programs or the local level. While ETA’s highest staff aim to provide all the services and ADDRESSES: You may submit comments priority is the strengthening of supports a customer needs to become via the internet. Please visit the Federal unemployment insurance (UI) employed, but IT systems are not eRulemaking portal at http:// technology systems nationally, there is aligned, the results can create cross- www.regulations.gov. Use the ‘‘Search’’ a natural connection between program inefficiencies, poor function to find docket number ETA– unemployment and reemployment consideration of the totality of the 2021–0001. The system will issue a services. Therefore, we need to look customer’s needs across partner tracking number to confirm your ahead to the broad advancement of IT programs, potential duplications, and submission. You will not be able to reemployment infrastructures, inclusive ineffective use of data. view your comment immediately of supportive case management systems, There is an opportunity to improve because we must post each comment particularly ones that support people the quality of services nationally, and manually. Caution: In your comments, who needed safety net programs in the the supporting IT infrastructure, by you should be careful to include only pandemic, and during previous learning what is and what is not the information that you wish to make recessions. This is why ETA is seeking working and using that information to publicly available. Please be aware that comment from stakeholders and the enlighten what may be possible from a we will not redact any information in public on how best to support customer- federal-state partnership. To best inform your submission, and you should not centric and outcome driven, holistic next steps, and any potential include personally-identifiable case management systems for workforce solicitations, incentives or supports for information such as your personal development, income maintenance customer-centric and outcome-driven, address or telephone number. If, programs, and, where possible, other holistic case management IT solutions however, you would like to separately partner programs that also support across programs, this Request for share your email address with ETA for employment and career advancement Information is seeking feedback from potential further discussion and a including but not limited to those that the public and, in particular, local, state, possible follow up interview on your might be delivered in an American Job and federal program practitioners and IT perspectives, you can send it directly to Center (AJC). This request for comments specialists across relevant programs. [email protected]. will complement insights being The public input in response to this FOR FURTHER INFORMATION CONTACT: Jeff gathered through a human-centered notice will further an understanding of Fitzgerald, Enterprise Program Advisor, Design (HCD) exploration process, the barriers to developing IT solutions, Office of Workforce Investment, focused on understanding the service illuminate IT development successes USDOL/Employment and Training delivery challenges to AJC customers and lessons learned in this arena, and Administration, IntegratedCaseMgmt@ and the technology needs of those that refine the systems’ capabilities and dol.gov, 202–693–9974, or visit https:// work with those customers most functionality that would drive the
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27897
greatest value for reemployment d. Where efforts have included full operate modules within that larger outcomes for customers. This, in turn, integration with Unemployment framework? may point to potential new system Insurance systems; d. Whether there are other IT gaps or designs to improve IT partnerships. e. Where human-centered design was solutions, which would potentially integrated into the technology solution; generate more value across programs, Request for Public Comments f. Where system-wide analytic for which ETA should analyze solution ETA is soliciting input from its capabilities have been realized; options? stakeholders and the public on any or g. Whether and in what form barriers 10. The total cost estimate that a state/ all of the following categories of have prevented success; and territory currently spends to maintain information and questions. Response to h. Any lessons learned in the process. its case management system annually. this request for comments is voluntary. 3. If full integration of a case a. Is that annual cost for a single Respondents do not need to address management solution across all module or for an integrated systems every category or question and may employment, income maintenance, and across multiple partner programs? elect to focus their comments on those career advancement-related programs 11. Any other general comments not categories and questions that relate to could not be realized to start, what covered above related to comprehensive their expertise or perspective. To the subset of programs would it make the IT solutions across partner programs. extent possible, please clearly indicate most sense to align? Suzan G. LeVine, the question(s) addressed in your Functionality (System Level) response. We ask that each respondent Principal Deputy Assistant Secretary for Employment and Training, Labor. include the name and street address of 4. In contemplating IT solutions, what his or her institution or affiliation, if functionality and flexibilities would be [FR Doc. 2021–10867 Filed 5–21–21; 8:45 am] any, and the name, title, email address, important to include and why? BILLING CODE 4510–FN–P and telephone number of a contact 5. What functionality would be most person for his or her institution or important to include to allow for the IT DEPARTMENT OF LABOR affiliation, if any. solution to continue to expand and add value to program partners and Employment and Training Questions customers? Administration As noted above, this Request seeks Capabilities (User Level Requirements) information concerning any or all of the Notice of a Change in Status of the 6. At an individual user level, what following categories of information and Extended Benefit (EB) Program for system capabilities would provide a questions, if applicable: Pennsylvania superior customer-centric, outcome Operations Process Analysis driven case management experience as AGENCY: Employment and Training 1. Information related to the largest compared to current experiences? Administration, Labor. operational obstacles that stakeholders 7. What capabilities would generate ACTION: Notice. encounter when helping jobseekers who the most value for program partners and might need the supports of more than customers? This notice announces a change in one program. 8. While keeping the burden on the benefit period eligibility under the EB a. In particular, what are the largest beneficiary as low as possible, what data program that has occurred since the operational obstacles faced by these would an ideal system collect? publication of the last notice regarding stakeholders and jobseekers? Particularly data that would increase the State’s EB status: b. What, if anything, has limited our understanding of the impacts of • Based on the data submitted by coordination and service delivery across such a system and underlying benefits Pennsylvania for the week reflecting programs? on under-resourced communities? April 24, 2021, the state no longer meets c. In what ways do you believe that the criteria necessary to remain Other technology can best help to alleviate triggered ‘‘on’’ the EB program. The those obstacles? 9. Preliminary state feedback suggests states’ 13-week insured unemployment that an integrated case management rate (IUR) remains above 5.0 percent, Technology Implementations solution, as an option for states to however the 13-week IUR is less than 2. Information on areas in which leverage and focus across program 120 percent of the average 13-week rate states, territories, or local areas have partners as they see fit, would add the of the prior two years during the taken steps to align technology and data most value in terms of addressing corresponding 13-week period. systems across programs. In particular, existing technology gaps as well as Therefore the payable period in EB for ETA is interested in: promote better outcomes for customers. Pennsylvania will end on May 15, 2021. a. How many or which partner ETA seeks feedback on this initial The trigger notice covering state programs the efforts have encompassed, analysis, including: eligibility for the EB program can be among any DOL-funded programs, AJC a. From your perspective, would an found at: http://ows.doleta.gov/ partner programs, or other public integrated case management solution unemploy/claims_arch.as. benefit or career advancement programs; add value to your program operations, b. Whether the efforts have included and if so how? Information for Claimants comprehensive case management b. What are the pros and cons of a The duration of benefits payable in systems integration; model where a Federal agency or the EB program, and the terms and c. Whether the efforts have included agencies support(s) building a system conditions on which they are payable, agile development solutions that create with a consortium of states, and makes are governed by the Federal-State interoperability among existing systems it available to others via open source? Extended Unemployment Compensation and leverage modularity, application c. What are the pros and cons of a Act of 1970, as amended, and the programming interfaces (APIs), open model where a Federal agency or operating instructions issued to the source technologies and micro services agencies coordinate(s) a system states by the U.S. Department of Labor. architecture. framework and states or local areas can In the case of a state beginning an EB
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27898 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
period, the State Workforce Agency will Individuals may inspect copies of the The petitioner states that: furnish a written notice of potential petition and comments during normal (a) The current 3M Airstream entitlement to each individual who has business hours at the address listed Powered Air Purifying Respirator exhausted all rights to regular benefits above. (PAPR), mining Headgear-Mounted and is potentially eligible for EB (20 MSHA will consider only comments model, is approved by MSHA but has CFR 615.13 (c)(1)). postmarked by the U.S. Postal Service or been discontinued by the manufacturer, Persons who believe they may be proof of delivery from another delivery 3M. The 3M Airstream model allows for entitled to EB, or who wish to inquire service such as UPS or Federal Express constantly filtered air to flow, reducing about their rights under the program, on or before the deadline for comments. exposure to respirable dust. should contact their State Workforce FOR FURTHER INFORMATION CONTACT: S. (b) There are no other MSHA- Agency. Aromie Noe, Office of Standards, approved PAPRs. FOR FURTHER INFORMATION CONTACT: U.S. Regulations, and Variances at 202–693– (c) The 3M Versaflo TR–800 PAPR is Department of Labor, Employment and 9440 (voice), [email protected] intrinsically safe and certified under Training Administration, Office of (email), or 202–693–9441 (facsimile). ANSI/UL 60079–11 standard for Unemployment Insurance Room [These are not toll-free numbers.] hazardous locations. S–4524, Attn: Thomas Stengle, 200 SUPPLEMENTARY INFORMATION: Section (d) The 3M Versaflo TR–800 PAPR Constitution Avenue NW, Washington, 101(c) of the Federal Mine Safety and allows for increased movement in tight DC 20210, telephone number (202) 693– Health Act of 1977 and Title 30 of the spaces, while protecting against dust 2991 (this is not a toll-free number) or Code of Federal Regulations (CFR) part contamination. It is easy to use. It, has by email: [email protected]. 44 govern the application, processing, interchangeable components for specific applications, audible and visual alarms Signed in Washington, DC. and disposition of petitions for modification. for restricted flow, a multi speed Suzan G. LeVine, blower, and long run battery times. It Principal Deputy Assistant Secretary for I. Background charges quickly. Employment and Training. Section 101(c) of the Federal Mine The petitioner proposes the following [FR Doc. 2021–10873 Filed 5–21–21; 8:45 am] Safety and Health Act of 1977 (Mine alternative method: BILLING CODE 4510–FW–P Act) allows the mine operator or (a) The petitioner will use the 3M representative of miners to file a Versaflo TR–800 PAPR in or inby the last open crosscut to protect miners DEPARTMENT OF LABOR petition to modify the application of any mandatory safety standard to a coal or from exposure to respirable dust during regular longwall mining operations. Mine Safety and Health Administration other mine if the Secretary of Labor determines that: (b) When not in operation, batteries Petitions for Modification of 1. An alternative method of achieving for the PAPR will be charged on the Application of Existing Mandatory the result of such standard exists which surface or underground in intake air and Safety Standards will at all times guarantee no less than not within 150 feet of a worked out area. the same measure of protection afforded (c) Batteries will be inspected and AGENCY: Mine Safety and Health the miners of such mine by such changed at the surface or underground Administration, Labor. standard; or in intake air. ACTION: Notice. 2. The application of such standard to (d) Battery charging products used such mine will result in a diminution of will be the 3M TR–641N or the 3M 4- SUMMARY: This notice includes the safety to the miners in such mine. station battery charger TR–644N. summaries of three petitions for In addition, sections 44.10 and 44.11 (e) The 3M Versaflo TR–800 will modification submitted to the Mine of 30 CFR establish the requirements for exclusively use the 3M TR–830 battery Safety and Health Administration filing petitions for modification. pack. (MSHA) by the party listed below. (f) Before beginning use, miners will DATES: All comments on the petitions II. Petitions for Modification be trained on how to safely use, care for, must be received by MSHA’s Office of Docket Number: M–2021–007–C. and inspect 3M Versaflo TR–800 PAPR Standards, Regulations, and Variances Petitioner: Mountain Coal Company, units per the manufacturer’s on or before June 23, 2021. L.L.C., 5174 Highway 133, Somerset, instructions. ADDRESSES: You may submit your Colorado (ZIP 81434). (g) The 3M Versaflo TR-will be comments including the docket number Mine: West Elk Mine, MSHA ID No. assessed for physical damage and of the petition by any of the following 05–03672, located in Gunnison County, integrity of the unit’s case before each methods: Colorado. use. 1. Electronic Mail: zzMSHA- Regulation Affected: 30 CFR 75.507– (h) The product will not be used if a [email protected]. Include the docket 1(a) (Electric equipment other than methane level is found to be at or above number of the petition in the subject power-connection points; outby the last 1.0 percent. If methane levels are higher line of the message. open crosscut; return air; permissibility than 1.0 percent, the equipment will 2. Facsimile: 202–693–9441. requirements). immediately be de-energized and 3. Regular Mail or Hand Delivery: Modification Request: The petitioner withdrawn from affected areas. MSHA, Office of Standards, requests a modification of the existing (i) The product will not be used in Regulations, and Variances, 201 12th standard, 30 CFR 75.507–1(a), as it continuous miner sections alongside Street South, Suite 4E401, Arlington, relates to the use of an alternative proximity detection systems. Virginia 22202–5452, Attention: S. method of respirable dust protection for The petitioner asserts that the Aromie Noe, Acting Deputy Director, longwall miners at the West Elk Mine in alternate method proposed will at all Office of Standards, Regulations, and Colorado. Specifically, the petitioner is times guarantee no less than the same Variances. Persons delivering applying to use the battery-powered 3M measure of protection afforded the documents are required to check in at Versaflo TR–800 Respirator in return air miners under the mandatory standard. the receptionist’s desk in Suite 4E401. outby the last open crosscut. Docket Number: M–2021–008–C.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27899
Petitioner: Mountain Coal Company, integrity of the unit’s case before each (b) When not in operation, batteries L.L.C., 5174 Highway 133, Somerset, use. for the PAPR will be charged on the Colorado (ZIP 81434). (h) The product will not be used if a surface or underground in intake air and Mine: West Elk Mine, MSHA ID No. methane level is found to be at or above not within 150 feet of a worked out area. 05–03672, located in Gunnison County, 1.0 percent. If methane levels are higher (c) Batteries will be inspected and Colorado. than 1.0 percent, the equipment will changed at the surface or underground Regulation Affected: 30 CFR 75.500(d) immediately be de-energized and in intake air. (Permissible electric equipment). withdrawn from affected areas. (d) Battery charging products used Modification Request: The petitioner (i) The product will not be used in will be the 3M TR–641N or the 3M 4- requests a modification of the existing continuous miner sections alongside station battery charger TR–644N. standard, 30 CFR 75.500(d), as it relates proximity detection systems. (e) The 3M Versaflo TR–800 will to the use of an alternative method of The petitioner asserts that the exclusively use the 3M TR–830 battery respirable dust protection at the West alternate method proposed will at all pack. Elk Mine in Colorado. Specifically, the times guarantee no less than the same (f) Before beginning use, miners will petitioner is applying to utilize the measure of protection afforded the be trained on how to safely use, care for, battery-powered 3M Versaflo TR–800 miners under the mandatory standard. and inspect 3M Versaflo TR–800 PAPR Respirator for longwall miners in or Docket Number: M–2021–009–C. units per the manufacturer’s inby the last open crosscut at the West Petitioner: Mountain Coal Company, instructions. Elk Mine in Colorado. L.L.C., 5174 Highway 133, Somerset, The petitioner states that: (g) The 3M Versaflo TR-will be Colorado (ZIP 81434). assessed for physical damage and (a) The current 3M Airstream Mine: West Elk Mine, MSHA ID No. integrity of the unit’s case before each Powered Air Purifying Respirator 05–03672, located in Gunnison County, use. (PAPR), mining Headgear-Mounted Colorado. model, is approved by MSHA but has Regulation Affected: Regulation (h) The product will not be used if a been discontinued by the manufacturer, Affected: 30 CFR 75.1002(a) (Installation methane level is found to be at or above 3M. The 3M Airstream model allows for of electric equipment and conductors; 1.0 percent. If methane levels are higher constantly filtered air to flow, reducing permissibility). than 1.0 percent, the equipment will exposure to respirable dust. Modification Request: The petitioner immediately be de-energized and (b) There are no other MSHA- requests a modification of the existing withdrawn from affected areas. approved PAPRs. standard, 30 CFR 75.1002(a), as it relates (i) The product will not be used in (c) The 3M Versaflo TR–800 PAPR is to the use of an alternative method of continuous miner sections alongside intrinsically safe and certified under respirable dust protection for longwall proximity detection systems. ANSI/UL 60079–11 standard for miners at the West Elk mine in The petitioner asserts that the hazardous locations. Colorado. Specifically, the petitioner is alternate method proposed will at all (d) The 3M Versaflo TR–800 PAPR applying to utilize the battery-powered times guarantee no less than the same allows for increased movement in tight 3M Versaflo TR–800 Respirator within measure of protection afforded the spaces, while protecting against dust 150 feet of pillar workings or longwall miners under the mandatory standard. contamination. It is easy to use. It, has faces. interchangeable components for specific Song-ae Aromie Noe, The petitioner states that: Acting Deputy Director, Office of Standards, applications, audible and visual alarms (a) The current 3M Airstream for restricted flow, a multi speed Regulations, and Variances. Powered Air Purifying Respirator [FR Doc. 2021–10875 Filed 5–21–21; 8:45 am] blower, and long run battery times. It (PAPR), mining Headgear-Mounted BILLING CODE 4520–43–P charges quickly. model, is approved by MSHA but has The petitioner proposes the following been discontinued by the manufacturer, alternative method: (a) The petitioner will use the 3M 3M. The 3M Airstream model allows for DEPARTMENT OF LABOR Versaflo TR–800 PAPR in or inby the constantly filtered air to flow, reducing last open crosscut to protect miners exposure to respirable dust. Occupational Safety and Health from exposure to respirable dust during (b) There are no other MSHA- Administration regular longwall mining operations. approved PAPRs. (c) The 3M Versaflo TR–800 PAPR is (b) When not in operation, batteries [Docket No. OSHA–2009–0025] for the PAPR will be charged on the intrinsically safe and certified under surface or underground in intake air and ANSI/UL 60079–11 standard for UL LLC: Grant of Expansion of not within 150 feet of a worked out area. hazardous locations. Recognition and Modification to the (c) Batteries will be inspected and (d) The 3M Versaflo TR–800 PAPR NRTL Program’s List of Appropriate changed at the surface or underground allows for increased movement in tight Test Standards in intake air. spaces, while protecting against dust (d) Battery charging products used contamination. It is easy to use. It, has AGENCY: Occupational Safety and Health will be the 3M TR–641N or the 3M 4- interchangeable components for specific Administration (OSHA), Labor. station battery charger TR–644N. applications, audible and visual alarms ACTION: Notice. (e) The 3M Versaflo TR–800 will for restricted flow, a multi speed exclusively use the 3M TR–830 battery blower, and long run battery times. It SUMMARY: In this notice, OSHA pack. charges quickly. announces the final decision to expand (f) Before beginning use, miners will The petitioner proposes the following the scope of recognition for UL LLC as be trained on how to safely use, care for, alternative method: a Nationally Recognized Testing and inspect 3M Versaflo TR–800 PAPR (a) The petitioner will use the 3M Laboratory (NRTL). Additionally, OSHA units per the manufacturer’s Versaflo TR–800 PAPR in or inby the announces the final decision to add instructions. last open crosscut to protect miners eight test standards to the NRTL (g) The 3M Versaflo TR-will be from exposure to respirable dust during Program’s list of appropriate test assessed for physical damage and regular longwall mining operations. standards.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27900 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
DATES: The expansion of the scope of NRTL to meet OSHA standards that applications in the Federal Register on recognition becomes effective on May require testing and certification of the February 23, 2021 (86 FR 10998). The 24, 2021. products. agency requested comments by March FOR FURTHER INFORMATION CONTACT: The agency processes applications by 10, 2021, but it received no comments Information regarding this notice is a NRTL for initial recognition and for an in response to this notice. OSHA is now available from the following sources: expansion or renewal of this proceeding with this final notice to Press inquiries: Contact Mr. Frank recognition, following requirements in grant expansion of UL’s scope of Meilinger, Director, OSHA Office of Appendix A to 29 CFR 1910.7. This recognition and modification to the Communications, U.S. Department of appendix requires that the agency NRTL Program’s List of Appropriate Labor, telephone: (202) 693–1999; publish two notices in the Federal Test Standards. email: [email protected]. Register in processing an application. In General and technical information: the first notice, OSHA announces the To obtain or review copies of all Contact Mr. Kevin Robinson, Director, application and provides a preliminary public documents pertaining to UL’s Office of Technical Programs and finding. In the second notice, the agency application, go to http:// Coordination Activities, Directorate of provides the final decision on the www.regulations.gov or contact the Technical Support and Emergency application. These notices set forth the Docket Office, Occupational Safety and Management, Occupational Safety and NRTL’s scope of recognition or Health Administration, U.S. Department Health Administration, U.S. Department modifications of that scope. OSHA of Labor. Docket No. OSHA–2009–0025 of Labor, phone: (202) 693–2110 or maintains an informational web page for contains all materials in the record email: [email protected]. each NRTL, including UL, which details concerning UL’s recognition. Please SUPPLEMENTARY INFORMATION: the NRTL’s scope of recognition. These note: Due to the COVID–19 pandemic, pages are available from the OSHA the Docket Office is closed to the public I. Notice of Final Decision website at http://www.osha.gov/dts/ at this time but can be contacted at (202) OSHA hereby gives notice of the otpca/nrtl/index.html. 693–2350. expansion of the scope of recognition of UL submitted three applications to UL LLC (UL) as a NRTL. UL’s expansion OSHA to expand their recognition as a II. Final Decision and Order covers the addition of fourteen test NRTL. The first application was OSHA staff examined UL’s expansion standards to the NRTL scope of received on May 31, 2019 (OSHA–2009– recognition, eight of which OSHA will 0025–0032), the second application was applications, its capability to meet the add to the NRTL Program’s List of received on July 2, 2019 (OSHA–2009– requirements of the test standards, and Appropriate Test Standards. 0025–0033), and the third application other pertinent information. Based on OSHA recognition of a NRTL signifies was received on April 15, 2020 (OSHA– its review of this evidence, OSHA finds that the organization meets the 2009–0025–0034). The expansion that UL meets the requirements of 29 requirements specified in 29 CFR applications would add fourteen CFR 1910.7 for expansion of its 1910.7. Recognition is an additional test standards to UL’s NRTL recognition, subject to the limitations acknowledgment that the organization recognition. OSHA staff performed a and conditions listed in this notice. can perform independent safety testing detailed analysis of the application OSHA, therefore, is proceeding with and certification of the specific products packets and reviewed other pertinent this final notice to grant UL’s scope of covered within the scope of recognition information. OSHA did not perform any recognition. OSHA limits the expansion and is not a delegation or grant of on-site reviews in relation to these of UL’s recognition to testing and government authority. As a result of applications. certification of products for recognition, employers may use OSHA published the preliminary demonstration of conformance to the products properly approved by the notice announcing UL’s expansion test standards listed below in Table 1.
TABLE 1—LIST OF APPROPRIATE TEST STANDARDS FOR INCLUSION IN UL’S NRTL SCOPE OF RECOGNITION
Test standard Test standard title
UL 6141 ...... Standard for Wind Turbines Permitting Entry of Personnel. UL 2524 ...... In-Building 2-Way Emergency Radio Communication Enhancement Systems. UL 61010–2–020 Electrical Equipment for Measurement, Control and Laboratory Use—Part 2–020: Particular Requirements for Laboratory Centrifuges. UL 61010–2–81 ... Standard for Safety Requirements for Electrical Equipment for Measurement, Control and Laboratory Use—Part 2–81: Par- ticular Requirements for Automatic and Semi-Automatic Laboratory Equipment for Analysis and Other Purposes. UL 61010–2–101 Safety Requirements for Electrical Equipment for Measurement, Control and Laboratory Use—Part 2–101: Particular Re- quirements for In Vitro Diagnostic (IVD) Medical Equipment. UL 9540 ...... Standard for Energy Storage Systems and Equipment. * UL 498C ...... Flatiron and Appliance Plugs. * UL 489B ...... Molded-Case Circuit Breakers, Molded-Case Switches, and Circuit-Breaker Enclosures For Use With Photovoltaic (PV) Systems. * UL 60320–1 ...... Appliance Couplers for Household and Similar General Purposes—Part 1: General Requirements. * UL 4248–19 ...... Fuseholders—Part 19: Photovoltaic Fuseholders. * UL 2231–1 ...... Personnel Protection Systems for Electric Vehicle (EV) Supply Circuits: General Requirements. * UL 2231–2 ...... Personnel Protection Systems for Electric Vehicle (EV) Supply Circuits: Particular Requirements for Protection Devices for Use in Charging Systems. * UL 879A ...... LED Sign and Sign Refrofit Kits. * UL 60335–2–89 Household and Similar Electrical Appliances—Safety—Part 2–89: Particular Requirements for Commercial Refrigerating Ap- pliances with an Incorporated or Remote Refrigerant Unit or Compressor. * Represents the standards that OSHA is adding to the NRTL Program’s List of Appropriate Test Standards.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27901
In this notice, OSHA also announces below lists the standards that are new to them to the NRTL Program’s List of the final decision to add eight new test the NRTL Program. OSHA has Appropriate Test Standards. standards to the NRTL Program’s List of determined that these test standards are Appropriate Test Standards. Table 2 appropriate test standards and will add
TABLE 2—STANDARDS OSHA IS ADDING TO THE NRTL PROGRAM’S LIST OF APPROPRIATE TEST STANDARDS
Test standard Test standard title
UL 498C ...... Flatiron and Appliance Plugs. UL 489B ...... Molded-Case Circuit Breakers, Molded-Case Switches, and Circuit-Breaker Enclosures For Use With Photovoltaic (PV) Systems. UL 60320–1 ...... Appliance Couplers for Household and Similar General Purposes—Part 1: General Requirements. UL 4248–19 ...... Fuseholders—Part 19: Photovoltaic Fuseholders. UL 2231–1 ...... Personnel Protection Systems for Electric Vehicle (EV) Supply Circuits: General Requirements. UL 2231–2 ...... Personnel Protection Systems for Electric Vehicle (EV) Supply Circuits: Particular Requirements for Protection Devices for Use in Charging Systems. UL 879A ...... LED Sign and Sign Refrofit Kits. UL 60335–2–89 ... Household and Similar Electrical Appliances—Safety—Part 2–89: Particular Requirements for Commercial Refrigerating Ap- pliances with an Incorporated or Remote Refrigerant Unit or Compressor.
OSHA’s recognition of any NRTL for UL’s scope of recognition, in all areas America, Inc., as a Nationally a particular test standard is limited to for which it has recognition. Recognized Testing Laboratory (NRTL). equipment or materials for which OSHA Pursuant to the authority in 29 CFR Additionally, OSHA announces the standards require third-party testing and 1910.7, OSHA hereby expands the scope addition of five test standards to the certification before using them in the of recognition of UL, subject to the NRTL Program’s List of Appropriate workplace. Consequently, if a test limitations and conditions specified Test Standards. standard also covers any products for above. OSHA also adds eight standards DATES: The expansion of the scope of which OSHA does not require such to the NRTL Program’s List of recognition becomes effective on May testing and certification, a NRTL’s scope Appropriate Test Standards. 24, 2021. of recognition does not include these III. Authority and Signature FOR FURTHER INFORMATION CONTACT: products. Information regarding this notice is The American National Standards James S. Frederick, Acting Assistant Secretary of Labor for Occupational available from the following sources: Institute (ANSI) may approve the test Press inquiries: Contact Mr. Frank Safety and Health, 200 Constitution standard listed above as an American Meilinger, Director, OSHA Office of Avenue NW, Washington, DC 20210, National Standard. However, for Communications, U.S. Department of authorized the preparation of this convenience, we may use the Labor; telephone: (202) 693–1999; notice. Accordingly, the agency is designation of the standards-developing email: [email protected]. issuing this notice pursuant to 29 U.S.C. organization for the standard as opposed General and technical information: 657(g)(2), Secretary of Labor’s Order No. to the ANSI designation. Under the Contact Mr. Kevin Robinson, Director, 8–2020 (85 FR 58393, September 18, NRTL Program’s policy (see OSHA Office of Technical Programs and 2020) and 29 CFR 1910.7. Instruction CPL 1–0.3, Appendix C, Coordination Activities, Directorate of paragraph XIV), any NRTL recognized Signed at Washington, DC, on May 13, Technical Support and Emergency for a particular test standard may use 2021. Management, Occupational Safety and either the proprietary version of the test James S. Frederick, Health Administration, U.S. Department standard or the ANSI version of that Acting Assistant Secretary of Labor for of Labor; telephone: (202) 693–2110; standard. Contact ANSI to determine Occupational Safety and Health. email: [email protected]. OSHA’s whether a test standard is currently [FR Doc. 2021–10872 Filed 5–21–21; 8:45 am] web page includes information about ANSI-approved. BILLING CODE 4510–26–P the NRTL Program (see http:// A. Conditions www.osha.gov/dts/otpca/nrtl/ index.html). In addition to those conditions DEPARTMENT OF LABOR SUPPLEMENTARY INFORMATION: already required by 29 CFR 1910.7, UL must abide by the following conditions Occupational Safety and Health I. Notice of Final Decision Administration of the recognition: OSHA hereby gives notice of the 1. UL must inform OSHA as soon as [Docket No. OSHA–2006–0040] expansion of the scope of recognition of possible, in writing, of any change of SGS of North America, Inc. (SGS), as a ownership, facilities, or key personnel, SGS North America, Inc.: Grant of NRTL. SGS’s expansion covers the and of any major change in its Expansion of Recognition and addition of five test standards to the operations as a NRTL, and provide Modification to the NRTL Program’s scope of recognition. Additionally, details of the change(s); List of Appropriate Test Standards OSHA announces the addition of five 2. UL must meet all the terms of its AGENCY: Occupational Safety and Health test standards to the NRTL Program’s recognition and comply with all OSHA Administration (OSHA), Labor. List of Appropriate Test Standards. policies pertaining to this recognition; ACTION: Notice. OSHA recognition of a NRTL signifies and that the organization meets the 3. UL must continue to meet the SUMMARY: In this notice, OSHA requirements specified by 29 CFR requirements for recognition, including announces the final decision to expand 1910.7. Recognition is an all previously published conditions on the scope of recognition for SGS North acknowledgment that the organization
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27902 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
can perform independent safety testing recognition. These pages are available application, go to http:// and certification of the specific products from the agency’s website at http:// www.regulations.gov. Docket No. covered within the scope of recognition www.osha.gov/dts/otpca/nrtl/ OSHA–2006–0040 contains all materials and is not a delegation or grant of index.html. in the record concerning SGS’s government authority. As a result of SGS submitted an application to recognition. Please note: Due to the recognition, employers may use OSHA to expand recognition as a NRTL COVID–19 pandemic, the Docket Office products properly approved by the to include five additional test standards is closed to the public at this time but NRTL to meet OSHA standards that on May 16, 2019 (OSHA–2006–0040– can be contacted at (202) 693–2350. require testing and certification of the 0058). OSHA staff performed a detailed II. Final Decision and Order products. analysis of the application packet and The agency processes applications by reviewed other pertinent information. OSHA staff examined SGS’s a NRTL for initial recognition, or for OSHA did not perform any on-site expansion application, the capability to expansion or renewal of this reviews in relation to this application. meet the requirements of the test recognition, following requirements in OSHA published the preliminary standards, and other pertinent Appendix A to 29 CFR 1910.7. This notice announcing SGS’s expansion information. Based on a review of this appendix requires that the agency application and proposed addition to evidence, OSHA finds that SGS meets publish two notices in the Federal the NRTL Program’s List of Appropriate the requirements of 29 CFR 1910.7 for Register in processing an application. In Test Standards in the Federal Register expansion of the recognition, subject to the first notice, OSHA announces the on April 7, 2021 (86 FR 18073). The the specified limitation and conditions application and provides a preliminary agency requested comments by April 22, listed. OSHA, therefore, is proceeding finding and, in the second notice, the 2021, but it received no comments in with this final notice to grant expansion agency provides the final decision on response to this notice. OSHA now is of SGS’s scope of recognition. OSHA the application. These notices set forth proceeding with this final notice to limits the expansion of SGS’s scope of the NRTL’s scope of recognition or grant expansion of SGS’s scope of recognition to testing and certification modifications of that scope. OSHA recognition. of products for demonstration of maintains an informational web page for To obtain or review copies of all conformance to the test standard listed each NRTL that details the scope of public documents pertaining to SGS’s in Table 1.
TABLE 1—LIST OF APPROPRIATE TEST STANDARDS FOR INCLUSION IN SGS’S NRTL SCOPE OF RECOGNITION
Test standard Test standard title
UL 62841–2–1* ...... Electric Motor-Operated Hand-Held Tools, Transportable Tools And Lawn And Garden Machinery—Part 2–1: Par- ticular Requirements for Hand-Held Drills and Impact Drills. UL 62841–2–10 * ...... Electric Motor-Operated Hand-Held Tools, Transportable Tools And Lawn And Garden Machinery—Part 2–10: Par- ticular Requirements for Hand-Held Mixers. UL 62841–2–21 * ...... Electric Motor-Operated Hand-Held Tools, Transportable Tools And Lawn And Garden Machinery—Part 2–21: Par- ticular Requirements for Hand-Held Drain Cleaners. UL 62841–3–13 * ...... Electric Motor-Operated Hand-Held Tools, Transportable Tools And Lawn And Garden Machinery—Part 3–13: Par- ticular Requirements for Transportable Drills. UL 60745–2–23 * ...... Hand-Held Motor-Operated Electric Tools—Safety—Part 2–23: Particular Requirements for Die Grinders and Small Rotary Tools. * Represents standard OSHA is adding to the List of Appropriate Test Standards.
In this notice, OSHA also announces below, lists the test standards that are include them in the NRTL Program’s the addition of five new test standards new to the NRTL Program. OSHA has List of Appropriate Test Standards. to the NRTL Program’s List of determined that these test standards are Appropriate Test Standards. Table 2, appropriate test standards and will
TABLE 2—TEST STANDARDS OSHA IS ADDING TO THE NRTL PROGRAM’S LIST OF APPROPRIATE TEST STANDARDS
Test standard Test standard title
UL 62841–2–1 ...... Electric Motor-Operated Hand-Held Tools, Transportable Tools And Lawn And Garden Machinery—Part 2–1: Par- ticular Requirements for Hand-Held Drills and Impact Drills. UL 62841–2–10 ...... Electric Motor-Operated Hand-Held Tools, Transportable Tools And Lawn And Garden Machinery—Part 2–10: Par- ticular Requirements for Hand-Held Mixers. UL 62841–2–21 ...... Electric Motor-Operated Hand-Held Tools, Transportable Tools And Lawn And Garden Machinery—Part 2–21: Par- ticular Requirements for Hand-Held Drain Cleaners. UL 62841–3–13 ...... Electric Motor-Operated Hand-Held Tools, Transportable Tools And Lawn And Garden Machinery—Part 3–13: Par- ticular Requirements for Transportable Drills. UL 60745–2–23 ...... Hand-Held Motor-Operated Electric Tools—Safety—Part 2–23: Particular Requirements for Die Grinders and Small Rotary Tools.
OSHA’s recognition of any NRTL for certification before using them in the testing and certification, a NRTL’s scope a particular test standard is limited to workplace. Consequently, if a test of recognition does not include these equipment or materials for which OSHA standard also covers any products for products. standards require third-party testing and which OSHA does not require such
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27903
A. Conditions Madison and St. Clair Counties in Dated: May 19, 2021. In addition to those conditions Illinois as part of the Midwest HIDTA; Crystal Robinson, already required by 29 CFR 1910.7, SGS and (4) Erie County in Pennsylvania as Committee Management Officer. must abide by the following conditions part of the Ohio HIDTA. [FR Doc. 2021–10897 Filed 5–21–21; 8:45 am] of the recognition: FOR FURTHER INFORMATION CONTACT: BILLING CODE 7555–01–P 1. SGS must inform OSHA as soon as Questions regarding this notice should possible, in writing, of any change of be directed to Shannon L. Kelly, ownership, facilities, or key personnel, National HIDTA Director, Office of NATIONAL SCIENCE FOUNDATION and of any major change in the National Drug Control Policy, Executive operations as a NRTL, and provide STEM Education Advisory Panel; Office of the President, Washington, DC Notice of Meeting details of the change(s); 20503; (202) 395–5872. 2. SGS must meet all the terms of the Dated: May 18, 2021. In accordance with the Federal Advisory recognition and comply with all OSHA Committee Act (Pub. L. 92–463, as amended), policies pertaining to this recognition; Robert Kent, the National Science Foundation (NSF) and General Counsel. announces the following meeting: 3. SGS must continue to meet the [FR Doc. 2021–10852 Filed 5–21–21; 8:45 am] Name and Committee Code: STEM requirements for recognition, including BILLING CODE 3280–F5–P Education Advisory Panel (#2624). all previously published conditions on SGS’s scope of recognition, in all areas Date and Time: June 18, 2021; 11:00 for which it has recognition. a.m.–5:30 p.m. Pursuant to the authority in 29 CFR NATIONAL SCIENCE FOUNDATION Place: Virtual meeting sponsored by 1910.7, OSHA hereby expands the scope the National Science Foundation, of recognition of SGS, subject to the Advisory Committee for Environmental Directorate for Education and Human limitations and conditions specified Research and Education; Notice of Resources, 2415 Eisenhower Avenue, above. OSHA also adds five new test Meeting Alexandria, VA 22314. standards to the NRTL Program’s List of All participants must register at least Appropriate Test Standards. In accordance with the Federal Advisory Committee Act (Pub. L. 92–463, as amended), 48 hours before the meeting. To attend III. Authority and Signature the National Science Foundation (NSF) this virtual meeting in listen-in only announces the following meeting: mode, send your request to James S. Frederick, Acting Assistant [email protected]. The final Secretary of Labor for Occupational Name and Committee Code: Advisory meeting agenda will be posted to: Safety and Health, authorized the Committee for Environmental Research https://nsf.gov/ehr/ preparation of this notice. Accordingly, and Education (9487). STEMEdAdvisory.jsp. the agency is issuing this notice Date and Time: June 21, 2021; 1:00 Type of Meeting: Open. pursuant to Section 29 U.S.C. 655(6)(d), p.m.–5:30 p.m. EDT. Secretary of Labor’s Order No. 8–2020 Contact Person: Keaven Stevenson, (85 FR 58393; Sept. 18, 2020), and 29 Place: National Science Foundation, Directorate Administrative Coordinator, CFR 1910.7. 2415 Eisenhower Avenue, Alexandria, Room C11001, National Science VA 22314. Videoconference. Interested Foundation, 2415 Eisenhower Avenue, Signed at Washington, DC, on May 17, Alexandria, VA 22314. Contact 2021. parties can register to join via teleconference at: https:// Information: 703–292–8600/kstevens@ James S. Frederick, nsf.zoomgov.com/meeting/register/vJIsf- nsf.gov. Acting Assistant Secretary of Labor for CgqTMrGpd8QfHdZTUpaSQI_zt6Q8o, Occupational Safety and Health. Summary of Minutes: Agenda and Closed Caption will be available at: Minutes will be available on the STEM [FR Doc. 2021–10868 Filed 5–21–21; 8:45 am] https://www.captionedtext.com/client/ Education Advisory Panel website at BILLING CODE 4510–26–P event.aspx?EventID=4796118& https://nsf.gov/ehr/STEMEdAdvisory.jsp CustomerID=321. or can be obtained from Charisse Carnie- Type of Meeting: Open. Nunes, National Science Foundation, EXECUTIVE OFFICE OF THE 2415 Eisenhower Avenue, Room Contact Person: Dr. Anjuli Bamzai, PRESIDENT C11000, Alexandria, VA 22314; (703) Staff Associate, Office of Integrative 292–8600; [email protected]. Office of National Drug Control Policy Activities/Office of the Director/ National Science Foundation, 2415 Purpose of Meeting: To provide Designation of Six Areas as High Eisenhower Avenue, Alexandria, VA advice to the Committee on Science, Intensity Drug Trafficking Areas 22314; (Email: [email protected], Technology, Engineering, and Mathematics Education (CoSTEM) and AGENCY: Office of National Drug Control Telephone: (703) 292–8688). to assess CoSTEM’s progress. Policy (ONDCP). Minutes: May be obtained from the ACTION: Notice of six HIDTA AC’s website at: https://www.nsf.gov/ Agenda designations. ere/ereweb/minutes.jsp. • Welcoming Remarks SUMMARY: The Director of the Office of Purpose of Meeting: To provide • NSTC and CoSTEM advice, recommendations, and oversight National Drug Control Policy designated • STEM Education Advisory Panel concerning support for environmental six additional areas as High Intensity Report Recap research and education. Drug Trafficking Areas (HIDTA).. The • Update—FC–STEM, Tiger Teams new areas are (1) Daviess County in Agenda: To discuss subcommittee Communities of Practice Kentucky as part of the Appalachia work and prepare for future advisory • HIDTA; (2) El Dorado and Placer committee activities. Updated agenda Update—Interagency Working Groups Counties in California as part of the will be available at https://www.nsf.gov/ • Panel Discussion Central Valley California HIDTA; (3) ere/ereweb/minutes.jsp. • Closing Remarks
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27904 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
Dated: May 19, 2021. There are no meetings scheduled for POSTAL REGULATORY COMMISSION Crystal Robinson, the week of June 14, 2021. [Docket No. MC2021–91; Order No. 5894] Committee Management Officer. Week of June 21, 2021—Tentative [FR Doc. 2021–10903 Filed 5–21–21; 8:45 am] Mail Classification Schedule BILLING CODE 7555–01–P Tuesday, June 22, 2021 AGENCY: Postal Regulatory Commission. 9:00 a.m. Briefing on Transformation ACTION: Notice. at the NRC—Midyear Review NUCLEAR REGULATORY SUMMARY: The Commission is COMMISSION (Public Meeting). (Contact: Maria Arribas-Colon: 301–415–6026) acknowledging a recent Postal Service [NRC–2021–0001] filing concerning classification changes Additional Information: Due to to the Mail Classification Schedule Sunshine Act Meetings COVID–19, there will be no physical related to International Mail. This public attendance. The public is invited document informs the public of the TIME AND DATE: Weeks of May 24, 31, to attend the Commission’s meeting live filing, invites public comment, and June 7, 14, 21, 28, 2021. by webcast at the Web address—https:// takes other administrative steps. PLACE: Commissioners’ Conference video.nrc.gov/. DATES: Comments are due: May 25, Room, 11555 Rockville Pike, Rockville, Week of June 28, 2021—Tentative 2021. Maryland. ADDRESSES: Submit comments STATUS: Public. There are no meetings scheduled for electronically via the Commission’s MATTERS TO BE CONSIDERED: the week of June 28, 2021. Filing Online system at http:// Week of May 24, 2021 CONTACT PERSON FOR MORE INFORMATION: www.prc.gov. Those who cannot submit For more information or to verify the comments electronically should contact Tuesday, May 25, 2021 status of meetings, contact Wesley Held the person identified in the FOR FURTHER 9:00 a.m. Strategic Programmatic at 301–287–3591 or via email at INFORMATION CONTACT section by Overview of the Fuel Facilities and [email protected]. The schedule for telephone for advice on filing the Spent Fuel Storage and Commission meetings is subject to alternatives. Transportation Business Lines change on short notice. FOR FURTHER INFORMATION CONTACT: (Public Meeting). (Contact: Damaris The NRC Commission Meeting David A. Trissell, General Counsel, at Marcano: 301–415–7328) Schedule can be found on the internet 202–789–6820. Additional Information: Due to at: https://www.nrc.gov/public-involve/ SUPPLEMENTARY INFORMATION: COVID–19, there will be no physical public-meetings/schedule.html. Table of Contents public attendance. The public is invited The NRC provides reasonable to attend the Commission’s meeting live I. Introduction accommodation to individuals with by webcast at the Web address—https:// II. Commission Action disabilities where appropriate. If you video.nrc.gov/. IIII. Ordering Paragraphs need a reasonable accommodation to Week of May 31, 2021—Tentative participate in these public meetings or I. Introduction There are no meetings scheduled for need this meeting notice or the On May 13, 2021, the Postal Service the week of May 31, 2021. transcript or other information from the filed a request with the Commission public meetings in another format (e.g., pursuant to 39 CFR 3040.180 to make Week of June 7, 2021—Tentative braille, large print), please notify Anne changes to the classification of Tuesday, June 8, 2021 Silk, NRC Disability Program Specialist, Outbound Single-Piece First-Class at 301–287–0745, by videophone at Package International Service (FCPIS).1 10:00 a.m. Briefing on Human Capital 240–428–3217, or by email at In support of its Request, the Postal and Equal Employment [email protected]. Determinations on Service filed the following documents: • Opportunity (Public Meeting). requests for reasonable accommodation Attachment 1 to the Request— (Contact: Anne DeFrancisco: 610– will be made on a case-by-case basis. Decision of the Governors of the United 337–5078) States Postal Service on Mail Members of the public may request to Additional Information: Due to Classification Schedule Changes Related receive this information electronically. COVID–19, there will be no physical to the Outbound Commercial Provider If you would like to be added to the public attendance. The public is invited Initiative, May 6, 2021 (Governors’ distribution, please contact the Nuclear to attend the Commission’s meeting live Decision No. 21–4) and Draft Mail Regulatory Commission, Office of the by webcast at the Web address—https:// Classification Schedule (MCS) language; Secretary, Washington, DC 20555, at video.nrc.gov/. and 301–415–1969, or by email at • Attachment 1 to the Errata— Thursday, June 10, 2021 [email protected] or Tyesha.Bush@ Certification of Governors’ Vote on 10:00 a.m. Briefing on Results of the nrc.gov. Governors’ Decision No. 21–4. Agency Action Review Meeting The NRC is holding the meetings The Postal Service describes the (Public Meeting). (Contact: Nicole under the authority of the Government proposed classification changes as Fields: 630–829–9570) in the Sunshine Act, 5 U.S.C. 552b. 1 Request of the United States Postal Service for Additional Information: Due to Dated: May 19, 2021. Classification Changes Concerning Outbound COVID–19, there will be no physical For the Nuclear Regulatory Commission. Single-Piece First-Class Package International public attendance. The public is invited Service, May 13, 2021 (Request). The Postal Service to attend the Commission’s meeting live Wesley W. Held, filed errata to the Request on May 14, 2021. Notice Policy Coordinator, Office of the Secretary. of Errata to Request of the United States Postal by webcast at the Web address—https:// Service for Classification Changes Concerning [FR Doc. 2021–10939 Filed 5–20–21; 11:15 am] video.nrc.gov/. Outbound Single-Piece First-Class Package Week of June 14, 2021—Tentative BILLING CODE 7590–01–P International Service, May 14, 2021 (Errata).
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27905
necessary to facilitate the of offering additional services or SECURITIES AND EXCHANGE implementation of the Outbound improved service performance. Id. at 6. COMMISSION Commercial Provider Initiative (OCPI) The Postal Service also notes how the which would offer delivery of outbound [Release No. 34–91921; File No. SR– use of OCPI providers may result in CboeBZX–2021–023] international service in foreign differences in the handling of FCPIS countries through use of a commercial pieces that are undeliverable as Self-Regulatory Organizations; Cboe delivery supplier in lieu of the addressed. Id. at 7. The Postal Service BZX Exchange, Inc.; Order Approving destination country postal operator. describes competitors as affected by the a Proposed Rule Change To Extend Request at 2–3. The Postal Service states Postal Service’s implementation of the Cutoff Time for Accepting on Close that OCPI will be offered with Priority OCPI, but notes that by relying on Orders Entered for Participation in the Mail Express International (PMEI), commercial customs practices in the Exchange’s Closing Auction and To Priority Mail International (PMI), and destination country, shipments Clarify Changes to the Definitions of FCPIS. Id. at 2. The Postal Service delivered by an OCPI provider would be Late-Limit-On-Close and Late-Limit- asserts that the existing classification subject to same practices as shipments On-Open Orders language for PMEI and PMI is sufficiently broad to enable originating with competing private May 18, 2021. sector entities. Id. at 6. implementation of OCPI, and thus its I. Introduction Request only seeks changes to the II. Commission Action classification language for FCPIS. Id. at On March 26, 2021, Cboe BZX 2–3. The Postal Service notes that the The Commission establishes Docket Exchange, Inc. (‘‘Cboe BZX’’ or requested MCS revisions do not require No. MC2021–91 to consider the Postal ‘‘Exchange’’) filed with the Securities implementation of OCPI. Id. at 3. Service’s proposals described in its and Exchange Commission Specifically, the requested MCS Request. Interested persons may submit (‘‘Commission’’), pursuant to Section revisions are: comments on whether the Request is 19(b)(1) of the Securities Exchange Act 1 • Removal from MCS section 2335.1a consistent with the policies of 39 CFR of 1934 (‘‘Act’’), and Rule 19b–4 2 of the provision that FCPIS be subject to 3040.180. Comments are due by May 25, thereunder, a proposed rule change to the provisions of the Universal Postal 2021. modify Exchange Rule 11.23 to amend Convention; the cutoff time for accepting on close The Request and related filings are • Deletion from MCS section 2335.1a orders entered for participation in the available on the Commission’s website of the phrase ‘‘that are not entered as Exchange’s Closing Auction and to Priority Mail International’’; and (http://www.prc.gov). The Commission make clarifying changes to the • Revision to MCS section 2335.1c to encourages interested persons to review definitions of Late-Limit-On-Close and state ‘‘Outbound Single-Piece First-Class the Request for further details. Late-Limit-On-Open orders. The Package International Service pieces The Commission appoints Gregory proposed rule change was published for that are undeliverable-as-addressed may Stanton to serve as Public comment in the Federal Register on be forwarded if applicable or returned to Representative in this proceeding. April 9, 2021.3 The Commission the sender.’’ received no comments on the proposed IV. Ordering Paragraphs Id. rule change. This order approves the proposed rule change. In support of the Request, the Postal It is ordered: Service notes that OCPI is intended 1. The Commission establishes Docket II. Description of the Proposal primarily to take advantage of No. MC2021–91 for consideration of the Exchange Rule 11.23(c) currently advantageous rates negotiated with provides that Users may submit Limit- commercial suppliers, and thus these matters raised by the Request of the on-Close (‘‘LOC’’) 4 and Market-on-Close classification changes should not result United States Postal Service for (‘‘MOC’’) 5 orders to the Exchange until in any violation of the standards of 39 Classification Changes Concerning 3:55 p.m. ET (‘‘Closing Auction U.S.C. 3633 and 39 CFR part 3035. Outbound Single-Piece First-Class Cutoff’’), at which point any additional Request at 4–5. The Postal Service Package International Service, filed May LOC and MOC orders will be rejected.6 notes, however, that in some cases the 13, 2021. Users may submit Late-Limit-on-Close use of OCPI suppliers may be desirable 2. Pursuant to 39 U.S.C. 505, Gregory (‘‘LLOC’’) 7 orders between 3:55 p.m. to ensure stable and consistent service Stanton is appointed to serve as an abroad, rather than exclusively as a cost- officer of the Commission (Public 1 15 U.S.C. 78s(b)(1). saving measure. See id. The Postal Representative) to represent the 2 17 CFR 240.19b–4. Service states that because OCPI is in its interests of the general public in this 3 See Securities Exchange Act Release No. 91479 preliminary stages and it has yet to be proceeding. (April 5, 2021), 86 FR 18580 (‘‘Notice’’). determined whether OCPI will be 4 Exchange Rule 11.23(a)(13) defines Limit-on- offered in conjunction with FCPIS, it is 3. Comments by interested persons Close as ‘‘. . . a BZX limit order that is designated are due by May 25, 2021. for execution only in the Closing Auction.’’ not possible at this time to generate 5 Exchange Rule 11.23(a)(15) defines Market-on- detailed financial workpapers showing 4. The Secretary shall arrange for Close as ‘‘. . . a BZX market order that is the impact of OCPI on the cost coverage publication of this order in the Federal designated for execution only in the Closing of FCPIS. Id. at 5. Register. Auction or Cboe Market Close.’’ The Postal Service describes the 6 See Exchange Rule 11.23(c)(1)(A). By the Commission. 7 impact of the proposed changes on the Exchange Rule 11.23(a)(11) defines ‘‘Late-Limit- Erica A. Barker, On-Close’’ as ‘‘. . . a BZX limit order that is users of FCPIS as positive by permitting designated for execution only in the Closing the Postal Service to use OCPI providers Secretary. Auction. To the extent a LLOC bid or offer received to remain competitive in cross-border [FR Doc. 2021–10857 Filed 5–21–21; 8:45 am] by the Exchange has a limit price that is more aggressive than the NBB or NBO, the price of such shipping, enabling continuity of service BILLING CODE 7710–FW–P bid or offer is adjusted to be equal to the NBB or where issues arise with foreign postal NBO, respectively, at the time of receipt by the operators, and providing the possibility Continued
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27906 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
and 4:00 p.m. and any LLOC orders 11.23(a). Currently, Exchange Rules principles of trade, to foster cooperation submitted before 3:55 p.m. or after 4:00 11.23(a)(11) and (a)(12) provide that, to and coordination with persons engaged p.m. will be rejected.8 Exchange Rule the extent a LLOC or LLOO bid or offer in facilitating transactions in securities, 11.23(c) also provides that Eligible received by the Exchange has a limit to remove impediments to and perfect Auction Orders 9 designated for the price that is more aggressive than the the mechanism of a free and open Exchange’s Closing Auction 10 may not National Best Bid (‘‘NBB’’) or National market and a national market system, be cancelled between 3:55 p.m. and 4:00 Best Offer (‘‘NBO’’), the price of such and, in general, to protect investors and p.m.11 bid or offer is adjusted to be equal to the the public interest. As described in more detail in the NBB or NBO, respectively, at the time As discussed above, the Exchange Notice,12 the Exchange now proposes to of receipt by the Exchange. Where the proposes to amend Exchange Rule amend Exchange Rule 11.23(c) to extend NBB or NBO becomes more aggressive, 11.23(c) to extend the cutoff time for the cutoff time for accepting on close the limit price of the LLOC or LLOO bid accepting on close orders to permit the orders to permit the submission of LOC or offer will be adjusted to the more submission of LOC and MOC orders and MOC orders until 3:59 p.m. ET, to aggressive price, only to the extent that until 3:59 p.m.,18 to allow the allow the submission of LLOC orders the more aggressive price is not more submission of LLOC orders between between 3:59 p.m. and 4:00 p.m. ET, aggressive than the original User entered 3:59 p.m. and 4:00 p.m.,19 and to and to prevent the cancellation of limit price. The limit price will never be prevent the cancellation of Eligible Eligible Auction Orders designated for adjusted to a less aggressive price. If Auction Orders designated for the the Closing Auction between 3:59 p.m. there is no NBB or NBO, the LLOC or Closing Auction between 3:59 p.m. and and 4:00 p.m. ET. As proposed, LLOO bid or offer, respectively, will 4:00 p.m.20 The Exchange asserts that Exchange Rule 11.23(c)(1)(A) would assume its entered limit price. The extending the Closing Auction Cutoff for provide that Users may submit LOC and Exchange proposes to amend these submitting on close orders will assist MOC orders until 3:59 p.m., at which definitions to clarify that, rather than market participants in managing their point any additional LOC and MOC never be adjusted to a less aggressive trading at the close by allowing them to orders submitted would be rejected. price, the limit price of a LLOC order or retain control over their orders for a Proposed Exchange Rule 11.23(c)(1)(A) a LLOO order would not be adjusted to longer period of time.21 The Exchange would also provide that users may a less aggressive price, unless otherwise expects that this would reduce risk for submit LLOC orders between 3:59 p.m. provided by Exchange rules. The those market participants participating and 4:00 p.m., and any LLOC orders Exchange stated that, for example, a in the Closing Auction and improve submitted before 3:59 p.m. or after 4:00 short sale LLOO or LLOC order entered price discovery by facilitating the p.m. would be rejected. As proposed, at a price less than the NBB while a additional participation of market Exchange Rule 11.23(c)(1)(B) would short sale circuit breaker pursuant to participants.22 The Commission provide that Eligible Auction Orders Regulation SHO was in effect would be believes that extending the cutoff time designated for the Closing Auction may re-priced by the Exchange’s System 14 at to submit LOC, MOC and LLOC orders not be cancelled between 3:59 p.m. and one minimum price variation above the and to cancel Eligible Auction Orders to 4:00 p.m. NBB pursuant to Exchange Rules 3:59 p.m. ET would allow market The Exchange also proposes to amend 11.9(g)(5) and (6).15 participants to retain flexibility with the definitions of LLOC and Late-Limit- respect to submitting and cancelling 13 III. Discussion and Commission’s on-Open (‘‘LLOO’’) in Exchange Rule their orders, while still providing time Findings for market participants to react to and Exchange. Where the NBB or NBO becomes more The Commission has carefully aggressive, the limit price of the LLOC bid or offer offset imbalances. As a result, the will be adjusted to the more aggressive price, only reviewed the proposed rule change and Commission believes that the proposal to the extent that the more aggressive price is not finds that it is consistent with the could encourage participation in the more aggressive than the original User entered limit requirements of the Act and the rules Closing Auction by market participants price. The limit price will never be adjusted to a and regulations thereunder applicable to less aggressive price. If there is no NBB or NBO, the that are unwilling to give up flexibility LLOC bid or offer, respectively, will assume its a national securities exchange and, in and control over these orders. The entered limit price.’’ particular, the requirements of Section Commission notes that the Exchange 8 See Exchange Rule 11.23(c)(1)(A). 6(b) of the Act.16 Specifically, the has represented that another exchange 9 See Exchange Rule 11.23(a)(8). Commission finds that the proposal is uses a 3:59 p.m. ET cutoff time for the 10 See Exchange Rule 11.23(c). consistent with Section 6(b)(5) of the entry of MOC and LOC orders in its 11 See Exchange Rule 11.23(c)(1)(B). Act,17 which requires, among other 23 12 closing auction. See Notice, supra note 3. things, that a national securities In addition, as discussed above, the 13 Exchange Rule 11.23(a)(12) defines the term Late-Limit-On-Open as ‘‘. . . a BZX limit order that exchange have rules designed to prevent Exchange proposes to amend the is designated for execution only in the Opening fraudulent and manipulative acts and definitions of LLOC and LLOO in Auction. To the extent a LLOO bid or offer received practices, to promote just and equitable Exchange Rule 11.23(a), which currently by the Exchange has a limit price that is more state that the limit price of these orders aggressive than the NBB or NBO, the price of such their entirety during the IPO Auction will be bid or offer is adjusted to be equal to the NBB or will never be adjusted to a less cancelled upon completion of the IPO Auction.’’ NBO, respectively, at the time of receipt by the aggressive price, in order to clarify that 14 Exchange. Where the NBB or NBO becomes more Exchange Rule 1.5(aa) provides that the term ‘‘System’’ means ‘‘the electronic communications the limit price of LLOC and LLOO aggressive, the limit price of the LLOO bid or offer orders, respectively, would not be will be adjusted to the more aggressive price, only and trading facility designated by the Board through to the extent that the more aggressive price is not which securities orders of Users are consolidated adjusted to a less aggressive price unless more aggressive than the original User entered limit for ranking, execution and, when applicable, otherwise provided by Exchange price. The limit price will never be adjusted to a routing away.’’ 15 See Notice, supra note 3, at 18581. less aggressive price. If there is no NBB or NBO, the 18 See proposed Exchange Rule 11.23(c)(1)(A). LLOO bid or offer, respectively, will assume its 16 15 U.S.C. 78f. In approving this proposed rule 19 Id. entered limit price. Notwithstanding the foregoing, change, the Commission has considered the 20 a LLOO order entered during the Quote-Only Period proposed rule change’s impact on efficiency, See proposed Exchange Rule 11.23(c)(1)(B). of an IPO will be converted to a limit order with competition, and capital formation. See 15 U.S.C. 21 See Notice, supra note 3, at 18581. a limit price equal to the original User entered limit 78c(f). 22 Id. at 18582. 137 price and any LLOO orders not executed in 17 15 U.S.C. 78f(b)(5). 23 Id. at 18581, 18582.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27907
rules.24 The Exchange has explained The subject matter of the closed proposal seeks to limit Short Term that its System, in certain instances, meeting will consist of the following Options Series intervals between strikes may adjust the limit price of LLOC and topics: which are available for quoting and LLOO orders to a less aggressive price Institution and settlement of trading on ISE. pursuant to other Exchange Rules.25 The injunctive actions; The text of the proposed rule change Commission believes that the proposed Institution and settlement of amendments to the definitions of LLOC administrative proceedings; is available on the Exchange’s website at and LLOO would provide greater Resolution of litigation claims; and https://listingcenter.nasdaq.com/ transparency regarding the operation of Other matters relating to examinations rulebook/ise/rules, at the principal the Exchange. and enforcement proceedings. office of the Exchange, and at the At times, changes in Commission Commission’s Public Reference Room. IV. Conclusion priorities require alterations in the II. Self-Regulatory Organization’s It is therefore ordered, pursuant to scheduling of meeting agenda items that Statement of the Purpose of, and Section 19(b)(2) of the Act,26 that the may consist of adjudicatory, Statutory Basis for, the Proposed Rule proposed rule change (SR–CboeBZX– examination, litigation, or regulatory Change 2021–023) be, and hereby is, approved. matters. For the Commission, by the Division of CONTACT PERSON FOR MORE INFORMATION: In its filing with the Commission, the Trading and Markets, pursuant to delegated For further information; please contact Exchange included statements 27 authority. Vanessa A. Countryman from the Office concerning the purpose of and basis for J. Matthew DeLesDernier, of the Secretary at (202) 551–5400. the proposed rule change and discussed Assistant Secretary. Dated: May 20, 2021. any comments it received on the [FR Doc. 2021–10842 Filed 5–21–21; 8:45 am] Vanessa A. Countryman, proposed rule change. The text of these BILLING CODE 8011–01–P Secretary. statements may be examined at the [FR Doc. 2021–11013 Filed 5–20–21; 4:15 pm] places specified in Item IV below. The Exchange has prepared summaries, set SECURITIES AND EXCHANGE BILLING CODE 8011–01–P forth in sections A, B, and C below, of COMMISSION the most significant aspects of such Sunshine Act Meetings SECURITIES AND EXCHANGE statements. COMMISSION TIME AND DATE: 2:00 p.m. on Thursday, A. Self-Regulatory Organization’s [Release No. 34–91930; File No. SR–ISE– May 27, 2021. Statement of the Purpose of, and 2021–09] Statutory Basis for, the Proposed Rule PLACE: The meeting will be held via Change remote means and/or at the Self-Regulatory Organizations; Nasdaq Commission’s headquarters, 100 F ISE, LLC; Notice of Filing and 1. Purpose Street NE, Washington, DC 20549. Immediate Effectiveness of Proposed STATUS: This meeting will be closed to Rule Change To Amend Options 4, The Exchange proposes to amend the public. Section 5, ‘‘Series of Options Contracts Options 4, Section 5, ‘‘Series of Options MATTERS TO BE CONSIDERED: Open for Trading’’ To Limit Short Term Contracts Open for Trading.’’ Commissioners, Counsel to the Options Series Intervals Between Specifically, this proposal seeks to limit Commissioners, the Secretary to the Strikes the intervals between strikes for multiply listed equity options classes Commission, and recording secretaries May 18, 2021. will attend the closed meeting. Certain within the Short Term Options Series Pursuant to Section 19(b)(1) of the staff members who have an interest in program that have an expiration date Securities Exchange Act of 1934 the matters also may be present. more than twenty-one days from the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 In the event that the time, date, or listing date. This proposal is identical to notice is hereby given that on May 5, location of this meeting changes, an 3 2021, Nasdaq ISE, LLC (‘‘ISE’’ or a proposal by Nasdaq BX, Inc. announcement of the change, along with ‘‘Exchange’’) filed with the Securities the new time, date, and/or place of the Background and Exchange Commission meeting will be posted on the Today, ISE’s listing rules within Commission’s website at https:// (‘‘Commission’’) the proposed rule Options 4, Section 5 permits the www.sec.gov. change as described in Items I and II, The General Counsel of the below, which Items have been prepared Exchange, after a particular class of Commission, or his designee, has by the Exchange. The Commission is options (call option contracts or put certified that, in his opinion, one or publishing this notice to solicit option contracts relating to a specific more of the exemptions set forth in 5 comments on the proposed rule change underlying stock, Exchange-Traded U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) from interested persons. and (10) and 17 CFR 200.402(a)(3), I. Self-Regulatory Organization’s (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and Statement of the Terms of Substance of 3 (a)(10), permit consideration of the the Proposed Rule Change See Securities Exchange Act Release No. 91125 scheduled matters at the closed meeting. (February 12, 2021), 86 FR 10375 (February 19, The Exchange proposes to amend 2021) (SR–BX–2020–032) (Notice of Filing of Options 4, Section 5, ‘‘Series of Options Amendment No. 1 and Order Granting Accelerated 24 See proposed Exchange Rules 11.23(a)(11) and Approval of Proposed Rule Change, as Modified by (a)(12). Contracts Open for Trading.’’ This Amendment No. 1, To Amend Options 4, Section 25 See supra note 15 and accompanying text. 5, To Limit Short Term Options Series Intervals 26 15 U.S.C. 78s(b)(2). 1 15 U.S.C. 78s(b)(1). Between Strikes That Are Available for Quoting and 27 17 CFR 200.300–3(a)(12). 2 17 CFR 240.19b–4. Trading on BX).
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27908 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
Fund Share,4 or ETN 5) has been weekly,6 monthly 7 or quarterly 8 basis. addition to those intervals, the approved for listing and trading on the Options 4, Section 5(d) sets forth the Exchange may list series of options Exchange, to open for trading series of intervals between strike prices of series pursuant to the $1 Strike Price Interval options therein. The Exchange may list of options on individual stocks.9 In Program,10 the $0.50 Strike Program,11 series of options for trading on a the $2.50 Strike Price Program,12 and 6 The weekly listing program is known as the the $5 Strike Program.13 Short Term Options Series Program and is 4 The Exchange’s proposal seeks to Exchange-Traded Fund Share shall include described within Supplementary Material .03 of shares or other securities that are traded on a Options 4, Section 5. amend the listing of weekly series of national securities exchange and are defined as an 7 The Exchange will open at least one expiration options as proposed within new ‘‘NMS stock’’ under Rule 600 of Regulation NMS, month for each class of options open for trading on Supplementary Material .03(f) of and that (i) represent interests in registered the Exchange. See Options 4, Section 5(g). The Options 4, Section 5, by limiting the investment companies (or series thereof) organized monthly expirations are subject to certain listing as open-end management investment companies, criteria for underlying securities described within intervals between strikes in multiply unit investment trusts or similar entities, that hold Options 4, Section 3. Monthly listings expire the listed equity options, excluding portfolios of securities and/or financial instruments third Friday of the month. The term ‘‘expiration Exchange-Traded Fund Shares and including, but not limited to, stock index futures date’’ when used in respect of a series of binary ETNs, that have an expiration date more contracts, options on futures, options on securities options other than event options means the last day and indexes, equity caps, collars and floors, swap on which the options may be automatically than twenty-one days from the listing agreements, forward contracts, repurchase exercised. In the case of a series of event options date. This proposal does not amend agreements and reverse repurchase agreements (other than credit default options or credit default monthly or quarterly listing rules nor comprising or otherwise based on or representing basket options) that are be automatically exercised does it amend the $1 Strike Price investments in broad-based indexes or portfolios of prior to their expiration date upon receipt by the securities and/or Financial Instruments and Money Corporation of an event confirmation, the Interval Program, the $0.50 Strike Market Instruments (the ‘‘Money Market expiration date is the date specified by the listing Program, the $2.50 Strike Price Program, Instruments’’) (or that hold securities in one or Exchange; provided, however, that when an event or the $5 Strike Program. more other registered investment companies that confirmation is deemed to have been received by themselves hold such portfolios of securities and/ the Corporation with respect to such series of Short Term Options Series Program or Financial Instruments and Money Market options, the expiration date will be accelerated to Instruments (ii) represent interests in a trust or the date on which such event confirmation is Today, Supplementary Material .03 of similar entity that holds a specified non-U.S. deemed to have been received by the Corporation Options 4, Section 5 permits ISE to open currency or currencies deposited with the trust or or such later date as the Corporation may specify. for trading on any Thursday or Friday similar entity when aggregated in some specified In the case of a series of credit default options or minimum number may be surrendered to the trust credit default basket options, the expiration date is that is a business day (‘‘Short Term by the beneficial owner to receive the specified the fourth business day after the last trading day for Option Opening Date’’) series of options non-U.S. currency or currencies and pays the such series as such trading day is specified by the on an option class that expires at the beneficial owner interest and other distributions on Exchange on which the series of options is listed; close of business on each of the next the deposited non-U.S. currency or currencies, if provided, however, that when an event any, declared and paid by the trust (‘‘Currency confirmation is deemed to have been received by five Fridays that are business days and Trust Shares’’), (iii) represent commodity pool the Corporation with respect to a series of credit are not Fridays in which monthly interests principally engaged, directly or indirectly, default options or single payout credit default options series or Quarterly Options in holding and/or managing portfolios or baskets of basket options prior to the last trading day for such Series expire (‘‘Short Term Option securities, commodity futures contracts, options on series, the expiration date for options of that series commodity futures contracts, swaps, forward will be accelerated to the second business day Expiration Dates’’), provided an option contracts and/or options on physical commodities following the day on which such event class has been approved for listing and and/or non-U.S. currency (‘‘Commodity Pool confirmation is deemed to have been received by trading on the Exchange.14 Today, the ETFs’’), (iv) represent interests in the SPDR® Gold the Corporation. ‘‘Expiration date’’ means, in Trust, the iShares COMEX Gold Trust, the iShares respect of a series of range options expiring prior Exchange-Traded Fund Shares in this rule, the Silver Trust, the ETFS Gold Trust, the ETFS Silver to February 1, 2015, the Saturday immediately interval of strike prices on SPDR® S&P 500® ETF Trust, the ETFS Palladium Trust, the ETFS following the third Friday of the expiration month (‘‘SPY’’), iShares Core S&P 500 ETF (‘‘IVV’’), Platinum Trust or the Sprott Physical Gold Trust or of such series, and, in respect of a series of range PowerShares QQQ Trust (‘‘QQQ’’), iShares Russell (v) represents an interest in a registered investment options expiring on or after February 1, 2015 means 2000 Index Fund (‘‘IWM’’), and the SPDR® Dow company (‘‘Investment Company’’) organized as an the third Friday of the expiration month of such Jones® Industrial Average ETF (‘‘DIA’’) options will open-end management company or similar entity, series, or if such Friday is a day on which the be $1 or greater. that invests in a portfolio of securities selected by Exchange on which such series is listed is not open 10 the Investment Company’s investment adviser for business, the preceding day on which such The $1 Strike Interval Program is described consistent with the Investment Company’s Exchange is open for business. See The Options within Supplementary Material .01 of Options 4, investment objectives and policies, which is issued Clearing Corporation (‘‘OCC’’) By-Laws at Section 1. Section 5. in a specified aggregate minimum number in return 8 The quarterly listing program is known as the 11 The $0.50 Strike Interval Program is described for a deposit of a specified portfolio of securities Quarterly Options Series Program and is described within Supplementary Material .05 of Options 4, and/or a cash amount with a value equal to the next within Supplementary Material .04 of Options 4, Section 5. determined net asset value (‘‘NAV’’), and when Section 5. 12 The $2.50 Strike Interval Program is described aggregated in the same specified minimum number, 9 Except as otherwise provided in the within Supplementary Material .02 of Options 4, may be redeemed at a holder’s request, which Supplementary Material of Options 4, Section 5, the Section 5. holder will be paid a specified portfolio of interval between strike prices of series of options 13 The $5.00 Strike Interval Program is described securities and/or cash with a value equal to the next on individual stocks will be: (1) $2.50 or greater within Supplementary Material .06 of Options 4, determined NAV (‘‘Managed Fund Share’’); where the strike price is $25.00 or less; (2) $5.00 Section 5. provided the conditions within Options 4, Section or greater where the strike price is greater than 14 The Exchange may have no more than a total 3(i)(A) and (B) are met. See Options 4, Section 3(i). $25.00; and (3) $10.00 or greater where the strike of five Short Term Option Expiration Dates, not 5 Securities deemed appropriate for options price is greater than $200.00. including any Monday or Wednesday SPY trading shall include shares or other securities The interval between strike prices of series of Expirations as provided below. If the Exchange is (‘‘Equity Index-Linked Securities,’’ ‘‘Commodity- options on Exchange-Traded Fund Shares approved not open for business on the respective Thursday Linked Securities,’’ ‘‘Currency-Linked Securities,’’ for options trading pursuant to Section 3(i) of this or Friday, the Short Term Option Opening Date will ‘‘Fixed Income Index-Linked Securities,’’ ‘‘Futures- Options 4 shall be fixed at a price per share which be the first business day immediately prior to that Linked Securities,’’ and ‘‘Multifactor Index-Linked is reasonably close to the price per share at which respective Thursday or Friday. Similarly, if the Securities,’’ collectively known as ‘‘Index- Linked the underlying security is traded in the primary Exchange is not open for business on a Friday, the Securities’’ or ‘‘ETNs’’) that are principally traded market at or about the same time such series of Short Term Option Expiration Date will be the first on a national securities exchange and an ‘‘NMS options is first open for trading on the Exchange, business day immediately prior to that Friday. With Stock’’ (as defined in Rule 600 of Regulation NMS or at such intervals as may have been established respect to Wednesday SPY Expirations, the under the Securities Exchange Act of 1934), and on another options exchange prior to the initiation Exchange may open for trading on any Tuesday or represent ownership of a security that provides for of trading on the Exchange. Wednesday that is a business day series of options the payment at maturity, as described within Pursuant to Options 4, Section 5(e), on the SPDR S&P 500 ETF Trust (SPY) to expire on Options 4, Section 3(l)(i)(1)–(6). See Options 4, notwithstanding any other provision regarding the any Wednesday of the month that is a business day Section 3(l)(i). interval of strike prices of series of options on and is not a Wednesday in which Quarterly Options
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27909
Exchange may open up to thirty initial exercise price or prices of the series option class restriction, the Exchange series for each option class that already opened.16 may also list Short Term Option Series participates in the Short Term Option The Exchange may open for trading on any option classes that are selected Series Program.15 Further, if the Short Term Option Series on the Short by other securities exchanges that Exchange opens less than thirty (30) Term Option Opening Date that expire employ a similar program under their Short Term Option Series for a Short on the Short Term Option Expiration respective rules. For each option class Term Option Expiration Date, additional Date at strike price intervals of (i) $0.50 eligible for participation in the Short series may be opened for trading on the or greater where the strike price is less Term Option Series Program, the Exchange when the Exchange deems it than $100, and $1 or greater where the Exchange may open up to thirty Short strike price is between $100 and $150 necessary to maintain an orderly Term Option Series for each expiration for all option classes that participate in market, to meet customer demand or date in that class. The Exchange may the Short Term Options Series Program; when the market price of the underlying also open Short Term Option Series that (ii) $0.50 for option classes that trade in are opened by other securities security moves substantially from the one dollar increments and are in the exchanges in option classes selected by Short Term Option Series Program; or such exchanges under their respective Series expire (‘‘Wednesday SPY Expirations’’). With (iii) $2.50 or greater where the strike short term option rules.18 respect to Monday SPY Expirations, the Exchange price is above $150. During the month may open for trading on any Friday or Monday that ISE notes that listings in the weekly prior to expiration of an option class is a business day series of options on the SPY to program comprise a significant part of that is selected for the Short Term expire on any Monday of the month that is a the standard listing in options markets. Option Series Program (‘‘Short Term business day and is not a Monday in which The below diagrams demonstrate the Quarterly Options Series expire (‘‘Monday SPY Option’’), the strike price intervals for percentage of weekly listings as Expirations’’), provided that Monday SPY the related non-Short Term Option Expirations that are listed on a Friday must be (‘‘Related non-Short Term Option’’) compared to Long-Term Option Series listed at least one business week and one business shall be the same as the strike price or LEAPs and quarterly listings in 2015 day prior to the expiration. The Exchange may list intervals for the Short Term Option.17 as compared to 2020. The weekly strikes up to five consecutive Wednesday SPY Expirations The Exchange may select up to fifty increased 8.9% compound annual and five consecutive Monday SPY Expirations at growth rate (‘‘CAGR’’) from 2015 as one time; the Exchange may have no more than a currently listed option classes on which Short Term Option Series may be compared to a 4.3% CAGR for standard total of five Wednesday SPY Expirations and a total expirations using 3rd 2015 Friday of five Monday SPY Expirations. Monday and opened on any Short Term Option Wednesday SPY Expirations will be subject to the Opening Date. In addition to the fifty expirations. provisions of this Rule. See Supplementary Material BILLING CODE 8011–01–P .03 of Options 4, Section 5. 16 See Supplementary Material .03 of Options 4, 15 See Supplementary Material .03 of Options 4, Section 5(d). 18 See Supplementary Material .03(a) of Options Section 5(c). 17 See Options 4, Section 5(e). 4, Section 5.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27910 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
2015:
WKL
STD
2020:
WKL
STD
BILLING CODE 8011–01–C options, excluding Exchange-Traded currently permits additional series to be Proposal Fund Shares and ETNs) (collectively opened for trading on the Exchange ‘‘Strike Interval Proposal’’). ISE’s Strike when the Exchange deems it necessary ISE proposes to limit the intervals Interval Proposal would limit the between strikes in options listed as part to maintain an orderly market, to meet of the Short Term Option Series intervals between strikes by utilizing the customer demand or when the market Program that have an expiration date table proposed within Supplementary price of the underlying security moves more than twenty-one days from the Material .07 of Options 4, Section 5. substantially from the exercise price or listing date, by adopting proposed With the Strike Interval Proposal, ISE prices of the series already opened. As Supplementary Material .03(f) of would limit intervals between strikes for a result, the Exchange would not be able Options 4, Section 5 as well as proposed expiration dates of option series beyond to utilize the rule text within Supplementary Material .07 of Options twenty-one days utilizing the below Supplementary Material .03(d) to permit 4, Section 5, with respect to listing three-tiered table which considers both additional series to be opened for Short Term Option Series in equity the share price and average daily trading on ISE which have an expiration volume for the option series.19 The date more than twenty-one days from 19 Additional information comparing the current below table indicates the applicable the listing date despite the noted listing program to this proposal is available at: https://www.nasdaq.com/solutions/bx-options- strike intervals and would supersede circumstances when such additional strike-proliferation-proposal. Supplementary Material .03(d) which series could otherwise be added.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES EN24MY21.000 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27911
Share price Tier Average daily volume Less than $25 to less $75 to less $150 to less $500 or $25 than $75 than $150 than $500 greater
1 ...... Greater than 5,000...... $0.50 $1.00 $1.00 $5.00 $5.00 2 ...... Greater than 1,000 to 5,000 ...... 1.00 1.00 1.00 5.00 10.00 3 ...... 0 to 1,000 ...... 2.50 5.00 5.00 5.00 10.00
The Share Price would be the closing underlying security would be available administrative burdens on other options price on the primary market on the last to market participants and public markets. Other exchanges may elect to day of the calendar quarter. This value investors. During this period of utilize ISE’s report to validate their own would be used to derive the column deferment the price of the underlying information or they may otherwise elect from which to apply strike intervals would have an opportunity to settle another method to consume similar throughout the next calendar quarter. based on the price discovery that has information as ISE is posting to its The Average Daily Volume would be the occurred in the primary market. An website. total number of options contracts traded options class that represents a newly In the event of a corporate action, the in a given security for the applicable listed primary security may fluctuate in Share Price of the surviving company calendar quarter divided by the number price after its initial listing; such would be utilized. These metrics are of trading days in the applicable volatility reflects a natural uncertainty intended to align expectations for calendar quarter. Beginning on the about the security. Also, ISE would have determining which strike intervals will second trading day in the first month of the ability to list as many strikes as are be utilized. Finally, notwithstanding the each calendar quarter, the Average Daily permissible for the Short Term Options limitations imposed by Options 4, Volume shall be calculated by utilizing Series once the expiry is within twenty- Section 5 at proposed Supplementary data from the prior calendar quarter one days. Short Term Options Series Material .07, this Strike Interval based on Customer-cleared volume at which have an expiration date less than Proposal does not amend the range of OCC. For options listed on the first twenty-one days from the listing date strikes that may be listed pursuant to trading day of a given calendar quarter, are not subject to the curtailment, Options 4, Section 5 at Supplementary the Average Daily Volume shall be thereby allowing ISE to list additional, Material .03, regarding the Short Term calculated using the calendar quarter and potentially narrower, strikes in the Option Series Program. prior to the last trading calendar event of market volatility or other By way of example, if the Share Price quarter.20 Under current rules, if the market events. for a symbol was $142 at the end of a Exchange is not open for business on ISE proposes to make publically calendar quarter, with an Average Daily the respective Thursday or Friday, the available a report on a quarterly basis Volume greater than 5,000, thereby, Short Term Option Opening Date will which indicates, for each Short Term requiring strike intervals to be listed be the first business day immediately Options Series eligible to be listed $1.00 apart, that strike interval would prior to that respective Thursday or under proposed Supplementary apply for the calendar quarter, Friday, as is the case today for STOs as Material .07 of Options 4, Section 5, the regardless of whether the Share Price specified within Supplementary .03 to applicable tiering of the underlying, changed to greater than $150 during that Options 4, Section 5. which includes the closing price of the calendar quarter.24 The Exchange proposes that Short underlying, and the average daily The proposed table within Term Options Series that are newly customer volume of the option in that Supplementary Material .07 of Options eligible for listing pursuant to Options underlying.22 The average daily 4, Section 5 takes into account the 4, Section 3(a) will not be subject to this customer volume data will be sourced notional value of a security, as well as proposed Supplementary .07 until after from OCC. The closing price of the Average Daily Volume in the underlying the end of the first full calendar quarter underlying will be sourced from the stock, in order to limit the intervals following the date the option class was closing prices for Tape A, B and C between strikes in the Short Term first listed for trading on any options securities published by the UTP and Options listing program. ISE would market.21 The Exchange would be CTA/CQ Plans. ISE will produce the utilize OCC Customer-cleared volume, permitted to list options on newly report by the close of business on the as customer volume is an appropriate 23 eligible listings, without any first trading day of the quarter. The proxy for demand. The OCC Customer- curtailment in strike intervals, until the Exchange notes that the report will be cleared volume represents the majority end of the first full quarter after they posted on ISE’s website on the first day of options volume executed on the were listed. ISE’s proposal would of a new quarter to support listing Exchange that, in turn, reflects the thereby permit ISE to add strikes to decisions, pursuant to the Short Term demand in the marketplace. The options meet customer demand in the options Options Series Program, for the most series listed on ISE are intended to meet class. By deferring the curtailment until recent listing within the Short Term customer demand by offering an after the end of the first full calendar Options Program. The report will be appropriate number of strikes. Non- quarter, additional information on the based on information that ISE will Customer cleared OCC volume obtain as described herein. This represents the supply side. The strike 20 For example, options listed as of January 4, information is available to other options intervals for listing strikes in certain 2021 would be calculated on January 5, 2021 using markets and is being made available by the Average Daily Volume from July 1, 2020 to options are intended to remove September 30, 2020. ISE to provide consistency and relieve 21 For example, if an options became newly 24 The Exchange notes that any limits on intervals eligible for listing pursuant to Options 4, Section 3 22 ISE will make this information available on imposed by the Exchange’s Rules will continue to on March 1, 2021, the first full quarterly lookback ISE’s website. This information will be freely- apply. In this example, the strikes would be in $1 would be available on July 1, 2021. This option accessible to the public. intervals up to $150, which is the upper limit would become subject to the curtailment on July 2, 23 OCC data becomes available for the end of a imposed by Supplementary Material .03(e) of 2021. quarter on the first trading day of a new quarter. Options 4, Section 5.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27912 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
repetitive and unnecessary strike weeklies, where there exist wider least actively traded symbols 25 and listings across the weekly expiries. ISE’s markets and therefore lower market demonstrate average spreads in weekly Strike Interval Proposal seeks to reduce quality. Below are two tables which options during the month of August the number of strikes in the furthest focus on data for 10 of the most and 2020.
August 2020 Average Daily Spread by Expiration (aggregated by series}
1 2 s 4 s Weeks to expiration
The proposed table within when comparing the proposed spread days from the listing date equates to Supplementary Material .07 of Options between strike intervals.26 7.5% of the total number of strikes in 4, Section 5 is intended to distribute Today, weeklies are available on 16% the options market, which equals 81,000 strike intervals in multiply listed equity of underlying products. The Exchange’s strikes.27 This proposal would result in options where there is less volume as Strike Interval Proposal curtails the the curtailment of approximately 20,000 measured by the Average Daily Volume density of strike intervals listed in series strikes within the Short Term Options tiers. Therefore, the lower the Average of options, without reducing the classes Series which is 2% of the total strikes Daily Volume, the greater the proposed of options available for trading on ISE. in the options markets.28 spread between strike intervals. Options Short Term Options Series with an BILLING CODE 8011–01–P classes with higher volume contain the expiration date greater than twenty-one 25 The table represents stock in the following most liquid symbols and strikes, securities: Apple, Tesla, Microsoft Corporation, 27 The Exchange notes that this proposal is an therefore the finer the proposed spread Advanced Micro Devices, Inc., Bank of America initial attempt at reducing strikes and anticipates between strike intervals. Additionally, Corp., NRG Energy Inc., Ferrari NV, Community filing additional proposals to continue reducing lower-priced shares have finer strike Health Systems Inc., Navistar International Corp, strikes. The above-referenced data, specifically the and Jabil Inc. percentage of underlying products and percentage intervals than higher-priced shares 26 The Exchange notes that is has discussed the of and total number of strikes, are approximations proposed strike intervals with various members. and may vary slightly at the time of this filing. The Exchange has gathered information regarding 28 This information was derived from information where trading in weeklies generally occurs to arrive from the time period from January 2020 through at the proposed strike intervals. May 2020.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES EN24MY21.001 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27913
# of distinct products '1Nith/without: wee~ly expirations • No1iiiemdy~ ·•w~~
500··· 0
t 33.51."j
1/:10/20 1/25/20 2/9/20 ·. '2Jt:4/20 ';J/.10/20 3/25/20 4/9/20·· 4/24/20 .S/9/20• 5/24/20 Date
The above table represents the ISE’s Strike Interval Proposal focuses Fund Shares and ETNs, as the majority inconsistency of demand for series of on strikes in multiply listed equity of strikes reside within equity options. options beyond twenty-one calendar options, and excludes Exchange-Traded days.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES EN24MY21.002 27914 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
Ri I Sff(,•r i ~111 -11,.·--,~ - I ! I i I t i i i ! I i i ! t t l ! I I &i
BILLING CODE 8011–01–C to quote a certain amount of time in the appropriate strike interval to meet that While the current listing rules permit trading day in their assigned options market participant’s investment ISE to list a number of weekly strikes on series to maintain liquidity in the objective. its market, in an effort to encourage market.30 With an increasing number of Implementation Market Makers to deploy capital more strikes being listed across options efficiently, as well as improve displayed exchanges, Market Makers must expend The Exchange intends to begin market quality, ISE’s Strike Interval their capital to ensure that they have the implementation of the proposed rule Proposal reduces the number of listed appropriate infrastructure to meet their change on July 1, 2021. The Exchange weekly options. As ISE’s Strike Interval quoting obligations on all options will issue an Options Trader Alert to Proposal seeks to reduce the number of markets in which they are assigned in Participants to provide notification of weekly options that would be listed on options series. The Exchange believes the implementation date. its market in later weeks, Market Makers that this Strike Interval Proposal would 2. Statutory Basis would be required to quote in fewer limit the intervals between strikes, The Exchange believes that its weekly strikes as a result of the Strike reducing the number of strikes listed on proposal is consistent with Section 6(b) Interval Proposal. Specifically, the ISE, and thereby allow Lead Market of the Act,31 in general, and furthers the Strike Interval Proposal aims to reduce Makers and Market Makers to expend objectives of Section 6(b)(5) of the Act,32 the density of strike intervals that would their capital in the options market in a in particular, in that it is designed to be listed in later weeks, by creating more efficient manner. Due to this promote just and equitable principles of limitations for intervals between strikes increased efficiency, the Exchange trade, to remove impediments to and which have an expiration date more believes that this Strike Interval perfect the mechanism of a free and than twenty-one days from the listing Proposal would improve overall market open market and a national market date. The table takes into account quality on ISE by limiting the intervals system, and, in general to protect customer demand for certain options between strikes in multiply listed equity investors and the public interest. The classes, by considering both the Share options that have an expiration date Strike Proposal seeks to limit the Price and the Average Daily Volume, to more than twenty-one days, from the intervals between strikes listed in the arrive at the manner which weekly listing date. strike intervals may be listed. The Short Term Options Series program that This Strike Interval Proposal is intervals for listing strikes in equity have an expiration date more than intended to be the first in a series of options is intended to remove certain twenty-one days. While the current proposals to limit the number of listed strike intervals where there exist listing rules permit ISE to list a number options series listed on ISE and other clusters of strikes whose characteristics of weekly strikes on its market, the Nasdaq affiliated markets. The Exchange closely resemble one another and, Exchange’s Strike Interval Proposal intends to decrease the overall number therefore, do not serve different trading removes impediments to and perfects of strikes listed on Nasdaq exchanges in needs,29 rendering these strikes less the mechanism of a free and open a methodical fashion, so that it may useful. market and a national market system by monitor progress and feedback from its This Strike Interval Proposal serves to encouraging Market Makers to deploy membership. While limiting the respond to comments received from capital more efficiently and improving intervals between listed strikes is the industry members with respect to the market quality overall on ISE through goal of this rule change, ISE’s Strike increasing number of strikes that are limiting the intervals between strikes Interval Proposal is intended to balance required to be quoted by market makers when applying the strike interval table that goal with the needs of market in the options industry. ISE requires to multiply listed equity options that participants. ISE believes that various Lead Market Makers and Market Makers have an expiration date more than strike intervals continue to offer market twenty-one days from the listing date. participants the ability to select the 29 For example, two strikes that are densely clustered may have the same risk properties and 31 15 U.S.C. 78f(b). may also be the same percentage out-of-the money. 30 See Options 2, Sections 4(j) and 5. 32 15 U.S.C. 78f(b)(5).
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES EN24MY21.003 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27915
Also, as ISE’s Strike Interval Proposal strike intervals. Additionally, lower- of investors and the general public by seeks to reduce the number of weekly priced shares have finer strike intervals limiting the intervals between strikes options that would be listed on its than higher-priced shares when when applying the strike interval table market in later weeks, Market Makers comparing the proposed spread between to multiply listed equity options which would be required to quote in fewer strike intervals.33 have an expiration date more than weekly strikes as a result of the Strike Beginning on the second trading day twenty-one days from the listing date. Interval Proposal. Amending ISE’s in the first month of each calendar This Strike Interval Proposal is listing rules to limit the intervals quarter, the Average Daily Volume shall intended to be the first in a series of between strikes for multiply listed be calculated by utilizing data from the proposals to limit the number of listed equity options that have an expiration prior calendar quarter based on OCC options series listed on ISE and other date more than twenty-one days causes Customer-cleared volume. Utilizing the Nasdaq affiliated markets. The Exchange less disruption in the market as the second trading day allows the Exchange intends to decrease the overall number majority of the volume traded in weekly to accumulate data regarding OCC of strikes listed on Nasdaq exchanges in options exists in options series which Customer-cleared volume from the a methodical fashion in order that it have an expiration date of twenty-one entire prior quarter. Beginning on the may monitor progress and feedback days or less. The Exchange’s Strike second trading day would allow trades from its membership. While limiting the Interval Proposal curtails the number of executed on the last day of the previous intervals between strikes listed is the strike intervals listed in series of options calendar quarter to have settled 34 and goal of this rule change, ISE’s Strike without reducing the number of classes be accounted for in the calculation of Interval Proposal is intended to balance of options available for trading on ISE. Average Daily Volume. Utilizing the that goal with the needs of market The Strike Interval Proposal takes into previous three months is appropriate participants. The Exchange believes that account customer demand for certain because this time period would help varied strike intervals continue to offer options classes by considering both the reduce the impact of unusual trading market participants the ability to select Share Price and the Average Daily activity as a result of unique market the appropriate strike interval to meet Volume in the underlying security to events, such as a corporate action (i.e., that market participant’s investment arrive at the manner in which weekly it would result in a more reliable objective. strike intervals would be listed in the measure of average daily trading volume B. Self-Regulatory Organization’s later weeks for each multiply listed than would a shorter period). Statement on Burden on Competition equity options class. The Exchange This Strike Interval Proposal serves to utilizes OCC Customer-cleared volume, respond to comments received from The Exchange does not believe that as customer volume is an appropriate industry members with respect to the the proposed rule change will impose proxy for demand. The OCC Customer- increasing number of strikes that are any burden on competition that is not cleared volume represents the majority required to be quoted by market makers necessary or appropriate in furtherance of options volume executed on the in the options industry. Today, ISE of the purposes of the Act. The Strike Exchange that, in turn, reflects the requires Lead Market Makers and Interval Proposal limits the number of demands in the marketplace. The Market Makers to quote a certain Short Term Options Series strike options series listed on ISE is intended amount of time in the trading day in intervals available for quoting and to meet customer demand by offering an their assigned due options series to trading on ISE for all ISE Participants. appropriate number of strikes. Non- maintain liquidity in the market.35 With While the current listing rules permit Customer cleared OCC volume an increasing number of strikes due to ISE to list a number of weekly strikes on represents the supply side. tighter intervals being listed across its market, in an effort to encourage The Strike Interval Proposal for listing options exchanges, Market Makers must Market Makers to deploy capital more strikes in certain multiply listed equity expend their capital to ensure that they efficiently, as well as improve displayed options is intended to remove certain have the appropriate infrastructure to market quality, ISE’s Strike Interval strikes where there exist clusters of meet their quoting obligations on all Proposal seeks to reduce the number of strikes whose characteristics closely options markets in which they are weekly options that would be listed on resemble one another and, therefore, do assigned in options series. The its market in later weeks, without not serve different trading needs that Exchange believes that this Strike reducing the number of series or classes renders the strikes less useful and Interval Proposal would limit the of options available for trading on ISE. thereby protects investors and the intervals between strikes listed on ISE As ISE’s Strike Interval Proposal seeks general public by removing an and thereby allow Lead Market Makers to reduce the number of weekly options abundance of unnecessary choices for and Market Makers to expend their that would be listed on its market in an options series, while also improving capital in the options market in a more later weeks, Market Makers would be market quality. ISE’s Strike Interval efficient manner that removes required to quote in fewer weekly Proposal seeks to reduce the number of impediments to and perfect the strikes as a result of the Strike Interval strikes in the furthest weeklies, where mechanism of a free and open market Proposal. The Exchange’s Strike Interval there exist wider markets, and, and a national market system. The Proposal, which is intended to decrease therefore, lower market quality. The Exchange also believes that this Strike the overall number of strikes listed on implementation of the proposed table is Interval Proposal would improve overall ISE, does not impose an undue burden intended to spread strike intervals in market quality on ISE for the protection multiply listed equity options, where on intra-market competition as all there is less volume that is measured by 33 The Exchange notes that is has discussed the Participants may only transact options the average daily volume tiers. proposed strike intervals with various members. in the strike intervals listed for trading Therefore, the lower the average daily The Exchange has gathered information regarding on ISE. While limiting the intervals of volume, the greater the proposed spread where trading in weeklies generally occurs to arrive strikes listed on ISE is the goal of this between strike intervals. Options classes at the proposed strike intervals. Strike Interval Proposal, the goal 34 Options contracts settle one business day after with higher volume contain the most trade date. Strike listing determinations are made continues to balance the needs of liquid symbols and strikes, therefore the the day prior to the start of trading in each series. market participants by continuing to finer the proposed spread between 35 See Options 2, Sections 4(j) and 5. offer a number of strikes to meet a
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27916 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
market participant’s investment IV. Solicitation of Comments For the Commission, by the Division of objective. Trading and Markets, pursuant to delegated Interested persons are invited to authority.39 The Exchange’s Strike Interval submit written data, views, and J. Matthew DeLesDernier, Proposal does not impose an undue arguments concerning the foregoing, Assistant Secretary. burden on inter-market competition as including whether the proposed rule this Strike Interval Proposal does not [FR Doc. 2021–10844 Filed 5–21–21; 8:45 am] change is consistent with the Act. impact the listings available at another BILLING CODE 8011–01–P Comments may be submitted by any of self-regulatory organization. In fact, ISE the following methods: is proposing to list a smaller amount of SECURITIES AND EXCHANGE weekly equity options in an effort to Electronic Comments COMMISSION curtail the increasing number of strikes that are required to be quoted by market • Use the Commission’s internet [Release No. 34–91920; File No. SR–OCC– makers in the options industry. Other comment form (http://www.sec.gov/ 2021–006] options markets may choose to replicate rules/sro.shtml); or Self-Regulatory Organizations; The • the Exchange’s Strike Interval Proposal Send an email to rule-comments@ Options Clearing Corporation; Notice and, thereby, further decrease the sec.gov. Please include File Number SR– of Filing and Immediate Effectiveness overall number of strikes within the ISE–2021–09 on the subject line. of Proposed Rule Change To Revise options industry. Paper Comments The Options Clearing Corporation’s C. Self-Regulatory Organization’s Schedule of Fees Statement on Comments on the • Send paper comments in triplicate May 18, 2021. Proposed Rule Change Received From to Secretary, Securities and Exchange Pursuant to Section 19(b)(1) of the Members, Participants, or Others Commission, 100 F Street NE, Securities Exchange Act of 1934 Washington, DC 20549–1090. No written comments were either (‘‘Exchange Act’’ or ‘‘Act’’),1 and Rule solicited or received. All submissions should refer to File 19b–4 thereunder,2 notice is hereby Number SR–ISE–2021–09. This file given that on May 5, 2021, The Options III. Date of Effectiveness of the number should be included on the Clearing Corporation (‘‘OCC’’) filed with Proposed Rule Change and Timing for subject line if email is used. To help the the Securities and Exchange Commission Action Commission process and review your Commission (‘‘Commission’’) the proposed rule change as described in The Exchange has filed the proposed comments more efficiently, please use only one method. The Commission will Items I, II, and III below, which Items rule change pursuant to Section have been prepared primarily by OCC. 36 post all comments on the Commission’s 19(b)(3)(A)(iii) of the Act and Rule OCC filed the proposed rule change 37 internet website (http://www.sec.gov/ 19b–4(f)(6) thereunder. Because the pursuant to Section 19(b)(3)(A)(ii) 3 of rules/sro.shtml). Copies of the foregoing proposed rule change does the Act and Rule 19b–4(f)(2) 4 submission, all subsequent not: (i) Significantly affect the thereunder so that the proposal was protection of investors or the public amendments, all written statements effective upon filing with the interest; (ii) impose any significant with respect to the proposed rule Commission. The Commission is burden on competition; and (iii) become change that are filed with the publishing this notice to solicit operative for 30 days from the date on Commission, and all written comments on the proposed rule change which it was filed, or such shorter time communications relating to the from interested persons. as the Commission may designate, it has proposed rule change between the become effective pursuant to Section Commission and any person, other than I. Clearing Agency’s Statement of the 19(b)(3)(A)(iii) of the Act and those that may be withheld from the Terms of Substance of the Proposed subparagraph (f)(6) of Rule 19b–4 public in accordance with the Rule Change 38 thereunder. provisions of 5 U.S.C. 552, will be The proposed rule change by OCC At any time within 60 days of the available for website viewing and would revise OCC’s schedule of fees filing of the proposed rule change, the printing in the Commission’s Public effective June 1, 2021, to implement a Commission summarily may Reference Room, 100 F Street NE, decrease in clearing fees. Proposed temporarily suspend such rule change if Washington, DC 20549, on official changes to OCC’s schedule of fees are it appears to the Commission that such business days between the hours of attached as Exhibit 5 to File Number action is necessary or appropriate in the 10:00 a.m. and 3:00 p.m. Copies of the SR–OCC–2021–006. Material proposed public interest, for the protection of filing also will be available for to be added to OCC’s schedule of fees as currently in effect is underlined and investors, or otherwise in furtherance of inspection and copying at the principal material proposed to be deleted is the purposes of the Act. If the office of the Exchange. All comments marked in strikethrough text. All Commission takes such action, the received will be posted without change. capitalized terms not defined herein Commission shall institute proceedings Persons submitting comments are to determine whether the proposed rule have the same meaning as set forth in cautioned that we do not redact or edit should be approved or disapproved. the OCC By-Laws and Rules.5 personal identifying information from
comment submissions. You should 39 36 15 U.S.C. 78s(b)(3)(A)(iii). 17 CFR 200.30–3(a)(12). 1 37 17 CFR 240.19b–4(f)(6). submit only information that you wish 15 U.S.C. 78s(b)(1). 2 38 In addition, Rule 19b–4(f)(6)(iii) requires the to make available publicly. All 17 CFR 240.19b–4. Exchange to give the Commission written notice of submissions should refer to File 3 15 U.S.C. 78s(b)(3)(A)(ii). its intent to file the proposed rule change at least Number SR–ISE–2021–09, and should 4 17 CFR 240.19b–4(f)(2). five business days prior to the date of filing of the 5 OCC’s By-Laws and Rules can be found on proposed rule change, or such shorter time as be submitted on or before June 14, 2021. OCC’s public website: https://www.theocc.com/ designated by the Commission. The Exchange has Company-Information/Documents-and-Archives/ satisfied this requirement. By-Laws-and-Rules.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27917
II. Clearing Agency’s Statement of the may use tools as it considers 2020,12 and in December, OCC Purpose of, and Statutory Basis for, the appropriate to lower costs for Clearing announced that its Board had approved Proposed Rule Change Members. Such tools for reducing the a clearing fee refund of $156 million,13 In its filing with the Commission, cost of clearing include lowering fees, which OCC paid on April 19, 2021. The OCC included statements concerning declaring a fee holiday, or issuing Commission issued a notice of no the purpose of and basis for the refunds.9 objection to the advance notice for proposed rule change and discussed any OCC experienced record volumes in OCC’s skin-in-the-game proposal on comments it received on the proposed 2020 while maintaining expenses at or April 7, 2021.14 Implementation of that rule change. The text of these statements around the budgeted amount. These proposal is currently pending approval may be examined at the places specified strong financial results put OCC in a of a proposed rule change pending with in Item IV below. OCC has prepared position to continue to invest resources the Commission.15 in OCC’s initiative to update and summaries, set forth in sections (A), (B), As of December 31, 2020, OCC upgrade its technology infrastructure for and (C) below, of the most significant maintained Equity of approximately aspects of these statements. critical clearing and settlement services, $557.6 million, or approximately $282.6 risk systems and data management,10 (A) Clearing Agency’s Statement of the million more than the Early Warning.16 while at the same time lowering the cost Purpose of, and Statutory Basis for, the of clearing for the users of the markets OCC continues to experience record Proposed Rule Change OCC serves. Accordingly, in August volume in 2021 while maintaining (1) Purpose 2020, OCC announced several measures expenses at or around the budgeted amount. Based on projections of The purpose of this proposed rule approved by OCC’s Board and Compensation and Performance contract volume and expenses, OCC change is to revise OCC’s schedule of believes that it can lower fees by 2.5 fees effective June 1, 2021, to implement Committee (‘‘CPC’’) to lower the cost of cents while maintaining sufficient a decrease in clearing fees. OCC’s clearing, including lowering its clearing revenue to support OCC’s operations Capital Management Policy (‘‘Policy’’) fee from $0.055 per contract to $0.045 provides that OCC reviews its fee per contract, an anticipated clearing fee and capital needs, including 2021 cash schedule on a periodic basis in refund to be announced at year-end, and needs related to OCC’s technology 17 consideration of factors including, but the establishment of a persistent infrastructure transformation. not limited to, projected operating minimum level of OCC’s own capital Accordingly, OCC proposes to modify expenses, projected volumes, that OCC would contribute to cover its fee schedule to: (i) Decrease its per anticipated cash flows, and capital default losses or liquidity shortfalls contract clearing fee from $0.045 to needs.6 Provided that OCC’s (commonly referred to as ‘‘skin-in-the- $0.02 per contract; and (ii) adjust the shareholders’ equity (‘‘Equity’’) exceeds game’’)—which will serve as a floor to quantity of contracts at which the fixed, 110% of the Target Capital OCC’s current, variable amount of skin- per trade clearing fee begins from trades Requirement 7 (‘‘Early Warning’’) 8 plus in-the-game funded by capital in excess with more than 1,222 contracts per trade the amount approved for capital of OCC’s Early Warning.11 to trades with more than 2,750 contracts expenditures, OCC’s Board, or a OCC implemented the announced per trade, as set forth in the schedule of Committee the Board has delegated, clearing fee decrease on September 1, fees depicted below.18
Current fee schedule Proposed fee schedule
Clearing fees Clearing fees
Trades with contracts of 0–1222 ...... $0.045/contract. Trades with contracts of 0–2750 ...... $0.02/contract. Trades with contracts of more than $55/trade. Trades with contracts of more than $55/trade. 1222. 2750.
OCC proposes to make the fee change that the industry could be prepared to based on consultations with market effective June 1, 2021, because OCC process the new fee without disruption participants.19 believes that this date is the first date
6 See Exchange Act Release No. 88029 (Jan. 24, 9 See Order Approving Policy, 85 FR at 5502; 14 See Exchange Act Release No. 91491 (Apr. 7, 2020), 85 FR 5500, 5502 (Jan. 30, 2020) (File No. Notice of No-Objection to Policy, 84 FR at 55196. 2021), 86 FR 19061 (Apr. 12, 2021) (File No. SR– SR–OCC–2019–007) (‘‘Order Approving Policy’’); 10 See OCC Technology Changes + Enhancements OCC–2021–801). Exchange Act Release No. 87257 (Oct. 8, 2019), 84 Reference Guide (Jan. 28, 2021), available at https:// 15 See Exchange Act Release No. 91483 (Apr. 6, FR 55194, 55196 (Oct. 15, 2019) (File No. SR–OCC– www.theocc.com/getmedia/2926b09d-5da5-4f00- 2021), 86 FR 19066 (Apr. 12, 2021) (File No. SR– 2019–805) (‘‘Notice of No-Objection to Policy’’). 85f2-09111bb2fcf8/OCC-Tech-Changes- OCC–2021–003); Exchange Act Release No. 91199 Enhancements-RefGuide-012821-FNL.pdf;?ext=.pdf. (Feb. 24, 2021), 86 FR 12237 (Mar. 2, 2021) (File 7 The Target Capital Requirement is the amount 11 No. SR–OCC–2021–003). of Equity recommended by Management and See Letter to Clearing Member Firms—OCC To Lower Costs for Users of U.S. Equity Derivatives 16 See OCC 2020 Financials, available at https:// approved by the Board of Directors (‘‘Board’’) to Markets (Aug. 3, 2020), available at https:// www.theocc.com/getattachment/9f5d22ff-d810- ensure compliance with regulatory capital www.theocc.com/Newsroom/Views/2020/08-03- 4690-948d-f9a207df083d/attachment.aspx. requirements and to keep such additional amount Letter-to-Clearing-Member-Firms. 17 OCC has provided confidential data and the Board may approve for capital expenditures. 12 See Exchange Act Release No. 89534 (Aug. 12, analysis to the Commission in Exhibit 3 to File No. See OCC Rule 101. 2020), 85 FR 50858 (Aug. 18, 2020) (File No. SR– SR–OCC–2021–006. 8 The Early Warning is one of the thresholds OCC–2020–009). 18 These changes are also reflected in Exhibit 5 to under OCC’s plan for replenishing capital in the 13 See Press Release, OCC to Provide Year-End File No. SR–OCC–2021–006. event OCC’s Equity falls close to or below OCC’s Refund to Clearing Members (Dec. 17, 2020), 19 OCC notes that a mid-month change to clearing regulatory capital requirements, as required by SEC available at https://www.theocc.com/Newsroom/ fees could introduce operational disruption to Rule 17Ad–22(e)(15)(iii). See 17 CFR 17Ad– Press-Releases/2020/12-17-OCC-to-Provide-Year- Clearing Members due to the impact on their billing 22(e)(15)(iii). End-Refund-for-Clearing. processes.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27918 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
(2) Statutory Basis appropriate in furtherance of the Electronic Comments Section 17A(b)(3)(D) of the Act 20 purposes of the Act. OCC does not • Use the Commission’s internet requires that the rules of a clearing believe that the proposed rule change comment form (http://www.sec.gov/ agency provide for the equitable would have any impact or impose a rules/sro.shtml); or allocation of reasonable dues, fees, and burden on competition. Although this • Send an email to rule-comments@ other charges among its participants. proposed rule change affects clearing sec.gov. Please include File Number SR– OCC believes that the proposed fee members, their customers, and the OCC–2021–006 on the subject line. change is reasonable because it is markets that OCC serves, OCC believes designed to decrease the cost of clearing that the proposed rule change would not Paper Comments while maintaining sufficient reserves in disadvantage or favor any particular • Send paper comments in triplicate the form of liquid net assets to cover user of OCC’s services in relationship to to Secretary, Securities and Exchange OCC’s operating expenses and address another user because the proposed Commission, 100 F Street NE, potential business or operational losses clearing fees apply equally to all users Washington, DC 20549–1090. so that OCC can continue to meet its of OCC. Accordingly, OCC does not All submissions should refer to File obligations as a systemically important believe that the proposed rule change Number SR–OCC–2021–006. This file financial market utility to Clearing would have any impact or impose a number should be included on the Members and the general public if such burden on competition. subject line if email is used. To help the losses were to materialize (including (C) Clearing Agency’s Statement on Commission process and review your through a recovery or orderly wind- comments more efficiently, please use Comments on the Proposed Rule down of critical operations and services) only one method. The Commission will Change Received From Members, and thereby facilitate compliance with post all comments on the Commission’s certain requirements of Rule 17Ad– Participants or Others internet website (http://www.sec.gov/ 22(e)(15)(ii).21 Written comments on the proposed rules/sro.shtml). Copies of the In determining the appropriate level submission, all subsequent of the proposed fee decrease, the CPC rule change were not and are not intended to be solicited with respect to amendments, all written statements considered a variety of factors, with respect to the proposed rule the proposed rule change and none have including projected average daily change that are filed with the been received. volume, operating income, and a Commission, and all written scenario analysis modeling the III. Date of Effectiveness of the communications relating to the sensitivity of operating income and Proposed Rule Change and Timing for proposed rule change between the margin, adjusting for different clearing Commission and any person, other than 22 Commission Action fee levels. The CPC also considered those that may be withheld from the OCC’s cash needs through 2021 to Pursuant to Section 19(b)(3)(A)(ii) 25 public in accordance with the support its technology transformation of the Act, and Rule 19b–4(f)(2) provisions of 5 U.S.C. 552, will be initiative. OCC believes that the thereunder,26 the proposed rule change available for website viewing and proposed decrease in clearing fees is is filed for immediate effectiveness as it printing in the Commission’s Public reasonable and consistent with its constitutes a change in fees charged to Reference Room, 100 F Street NE, existing By-Laws and Rules. OCC also OCC clearing members. At any time Washington, DC 20549, on official believes that the proposed fee change within 60 days of the filing of the business days between the hours of would result in an equitable allocation 10:00 a.m. and 3:00 p.m. Copies of such of fees among its participants because it proposed rule change, the Commission summarily may temporarily suspend filing also will be available for would be equally applicable to all inspection and copying at the principal market participants transacting at a such rule change if it appears to the Commission that such action is office of OCC and on OCC’s website at given level of contract volume. As a https://www.theocc.com/Company- result, OCC believes that the proposed necessary or appropriate in the public interest, for the protection of investors, Information/Documents-and-Archives/ fee schedule provides for the equitable By-Laws-and-Rules. allocation of reasonable fees in or otherwise in furtherance of the purposes of the Act. The proposal shall All comments received will be posted accordance with Section 17A(b)(3)(D) of without change. Persons submitting 23 not take effect until all regulatory the Act. comments are cautioned that we do not actions required with respect to the The proposed rule change is not redact or edit personal identifying 27 inconsistent with the existing rules of proposal are completed. information from comment submissions. OCC, including any other rules IV. Solicitation of Comments You should submit only information proposed to be amended. that you wish to make available (B) Clearing Agency’s Statement on Interested persons are invited to publicly. Burden on Competition submit written data, views and All submissions should refer to File arguments concerning the foregoing, Section 17A(b)(3)(I) of the Act 24 Number SR–OCC–2021–006 and should including whether the proposed rule requires that the rules of a clearing be submitted on or before June 14, 2021. agency not impose any burden on change is consistent with the Act. For the Commission, by the Division of competition not necessary or Comments may be submitted by any of Trading and Markets, pursuant to delegated the following methods: authority.28 20 15 U.S.C. 78q–1(b)(3)(D). J. Matthew DeLesDernier, 21 17 CFR 240.17Ad–22(e)(15)(ii). 25 15 U.S.C. 78s(b)(3)(A)(ii). Assistant Secretary. 22 26 A summary of the scenario and sensitivity 17 CFR 240.19b–4(f)(2). [FR Doc. 2021–10841 Filed 5–21–21; 8:45 am] analyses is included in confidential Exhibit 3 to 27 Notwithstanding its immediate effectiveness, BILLING CODE 8011–01–P File No. SR–OCC–2021–006. implementation of this rule change will be delayed 23 15 U.S.C. 78q–1(b)(3)(D). until this change is deemed certified under CFTC 24 15 U.S.C. 78q–1(b)(3)(I). Regulation 40.6. 28 17 CFR 200.30–3(a)(12).
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27919
SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s Fund Share,4 or ETN 5) has been COMMISSION Statement of the Purpose of, and approved for listing and trading on the Statutory Basis for, the Proposed Rule Exchange, to open for trading series of [Release No. 34–91932; File No. SR–Phlx– Change options therein. The Exchange may list series of options for trading on a 2021–26] 1. Purpose Self-Regulatory Organizations; Nasdaq The Exchange proposes to amend 4 Exchange-Traded Fund Share shall include PHLX LLC; Notice of Filing and Options 4, Section 5, ‘‘Series of Options shares or other securities that are traded on a Immediate Effectiveness of Proposed national securities exchange and are defined as an Contracts Open for Trading.’’ ‘‘NMS stock’’ under Rule 600 of Regulation NMS, Rule Change To Amend Options 4, Specifically, this proposal seeks to limit and that (i) represent interests in registered Section 5, ‘‘Series of Options Contracts the intervals between strikes for investment companies (or series thereof) organized Open for Trading’’ To Limit Short Term as open-end management investment companies, multiply listed equity options classes Options Series Intervals Between unit investment trusts or similar entities, that hold within the Short Term Options Series portfolios of securities and/or financial instruments Strikes program that have an expiration date including, but not limited to, stock index futures contracts, options on futures, options on securities May 18, 2021. more than twenty-one days from the and indexes, equity caps, collars and floors, swap listing date. This proposal is identical to Pursuant to Section 19(b)(1) of the agreements, forward contracts, repurchase a proposal by Nasdaq BX, Inc.3 agreements and reverse repurchase agreements Securities Exchange Act of 1934 comprising or otherwise based on or representing (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Background investments in broad-based indexes or portfolios of notice is hereby given that on May 5, securities and/or Financial Instruments and Money Today, Phlx’s listing rules within Market Instruments (the ‘‘Money Market 2021, Nasdaq PHLX LLC (‘‘Phlx’’ or Instruments’’) (or that hold securities in one or ‘‘Exchange’’) filed with the Securities Options 4, Section 5 permits the more other registered investment companies that and Exchange Commission Exchange, after a particular class of themselves hold such portfolios of securities and/ (‘‘Commission’’) the proposed rule options (call option contracts or put or Financial Instruments and Money Market option contracts relating to a specific Instruments (ii) represent interests in a trust or change as described in Items I and II, similar entity that holds a specified non-U.S. below, which Items have been prepared underlying stock, Exchange-Traded currency or currencies deposited with the trust or by the Exchange. The Commission is similar entity when aggregated in some specified publishing this notice to solicit minimum number may be surrendered to the trust by the beneficial owner to receive the specified comments on the proposed rule change non-U.S. currency or currencies and pays the from interested persons. beneficial owner interest and other distributions on the deposited non-U.S. currency or currencies, if I. Self-Regulatory Organization’s any, declared and paid by the trust (‘‘Currency Statement of the Terms of Substance of Trust Shares’’), (iii) represent commodity pool the Proposed Rule Change interests principally engaged, directly or indirectly, in holding and/or managing portfolios or baskets of The Exchange proposes to amend securities, commodity futures contracts, options on commodity futures contracts, swaps, forward Options 4, Section 5, ‘‘Series of Options contracts and/or options on physical commodities Contracts Open for Trading.’’ This and/or non-U.S. currency (‘‘Commodity Pool proposal seeks to limit Short Term ETFs’’), (iv) represent interests in the SPDR® Gold Options Series intervals between strikes Trust, the iShares COMEX Gold Trust, the iShares Silver Trust, the ETFS Gold Trust, the ETFS Silver which are available for quoting and Trust, the ETFS Palladium Trust, the ETFS trading on Phlx. Platinum Trust or the Sprott Physical Gold Trust or (v) represents an interest in a registered investment The text of the proposed rule change company (‘‘Investment Company’’) organized as an is available on the Exchange’s website at open-end management company or similar entity, https://listingcenter.nasdaq.com/ that invests in a portfolio of securities selected by rulebook/phlx/rules, at the principal the Investment Company’s investment adviser consistent with the Investment Company’s office of the Exchange, and at the investment objectives and policies, which is issued Commission’s Public Reference Room. in a specified aggregate minimum number in return for a deposit of a specified portfolio of securities II. Self-Regulatory Organization’s and/or a cash amount with a value equal to the next Statement of the Purpose of, and determined net asset value (‘‘NAV’’), and when Statutory Basis for, the Proposed Rule aggregated in the same specified minimum number, Change may be redeemed at a holder’s request, which holder will be paid a specified portfolio of securities and/or cash with a value equal to the next In its filing with the Commission, the determined NAV (‘‘Managed Fund Share’’); Exchange included statements provided the conditions within Options 4, Section concerning the purpose of and basis for 3(i)(A) and (B) are met. See Options 4, Section 3(i). the proposed rule change and discussed 5 Securities deemed appropriate for options trading shall include shares or other securities any comments it received on the (‘‘Equity Index-Linked Securities,’’ ‘‘Commodity- proposed rule change. The text of these Linked Securities,’’ ‘‘Currency-Linked Securities,’’ statements may be examined at the ‘‘Fixed Income Index-Linked Securities,’’ ‘‘Futures- places specified in Item IV below. The 3 See Securities Exchange Act Release No. 91125 Linked Securities,’’ and ‘‘Multifactor Index-Linked Exchange has prepared summaries, set (February 12, 2021), 86 FR 10375 (February 19, Securities,’’ collectively known as ‘‘Index-Linked 2021) (SR–BX–2020–032) (Notice of Filing of Securities’’ or ‘‘ETNs’’) that are principally traded forth in sections A, B, and C below, of on a national securities exchange and an ‘‘NMS Amendment No. 1 and Order Granting Accelerated the most significant aspects of such Stock’’ (as defined in Rule 600 of Regulation NMS Approval of Proposed Rule Change, as Modified by statements. under the Securities Exchange Act of 1934), and Amendment No. 1, To Amend Options 4, Section represent ownership of a security that provides for 5, To Limit Short Term Options Series Intervals the payment at maturity, as described within 1 15 U.S.C. 78s(b)(1). Between Strikes That Are Available for Quoting and Options 4, Section 3(l)(i)(1)–(6). See Options 4, 2 17 CFR 240.19b–4. Trading on BX). Section 3(l)(i).
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27920 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
weekly,6 monthly 7 or quarterly 8 basis. addition to those intervals, the Exchange may open up to thirty initial Options 4, Section 5(d) sets forth the Exchange may list series of options series for each option class that intervals between strike prices of series pursuant to the $1 Strike Price Interval participates in the Short Term Option of options on individual stocks.9 In Program,10 the $0.50 Strike Program,11 Series Program.15 Further, if the the $2.50 Strike Price Program,12 and Exchange opens less than thirty (30) 6 The weekly listing program is known as the the $5 Strike Program.13 Short Term Option Series for a Short Short Term Options Series Program and is The Exchange’s proposal seeks to Term Option Expiration Date, additional described within Supplementary Material .03 of Options 4, Section 5. amend the listing of weekly series of series may be opened for trading on the 7 The Exchange will open at least one expiration options as proposed within new Exchange when the Exchange deems it month for each class of options open for trading on Supplementary Material .03(f) of necessary to maintain an orderly the Exchange. See Options 4, Section 5(g). The Options 4, Section 5, by limiting the market, to meet customer demand or monthly expirations are subject to certain listing when the market price of the underlying criteria for underlying securities described within intervals between strikes in multiply Options 4, Section 3. Monthly listings expire the listed equity options, excluding security moves substantially from the third Friday of the month. The term ‘‘expiration Exchange-Traded Fund Shares and exercise price or prices of the series date’’ when used in respect of a series of binary ETNs, that have an expiration date more already opened.16 options other than event options means the last day The Exchange may open for trading on which the options may be automatically than twenty-one days from the listing exercised. In the case of a series of event options date. This proposal does not amend Short Term Option Series on the Short (other than credit default options or credit default monthly or quarterly listing rules nor Term Option Opening Date that expire basket options) that are be automatically exercised does it amend the $1 Strike Price on the Short Term Option Expiration prior to their expiration date upon receipt by the Date at strike price intervals of (i) $0.50 Corporation of an event confirmation, the Interval Program, the $0.50 Strike expiration date is the date specified by the listing Program, the $2.50 Strike Price Program, or greater where the strike price is less Exchange; provided, however, that when an event or the $5 Strike Program. than $100, and $1 or greater where the confirmation is deemed to have been received by strike price is between $100 and $150 the Corporation with respect to such series of Short Term Options Series Program for all option classes that participate in options, the expiration date will be accelerated to the date on which such event confirmation is Today, Supplementary Material .03 of the Short Term Options Series Program; deemed to have been received by the Corporation Options 4, Section 5 permits Phlx to (ii) $0.50 for option classes that trade in or such later date as the Corporation may specify. open for trading on any Thursday or one dollar increments and are in the In the case of a series of credit default options or Short Term Option Series Program; or credit default basket options, the expiration date is Friday that is a business day (‘‘Short the fourth business day after the last trading day for Term Option Opening Date’’) series of (iii) $2.50 or greater where the strike such series as such trading day is specified by the options on an option class that expires price is above $150. During the month Exchange on which the series of options is listed; at the close of business on each of the prior to expiration of an option class provided, however, that when an event that is selected for the Short Term confirmation is deemed to have been received by next five Fridays that are business days the Corporation with respect to a series of credit and are not Fridays in which monthly Option Series Program (‘‘Short Term default options or single payout credit default options series or Quarterly Options Option’’), the strike price intervals for basket options prior to the last trading day for such Series expire (‘‘Short Term Option the related non-Short Term Option series, the expiration date for options of that series (‘‘Related non-Short Term Option’’) will be accelerated to the second business day Expiration Dates’’), provided an option following the day on which such event class has been approved for listing and shall be the same as the strike price confirmation is deemed to have been received by trading on the Exchange.14 Today, the intervals for the Short Term Option.17 the Corporation. ‘‘Expiration date’’ means, in The Exchange may select up to fifty respect of a series of range options expiring prior Exchange-Traded Fund Shares in this rule, the currently listed option classes on which to February 1, 2015, the Saturday immediately ® ® following the third Friday of the expiration month interval of strike prices on SPDR S&P 500 ETF Short Term Option Series may be of such series, and, in respect of a series of range (‘‘SPY’’), iShares Core S&P 500 ETF (‘‘IVV’’), opened on any Short Term Option options expiring on or after February 1, 2015 means PowerShares QQQ Trust (‘‘QQQ’’), iShares Russell 2000 Index Fund (‘‘IWM’’), and the SPDR® Dow Opening Date. In addition to the fifty the third Friday of the expiration month of such ® series, or if such Friday is a day on which the Jones Industrial Average ETF (‘‘DIA’’) options will option class restriction, the Exchange Exchange on which such series is listed is not open be $1 or greater. may also list Short Term Option Series for business, the preceding day on which such 10 The $1 Strike Interval Program is described on any option classes that are selected Exchange is open for business. See The Options within Supplementary Material .01 of Options 4, by other securities exchanges that Section 5. Clearing Corporation (‘‘OCC’’) By-Laws at Section 1. employ a similar program under their 8 The quarterly listing program is known as the 11 The $0.50 Strike Interval Program is described Quarterly Options Series Program and is described within Supplementary Material .05 of Options 4, within Supplementary Material .04 of Options 4, Section 5. Series expire (‘‘Wednesday SPY Expirations’’). With Section 5. 12 The $2.50 Strike Interval Program is described respect to Monday SPY Expirations, the Exchange 9 Except as otherwise provided in the within Supplementary Material .02 of Options 4, may open for trading on any Friday or Monday that Supplementary Material of Options 4, Section 5, the Section 5. is a business day series of options on the SPY to interval between strike prices of series of options 13 The $5.00 Strike Interval Program is described expire on any Monday of the month that is a on individual stocks will be: (1) $2.50 or greater within Supplementary Material .06 of Options 4, business day and is not a Monday in which where the strike price is $25.00 or less; (2) $5.00 Section 5. Quarterly Options Series expire (‘‘Monday SPY or greater where the strike price is greater than 14 The Exchange may have no more than a total Expirations’’), provided that Monday SPY $25.00; and (3) $10.00 or greater where the strike of five Short Term Option Expiration Dates, not Expirations that are listed on a Friday must be price is greater than $200.00. including any Monday or Wednesday SPY listed at least one business week and one business The interval between strike prices of series of Expirations as provided below. If the Exchange is day prior to the expiration. The Exchange may list options on Exchange-Traded Fund Shares approved not open for business on the respective Thursday up to five consecutive Wednesday SPY Expirations for options trading pursuant to Section 3(i) of this or Friday, the Short Term Option Opening Date will and five consecutive Monday SPY Expirations at Options 4 shall be fixed at a price per share which be the first business day immediately prior to that one time; the Exchange may have no more than a is reasonably close to the price per share at which respective Thursday or Friday. Similarly, if the total of five Wednesday SPY Expirations and a total the underlying security is traded in the primary Exchange is not open for business on a Friday, the of five Monday SPY Expirations. Monday and market at or about the same time such series of Short Term Option Expiration Date will be the first Wednesday SPY Expirations will be subject to the options is first open for trading on the Exchange, business day immediately prior to that Friday. With provisions of this Rule. See Supplementary Material or at such intervals as may have been established respect to Wednesday SPY Expirations, the .03 of Options 4, Section 5. on another options exchange prior to the initiation Exchange may open for trading on any Tuesday or 15 See Supplementary Material .03 of Options 4, of trading on the Exchange. Wednesday that is a business day series of options Section 5(c). Pursuant to Options 4, Section 5(e), on the SPDR S&P 500 ETF Trust (SPY) to expire on 16 See Supplementary Material .03 of Options 4, notwithstanding any other provision regarding the any Wednesday of the month that is a business day Section 5(d). interval of strike prices of series of options on and is not a Wednesday in which Quarterly Options 17 See Options 4, Section 5(e).
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27921
respective rules. For each option class exchanges in option classes selected by or LEAPs and quarterly listings in 2015 eligible for participation in the Short such exchanges under their respective as compared to 2020. The weekly strikes Term Option Series Program, the short term option rules.18 increased 8.9% compound annual Exchange may open up to thirty Short Phlx notes that listings in the weekly growth rate (‘‘CAGR’’) from 2015 as Term Option Series for each expiration program comprise a significant part of compared to a 4.3% CAGR for standard date in that class. The Exchange may the standard listing in options markets. expirations using 3rd 2015 Friday also open Short Term Option Series that The below diagrams demonstrate the expirations. percentage of weekly listings as are opened by other securities BILLING CODE 8011–01–P compared to Long-Term Option Series
2015:
STD
2020:
STD
BILLING CODE 8011–01–C Short Term Option Series in equity three-tiered table which considers both Proposal options, excluding Exchange-Traded the share price and average daily Fund Shares and ETNs) (collectively volume for the option series.19 The Phlx proposes to limit the intervals ‘‘Strike Interval Proposal’’). Phlx’s Strike below table indicates the applicable between strikes in options listed as part Interval Proposal would limit the strike intervals and would supersede of the Short Term Option Series intervals between strikes by utilizing the Supplementary Material .03(d) which Program that have an expiration date table proposed within Supplementary currently permits additional series to be more than twenty-one days from the Material .07 of Options 4, Section 5. opened for trading on the Exchange listing date, by adopting proposed Supplementary Material .03(f) of With the Strike Interval Proposal, Phlx when the Exchange deems it necessary Options 4, Section 5 as well as proposed would limit intervals between strikes for to maintain an orderly market, to meet Supplementary Material .07 of Options expiration dates of option series beyond customer demand or when the market 4, Section 5, with respect to listing twenty-one days utilizing the below price of the underlying security moves
18 See Supplementary Material .03(a) of Options 19 Additional information comparing the current https://www.nasdaq.com/solutions/bx-options- 4, Section 5. listing program to this proposal is available at: strike-proliferation-proposal.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES EN24MY21.004 27922 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
substantially from the exercise price or Supplementary Material .03(d) to permit days from the listing date despite the prices of the series already opened. As additional series to be opened for noted circumstances when such a result, the Exchange would not be able trading on Phlx which have an additional series could otherwise be to utilize the rule text within expiration date more than twenty-one added.
Share price Tier Average daily volume $25 to less $75 to less $150 to less $500 or Less than $25 than $75 than $150 than $500 greater
1 ...... Greater than 5,000...... $0.50 $1.00 $1.00 $5.00 $5.00 2 ...... Greater than 1,000 to 5,000 ...... 1.00 1.00 1.00 5.00 10.00 3 ...... 0 to 1,000 ...... 2.50 5.00 5.00 5.00 10.00
The Share Price would be the closing thereby permit Phlx to add strikes to of a new quarter to support listing price on the primary market on the last meet customer demand in the options decisions, pursuant to the Short Term day of the calendar quarter. This value class. By deferring the curtailment until Options Series Program, for the most would be used to derive the column after the end of the first full calendar recent listing within the Short Term from which to apply strike intervals quarter, additional information on the Options Program. The report will be throughout the next calendar quarter. underlying security would be available based on information that Phlx will The Average Daily Volume would be the to market participants and public obtain as described herein. This total number of options contracts traded investors. During this period of information is available to other options in a given security for the applicable deferment the price of the underlying markets and is being made available by calendar quarter divided by the number would have an opportunity to settle Phlx to provide consistency and relieve of trading days in the applicable based on the price discovery that has administrative burdens on other options calendar quarter. Beginning on the occurred in the primary market. An markets. Other exchanges may elect to second trading day in the first month of options class that represents a newly utilize ISE’s report to validate their own each calendar quarter, the Average Daily listed primary security may fluctuate in information or they may otherwise elect Volume shall be calculated by utilizing price after its initial listing; such another method to consume similar data from the prior calendar quarter volatility reflects a natural uncertainty information as Phlx is posting to its based on Customer-cleared volume at about the security. Also, Phlx would website. OCC. For options listed on the first have the ability to list as many strikes In the event of a corporate action, the trading day of a given calendar quarter, as are permissible for the Short Term Share Price of the surviving company the Average Daily Volume shall be Options Series once the expiry is within would be utilized. These metrics are calculated using the calendar quarter twenty-one days. Short Term Options intended to align expectations for prior to the last trading calendar Series which have an expiration date determining which strike intervals will quarter.20 Under current rules, if the less than twenty-one days from the be utilized. Finally, notwithstanding the Exchange is not open for business on listing date are not subject to the limitations imposed by Options 4, the respective Thursday or Friday, the curtailment, thereby allowing Phlx to Section 5 at proposed Supplementary Short Term Option Opening Date will list additional, and potentially Material .07, this Strike Interval be the first business day immediately narrower, strikes in the event of market Proposal does not amend the range of prior to that respective Thursday or volatility or other market events. strikes that may be listed pursuant to Friday, as is the case today for STOs as Phlx proposes to make publically Options 4, Section 5 at Supplementary specified within Supplementary .03 to available a report on a quarterly basis Material .03, regarding the Short Term Options 4, Section 5. which indicates, for each Short Term Option Series Program. The Exchange proposes that Short Options Series eligible to be listed By way of example, if the Share Price Term Options Series that are newly under proposed Supplementary for a symbol was $142 at the end of a eligible for listing pursuant to Options Material .07 of Options 4, Section 5, the calendar quarter, with an Average Daily 4, Section 3(a) will not be subject to this applicable tiering of the underlying, Volume greater than 5,000, thereby, proposed Supplementary .07 until after which includes the closing price of the requiring strike intervals to be listed the end of the first full calendar quarter underlying, and the average daily $1.00 apart, that strike interval would following the date the option class was customer volume of the option in that apply for the calendar quarter, first listed for trading on any options underlying.22 The average daily regardless of whether the Share Price market.21 The Exchange would be customer volume data will be sourced changed to greater than $150 during that 24 permitted to list options on newly from OCC. The closing price of the calendar quarter. eligible listings, without any underlying will be sourced from the The proposed table within Supplementary Material .07 of Options curtailment in strike intervals, until the closing prices for Tape A, B and C 4, Section 5 takes into account the end of the first full quarter after they securities published by the UTP and notional value of a security, as well as were listed. Phlx’s proposal would CTA/CQ Plans. Phlx will produce the Average Daily Volume in the underlying report by the close of business on the stock, in order to limit the intervals 20 For example, options listed as of January 4, first trading day of the quarter.23 The between strikes in the Short Term 2021 would be calculated on January 5, 2021 using Exchange notes that the report will be the Average Daily Volume from July 1, 2020 to Options listing program. Phlx would September 30, 2020. posted on Phlx’s website on the first day 21 For example, if an options became newly 24 The Exchange notes that any limits on intervals eligible for listing pursuant to Options 4, Section 3 22 ISE will make this information available on imposed by the Exchange’s Rules will continue to on March 1, 2021, the first full quarterly lookback ISE’s website. This information will be freely- apply. In this example, the strikes would be in $1 would be available on July 1, 2021. This option accessible to the public. intervals up to $150, which is the upper limit would become subject to the curtailment on July 2, 23 OCC data becomes available for the end of a imposed by Supplementary Material .03(e) of 2021. quarter on the first trading day of a new quarter. Options 4, Section 5.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27923
utilize OCC Customer-cleared volume, appropriate number of strikes. Non- furthest weeklies, where there exist as customer volume is an appropriate Customer cleared OCC volume wider markets and therefore lower proxy for demand. The OCC Customer- represents the supply side. The strike market quality. Below are two tables cleared volume represents the majority intervals for listing strikes in certain which focus on data for 10 of the most of options volume executed on the options are intended to remove and least actively traded symbols 25 and Exchange that, in turn, reflects the repetitive and unnecessary strike demonstrate average spreads in weekly demand in the marketplace. The options listings across the weekly expiries. options during the month of August series listed on Phlx are intended to Phlx’s Strike Interval Proposal seeks to 2020. meet customer demand by offering an reduce the number of strikes in the BILLING CODE 8011–01–P
August 2020 Average Daily Spread by Expiration (aggregated by series)
. $0.26' AAPI.. $0.23 $0.l..8.
TSI..A $2.64 $1.57 $1.95
MSFT $0_22: $0.2:7 $0.1.5 AMD . $0.":9 $0.21 $0,11
BAC $0.04 $0.03 $0.04'
NRG :$0.. 30 $0.:32: $0~33
RACE $'.t.08 :$1~06 $1.16
CYH :$2.20 $.l..37 $0.88
$3.22 $3.53 $3.56 NAV --• ..... I $0.40 ll...... _ ...... _ ...... ;;.;-.:...... ------;o'.:.;.-...:_...:_...:__:.._.._.._:._.._ici;-.:...... :...:..:..;;.;.;;...;;.....;$foo:;.s9"1 I $0A,S $0,43. $0.3.'5 $0~~~0.29
.1 2 3 4 s Weeks to expiration
The proposed table within between strike intervals. Additionally, expiration date greater than twenty-one Supplementary Material .07 of Options lower-priced shares have finer strike days from the listing date equates to 4, Section 5 is intended to distribute intervals than higher-priced shares 7.5% of the total number of strikes in strike intervals in multiply listed equity when comparing the proposed spread the options market, which equals 81,000 options where there is less volume as between strike intervals.26 strikes.27 This proposal would result in measured by the Average Daily Volume Today, weeklies are available on 16% the curtailment of approximately 20,000 tiers. Therefore, the lower the Average of underlying products. The Exchange’s strikes within the Short Term Options Daily Volume, the greater the proposed Strike Interval Proposal curtails the Series which is 2% of the total strikes spread between strike intervals. Options density of strike intervals listed in series in the options markets.28 classes with higher volume contain the of options, without reducing the classes most liquid symbols and strikes, of options available for trading on Phlx. therefore the finer the proposed spread Short Term Options Series with an
25 The table represents stock in the following The Exchange has gathered information regarding of and total number of strikes, are approximations securities: Apple, Tesla, Microsoft Corporation, where trading in weeklies generally occurs to arrive and may vary slightly at the time of this filing. Advanced Micro Devices, Inc., Bank of America at the proposed strike intervals. 28 This information was derived from information Corp., NRG Energy Inc., Ferrari NV, Community 27 The Exchange notes that this proposal is an from the time period from January 2020 through Health Systems Inc., Navistar International Corp, initial attempt at reducing strikes and anticipates May 2020. and Jabil Inc. filing additional proposals to continue reducing 26 The Exchange notes that is has discussed the strikes. The above-referenced data, specifically the proposed strike intervals with various members. percentage of underlying products and percentage
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES EN24MY21.005 27924 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
# of distinct products with/without weekly ~pira:ttiops
••• No~~ • ~elCplratloml
3500
April2020
1/10/2JJ•:r/2Sl.20· ~(20. · 2/24/203/10/20·3/2S/20.·4/'!iJl2.0·• 4/24/2.0 5/9/20 S/24P-Q Date
The above table represents the Phlx’s Strike Interval Proposal focuses Fund Shares and ETNs, as the majority inconsistency of demand for series of on strikes in multiply listed equity of strikes reside within equity options. options beyond twenty-one calendar options, and excludes Exchange-Traded days.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES EN24MY21.006 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27925
Strike and Open Interest for Stock Weekly Serie
BILLING CODE 8011–01–C needs,29 rendering these strikes less between strikes in multiply listed equity While the current listing rules permit useful. options that have an expiration date Phlx to list a number of weekly strikes This Strike Interval Proposal serves to more than twenty-one days, from the on its market, in an effort to encourage respond to comments received from listing date. Market Makers to deploy capital more industry members with respect to the This Strike Interval Proposal is efficiently, as well as improve displayed increasing number of strikes that are intended to be the first in a series of market quality, Phlx’s Strike Interval required to be quoted by market makers proposals to limit the number of listed Proposal reduces the number of listed in the options industry. Phlx requires options series listed on Phlx and other Lead Market Makers and Market Makers Nasdaq affiliated markets. The Exchange weekly options. As Phlx’s Strike to quote a certain amount of time in the intends to decrease the overall number Interval Proposal seeks to reduce the trading day in their assigned options of strikes listed on Nasdaq exchanges in number of weekly options that would be series to maintain liquidity in the a methodical fashion, so that it may listed on its market in later weeks, market.30 With an increasing number of monitor progress and feedback from its Market Makers would be required to strikes being listed across options membership. While limiting the quote in fewer weekly strikes as a result exchanges, Market Makers must expend intervals between listed strikes is the of the Strike Interval Proposal. their capital to ensure that they have the goal of this rule change, Phlx’s Strike Specifically, the Strike Interval Proposal appropriate infrastructure to meet their Interval Proposal is intended to balance aims to reduce the density of strike quoting obligations on all options that goal with the needs of market intervals that would be listed in later markets in which they are assigned in participants. Phlx believes that various weeks, by creating limitations for options series. The Exchange believes strike intervals continue to offer market intervals between strikes which have an that this Strike Interval Proposal would participants the ability to select the expiration date more than twenty-one limit the intervals between strikes, appropriate strike interval to meet that days from the listing date. The table reducing the number of strikes listed on market participant’s investment takes into account customer demand for Phlx, and thereby allow Lead Market objective. certain options classes, by considering Makers and Market Makers to expend Implementation both the Share Price and the Average their capital in the options market in a The Exchange intends to begin Daily Volume, to arrive at the manner more efficient manner. Due to this implementation of the proposed rule which weekly strike intervals may be increased efficiency, the Exchange believes that this Strike Interval change on July 1, 2021. The Exchange listed. The intervals for listing strikes in will issue an Options Trader Alert to equity options is intended to remove Proposal would improve overall market quality on Phlx by limiting the intervals Participants to provide notification of certain strike intervals where there exist the implementation date. clusters of strikes whose characteristics 29 For example, two strikes that are densely 2. Statutory Basis closely resemble one another and, clustered may have the same risk properties and therefore, do not serve different trading may also be the same percentage out-of-the money. The Exchange believes that its 30 See Options 2, Sections 4(j) and 5. proposal is consistent with Section 6(b)
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES EN24MY21.007 27926 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
of the Act,31 in general, and furthers the appropriate number of strikes. Non- industry members with respect to the objectives of Section 6(b)(5) of the Act,32 Customer cleared OCC volume increasing number of strikes that are in particular, in that it is designed to represents the supply side. required to be quoted by market makers promote just and equitable principles of The Strike Interval Proposal for listing in the options industry. Today, Phlx trade, to remove impediments to and strikes in certain multiply listed equity requires Lead Market Makers and perfect the mechanism of a free and options is intended to remove certain Market Makers to quote a certain open market and a national market strikes where there exist clusters of amount of time in the trading day in system, and, in general to protect strikes whose characteristics closely their assigned due options series to investors and the public interest. The resemble one another and, therefore, do maintain liquidity in the market.35 With Strike Proposal seeks to limit the not serve different trading needs that an increasing number of strikes due to intervals between strikes listed in the renders the strikes less useful and tighter intervals being listed across Short Term Options Series program that thereby protects investors and the options exchanges, Market Makers must have an expiration date more than general public by removing an expend their capital to ensure that they twenty-one days. While the current abundance of unnecessary choices for have the appropriate infrastructure to listing rules permit Phlx to list a number an options series, while also improving meet their quoting obligations on all of weekly strikes on its market, the market quality. Phlx’s Strike Interval options markets in which they are Exchange’s Strike Interval Proposal Proposal seeks to reduce the number of assigned in options series. The removes impediments to and perfects strikes in the furthest weeklies, where Exchange believes that this Strike the mechanism of a free and open there exist wider markets, and, Interval Proposal would limit the market and a national market system by therefore, lower market quality. The intervals between strikes listed on Phlx encouraging Market Makers to deploy implementation of the proposed table is and thereby allow Lead Market Makers capital more efficiently and improving intended to spread strike intervals in and Market Makers to expend their market quality overall on Phlx through multiply listed equity options, where capital in the options market in a more limiting the intervals between strikes there is less volume that is measured by efficient manner that removes when applying the strike interval table the average daily volume tiers. impediments to and perfect the to multiply listed equity options that Therefore, the lower the average daily mechanism of a free and open market have an expiration date more than volume, the greater the proposed spread and a national market system. The twenty-one days from the listing date. between strike intervals. Options classes Exchange also believes that this Strike Also, as Phlx’s Strike Interval Proposal with higher volume contain the most Interval Proposal would improve overall seeks to reduce the number of weekly liquid symbols and strikes, therefore the market quality on Phlx for the options that would be listed on its finer the proposed spread between protection of investors and the general market in later weeks, Market Makers strike intervals. Additionally, lower- public by limiting the intervals between would be required to quote in fewer priced shares have finer strike intervals strikes when applying the strike interval weekly strikes as a result of the Strike than higher-priced shares when table to multiply listed equity options Interval Proposal. Amending Phlx’s comparing the proposed spread between which have an expiration date more listing rules to limit the intervals strike intervals.33 than twenty-one days from the listing between strikes for multiply listed Beginning on the second trading day date. equity options that have an expiration in the first month of each calendar This Strike Interval Proposal is date more than twenty-one days causes quarter, the Average Daily Volume shall intended to be the first in a series of less disruption in the market as the be calculated by utilizing data from the proposals to limit the number of listed majority of the volume traded in weekly prior calendar quarter based on OCC options series listed on Phlx and other options exists in options series which Customer-cleared volume. Utilizing the Nasdaq affiliated markets. The Exchange have an expiration date of twenty-one second trading day allows the Exchange intends to decrease the overall number days or less. The Exchange’s Strike to accumulate data regarding OCC of strikes listed on Nasdaq exchanges in Interval Proposal curtails the number of Customer-cleared volume from the a methodical fashion in order that it strike intervals listed in series of options entire prior quarter. Beginning on the may monitor progress and feedback without reducing the number of classes second trading day would allow trades from its membership. While limiting the of options available for trading on Phlx. executed on the last day of the previous intervals between strikes listed is the The Strike Interval Proposal takes into calendar quarter to have settled 34 and goal of this rule change, Phlx’s Strike account customer demand for certain be accounted for in the calculation of Interval Proposal is intended to balance options classes by considering both the Average Daily Volume. Utilizing the that goal with the needs of market Share Price and the Average Daily previous three months is appropriate participants. The Exchange believes that Volume in the underlying security to because this time period would help varied strike intervals continue to offer arrive at the manner in which weekly reduce the impact of unusual trading market participants the ability to select strike intervals would be listed in the activity as a result of unique market the appropriate strike interval to meet later weeks for each multiply listed events, such as a corporate action (i.e., that market participant’s investment equity options class. The Exchange it would result in a more reliable objective. utilizes OCC Customer-cleared volume, measure of average daily trading volume as customer volume is an appropriate B. Self-Regulatory Organization’s than would a shorter period). Statement on Burden on Competition proxy for demand. The OCC Customer- This Strike Interval Proposal serves to cleared volume represents the majority respond to comments received from The Exchange does not believe that of options volume executed on the the proposed rule change will impose Exchange that, in turn, reflects the 33 The Exchange notes that is has discussed the any burden on competition that is not demands in the marketplace. The proposed strike intervals with various members. necessary or appropriate in furtherance options series listed on Phlx is intended The Exchange has gathered information regarding of the purposes of the Act. The Strike where trading in weeklies generally occurs to arrive Interval Proposal limits the number of to meet customer demand by offering an at the proposed strike intervals. 34 Options contracts settle one business day after Short Term Options Series strike 31 15 U.S.C. 78f(b). trade date. Strike listing determinations are made 32 15 U.S.C. 78f(b)(5). the day prior to the start of trading in each series. 35 See Options 2, Sections 4(j) and 5.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27927
intervals available for quoting and foregoing proposed rule change does Commission, and all written trading on Phlx for all Phlx Participants. not: (i) Significantly affect the communications relating to the While the current listing rules permit protection of investors or the public proposed rule change between the Phlx to list a number of weekly strikes interest; (ii) impose any significant Commission and any person, other than on its market, in an effort to encourage burden on competition; and (iii) become those that may be withheld from the Market Makers to deploy capital more operative for 30 days from the date on public in accordance with the efficiently, as well as improve displayed which it was filed, or such shorter time provisions of 5 U.S.C. 552, will be market quality, Phlx’s Strike Interval as the Commission may designate, it has available for website viewing and Proposal seeks to reduce the number of become effective pursuant to Section printing in the Commission’s Public weekly options that would be listed on 19(b)(3)(A)(iii) of the Act and Reference Room, 100 F Street NE, its market in later weeks, without subparagraph (f)(6) of Rule 19b–4 Washington, DC 20549, on official reducing the number of series or classes thereunder.38 business days between the hours of of options available for trading on Phlx. At any time within 60 days of the 10:00 a.m. and 3:00 p.m. Copies of the As Phlx’s Strike Interval Proposal seeks filing of the proposed rule change, the filing also will be available for to reduce the number of weekly options Commission summarily may inspection and copying at the principal that would be listed on its market in temporarily suspend such rule change if office of the Exchange. All comments later weeks, Market Makers would be it appears to the Commission that such received will be posted without change. required to quote in fewer weekly action is necessary or appropriate in the Persons submitting comments are strikes as a result of the Strike Interval public interest, for the protection of cautioned that we do not redact or edit Proposal. investors, or otherwise in furtherance of personal identifying information from The Exchange’s Strike Interval the purposes of the Act. If the comment submissions. You should Proposal, which is intended to decrease Commission takes such action, the submit only information that you wish the overall number of strikes listed on Commission shall institute proceedings to make available publicly. All Phlx, does not impose an undue burden to determine whether the proposed rule submissions should refer to File on intra-market competition as all should be approved or disapproved. Number SR–Phlx–2021–26, and should Participants may only transact options be submitted on or before June 14, 2021. in the strike intervals listed for trading IV. Solicitation of Comments Interested persons are invited to For the Commission, by the Division of on Phlx. While limiting the intervals of Trading and Markets, pursuant to delegated strikes listed on Phlx is the goal of this submit written data, views, and authority.39 arguments concerning the foregoing, Strike Interval Proposal, the goal J. Matthew DeLesDernier, continues to balance the needs of including whether the proposed rule Assistant Secretary. market participants by continuing to change is consistent with the Act. offer a number of strikes to meet a Comments may be submitted by any of [FR Doc. 2021–10846 Filed 5–21–21; 8:45 am] market participant’s investment the following methods: BILLING CODE 8011–01–P objective. Electronic Comments The Exchange’s Strike Interval SECURITIES AND EXCHANGE Proposal does not impose an undue • Use the Commission’s internet COMMISSION burden on inter-market competition as comment form (http://www.sec.gov/ this Strike Interval Proposal does not rules/sro.shtml); or • [Release No. 34–91918; File No. SR–ICC– impact the listings available at another Send an email to rule-comments@ 2021–008] self-regulatory organization. In fact, sec.gov. Please include File Number SR– Phlx is proposing to list a smaller Phlx–2021–26 on the subject line. Self-Regulatory Organizations; ICE amount of weekly equity options in an Paper Comments Clear Credit LLC; Order Approving effort to curtail the increasing number of • Proposed Rule Change Relating to the strikes that are required to be quoted by Send paper comments in triplicate ICC Risk Management Model market makers in the options industry. to Secretary, Securities and Exchange Description Other options markets may choose to Commission, 100 F Street NE, replicate the Exchange’s Strike Interval Washington, DC 20549–1090. May 18, 2021. Proposal and, thereby, further decrease All submissions should refer to File I. Introduction the overall number of strikes within the Number SR–Phlx–2021–26. This file On March 31, 2021, ICE Clear Credit options industry. number should be included on the subject line if email is used. To help the LLC (‘‘ICC’’) filed with the Securities C. Self-Regulatory Organization’s Commission process and review your and Exchange Commission Statement on Comments on the comments more efficiently, please use (‘‘Commission’’), pursuant to Section Proposed Rule Change Received From only one method. The Commission will 19(b)(1) of the Securities Exchange Act Members, Participants, or Others post all comments on the Commission’s of 1934 (the ‘‘Act’’) 1 and Rule 19b–4 2 No written comments were either internet website (http://www.sec.gov/ thereunder, a proposed rule change to solicited or received. rules/sro.shtml). Copies of the amend the ICC Risk Management Model submission, all subsequent Description (the ‘‘Model Description’’). III. Date of Effectiveness of the amendments, all written statements The proposed rule change was Proposed Rule Change and Timing for with respect to the proposed rule published for comment in the Federal Commission Action change that are filed with the Register on April 13, 2021.3 The The Exchange has filed the proposed 39 rule change pursuant to Section 38 In addition, Rule 19b–4(f)(6)(iii) requires the 17 CFR 200.30–3(a)(12). 19(b)(3)(A)(iii) 36 of the Act and Rule Exchange to give the Commission written notice of 1 15 U.S.C. 78s(b)(1). 2 19b–4(f)(6) thereunder.37 Because the its intent to file the proposed rule change at least 17 CFR 240.19b–4. five business days prior to the date of filing of the 3 Self-Regulatory Organizations; ICE Clear Credit proposed rule change, or such shorter time as LLC; Notice of Filing of Proposed Rule Change 36 15 U.S.C. 78s(b)(3)(A)(iii). designated by the Commission. The Exchange has Relating to the ICC Risk Management Model 37 17 CFR 240.19b–4(f)(6). satisfied this requirement. Continued
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27928 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
Commission did not receive comments (Subsection II.2.1), the proposed rule agreements, contracts, and transactions, regarding the proposed rule change. For change would specify that with respect as well as to assure the safeguarding of the reasons discussed below, the to long Index Option instruments, the securities and funds which are in the Commission is approving the proposed LC combined with the integrated spread custody or control of ICC or for which rule change. response requirement will not exceed it is responsible.12 the end-of-day option instrument price. As discussed above, the proposed rule II. Description of the Proposed Rule ICC represents that this amendment change would make various Change would reflect the maximum loss improvements to the Model Description. The purpose of the proposed rule condition, given that the maximum loss Specifically, the Commission believes change is to amend the Model would be the end-of-day option memorializing the annual review and Description. The changes would (i) instrument price.6 approval process for the Model memorialize the review and approval In the ‘‘Anti-Procyclicality Measures’’ Description should help to ensure that process of the Model Description; (ii) subsection (Subsection VII.5.3), the the Model Description is maintained enhance the liquidity charge proposed rule change would make and improved, as needed, following the methodology; and (iii) make other minor clarifications regarding the scenarios annual review. Moreover, unifying the clarifications.4 associated with extreme price decreases index LC with the single name and Index Option LC methodologies, by A. Review and Approval Process and extreme price increases. Specifically, the proposed rule change establishing the index series LC as the First, the proposed rule change would would clarify that the extreme price more conservative liquidity amend the ‘‘Initial Margin decrease and increase scenarios for requirement, should help to simplify the Methodology’’ section of the Model Index Options incorporate hypothetical methodology and ensure a consistent Description to memorialize the review forward price decreases and increases, application of the LC among all of the and approval process for the Model respectively. products that ICC clears. Specifying Description. As would be stated in the Finally, in respect of the maximum that, with respect to long Index Option amended Model Description, this loss condition, the proposed rule change instruments, the LC combined with the process would consist of review by the would update formulas related to the integrated spread response requirement ICC Risk Committee and review and final portfolio initial margin in the will not exceed the end-of-day option approval by the ICC Board of Managers ‘‘Portfolio Loss Boundary Condition’’ instrument price, to reflect the at least annually. section (Section IX) to reference the maximum loss condition, should clarify the limit of this requirement given that B. Enhanced Liquidity Charge portfolio level integrated spread the maximum loss would be the end-of- Methodology response. day option instrument price. Similarly, Second, the proposed rule change III. Discussion and Commission specifying that the extreme price would make an enhancement related to Findings decrease and increase scenarios for the index liquidity charge (‘‘LC’’) Section 19(b)(2)(C) of the Act directs Index Options incorporate hypothetical methodology. Specifically, the proposed the Commission to approve a proposed forward price decreases and increases rule change would revise the ‘‘Liquidity rule change of a self-regulatory and updating formulas related to the Charge for Index Risk Factors’’ organization if it finds that such final portfolio initial margin to reference subsection (Subsection II.2) to amend a proposed rule change is consistent with the portfolio level integrated spread formula for the index series LC. the requirements of the Act and the response, should clarify the applications Currently, to arrive at the index series rules and regulations thereunder of these requirements, helping to ensure LC, ICC takes into account the estimated applicable to such organization.7 After the consistent application of ICC’s risk LCs for the instruments that belong to careful review, the Commission finds methodology. the same index series and the sign of the Because ICC uses the Model that the proposed rule change is notional amount of the instrument. Description to derive initial margin and consistent with the requirements of the Under the proposed rule change, ICC guaranty fund requirements for its Act and the rules and regulations would establish the index series LC as Clearing Participants, the Commission thereunder applicable to ICC. In the more conservative liquidity believes the proposed rule change, by particular, the Commission finds that requirement associated with the sum of improving the Model Description, the proposed rule change is consistent the bought and sold protection position should improve ICC’s ability to derive with Section 17A(b)(3)(F) of the Act,8 LCs for the instruments that belong to such requirements. The Commission Rules 17Ad–22(e)(2)(i) and (v),9 Rule the same index series. ICC represents further believes the proposed rule 17Ad–22(e)(4)(ii),10 and Rule 17Ad– that this change would unify the index change should improve ICC’s ability to 22(e)(6)(i) thereunder.11 LC with the single name and credit manage the risks associated with default index swaption (‘‘Index A. Consistency With Section clearing transactions through Option’’) LC methodologies.5 17A(b)(3)(F) of the Act application of its initial margin and guaranty fund requirements, as set forth Section 17A(b)(3)(F) of the Act C. Additional Clarifications in the Model Description. Moreover, the requires, among other things, that the Finally, the proposed rule change Commission believes the risks rules of ICC be designed to promote the would make additional clarifications in associated with clearing transactions, if prompt and accurate clearance and the Model Description. In the ‘‘Liquidity not properly managed through the settlement of securities transactions Charge for Index Options’’ subsection collection of initial margin and guaranty and, to the extent applicable, derivative fund, could cause ICC to suffer losses Description, Exchange Act Release No. 91493 (April 6 which could inhibit its ability to clear 7, 2021), 86 FR 19316 (April 13, 2021) (‘‘Notice’’). Notice, 86 FR at 19317. 7 and settle transactions and assure the 4 This description is substantially excerpted from 15 U.S.C. 78s(b)(2)(C). 8 safeguarding of securities and funds. the Notice, 86 FR at 19316. Capitalized terms not 15 U.S.C. 78q–1(b)(3)(F). otherwise defined herein have the meanings 9 17 CFR 240.17Ad–22(e)(2)(i) and (v). Accordingly, the Commission believes assigned to them in the Model Description. 10 17 CFR 240.17Ad–22(e)(4)(ii). 5 Notice, 86 FR at 19317. 11 17 CFR 240.17Ad–22(e)(6)(i). 12 15 U.S.C. 78q–1(b)(3)(F).
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27929
that by improving the Model Requirement’’).17 As discussed above, believes the proposed rule change, in Description and, therefore, ICC’s ability the Commission believes the proposed improving the Model Description, to manage the risks associated with rule change should improve the Model should improve ICC’s ability to clearing transactions, the proposed rule Description by: (i) Memorializing the consider, and produce margin levels change should promote the prompt and annual review and approval process, commensurate with, the risks and accurate clearance and settlement of thereby helping to ensure that the particular attributes of each relevant securities transactions and assure the Model Description is maintained and product, portfolio, and market. For these safeguarding of securities and funds in improved; (ii) simplifying the reasons, the Commission finds that the ICC’s custody and control or for which methodology and ensuring a consistent proposed rule change is consistent with it is responsible, consistent with the application of the LC among all of the Rule 17Ad–22(e)(6)(i).20 Section 17A(b)(3)(F) of the Act.13 products that ICC clears; and (iii) clarifying the integrated spread response IV. Conclusion B. Consistency With Rules 17Ad– requirement, the extreme price decrease On the basis of the foregoing, the 22(e)(2)(i) and (v) and increase scenarios, and the final Commission finds that the proposed Rule 17Ad–22(e)(2)(i) requires that portfolio initial margin, helping to rule change is consistent with the ICC establish, implement, maintain and ensure the transparent and consistent requirements of the Act, and in enforce written policies and procedures application of ICC’s risk methodology. particular, with the requirements of reasonably designed to provide for ICC uses the Model Description to Section 17A(b)(3)(F) of the Act,21 Rules governance arrangements that are clear derive its guaranty fund requirements 17Ad–22(e)(2)(i) and (v) under the and transparent.14 Rule 17Ad– and thereby maintain financial Act,22 Rule 17Ad–22(e)(4)(ii) under the 22(e)(2)(v) requires that ICC establish, resources to meet its Cover 2 Act,23 and Rule 17Ad–22(e)(6)(i) under implement, maintain and enforce Requirement. The Commission therefore the Act.24 written policies and procedures believes the proposed rule change, in It is therefore ordered pursuant to 25 reasonably designed to provide for improving the Model Description, Section 19(b)(2) of the Act that the governance arrangements that specify should improve ICC’s ability to satisfy proposed rule change (SR–ICC–2021– 26 clear and direct lines of responsibility.15 its Cover 2 Requirement. 008) be, and hereby is, approved. As discussed above, the proposed rule For these reasons, the Commission For the Commission, by the Division of change would memorialize the process finds that the proposed rule change is Trading and Markets, pursuant to delegated consistent with Rules 17Ad– authority.27 for approval of the Model Description 18 (i.e., review by the ICC Risk Committee 22(e)(4)(ii). J. Matthew DeLesDernier, and review and approval by the ICC D. Consistency With Rule 17Ad– Assistant Secretary. Board at least annually). The 22(e)(6)(i) [FR Doc. 2021–10840 Filed 5–21–21; 8:45 am] Commission believes that this change Rule 17Ad–22(e)(6)(i) requires that BILLING CODE 8011–01–P should establish a governance ICC establish, implement, maintain and arrangement for review and approval of enforce written policies and procedures SECURITIES AND EXCHANGE the Model Description that is clear and reasonably designed to cover its credit COMMISSION transparent and that imposes a direct exposures to its participants by line of responsibility on the ICC Risk establishing a risk-based margin system [Release No. 34–91931; File No. SR– Committee and ICC Board. that, at a minimum, considers, and NASDAQ–2021–032] For this reason, the Commission finds produces margin levels commensurate that the proposed rule change is with, the risks and particular attributes Self-Regulatory Organizations; The consistent with Rules 17Ad–22(e)(2)(i) of each relevant product, portfolio, and Nasdaq Stock Market LLC; Notice of and (v).16 market.19 As discussed above, the Filing and Immediate Effectiveness of Commission believes the proposed rule Proposed Rule Change To Amend C. Consistency With Rule 17Ad– NOM Rules at Options 4, Section 5, 22(e)(4)(ii) change should improve the Model Description by: (i) Memorializing the ‘‘Series of Options Contracts Open for Rule 17Ad–22(e)(4)(ii) requires that annual review and approval process, Trading’’ To Limit Short Term Options ICC establish, implement, maintain and thereby helping to ensure that the Series Intervals Between Strikes enforce written policies and procedures Model Description is maintained and May 18, 2021. reasonably designed to effectively improved; (ii) simplifying the Pursuant to Section 19(b)(1) of the identify, measure, monitor, and manage methodology and ensuring a consistent Securities Exchange Act of 1934 its credit exposures to participants and application of the LC among all of the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 those arising from its payment, clearing, products that ICC clears; and (iii) notice is hereby given that on May 5, and settlement processes, including by clarifying the integrated spread response 2021, The Nasdaq Stock Market LLC maintaining additional financial requirement, the extreme price decrease (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the resources at the minimum to enable it and increase scenarios, and the final to cover a wide range of foreseeable portfolio initial margin, helping to 20 17 CFR 240.17Ad–22(e)(6)(i). stress scenarios that include, but are not ensure the transparent and consistent 21 15 U.S.C. 78q–1(b)(3)(F). limited to, the default of the two application of ICC’s risk methodology. 22 17 CFR 240.17Ad–22(e)(2)(i) and (v). participant families that would ICC uses the Model Description to 23 17 CFR 240.17Ad–22(e)(4)(ii). potentially cause the largest aggregate derive its margin requirements 24 17 CFR 240.17Ad–22(e)(6)(i). credit exposure for ICC in extreme but appropriately tailored to the risks 25 15 U.S.C. 78s(b)(2). plausible market conditions (‘‘Cover 2 presented by the products that ICC 26 In approving the proposed rule change, the Commission considered the proposal’s impact on clears. The Commission therefore efficiency, competition, and capital formation. 15 13 15 U.S.C. 78q–1(b)(3)(F). U.S.C. 78c(f). 14 17 CFR 240.17Ad–22(e)(2)(i). 17 17 CFR 240.17Ad–22(e)(4)(ii). 27 17 CFR 200.30–3(a)(12). 15 17 CFR 240.17Ad–22(e)(2)(v). 18 17 CFR 240.17Ad–22(e)(4)(ii). 1 15 U.S.C. 78s(b)(1). 16 17 CFR 240.17Ad–22(e)(2)(i) and (v). 19 17 CFR 240.17Ad–22(e)(6)(i). 2 17 CFR 240.19b–4.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27930 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
Securities and Exchange Commission Background approved for listing and trading on the (‘‘Commission’’) the proposed rule Today, NOM’s listing rules within Exchange, to open for trading series of change as described in Items I and II, Options 4, Section 5 permits the options therein. The Exchange may list below, which Items have been prepared Exchange, after a particular class of series of options for trading on a 6 7 8 by the Exchange. The Commission is options (call option contracts or put weekly, monthly or quarterly basis. publishing this notice to solicit option contracts relating to a specific Options 4, Section 5(d) sets forth the comments on the proposed rule change underlying stock, Exchange-Traded intervals between strike prices of series 9 from interested persons. Fund Share,4 or ETN 5) has been of options on individual stocks. In
I. Self-Regulatory Organization’s the payment at maturity, as described within Statement of the Terms of Substance of 4 Exchange-Traded Fund Share shall include shares or other securities that are traded on a Options 4, Section 3(l)(i)(1)–(6). See Options 4, the Proposed Rule Change national securities exchange and are defined as an Section 3(l)(i). 6 The Exchange proposes to amend The ‘‘NMS stock’’ under Rule 600 of Regulation NMS, The weekly listing program is known as the and that (i) represent interests in registered Short Term Options Series Program and is Nasdaq Options Market LLC (‘‘NOM’’) investment companies (or series thereof) organized described within Supplementary Material .03 of Rules at Options 4, Section 5, ‘‘Series of as open-end management investment companies, Options 4, Section 5. Options Contracts Open for Trading.’’ unit investment trusts or similar entities, that hold 7 The Exchange will open at least one expiration This proposal seeks to limit Short Term portfolios of securities and/or financial instruments month for each class of options open for trading on including, but not limited to, stock index futures the Exchange. See Options 4, Section 5(g). The Options Series intervals between strikes contracts, options on futures, options on securities monthly expirations are subject to certain listing which are available for quoting and and indexes, equity caps, collars and floors, swap criteria for underlying securities described within trading on NOM. agreements, forward contracts, repurchase Options 4, Section 3. Monthly listings expire the The text of the proposed rule change agreements and reverse repurchase agreements third Friday of the month. The term ‘‘expiration comprising or otherwise based on or representing date’’ when used in respect of a series of binary is available on the Exchange’s website at investments in broad-based indexes or portfolios of options other than event options means the last day https://listingcenter.nasdaq.com/ securities and/or Financial Instruments and Money on which the options may be automatically rulebook/nasdaq/rules, at the principal Market Instruments (the ‘‘Money Market exercised. In the case of a series of event options office of the Exchange, and at the Instruments’’) (or that hold securities in one or (other than credit default options or credit default more other registered investment companies that basket options) that are be automatically exercised Commission’s Public Reference Room. themselves hold such portfolios of securities and/ prior to their expiration date upon receipt by the or Financial Instruments and Money Market Corporation of an event confirmation, the II. Self-Regulatory Organization’s Instruments (ii) Represent interests in a trust or expiration date is the date specified by the listing Statement of the Purpose of, and similar entity that holds a specified non- U.S. Exchange; provided, however, that when an event Statutory Basis for, the Proposed Rule currency or currencies deposited with the trust or confirmation is deemed to have been received by Change similar entity when aggregated in some specified the Corporation with respect to such series of minimum number may be surrendered to the trust options, the expiration date will be accelerated to In its filing with the Commission, the by the beneficial owner to receive the specified the date on which such event confirmation is Exchange included statements non-U.S. currency or currencies and pays the deemed to have been received by the Corporation beneficial owner interest and other distributions on or such later date as the Corporation may specify. concerning the purpose of and basis for the deposited non-U.S. currency or currencies, if In the case of a series of credit default options or the proposed rule change and discussed any, declared and paid by the trust (‘‘Currency credit default basket options, the expiration date is any comments it received on the Trust Shares’’), (iii) represent commodity pool the fourth business day after the last trading day for proposed rule change. The text of these interests principally engaged, directly or indirectly, such series as such trading day is specified by the in holding and/or managing portfolios or baskets of Exchange on which the series of options is listed; statements may be examined at the securities, commodity futures contracts, options on provided, however, that when an event places specified in Item IV below. The commodity futures contracts, swaps, forward confirmation is deemed to have been received by Exchange has prepared summaries, set contracts and/or options on physical commodities the Corporation with respect to a series of credit forth in sections A, B, and C below, of and/or non-U.S. currency (‘‘Commodity Pool default options or single payout credit default ETFs’’), (iv) represent interests in the SPDR® Gold basket options prior to the last trading day for such the most significant aspects of such Trust, the iShares COMEX Gold Trust, the iShares series, the expiration date for options of that series statements. Silver Trust, the ETFS Gold Trust, the ETFS Silver will be accelerated to the second business day Trust, the ETFS Palladium Trust, the ETFS following the day on which such event A. Self-Regulatory Organization’s Platinum Trust or the Sprott Physical Gold Trust or confirmation is deemed to have been received by Statement of the Purpose of, and (v) represents an interest in a registered investment the Corporation. ‘‘Expiration date’’ means, in Statutory Basis for, the Proposed Rule company (‘‘Investment Company’’) organized as an respect of a series of range options expiring prior open-end management company or similar entity, to February 1, 2015, the Saturday immediately Change that invests in a portfolio of securities selected by following the third Friday of the expiration month the Investment Company’s investment adviser of such series, and, in respect of a series of range 1. Purpose consistent with the Investment Company’s options expiring on or after February 1, 2015 means The Exchange proposes to amend investment objectives and policies, which is issued the third Friday of the expiration month of such Options 4, Section 5, ‘‘Series of Options in a specified aggregate minimum number in return series, or if such Friday is a day on which the for a deposit of a specified portfolio of securities Exchange on which such series is listed is not open Contracts Open for Trading.’’ and/or a cash amount with a value equal to the next for business, the preceding day on which such Specifically, this proposal seeks to limit determined net asset value (‘‘NAV’’), and when Exchange is open for business. See The Options the intervals between strikes for aggregated in the same specified minimum number, Clearing Corporation (‘‘OCC’’) By-Laws at Section 1. 8 multiply listed equity options classes may be redeemed at a holder’s request, which The quarterly listing program is known as the holder will be paid a specified portfolio of Quarterly Options Series Program and is described within the Short Term Options Series securities and/or cash with a value equal to the next within Supplementary Material .04 of Options 4, program that have an expiration date determined NAV (‘‘Managed Fund Share’’); Section 5. more than twenty-one days from the provided the conditions within Options 4, Section 9 Except as otherwise provided in the listing date. This proposal is identical to 3(i)(A) and (B) are met. See Options 4, Section 3(i). Supplementary Material of Options 4, Section 5, the 5 interval between strike prices of series of options 3 Securities deemed appropriate for options a proposal by Nasdaq BX, Inc. trading shall include shares or other securities on individual stocks will be: (1) $2.50 or greater (‘‘Equity Index-Linked Securities,’’ ‘‘Commodity- where the strike price is $25.00 or less; (2) $5.00 3 See Securities Exchange Act Release No. 91125 Linked Securities,’’ ‘‘Currency-Linked Securities,’’ or greater where the strike price is greater than (February 12, 2021), 86 FR 10375 (February 19, ‘‘Fixed Income Index-Linked Securities,’’ ‘‘Futures- $25.00; and (3) $10.00 or greater where the strike 2021) (SR–BX–2020–032) (Notice of Filing of Linked Securities,’’ and ‘‘Multifactor Index-Linked price is greater than $200.00. Amendment No. 1 and Order Granting Accelerated Securities,’’ collectively known as ‘‘Index- Linked The interval between strike prices of series of Approval of Proposed Rule Change, as Modified by Securities’’ or ‘‘ETNs’’) that are principally traded options on Exchange-Traded Fund Shares approved Amendment No. 1, To Amend Options 4, Section on a national securities exchange and an ‘‘NMS for options trading pursuant to Section 3(i) of this 5, To Limit Short Term Options Series Intervals Stock’’ (as defined in Rule 600 of Regulation NMS Options 4 shall be fixed at a price per share which Between Strikes That Are Available for Quoting and under the Securities Exchange Act of 1934), and is reasonably close to the price per share at which Trading on BX). represent ownership of a security that provides for the underlying security is traded in the primary
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27931
addition to those intervals, the Series expire (‘‘Short Term Option or greater where the strike price is less Exchange may list series of options Expiration Dates’’), provided an option than $100, and $1 or greater where the pursuant to the $1 Strike Price Interval class has been approved for listing and strike price is between $100 and $150 Program,10 the $0.50 Strike Program,11 trading on the Exchange.14 Today, the for all option classes that participate in the $2.50 Strike Price Program,12 and Exchange may open up to thirty initial the Short Term Options Series Program; the $5 Strike Program.13 series for each option class that (ii) $0.50 for option classes that trade in The Exchange’s proposal seeks to participates in the Short Term Option one dollar increments and are in the amend the listing of weekly series of Series Program.15 Further, if the Short Term Option Series Program; or options as proposed within new Exchange opens less than thirty (30) (iii) $2.50 or greater where the strike Supplementary Material .03(f) of Short Term Option Series for a Short price is above $150. During the month Options 4, Section 5, by limiting the Term Option Expiration Date, additional prior to expiration of an option class intervals between strikes in multiply series may be opened for trading on the that is selected for the Short Term listed equity options, excluding Exchange when the Exchange deems it Option Series Program (‘‘Short Term Exchange-Traded Fund Shares and necessary to maintain an orderly Option’’), the strike price intervals for ETNs, that have an expiration date more market, to meet customer demand or the related non-Short Term Option than twenty-one days from the listing when the market price of the underlying (‘‘Related non-Short Term Option’’) date. This proposal does not amend security moves substantially from the shall be the same as the strike price monthly or quarterly listing rules nor exercise price or prices of the series intervals for the Short Term Option.17 does it amend the $1 Strike Price already opened.16 The Exchange may select up to fifty Interval Program, the $0.50 Strike The Exchange may open for trading currently listed option classes on which Program, the $2.50 Strike Price Program, Short Term Option Series on the Short Short Term Option Series may be or the $5 Strike Program. Term Option Opening Date that expire on the Short Term Option Expiration opened on any Short Term Option Short Term Options Series Program Date at strike price intervals of (i) $0.50 Opening Date. In addition to the fifty Today, Supplementary Material .03 of option class restriction, the Exchange Options 4, Section 5 permits NOM to 14 The Exchange may have no more than a total may also list Short Term Option Series open for trading on any Thursday or of five Short Term Option Expiration Dates, not on any option classes that are selected including any Monday or Wednesday SPY by other securities exchanges that Friday that is a business day (‘‘Short Expirations as provided below. If the Exchange is Term Option Opening Date’’) series of employ a similar program under their not open for business on the respective Thursday respective rules. For each option class options on an option class that expires or Friday, the Short Term Option Opening Date will at the close of business on each of the be the first business day immediately prior to that eligible for participation in the Short respective Thursday or Friday. Similarly, if the Term Option Series Program, the next five Fridays that are business days Exchange is not open for business on a Friday, the and are not Fridays in which monthly Exchange may open up to thirty Short Short Term Option Expiration Date will be the first Term Option Series for each expiration options series or Quarterly Options business day immediately prior to that Friday. With respect to Wednesday SPY Expirations, the date in that class. The Exchange may market at or about the same time such series of Exchange may open for trading on any Tuesday or also open Short Term Option Series that options is first open for trading on the Exchange, Wednesday that is a business day series of options are opened by other securities or at such intervals as may have been established on the SPDR S&P 500 ETF Trust (SPY) to expire on exchanges in option classes selected by any Wednesday of the month that is a business day on another options exchange prior to the initiation such exchanges under their respective of trading on the Exchange. and is not a Wednesday in which Quarterly Options Series expire (‘‘Wednesday SPY Expirations’’). With short term option rules.18 Pursuant to Options 4, Section 5(e), respect to Monday SPY Expirations, the Exchange notwithstanding any other provision regarding the may open for trading on any Friday or Monday that NOM notes that listings in the weekly interval of strike prices of series of options on is a business day series of options on the SPY to program comprise a significant part of Exchange-Traded Fund Shares in this rule, the expire on any Monday of the month that is a the standard listing in options markets. interval of strike prices on SPDR® S&P 500® ETF business day and is not a Monday in which (‘‘SPY’’), iShares Core S&P 500 ETF (‘‘IVV’’), The below diagrams demonstrate the Quarterly Options Series expire (‘‘Monday SPY PowerShares QQQ Trust (‘‘QQQ’’), iShares Russell percentage of weekly listings as Expirations’’), provided that Monday SPY 2000 Index Fund (‘‘IWM’’), and the SPDR® Dow compared to Long-Term Option Series ® Expirations that are listed on a Friday must be Jones Industrial Average ETF (‘‘DIA’’) options will listed at least one business week and one business or LEAPs and quarterly listings in 2015 be $1 or greater. day prior to the expiration. The Exchange may list as compared to 2020. The weekly strikes 10 The $1 Strike Interval Program is described up to five consecutive Wednesday SPY Expirations increased 8.9% compound annual within Supplementary Material .01 of Options 4, and five consecutive Monday SPY Expirations at Section 5. one time; the Exchange may have no more than a growth rate (‘‘CAGR’’) from 2015 as 11 The $0.50 Strike Interval Program is described total of five Wednesday SPY Expirations and a total compared to a 4.3% CAGR for standard within Supplementary Material .05 of Options 4, of five Monday SPY Expirations. Monday and expirations using 3rd 2015 Friday Section 5. Wednesday SPY Expirations will be subject to the expirations. 12 The $2.50 Strike Interval Program is described provisions of this Rule. See Supplementary Material BILLING CODE 8011–01–P within Supplementary Material .02 of Options 4, .03 of Options 4, Section 5. Section 5. 15 See Supplementary Material .03 of Options 4, 17 See Options 4, Section 5(e). 13 The $5.00 Strike Interval Program is described Section 5(c). 18 within Supplementary Material .06 of Options 4, 16 See Supplementary Material .03 of Options 4, See Supplementary Material .03(a) of Options Section 5. Section 5(d). 4, Section 5.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27932 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
2015:
WKL
STD
2020:
WKL
STD
BILLING CODE 8011–01–C Strike Interval Proposal would limit the when the Exchange deems it necessary Proposal intervals between strikes by utilizing the to maintain an orderly market, to meet NOM proposes to limit the intervals table proposed within Supplementary customer demand or when the market between strikes in options listed as part Material .07 of Options 4, Section 5. price of the underlying security moves of the Short Term Option Series With the Strike Interval Proposal, NOM substantially from the exercise price or Program that have an expiration date would limit intervals between strikes for prices of the series already opened. As more than twenty-one days from the expiration dates of option series beyond a result, the Exchange would not be able listing date, by adopting proposed twenty-one days utilizing the below to utilize the rule text within Supplementary Material .03(f) of three-tiered table which considers both Supplementary Material .03(d) to permit Options 4, Section 5 as well as proposed the share price and average daily additional series to be opened for Supplementary Material .07 of Options volume for the option series.19 The trading on NOM which have an 4, Section 5, with respect to listing below table indicates the applicable expiration date more than twenty-one Short Term Option Series in equity strike intervals and would supersede days from the listing date despite the options, excluding Exchange-Traded Supplementary Material .03(d) which noted circumstances when such Fund Shares and ETNs) (collectively currently permits additional series to be additional series could otherwise be ‘‘Strike Interval Proposal’’). NOM’s opened for trading on the Exchange added.
Share price Tier Average daily volume $25 to less $75 to less $150 to less $500 or Less than $25 than $75 than $150 than $500 greater
1 ...... Greater than 5,000...... $0.50 $1.00 $1.00 $5.00 $5.00 2 ...... Greater than 1,000 to 5,000 ...... 1.00 1.00 1.00 5.00 10.00
19 Additional information comparing the current https://www.nasdaq.com/solutions/bx-options- listing program to this proposal is available at: strike-proliferation-proposal.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES EN24MY21.008 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27933
Share price Tier Average daily volume $25 to less $75 to less $150 to less $500 or Less than $25 than $75 than $150 than $500 greater
3 ...... 0 to 1,000 ...... 2.50 5.00 5.00 5.00 10.00
The Share Price would be the closing investors. During this period of another method to consume similar price on the primary market on the last deferment the price of the underlying information as NOM is posting to its day of the calendar quarter. This value would have an opportunity to settle website. would be used to derive the column based on the price discovery that has In the event of a corporate action, the from which to apply strike intervals occurred in the primary market. An Share Price of the surviving company throughout the next calendar quarter. options class that represents a newly would be utilized. These metrics are The Average Daily Volume would be the listed primary security may fluctuate in intended to align expectations for total number of options contracts traded price after its initial listing; such determining which strike intervals will in a given security for the applicable volatility reflects a natural uncertainty be utilized. Finally, notwithstanding the calendar quarter divided by the number about the security. Also, NOM would limitations imposed by Options 4, of trading days in the applicable have the ability to list as many strikes Section 5 at proposed Supplementary calendar quarter. Beginning on the as are permissible for the Short Term Material .07, this Strike Interval second trading day in the first month of Options Series once the expiry is within Proposal does not amend the range of each calendar quarter, the Average Daily twenty-one days. Short Term Options strikes that may be listed pursuant to Volume shall be calculated by utilizing Series which have an expiration date Options 4, Section 5 at Supplementary data from the prior calendar quarter less than twenty-one days from the Material .03, regarding the Short Term based on Customer-cleared volume at listing date are not subject to the Option Series Program. OCC. For options listed on the first curtailment, thereby allowing NOM to By way of example, if the Share Price trading day of a given calendar quarter, list additional, and potentially for a symbol was $142 at the end of a the Average Daily Volume shall be narrower, strikes in the event of market calendar quarter, with an Average Daily calculated using the calendar quarter volatility or other market events. Volume greater than 5,000, thereby, prior to the last trading calendar NOM proposes to make publically requiring strike intervals to be listed quarter.20 Under current rules, if the available a report on a quarterly basis $1.00 apart, that strike interval would Exchange is not open for business on which indicates, for each Short Term apply for the calendar quarter, the respective Thursday or Friday, the Options Series eligible to be listed regardless of whether the Share Price Short Term Option Opening Date will under proposed Supplementary changed to greater than $150 during that be the first business day immediately Material .07 of Options 4, Section 5, the calendar quarter.24 prior to that respective Thursday or applicable tiering of the underlying, The proposed table within Friday, as is the case today for STOs as which includes the closing price of the Supplementary Material .07 of Options specified within Supplementary .03 to underlying, and the average daily 4, Section 5 takes into account the Options 4, Section 5. customer volume of the option in that notional value of a security, as well as The Exchange proposes that Short underlying.22 The average daily Average Daily Volume in the underlying Term Options Series that are newly customer volume data will be sourced stock, in order to limit the intervals eligible for listing pursuant to Options from OCC. The closing price of the between strikes in the Short Term 4, Section 3(a) will not be subject to this underlying will be sourced from the Options listing program. NOM would proposed Supplementary .07 until after closing prices for Tape A, B and C utilize OCC Customer-cleared volume, the end of the first full calendar quarter securities published by the UTP and as customer volume is an appropriate following the date the option class was CTA/CQ Plans. NOM will produce the proxy for demand. The OCC Customer- first listed for trading on any options report by the close of business on the cleared volume represents the majority market.21 The Exchange would be first trading day of the quarter.23 The of options volume executed on the permitted to list options on newly Exchange notes that the report will be Exchange that, in turn, reflects the eligible listings, without any posted on NOM’s website on the first demand in the marketplace. The options curtailment in strike intervals, until the day of a new quarter to support listing series listed on NOM are intended to end of the first full quarter after they decisions, pursuant to the Short Term meet customer demand by offering an were listed. NOM’s proposal would Options Series Program, for the most appropriate number of strikes. Non- thereby permit NOM to add strikes to recent listing within the Short Term Customer cleared OCC volume meet customer demand in the options Options Program. The report will be represents the supply side. The strike class. By deferring the curtailment until based on information that NOM will intervals for listing strikes in certain after the end of the first full calendar obtain as described herein. This options are intended to remove quarter, additional information on the information is available to other options repetitive and unnecessary strike underlying security would be available markets and is being made available by listings across the weekly expiries. to market participants and public NOM to provide consistency and relieve NOM’s Strike Interval Proposal seeks to administrative burdens on other options reduce the number of strikes in the 20 For example, options listed as of January 4, markets. Other exchanges may elect to furthest weeklies, where there exist 2021 would be calculated on January 5, 2021 using utilize ISE’s report to validate their own the Average Daily Volume from July 1, 2020 to wider markets and therefore lower September 30, 2020. information or they may otherwise elect 21 For example, if an options became newly 24 The Exchange notes that any limits on intervals eligible for listing pursuant to Options 4, Section 3 22 ISE will make this information available on imposed by the Exchange’s Rules will continue to on March 1, 2021, the first full quarterly lookback ISE’s website. This information will be freely- apply. In this example, the strikes would be in $1 would be available on July 1, 2021. This option accessible to the public. intervals up to $150, which is the upper limit would become subject to the curtailment on July 2, 23 OCC data becomes available for the end of a imposed by Supplementary Material .03(e) of 2021. quarter on the first trading day of a new quarter. Options 4, Section 5.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27934 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
market quality. Below are two tables demonstrate average spreads in weekly options during the month of August which focus on data for 10 of the most 2020. and least actively traded symbols 25 and BILLING CODE 8011–01–P
August 2020 Average Daily Spread by Expiration (aggregated by series)
AAPL
TSLA
MSFT
AMO
NRG
RACE
CYH
NAV
.JBL
3. s 4 s Weeks to expiration
The proposed table within therefore the finer the proposed spread of options available for trading on NOM. Supplementary Material .07 of Options between strike intervals. Additionally, Short Term Options Series with an 4, Section 5 is intended to distribute lower-priced shares have finer strike expiration date greater than twenty-one strike intervals in multiply listed equity intervals than higher-priced shares days from the listing date equates to options where there is less volume as when comparing the proposed spread 7.5% of the total number of strikes in measured by the Average Daily Volume between strike intervals.26 the options market, which equals 81,000 tiers. Therefore, the lower the Average Today, weeklies are available on 16% strikes.27 This proposal would result in Daily Volume, the greater the proposed of underlying products. The Exchange’s the curtailment of approximately 20,000 spread between strike intervals. Options Strike Interval Proposal curtails the strikes within the Short Term Options classes with higher volume contain the density of strike intervals listed in series Series which is 2% of the total strikes most liquid symbols and strikes, of options, without reducing the classes in the options markets.28
25 The table represents stock in the following The Exchange has gathered information regarding of and total number of strikes, are approximations securities: Apple, Tesla, Microsoft Corporation, where trading in weeklies generally occurs to arrive and may vary slightly at the time of this filing. Advanced Micro Devices, Inc., Bank of America at the proposed strike intervals. 28 This information was derived from information Corp., NRG Energy Inc., Ferrari NV, Community 27 The Exchange notes that this proposal is an from the time period from January 2020 through Health Systems Inc., Navistar International Corp, initial attempt at reducing strikes and anticipates May 2020. and Jabil Inc. filing additional proposals to continue reducing 26 The Exchange notes that is has discussed the strikes. The above-referenced data, specifically the proposed strike intervals with various members. percentage of underlying products and percentage
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES EN24MY21.009 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27935
# c,J dhst.inctproduct• ~ith/wijthoutweeldy expJ,-ation•
8.Noweefdy·~ ■ Weekly~
3500·
500
.January2020· February.2020 .. March 2020 April:2:020
l/1f.¥21ll/25P,O·. 2/9/21l ·~4/20'3/10/20$/25/204/9/20. 4/24/20· 5/91.20 · '!i/24/20 Date
The above table represents the NOM’s Strike Interval Proposal majority of strikes reside within equity inconsistency of demand for series of focuses on strikes in multiply listed options. options beyond twenty-one calendar equity options, and excludes Exchange- days. Traded Fund Shares and ETNs, as the
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES EN24MY21.010 27936 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
Strike and Open Interest for Stock Weekly Serie
BILLING CODE 8011–01–C needs,29 rendering these strikes less intervals between strikes in multiply While the current listing rules permit useful. listed equity options that have an NOM to list a number of weekly strikes This Strike Interval Proposal serves to expiration date more than twenty-one on its market, in an effort to encourage respond to comments received from days, from the listing date. Market Makers to deploy capital more industry members with respect to the This Strike Interval Proposal is efficiently, as well as improve displayed increasing number of strikes that are intended to be the first in a series of market quality, NOM’s Strike Interval required to be quoted by market makers proposals to limit the number of listed Proposal reduces the number of listed in the options industry. NOM requires options series listed on NOM and other Lead Market Makers and Market Makers Nasdaq affiliated markets. The Exchange weekly options. As NOM’s Strike to quote a certain amount of time in the intends to decrease the overall number Interval Proposal seeks to reduce the trading day in their assigned options of strikes listed on Nasdaq exchanges in number of weekly options that would be series to maintain liquidity in the a methodical fashion, so that it may listed on its market in later weeks, market.30 With an increasing number of monitor progress and feedback from its Market Makers would be required to strikes being listed across options membership. While limiting the quote in fewer weekly strikes as a result exchanges, Market Makers must expend intervals between listed strikes is the of the Strike Interval Proposal. their capital to ensure that they have the goal of this rule change, NOM’s Strike Specifically, the Strike Interval Proposal appropriate infrastructure to meet their Interval Proposal is intended to balance aims to reduce the density of strike quoting obligations on all options that goal with the needs of market intervals that would be listed in later markets in which they are assigned in participants. NOM believes that various weeks, by creating limitations for options series. The Exchange believes strike intervals continue to offer market intervals between strikes which have an that this Strike Interval Proposal would participants the ability to select the expiration date more than twenty-one limit the intervals between strikes, appropriate strike interval to meet that days from the listing date. The table reducing the number of strikes listed on market participant’s investment takes into account customer demand for NOM, and thereby allow Lead Market objective. certain options classes, by considering Makers and Market Makers to expend Implementation both the Share Price and the Average their capital in the options market in a The Exchange intends to begin Daily Volume, to arrive at the manner more efficient manner. Due to this implementation of the proposed rule which weekly strike intervals may be increased efficiency, the Exchange believes that this Strike Interval change on July 1, 2021. The Exchange listed. The intervals for listing strikes in will issue an Options Trader Alert to equity options is intended to remove Proposal would improve overall market quality on NOM by limiting the Participants to provide notification of certain strike intervals where there exist the implementation date. clusters of strikes whose characteristics 29 For example, two strikes that are densely 2. Statutory Basis closely resemble one another and, clustered may have the same risk properties and therefore, do not serve different trading may also be the same percentage out-of-the money. The Exchange believes that its 30 See Options 2, Sections 4(j) and 5. proposal is consistent with Section 6(b)
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES EN24MY21.011 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27937
of the Act,31 in general, and furthers the offering an appropriate number of industry members with respect to the objectives of Section 6(b)(5) of the Act,32 strikes. Non-Customer cleared OCC increasing number of strikes that are in particular, in that it is designed to volume represents the supply side. required to be quoted by market makers promote just and equitable principles of The Strike Interval Proposal for listing in the options industry. Today, NOM trade, to remove impediments to and strikes in certain multiply listed equity requires Lead Market Makers and perfect the mechanism of a free and options is intended to remove certain Market Makers to quote a certain open market and a national market strikes where there exist clusters of amount of time in the trading day in system, and, in general to protect strikes whose characteristics closely their assigned due options series to investors and the public interest. The resemble one another and, therefore, do maintain liquidity in the market.35 With Strike Proposal seeks to limit the not serve different trading needs that an increasing number of strikes due to intervals between strikes listed in the renders the strikes less useful and tighter intervals being listed across Short Term Options Series program that thereby protects investors and the options exchanges, Market Makers must have an expiration date more than general public by removing an expend their capital to ensure that they twenty-one days. While the current abundance of unnecessary choices for have the appropriate infrastructure to listing rules permit NOM to list a an options series, while also improving meet their quoting obligations on all number of weekly strikes on its market, market quality. NOM’s Strike Interval options markets in which they are the Exchange’s Strike Interval Proposal Proposal seeks to reduce the number of assigned in options series. The removes impediments to and perfects strikes in the furthest weeklies, where Exchange believes that this Strike the mechanism of a free and open there exist wider markets, and, Interval Proposal would limit the market and a national market system by therefore, lower market quality. The intervals between strikes listed on NOM encouraging Market Makers to deploy implementation of the proposed table is and thereby allow Lead Market Makers capital more efficiently and improving intended to spread strike intervals in and Market Makers to expend their market quality overall on NOM through multiply listed equity options, where capital in the options market in a more limiting the intervals between strikes there is less volume that is measured by efficient manner that removes when applying the strike interval table the average daily volume tiers. impediments to and perfect the to multiply listed equity options that Therefore, the lower the average daily mechanism of a free and open market have an expiration date more than volume, the greater the proposed spread and a national market system. The twenty-one days from the listing date. between strike intervals. Options classes Exchange also believes that this Strike Also, as NOM’s Strike Interval Proposal with higher volume contain the most Interval Proposal would improve overall seeks to reduce the number of weekly liquid symbols and strikes, therefore the market quality on NOM for the options that would be listed on its finer the proposed spread between protection of investors and the general market in later weeks, Market Makers strike intervals. Additionally, lower- public by limiting the intervals between would be required to quote in fewer priced shares have finer strike intervals strikes when applying the strike interval weekly strikes as a result of the Strike than higher-priced shares when table to multiply listed equity options Interval Proposal. Amending NOM’s comparing the proposed spread between which have an expiration date more listing rules to limit the intervals strike intervals.33 than twenty-one days from the listing between strikes for multiply listed Beginning on the second trading day date. equity options that have an expiration in the first month of each calendar This Strike Interval Proposal is date more than twenty-one days causes quarter, the Average Daily Volume shall intended to be the first in a series of less disruption in the market as the be calculated by utilizing data from the proposals to limit the number of listed majority of the volume traded in weekly prior calendar quarter based on OCC options series listed on NOM and other options exists in options series which Customer-cleared volume. Utilizing the Nasdaq affiliated markets. The Exchange have an expiration date of twenty-one second trading day allows the Exchange intends to decrease the overall number days or less. The Exchange’s Strike to accumulate data regarding OCC of strikes listed on Nasdaq exchanges in Interval Proposal curtails the number of Customer-cleared volume from the a methodical fashion in order that it strike intervals listed in series of options entire prior quarter. Beginning on the may monitor progress and feedback without reducing the number of classes second trading day would allow trades from its membership. While limiting the of options available for trading on NOM. executed on the last day of the previous intervals between strikes listed is the The Strike Interval Proposal takes into calendar quarter to have settled 34 and goal of this rule change, NOM’s Strike account customer demand for certain be accounted for in the calculation of Interval Proposal is intended to balance options classes by considering both the Average Daily Volume. Utilizing the that goal with the needs of market Share Price and the Average Daily previous three months is appropriate participants. The Exchange believes that Volume in the underlying security to because this time period would help varied strike intervals continue to offer arrive at the manner in which weekly reduce the impact of unusual trading market participants the ability to select strike intervals would be listed in the activity as a result of unique market the appropriate strike interval to meet later weeks for each multiply listed events, such as a corporate action (i.e., that market participant’s investment equity options class. The Exchange it would result in a more reliable objective. utilizes OCC Customer-cleared volume, measure of average daily trading volume as customer volume is an appropriate B. Self-Regulatory Organization’s than would a shorter period). Statement on Burden on Competition proxy for demand. The OCC Customer- This Strike Interval Proposal serves to cleared volume represents the majority respond to comments received from The Exchange does not believe that of options volume executed on the the proposed rule change will impose Exchange that, in turn, reflects the 33 The Exchange notes that is has discussed the any burden on competition that is not demands in the marketplace. The proposed strike intervals with various members. necessary or appropriate in furtherance options series listed on NOM is The Exchange has gathered information regarding of the purposes of the Act. The Strike where trading in weeklies generally occurs to arrive Interval Proposal limits the number of intended to meet customer demand by at the proposed strike intervals. 34 Options contracts settle one business day after Short Term Options Series strike 31 15 U.S.C. 78f(b). trade date. Strike listing determinations are made 32 15 U.S.C. 78f(b)(5). the day prior to the start of trading in each series. 35 See Options 2, Sections 4(j) and 5.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27938 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
intervals available for quoting and 19b–4(f)(6) thereunder.37 Because the with respect to the proposed rule trading on NOM for all NOM foregoing proposed rule change does change that are filed with the Participants. While the current listing not: (i) Significantly affect the Commission, and all written rules permit NOM to list a number of protection of investors or the public communications relating to the weekly strikes on its market, in an effort interest; (ii) impose any significant proposed rule change between the to encourage Market Makers to deploy burden on competition; and (iii) become Commission and any person, other than capital more efficiently, as well as operative for 30 days from the date on those that may be withheld from the improve displayed market quality, which it was filed, or such shorter time public in accordance with the NOM’s Strike Interval Proposal seeks to as the Commission may designate, it has provisions of 5 U.S.C. 552, will be reduce the number of weekly options become effective pursuant to Section available for website viewing and that would be listed on its market in 19(b)(3)(A)(iii) of the Act and printing in the Commission’s Public later weeks, without reducing the subparagraph (f)(6) of Rule 19b–4 Reference Room, 100 F Street NE, number of series or classes of options thereunder.38 Washington, DC 20549, on official available for trading on NOM. As At any time within 60 days of the business days between the hours of NOM’s Strike Interval Proposal seeks to filing of the proposed rule change, the 10:00 a.m. and 3:00 p.m. Copies of the reduce the number of weekly options Commission summarily may filing also will be available for that would be listed on its market in temporarily suspend such rule change if inspection and copying at the principal later weeks, Market Makers would be it appears to the Commission that such office of the Exchange. All comments required to quote in fewer weekly action is necessary or appropriate in the received will be posted without change. strikes as a result of the Strike Interval public interest, for the protection of Persons submitting comments are Proposal. investors, or otherwise in furtherance of cautioned that we do not redact or edit The Exchange’s Strike Interval the purposes of the Act. If the personal identifying information from Proposal, which is intended to decrease Commission takes such action, the comment submissions. You should the overall number of strikes listed on Commission shall institute proceedings submit only information that you wish NOM, does not impose an undue to determine whether the proposed rule to make available publicly. All burden on intra-market competition as should be approved or disapproved. submissions should refer to File Number SR–NASDAQ–2021–032, and all Participants may only transact IV. Solicitation of Comments options in the strike intervals listed for should be submitted on or before June trading on NOM. While limiting the Interested persons are invited to 14, 2021. intervals of strikes listed on NOM is the submit written data, views, and For the Commission, by the Division of goal of this Strike Interval Proposal, the arguments concerning the foregoing, Trading and Markets, pursuant to delegated goal continues to balance the needs of including whether the proposed rule authority.39 market participants by continuing to change is consistent with the Act. J. Matthew DeLesDernier, offer a number of strikes to meet a Comments may be submitted by any of Assistant Secretary. market participant’s investment the following methods: [FR Doc. 2021–10845 Filed 5–21–21; 8:45 am] objective. Electronic Comments BILLING CODE 8011–01–P The Exchange’s Strike Interval • Use the Commission’s internet Proposal does not impose an undue comment form (http://www.sec.gov/ burden on inter-market competition as SECURITIES AND EXCHANGE rules/sro.shtml); or COMMISSION this Strike Interval Proposal does not • Send an email to rule-comments@ impact the listings available at another sec.gov. Please include File Number SR– [Release No. 34–91922; File No. SR–ICC– self-regulatory organization. In fact, NASDAQ–2021–032 on the subject line. 2021–014] NOM is proposing to list a smaller amount of weekly equity options in an Paper Comments Self-Regulatory Organizations; ICE effort to curtail the increasing number of • Send paper comments in triplicate Clear Credit LLC; Notice of Filing and strikes that are required to be quoted by to Secretary, Securities and Exchange Immediate Effectiveness of Proposed market makers in the options industry. Commission, 100 F Street NE, Rule Change Relating to ICC’s Fee Other options markets may choose to Washington, DC 20549–1090. Schedules replicate the Exchange’s Strike Interval All submissions should refer to File May 18, 2021. Proposal and, thereby, further decrease Number SR–NASDAQ–2021–032. This Pursuant to Section 19(b)(1) of the the overall number of strikes within the file number should be included on the Securities Exchange Act of 1934 (the options industry. subject line if email is used. To help the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 C. Self-Regulatory Organization’s Commission process and review your notice is hereby given that on May 7, Statement on Comments on the comments more efficiently, please use 2021, ICE Clear Credit LLC (‘‘ICC’’) filed Proposed Rule Change Received From only one method. The Commission will with the Securities and Exchange Members, Participants, or Others post all comments on the Commission’s Commission the proposed rule change internet website (http://www.sec.gov/ as described in Items I, II and III below, No written comments were either rules/sro.shtml). Copies of the which Items have been prepared solicited or received. submission, all subsequent primarily by ICC. ICC filed the proposed III. Date of Effectiveness of the amendments, all written statements rule change pursuant to Section Proposed Rule Change and Timing for 19(b)(3)(A) of the Act 3 and Rule 19b– Commission Action 37 17 CFR 240.19b–4(f)(6). 4(f)(2) thereunder,4 such that the 38 In addition, Rule 19b–4(f)(6)(iii) requires the The Exchange has filed the proposed Exchange to give the Commission written notice of 39 17 CFR 200.30–3(a)(12). its intent to file the proposed rule change at least rule change pursuant to Section 1 15 U.S.C. 78s(b)(1). 36 five business days prior to the date of filing of the 19(b)(3)(A)(iii) of the Act and Rule 2 proposed rule change, or such shorter time as 17 CFR 240.19b–4. designated by the Commission. The Exchange has 3 15 U.S.C. 78s(b)(3)(A). 36 15 U.S.C. 78s(b)(3)(A)(iii). satisfied this requirement. 4 17 CFR 240.19b–4(f)(2).
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27939
proposed rule change was immediately due by CPs and clients in accordance fees, and other charges among its effective upon filing with the with the product, amount and currency participants. Commission. The Commission is set out in the fee schedules and subject ICC believes that the proposed publishing this notice to solicit to any incentive programs described in discounts in the fee schedules have comments on the proposed rule change the fee schedules. ICC proposes to been set at an appropriate level. In from interested persons. amend the fee schedules to include determining the appropriate discount details on the proposed incentive level and program structure, ICC took I. Clearing Agency’s Statement of the programs for the second half of 2021, into account factors such as volume, Terms of Substance of the Proposed subject to any regulatory review or revenue, costs and expenses, and market Rule Change approval process. The proposed changes participation in the clearing service, The principal purpose of the are described in detail as follows. including based on different fee levels. proposed rule change is to modify ICC’s Under the amended CP fee schedule, In ICC’s view, the fees are reasonable fee schedules to introduce credit default the proposed 2H 2021 Standard Program under each proposed incentive program index swaption (‘‘Index Option’’) automatically, and without further as the discounts correspond with incentive programs for the second half action by CPs, applies to CPs and anticipated volumes, costs and of 2021. These revisions do not require provides a 25% discount, such that expenses, and revenues under each any changes to the ICC Clearing Rules. Index Option fees are $2.25/million or program, and they consider current and II. Clearing Agency’s Statement of the Ö2.25/million, from June 1 through past market activity as well as Purpose of, and Statutory Basis for, the December 31, 2021. As an alternative, anticipated market activity with respect Proposed Rule Change CPs may elect to participate in the 2H to clearing Index Options at ICC.12 Client fees remain higher than CP fees In its filing with the Commission, ICC 2021 Prepaid Program from June 1 through December 31, 2021. for Index Options under the proposed included statements concerning the programs, which is in line with the purpose of and basis for the proposed Participation requires a non-refundable upfront payment of $300,000 by June current fee schedules for single names, rule change, security-based swap indexes, and Index Options, given the submission, or advance notice and 25, 2021. Index Option fees are $1.5/ Ö responsibilities and obligations of CPs discussed any comments it received on million or 1.5/million and the upfront payment is applied toward the first to ICC as opposed to clients. the proposed rule change, security- Furthermore, the discount for the based swap submission, or advance $300,000 of option clearing fees due in the second half of 2021. proposed 2H 2021 Prepaid Program in notice. The text of these statements may the CP fee schedule is associated with be examined at the places specified in The amended client fee schedule offers the 2H 2021 Index Option the non-refundable upfront payment Item IV below. ICC has prepared applied toward clearing fees. These summaries, set forth in sections (A), (B), Incentive Program, which is similar to the 2H 2021 Standard Program incentive programs are designed to and (C) below, of the most significant encourage the clearing of Index Options aspects of these statements. described above. This program automatically, and without further by CPs and clients while properly (A) Clearing Agency’s Statement of the action by CPs or clients, applies to compensating ICC for the risks, costs Purpose of, and Statutory Basis for, the clients and provides a 25% discount, and expenses of clearing Index Options. Proposed Rule Change such that Index Option fees are $3/ Moreover, the proposed fee changes will apply equally to all market (a) Purpose million or Ö3/million, from June 1 through December 31, 2021. The participants clearing Index Options. The The proposed changes are intended to discount or prepaid fee schedule would 2H 2021 Standard Program under the modify ICC’s fee schedules to introduce be applied at the time of invoice under amended CP fee schedule automatically, Index Option incentive programs for the both amended fee schedules. and without further action by CPs, second half of 2021.5 ICC maintains a applies to all CPs. As an alternative, any Clearing Participant (‘‘CP’’) fee (b) Statutory Basis CP may elect to participate in the 2H schedule 6 and client fee schedule 7 ICC believes that the proposed rule 2021 Prepaid Program, which requires (collectively, the ‘‘fee schedules’’) that change is consistent with the an upfront payment by a specified date. are publicly available on its website, requirements of the Act, including The 2H 2021 Index Option Incentive which ICC proposes to update in Section 17A of the Act 8 and the Program under the amended client fee connection with the proposed incentive schedule automatically, and without programs. Currently, clearing fees are regulations thereunder applicable to it. More specifically, the proposed rule further action by CPs or clients, applies to all clients. ICC’s fee schedules, 5 Pursuant to an Index Option, one party (the change establishes or changes a member due, fee or other charge imposed by ICC including the proposed incentive ‘‘Swaption Buyer’’) has the right (but not the programs, will continue to be obligation) to cause the other party (the ‘‘Swaption under Section 19(b)(3)(A)(ii) of the Act 9 Seller’’) to enter into an index credit default swap and Rule 19b–4(f)(2) 10 thereunder. ICC transparent and to apply equally to transaction at a pre-determined strike price on a market participants clearing indexes, specified expiration date on specified terms. In the believes the proposed rule change is consistent with the requirements of the single names, and Index Options at ICC. case of Index Options that may be cleared by ICC, Therefore, the proposed rule change the underlying index credit default swap is limited Act and the rules and regulations to certain CDX and iTraxx index credit default thereunder applicable to ICC, in provides for the equitable allocation of swaps that are accepted for clearing by ICC, and 11 reasonable dues, fees and other charges which would be automatically cleared by ICC upon particular, to Section 17A(b)(3)(D), which requires that the rules of the among participants, within the meaning exercise of the Index Option by the Swaption Buyer of Section 17A(b)(3)(D) of the Act.13 ICC in accordance with its terms. clearing agency provide for the 6 CP fee details available at: https:// equitable allocation of reasonable dues, www.theice.com/publicdocs/clear_credit/ICE_ 12 Supporting detail and additional data, Clear_Credit_Fees_Clearing_Participant.pdf. including clearing statistics for Index Options and 8 7 Client fee details available at: https:// 15 U.S.C. 78q–1. a presentation provided to the Board in respect of www.theice.com/publicdocs/clear_credit/ICE_ 9 15 U.S.C. 78s(b)(3)(A)(ii). the proposed incentive programs is included in Clear_Credit_Fees.pdf. As specified, all fees are 10 17 CFR 240.19b–4(f)(2). confidential Exhibit 3. charged directly to a client’s CP. 11 15 U.S.C. 78q–1(b)(3)(D). 13 15 U.S.C. 78q–1(b)(3)(D).
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27940 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
therefore believes that the proposed rule including whether the proposed rule For the Commission, by the Division of change is consistent with the change is consistent with the Act. Trading and Markets, pursuant to delegated 19 requirements of Section 17A of the Comments may be submitted by any of authority. Act 14 and the regulations thereunder the following methods: J. Matthew DeLesDernier, applicable to it and is appropriately Assistant Secretary. filed pursuant to Section 19(b)(3)(A) of Electronic Comments [FR Doc. 2021–10843 Filed 5–21–21; 8:45 am] the Act 15 and paragraph (f)(2) of Rule • Use the Commission’s internet BILLING CODE 8011–01–P 19b–4 16 thereunder. comment form (http://www.sec.gov/ (B) Clearing Agency’s Statement on rules/sro.shtml); or Burden on Competition • Send an email to rule-comments@ DEPARTMENT OF STATE ICC does not believe the proposed sec.gov. Please include File Number SR– rule change would have any impact, or ICC–2021–014 on the subject line. [Public Notice: 11426] impose any burden, on competition not Paper Comments necessary or appropriate in furtherance Notice of Determinations; Culturally of the purpose of the Act. As discussed Send paper comments in triplicate to Significant Objects Being Imported for above, the proposed changes modify Exhibition—Determinations: ‘‘Paolo ICC’s CP and client fee schedules to Secretary, Securities and Exchange Commission, 100 F Street NE, Veneziano: Art and Devotion in 14th introduce incentive programs for Index Century Venice’’ Exhibition Options for the second half of 2021 and Washington, DC 20549. will apply uniformly across all market All submissions should refer to File SUMMARY: Notice is hereby given of the participants. The implementation of Number SR–ICC–2021–014. This file following determinations: I hereby such changes does not preclude other number should be included on the determine that certain objects being market participants from offering subject line if email is used. To help the imported from abroad pursuant to similar incentive programs. Moreover, Commission process and review your agreements with their foreign owners or ICC does not believe that the comments more efficiently, please use custodians for temporary display in the amendments would adversely affect the only one method. The Commission will exhibition ‘‘Paolo Veneziano: Art and ability of market participants to access post all comments on the Commission’s Devotion in 14th Century Venice’’ at clearing services. Accordingly, ICC does The J. Paul Getty Museum at the Getty not believe the amendments impose any internet website (http://www.sec.gov/ rules/sro.shtml). Copies of the Center, Los Angeles, California, and at burden on competition not necessary or possible additional exhibitions or submission, all subsequent appropriate in furtherance of the venues yet to be determined, are of amendments, all written statements purpose of the Act. cultural significance, and, further, that with respect to the proposed rule (C) Clearing Agency’s Statement on their temporary exhibition or display change that are filed with the within the United States as Comments on the Proposed Rule Commission, and all written Change Received From Members, aforementioned is in the national communications relating to the Participants or Others interest. I have ordered that Public proposed rule change between the Notice of these determinations be Written comments relating to the Commission and any person, other than published in the Federal Register. proposed rule change have not been those that may be withheld from the FOR FURTHER INFORMATION CONTACT: Chi solicited or received. ICC will notify the public in accordance with the D. Tran, Program Administrator, Office Commission of any written comments provisions of 5 U.S.C. 552, will be of the Legal Adviser, U.S. Department of received by ICC. available for website viewing and State (telephone: 202–632–6471; email: III. Date of Effectiveness of the printing in the Commission’s Public [email protected]). The mailing Proposed Rule Change and Timing for Reference Room, 100 F Street NE, address is U.S. Department of State, L/ Commission Action Washington, DC 20549, on official PD, SA–5, Suite 5H03, Washington, DC The foregoing rule change has become business days between the hours of 20522–0505. effective pursuant to Section 19(b)(3)(A) 10:00 a.m. and 3:00 p.m. Copies of such SUPPLEMENTARY INFORMATION: The of the Act 17 and paragraph (f) of Rule filings will also be available for foregoing determinations were made 19b–4 18 thereunder. At any time within inspection and copying at the principal pursuant to the authority vested in me 60 days of the filing of the proposed rule office of ICE Clear Credit and on ICE by the Act of October 19, 1965 (79 Stat. change, the Commission summarily may Clear Credit’s website at https:// 985; 22 U.S.C. 2459), Executive Order temporarily suspend such rule change if www.theice.com/clear-credit/regulation. 12047 of March 27, 1978, the Foreign it appears to the Commission that such All comments received will be posted Affairs Reform and Restructuring Act of action is necessary or appropriate in the without change. Persons submitting public interest, for the protection of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. comments are cautioned that we do not 6501 note, et seq.), Delegation of investors, or otherwise in furtherance of redact or edit personal identifying the purposes of the Act. Authority No. 234 of October 1, 1999, information from comment submissions. and Delegation of Authority No. 236–3 IV. Solicitation of Comments You should submit only information of August 28, 2000. that you wish to make available Interested persons are invited to Matthew R. Lussenhop, submit written data, views, and publicly. All submissions should refer to File Number SR–ICC–2021–014 and Acting Assistant Secretary, Bureau of arguments concerning the foregoing, Educational and Cultural Affairs, Department should be submitted on or before June of State. 14 15 U.S.C. 78q–1. 14, 2021. [FR Doc. 2021–10809 Filed 5–21–21; 8:45 am] 15 15 U.S.C. 78s(b)(3)(A). 16 17 CFR 240.19b–4(f)(2). BILLING CODE 4710–05–P 17 15 U.S.C. 78s(b)(3)(A). 18 17 CFR 240.19b–4(f)(2). 19 17 CFR 200.30–3(a)(12).
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27941
DEPARTMENT OF TRANSPORTATION proposed action or its impacts) preclude • Support growth of and connectivity issuance of a combined document. to regional activity centers. Federal Transit Administration I. Purpose and Need for the Proposed II. Description of Proposed Action and Preparation of an Environmental Action Alternatives Impact Statement for the Capital Metro The Project is part of Capital Metro’s Capital Metro applied a phased Orange Line Project in Austin, Texas 2018 Project Connect Long-Term Vision screening process to select the proposed AGENCY: Federal Transit Administration Plan (Project Connect), amended in action. As documented in the PEL study (FTA), DOT. 2020. Project Connect presents a and alternatives analysis report, the regional vision for high-capacity transit process was structured as a tiered ACTION: Notice of intent to prepare an (HCT) investments that would add screening, where alternatives were environmental impact statement. mobility options for the Central Texas defined, evaluated, and refined or SUMMARY: The Federal Transit region. Capital Metro began developing eliminated in each step of the process. Administration (FTA), as lead Federal Project Connect in 2016 to create a The result is that the EIS will evaluate agency, and the Capital Metropolitan system of HCT options along with two alternatives, a Build Alternative and Transportation Authority (Capital enhancing and expanding existing a No Build Alternative. The Build Metro), as local project sponsor and services. Capital Metro conducted Alternative is a 20-mile proposed LRT joint lead agency, issue this notice to extensive outreach to the public, system currently served by Capital advise the public that they intend to stakeholders, and government agencies Metro’s MetroRapid 801–N Lamar S prepare an Environmental Impact to gain their input. The Project Connect Congress bus route from the Tech Ridge Statement (EIS) pursuant to the National area includes the five-county Park & Ride on the northern end of the Environmental Policy Act (NEPA) for metropolitan statistical area of Bastrop, corridor, through downtown Austin, to the Orange Line Project (the Project) in Caldwell, Hays, Travis, and Williamson just north of Slaughter Lane on the Austin, Texas. The Project is a proposed counties. southern end of the corridor. The light rail transit (LRT) line that would Capital Metro began preparing the Project would involve new track mostly extend approximately 20 miles from the Project Connect Program in 2016, within existing, publicly owned right- Tech Ridge Park & Ride on the northern following Federal guidance on the of-way, running at street level (primarily end of the corridor, through downtown Planning and Environmental Linkages center-running) and is planned to be Austin, to just north of Slaughter Lane (PEL) process. In 2019 and 2020, Capital elevated in three sections—at I–35 north on the southern end of the corridor. Metro completed a PEL study for the of Parmer Lane at Rundberg, at Airport FTA has determined that the Project is Project. The PEL study documented Blvd. and Lamar intersection, and at US sufficiently developed to allow for Capital Metro’s alternatives analysis, the 290/SH 71. The proposed transitway meaningful public comment and Project’s purpose and need, public and would include a tunnel through requires an EIS. stakeholder outreach, and informed downtown from approximately MLK DATES: Comments must be received on selection of the Locally Preferred Boulevard to South Congress (south of or before June 23, 2021. Alternative (LPA). Capital Metro and the Lady Bird Lake), approximately two miles. Station locations would include: ADDRESSES: Comments on the scope of Austin City Council approved the LPA Tech Ridge, Parmer, Braker, Rundberg, the EIS should be sent to: Capital Metro, in June 2020. For reference purposes, North Lamar Transit Center, Crestview, Orange Line LRT Project, 2910 E Fifth Capital Metro continues to make the Koenig, Triangle, Hyde Park, Hemphill Street, Austin, TX 78702; or via email at PEL study available at http:// Park, UT West Mall, Capitol West, [email protected]. projectconnect.com/orange- environment. Government Center, Republic Square, FOR FURTHER INFORMATION CONTACT: For As documented in the PEL study, the Auditorium Shores, SoCo, Oltorf, St. FTA: Mr. Terence Plaskon, Federal purpose of the Project is to meet Edward’s, South Congress Transit Transit Administration, Region VI, 819 growing corridor travel demand with a Center, Stassney, William Cannon, and Taylor Street, Fort Worth, TX 76102, at reliable, safe, cost-effective, time Slaughter Transit Center. The Project’s (817) 978–0573 or terence.plaskon@ competitive, state-of-the-art HCT option transitway and station locations will be dot.gov. For Capital Metro: Mr. Jacob that is congestion proof. further refined during the EIS process, Calhoun, Capital Metro, 2910 E Fifth The lack of transportation options and working in close coordination with the Street, Austin, TX 78702, at (512) 369– limited roadway capacity to public, agencies, and key stakeholders. 6501 or [email protected]. accommodate growth in Central Texas The No Build Alternative is defined as SUPPLEMENTARY INFORMATION: FTA and may hinder the continued vitality and the existing transportation system and Capital Metro (the Agencies) will economic health of the City of Austin includes other planned transit prepare the EIS in accordance with and surrounding areas in the future. investments included in the Capital NEPA and its implementing regulations. Inadequate transit access for many city Area Metropolitan Planning The EIS will evaluate two alternatives: residents coupled with rising travel Organization’s 2045 Regional A Build Alternative and a No Build demand have resulted in longer travel Transportation Plan (e.g., the Blue Line Alternative. After circulation of the draft times, decreased mobility, and Project and bus rapid transit projects, as EIS and consideration of comments additional travel costs for residents and part of Project Connect), except the received, FTA intends to issue a businesses. As documented in the PEL Orange Line. The No Build Alternative combined final EIS/Record of Decision study, Capital Metro identified several serves as a benchmark from which to (ROD) document pursuant to 23 U.S.C. needs within the Project study area: compare the effects of the Project. 139(n)(2), unless statutory criteria (i.e., • Sustainably support Austin’s III. Summary of Expected Impacts the final EIS makes substantial changes population and economic growth; to the proposed action that are relevant • Increase transportation network The Agencies will evaluate potential to environmental or safety concerns or capacity to meet increasing travel direct, indirect, and cumulative impacts there is a significant new circumstance demand; of the Build and No Build Alternatives or information relevant to • Improve transit access between to the natural, built, and social environmental concerns that affect the affordable housing and jobs; and environments. Impacts evaluated will
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27942 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
include those that are reasonably those comments as they prepare the information, and analyses to be foreseeable. As a tunnel is proposed for draft EIS. The Agencies will announce considered in the EIS. the Project, potential above- and below- the availability of the draft EIS in the Gail Lyssy, ground impacts will be considered. Federal Register and via local media Regional Administrator, FTA Region VI. Potential impacts include outlets. Capital Metro expects the draft transportation, land use, EIS will be available for a minimum 45- [FR Doc. 2021–10865 Filed 5–21–21; 8:45 am] socioeconomics and economic day public comment period by Spring BILLING CODE 4910–57–P development, parklands and 2022. The Agencies will consider recreational facilities, neighborhoods substantive comments timely submitted DEPARTMENT OF TRANSPORTATION and community facilities, during the public comment period and environmental justice, noise and then prepare a combined final EIS/ROD Federal Transit Administration vibration, hazardous materials, by Winter 2022/2023. The Agencies ecosystems, water resources, and short- Preparation of an Environmental term construction impacts. The EIS will expect that all Federal environmental authorization decisions for the Impact Statement for the Capital Metro also address displacements and Blue Line Project in Austin, Texas relocations, historic and archaeological construction of the Project will be resources, visual quality, vegetation, completed within a reasonable period AGENCY: Federal Transit Administration geotechnical conditions, air quality following issuance of the ROD. (FTA), DOT. (including greenhouse gas emissions), VI. Description of Scoping Process ACTION: Notice of intent to prepare an and energy. The potential impact to environmental impact statement. these resources will be evaluated for the In accordance with NEPA and its short-term construction period and implementing regulations, and after SUMMARY: The Federal Transit long-term operation of each alternative. FTA determined that the Project was Administration (FTA), as lead Federal agency, and the Capital Metropolitan Measures to avoid, minimize, or sufficiently developed for agency and Transportation Authority (Capital mitigate impacts will be evaluated and public consideration, the Agencies used Metro), as local project sponsor and proposed, as necessary. an early and open process to determine joint lead agency, issue this notice to The Agencies have identified several the scope of issues for analysis in the potential impact areas and project advise the public that they intend to EIS. On April 19, 2019, FTA published prepare an Environmental Impact considerations, including: The crossing in the Federal Register a Notice of Early of major transportation thoroughfares; Statement (EIS) pursuant to the National Scoping for the Project. Since that time, impacts to downtown roadways; Environmental Policy Act (NEPA) for Capital Metro has extensively engaged property acquisitions; impacts to the Blue Line Project (the Project) in the public and stakeholder agencies to historic resources; and preserving the Austin, Texas. The Project is a proposed ability to develop station areas for identify significant environmental light rail transit (LRT) line that would transit-oriented development and issues deserving of study, thereby extend approximately 8.2 miles from affordable housing. narrowing the scope of the EIS to the Republic Square in downtown Austin to relevant impacts. As part of the scoping Austin-Bergstrom International Airport IV. Anticipated Permits and Other process, FTA invited the participation (AUS). FTA has determined that the Authorizations of likely affected Federal, State, Tribal, Project is sufficiently developed to The EIS will list Federal permits, and local agencies and governments, allow for meaningful public comment licenses, and other authorizations that and other likely affected or interested and requires an EIS. must be obtained in implementing the persons. From January 2021 to March DATES: Comments must be received on Project. The Agencies anticipate that 2021, Capital Metro held public and or before June 23, 2021. required permits and other agency virtual scoping meetings, ADDRESSES: Comments on the scope of authorizations may include: published scoping information (e.g., • the EIS should be sent to: Capital Metro, U.S. Department of Interior alternatives analysis), and used other Blue Line LRT Project, 2910 E Fifth approval under Section 6(f) of the Land means to communicate with persons or Street, Austin, TX 78702; or via email at and Water Conservation Act; agencies who may be interested or [email protected]. • Memorandum of Agreement with FOR FURTHER INFORMATION CONTACT: the State Historic Preservation Officer affected by the Project. Capital Metro For under Section 106 of the National has posted a self-guided public scoping FTA: Mr. Terence Plaskon, Federal Historic Preservation Act; and presentation online at http:// Transit Administration, Region VI, 819 • U.S. Army Corps of Engineers projectconnect.com/orange- Taylor Street, Fort Worth, TX 76102, at approval under Section 404 of the Clean environment. (817) 978–0573 or terence.plaskon@ dot.gov. For Capital Metro: Mr. Jacob Water Act and/or Section 10 of the River The Agencies identified partner Calhoun, Capital Metro, 2910 E Fifth and Harbors Act. agencies that potentially have an Street, Austin, TX 78702, at (512) 369– interest in the Project, including those V. Schedule for Decision-Making 6501 or [email protected]. agencies with authorization decisions, Process SUPPLEMENTARY INFORMATION: FTA and and invited them to serve as a The Agencies intend to complete the Capital Metro (the Agencies) will participating or cooperating agency to EIS for the Project within two years, prepare the EIS in accordance with measured from the date of the issuance the EIS. NEPA and its implementing regulations. of this notice to the date a ROD is VII. Request for Identification of The EIS will evaluate two alternatives, signed. Capital Metro will accept public Potential Alternatives, Information, and a Build Alternative and a No Build comments on the scope of the EIS (i.e., Analysis Alternative. After circulation of the draft the information presented in this notice EIS and consideration of comments and at http://projectconnect.com/ The Agencies invite all State, Tribal, received, FTA intends to issue a orange-environment) through June 23, local governments, and the public to combined final EIS/Record of Decision 2021. The Agencies will then consider comment on potential alternatives, (ROD) document pursuant to 23 U.S.C.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27943
139(n)(2), unless statutory criteria (i.e., study, Capital Metro identified several III. Summary of Expected Impacts the final EIS makes substantial changes needs within the Project study area: to the proposed action that are relevant • Sustainably support Austin’s The Agencies will evaluate potential to environmental or safety concerns or population and economic growth; direct, indirect, and cumulative impacts there is a significant new circumstance • Increase transportation network of the Build and No Build Alternatives or information relevant to capacity to meet increasing travel to the natural, built, and social environmental concerns that affect the demand; environments. Impacts evaluated will • proposed action or its impacts) preclude Provide better transit options include those that are reasonably issuance of a combined document. linking affordable housing and jobs; foreseeable. As a tunnel is proposed for • Support growth of and connectivity the Project, potential above- and below- I. Purpose and Need for the Proposed to activity centers; and ground impacts will be considered. Action • Support Austin-Bergstrom Potential impacts include International Airport growth in air The Project is part of Capital Metro’s transportation, land use, travel. 2018 Project Connect Long-Term Vision socioeconomics and economic Plan (Project Connect), amended in II. Description of Proposed Action and development, parklands and 2020. Project Connect presents a Alternatives recreational facilities, neighborhoods regional vision for high-capacity transit and community facilities, Capital Metro applied a phased environmental justice, noise and (HCT) investments that would add screening process to select the proposed mobility options for the Central Texas vibration, hazardous materials, action. As documented in the PEL study ecosystems, water resources, and short- region. Capital Metro began developing and alternatives analysis report, the Project Connect in 2016 to create a term construction impacts. The EIS will process was structured as a tiered also address displacements and system of HCT options along with screening, where alternatives were relocations, historic and archaeological enhancing and expanding existing defined, evaluated, and refined or resources, visual quality, vegetation, services. Capital Metro conducted eliminated in each step of the process. geotechnical conditions, air quality extensive outreach to the public, The result is that the EIS will evaluate (including greenhouse gas emissions), stakeholders, and government agencies two alternatives, a Build Alternative and and energy. The potential impact to to gain their input. The Project Connect a No Build Alternative. The Build these resources will be evaluated for the area includes the five-county Alternative is an 8.2-mile proposed LRT short-term construction period and metropolitan statistical area of Bastrop, line from Republic Square in Downtown long-term operation of each alternative. Caldwell, Hays, Travis, and Williamson Austin to AUS. The Project would Measures to avoid, minimize, or counties. involve new track mostly within mitigate impacts will be evaluated and Capital Metro began preparing the existing publicly owned right-of-way, proposed, as necessary. Project Connect Program in 2016, running at street level (primarily center following Federal guidance on the running) and elevated in two sections— The Agencies have identified several Planning and Environmental Linkages across Lady Bird Lake (Colorado River) potential impact areas and project (PEL) process. In 2019 and 2020, Capital and at AUS. The proposed transitway considerations, including: The crossing Metro completed a PEL study for the would include an approximate 0.8-mile of waterways; adjacent wetlands and Project. The PEL study documented tunnel between the Downtown and watersheds; mitigating conflict with Capital Metro’s alternatives analysis, the Republic Square stations. Additional adjacent roadways; preserving the Project’s purpose and need, public and potential stations include: Emma S. ability to develop AUS property for stakeholder outreach, and informed Barrientos Mexican American Cultural aviation operations while providing a selection of the Locally Preferred Center/Rainey, Waterfront, Travis high-quality station area; minimizing Alternative (LPA). Capital Metro and the Heights, Lakeshore, Riverside, Faro, impacts to downtown roadways; Austin City Council approved the LPA Montopolis, Metro Center, and AUS. property acquisitions; and preserving in June 2020. For reference purposes, Blue Line trains would ultimately the ability to develop station areas for Capital Metro continues to make the connect with the proposed Orange Line transit-oriented development and PEL study available at http:// Project. Possible station locations in affordable housing. projectconnect.com/blue-environment. Downtown Austin could ultimately IV. Anticipated Permits and Other As documented in the PEL study, the serve both the proposed Blue Line and Authorizations purpose of the Project is to provide Orange Line projects. The Project’s improved HCT that operates faster; has transitway and station locations will be The EIS will list Federal permits, better reliability; provides improved further refined during the licenses, and other authorizations that connectivity to affordable housing, environmental review process, working must be obtained in implementing the employment, activity centers, and the in close coordination with the public, Project. The Agencies anticipate that AUS; and links other future transit agencies, and key stakeholders. The No required permits and other corridors. Build Alternative is defined as the authorizations may include: The lack of transportation options and existing transportation system and • U.S. Department of Interior limited roadway capacity to includes other planned transit approval under Section 6(f) of the Land accommodate growth in Central Texas investments included in the Capital and Water Conservation Act; may hinder the continued vitality and Area Metropolitan Planning • economic health of the City of Austin Organization’s 2045 Regional Memorandum of Agreement with and surrounding areas in the future. Transportation Plan (e.g., the Orange the State Historic Preservation Officer Inadequate transit access for many city Line Project and bus rapid transit under Section 106 of the National residents coupled with rising travel projects, as part of Project Connect), Historic Preservation Act; and demand have resulted in longer travel except the Blue Line Project. The No • U.S. Army Corps of Engineers times, decreased mobility, and Build Alternative serves as a benchmark approval under Section 404 of the Clean additional travel costs for residents and from which to compare the effects of the Water Act and/or Section 10 of the River businesses. As documented in the PEL Project. and Harbors Act.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27944 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
V. Schedule for the Decision-Making participating or cooperating agency to Transportation, 1200 New Jersey Process the EIS. Avenue SE, Washington, DC 20590, phone 202–366–1123, or email VII. Request for Identification of The Agencies intend to complete the [email protected]. Persons who use a Potential Alternatives, Information, and EIS for the Project within two years, telecommunications device for the deaf Analyses measured from the date of the issuance (TDD) may call the Federal Information of this notice to the date a ROD is The Agencies invite all State, Tribal, Relay Service (FIRS) at 1–800–877–8339 signed. Capital Metro will accept public local governments, and the public to to contact the above individual during comments on the scope of the EIS (i.e., comment on potential alternatives, business hours. The FIRS is available the information presented in this notice information, and analyses to be twenty-four hours a day, seven days a and at http://projectconnect.com/blue- considered in the EIS. week, to leave a message or question environment) through June 23, 2021. Gail Lyssy, with the above individual. You will The Agencies will then consider those receive a reply during regular business Regional Administrator, FTA Region VI. comments as they prepare the draft EIS. hours. The Agencies will announce the [FR Doc. 2021–10866 Filed 5–21–21; 8:45 am] SUPPLEMENTARY INFORMATION: Each availability of the draft EIS in the BILLING CODE 4910–57–P section of this notice contains Federal Register and via local media information and instructions relevant to outlets. Capital Metro expects the draft the Marine Highway Grants application EIS will be available for a minimum 45- DEPARTMENT OF TRANSPORTATION process. All applicants should read this day public comment period by Spring notice in its entirety so that they have 2022. The Agencies will consider Maritime Administration the information they need to submit substantive comments timely submitted Notice of Funding Opportunity for eligible and competitive applications. during the public comment period and America’s Marine Highway Projects Applications received after the deadline then prepare a combined final EIS/ROD will not be considered except in the by Winter 2022/2023. The Agencies AGENCY: Maritime Administration, DOT. case of unforeseen technical difficulties expect that all Federal environmental ACTION: Notice of funding opportunity. as outlined below in section D.6. authorization decisions for the construction of the Project will be SUMMARY: This notice announces the Table of Contents completed within a reasonable period availability of funding for grants and establishes selection criteria and A. Program Description following issuance of the ROD. B. Federal Award Information application requirements for the VI. Description of Scoping Process C. Eligibility Information America’s Marine Highway Program D. Application and Submission Information In accordance with NEPA and its (AMHP). The purpose of this program is E. Application Review Information implementing regulations, and after to make grants available to previously F. Federal Award Administration FTA determined that the Project was designated Marine Highway Projects Information G. Federal Awarding Agency Contacts sufficiently developed for agency and that support the development and public consideration, the Agencies used expansion of documented vessels or A. Program Description an early and open process to determine port and landside infrastructure. The U.S. Department of Transportation The Secretary, in accordance with 46 the scope of issues for analysis in the U.S.C. 55601, established a marine EIS. On April 19, 2019, FTA published (Department) will award Marine Highway Grants to implement projects highway transportation grant program to in the Federal Register a Notice of Early implement projects or components of Scoping for the Project. Since that time, or components of projects previously designated by the Secretary of designated Marine Highway Projects Capital Metro has extensively engaged that provide a coordinated and capable the public and stakeholder agencies to Transportation (Secretary) under the AMHP. Only Marine Highway Projects alternative to landside transportation or identify significant environmental that promote marine highway issues deserving of study, thereby the Secretary designates before the Notice of Funding Opportunity (NOFO) transportation. The primary goal of the narrowing the scope of the EIS to the AMHP is to expand the use of the relevant impacts. As part of the scoping closing date are eligible for funding as described in this notice. nation’s navigable waters to relieve process, FTA invited the participation landside congestion, reduce air of likely affected Federal, State, Tribal, DATES: Timing of Grant Applications: Applications must be received by the emissions, and generate other public and local agencies and governments, benefits by increasing the efficiency of and other likely affected or interested Maritime Administration (MARAD) by 5:00 p.m. EDT on June 25, 2021. the surface transportation system, and persons. From January 2021 to March Fiscal Year (FY) 2021 Marine Highway 2021, Capital Metro held public and ADDRESSES: Grant applications must be Grants will be awarded to further this agency virtual scoping meetings, submitted electronically using purpose. published scoping information (e.g., Grants.gov (https://www.grants.gov). The Consolidated Appropriations Act, alternatives analysis), and used other Please be aware that you must complete 2021 (Pub. L. 116–260, December 27, means to communicate with persons or the Grants.gov registration process 2020) appropriated $10,819,000 to be agencies who may be interested or before submitting your application and awarded by the Department for Marine affected by the Project. Capital Metro that the registration process usually Highway Grants. The grant funds has posted a self-guided scoping takes 2 to 4 weeks to complete. currently available are for projects presentation online at http:// Applicants are strongly encouraged to related to vessels documented under 46 projectconnect.com/blue-environment. make submissions in advance of the U.S.C. chapter 121 and port and The Agencies identified partner deadline. landside infrastructure. Section E of this agencies that potentially have an FOR FURTHER INFORMATION CONTACT: Fred notice, which outlines FY 2021 Marine interest in the Project, including those Jones, Office of Ports & Waterways Highway Grants selection criteria, agencies with authorization decisions, Planning, Room W21–311, Maritime describes the process for selecting and invited them to serve as a Administration, U.S. Department of projects that further this goal. Section
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27945
F.3 describes progress and performance The America’s Marine Highway Grant manner and in accordance with the reporting requirements for selected program is described in the Federal project schedule and requirements projects, including the relationship Assistance Listings with Assistance detailed in the grant agreement. between that reporting and the Listings Number 20.816 (formerly Prior recipients of Marine Highway program’s selection criteria. known as the Catalog of Federal Grants may apply for funding to support Since this program was created, over Domestic Assistance Number). additional phases of a designated $40 million has been awarded through B. Federal Award Information project. However, to be competitive, the competitive grants to implement grant applicant should demonstrate the The total funding available for awards extent to which the previously funded projects or components of a project under this NOFO is $12,600,138. This designated under 46 U.S.C. 55601. project phase has met estimated project amount represents $10,494,430 from the schedules and budget, as well as the Throughout the program, these current year’s appropriations less discretionary grants have been awarded ability to realize the benefits expected $324,570 for grant administration and for the new award. to projects that have supported the oversight as permitted under 49 U.S.C. development and expansion of 109(i), and $2,105,708 from unexpended C. Eligibility Information documented vessels and port and prior year Marine Highway Grant To be selected for a Marine Highway landside infrastructure, consistent with funding. 1 Grant, an applicant must be an Eligible DOT’s strategic infrastructure goal. The MARAD will seek to obtain the Applicant, and the project must be an AMHP continues to align with the maximum benefit from the available Eligible Project. Department’s infrastructure goal by funding by awarding grants to as many guiding strategic investments for port qualified projects as possible; however, 1. Eligible Applicants and landside infrastructure that expand per 46 U.S.C. 55601(g)(3), MARAD shall the use of the nation’s navigable waters. give preference to those projects or Eligible Applicants for funding This round of FY 2021 AMHP grant components that present the most available under this notice are an funding also highlights the financially viable transportation original Project Applicant of a project Administration’s priorities to invest in services and require the lowest that the Secretary has previously infrastructure projects that result in percentage of Federal share of the costs. designated as a Marine Highway Project good-paying jobs, improve safety, apply Depending on the characteristics of the or a substitute applicant (which can be transformative technology, and pool of qualified applications, it is either a public entity or a private-sector explicitly address climate change. possible MARAD may award all funds entity who has been referred to the to a single project. MARAD may also Program Office by the original Project The America’s Marine Highway Applicant with a written explanation, as Program Office (Program Office) follows award grant funds to support a portion of a project described in an application part of the application). Original Project a three-step approach when supporting Applicants are defined as those public investment opportunities for marine by selecting discrete components. MARAD will administer each Marine entities named by the Secretary in the highway transportation services. The original designated project. Grant first step is designation of a Marine Highway Grant pursuant to a grant agreement with the successful applicants must have operational or Highway Route by the Secretary. The administrative areas of responsibility Department accepts Marine Highway applicant, and the start date and period of performance for each award will be that are adjacent to or near the relevant Route Designation requests at any time designated Marine Highway Project. from Route Sponsors. Once a Route is outlined in each grant agreement. Marine Highway Grant funds will be Eligible Applicants include State designated, the second step is governments (including State designation as a Marine Highway administered on a reimbursable basis. Unless authorized in writing by departments of transportation), Project by the Secretary. Marine metropolitan planning organizations, Highway Projects represent concepts for MARAD and incurred after the Department’s announcement of FY 2021 port authorities, and tribal governments, new services or expansions of existing or private sector operators of marine marine highway services on designated Marine Highway Grant awards, any costs incurred prior to MARAD’s highway services within designated Marine Highway Routes that use Marine Highway Projects. Private-sector documented vessels and mitigate obligation of funds for a project (‘‘pre- award costs’’) are ineligible for applicants should refer to section landside congestion or promote marine D.2.vi.G for additional documentation highway transportation. MARAD reimbursement and are ineligible to count as match for cost share that must be submitted to support an announces by notice in the Federal eligibility determination. Register open season periods to allow requirements.2 Obligation occurs when Eligible Applicants are encouraged to Project Applicants opportunities to a selected applicant and MARAD enter develop coalitions and public/private submit Marine Highway Project into a written grant agreement after the partnerships, which might include Designation applications. A Project applicant has satisfied applicable vessel owners and operators; third-party Applicant must receive a Project administrative requirements, including logistics providers; trucking companies; Designation to then become eligible for environmental review requirements. shippers; railroads; port authorities; Marine Highway Grant funding for that MARAD reserves the right to revoke any state, regional, and local transportation Project, the third step referenced above. award of Marine Highway Grant funds planners; environmental organizations; Marine Highway Grant funding (the and to award such funds to another impacted communities; or any subject of this NOFO) is provided to project to the extent that such funds are combination of entities working in successful public and private sector not expended in a timely or acceptable collaboration on a single grant applicants as funds are appropriated by 2 application that can be submitted by the Congress. Pre-award costs are costs incurred prior to the effective date of the Federal award directly original Project Applicant or their pursuant to the negotiation and anticipation of designated substitute. All successful 1 See U.S. Department of Transportation Strategic entering into a Marine Highway grant agreement, Plan for FY 2018–2022 (Feb. 2018) at https:// where such costs are necessary for efficient and grant applicants, whether they are www.transportation.gov/administrations/office- timely performance of the scope of work, as public or private entities, must comply policy/dot-strategic-plan-fy2018-2022. determined by MARAD. with all Federal requirements.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27946 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
If multiple Eligible Applicants submit For each project that receives a however, market-related studies are a joint grant application, they must Marine Highway Grant award, the terms ineligible to receive Marine Highway identify a lead Eligible Applicant as the of the award will require the recipient Grants. Activities eligible for funding primary point of contact. Joint grant to complete the project using at least the under Marine Highway planning grants applications must include a description level of non-Federal funding that was are related to the planning, preparation, of the roles and responsibilities of each specified in the application. If the actual or design—including site design, applicant, including designating the one costs of the project are greater than the engineering drawings, cost estimation, entity that will receive the Federal costs estimated in the application, the and other pre-construction activities—of funds directly from MARAD, and must recipient will be responsible for eligible documented vessel or port and be signed by each Eligible Applicant. increasing the non-Federal contribution. landside infrastructure projects. Refer to section D.5, Funding If the actual costs of the project are less Improvements to Federally-owned Restrictions, for more information. than the costs estimated in the facilities are ineligible under the FY application, the Department may reduce 2021 Marine Highway Grant program. 2. Cost Sharing or Matching the Federal contribution. Each lead applicant may submit no more than one application. An Eligible Applicant must provide at 3. Other Eligible Projects least 20 percent of grant project costs D. Application and Submission Pursuant to the Consolidated Information from non-Federal sources. The Appropriations Act, 2021 (Pub. L. 116– application should demonstrate, such as 260, December 27, 2020), eligible 1. Address To Request Application through a letter or other documentation, projects proposed for funding must Package the sources of these funds. Preference support the development and expansion This announcement contains all the will be given to those projects that of documented vessels or port and information needed for applicants to provide a larger percentage of costs from landside infrastructure. Only projects or apply for this funding opportunity. non-Federal sources. MARAD will not their components that the Secretary has Applications may be found at and must consider previously incurred costs or designated as Marine Highway Projects be submitted through Grants.gov. previously expended or encumbered by the closing date of this notice are funds towards the matching eligible for this round of grant funding. 2. Content and Form of Application requirement for any project. Matching The current list of designated Marine Submission funds are subject to the same Federal Highway Projects can be found on the In addition to the SF–424, the requirements described in section F.2 as MARAD website at: https:// application should include the Project Federally-awarded funds, including www.maritime.dot.gov/grants/marine- Narrative. MARAD recommends that the applicable Buy American requirements. highways/marine-highway-project- Project Narrative follows the basic Refer to section D.2 for information on description-pages. outline below to address the program documenting cost sharing in the Grant funds may also be requested for requirements and assist evaluators in application. eligible project planning activities; locating relevant information.
I. First Page of Project Narrative ...... See D.2.i. II. Project Description ...... See D.2.ii. III. Project Location ...... See D.2.iii. IV. Grant Funds, Sources, and Uses of Project Funds ...... See D.2.iv. V. Selection Criteria ...... See D.2.v and E.1. VI. Other Application Requirements ...... See D.2.vi.
The Project Narrative should include information easier to review. MARAD supports. MARAD recommends using the information necessary for MARAD recommends that the Project Narrative appropriately descriptive file names to determine that the project satisfies be prepared with standard formatting (e.g., ‘‘Project Narrative,’’ ‘‘Maps,’’ the requirements described in sections B preferences (a single-spaced document, ‘‘Letters of Support’’) for all and C, and to assess the selection using a standard 12-point font such as attachments. At the applicant’s criteria specified in section E.1. This Times New Roman, with 1-inch discretion, relevant materials provided includes a detailed project description, margins, and the narrative text in one previously in support of a Marine location, and budget. To the extent column only). The Project Narrative Highway Project application may be practicable, applicants should provide may not exceed 10 pages in length, referenced, updated, or described as supporting data and documentation in a excluding the table of contents and unchanged. To the extent documents form that is directly verifiable by appendices. The only substantive provided previously are referenced, they MARAD. Applicants are strongly portions that may exceed the 10-page need not be resubmitted in support of a encouraged to provide quantitative limit are documents supporting Marine Highway Grant application. information, including baseline assertions or conclusions made in the To ensure the Project Narrative is information, that demonstrates the 10-page Project Narrative. If possible, sufficiently detailed and informative, project’s merits and economic viability. website links to supporting MARAD recommends applications MARAD may ask any applicant to documentation should be provided include the following sections: supplement data in its application, but rather than copies of these supporting expects applications to be complete materials. It is important to ensure that i. First Page of Project Narrative upon submission. Incomplete the website links are currently active applications may not be considered for and working. If supporting documents The first page of the Project Narrative an award. are submitted, applicants should clearly should provide the following items of The Project Narrative should also identify within the Project Narrative the information: include a table of contents, maps, and relevant portion of the Project Narrative (A) Marine Highway Project name and graphics, as appropriate, to make the that each supporting document the original Project Applicant (as stated
VerDate Sep<11>2014 19:26 May 21, 2021 Jkt 253001 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27947
on the Marine Highway Program’s list of existing transportation infrastructure, each funding source should be an Designated Projects); and geospatial data describing the attachment to the application. If the (B) Primary point of contact, project location. project contains individual components, including the name, phone number, The application should also identify: the budget should separate the costs of email address, and business address of (A) Whether the project is located in each project component. The budget the primary point of contact for the a Federally designated community should sufficiently demonstrate that the Eligible Applicant; development zone such as a qualified project satisfies the statutory cost- (C) Total amount of the proposed Opportunity Zone; 3 Empowerment sharing requirements described in grant project cost in dollars and the Zone; 4 Promise Zone; 5 or Choice section C.2. amount of Federal grant funds the Neighborhood; 6 and v. Selection Criteria applicant is seeking, along with sources (B) whether the project is located in and share of matching funds; an urban area (UA) or rural area (RA) 7 This section of the application should (D) Executive Summary, which as designated by the U.S. Census Bureau demonstrate how the project proposed should include an outline of the at http://www2.census.gov/geo/maps/ for grant funding aligns with the criteria background of the project, the need for dc10map/UAUC_RefMap/ua/. described below and in section E.1. the project, and how the grant funding (C) whether the project advances MARAD encourages applicants to will be applied in the context of the Racial Equity and Reducing Barriers to address each criterion, or expressly state service referenced in the original Project Opportunity. This section of the that the project does not address the Designation application; application should include sufficient criterion. Applicants are not required to (E) The public and private partners information to evaluate how the follow a specific format, but MARAD engaged in the Marine Highway Project; applicant and the project will advance recommends applicants address each (F) The Data Universal Numbering the Racial Equity and Barriers to criterion separately using the outline System (DUNS) number associated with Opportunity program objective. suggested below, which provides a clear the application. Marine Highway Grant discussion that assists project Recipients and their first-tier sub- iv. Grant Funds, Sources, and Uses of evaluators. Guidance describing how awardees must obtain DUNS numbers, Project Funds MARAD will evaluate projects against which are available at https:// This section of the application should the selection criteria is in section E.1 of fedgov.dnb.com/webform; and describe the project’s budget (i.e., the this notice. Applicants also should (G) Evidence of registration with the project scope that includes Marine review that section before considering System for Award Management (SAM) Highway funding). The budget should how to organize and complete their at https://www.SAM.gov. not include any previously incurred application. To minimize redundant ii. Project Description expenses. At a minimum, it should information in the application, MARAD include: encourages applicants to cross-reference The next section of the application (A) Project costs; from this section of their application to should provide a concise description of (B) The source and amount of those relevant substantive information in the project. The project description funds to be used for project costs; other sections of the application. must be in paragraph form providing a (C) For Non-Federal funds to be used (A) Primary Selection Criteria high-level view of the overall project for eligible project costs, documentation and its major components. This section of funding commitments should be (1) This section of the application should discuss the project’s history, referenced here and included as an should demonstrate the extent to which including a description of any appendix to the application; the project is financially viable. Per 46 previously completed components. The (D) For Federal funds to be used for U.S.C. 55601(g)(3), preference will be applicant may use this section to place eligible project costs, the amount, given to projects or components that the project into a broader context of nature, and source of any required non- present the most financially viable other transportation infrastructure Federal match for those funds; and transportation services. investments being pursued by the grant (E) A budget showing how each (2) This section of the application applicant, and, if applicable, how it will source of funds will be spent. The should demonstrate that the funds benefit communities in rural areas. This budget should show how each funding received will be spent efficiently and section should also include a timeline source will share in each project effectively. for implementing the project. component, and present that data in (3) This section of the application Consistent with the Department’s dollars and percentages. Funding should demonstrate that a market exists Rural Opportunities to Use sources should be grouped into three for the services of the proposed project Transportation for Economic Success categories: Non-Federal; Marine as evidenced by contracts or written (ROUTES) Initiative (https:// Highway Grant funding; and other statements of intent from potential www.transportation.gov/rural), the Federal. A letter of commitment from customers. Department encourages applicants to (4) This section of the application describe how activities proposed in 3 See https://opportunityzones.hud.gov/. should describe the public benefits their application would address the 4 See https://www.hud.gov/hudprograms/ anticipated by the proposed grant unique challenges facing rural empowerment_zones. project, as outlined in 46 CFR transportation networks, regardless of 5 See https://www.hud.gov/program_offices/field_ 393.3(c)(8), and described below. The _ the geographic location of those policy mgt/fieldpolicymgtpz. public benefits described in the relevant 6 See https://www.hud.gov/program_offices/ Marine Highway Project Designation activities. public_indian_housing/programs/ph/cn. application may be referenced, updated, iii. Project Location 7 The Department will consider a project to be in an RA if the majority of the project (determined by or described as unchanged. Applicants This section of the application should geographic location(s) where the majority of the will need to clearly demonstrate that the describe the project location, including money is to be spent) is located in an RA. Grant original public benefits outlined in the funds utilized in a UA border, including an a detailed geographical description of intersection with a UA, will be considered urban for original Project Designation application the proposed project, a map of the the purposes of the FY 2021 Marine Highway apply to the specific grant funding project’s location and connections to Grants program. request associated with this notice, and
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27948 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
provide any updates or supplement the Federal, State, and local requirements Applicant is required to certify, in original public benefits, as necessary. To and completion of the NEPA process. writing, the following: the extent referenced, this information (1) That, except as noted in this grant (B) Other Federal, State, and Local need not be resubmitted in support of a application, nothing has changed from Actions Marine Highway Grant application. the original application for formal Applicants should organize their An application must indicate whether designation as a Marine Highway external net cost savings and public the proposed project is likely to require Project; and benefits of the proposed grant project actions by other agencies, indicate the (2) The Eligible Applicant will based on the following six categories: status of such actions, provide a website administer the project and any funds link or other reference to materials received will be spent efficiently and (1) Emissions benefits; (2) Energy savings; submitted to the other agencies, and effectively; and (3) Landside transportation infrastructure demonstrate compliance with other (3) The Eligible Applicant will maintenance savings; Federal, state, or local regulations and provide information, data, and reports (4) Economic competitiveness; permits as applicable. This section as required. (5) Safety improvements; and should also include a description of (F) Protection of Confidential (6) System resiliency and redundancy. whether the project is dependent on, or Commercial Information vi. Other Application Requirements affected by, U.S. Army Corps of Engineers investment and the U.S. Eligible Applicants should submit, as (A) National Environmental Policy Act Army Corps of Engineers planned part of or in support of an application, (NEPA) Requirements activities as it relates to the project. publicly available data or data that can be made public and methodologies that (1) Information about the NEPA status (C) Domestic Preference are accepted by industry practice and of the Project. Projects selected for grant standards to the extent possible. If the award must comply with NEPA and any If a project intends to use any product application includes information that other applicable environmental laws. with foreign content or of foreign origin, the applicant considers to be a trade The application should indicate the this information should be listed and secret or confidential commercial or anticipated NEPA level of review for the addressed in the application. financial information, the applicant project and describe any environmental Applications should expressly address should do the following: (i) Note on the analysis in progress or completed. This how the applicant plans to comply with front cover that the submission contains includes Categorical Exclusion, domestic-preference requirements and ‘‘Confidential Commercial Information Environmental Assessment/Finding of the applicant’s current efforts and (CCI)’’; (ii) mark each affected page No Significant Impact, or Environmental planned efforts to maximize domestic ‘‘CCI’’; and (iii) highlight or otherwise Impact Statement/Record of Decision. content. If an applicant anticipates any denote the CCI portions. MARAD will The applicant should review the potential foreign-content issues with its protect such information from Maritime Administration Manual of proposed project, applications should disclosure to the extent allowed under Orders MAO 600–1 (available at https:// demonstrate that the domestic source is applicable law. In the event MARAD www.maritime.dot.gov/sites/ not available and how that receives a Freedom of Information Act marad.dot.gov/files/docs/environment- determination was achieved. (FOIA) request for the information, security-safety/office-environment/596/ (D) Addressing Climate Change and procedures described in the mao600-001-0.pdf) prior to submission. Decarbonization Department’s FOIA regulation at 49 CFR The application should detail the type In support of Departmental priorities 7.29 will be followed. Only information of NEPA review underway, where the and objectives related to climate change, that is ultimately determined to be project is in the process, provide a including maritime transportation confidential under those procedures website link or other reference to copies decarbonization, applications should will be exempt from disclosure under of any environmental documents address whether the proposed grant FOIA. prepared, and indicate the anticipated project demonstrates a movement (G) Additional Application Information date of completion of all milestones and towards lower carbon emissions or near- Needed From Private-Sector Applicants of the final NEPA determination. If the zero emissions. This may include, but is last agency action with respect to NEPA not limited to: (1) Written referral from the original documents occurred more than three successful Project Applicant stating that years before the application date, the (1) The use of alternative, low carbon fuels for vessels or cargo handling equipment; the private entity has been referred by applicant should describe why the the original Project Applicant for the project has been delayed and include a (2) The use of alternative technologies, such as fuels cells, batteries, hybrid systems, relevant designated Marine Highway proposed approach for verifying and, if etc. for vessels or cargo handling equipment; Project. necessary, updating this material in (3) The procurement or leasing of low or (2) A description of the entity accordance with applicable NEPA no emission cargo-handling equipment that including location of the headquarters; requirements. make greater reductions in energy a description of the entity’s assets (tugs, (2) Environmental Permits and consumption and harmful emissions than barges, etc.); years in operation; Reviews. The application should comparable equipment; ownership; customer base; and website (4) The use of port-based alternative energy demonstrate receipt (or reasonably address, if any. anticipated receipt) of all environmental sources such as low carbon-powered microgrids or charging stations; and/or (3) Unique entity identifier of the permits and approvals necessary, (5) Best practices that promote low carbon/ parent company (when applicable): Data including Section 106 of the National energy efficiency cargo movement or Universal Numbering System (DUNS + Historic Preservation Act, 54 U.S.C. handling operations. 4 number). 306108, and Section 7 of the (4) The most recent year-end audited, Endangered Species Act, 16 U.S.C. (E) Certification Requirements reviewed or compiled financial 1531, for the project to proceed on the For an application to be considered statements, prepared by a certified timeline specified in the project for a grant award, the Chief Executive public accountant (CPA), per U.S. schedule, including satisfaction of all Officer, or equivalent, of the Eligible generally accepted accounting
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27949
principles (not tax-based accounting be registered in SAM before applying, matching requirement for any project. financial statements). If CPA prepared provide a valid Unique Entity Identifier Unless authorized by MARAD in financial statements are not available, number in its application, and maintain writing after MARAD’s announcement provide the most recent financial an active SAM registration with current of Marine Highway Grant awards, any statement for the entity. Do not provide information at all times during which it costs incurred prior to MARAD’s tax returns. has an active Federal award or an obligation of funds for a project (‘‘pre- (5) Statement regarding the application or plan under consideration award costs’’) are ineligible for relationship between applicants and any by a Federal awarding agency. reimbursement and are ineligible to parents, subsidiaries or affiliates, if any Applicants may register with the SAM count as match for cost share such entity is going to provide a portion at www.SAM.gov. Applicants can obtain requirements. of the matching funds. a DUNS number at http:// Federal award recipients and sub- (6) Evidence documenting applicant’s fedgov.dnb.com/webform. If an recipients are prohibited from obligating ability to make proposed matching applicant has not fully complied with or expending grant funds to procure or requirement (loan agreement, the requirements by the time MARAD is obtain; extend or renew a contract to commitment from investors, cash on ready to make an award, MARAD may procure or obtain; or enter into a balance sheet, etc.). determine that the applicant is not contract (or extend or renew a contract) (7) Pro-forma financial statements qualified to receive a Federal award to procure or obtain equipment, reflecting financial condition at under this program. services, or systems that uses covered beginning of period; effect on balance telecommunications equipment or 4. Submission Dates and Times sheet of grant and matching funds (e.g., services as a substantial or essential a decrease in cash or increase in debt, Applications must be received by 5:00 component of any system, or as critical additional equity and an increase in p.m. EDT on June 25, 2021. To submit technology as part of any system. See fixed assets); and impact on company’s an application through Grants.gov, Section 889 of Public Law 115–232 projected financial condition (balance applicants must: (National Defense Authorization Act for sheet) of completion of project, showing i. Obtain a Data Universal Numbering Fiscal Year 2019) and 2 CFR 200.216 & that company will have sufficient System (DUNS) number; 200.471. financial resources to remain in ii. Register with the System for Award business. Management (SAM) at www.SAM.gov; 6. Other Submission Requirements (8) Statement whether during the past iii. Create a Grants.gov username and Grant applications must be submitted five years, the applicant or any password; and electronically using Grants.gov (https:// predecessor or related company has iv. Complete Authorized Organization www.grants.gov). been in bankruptcy or in reorganization Representative (AOR) registration in Grants.gov. Late applications that are the result of under Chapter 11 of the Bankruptcy failure to register or comply with Code, or in any insolvency or The E-Business Point of Contact Grants.gov application requirements in reorganization proceedings, and (POC) at the applicant’s organization a timely manner will not be considered. whether any substantial property of the must respond to the registration email Applicants experiencing technical applicant or any predecessor or related from Grants.gov and login at Grants.gov issues with Grants.gov that are beyond company has been acquired in any such to authorize the applicant as the AOR. the applicant’s control must contact proceeding or has been subject to Please note that there can be more than [email protected] or Fred Jones at 202–366– foreclosure or receivership during such one AOR for an organization. 1123 prior to the deadline with the user period. If so, give details. Please note that the Grants.gov name of the registrant and details of the (9) Additional information may be registration process usually takes 2–4 technical issue experienced. The requested as deemed necessary by weeks to complete and the Department applicant must provide: (i) Details of the MARAD to facilitate and complete its will not consider late applications that technical issue experienced; (ii) screen review of the application. If such are the result of a failure to register or capture(s) of the technical issue information is not provided, MARAD comply with Grants.gov applicant experienced along with the may deem the application incomplete requirements in a timely manner. For corresponding ‘‘Grant tracking number’’ and cease processing it. information and instruction on each of that is provided via Grants.gov; (iii) the (10) Company Officer’s certification of these processes, please see instructions ‘‘Legal Name’’ for the applicant that was each of the following: at https://www.grants.gov/applicants/ provided in the SF–424; (iv) the name i. That the company operates in the applicant-faqs.html. If applicants and contact information for the person geographic location of the designated experience difficulties at any point to be contacted on matters involving Marine Highway Project; during the registration or application submission that is included on the SF– ii. That the applicant has the process, please call the Grants.gov 424; (v) the DUNS number associated authority to carry out the proposed Customer Service Support Hotline at 1 with the application; and (vi) the project; and (800) 518–4726, Monday–Friday from Grants.gov Help Desk Tracking Number. iii. That the applicant has not, and 7:00 a.m. to 9:00 p.m. ET. will not make any prohibited payments E. Application Review Information out of the requested grant, in accordance 5. Funding Restrictions 1. Selection Criteria with the Department of Transportation’s Grant funds may only be used for the regulation restricting lobbying, 49 CFR purposes described in this notice and This section specifies the criteria that part 20. may not be used as an operating MARAD will use to evaluate and award subsidy. Market-related studies are applications for Marine Highway 3. Unique Entity Identifier and System ineligible for Marine Highway Grant Grants. These criteria incorporate the for Award Management (SAM) funds, as are improvements to Federally statutory requirements for this program, MARAD will not make an award to an owned facilities. as well as Departmental and applicant until the applicant has MARAD will not consider previously programmatic priorities. complied with all applicable DUNS and incurred costs or previously expended When reviewing grant applications, SAM requirements. Each applicant must or encumbered funds towards the MARAD will consider how the
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27950 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
proposed service could satisfy, in whole Zone, Empowerment Zone, Promise obligation of funds. Instead, Marine or in part, 46 U.S.C. 55601(b)(1) and (3) Zone, or Choice Neighborhood. Highway Grant funds will reimburse and the following criteria found at 46 recipients only after a grant agreement 2. Review and Selection Process U.S.C. 55601(g)(2)(B): has been executed, allowable expenses i. The project is financially viable; Upon receipt, MARAD will conduct a are incurred, and a valid request for ii. The funds received will be spent technical review to evaluate the reimbursement has been submitted. efficiently and effectively; and application using the criteria outlined Marine Highway Grant recipients must iii. A market exists for the services of the above. Upon completion of the technical adhere to applicable requirements and proposed project as evidenced by contracts or review, MARAD will forward the follow established procedures to receive written statements of intent from potential applications to an inter-agency review reimbursement. Unless authorized in customers. team (Intermodal Review Team). The writing by MARAD, an expense MARAD will also consider how the Intermodal Review Team will include incurred before a grant agreement is proposed request for funding outlined members of MARAD, other Department executed will not be reimbursed or in the grant application supports the of Transportation Operating count towards cost share requirements. elements of 46 CFR 393.3(c)(8) (Public Administrations, and representatives 2. Administrative and National Policy benefits) as a key programmatic from the Office of the Secretary of Requirements objective. Transportation. The Intermodal Review All awards must be administered In awarding grants under the program, Team will assign ratings of ‘‘highly pursuant to the ‘‘Uniform MARAD will give preference to those recommended,’’ ‘‘recommended,’’ ‘‘not Administrative Requirements, Cost projects or components that present the recommended,’’ ‘‘incomplete,’’ or ‘‘not Principles, and Audit Requirements for most financially viable marine highway eligible’’ for each application based on Federal Awards’’ found at 2 CFR part transportation services and require the the criteria set forth above. The 200, as adopted by the Department at 2 lowest total percentage Federal share of Intermodal Review Team will provide CFR part 1201. Federal wage rate the costs. its findings to the Program Office. The requirements included at 40 U.S.C. After applying the above criteria, in Program Office will use those findings to inform the recommendations that will 3141–3148 apply to all projects support of Departmental priorities receiving funds under this program and related to climate change, including be made to the Maritime Administrator and the Secretary. apply to all parts of the project, whether advancing the goals outlined in funded with Federal funds or non- Executive Order 13990, Protecting 3. Federal Awardee Performance and Federal funds. Additionally, all Public Health and the Environment and Integrity Information System (FAPIIS) applicable Federal laws and regulations Restoring Science to Tackle the Climate Check will apply to projects that receive Crisis (86 FR 7037, January 25, 2021). MARAD is required to review and Marine Highway Grants. Applicants are encouraged to describe As expressed in Executive Order credible planning activities and actions consider any information about the applicant that is in the designated 14005, Ensuring the Future is Made in to resolve potential inequities and All of America by All of America’s barriers to equal opportunity in the integrity and performance system accessible through SAM (currently Workers (86 FR 7475, January 28, 2021), project as reflected in Executive Order it is the policy of the executive branch 13985, Advancing Racial Equity and FAPIIS) (see 41 U.S.C. 2313). An applicant, at its option, may review to use terms and conditions of Federal Support for Underserved Communities financial assistance awards to Through the Federal Government. information in the designated integrity and performance systems accessible maximize, consistent with law, the use MARAD may give preference to grant of goods, products, and materials through SAM and comment on any projects that demonstrate a movement produced in, and services offered in, the information about itself that a Federal towards lower carbon emissions or near- United States. Consistent with the awarding agency previously entered and zero emissions. This may include, but is requirements of section 410 of Division is currently in the designated integrity not limited to: L—Transportation, Housing and Urban and performance system accessible (A) The use of alternative, low carbon Development, and Related Agencies through SAM. MARAD will consider fuels for vessels or cargo handling Appropriations Act, 2021 (Pub. L. 116– any comments by the applicant, in equipment; 260, December 27, 2020), the Buy addition to the other information in the (B) The use of alternative American requirements of 41 U.S.C. designated integrity and performance technologies, such as fuels cells, Chapter 83 apply to funds made system, in making a judgment about the batteries, hybrid systems, etc. for vessels available under this notice, and all applicant’s integrity, business ethics, or cargo handling equipment; award recipients must apply, comply and record of performance under (C) The procurement or leasing of low with, and implement all provisions of Federal awards when completing the or no emission cargo-handling the Buy American Act and related review of risk posed by applicants. equipment that make greater reductions provisions in the grant agreement when in energy consumption and harmful F. Federal Award Administration implementing Marine Highway Grant emissions than comparable equipment; Information projects. Depending on other funding (D) The use of port-based alternative streams, the project may be subject to 1. Federal Award Notices energy sources such as low carbon- separate ‘‘Buy America’’ requirements. powered microgrids or charging Following the evaluation outlined in In connection with any program or stations; and/or section E, the Secretary will announce activity conducted with or benefiting (E) Best practices that promote low the selected grant award recipients. The from funds awarded under this notice, carbon/energy efficiency cargo award announcement will be posted on recipients of funds must comply with movement or handling operations. the MARAD website (https:// all applicable requirements of Federal MARAD may also consider whether a www.maritime.dot.gov). law, including, without limitation, the project is located within a Federally Recipients of an award will not Constitution of the United States; the designated community development receive a lump-sum cash disbursement conditions of performance, zone such as a Qualified Opportunity at the time of award announcement or nondiscrimination requirements, and
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27951
other assurances made applicable to the after the project is completed, and will be posted on the NEMSAC internet award of funds in accordance with MARAD does not provide Marine website at EMS.gov at least one week in regulations of the Department of Highway Grant funding specifically for advance of the meeting. Transportation; and applicable Federal performance reporting. FOR FURTHER INFORMATION CONTACT: financial assistance and contracting G. Federal Awarding Agency Contacts Clary Mole, EMS Specialist, U.S. principles promulgated by the Office of Department of Transportation, at Management and Budget. In complying To ensure applicants receive accurate [email protected] or 202.366.2795. with these requirements, recipients, in information about eligibility, the Any committee related requests should particular, must ensure that no program, or in response to other be sent to the person listed in this concession agreements are denied or questions, applicants are encouraged to section. other contracting decisions made on the contact MARAD directly, rather than SUPPLEMENTARY INFORMATION: basis of speech or other activities through intermediaries or third parties. protected by the First Amendment. If Please see contact information in the I. Background the Department determines that a FOR FURTHER INFORMATION CONTACT The NEMSAC was established recipient has failed to comply with section above. pursuant to Section 31108 of the applicable Federal requirements, the * * * * * Moving Ahead for Progress in the 21st Department may terminate the award of By Order of the Acting Maritime Century (MAP–21) Act of 2012, under funds and disallow previously incurred Administrator. the Federal Advisory Committee Act. costs, requiring the recipient to T. Mitchell Hudson, Jr., The purpose of NEMSAC is to serve as reimburse any expended award funds. Secretary, Maritime Administration. a nationally recognized council of emergency medical services (EMS) 3. Reporting [FR Doc. 2021–10914 Filed 5–21–21; 8:45 am] representatives to provide advice and Award recipients are required to BILLING CODE 4910–81–P consult with: submit quarterly reports, signed by an a. The Federal Interagency Committee officer of the recipient, to the Program on Emergency Medical Services Office to keep MARAD informed of all DEPARTMENT OF TRANSPORTATION (FICEMS) on matters relating to EMS activities during the reporting period. issues; and The reports will indicate progress made, National Highway Traffic Safety Administration b. The Secretary of Transportation on planned activities for the next reporting matters relating to EMS issues affecting period, and a listing of any purchases [DOT–NHTSA–2020–104] DOT. made with grant funds during the The NEMSAC provides an important reporting period. In addition, the report National Emergency Medical Services national forum for the non-Federal will include an explanation of any Advisory Council Notice of Public deliberation of national EMS issues and deviation from the projected budget and Meeting serves as a platform for advice on DOT’s timeline. Quarterly reports will also AGENCY: national EMS activities. NEMSAC also contain, at a minimum, the following: (i) National Highway Traffic Safety Administration, U.S. Department provides advice and recommendations A statement as to whether the award to the FICEMS. NEMSAC is authorized recipient has used the grant funds of Transportation (DOT). ACTION: Notice of public meeting. under Section 31108 of the MAP–21 Act consistent with the terms contemplated of 2012, codified at 42 U.S.C. 300d–4. in the grant agreement; (ii) if applicable, SUMMARY: This notice announces a II. Agenda a description of the budgeted activities meeting of the National Emergency not procured by recipient; (iii) if Medical Services Advisory Council At the meeting, the agenda will cover applicable, the rationale for recipient’s (NEMSAC). the following topics: failure to execute the budgeted • Updates from Federal Emergency activities; (iv) if applicable, an DATES: The meeting will be held August 11–12, 2021, from 9:00 a.m. to 5:00 p.m. Services Liaisons explanation as to how and when • Updates on the FICEMS Initiatives recipient intends to accomplish the EDT. • Requests to attend the meeting must Updates on NHTSA Initiatives purposes of the grant agreement; and (v) • Committee Reports a budget summary showing funds be received by August 6, 2021. expended since commencement, Requests for accommodations to a III. Public Participation anticipated expenditures for the next disability must be received by August 6, The meeting will be open to the reporting period, and expenditures 2021. public. Members of the public who wish compared to overall budget. If you wish to speak during the to attend in person must RSVP to the meeting, you must submit a written Award recipients will also collect person listed in the FOR FURTHER copy of your remarks to DOT by August information and report on the project’s INFORMATION CONTACT section with your observed performance with respect to 6, 2021. name and affiliation. the relevant long-term outcomes that are Requests to submit written materials The U.S. Department of expected to be achieved through the to be reviewed during the meeting must Transportation is committed to project. Performance indicators will not be received no later than August 6, providing equal access to this meeting include formal goals or targets, but will 2021. for all participants. If you need include observed measures under ADDRESSES: The meeting will be held alternative formats or services because baseline (pre-project) as well as post- virtually (depending on the status of the of a disability, such as sign language, implementation outcomes for an agreed- Coronavirus Disease 2019 (COVID–19) interpretation, or other ancillary aids, upon timeline, and will be used to pandemic) or at the U.S. Department of please contact the person listed in the evaluate and compare projects and Transportation, 1200 New Jersey FOR FURTHER INFORMATION CONTACT monitor the results that grant funds Avenue SE, Washington, DC 20590. section no later than the deadline listed achieve to the intended long-term Copies of the meeting minutes will be in the DATES section. outcomes of the AMHP. Performance available on the NEMSAC internet There will be a thirty (30) minute reporting continues for several years website at EMS.gov. The detailed agenda period allotted for comments from
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27952 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
members of the public joining the information and to allow 60 days for FOR FURTHER INFORMATION CONTACT: meeting. To accommodate as many public comment in response to the Elizabeth Mazzae, Applied Crash speakers as possible, the time for each notice. The proposed collection of Avoidance Research Division, Vehicle commenter may be limited. Individuals information supports research Research and Test Center, NHTSA, wishing to reserve speaking time during addressing safety-related aspects of 10820 State Route 347—Bldg. 60, East the meeting must submit a request at the drivers’ use of camera-based rear Liberty, Ohio 43319; Telephone (937) time of registration, as well as the name, visibility systems intended to serve as a 666–4511; Facsimile: (937) 666–3590; address, and organizational affiliation of replacement for traditional mirrors. On email address: elizabeth.mazzae@ the proposed speaker. If the number of August 28, 2019, NHTSA published a dot.gov. registrants requesting to make notice in the Federal Register Notice SUPPLEMENTARY INFORMATION: Under the statements is greater than can be soliciting public comments with a 60- Paperwork Reduction Act of 1995 (44 reasonably accommodated during the day comment period. NHTSA received U.S.C. 3501–3520), before an agency meeting, the NHTSA office of EMS may 22 public comments submitted to the submits a proposed collection of conduct a lottery to determine the docket and one additional comment information to OMB for approval, it speakers. Speakers are requested to submitted via email. Given the extended must first publish a document in the submit a written copy of their prepared time period since the initial publication Federal Register providing a 60-day remarks for inclusion in the meeting of that notice, NHTSA is publishing this comment period and otherwise consult records and for circulation to NEMSAC new 60-day notice. This new notice with members of the public and affected members. All prepared remarks addresses comments received on the agencies concerning each proposed submitted on time will be accepted and original 60-day notice relevant to the collection of information. The OMB has considered as part of the record. Any current study design. promulgated regulations describing member of the public may present a DATES: Comments must be received on what must be included in such a written statement to the committee at or before July 23, 2021. document. Under OMB’s regulation (at any time. ADDRESSES: You may submit comments 5 CFR 1320.8(d)), an agency must ask Authority: 42 U.S.C. 300d–4(b); 49 CFR identified by the docket number in the for public comment on the following: (i) part 1.95(i)(4). heading of this document or by any of Whether the proposed collection of Issued in Washington, DC. the following methods: information is necessary for the proper • Nanda Narayanan Srinivasan, Federal eRulemaking Portal: Go to performance of the functions of the Associate Administrator, Research and http://www.regulations.gov. Follow the agency, including whether the Program Development. instructions for submitting comments information will have practical utility; [FR Doc. 2021–10810 Filed 5–21–21; 8:45 am] on the electronic docket site by clicking (ii) the accuracy of the agency’s estimate on ‘‘Help’’ or ‘‘FAQ’’. of the burden of the proposed collection BILLING CODE 4910–59–P • Mail or Hand Delivery: Docket of information, including the validity of Management, U.S. Department of the methodology and assumptions used; DEPARTMENT OF TRANSPORTATION Transportation, 1200 New Jersey (iii) how to enhance the quality, utility, Avenue SE, West Building, Room W12– and clarity of the information to be National Highway Traffic Safety 140, Washington, DC 20590, between 9 collected; (iv) how to minimize the Administration a.m. and 5 p.m., Monday through burden of the collection of information Friday, except on Federal holidays. To on those who are to respond, including [Docket No. NHTSA–2019–0082] be sure someone is there to help you, the use of appropriate automated, Agency Information Collection please call (202) 366–9322 before electronic, mechanical, or other coming. technological collection techniques or Activities; Notice and Request for • Comment; Drivers’ Use of Camera- Fax: 202–493–2251. other forms of information technology, Based Rear Visibility Systems Versus Instructions: Each submission must e.g., permitting electronic submission of Traditional Mirrors include the Agency name and the responses. In compliance with these Docket number for this Notice. Note that requirements, NHTSA asks for public AGENCY: National Highway Traffic all comments received will be posted comments on the following proposed Safety Administration (NHTSA), without change to www.regulations.gov, collection of information: Department of Transportation (DOT). including any personal information Title: Drivers’ Use of Camera-Based ACTION: Notice and request for provided. Please see the Privacy Rear Visibility Systems Versus comments on a request for approval of heading below. Traditional Mirrors. a new collection of information. Privacy Act: Anyone is able to search OMB Control Number: New. the electronic form of all comments Form Numbers: NHTSA forms 1553, SUMMARY: The National Highway Traffic received into any of our dockets by the 1554, 1555, 1556, 1557, 1558. Safety Administration (NHTSA) is re- name of the individual submitting the Type of Request: New collection. issuing an announcement of our comment (or signing the comment, if Type of Review Requested: Regular. intention to request the Office of submitted on behalf of an association, Requested Expiration Date of Management and Budget’s (OMB) business, labor union, etc.). You may Approval: Three years from date of approval of a proposed collection of review DOT’s complete Privacy Act approval. certain information by the Agency. Statement in the Federal Register Summary of the Collection of Before a Federal agency can collect published on April 11, 2000 (65 FR Information: certain information from the public, it 19477–78) or you may visit http:// NHTSA proposes to perform research must receive approval from OMB. www.dot.gov/privacy.html. involving the collection of information Procedures established under the Docket: For access to the docket to from the public as part of a multi-year Paperwork Reduction Act of 1995 (the read comments received, go to http:// effort to learn about drivers’ use of PRA) require Federal agencies to www.regulations.gov, or the street camera-based indirect visibility systems publish a notice in the Federal Register address listed above. Follow the online as compared to their use of traditional concerning each proposed collection of instructions for accessing the dockets. rearview mirrors. This research is
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27953
focused on examination of passive will be conducted for passenger cars Research Study Interest Response Form, camera-based rear visibility systems, and heavy trucks. (2) Question Set 2, Candidate Screening, which are systems intended to perform Since qualitative feedback or self- (3) passive observation of driving the same function as traditional mirrors: reported data is not sufficiently robust behavior, and (4) Question Set 3, Post- Displaying areas surrounding the for the purpose of investigating driver Drive Questionnaire: Drive with vehicle. Systems performing detection performance and interaction issues with Camera-Monitoring System, (5) of objects within the system’s field of advanced vehicle technologies, the Question Set 4, Post-Drive view and providing visual or other primary type of information to be Questionnaire: Drive with Traditional alerts to the driver are not being collected in this research is objective Mirrors, (6) Question Set 5, Post-Drive examined in this research. data consisting of video and engineering Questionnaire Final Opinions. The research will involve human data recorded as participants drive The information to be collected will subjects testing involving driving instrumented study vehicles. Recorded be used for the following purposes: instrumented vehicles on a test track objective data will include driver eye • Question Set 1, Driving Research and public roads. Testing will also be glance behavior and lane change Study Interest Response Form will performed with participants seated in a performance. Eye glance behavior will be used to determine individuals’ stationary vehicle while detecting reveal how drivers’ visual behavior in a willingness to participate in the nearby objects using a vehicle’s mirrors vehicle equipped with a camera-based study and whether an individual or a camera-based system. Study rear visibility system differs from qualifies for participation in this participants will be members of the drivers’ visual behavior in a vehicle study based on certain information. general public and participation will be equipped with traditional outside For example, participants must: mirrors. Lane change performance will Æ Be 25 to 65 years of age, inclusive voluntary and compensated. The goal is Æ to characterize drivers’ eye glance be characterized based on vehicle speed, For drivers of passenger cars: Hold inter-vehicle distances during lane a valid U.S. driver’s license behavior, visual object detection Æ performance, and driving performance changes, and time to complete lane For drivers of heavy trucks: Hold a while operating a vehicle equipped with changes. Lane change performance in a valid U.S. commercial driver’s license • Question Set 2, Candidate Screening traditional outside mirrors versus a vehicle equipped with a camera-based Questions will be primarily used to vehicle equipped with a camera-based rear visibility system will be compared ensure that participants meet visibility system in place of vehicle to lane change performance observed in a vehicle equipped with traditional certain minimum health mirrors. Stationary examination of qualifications, are free of recent drivers’ ability to detect objects near a outside mirrors. Vehicles will be fitted with instrumentation for recording criminal convictions, and have vehicle will also be conducted. This reasonable availability to research will support NHTSA decisions driver eye glance behavior, as well as vehicle speed, position, steering angle, participate in the study. The relating to safe implementation of objective of the health screening electronic visibility technologies that and turn signal status. This research will also involve questions is to identify candidate may be considered for use as information collection through participants whose physical and alternatives to meet Federal Motor participant screening questions and health conditions may be deemed Vehicle Safety Standard (FMVSS) No. post-drive questionnaires. Questions ‘‘average’’ and are compatible with 111 mirror requirements. will be asked during the course of the being able to drive continuously for Research participants will be research to assess individuals’ up to 3 hours a vehicle equipped members of the public, non-vision- suitability for study participation, to with only original equipment impaired, and licensed car drivers and/ obtain feedback regarding participants’ components. 1 or truck drivers. Participants will drive use of the camera-based rear visibility • Question Set 3, Post-Drive a test vehicle equipped with a camera- systems, and to gauge individuals’ level Questionnaire will be used to get based system in place of outside of comfort with and confidence in the information about the participants’ rearview mirrors, an original equipment technologies’ performance and safety. experiences during the outside rearview mirror system, or a Description of the Need for the experimental drive, including their combination of both. The research will Information and Proposed Use of the degree of comfort in using the involve track-based and on-road, semi- Information: camera-based system. There will be naturalistic driving in which The National Highway Traffic Safety different versions of the participants will drive vehicles in multi- Administration’s (NHTSA) mission is to questionnaire for light vehicle and lane traffic scenarios while using the save lives, prevent injuries, and reduce truck drivers, but both will be outside rearview mirrors or alternative economic costs associated with motor designed to require not more than system during lane changes and other vehicle crashes. As new vehicle 15 minutes to complete all typical driving situations. A portion of technologies are developed, it is questions. Participants will testing will take place in dark (i.e., prudent to ensure that they do not complete the Question Set 3 post- nighttime or early morning) driving create any unintended decrease in drive questionnaire one time for conditions to permit examination of safety. The safety of passive visibility- mirrors and one time for the system performance and drivers’ use of related technologies depends on both camera-based rear visibility system. systems in those conditions. As noted the performance of the systems and on Affected Public (Respondents): above, a portion of the testing will also drivers’ ability to effectively and Research participants will be licensed take place with the vehicle stationary. comfortably use the systems. This work drivers aged 25 to 65 years of age, Separate, but similar data collections seeks to examine and compare drivers’ inclusive, are in good health, and do not eye glance behavior and aspects of require assistive devices to safely 1 Should this initial research determine average- driving behavior for traditional mirrors operate a vehicle and drive sighted drivers perform at least as well driving with and camera-based systems intended to continuously for a period of camera-based systems as with traditional outside mirrors, NHTSA will consider what remaining replace rearview mirrors. approximately 3 hours. issues may warrant research with regard to sight- The collection of information will Estimated Number of Respondents: impaired drivers. consist of: (1) Question Set 1, Driving The data collection will have two parts:
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27954 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
one involving light vehicles that will determination of which individuals participation. Both data collection parts begin immediately upon receipt of PRA have the necessary characteristics for together will involve approximately 750 clearance and a second, subsequent part study participation. All interested respondents for Question Set 1 and 325 will involve heavy trucks. The second candidates will complete Question Set for Question Set 2. Question Sets 3, 4, part of the data collection will have the 1, Driving Research Study Interest and 5 will each have 150 respondents of same general approach involving Response Form. A subset of individuals which 110 will be assigned to the light assessment of eye glance behavior and meeting the criteria for Question Set 1 vehicle category and 40 to the heavy lane change performance as a function will be asked to complete Question Set vehicle category. A summary of the of visibility technology (i.e., camera- 2, Candidate Screening Questions. From estimated numbers of individuals that based system or traditional rearview the individuals found to meet the will complete the noted question sets criteria for both Questions Sets 1 and 2, mirrors). across both the first and second data Information for both parts of the data a subset will be chosen with the goal of collection parts is provided in the collection will be obtained in an achieving a sample providing a balance incremental fashion to permit the of age and sex to be scheduled for study following table.
ESTIMATED NUMBER OF RESPONDENTS
Participants Question set No. NHTSA form No. Questions (i.e., respondents)
1 ...... 1553 Interest Response Form ...... 750 2 ...... 1554 Candidate Screening Questions ...... 375 3 ...... 1556 Post-drive Questionnaire: Drive with Camera-Monitoring System ...... 200 4 ...... 1557 Post-drive Questionnaire: Drive with Traditional Mirrors ...... 200 5 ...... 1558 Post-Drive Questionnaire Final Opinions ...... 200
Frequency of Collection: The data take approximately 7 minutes for data collection parts are summarized in collection described will be performed Question Set 2, Candidate Screening the table below. The number of once to obtain the target number of 180 Questions. Completion of Question Sets respondents and time to complete each valid test participants. Assuming typical 3 and 4, Post-Drive Questionnaire: Drive question set are estimated as shown in data loss rates for instrumented vehicle with Traditional Mirrors for light or the table. The time per question set is testing with human subjects, it is heavy vehicles, is estimated to take 10 calculated by multiplying the number of anticipated that 200 participants will minutes for each survey for a combined respondents by the time per response need to be run in order to obtain 180 total of 20 minutes per participant. and then converting from minutes to valid participant datasets. Estimated completion time for the final hours. The hour value for each question Estimated Total Annual Burden opinions questions for both parts of the set is multiplied by the latest average Hours: 190 hours. data collection is 5 minutes and each hour earning estimate from the Bureau Completion of Question Set 1, Driving participant will compete the of Labor Statistics 2 to obtain an Research Study Interest Response Form questionnaire two times. is estimated to take approximately 5 The estimated annual time and cost estimated burden cost per question set. minutes and completion is estimated to burdens across both the first and second ESTIMATED TIME PER RESPONSE AND TOTAL TIME
Participants Time per Total Question NHTSA Question set titles (i.e., response Total time burden time Total cost set No. form No. respondents) (minutes) (minutes) (hours)
1 ...... 1553 Interest Response Form ...... 750 5 3750 63 $1,784.16 2 ...... 1554 Candidate Screening Questions ...... 375 7 2625 44 1,246.08 3 ...... 1556 Post-Drive Questionnaire: Drive with Camera Monitoring System 200 10 2000 33 934.56 4 ...... 1557 Post-Drive Questionnaire: Drive with Traditional Mirrors ...... 200 10 2000 33 934.56 5 ...... 1558 Post-Drive Questionnaire Final Opinions ...... 200 5 1000 17 481.44
Total Estimated Burden ...... 11,375 190 5,380.80
Estimated Total Annual Burden Cost: including 8 organizations and 15 supportive of the research. No NHTSA estimates that there are no individuals. Organizations submitting comments addressed the specific additional costs to respondents. comments included American Bus questions to be asked of participants. Comments Received on the Original Association (ABA), Automotive Safety Several suggestions for expanding the 60-Day Notice: On August 28, 2019, Council, Commercial Vehicle Safety research were provided. These NHTSA published a 60-day notice Alliance (CVSA), Lotus Cars Ltd., suggestions are summarized briefly requesting public comment on the Greyhound Lines, Inc., Stoneridge Inc., below, together with NHTSA’s response. proposed collection of information.3 We Volvo Group, and ZF North America, 1. Some commenters recommended received comments from 23 entities, Inc. Of the 23 commenters, 17 were that the vehicle types to be examined be
2 Bureau of Labor Statistics Feb. 2019 Average Statistics estimates that for private industry Compensation-March 2019, (Assessed 7/31/2019 at Hourly Earnings data for ‘‘Total Private,’’ $27.66 workers, wages represent 70.1% of total https://www.bls.gov/news.release/pdf/ecec.pdf). (Accessed 3/8/2019 at https://www.bls.gov/ compensation. Employer Costs for Employee 3 84 FR 45209 (August 28, 2019). news.release/empsit.t19.htm.) The Bureau of Labor
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27955
expanded. Greyhound Lines, Inc. and for driving. Additionally, the be undertaken to examine alternative Volvo Group requested that NHTSA Automotive Safety Council requested system configurations. include over-the-road (coach) buses and we include blind in one eye, elderly, 10. Some commenters requested that transit buses in the heavy vehicle and limited-mobility drivers. NHTSA’s particular system characteristics be testing. American Bus Association immediate approach is to gather examined in this work. ZF North requested that we expand this research information to determine whether America suggested that NHTSA to include all types of commercial motor camera-based rear visibility systems consider adding embedded image vehicles, including both property- and should be allowed as an alternative to processing functions and technology to passenger-carrying light vehicles. While current FMVSS No. 108 outside mirror camera-based rear visibility systems to it is not possible to include all vehicle requirements. We anticipate traditional avoid poor visibility issues, including types in the current research effort, mirror equipment to continue to be weather and lighting conditions that NHTSA will consider these other available for human-operated vehicles could deteriorate field of view. Two vehicle types for inclusion in for the foreseeable future. As such, this commenters, including ZF North subsequent work. research will assess how average-sighted America, Inc., recommended drivers be 2. The Automotive Safety Council drivers are able to use camera-based offered a level of control over the also recommended that we evaluate the systems as compared to traditional cameras, such as camera panning and impact of different ambient light levels outside mirrors when driving and zoom. ZF North America, Inc. also (e.g., day and night conditions). NHTSA determine whether these systems, at a suggested that the camera and visual notes that the research will involve minimum, do not decrease safety for the display be placed at the same height on observation of drivers’ eye glance majority of drivers. Should this initial the vehicle to avoid driver behavior and use of camera-based research determine average-sighted disorientation. As stated above, the visibility systems during daytime and drivers perform at least as well driving systems to be involved in this research nighttime conditions. with camera-based systems as with will be limited to those available for 3. The Automotive Safety Council traditional outside mirrors, NHTSA will lease from automotive manufacturers or also requested drivers be given enough consider what remaining issues may suppliers during the term of this work. time to get acclimated to using the warrant research with regard to sight- 11. Commercial Vehicle Safety camera-based rear visibility systems. In impaired drivers. Alliance (CVSA) requested that NHTSA conducting the research NHTSA will 7. The Automotive Safety Council consider the non-driving related safety consider driver acclimation time to the suggested we identify the benefits of a impacts of replacing mirrors with extent possible. larger field of view, such as camera-based rear visibility systems in 4. The Automotive Safety Council improvements in blind spot detection, the context of law enforcement and recommended that this study attempt to especially for limited-mobility drivers. roadside inspections. For example, law understand driver preference for The characteristics of camera-based enforcement officers use traditional monitor size and position, and the visibility systems involved in this mirrors to enforce safety regulations like impact of system frame rate or latency. research will be limited to production or seatbelt use and traditional mirrors help The Automotive Safety Council also prototype systems available to NHTSA ensure inspector safety during roadside suggested we investigate reaction times for lease or purchase during the period inspections. Additionally, CVSA also associated with various monitor layouts of performance of the research project. requested NHTSA consider vehicle (assumed to mean visual display It is unlikely that technology options width laws before replacing mirrors mounting locations). Systems to be will be available that would allow for with camera-based rear visibility involved in the research will be objective testing needed to fully systems. NHTSA’s initial research will production or industry-developed consider these issues. focus on whether drivers are able to prototype designs. As such, the system 8. The Automotive Safety Council safely use camera-based systems that configurations to be tested will be also suggested examining the use of provide direct replacement for required constrained by the particular systems different cues to determine the most outside mirror equipment. Should the that NHTSA is able to obtain for this effective way to get the drivers’ initial review find camera-based research. attention. However, the type of system systems to be a reasonable alternative to 5. The Automotive Safety Council to be examined in this research does not traditional outside mirrors, additional suggested the study include measures of involve provision of any type of driver impacts of allowing such electronic eye glance behavior and mental effort, alert. Camera-based rear visibility systems will be considered. and evaluate the time and effort needed systems to be examined in this research All of the 15 individuals who for the driver to refocus from exterior are those intended to perform a function submitted comments addressed their objects to the visual display of a camera- equivalent to traditional mirrors. preference for or against allowing based rear visibility system. NHTSA is Performing detection of objects within camera-based rear visibility systems interested in learning about whether the system’s field of view and providing rather than indicating whether they average drivers are able to refocus and visual or other alerts to the driver, support the conduct of the proposed extract information from a camera-based similar to a blind spot monitoring research and content of the information system’s visual display as compared to system, is not a function being collection. Three commenters stated a traditional mirror. The research will examined in this research. camera-based visibility systems should involve at least an initial examination of 9. ZF North America, Inc. suggested be allowed on vehicles but not required. this issue. we investigate an integrated display One individual stated camera-based 6. Recommendations were made to view with the side and rear camera visibility systems should supplement include vision-impaired research systems combined in one display. but never replace traditional mirrors. participants The Automotive Safety NHTSA’s primary goal in this initial Seven individuals indicated their Council and ZF North America, Inc. research is to examine camera-based belief that camera-based rear visibility requested that NHTSA include vision- systems that serve to provide a direct systems have inherent disadvantages as impaired participants requiring replacement for required outside mirror compared to traditional mirrors. The prescription glasses, including far- equipment. Pending the outcome of the disadvantages noted include a sighted drivers who do not wear glasses initial research, additional research may requirement for power, lower reliability,
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27956 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
more limited operating conditions than automated collection techniques or I. Background mirrors, environmental debris on other forms of information technology. The NEMSAC was established camera lens degrades image quality, Authority: The Paperwork Reduction Act pursuant to Section 31108 of the higher cost, a higher likelihood of a of 1995; 44 U.S.C. Chapter 35, as amended; Moving Ahead for Progress in the 21st need for regular maintenance, and more and 49 CFR 1.95. Century (MAP–21) Act of 2012, under difficult maintenance. Additional Issued in Washington, DC. the Federal Advisory Committee Act. concerns noted by commenters about Cem Hatipoglu, The purpose of NEMSAC is to serve as replacing traditional mirrors with a nationally recognized council of camera-based rear visibility systems Associate Administrator for Vehicle Safety Research. emergency medical services (EMS) include: representatives to provide advice and 1. Camera-based rear visibility [FR Doc. 2021–10813 Filed 5–21–21; 8:45 am] BILLING CODE 4910–59–P consult with: systems’ displays will make driving a. The Federal Interagency Committee unsafe, as compared to traditional on Emergency Medical Services mirrors. DEPARTMENT OF TRANSPORTATION (FICEMS) on matters relating to EMS 2. Drivers will not be able to easily issues; and acclimate to using the visual displays of National Highway Traffic Safety b. The Secretary of Transportation on camera-based rear visibility systems and Administration matters relating to EMS issues affecting different display locations (if [DOT–NHTSA–2020–0105] DOT. applicable). The NEMSAC provides an important 3. Camera-based rear visibility National Emergency Medical Services national forum for the non-Federal systems and new technology will Advisory Council Notice of Public deliberation of national EMS issues and further remove the human from the Meeting serves as a platform for advice on DOT’s driving task. national EMS activities. NEMSAC also 4. Concerns about camera-based rear AGENCY: National Highway Traffic provides advice and recommendations visibility systems’ ability to function Safety Administration (NHTSA), to the FICEMS. NEMSAC is authorized reliably and that cameras requiring Department of Transportation (DOT). under Section 31108 of the MAP–21 Act power can fail unexpectedly and cause ACTION: Notice of public meeting. of 2012, codified at 42 U.S.C. 300d–4. a lack of awareness of the drivers’ surroundings, while traditional mirrors SUMMARY: This notice announces a II. Agenda cannot. meeting of the National Emergency At the meeting, the agenda will cover 5. Concerns camera-based rear Medical Services Advisory Council the following topics: visibility systems would be more (NEMSAC). • Updates from Federal Emergency difficult for law enforcement to DATES: The meeting will be held Services Liaisons determine if they are working correctly, November 3–4, 2021, from 9:00 a.m. to • Emergency Services Personnel Safety as compared to traditional mirrors for 5:00 p.m. EST. and Wellness which damage can be easily determined. Requests to attend the meeting must • Information on FICEMS Initiatives In summary, the proposed research is be received by October 29, 2021. • Update on NHTSA Initiatives intended to gather information to Requests for accommodations to a • Committee Reports address the question of whether camera- disability must be received by October III. Public Participation based rear visibility system use is as safe 29, 2021. as that of traditional mirrors through If you wish to speak during the The meeting will be open to the examination of drivers’ eye glance meeting, you must submit a written public on a first-come, first-served basis, behavior and driving performance. copy of your remarks to DOT by October as space is limited. Members of the However, issues such as reliability and 29, 2021. public who wish to attend in person law enforcement impacts are outside of Requests to submit written materials must RSVP to the person listed in the the scope of this initial work. NHTSA to be reviewed during the meeting must FOR FURTHER INFORMATION CONTACT appreciates the feedback and many be received no later than October 29, section with your name and affiliation. relevant suggestions offered regarding 2021. DOT is committed to providing equal additional experimental conditions to access to this meeting for all ADDRESSES: The meeting will be held consider. NHTSA will consider the virtually (depending on the status of the participants. If you need alternative provided suggestions as input for Coronavirus Disease 2019 (COVID–19) formats or services because of a follow-on research programs. pandemic) or at the U.S. Department of disability, such as sign language, Public Comments Invited: You are Transportation, 1200 New Jersey interpretation, or other ancillary aids, asked to comment on any aspects of this Avenue SE, Washington, DC 20590. please contact the person listed in the FOR FURTHER INFORMATION CONTACT information collection, including (a) Copies of the meeting minutes will be whether the proposed collection of available on the NEMSAC internet section no later than the deadline listed information is necessary for the proper website at EMS.gov. The detailed agenda in the DATES section. performance of the functions of the will be posted on the NEMSAC internet There will be a thirty (30) minute Department, including whether the website at EMS.gov at least one week in period allotted for comments from information will have practical utility; advance of the meeting. members of the public joining the (b) the accuracy of the Department’s meeting. To accommodate as many estimate of the burden of the proposed FOR FURTHER INFORMATION CONTACT: speakers as possible, the time for each information collection; (c) ways to Clary Mole, EMS Specialist, DOT, at commenter may be limited. Individuals enhance the quality, utility and clarity [email protected] or 202–366–2795. wishing to reserve speaking time during of the information to be collected; and Any committee related requests should the meeting must submit a request at the (d) ways to minimize the burden of the be sent to the person listed in this time of registration, as well as the name, collection of information on section. address, and organizational affiliation of respondents, including the use of SUPPLEMENTARY INFORMATION: the proposed speaker. If the number of
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27957
registrants requesting to make W12–140, 1200 New Jersey Avenue SE, 2019 GMC Acadia motor vehicles do not statements is greater than can be Washington, DC 20590. fully comply with the requirements of reasonably accommodated during the • Hand Delivery: Deliver comments paragraphs S4.2 and S4.3(a) of FMVSS meeting, the NHTSA office of EMS may by hand to the U.S. Department of No. 302, Flammability of Interior conduct a lottery to determine the Transportation, Docket Operations, M– Materials (49 CFR 571.302). GM filed a speakers. Speakers are requested to 30, West Building Ground Floor, Room noncompliance report dated May 29, submit a written copy of their prepared W12–140, 1200 New Jersey Avenue SE, 2020, pursuant to 49 CFR part 573, remarks for inclusion in the meeting Washington, DC 20590. The Docket Defect and Noncompliance records and for circulation to NEMSAC Section is open on weekdays from 10 Responsibility and Reports. GM members. All prepared remarks a.m. to 5 p.m. except for Federal subsequently petitioned NHTSA on submitted on time will be accepted and holidays. June 19, 2020, for an exemption from considered as part of the record. Any • Electronically: Submit comments the notification and remedy member of the public may present a electronically by logging onto the requirements of 49 U.S.C. Chapter 301 written statement to the committee at Federal Docket Management System on the basis that this noncompliance is any time. (FDMS) website at https:// inconsequential as it relates to motor vehicle safety, pursuant to 49 U.S.C. Authority: 42 U.S.C. 300d–4(b); 49 CFR www.regulations.gov/. Follow the online 1.95(i)(4). instructions for submitting comments. 30118(d) and 30120(h) and 49 CFR part • Comments may also be faxed to 556, Exemption for Inconsequential Nanda Narayanan Srinivasan, (202) 493–2251. Defect or Noncompliance. Associate Administrator, Research and Comments must be written in the This notice of receipt of GM’s petition Program Development. English language, and be no greater than is published under 49 U.S.C. 30118 and [FR Doc. 2021–10811 Filed 5–21–21; 8:45 am] 15 pages in length, although there is no 30120 and does not represent any BILLING CODE 4910–59–P limit to the length of necessary Agency decision or other exercise of attachments to the comments. If judgment concerning the merits of the comments are submitted in hard copy petition. DEPARTMENT OF TRANSPORTATION form, please ensure that two copies are II. Vehicles Involved: Approximately provided. If you wish to receive 166,938 MY 2017–2020 Cadillac XT5, National Highway Traffic Safety confirmation that comments you have MY 2020 Cadillac XT6, and MY 2017– Administration submitted by mail were received, please 2019 GMC Acadia motor vehicles enclose a stamped, self-addressed manufactured between October 29, [Docket No. NHTSA–2020–0068; Notice 1] postcard with the comments. Note that 2015, and March 20, 2020, are all comments received will be posted potentially involved. General Motors LLC, Receipt of III. Noncompliance: GM explains that without change to https:// Petition for Decision of the noncompliance is that subject www.regulations.gov, including any Inconsequential Noncompliance vehicles are equipped with ventilated personal information provided. front seats that do not meet the AGENCY: National Highway Traffic All comments and supporting Safety Administration (NHTSA), flammability requirements set forth in materials received before the close of paragraphs S4.2 and S4.3(a) of FMVSS Department of Transportation (DOT). business on the closing date indicated No. 302. Specifically, when the four ACTION: Receipt of petition. above will be filed in the docket and composite layers of the seat-vent mat will be considered. All comments and assembly are tested separately, one SUMMARY: General Motors LLC, (GM) has supporting materials received after the determined that certain model year composite layer did not meet the burn closing date will also be filed and will rate requirement because it had burn (MY) 2017–2020 Cadillac XT5, MY 2020 be considered to the fullest extent Cadillac XT6, and MY 2017–2019 GMC rates ranging between 186 mm/min to possible. 189 mm/min, therefore, it exceeded the Acadia motor vehicles do not fully When the petition is granted or comply with Federal Motor Vehicle maximum burn rate of 102 mm/min. denied, notice of the decision will also IV. Rule Requirements: Paragraphs Safety Standard (FMVSS) No. 302, be published in the Federal Register S4.2 and S4.3(a) of FMVSS No. 302 Flammability of Interior Materials. GM pursuant to the authority indicated at includes the requirements relevant to filed a noncompliance report dated May the end of this notice. this petition. Any material that does not 29, 2020. GM subsequently petitioned All comments, background adhere to other materials at every point NHTSA on June 19, 2020, for a decision documentation, and supporting of contact must meet the 102 mm per that the subject noncompliance is materials submitted to the docket may minute burn rate requirement when inconsequential as it relates to motor be viewed by anyone at the address and tested separately. Any portion of a vehicle safety. This notice announces times given above. The documents may single or composite material which is receipt of GM’s petition. also be viewed on the internet at https:// within 13 mm of the occupant DATES: Send comments on or before www.regulations.gov by following the compartment air space shall meet the June 23, 2021. online instructions for accessing the requirements. ADDRESSES: Interested persons are docket. The docket ID number for this V. Summary of GM’s Petition: The invited to submit written data, views, petition is shown in the heading of this following views and arguments and arguments on this petition. notice. presented in this section, ‘‘V. Summary Comments must refer to the docket and DOT’s complete Privacy Act of GM’s Petition,’’ are the views and notice number cited in the title of this Statement is available for review in a arguments provided by GM. They have notice and submitted by any of the Federal Register notice published on not been evaluated by the Agency and following methods: April 11, 2000 (65 FR 19477–78). do not reflect the views of the Agency. • Mail: Send comments by mail SUPPLEMENTARY INFORMATION: GM described the subject addressed to the U.S. Department of I. Overview: GM has determined that noncompliance and contended that the Transportation, Docket Operations, M– certain MY 2017–2020 Cadillac XT5, noncompliance is inconsequential as it 30, West Building Ground Floor, Room MY 2020 Cadillac XT6, and MY 2017– relates to motor vehicle safety.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27958 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
In support of its petition, GM combination of adhesive tape and scrim The flammability issue is created not by submitted the following: along with a truncated seat foam layer the materials in the seat but by the 1. Background: Noncompliance that it does not meet the 102 mm/min unique way in which the 100 x 356 mm Summary and Seat Assembly. burn rate requirements. section is selected for purposes of a. Noncompliance Description: The d. The Layers Tested: The vent bag FMVSS No. 302 testing. When that seat cushions in the subject vehicles assembly has four layers that must be section is taken from the edge of the equipped with ventilated front seats fail tested separately for FMVSS No. 302. seat, the 13-mm composite contains to conform, in part, to S4.2 of FMVSS Layer 1 is adjacent to the occupant portions of scrim which, in combination No. 302. Because certain components airspace under the seat. Layers 3 and 4 with the adhesive tape, increases the (or composite layers) of the seat-vent are closest to the seated occupant but burn rate of that sample (i.e., layer 3). mat assembly (‘‘vent bags’’) do not furthest from the airspace under the FMVSS No. 302 requires the flame to be ‘‘adhere to other material(s) at every seat. applied directly to the felt with film point of contact,’’ each should be tested The following materials make up each liner, which is adjacent to the adhesive separately. When tested separately, one layer: tape and cushion scrim, and that of the four composite layers did not • Layer 1: Bottom Felt plus Film interaction limited the foam’s ability to meet the burn rate requirement. All • Layer 2: Filler slow down the burn rate and resulted in other components of the seat required to • Layer 3: Film plus Top Felt plus PSA a rate exceeding the 102 mm per minute meet FMVSS No. 302 comply with the tape plus Cushion Scrim plus requirement. standard. Cushion Foam In the real world, however, the The one noncompliant ‘‘layer’’ is a • Layer 4: Film plus Top Felt plus PSA adhesive tape and scrim would never be composite consisting of five different tape plus Cushion Foam exposed to an open flame because they materials, and only one of the five—a are well encased from the airspaces Layers 3 and 4 are adhered at all very thin pressure sensitive adhesive below (and above) the seat by layers of points and are tested as a composite. tape (‘‘adhesive tape’’) does not comply self-extinguishing or flammability with the flammability requirements. It The seat foam is cut to comply with compliant materials. Specifically, the does not comply with the 102 mm/min S4.2.2, which requires a maximum scrim is encased by at least 11.4 mm of requirement only when the test sample composite thickness of 13 mm. The materials from the airspace below. also contains a cushion scrim (‘‘scrim’’) difference between layer 3 and layer 4 Encasing the scrim from the airspace that shields the flame from the self- is the presence of scrim. Two samples below are two layers of the felt [with] extinguishing foam just above it. That (layers 3 and 4) were taken of the film liner, the filler, and the adhesive unique combination that includes the composite material at different locations tape. The felt with film liner has a burn adhesive tape, scrim, and a small of the seat to ensure one captured the rate of 42 mm/min and the filler is self- amount of foam only exists in an scrim. Layer 3 was cut to capture scrim extinguishing. Moreover, the as- FMVSS No. 302 test sample—it does not and layer 4 was cut closer to the center installed seat has more than 13 mm of exist as a stand-alone group of materials of the seat and does not capture any self-extinguishing seat foam above the exposed to flame in real-world vehicle scrim. The only layer that did not meet adhesive tape and scrim, and the scrim seats. As installed in the seat, the very FMVSS No. 302 is layer 3. All other is localized and only exists in certain thin adhesive tape and scrim are layers meet the burn rate requirements. areas. Taken as a whole, the adhesive roughly 11.4 mm from the occupant air When testing layer 3 in accordance with tape and scrim have a negligible effect space underneath the seat and are FMVSS No. 302, which required a flame on the overall burn rate. Layer 4, which sandwiched among many other applied directly to the felt with film is a closer representation of the relative materials, including the self- liner, the burn rates ranged from 186 percentage of component materials, has extinguishing seat foam. mm/min to 189 mm/min and did not a burn rate of only 12 mm/min to 24 b. The Vent Bag Assembly: The vent pass the requirements of FMVSS No. mm/min. bag assembly (or ‘‘vent bags’’) are 302 S4.3(a). Layer 4, however, which is The purpose of FMVSS No. 302 is to designed to pull air into and through the the same composite but without the ‘‘reduce the deaths and injuries to motor seat to cool the occupant. The vent bag scrim, had a burn rate of only 12 mm/ vehicle occupants caused by vehicle is positioned below the seat cushion min to 24 mm/min. The higher burn fires, especially those originating in the and attaches via a very thin adhesive rates for layer 3 were caused by the interior of the vehicle from sources such strip to the lower seat cushion. The vent unique interaction of the adhesive tape, as matches or cigarettes.’’ The bags are comprised of multiple layers of scrim, and truncated seat foam. The combination of adhesive tape, scrim, materials. The scrim layer does not scrim is flame-retardant, but the thin and truncated seat foam that is causing extend uniformly in a layer. It is layer of adhesive tape is not. In layer 3, the FMVSS No. 302 issue would never localized around the seat foam. The the scrim shields the flame from be exposed to an open flame or an scrim’s presence on a sample depends interacting with and being slowed down ignition source (like matches or on the location where the sample is cut or extinguished by the self- cigarettes) in its installed application, for FMVSS No. 302 testing: The sample extinguishing foam above. With layer 4, because they are installed within and may not have any scrim if cut in the which had a much lower burn rate, the surrounded by complying materials that center, or it may have scrim if cut closer foam has a bigger effect and meet FMVSS No. 302 standards. In the to the edges of the seat. significantly slows down the burn rate. real world, a flame emanating from the c. Because the filler material within 2. GM’s Reasoning: GM believes that occupant air space below the seat must the vent bag was not adhered at every this FMVSS No. 302 noncompliance is travel through the felt [with]film liner point of contact with the composite inconsequential to motor vehicle safety and the filler before even having the layer above, the 13 mm as measured for the following reasons: potential to contact the adhesive layer from the base of the composite layer a. The seat vent bag assembly as or scrim. included the layer 1 and, for layer 3, installed in the vehicle meets FMVSS b. GM testing and design review of the includes a small portion of scrim. The No. 302 flammability requirements. As vent bag assembly and its components 13-mm layer 3 created for FMVSS No. installed in the vehicle, the vent bag indicate that the chance of fire or flame 302 testing purposes has just the right meets FMVSS No. 302 requirements. induced by a malfunctioning ventilator
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27959
is essentially zero. Unlike the situation production for all applicable vehicles this notice as part of its evaluation to in Toyota’s February 21, 2014, petition manufactured on or after May 26, 2020. grant or deny the special permit request. for inconsequentiality, which NHTSA GM concluded by again contending DATES: Submit any comments regarding granted, (see 80 FR 4035, January 26, that the subject noncompliance is this special permit request by June 23, 2015) there are no heater elements in inconsequential as it relates to motor 2021. GM’s seat. In contrast, the subject seats vehicle safety, and that its petition to be ADDRESSES: Comments should reference contain a seat ventilator which exempted from providing notification of the docket number for this special circulates unheated air. The ventilator the noncompliance, as required by 49 permit request and may be submitted in and associated motor are at least 27 mm U.S.C. 30118, and a remedy for the the following ways: from the adhesive tape and scrim and noncompliance, as required by 49 • E-Gov Website: http:// are separated by self-extinguishing and U.S.C. 30120, should be granted. www.Regulations.gov. This site allows flammability-compliant materials. There NHTSA notes that the statutory the public to enter comments on any is essentially zero risk that the seat provisions (49 U.S.C. 30118(d) and Federal Register notice issued by any ventilator or the associated motor could 30120(h)) that permit manufacturers to agency. cause the seat materials to ignite. file petitions for a determination of • Fax: 1–202–493–2251. c. The adhesive tape is a very small inconsequentiality allow NHTSA to • Mail: Docket Management System: portion of the soft mass of the seat and exempt manufacturers only from the U.S. Department of Transportation, has an insignificant (i.e., negligible) duties found in sections 30118 and Docket Operations, M–30, West adverse effect on the overall burn rate. 30120, respectively, to notify owners, Building Ground Floor, Room W12–140, The adhesive tape is only 0.03% of the purchasers, and dealers of a defect or 1200 New Jersey Avenue SE, seat mass and is positioned well above noncompliance and to remedy the Washington, DC 20590. (>11.4 mm) the occupant air space defect or noncompliance. Therefore, any • Hand Delivery: Docket Management within the seat material stack. As decision on this petition only applies to System: U.S. Department of installed in the vehicle, the adhesive the subject vehicles that GM no longer Transportation, Docket Operations, M– tape makes up such an extremely small controlled at the time it determined that 30, West Building Ground Floor, Room portion of the seat that its burn rate will the noncompliance existed. However, W12–140, 1200 New Jersey Avenue SE, have essentially no adverse effect on the any decision on this petition does not Washington, DC 20590, between 9:00 burn rate of the vent bag assembly. relieve vehicle distributors and dealers a.m. and 5:00 p.m., Monday through Therefore, the adhesive tape would have of the prohibitions on the sale, offer for Friday, except Federal holidays. an insignificant adverse effect on the sale, or introduction or delivery for Instructions: You should identify the interior material burn rate and the introduction into interstate commerce of docket number for the special permit potential for occupant injury due to the noncompliant vehicles under their request you are commenting on at the interior fire. control after GM notified them that the beginning of your comments. If you d. The same seats comprised of the subject noncompliance existed. submit your comments by mail, please same materials meet FMVSS No. 302 (Authority: 49 U.S.C. 30118, 30120: submit two (2) copies. To receive requirements. The exact same seats with delegations of authority at 49 CFR 1.95 and confirmation that PHMSA has received the exact same materials meet FMVSS 501.8) your comments, please include a self- No. 302 when heat is used during the Otto G. Matheke, III, addressed stamped postcard. Internet assembly process, which results in the users may submit comments at http:// Director, Office of Vehicle Safety Compliance. filler layer (layer 2) adhering to the www.Regulations.gov. upper felt with film material of layers 3 [FR Doc. 2021–10817 Filed 5–21–21; 8:45 am] Note: There is a privacy statement and layer 4. BILLING CODE 4910–59–P published on http:// e. GM is not aware of any injuries or www.Regulations.gov. Comments, customer complaints associated with including any personal information DEPARTMENT OF TRANSPORTATION this condition. provided, are posted without changes or 3. NHTSA has granted similar Pipeline and Hazardous Materials edits to http://www.Regulations.gov. inconsequential petitions in the past: Safety Administration Confidential Business Information: NHTSA has granted at least two Confidential Business Information (CBI) petitions for inconsequentiality for is commercial or financial information similar issues: Toyota’s February 2014 [Docket No. PHMSA–2021–0018] that is both customarily and actually petition for inconsequential Pipeline Safety: Request for Special treated as private by its owner. Under noncompliance (see 80 FR 4035, January Permit; Tejas Pipeline, LLC the Freedom of Information Act (FOIA) 26, 2015), and Cosco Inc.’s 1998 petition (5 U.S.C. 552), CBI is exempt from for a similar issue. (See 63 FR 30809, AGENCY: Pipeline and Hazardous public disclosure. If your comments June 5, 1998.) Materials Safety Administration responsive to this notice contain 4. Correction of Noncompliance: To (PHMSA), DOT. commercial or financial information address this technical noncompliance, ACTION: Notice. that is customarily treated as private, GM’s suppliers have begun to use the that you actually treat as private, and ‘‘heated surface’’ molding process SUMMARY: PHMSA is publishing this that is relevant or responsive to this which results in the filler and felt-with- notice to solicit public comments on a notice, it is important that you clearly film liner to be adhered at all points. request for special permit received from designate the submitted comments as This process will be used to correct the the Tejas Pipeline, LLC (Tejas). The CBI. Pursuant to 49 Code of Federal noncompliant vehicles in production special permit request is seeking relief Regulations (CFR) 190.343, you may ask and parts in service inventory. Through from compliance with certain PHMSA to give confidential treatment testing, GM confirmed that the vent bags requirements in the Federal pipeline to information you give to the agency by assembled with this process comply safety regulations. At the conclusion of taking the following steps: (1) Mark each with S4.3(a) for FMVSS No. 302. This the 30-day comment period, PHMSA page of the original document noncompliance issue was addressed in will review the comments received from submission containing CBI as
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27960 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
‘‘Confidential’’; (2) send PHMSA, along to review and submit comments on the Federal Register a document entitled with the original document, a second special permit request and DEA in the ‘‘Request for Information and Comment copy of the original document with the docket. Please include any comments on on Financial Institutions’ Use of CBI deleted; and (3) explain why the potential safety and environmental Artificial Intelligence, including information you are submitting is CBI. impacts that may result if the special Machine Learning’’ (RFI) and invited Unless you are notified otherwise, permit is granted. Comments may comments on financial institutions’ use PHMSA will treat such marked include relevant data. of artificial intelligence (AI), including submissions as confidential under the Before issuing a decision on the machine learning (ML). In response to FOIA, and they will not be placed in the special permit request, PHMSA will concerns raised by commenters that the public docket of this notice. evaluate all comments received on or current comment deadline may not Submissions containing CBI should be before the comments closing date. provide sufficient time to analyze and sent to Kay McIver, DOT, PHMSA– Comments received after the closing respond to the RFI due to the complex PHP–80, 1200 New Jersey Avenue SE, date will be evaluated, if it is possible technical nature and significance of the Washington, DC 20590–0001. Any to do so without incurring additional topic, the agencies have determined that commentary PHMSA receives that is not expense or delay. PHMSA will consider an extension of the comment period specifically designated as CBI will be each relevant comment it receives in until July 1, 2021, is appropriate. placed in the public docket for this making its decision to grant or deny this DATES: The end of the comment period matter. special permit request. for the document entitled ‘‘Request for FOR FURTHER INFORMATION CONTACT: Issued in Washington, DC, on April, 2021, Information and Comment on Financial General: Ms. Kay McIver by telephone under authority delegated in 49 CFR 1.97. Institutions’ Use of Artificial at 202–366–0113, or by email at Alan K. Mayberry, Intelligence, including Machine [email protected]. Associate Administrator for Pipeline Safety. Learning,’’ published on March 31, 2020 Technical: Mr. Steve Nanney by [FR Doc. 2021–10864 Filed 5–21–21; 8:45 am] (86 FR 16837), is extended from June 1, 2021, until July 1, 2021. telephone at 713–272–2855, or by email BILLING CODE 4910–60–P at [email protected]. ADDRESSES: You may submit comments SUPPLEMENTARY INFORMATION: PHMSA by any of the methods identified in the 1 received a special permit request from DEPARTMENT OF THE TREASURY RFI. Please submit your comments Tejas, a subsidiary of Kinder Morgan, using only one method. Inc., seeking a waiver from the Office of the Comptroller of the FOR FURTHER INFORMATION CONTACT: requirements of 49 CFR 192.611(a) and Currency OCC: Kevin Greenfield, Deputy (d), Change in class location and Comptroller for Operational Risk, [Docket ID OCC–2020–0049] Confirmation or revision of maximum Norine Richards, Director for Bank allowable operating pressure; and 49 BOARD OF GOVERNORS OF THE Technology Operations, Paul Reymann, CFR 192.619(a), Maximum allowable FEDERAL RESERVE SYSTEM Director for Consumer Compliance operating pressure: Steel or plastic Policy, or Siobhan Williams, Bank pipelines. This special permit is being [Docket No. OP–1743] Information Technology Analyst, Bank requested in lieu of pipe replacement, Supervision Policy Department, (202) pressure testing, or pressure reduction FEDERAL DEPOSIT INSURANCE 649–6550; Beth Knickerbocker, Chief for three (3) pipeline segments totaling CORPORATION Innovation Officer, or Maggie Colvin, 717 feet (approximately 0.136 miles) of RIN 3064–ZA24 Innovation Officer, Office of Innovation, 30-inch and 36-inch diameter pipe on (202) 649–5200; Alireza Ebrahim, Senior the Mustang Mainline 1 Pipeline located BUREAU OF CONSUMER FINANCIAL Financial Economist, Risk Analytics in Nueces County, Texas, and 882 feet PROTECTION Division, (202) 649–5515; or Jorge D. (approximately 0.167 miles) of 30-inch [Docket No. CFPB–2021–0004] Aguilar, Counsel, Chief Counsel’s diameter pipe on the King Ranch to Office, (202) 649–7187. Lovell Pipeline located in Harris NATIONAL CREDIT UNION Board: David Palmer, Lead Financial County, Texas. The proposed special ADMINISTRATION Institution Policy Analyst, (202) 452– permit will allow operation of the 2904, Jeff Ernst, Lead Financial original Class 1 or Class 2 pipe in the [Docket No. NCUA–2021–0023] Institution Policy Analyst, (202) 452– Class 3 locations. Request for Information and Comment 2814, or Kavita Jain, Deputy Associate The proposed special permit segments on Financial Institutions’ Use of Director, (202) 452–2062, Division of on the Mustang Mainline 1 Pipeline Artificial Intelligence, Including Supervision and Regulation; Dana have a maximum allowable operating Machine Learning Miller, Senior Counsel, (202) 452–2751, pressure (MAOP) of 915 pounds per Division of Consumer and Community square inch gauge (psig) and were AGENCY: Board of Governors of the Affairs, or Patricia Yeh, Senior Counsel, constructed in 1959 and 1964. The Federal Reserve System (Board), Bureau (202) 452–3089, or Gavin Smith, Senior proposed special permit segment on the of Consumer Financial Protection Counsel, (202) 452–3474, Legal King Ranch to Lovell Pipeline has a (Bureau), Federal Deposit Insurance Division, Board of Governors of the MAOP of 715 psig and was constructed Corporation (FDIC), National Credit Federal Reserve System, 20th and C in 1958. Union Administration (NCUA), and Streets NW, Washington, DC 20551. For The special permit request, proposed Office of the Comptroller of the users of Telecommunication Device for special permit with conditions, and Currency (OCC). the Deaf (TDD), (202) 263–4869. Draft Environmental Assessment (DEA) ACTION: Request for information and FDIC: Sumaya Muraywid, Senior for the Tejas Mustang Mainline 1 and comment; Extension of comment period. Examination Specialist, Division of Risk King Ranch to Lovell Pipelines are Management Supervision, (202) 898– available for review and public SUMMARY: On March 31, 2021, the 3904, [email protected]; David comments in Docket No. PHMSA–2021– Board, Bureau, FDIC, NCUA, and OCC 0018. PHMSA invites interested persons (together, the agencies) published in the 1 See 86 FR 16837–38 (March 31, 2021).
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27961
Friedman, Senior Policy Analyst, sign this document to Grace Feola, a Assets and Liabilities of a Non-U.S. Division of Depositor and Consumer Bureau Federal Register Liaison, for Branch that is Managed or Controlled by Protection, 202–898–7168, dfriedman@ purposes of publication in the Federal a U.S. Branch or Agency of a Foreign fdic.gov; or Chris Ledoux, Corporate Register. (Non-U.S.) Bank (FFIEC 002S), all of Expert, Legal Division, 202–898–3535, which are currently approved Michael J. Hsu, [email protected]. collections of information. After Bureau: Albert D. Chang, Senior Acting Comptroller of the Currency. considering the comments received on Counsel, Office of Innovation, (202) By order of the Board of Governors of the the notices, the agencies are proceeding 450–7299; Patrice Alexander Ficklin, Federal Reserve System. with the proposed revisions to the Fair Lending Director, Office of Fair Ann Misback, reporting forms and instructions related Lending & Equal Opportunity, (202) Secretary of the Board. to the FDIC’s amendments to the deposit 435–7205; and Kathryn Lazarev, Senior Federal Deposit Insurance Corporation. insurance assessment system, effective Counsel, Office of Regulations, (202) Dated at Washington, DC, on May 13, 2021. with the June 30, 2021, report date, and 435–7700. If you require this document James P. Sheesley, the exclusion of sweep deposits and in an alternative electronic format, Assistant Executive Secretary. certain other deposits from reporting as please contact CFPB_Accessibility@ brokered deposits, effective with the Grace Feola, cfpb.gov. September 30, 2021, report date. The NCUA: Timothy Segerson, Deputy Federal Register Liaison, Bureau of Consumer agencies hereby give notice of their plan Financial Protection. Director, Office of Examination & to submit to OMB a request to approve Insurance, 703–518–6300; Chrisanthy Melane Conyers-Ausbrooks, the revision and extension of these Loizos, Senior Trial Attorney, Office of Secretary of the Board, National Credit Union information collections, and again invite General Counsel, 703–518–6540; Joe Administration. comment on the renewal. [FR Doc. 2021–10861 Filed 5–21–21; 8:45 am] Goldberg, Director, Division of DATES: Comments must be submitted on Consumer Compliance Policy and BILLING CODE 4810–33–P; 6210–01–P; 4810–AM–P; or before June 23, 2021. Outreach, 703–518–1142. 6714–01–P ADDRESSES: Interested parties are SUPPLEMENTARY INFORMATION: On March invited to submit written comments to 31, 2021, the agencies published in the DEPARTMENT OF THE TREASURY 2 any or all of the agencies. All comments, Federal Register a document inviting which should refer to the ‘‘Call Report comments on financial institutions’ use Office of the Comptroller of the Deposit Insurance Assessment-Related of artificial intelligence (AI), including Currency and Deposit-Related Revisions,’’ will be machine learning (ML). The request for shared among the agencies. information (RFI) was issued to obtain FEDERAL RESERVE SYSTEM Written comments and respondents’ views on financial recommendations for the proposed institutions’ use of AI in their provision FEDERAL DEPOSIT INSURANCE information collections should be sent of services to customers and for other CORPORATION within 30 days of publication of this business or operational purposes; notice to www.reginfo.gov/public/do/ Agency Information Collection appropriate governance, risk PRAMain. You may find these particular Activities; Submission for OMB management, and controls over AI; and information collections by selecting Review; Comment Request any challenges in developing, adopting, ‘‘Currently under 30-day Review—Open and managing AI. The RFI also solicited AGENCY: Office of the Comptroller of the for Public Comments’’ or by using the respondents’ views on the use of AI in Currency (OCC), Treasury; Board of search function. financial services to assist in Governors of the Federal Reserve Comments should also be sent to: determining whether any clarifications System (Board); and Federal Deposit OCC: You may submit comments, from the agencies would be helpful for Insurance Corporation (FDIC). which should refer to ‘‘Call Report financial institutions’ use of AI in a safe Deposit Insurance Assessment-Related and sound manner and in compliance ACTION: Joint notice and request for comment. and Deposit-Related Revisions,’’ by any with applicable laws and regulations, of the following methods: including those related to consumer SUMMARY: In accordance with the • Email: [email protected]. protection. The document stated that requirements of the Paperwork • Mail: Chief Counsel’s Office, Office the comment period would close on Reduction Act of 1995 (PRA), the OCC, of the Comptroller of the Currency, June 1, 2021. The agencies have the Board, and the FDIC (the agencies) Attention: 1557–0081 and 1557–0239, received requests to extend the may not conduct or sponsor, and the 400 7th Street SW, Suite 3E–218, comment period. An extension of the respondent is not required to respond Washington, DC 20219. comment period will provide additional to, an information collection unless it • Hand Delivery/Courier: 400 7th opportunity for the public to analyze the displays a currently valid Office of Street SW, Suite 3E–218, Washington, RFI and prepare comments to address Management and Budget (OMB) control DC 20219. the questions posed by the agencies. number. On December 18, 2020, and Instructions: You must include Therefore, the agencies are extending February 5, 2021, the agencies, under ‘‘OCC’’ as the agency name and ‘‘1557– the end of the comment period for the the auspices of the Federal Financial 0081’’ in your comment. In general, the RFI from June 1, 2021 until July 1, 2021. Institutions Examination Council OCC will publish comments on Bureau: The Acting Director of the (FFIEC), requested public comment for www.reginfo.gov without change, Bureau, David Uejio, having reviewed 60 days on proposals to revise and including any business or personal and approved this document, is extend the Consolidated Reports of information provided, such as name and delegating the authority to electronically Condition and Income (Call Reports) address information, email addresses, or (FFIEC 031, FFIEC 041, and FFIEC 051), phone numbers. Comments received, 2 Request for Information and Comment on Financial Institutions’ Use of Artificial Intelligence, the Report of Assets and Liabilities of including attachments and other including Machine Learning. 86 FR 16837–38 U.S. Branches and Agencies of Foreign supporting materials, are part of the (March 31, 2021). Banks (FFIEC 002), and the Report of public record and subject to public
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27962 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
disclosure. Do not include any Follow the instructions for submitting I. Report Summary information in your comment or comments on the FDIC’s website. A. Call Report supporting materials that you consider • Federal eRulemaking Portal: confidential or inappropriate for public https://www.regulations.gov. Follow the The agencies propose to extend for disclosure. instructions for submitting comments. three years, with revision, the FFIEC You may review comments and other • Email: [email protected]. 031, FFIEC 041, and FFIEC 051 Call related materials that pertain to this Include ‘‘Call Report Deposit Insurance Reports. information collection beginning on the Assessment-Related and Deposit- Report Title: Consolidated Reports of date of publication of the second notice Related Revisions’’ in the subject line of Condition and Income. for this collection by the following the message. Form Number: FFIEC 031 (Consolidated Reports of Condition and method: • Mail: Manuel E. Cabeza, Counsel, • Viewing Comments Electronically: Income for a Bank with Domestic and Attn: Comments, Room MB–3128, Go to www.reginfo.gov. Click on the Foreign Offices), FFIEC 041 Federal Deposit Insurance Corporation, ‘‘Information Collection Review’’ tab. (Consolidated Reports of Condition and 550 17th Street NW, Washington, DC Underneath the ‘‘Currently under Income for a Bank with Domestic 20429. Review’’ section heading, from the drop- • Offices Only), and FFIEC 051 down menu select ‘‘Department of Hand Delivery: Comments may be (Consolidated Reports of Condition and Treasury’’ and then click ‘‘submit.’’ This hand delivered to the guard station at Income for a Bank with Domestic information collection can be located by the rear of the 550 17th Street Building Offices Only and Total Assets Less Than searching by OMB control number (located on F Street) on business days $5 Billion). ‘‘1557–0081.’’ Upon finding the between 7:00 a.m. and 5:00 p.m. Frequency of Response: Quarterly. • appropriate information collection, click Public Inspection: All comments Affected Public: Business or other for- on the related ‘‘ICR Reference Number.’’ received will be posted without change profit. On the next screen, select ‘‘View to https://www.fdic.gov/regulations/ Type of Review: Revision and Supporting Statement and Other laws/federal/ including any personal extension of currently approved Documents’’ and then click on the link information provided. Paper copies of collections. public comments may be requested from to any comment listed at the bottom of OCC the screen. the FDIC Public Information Center by • For assistance in navigating telephone at (877) 275–3342 or (703) OMB Control No.: 1557–0081. www.reginfo.gov, please contact the 562–2200. Estimated Number of Respondents: Regulatory Information Service Center FOR FURTHER INFORMATION CONTACT: For 1,090 national banks and federal savings at (202) 482–7340. further information about the proposed associations. Board: You may submit comments, revisions to the information collections Estimated Average Burden per which should refer to ‘‘Call Report discussed in this notice, please contact Response: 42.10 burden hours per Deposit Insurance Assessment-Related any of the agency staff whose names quarter to file. and Deposit-Related Revisions,’’ by any appear below. In addition, copies of the Estimated Total Annual Burden: of the following methods: report forms and instructions for the 183,556 burden hours to file. • Agency Website: http://www.federal Call Reports can be obtained at the Board reserve.gov. Follow the instructions for FFIEC’s website (https://www.ffiec.gov/ submitting comments at: http:// ffiec_report_forms.htm). OMB Control No.: 7100–0036. Estimated Number of Respondents: www.federalreserve.gov/generalinfo/ OCC: Kevin Korzeniewski, Counsel, 728 state member banks. foia/ProposedRegs.cfm. Chief Counsel’s Office, (202) 649–5490. • Email: regs.comments@ Estimated Average Burden per Board: Nuha Elmaghrabi, Federal federalreserve.gov. Include ‘‘Call Report Response: 45.62 burden hours per Reserve Board Clearance Officer, (202) Deposit Insurance Assessment-Related quarter to file. 452–3884, Office of the Chief Data and Deposit-Related Revisions’’ in the Estimated Total Annual Burden: Officer, Board of Governors of the subject line of the message. 132,845 burden hours to file. • Federal Reserve System, 20th and C Fax: (202) 452–3819 or (202) 452– FDIC 3102. Streets NW, Washington, DC 20551. • Mail: Ann E. Misback, Secretary, Telecommunications Device for the Deaf OMB Control No.: 3064–0052. Board of Governors of the Federal (TDD) users may call (202) 263–4869. Estimated Number of Respondents: Reserve System, 20th Street and FDIC: Manuel E. Cabeza, Counsel, 3,209 insured state nonmember banks Constitution Avenue NW, Washington, (202) 898–3767, Legal Division, Federal and state savings associations. DC 20551. Deposit Insurance Corporation, 550 17th Estimated Average Burden per All public comments are available on Street NW, Washington, DC 20429. Response: 40.13 burden hours per the Board’s website at https:// SUPPLEMENTARY INFORMATION: quarter to file. www.federalreserve.gov/apps/foia/ Estimated Total Annual Burden: proposedregs.aspx as submitted, unless Table of Contents 515,109 burden hours to file. modified for technical reasons. I. Report Summary The estimated average burden hours Accordingly, your comments will not be collectively reflect the estimates for the A. Call Report edited to remove any identifying or FFIEC 031, the FFIEC 041, and the contact information. B. FFIEC 002 and 002S FFIEC 051 reports for each agency. FDIC: You may submit comments, II. Current Actions When the estimates are calculated by which should refer to ‘‘Call Report A. Background type of report across the agencies, the B. Comments Received on the Proposed Deposit Insurance Assessment-Related Call Report Revisions estimated average burden hours per and Deposit-Related Revisions,’’ by any C. Revised Memorandum Item for Non- quarter are 86.49 (FFIEC 031), 55.53 of the following methods: Brokered Sweep Deposits (FFIEC 041), and 35.38 (FFIEC 051). The • Agency Website: https:// III. Timing deposit insurance assessment-related www.fdic.gov/regulations/laws/federal/. IV. Request for Comment change to the FFIEC 031 and FFIEC 041
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27963
Call Report forms and instructions in used to calculate institutions’ deposit branch that is managed or controlled by this notice would not have a material insurance assessments and national a U.S. branch or agency of the foreign impact on the existing burden estimates. banks’ and federal savings associations’ bank. A non-U.S. branch is managed or The deposit insurance assessment- semiannual assessment fees. controlled by a U.S. branch or agency if related change in this notice does not a majority of the responsibility for B. FFIEC 002 and 002S propose any changes to the FFIEC 051. business decisions, including but not The deposit-related revisions to the Call The Board proposes to extend for limited to decisions with regard to Report forms and instructions in this three years, with revision, the FFIEC lending or asset management or funding notice result in an increase in estimated 002 and FFIEC 002S reports. or liability management, or the average burden hours per quarter by Report Titles: Report of Assets and responsibility for recordkeeping in type of report of 0.68 (FFIEC 031), 0.33 Liabilities of U.S. Branches and respect of assets or liabilities for that (FFIEC 041) and 0.11 (FFIEC 051). The Agencies of Foreign Banks; Report of foreign branch resides at the U.S. branch estimated burden per response for the Assets and Liabilities of a Non-U.S. or agency. A separate FFIEC 002S must quarterly filings of the Call Report is an Branch that is Managed or Controlled by be completed for each managed or average that varies by agency because of a U.S. Branch or Agency of a Foreign controlled non-U.S. branch. The FFIEC differences in the composition of the (Non-U.S.) Bank. 002S must be filed quarterly along with institutions under each agency’s Form Numbers: FFIEC 002; FFIEC the U.S. branch or agency’s FFIEC 002. supervision (e.g., size distribution of 002S. institutions, types of activities in which OMB Control Number: 7100–0032. These information collections are they are engaged, and existence of Frequency of Response: Quarterly. mandatory (12 U.S.C. 3105(c)(2), foreign offices). Affected Public: Business or other for- 1817(a)(1) and (3), and 3102(b)). Except Type of Review: Extension and profit. for select sensitive items, the FFIEC 002 revision of currently approved Respondents: All state-chartered or is not given confidential treatment; the collections. federally-licensed U.S. branches and FFIEC 002S is given confidential agencies of foreign banking treatment (5 U.S.C. 552(b)(4) and (8)). Legal Basis and Need for Collections organizations, and all non-U.S. branches The data from both reports are used for The Call Report information managed or controlled by a U.S. branch (1) monitoring deposit and credit collections are mandatory: 12 U.S.C. 161 or agency of a foreign banking transactions of U.S. residents; (2) (national banks), 12 U.S.C. 324 (state organization. monitoring the impact of policy member banks), 12 U.S.C. 1817 (insured Estimated Number of Respondents: changes; (3) analyzing structural issues state nonmember commercial and FFIEC 002—209; FFIEC 002S—38. concerning foreign bank activity in U.S. savings banks), and 12 U.S.C. 1464 Estimated Average Burden per markets; (4) understanding flows of (federal and state savings associations). Response: FFIEC 002—24.87 hours; banking funds and indebtedness of At present, except for selected data FFIEC 002S—6.0 hours. developing countries in connection with items and text, these information Estimated Total Annual Burden: data collected by the International collections are not given confidential FFIEC 002—20,791 hours; FFIEC 002S— Monetary Fund and the Bank for treatment. 912 hours. International Settlements that are used Banks and savings associations Type of Review: Extension and in economic analysis; and (5) assisting submit Call Report data to the agencies revision of currently approved in the supervision of U.S. offices of each quarter for the agencies’ use in collections. foreign banks. The Federal Reserve monitoring the condition, performance, The proposed deposit-related System collects and processes these and risk profile of individual revisions to the FFIEC 002 form and reports on behalf of all three agencies. institutions and the industry as a whole. instructions in this notice are applicable Call Report data serve a regulatory or to only a limited number of insured U.S. II. Current Actions public policy purpose by assisting the branches and agencies of foreign A. Background agencies in fulfilling their shared banking organizations and would not missions of ensuring the safety and have a material impact on the existing On December 18, 2020, the agencies soundness of financial institutions and burden estimates. proposed revisions to the Call Reports 1 the financial system and protecting (FFIEC 031 and FFIEC 041 only) to Legal Basis and Need for Collection consumer financial rights, as well as implement the FDIC’s proposed agency-specific missions affecting On a quarterly basis, all U.S. branches amendments to the deposit insurance national and state-chartered institutions, and agencies of foreign banks are assessment system applicable to all such as conducting monetary policy, required to file the FFIEC 002, which is large and highly complex IDIs published ensuring financial stability, and a detailed report of condition with a on December 7, 2020.2 The amendments administering federal deposit insurance. variety of supporting schedules. This to the rule were subsequently finalized Call Reports are the source of the most information is used to fulfill the without change on February 16, 2021, current statistical data available for supervisory and regulatory requirements and published in the Federal Register identifying areas of focus for on-site and of the International Banking Act of off-site examinations. Among other 1978. The data also are used to augment 1 85 FR 82580 (Dec. 18, 2020) (December 2020 purposes, the agencies use Call Report the bank credit, loan, and deposit notice). data in evaluating institutions’ corporate information needed for monetary policy 2 85 FR 78794 (Dec. 7, 2020). For deposit applications, including interstate merger and other public policy purposes. In insurance assessment purposes, a large bank is generally defined as an institution with $10 billion and acquisition applications for which addition, FFIEC 002 data are used to or more in total assets, a small bank is generally the agencies are required by law to calculate the risk-based assessments for defined as an institution with less than $10 billion determine whether the resulting FDIC-insured U.S. branches of foreign in total assets, and a highly complex bank is institution would control more than 10 banks. generally defined as an institution that has $50 billion or more in total assets and is controlled by percent of the total amount of deposits The FFIEC 002S is a supplement to a parent holding company that has $500 billion or of insured depository institutions in the the FFIEC 002 that collects information more in total assets, or is a processing bank or trust United States. Call Report data also are on assets and liabilities of any non-U.S. company. See 12 CFR 327.8(e), (f), and (g).
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27964 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
on February 25, 2021.3 The amendments B. Comments Received on the Proposed confirm whether institutions are to the assessment system remove the Call Report Revisions permitted to incorporate the new double counting of the applicable brokered deposits regime for purposes 1. Deposit Insurance Assessment- portion of the CECL transitional of reporting beginning with the June 30, Related Revision amounts that is added to retained 2021 Call Report, even if such earnings for regulatory capital purposes The agencies received one comment institutions are still in the primary and attributable to the allowance for on the December 2020 notice to revise purpose exception application process. credit losses on loans and leases held the Call Report to implement the FDIC’s Finally, the commenters requested for investment in certain financial proposed amendments to the deposit clarification with respect to the measures that are calculated using the insurance assessment system. The definition of ‘‘not fully insured’’ as it sum of Tier 1 capital and reserves, and commenter discussed another potential would apply to the proposed Call also from the loss severity measure. double-counting in the computation of Report memorandum items. These measures are used to determine the leverage ratio. The FR 2052a is required to be filed assessment rates for large and highly This comment is not specifically on a consolidated basis by (1) certain complex institutions. To implement applicable to the deposit insurance top-tier bank holding companies and these amendments, the agencies assessment regulations or the related top-tier covered savings and loan proposed one new, temporary revision to the Call Report addressed in holding companies that in each case memorandum item and corresponding the December 2020 notice. The have consolidated assets of $100 billion changes to the FFIEC 031 and FFIEC 041 calculation of the leverage ratio in the or more, and (2) certain foreign banking versions of the Call Report forms and Call Report is aligned with the organizations with combined U.S. assets instructions. The agencies would calculation pursuant to the agencies’ of $100 billion or more. The largest and remove the proposed new Call Report regulatory capital rules, which is most complex FR 2052a filers item when all large and highly complex outside the scope of the proposed additionally submit data in respect to a institutions are no longer using a CECL changes. limited number of subsidiaries, To improve the clarity of the reporting transition. The comment period for the including large depository institution changes for deposit insurance December 2020 notice ended on subsidiaries, and U.S. branches. The FR assessments, the agencies plan to add February 16, 2021. 2052a report is collected on a daily or examples to the instructions for On February 5, 2021, the agencies monthly basis, depending on the size of Schedule RC–O, Memorandum item 5, the reporting organization.6 In contrast, proposed revisions to the reporting to show what an institution that has forms and instructions for the Call the proposed Call Report data collection elected the three-year or the five-year would reflect deposit data from all Reports and FFIEC 002 that would allow 2020 CECL transition provision would (1) evaluation of the funding stability of depository institutions regardless of report in the new Memorandum item. size. The Call Report data also would be sweep deposits over time to determine These examples would be added at the their appropriate treatment under collected on a quarterly or semiannual end of the instructions for the Schedule basis. Due to the differences in scope liquidity regulations,4 and (2) RC–O, Other Data for Deposit Insurance and frequency of the reporting, the assessment of risk factors associated Assessments. agencies do not believe that there is with sweep deposits that may no longer After considering the comments on material duplication between the data be reported as brokered deposits.5 the deposit insurance assessment- requested. Accordingly, the agencies proposed related revision, the agencies are Regarding the comment on adding five data items to Schedule proceeding with the changes to the Call confidential treatment, the Board notes RC–E, Deposit Liabilities, on all three Reports as proposed with the added that the information collected in the FR versions of the Call Report (FFIEC 031, examples to show what an institution 2052a is collected as part of the FFIEC 041, and FFIEC 051) applicable to would report in the new Memorandum agencies’ supervisory framework and is all institutions and to Schedule O of the item in Schedule RC–O (FFIEC 031 and provided confidential treatment for FFIEC 002 applicable to insured FFIEC 041 only). several reasons. The FR 2052a collection agencies and branches of foreign 2. Deposit-Related Revisions is reported on a frequent basis and banking organizations. In addition, four includes a wide range of financial data items would be added to Schedule The agencies received one comment exposures providing detailed RC–E, Deposit Liabilities, on the FFIEC letter from three trade associations on information on the liquidity profile of 031 Call Report only and would be the February 2021 proposal to revise the reporting firms (e.g., financing of completed quarterly only by institutions Call Report forms and instructions securities positions and prime brokerage with $100 billion or more in total assets. related to sweep deposits. The activities). Additionally, FR 2052a data The agencies also proposed revising the commenters recommended that is used as a supervisory tool to monitor Call Report instructions addressing institutions that report sweep deposits individual organizations’ overall brokered deposits to align them with the on the Board’s Complex Institution liquidity profile, including during brokered deposits final rule. The Liquidity Monitoring Report (FR 2052a) periods of stress, and may reflect risks changes to the Call Reports were should not be required to provide and exposures between a respondent’s proposed to take effect as of the June 30, comparable data on the Call Report. 2021, report date. Additionally, the commenters requested 6 In general, banking organizations subject to the The comment period for the February that the proposed Call Report full liquidity coverage ratio requirements of the 2021 notice ended on April 6, 2021. memorandum items receive confidential agencies’ Liquidity Coverage Ratio (LCR) rule, including all Category I and II banking treatment consistent with the treatment organizations and certain Category III banking 3 See https://www.fdic.gov/news/financial- of comparable data items provided on organizations (as such categories are defined in the institution-letters/2021/fil21007.html and 86 FR the FR 2052a. The commenters further rule), must submit the FR 2052a data on a daily 11391 (Feb. 25, 2021). requested that the proposed Call Report basis while other banking organizations with total 4 See 12 CFR part 50 (OCC), 12 CFR part 249 consolidated assets greater than $100 billion, (Board) and 12 CFR part 329 (FDIC). memorandum items be delayed until the including certain Category III and all Category IV 5 See 12 CFR 337.6 and 86 FR 8480 (Feb. 5, 2021) March 2022 report date. The banking organizations, must submit FR 2052a data (February 2021 notice). commenters requested that the agencies on a monthly basis.
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices 27965
material legal entities. As a result, With respect to pending applications inadvertently excluded references to public availability of an individual for a primary purpose exception, an IDI living or testamentary trusts as part of banking organization’s detailed and that receives deposits from a third party that definition. The agencies will correct frequent FR 2052a data could result in that is a ‘‘deposit broker’’ where an the Call Report instructions to include disclosure of proprietary business application for a primary purpose the complete definition of retail information. exception is pending, would report such customer or counterparty from the By comparison, the proposed Call deposits as brokered deposits if and agencies’ LCR rule. Report data items would be reported on until the FDIC approves such In the February 2021 notice, the a less frequent basis (quarterly or application. This is because the deposits agencies stated that the Call Report semiannually) by all individual being placed by or through a third party instructions would add the LCR rule’s depository institutions and do not that is a deposit broker are brokered definition of ‘‘wholesale customer or include the same extensive scope of deposits unless the third party meets an counterparty.’’ Because there are no items reported under the FR 2052a exception to the definition. proposed line items that require the collection. The agencies therefore do not In response to the commenters’ definition of wholesale customer or believe public disclosure of the request, the agencies are clarifying the counterparty, the agencies do not plan proposed Call Report data items would definition of ‘‘not fully insured’’ as it to make this change in the Call Report result in disclosure of proprietary would apply to the deposit-related Call instructions. business information which would Report revisions. As described in the C. Revised Memorandum Item for Non- harm a bank’s competitive position. For agencies’ February 2021 notice, the Brokered Sweep Deposits example, because the proposed Call proposal aligns with the final NSFR rule Report data items would be reported on and revised Call Report Glossary As part of the February 2021 notice, a quarterly or semiannual basis and definition of ‘‘Sweep Deposits.’’ Under the agencies proposed including the constitute limited information about a the agencies’ LCR and NSFR rules, a following data item that would be bank’s liquidity risk or structural sweep deposit is considered ‘‘fully collected quarterly on the FFIEC 031 funding, it would not be possible for the insured’’ if the entire amount of the and FFIEC 041 Call Reports and public to determine an individual sweep deposit is covered by deposit semiannually on the FFIEC 051 Call bank’s Liquidity Coverage Ratio (LCR) insurance provided by the FDIC under Report: Æ or NSFR at any point within a quarter.7 the Federal Deposit Insurance Act.8 A Memorandum item 1.i for total Therefore, the agencies are not sweep deposit is ‘‘not fully insured’’ if sweep deposits that are not brokered proposing to adopt confidential less than the entire balance of the sweep due to a primary purpose exception, treatment for the proposed Call Report deposit is covered by FDIC insurance. which corresponds to the 25 percent test memorandum items. The brokered deposits final rule exception above. With regard to the implementation included clarifications to the definition As provided in the February 2021 date of the revisions to the Call Reports of ‘‘deposit broker’’ in Section 29(g) of notice, the agencies intend to collect and FFIEC 002, the agencies the Federal Deposit Insurance Act and this data to monitor sweep deposits that acknowledge that institutions may need Section 337.6(a)(5) of the FDIC’s are not brokered due to the primary additional time to make system changes regulations. The meaning of the term purpose exception to determine the to capture the relevant data. ‘‘brokered deposit’’ depends on the supervisory and deposit insurance Accordingly, in response to comments, meaning of the term ‘‘deposit broker.’’ assessment implications of these the agencies are proposing to delay the The term ‘‘Brokered Deposits’’ is deposits, if any. implementation date for the new defined in the Call Report Glossary, and However, the agencies note that memorandum items in the Call Report the term ‘‘deposit broker’’ is also certain sweep deposits placed by third and FFIEC 002 forms and instructions addressed in instructions to Schedule parties with IDIs may not be classified until the September 30, 2021, reporting RC–E, Deposit Liabilities. Consistent as brokered when the third party has an date rather than for June 30, 2021, as with the agencies’ proposal to revise the exclusive deposit placement 10 originally proposed. As the collection in Call Report instructions in the February arrangement with only one IDI. For the FFIEC 051 occurs semiannually, 2021 notice, the agencies plan to update example, a broker dealer that is FFIEC 051 filers will report the new the Glossary and Schedule RC–E sweeping excess customer balances to data items for the first time for the instructions to align with the only one IDI will not meet the deposit December 31, 2021, reporting date. This clarifications to the definition of broker definition and therefore would delay should provide institutions with ‘‘deposit broker’’ in the brokered not need to rely upon a primary purpose sufficient additional time to put in place deposits final rule. exception. Only reflecting exclusions systems to begin reporting on the After considering the comments, the related to the primary purpose proposed memorandum items. agencies are clarifying the proposed exception could significantly limit the The agencies will provide instructions as described above and agencies’ ability to monitor non- clarifications in the Call Report Glossary proceeding with the clarifications in the brokered sweep deposits. Therefore, to and Schedule RC–E, Deposit Liabilities Call Report Glossary and Schedule RC– ensure a more complete collection of instructions in response to comments E instructions related to the definition sweep deposits that are excluded from related to reporting deposits as brokered of ‘‘deposit broker.’’ being reported as brokered, the agencies in instances where a primary purpose The agencies are also making several are proposing the following memo item application is pending or where an technical corrections to proposed in place of the proposed item above institution wishes to rely upon a revisions in the February 2021 notice. In from the February 2021 notice: Æ previous staff advisory opinion or that notice, the agencies proposed to Memorandum item 1.i for total interpretation through December 31, revise the Call Report instructions to sweep deposits that are not brokered 9 2021. add the LCR rule’s definition of ‘‘retail deposits. customer or counterparty,’’ but Updates to the Glossary and 7 Holding companies subject to the agencies’ LCR instructions will provide clarifications and NSFR rules must publicly disclose their 8 12 U.S.C. 1811 et seq. consolidated LCR and NSFR on a quarterly basis. 9 79 FR 61439, 61527 (Oct. 10, 2014). 10 12 CFR 337.6(a)(5).
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES 27966 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Notices
for determining whether certain third the FFIEC 031 Call Report with $100 information collections as they are parties that place sweep deposits at IDIs billion or more in total assets would proposed to be revised, including the are deposit brokers and the exceptions report deposit data in four additional validity of the methodology and to the definition of deposit broker. items in Schedule RC–E, Memorandum assumptions used; items 1.h.(1)(a), 1.h.(2)(a), 1.h.(3)(a), and IV. Timing (c) Ways to enhance the quality, 1.h.(4)(a). utility, and clarity of the information to As stated in the December 2020 The agencies note that the brokered be collected; notice, beginning with the June 30, deposits final rule became effective (d) Ways to minimize the burden of 2021, Call Report, Schedule RC–O, April 1, 2021, with a mandatory information collections on respondents, Memorandum item 5, ‘‘Applicable compliance date of January 1, 2022. including through the use of automated portion of the CECL transitional amount Therefore, for the September 30, 2021, collection techniques or other forms of or modified CECL transitional amount Call Report dates, institutions may rely information technology; and that has been added to retained earnings on either existing staff advisory (e) Estimates of capital or start-up for regulatory capital purposes as of the opinions and interpretations or the new costs and costs of operation, report date and is attributable to loans provisions in the brokered deposits final maintenance, and purchase of services and leases held for investment,’’ would rule when assessing whether a sweep to provide information. be completed only by large and highly deposit is brokered for Call Report Comments submitted in response to complex institutions that have adopted purposes. The agencies will make this joint notice will be shared among ASU 2016–13 and reported having a available on the FFIEC website redline the agencies. CECL transition election in effect as of changes to the Glossary instructions for the quarter-end report date. brokered deposits. Theodore J. Dowd, The new deposit-related items would IV. Request for Comment Deputy Chief Counsel, Office of the be effective starting with the September Comptroller of the Currency. 30, 2021, Call Report (FFIEC 031 and Public comment is requested on all Board of Governors of the Federal Reserve FFIEC 041) and FFIEC 002, and with the aspects of this joint notice. Comment is System. December 31, 2021, Call Report (FFIEC specifically invited on: Michele Taylor Fennell, 051). These items are Schedule RC–E, (a) Whether the proposed revisions to Deputy Associate Secretary of the Board. Memorandum items 1.h.(1) through the collections of information that are Federal Deposit Insurance Corporation. 1.h.(4) and 1.i. Thereafter, these data the subject of this notice are necessary items would be collected quarterly on for the proper performance of the Dated at Washington, DC, on May 17, 2021. the FFIEC 031 and FFIEC 041 Call agencies’ functions, including whether James P. Sheesley, Reports and semiannually on the FFIEC the information has practical utility; Assistant Executive Secretary. 051 Call Report. Beginning as of the (b) The accuracy of the agencies’ [FR Doc. 2021–10853 Filed 5–21–21; 8:45 am] same report date, all institutions filing estimates of the burden of the BILLING CODE 4810–33–P, 6210–01–P, 6714–01–P
VerDate Sep<11>2014 17:32 May 21, 2021 Jkt 253001 PO 00000 Frm 00142 Fmt 4703 Sfmt 9990 E:\FR\FM\24MYN1.SGM 24MYN1 khammond on DSKJM1Z7X2PROD with NOTICES i
Reader Aids Federal Register Vol. 86, No. 98 Monday, May 24, 2021
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MAY
Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 37...... 23237 Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: 7 CFR The United States Government Manual 741–6000 10189...... 23843 10190...... 23845 3...... 24699 Other Services 10191...... 23847 989...... 26347 4280, Subpart D ...... 26348 Electronic and on-line services (voice) 741–6020 10192...... 23849 Privacy Act Compilation 741–6050 10193...... 23851 Proposed Rules: 10194...... 23853 205...... 25961 10195...... 23855 993...... 25975 ELECTRONIC RESEARCH 10196...... 23857 1280...... 24513 10197...... 23859 World Wide Web 10198...... 23861 8 CFR Full text of the daily Federal Register, CFR and other publications 10199...... 24297 214...... 27027 10200...... 24301 is located at: www.govinfo.gov. Proposed Rules: 10201...... 24477 1...... 24750 Federal Register information and research tools, including Public 10202...... 24479 103...... 24750, 25809 Inspection List and electronic text are located at: 10203...... 24697 106...... 24751 www.federalregister.gov. 10204...... 25799 204...... 24750 10205...... 25943 E-mail 207...... 24750 10206...... 25945 208...... 24750 FEDREGTOC (Daily Federal Register Table of Contents Electronic 10207...... 26147 209...... 24750 Mailing List) is an open e-mail service that provides subscribers 10208...... 26345 210...... 24750 with a digital form of the Federal Register Table of Contents. The 10209...... 27015 212...... 24750, 25809 digital form of the Federal Register Table of Contents includes 10210...... 27017 214...... 24750 HTML and PDF links to the full text of each document. 10211...... 27019 215...... 24750 10212...... 27021 To join or leave, go to https://public.govdelivery.com/accounts/ 216...... 24750 10213...... 27023 235...... 24750 USGPOOFR/subscriber/new, enter your email address, then 10214...... 27505 follow the instructions to join, leave, or manage your 236...... 24750 Executive Orders: subscription. 240...... 24750 14027...... 25947 241...... 24751 PENS (Public Law Electronic Notification Service) is an e-mail 14028...... 26633 244...... 24750 service that notifies subscribers of recently enacted laws. 14029...... 27025 245...... 24750 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Administrative Orders: 245a...... 24750 and select Join or leave the list (or change settings); then follow Memorandums: 264...... 24750 the instructions. Memorandum of 274...... 25809 September 24, 2015 FEDREGTOC and PENS are mailing lists only. We cannot 274a...... 24751 (Superseded in part respond to specific inquiries. 287...... 24750 by Memorandum of 316...... 24750 Reference questions. Send questions and comments about the May 18, 2021)...... 27703 333...... 24750 Federal Register system to: [email protected] Memorandum of May 335...... 24750 The Federal Register staff cannot interpret specific documents or 18, 2021 ...... 27703 regulations. Presidential 10 CFR Determinations: No. 72...... 26651 2021–06 of May 3, 430...... 24483, 24484 FEDERAL REGISTER PAGES AND DATE, MAY 2021 ...... 24475 Notices: Proposed Rules: 23237–23576...... 3 Notice of May 6, 50...... 24362, 25977 23577–23842...... 4 2021 ...... 25793 51...... 24514 23843–24296...... 5 Notice of May 6, 52...... 24362 24297–24474...... 6 2021 ...... 25795 429...... 24516 24475–24696...... 7 Notice of May 6, 430 ...... 23635, 24538, 27281 24697–25798...... 10 2021 ...... 25797 431 ...... 23875, 24516, 24752, 25799–25942...... 11 Notice of May 11, 27054, 27298 25942–26148...... 12 2021 ...... 26339 11 CFR 26149–26346...... 13 Notice of May 11, 2021 ...... 26341 Proposed Rules: 26347–26632...... 14 113...... 23300 26633–26824...... 17 5 CFR 26825–27014...... 18 2611...... 25801 12 CFR 27015–27260...... 19 9801...... 26649 215...... 27507 27261–27504...... 20 627...... 27510 27505–27796...... 21 6 CFR 655...... 27797 27797–27966...... 24 Ch. I ...... 26825 1242...... 23577
VerDate Sep 11 2014 19:15 May 21, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\24MYCU.LOC 24MYCU khammond on DSKJM1Z7X2PROD with FR-3CU ii Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Reader Aids
Proposed Rules: 21 CFR 38 CFR 184...... 24140 30...... 24755 1308 ...... 23602, 24487, 27803 17...... 24494 1173...... 26184 208...... 24755 1310...... 24703 1635...... 27037 235...... 26189 Proposed Rules: 328...... 24770 Proposed Rules: 3...... 27340 46 CFR 573...... 24564 17...... 27340 364...... 24755 221...... 23241 18...... 27340 614...... 27308 22 CFR 307...... 23241 21...... 27340 340...... 23241 13 CFR 228...... 24708 39 CFR 356...... 23241 126...... 23863 Proposed Rules: 23 CFR 3...... 24712 Ch. II ...... 23876 14 CFR Proposed Rules: 10...... 24712 13...... 23241 Ch. I ...... 23876 Proposed Rules: 47 CFR 39 ...... 23593, 23595, 23599, Ch. II ...... 23876 233...... 27823 1...... 26677, 27275 24485, 26149, 26365, 26367, Ch. III ...... 23876 40 CFR 2...... 23281, 23614 26370, 26373, 26651, 26826, 15...... 23281 25 CFR 26829, 26831, 26833, 27028, 2...... 26842 20...... 23614 27031, 27261, 27264, 27268, 224...... 27806 9...... 24328 68...... 23614 27271 52 ...... 24499, 24500, 24502, 73 ...... 23866, 23868, 24339, 71 ...... 26377, 26378, 26379, 26 CFR 24503, 24505, 24507, 24713, 24510, 24741, 26422, 27813 26380, 27510, 27511, 27798 53...... 23865 24715, 24717, 24718, 24726, 76...... 26185 77...... 25801 24728, 25951, 25954, 26179, 90...... 23281, 26423 97...... 26382, 26385 27 CFR 26181, 26388, 26401, 26843, 95...... 23281 244...... 23260 Proposed Rules: 27035, 27524, 27532 Proposed Rules: 259...... 23260 447...... 27720 62...... 24730, 27756 1...... 26262, 27354 383...... 23241 478...... 27720 81...... 27035, 27532 15...... 23323 406...... 23241 479...... 27720 82...... 24444 64...... 27354 Proposed Rules: 83...... 26406 73 ...... 23340, 24837, 25978, Ch. I ...... 23876 29 CFR 136...... 27226 25979 39 ...... 23301, 24546, 24549, 780...... 24303 180 ...... 24731, 25956, 26672, 90...... 23323 24551, 24554, 24556, 24560, 788...... 24303 26845 95...... 23323 24778, 24780, 24783, 24786, 795...... 24303 300...... 26419 24790, 25810, 25812, 26195, 2204...... 26658 721...... 24328 48 CFR 26198, 26682, 26855, 26857, Proposed Rules: 725...... 24328 204...... 27275 27323, 27535, 27538, 27540 1910...... 27332, 27338 Proposed Rules: 207...... 27277 71 ...... 24562, 21782, 24792, Ch. I ...... 27546 212...... 27275 24794, 24795, 24797, 24798, 30 CFR 9...... 27150 213...... 27277 24800, 24801, 24803, 24805, 250...... 23606 52 ...... 24564, 24569, 24809, 215...... 27277 26861, 27326, 27327, 27329, 24829, 24835, 25978, 26448, 223...... 27279 27331 31 CFR 26450, 26687, 27344, 27346, 242...... 27277 Ch. II ...... 23876 35...... 26786 27349, 27543 252...... 27275, 27277 Ch. III ...... 23876 536...... 26661 62...... 27350 253...... 27277 81...... 23309 Proposed Rules: 15 CFR 596...... 27273 598...... 26661 84...... 27150 212...... 27354 300...... 26452 Ch. XV ...... 23271 Proposed Rules: 215...... 27354, 27358 Ch. IX...... 26888 216...... 27354 16 CFR 100...... 23877 41 CFR 233...... 27354 1112...... 26654 32 CFR 236...... 27358 1130...... 26654 Proposed Rules: 310...... 26671 242...... 27358 1232...... 26654 300–70...... 26455 252...... 27354, 27358 Proposed Rules: Proposed Rules: 301–74...... 26455 Ch. 12 ...... 23876 97...... 26444 Ch. II ...... 25817 Ch. 301 Appendix E ...... 26455 49 CFR 33 CFR 42 CFR 17 CFR 107...... 23241 232...... 25803 100 ...... 23608, 23865, 24326, 37...... 24336 171...... 23241 239...... 25803 24492, 27518, 27808 412...... 24735 190...... 23241 249...... 25803 117 ...... 23278, 23609, 27519 405...... 26849 209...... 23241 269...... 25803 165 ...... 23279, 23611, 23613, 483...... 26306 213...... 23241 274...... 25803 23865, 24710, 25949, 26386, 510...... 23496 214...... 23241 26837, 27034, 27520, 27523 Proposed Rules: Proposed Rules: 215...... 23241 240...... 24364 Ch. II ...... 27274 412...... 25070 216...... 23241 275...... 26685 401...... 23241 413...... 25070 217...... 23241 Proposed Rules: 425...... 25070 218...... 23241 18 CFR 117...... 23639, 23880 455...... 25070 219...... 23241 157...... 26150 165...... 24807, 25830 495...... 25070 220...... 23241 221...... 23241 34 CFR 19 CFR 44 CFR 222...... 23241 Ch. I...... 23277, 26836, 27800, 668...... 26608 64...... 24739 223...... 23241 27802 677...... 26608 224...... 23241 361...... 27513 Proposed Rules: 45 CFR 225...... 23241 Ch. II ...... 23304 147...... 24140 227...... 23241 20 CFR 150...... 24140 228...... 23241 655...... 26164 37 CFR 153...... 24140 229...... 23241 656...... 26164 Proposed Rules: 155...... 24140 230...... 23241 Proposed Rules: 2...... 26862 156...... 24140 231...... 23241 655...... 24368 7...... 26862 158...... 24140 233...... 23241
VerDate Sep 11 2014 19:15 May 21, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\24MYCU.LOC 24MYCU khammond on DSKJM1Z7X2PROD with FR-3CU Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Reader Aids iii
234...... 23241 Ch. XII...... 26825 830...... 27550 679...... 24746 235...... 23241 1570...... 23629 Ch. X...... 23876 Proposed Rules: 236...... 23241 1582...... 23629 Ch. XI...... 23876 10...... 24573 237...... 23241 Proposed Rules: 50 CFR 17...... 23882, 25833 238...... 23241 Ch. I ...... 23876 239...... 23241 17...... 23869, 25806 20...... 23641 Ch. II ...... 23876 240...... 23241 218...... 24340 32...... 23794 241...... 23241 Ch. III ...... 23876 622...... 24742 71...... 23794 242...... 23241 Ch. V...... 23876 635 ...... 24359, 26424, 27814 224...... 23657 243...... 23241 531...... 25980 648 ...... 23633, 24360, 24745, 600...... 27686 244...... 23241 533...... 25980 26186, 27042 635...... 25992, 27686 272...... 23241 Ch. VI...... 23876 660 ...... 23872, 26425, 26439, 660...... 23659 386...... 23241 Ch. VII...... 23876 27816 679...... 26888 578...... 23241 Ch. VIII...... 23876 665...... 24511
VerDate Sep 11 2014 19:15 May 21, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4712 E:\FR\FM\24MYCU.LOC 24MYCU khammond on DSKJM1Z7X2PROD with FR-3CU iv Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Reader Aids
listserv.gsa.gov/cgi-bin/ wa.exe?SUBED1=PUBLAWS- LIST OF PUBLIC LAWS Public Laws Electronic L&A=1 Notification Service Note: No public bills which (PENS) Note: This service is strictly have become law were for email notification of new received by the Office of the laws. The text of laws is not Federal Register for inclusion PENS is a free email available through this service. in today’s List of Public notification service of newly PENS cannot respond to Laws. enacted public laws. To specific inquiries sent to this Last List May 6, 2021 subscribe, go to https:// address.
VerDate Sep 11 2014 19:15 May 21, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\24MYCU.LOC 24MYCU khammond on DSKJM1Z7X2PROD with FR-3CU