Vol. 86 Monday, No. 38 March 1, 2021 Pages 11847–12078

Vol. 86 Monday, No. 38 March 1, 2021

Pages 11847–12078

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 86, No. 38

Monday, March 1, 2021

Agency for International Development NOTICES PROPOSED RULES Bulk Manufacturer of Controlled Substances Application: Claims—Collection Regulation, 11905–11913 Marihuana; Cosmic Light, LLC, 12034–12035 Importer of Controlled Substances Application: Census Bureau Groff NA Hemplex, LLC, 12032–12033 NOTICES Microgenics Corporation Thermo Fisher Scientific, Agency Information Collection Activities; Proposals, 12033–12034 Submissions, and Approvals: Management and Organizational Practices Survey; Energy Department Hospitals, 11919–11920 See Energy Information Administration See Federal Energy Regulatory Commission Centers for Disease Control and Prevention NOTICES NOTICES Application to Amend Presidential Permit: Agency Information Collection Activities; Proposals, CHPE LLC, 11960–11961 Submissions, and Approvals, 12003–12004 Energy Conservation Program: Petition for Waiver of CellarPro from the Department of Centers for Medicare & Medicaid Services Energy Walk-in Coolers and Walk-in Freezers Test NOTICES Procedure and Notification of Grant of Interim Funding Opportunity: Waiver, 11972–11991 Development of Computed Tomography Image Quality Petition for Waiver of Vinotheque from the Walk-in and Safety Hospital Measures; Withdrawal, 12004– Coolers and Walk-in Freezers Test Procedure; Grant 12005 of Interim Waiver, 11961–11972 Medicare and Medicaid Programs: Meetings: Application from the Accreditation Commission for Environmental Management Advisory Board, 11960 Health Care for Continued Approval of its Home Health Agency Accreditation Program, 12005–12006 Energy Information Administration NOTICES Chemical Safety and Hazard Investigation Board Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 11991–11992 Meetings; Sunshine Act, 11919 Environmental Protection Agency Children and Families Administration RULES NOTICES Air Quality State Implementation Plans; Approvals and Agency Information Collection Activities; Proposals, Promulgations: Submissions, and Approvals: Illinois; Removal of Variance for Illinois Power Holdings Healthy Marriage and Responsible Fatherhood and AmerenEnergy Medina Valley Cogen Facilities, Performance Measures, 12006–12007 11872–11873 Kentucky; Updates to Attainment Status Designations, Coast Guard 11870–11872 PROPOSED RULES North Carolina: Permits Requiring Public Participation, Safety Management Systems for Domestic Passenger 11878–11880 Vessels, 11913 North Carolina: Revisions to Annual Emissions Reporting, 11867–11869 Commerce Department North Carolina; Revisions to Construction and Operation See Census Bureau Permits, 11875–11878 See Foreign-Trade Zones Board Tennessee; Emissions Inventory and Nonattainment New See International Trade Administration Source Review Plan for Sullivan County Sulfur See National Oceanic and Atmospheric Administration Dioxide Nonattainment Area, 11873–11875 See Patent and Trademark Office PROPOSED RULES Air Plan Approval; Defense Department Wisconsin; Large Municipal Waste Combustors Negative See Navy Department Declaration Withdrawal for Designated Facilities and NOTICES Pollutants, 11916–11918 Agency Information Collection Activities; Proposals, Air Quality State Implementation Plans; Approvals and Submissions, and Approvals, 11952–11953 Promulgations: Arms Sales, 11948–11959 Pennsylvania; 1997 8-Hour Ozone National Ambient Air Quality Standard Second Maintenance Plan for the Drug Enforcement Administration Youngstown-Warren-Sharon Area; Reopening of RULES Comment Period, 11915–11916 Schedules of Controlled Substances: Texas; Clean Air Act Requirements for Enhanced Vehicle Temporary Placement of Brorphine in Schedule I, 11862– Inspection and Maintenance and Nonattainment New 11867 Source Review, 11913–11915

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NOTICES Federal Financial Institutions Examination Council Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Meetings: Clean Watersheds Needs Survey; Reinstatement, 12000– Appraisal Subcommittee, 12001 12001 Data Reporting Requirements for State and Local Vehicle Federal Highway Administration Emission Inspection and Maintenance Programs, NOTICES 11997–11998 Final Federal Agency Actions: Modification of Secondary Treatment Requirements for Proposed Highway in California, 12075–12076 Discharges into Marine Waters, 11998–11999 Clean Air Act Operating Permit Program: Petitions for Objection to State Operating Permit for Federal Housing Finance Agency Hunter Power Plant (Emery County, Utah) and State NOTICES Operating Permit for Coyote Station Power Plant Federal Home Loan Bank Community Support Program: (Mercer County, North Dakota), 11999–12000 Opportunity to Comment on Members Subject to Review, Modified Settlement: 12001–12002 KOPPERS CO., Inc. (Charleston Plant), Charleston, NC, 11999 Federal Motor Carrier Safety Administration Proposed Modification of National Pollutant Discharge RULES Elimination System General Permit: Rulemaking Procedures Update; Delay of Effective Date, Offshore Seafood Processors in Alaska, 11996–11997 11891–11892

Federal Aviation Administration Federal Railroad Administration RULES RULES Airspace Designations and Reporting Points: Emergency Order Requiring Face Mask Use in Railroad Palmdale, CA, 11860–11862 Operations, 11888–11891 Vicinity of Anthony, KS, 11859–11860 NOTICES Federal Reserve System Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Formations of, Acquisitions by, and Mergers of Bank Agricultural Aircraft Operations, 12074–12075 Holding Companies, 12002–12003 Petition for Exemption; Summary: Billings Flying Service, 12075 Fish and Wildlife Service RULES Federal Bureau of Investigation Endangered and Threatened Species: NOTICES Revised Designation of Critical Habitat for the Northern Agency Information Collection Activities; Proposals, Spotted Owl; Delay of Effective Date, 11892–11895 Submissions, and Approvals: NOTICES Hazardous Devices School Application, 12035 Marine Mammals: Incidental Take During Specified Activities; Proposed Incidental Harassment Authorization for Northern Federal Communications Commission Sea Otters in the Northeast Pacific Ocean, 12019– RULES 12028 Further Streamlining Rules Governing Satellite Services, 11880–11888 Foreign-Trade Zones Board NOTICES Federal Emergency Management Agency Authorization of Production Activity: NOTICES Miraclon Corp; Foreign-Trade Zone 106; Oklahoma City, Final Flood Hazard Determinations, 12011–12014 OK, 11921 Flood Hazard Determinations; Proposals, 12015–12017 Proposed Production Activity: Proposed Flood Hazard Determinations; Correction, 12011 Juno Therapeutics, Inc.; Foreign-Trade Zone 5; Seattle, WA, 11921 XPO Logistics; Foreign-Trade Zone 72; Indianapolis, IN, Federal Energy Regulatory Commission 11921 NOTICES Application: FFP Missouri 12, LLC, 11994 Health and Human Services Department Combined Filings, 11992–11995 See Centers for Disease Control and Prevention Environmental Assessments; Availability, etc.: See Centers for Medicare & Medicaid Services Tennessee Gas Pipeline Co., LLC; East 300 Upgrade See Children and Families Administration Project, 11995–11996 See National Institutes of Health Initial Market-Based Rate Filings Including Requests for See Substance Abuse and Mental Health Services Blanket Section 204 Authorizations: Administration Dressor Plains Solar, LLC, 11995 Prairie State Solar, LLC, 11993 Homeland Security Department Petition for Declaratory Order: See Coast Guard Board of Trustees of Michigan State University, 11993 See Federal Emergency Management Agency

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Housing and Urban Development Department National Foundation on the Arts and the Humanities NOTICES See National Endowment for the Arts Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12019 National Institutes of Health Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Government-Owned Inventions; Availability for Licensing, Veterans Housing Rehabilitation and Modification and 12007–12008 Pilot Program, 12018–12019 Meetings: National Institute of Allergy and Infectious Diseases, Interior Department 12009 See Fish and Wildlife Service National Institute of Mental Health, 12008–12009

Internal Revenue Service National Oceanic and Atmospheric Administration NOTICES RULES Agency Information Collection Activities; Proposals, Fisheries of the Exclusive Economic Zone Off Alaska: Submissions, and Approvals: Central Gulf of Alaska Rockfish Program; Amendment Regulation Project, 12076 111, 11895–11904 Meetings: NOTICES Electronic Tax Administration Advisory Committee, Agency Information Collection Activities; Proposals, 12077 Submissions, and Approvals: Pacific Islands Region Vessel and Gear Identification International Trade Administration Requirements, 11929–11930 NOTICES Application: Antidumping or Countervailing Duty Investigations, Orders, Marine Mammals; File No. 23188, 11930 or Reviews: Takes of Marine Mammals Incidental to Specified Advance Notice of Sunset Review, 11925–11926 Activities: Hand Trucks and Certain Parts Thereof from the People’s Site Characterization Surveys off the Coast of Republic of China, 11926–11927 Massachusetts, 11930–11947 Initiation of Five-Year (Sunset) Reviews, 11928–11929 Mattresses from the People’s Republic of China, 11924– Navy Department 11925 NOTICES Opportunity to Request Administrative Review, 11921– Agency Information Collection Activities; Proposals, 11924 Submissions, and Approvals, 11959–11960 Application for Duty-Free Entry of Scientific Instruments: Cornell University, et.al., 11927–11928 Patent and Trademark Office International Trade Commission NOTICES NOTICES Interim Patent Term Extension: Investigations; Determinations, Modifications, and Rulings, Patent No. 6,953,476; Reducer, 11947–11948 etc.: Personnel Management Office Certain Bone Cements and Bone Cement Accessories, 12029–12030 RULES Certain Polycrystalline Diamond Compacts and Articles Prevailing Rate Systems; Conduct of Local Wage Surveys, Containing Same, 12028–12029 11857–11859 NOTICES Pressure Sensitive Plastic Tape from Italy; Institution of Meetings: a Five-Year Review, 12030–12032 Civil Service Retirement System Board of Actuaries, Justice Department 12038 See Drug Enforcement Administration See Federal Bureau of Investigation Presidential Documents NOTICES PROCLAMATIONS Proposed Consent Decree: Proclamation 10014; Revocation (Proc. 10149), 11847– Clean Water Act, 12036 11848 Proposed Settlement Agreement: EXECUTIVE ORDERS Oil Pollution Act, Clean Water Act, 12035–12036 Certain Presidential Actions; Revocation (EO 14018), 11855–11856 Labor Department U.S. Supply Chains; Strengthening Efforts (EO 14017), NOTICES 11849–11854 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Securities and Exchange Commission National Compensation Survey, 12036–12037 NOTICES Agency Information Collection Activities; Proposals, National Endowment for the Arts Submissions, and Approvals, 12045 NOTICES Application: Agency Information Collection Activities; Proposals, Star Mountain Credit Opportunities Fund, LP, et al., Submissions, and Approvals: 12040–12045 Panelist Profile Data, 12037–12038 Filing: Meetings: Consolidated Tape Association, 12038–12040 Arts Advisory Panel, 12038 Joint Industry Plan, 12045–12047

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Meetings; Sunshine Act, 12057 Transportation Department Order Granting Application: See Federal Aviation Administration Cboe C2 Exchange, Inc., 12052–12053 See Federal Highway Administration MIAX PEARL, LLC, 12064–12066 See Federal Motor Carrier Safety Administration Self-Regulatory Organizations; Proposed Rule Changes: See Federal Railroad Administration Cboe EDGX Exchange, Inc., 12047–12052 NYSE American, LLC, 12053–12057 Treasury Department The Options Clearing Corp., 12057–12064 See Internal Revenue Service Small Business Administration Veterans Affairs Department NOTICES NOTICES Disaster Declaration: Agency Information Collection Activities; Proposals, Colorado, 12067 Submissions, and Approvals: Major Disaster Declaration: Survey of Individuals Using Their Entitlement to Texas, 12066–12067 Educational Assistance under the Educational Surrender of License of Small Business Investment Assistance Programs, 12077–12078 Company: Meetings: Northcreek Mezzanine Fund I, LP, 12066 Research Advisory Committee on Gulf War Veterans’ Illnesses, 12077 Social Security Administration Veterans and Community Oversight and Engagement NOTICES Board, 12078 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12068–12072 Privacy Act; System of Records, 12072–12074 Reader Aids Substance Abuse and Mental Health Services Consult the Reader Aids section at the end of this issue for Administration phone numbers, online resources, finding aids, and notice NOTICES of recently enacted public laws. Certified Laboratories and Instrumented Initial Testing To subscribe to the Federal Register Table of Contents Facilities: electronic mailing list, go to https://public.govdelivery.com/ List of Facilities which Meet Minimum Standards to accounts/USGPOOFR/subscriber/new, enter your e-mail Engage in Urine and Oral Fluid Drug Testing for address, then follow the instructions to join, leave, or Federal Agencies, 12009–12011 manage your subscription.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 10149...... 11847 Executive Orders: 14017...... 11849 14018...... 11855 5 CFR 532...... 11857 14 CFR 71 (2 documents) ...... 11859, 11860 21 CFR 1308...... 11862 22 CFR Proposed Rules: 213...... 11905 33 CFR Proposed Rules: 96...... 11913 40 CFR 52 (6 documents) ...... 11867, 11870, 11872, 11873, 11875, 11878 Proposed Rules: 52 (2 documents) ...... 11913, 11915 62...... 11916 46 CFR Proposed Rules: 71...... 11913 115...... 11913 176...... 11913 47 CFR 25...... 11880 49 CFR 209...... 11888 211...... 11888 389...... 11891 50 CFR 17...... 11892 679...... 11895 680...... 11895

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Federal Register Presidential Documents Vol. 86, No. 38

Monday, March 1, 2021

Title 3— Proclamation 10149 of February 24, 2021

The President Revoking Proclamation 10014

By the President of the United States of America

A Proclamation The suspension of entry imposed in Proclamation 10014 of April 22, 2020 (Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak), as extended by section 1 of Proclamation 10052 of June 22, 2020 (Suspension of Entry of Immigrants and Nonimmigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak), and section 1 of Proclamation 10131 of December 31, 2020 (Suspension of Entry of Immigrants and Nonimmigrants Who Continue To Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak), does not advance the interests of the United States. To the contrary, it harms the United States, including by preventing certain family members of United States citizens and lawful permanent residents from joining their families here. It also harms industries in the United States that utilize talent from around the world. And it harms individuals who were selected to receive the opportunity to apply for, and those who have likewise received, immigrant visas through the Fiscal Year 2020 Diversity Visa Lottery. Proclamation 10014 has prevented these individuals from entering the United States, resulting, in some cases, in the delay and possible forfeiture of their opportunity to receive Fiscal Year 2020 diversity visas and to realize their dreams in the United States. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigra- tion and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), hereby find that the unrestricted entry into the United States of persons described in section 1 of Proclamation 10014 is not detrimental to the interests of the United States. I therefore hereby proclaim the following: Section 1. Revocation. Proclamation 10014, section 1 of Proclamation 10052, and section 1 of Proclamation 10131 are revoked. Sec. 2. Review of Agency Guidance. The Secretary of State, the Secretary of Labor, and the Secretary of Homeland Security shall review any regulations, orders, guidance documents, policies, and any other similar agency actions developed pursuant to Proclamation 10014 and, as appropriate, issue revised guidance consistent with the policy set forth in this proclamation. Sec. 3. General Provisions. (a) Nothing in this proclamation shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by

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any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day of February, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth.

[FR Doc. 2021–04279 Filed 2–26–21; 8:45 am] Billing code 3295–F1–P

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Executive Order 14017 of February 24, 2021

America’s Supply Chains

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. The United States needs resilient, diverse, and secure supply chains to ensure our economic prosperity and national security. Pandemics and other biological threats, cyber-attacks, climate shocks and extreme weather events, terrorist attacks, geopolitical and economic competition, and other conditions can reduce critical manufacturing capacity and the availability and integrity of critical goods, products, and services. Resil- ient American supply chains will revitalize and rebuild domestic manufacturing capacity, maintain America’s competitive edge in research and development, and create well-paying jobs. They will also support small businesses, promote prosperity, advance the fight against climate change, and encourage economic growth in communities of color and economically distressed areas. More resilient supply chains are secure and diverse—facilitating greater domestic production, a range of supply, built-in redundancies, adequate stockpiles, safe and secure digital networks, and a world-class American manufacturing base and workforce. Moreover, close cooperation on resilient supply chains with allies and partners who share our values will foster collective economic and national security and strengthen the capacity to respond to international disasters and emergencies. Therefore, it is the policy of my Administration to strengthen the resilience of America’s supply chains. Sec. 2. Coordination. The Assistant to the President for National Security Affairs (APNSA) and the Assistant to the President for Economic Policy (APEP) shall coordinate the executive branch actions necessary to implement this order through the interagency process identified in National Security Memorandum 2 of February 4, 2021 (Renewing the National Security Council System). In implementing this order, the heads of agencies should, as appropriate, consult outside stakeholders—such as those in industry, academia, non-governmental organizations, communities, labor unions, and State, local, and Tribal governments—in order to fulfill the policy identified in section 1 of this order. Sec. 3. 100-Day Supply Chain Review. (a) To advance the policy described in section 1 of this order, the APNSA and the APEP, in coordination with the heads of appropriate agencies, as defined in section 6(a) of this order, shall complete a review of supply chain risks, as outlined in subsection (b) of this section, within 100 days of the date of this order. (b) Within 100 days of the date of this order, the specified heads of agencies shall submit the following reports to the President, through the APNSA and the APEP: (i) The Secretary of Commerce, in consultation with the heads of appropriate agencies, shall submit a report identifying risks in the semiconductor manufacturing and advanced packaging supply chains and policy recommendations to address these risks. The report shall include the items described in section 4(c) of this order. (ii) The Secretary of Energy, in consultation with the heads of appropriate agencies, shall submit a report identifying risks in the supply chain for

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high-capacity batteries, including electric-vehicle batteries, and policy recommendations to address these risks. The report shall include the items described in section 4(c) of this order. (iii) The Secretary of Defense (as the National Defense Stockpile Manager), in consultation with the heads of appropriate agencies, shall submit a report identifying risks in the supply chain for critical minerals and other identified strategic materials, including rare earth elements (as determined by the Secretary of Defense), and policy recommendations to address these risks. The report shall also describe and update work done pursuant to Executive Order 13953 of September 30, 2020 (Addressing the Threat to the Domestic Supply Chain From Reliance on Critical Minerals From Foreign Adversaries and Supporting the Domestic Mining and Processing Industries). The report shall include the items described in section 4(c) of this order. (iv) The Secretary of Health and Human Services, in consultation with the heads of appropriate agencies, shall submit a report identifying risks in the supply chain for pharmaceuticals and active pharmaceutical ingredients and policy recommendations to address these risks. The report shall complement the ongoing work to secure the supply chains of critical items needed to combat the COVID–19 pandemic, including personal protective equipment, conducted pursuant to Executive Order 14001 of January 21, 2021 (A Sustainable Public Health Supply Chain). The report shall include the items described in section 4(c) of this order. (c) The APNSA and the APEP shall review the reports required under subsection (b) of this section and shall submit the reports to the President in an unclassified form, but may include a classified annex. (d) The APNSA and the APEP shall include a cover memorandum to the set of reports submitted pursuant to this section, summarizing the reports’ findings and making any additional overall recommendations for addressing the risks to America’s supply chains, including the supply chains for the products identified in subsection (b) of this section. Sec. 4. Sectoral Supply Chain Assessments. (a) Within 1 year of the date of this order, the specified heads of agencies shall submit the following reports to the President, through the APNSA and the APEP: (i) The Secretary of Defense, in consultation with the heads of appropriate agencies, shall submit a report on supply chains for the defense industrial base that updates the report provided pursuant to Executive Order 13806 of July 21, 2017 (Assessing and Strengthening the Manufacturing and Defense Industrial Base and Supply Chain Resiliency of the United States), and builds on the Annual Industrial Capabilities Report mandated by the Congress pursuant to section 2504 of title 10, United States Code. The report shall identify areas where civilian supply chains are dependent upon competitor nations, as determined by the Secretary of Defense. (ii) The Secretary of Health and Human Services, in consultation with the heads of appropriate agencies, shall submit a report on supply chains for the public health and biological preparedness industrial base (as determined by the Secretary of Health and Human Services). The report shall complement the work conducted pursuant to section 4 of Executive Order 14001. (iii) The Secretary of Commerce and the Secretary of Homeland Security, in consultation with the heads of appropriate agencies, shall submit a report on supply chains for critical sectors and subsectors of the information and communications technology (ICT) industrial base (as determined by the Secretary of Commerce and the Secretary of Homeland Security), including the industrial base for the development of ICT software, data, and associated services. (iv) The Secretary of Energy, in consultation with the heads of appropriate agencies, shall submit a report on supply chains for the energy sector industrial base (as determined by the Secretary of Energy).

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(v) The Secretary of Transportation, in consultation with the heads of appropriate agencies, shall submit a report on supply chains for the transportation industrial base (as determined by the Secretary of Transportation). (vi) The Secretary of Agriculture, in consultation with the heads of appropriate agencies, shall submit a report on supply chains for the production of agricultural commodities and food products. (b) The APNSA and the APEP shall, as appropriate and in consultation with the heads of appropriate agencies, recommend adjustments to the scope for each industrial base assessment, including digital networks, services, assets, and data (‘‘digital products’’), goods, services, and materials that are relevant within more than one defined industrial base, and add new assessments, as appropriate, for goods and materials not included in the above industrial base assessments. (c) Each report submitted under subsection (a) of this section shall include a review of: (i) the critical goods and materials, as defined in section 6(b) of this order, underlying the supply chain in question; (ii) other essential goods and materials, as defined in section 6(d) of this order, underlying the supply chain in question, including digital products; (iii) the manufacturing or other capabilities necessary to produce the materials identified in subsections (c)(i) and (c)(ii) of this section, including emerging capabilities; (iv) the defense, intelligence, cyber, homeland security, health, climate, environmental, natural, market, economic, geopolitical, human-rights or forced-labor risks or other contingencies that may disrupt, strain, compromise, or eliminate the supply chain—including risks posed by supply chains’ reliance on digital products that may be vulnerable to failures or exploitation, and risks resulting from the elimination of, or failure to develop domestically, the capabilities identified in subsection (c)(iii) of this section—and that are sufficiently likely to arise so as to require reasonable preparation for their occurrence; (v) the resilience and capacity of American manufacturing supply chains and the industrial and agricultural base—whether civilian or defense— of the United States to support national and economic security, emergency preparedness, and the policy identified in section 1 of this order, in the event any of the contingencies identified in subsection (c)(iv) of this section occurs, including an assessment of: (A) the manufacturing or other needed capacities of the United States, including the ability to modernize to meet future needs; (B) gaps in domestic manufacturing capabilities, including nonexistent, extinct, threatened, or single-point-of-failure capabilities; (C) supply chains with a single point of failure, single or dual suppliers, or limited resilience, especially for subcontractors, as defined by section 44.101 of title 48, Code of Federal Regulations (Federal Acquisition Regula- tion); (D) the location of key manufacturing and production assets, with any significant risks identified in subsection (c)(iv) of this section posed by the assets’ physical location; (E) exclusive or dominant supply of critical goods and materials and other essential goods and materials, as identified in subsections (c)(i) and (c)(ii) of this section, by or through nations that are, or are likely to become, unfriendly or unstable; (F) the availability of substitutes or alternative sources for critical goods and materials and other essential goods and materials, as identified in subsections (c)(i) and (c)(ii) of this section;

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(G) current domestic education and manufacturing workforce skills for the relevant sector and identified gaps, opportunities, and potential best practices in meeting the future workforce needs for the relevant sector; (H) the need for research and development capacity to sustain leadership in the development of critical goods and materials and other essential goods and materials, as identified in subsections (c)(i) and (c)(ii) of this section; (I) the role of transportation systems in supporting existing supply chains and risks associated with those transportation systems; and (J) the risks posed by climate change to the availability, production, or transportation of critical goods and materials and other essential goods and materials, as identified in subsections (c)(i) and (c)(ii) of this section. (vi) allied and partner actions, including whether United States allies and partners have also identified and prioritized the critical goods and materials and other essential goods and materials identified in subsections (c)(i) and (c)(ii) of this section, and possible avenues for international engagement. In assessing these allied and partner actions, the heads of agencies shall consult with the Secretary of State; (vii) the primary causes of risks for any aspect of the relevant industrial base and supply chains assessed as vulnerable pursuant to subsection (c)(v) of this section; (viii) a prioritization of the critical goods and materials and other essential goods and materials, including digital products, identified in subsections (c)(i) and (c)(ii) of this section for the purpose of identifying options and policy recommendations. The prioritization shall be based on statutory or regulatory requirements; importance to national security, emergency preparedness, and the policy set forth in section 1 of this order; and the review conducted pursuant to subsection (c)(v) of this section; (ix) specific policy recommendations for ensuring a resilient supply chain for the sector. Such recommendations may include sustainably reshoring supply chains and developing domestic supplies, cooperating with allies and partners to identify alternative supply chains, building redundancy into domestic supply chains, ensuring and enlarging stockpiles, developing workforce capabilities, enhancing access to financing, expanding research and development to broaden supply chains, addressing risks due to vulnerabilities in digital products relied on by supply chains, addressing risks posed by climate change, and any other recommendations; (x) any executive, legislative, regulatory, and policy changes and any other actions to strengthen the capabilities identified in subsection (c)(iii) of this section, and to prevent, avoid, or prepare for any of the contingencies identified in subsection (c)(iv) of this section; and (xi) proposals for improving the Government-wide effort to strengthen supply chains, including proposals for coordinating actions required under this order with ongoing efforts that could be considered duplicative of the work of this order or with existing Government mechanisms that could be used to implement this order in a more effective manner. (d) The APNSA and the APEP shall review the reports required under subsection (a) of this section and shall submit the reports to the President in an unclassified form, but may include a classified annex. Sec. 5. General Review and Recommendations. As soon as practicable following the submission of the reports required under section 4 of this order, the APNSA and the APEP, in coordination with the heads of appropriate agencies, shall provide to the President one or more reports reviewing the actions taken over the previous year and making recommendations concerning: (a) steps to strengthen the resilience of America’s supply chains; (b) reforms needed to make supply chain analyses and actions more effective, including statutory, regulatory, procedural, and institutional design

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changes. The report shall include recommendations on whether additional offices, personnel, resources, statistical data, or authorities are needed; (c) establishment of a quadrennial supply chain review, including processes and timelines regarding ongoing data gathering and supply chain monitoring; (d) diplomatic, economic, security, trade policy, informational, and other actions that can successfully engage allies and partners to strengthen supply chains jointly or in coordination; (e) insulating supply chain analyses and actions from conflicts of interest, corruption, or the appearance of impropriety, to ensure integrity and public confidence in supply chain analyses; (f) reforms to domestic and international trade rules and agreements needed to support supply chain resilience, security, diversity, and strength; (g) education and workforce reforms needed to strengthen the domestic industrial base; (h) steps to ensure that the Government’s supply chain policy supports small businesses, prevents monopolization, considers climate and other environmental impacts, encourages economic growth in communities of color and economically distressed areas, and ensures geographic dispersal of economic activity across all regions of the United States; and (i) Federal incentives and any amendments to Federal procurement regulations that may be necessary to attract and retain investments in critical goods and materials and other essential goods and materials, as defined in sections 6(b) and 6(d) of this order, including any new programs that could encourage both domestic and foreign investment in critical goods and materials. Sec. 6. Definitions. For purposes of this order: (a) ‘‘Agency’’ means any authority of the United States that is an ‘‘agency’’ under 44 U.S.C. 3502(1), other than those considered to be independent regulatory agencies, as defined in 44 U.S.C. 3502(5). ‘‘Agency’’ also means any component of the Executive Office of the President. (b) ‘‘Critical goods and materials’’ means goods and raw materials currently defined under statute or regulation as ‘‘critical’’ materials, technologies, or infrastructure. (c) ‘‘Critical minerals’’ has the meaning given to that term in Executive Order 13953 of September 30, 2020 (Addressing the Threat to the Domestic Supply Chain From Reliance on Critical Minerals From Foreign Adversaries and Supporting the Domestic Mining and Processing Industries). (d) ‘‘Other essential goods and materials’’ means goods and materials that are essential to national and economic security, emergency preparedness, or to advance the policy set forth in section 1 of this order, but not included within the definition of ‘‘critical goods and materials.’’ (e) ‘‘Supply chain,’’ when used with reference to minerals, includes the exploration, mining, concentration, separation, alloying, recycling, and re- processing of minerals. Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

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

THE WHITE HOUSE, February 24, 2021.

[FR Doc. 2021–04280 Filed 2–26–21; 8:45 am] Billing code 3295–F1–P

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Executive Order 14018 of February 24, 2021

Revocation of Certain Presidential Actions

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Revocation of Presidential Actions. The following Presidential actions are revoked: Executive Order 13772 of February 3, 2017 (Core Prin- ciples for Regulating the United States Financial System), Executive Order 13828 of April 10, 2018 (Reducing Poverty in America by Promoting Oppor- tunity and Economic Mobility), Memorandum of January 29, 2020 (Delegation of Certain Authority Under the Federal Service Labor-Management Relations Statute), Executive Order 13924 of May 19, 2020 (Regulatory Relief To Support Economic Recovery), Memorandum of September 2, 2020 (Reviewing Funding to State and Local Government Recipients of Federal Funds That Are Permitting Anarchy, Violence, and Destruction in American Cities), Executive Order 13967 of December 18, 2020 (Promoting Beautiful Federal Civic Architecture), and Executive Order 13979 of January 18, 2021 (Ensuring Democratic Accountability in Agency Rulemaking). Sec. 2. Implementation. The Director of the Office of Management and Budget and the heads of executive departments and agencies shall promptly consider taking steps to rescind any orders, rules, regulations, guidelines, or policies, or portions thereof, implementing or enforcing the Presidential actions identified in section 1 of this order, as appropriate and consistent with applicable law, including the Administrative Procedure Act, 5 U.S.C. 551 et seq. In addition, any personnel positions, committees, task forces, or other entities established pursuant to the Presidential actions identified in section 1 of this order shall be abolished, as appropriate and consistent with applicable law. Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

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THE WHITE HOUSE, February 24, 2021.

[FR Doc. 2021–04281 Filed 2–26–21; 8:45 am] Billing code 3295–F1–P

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Rules and Regulations Federal Register Vol. 86, No. 38

Monday, March 1, 2021

This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: for the collection and the analysis of the contains regulatory documents having general Mark Allen, by telephone at (202) 606– survey data. In all wage areas, local applicability and legal effect, most of which 2858 or by email at pay-leave-policy@ labor-management teams participate in are keyed to and codified in the Code of opm.gov. the collection of data from private sector Federal Regulations, which is published under establishments. This will not change. As 50 titles pursuant to 44 U.S.C. 1510. SUPPLEMENTARY INFORMATION: The Office of Personnel Management (OPM) the lead agency for all wage areas, DOD The Code of Federal Regulations is sold by received a request from the Department will continue to work together with the Superintendent of Documents. of Defense (DOD) to amend the labor organizations during the data regulatory provisions in part 532 of title collection process even when in-person 5, Code of Federal Regulations (CFR), visits cannot be conducted. Labor OFFICE OF PERSONNEL participation will be facilitated through MANAGEMENT which require in-person visits by data collectors to private industrial alternative data collection processes to include telephone, mail, and electronic 5 CFR Part 532 establishments for Federal Wage System (FWS) full-scale wage surveys. This means. RIN 3206–AO15 interim final rule amends sections 5 The Federal Prevailing Rate Advisory CFR 532.201, 532.207, 532.235, and Committee (FPRAC), the national labor- Prevailing Rate Systems; Conduct of 532.247. management committee responsible for Local Wage Surveys Under sections 5343(a)(2) and (3) of advising OPM on matters concerning title 5, United States Code, OPM the pay of FWS employees, AGENCY: Office of Personnel recommended this change by majority Management. designates a lead agency for each wage area to conduct wage surveys, analyze vote. ACTION: Interim final rule; request for wage survey data, and develop and comments. Waiver of Notice of Proposed Rule establish appropriate wage schedules Making and rates for prevailing rate employees. SUMMARY: The Office of Personnel OPM is issuing this rulemaking as an Management is issuing an interim final DOD is the designated lead agency for all FWS wage areas. interim final rule and has determined rule to amend regulations to allow for that, under the Administrative additional options to collect wage data Wage surveys are conducted every year. A full-scale wage survey is Procedure Act (APA), 5 U.S.C. during Federal Wage System full-scale 553(b)(B), it would be impracticable and and wage change surveys, namely, by conducted one year, with data collectors required to make in-person visits to contrary to the public interest to delay personal visit, telephone, mail, or a final regulation until a public notice electronic means. This change is based local private sector employers to collect wage data. The next year a wage change and comment process has been on a majority recommendation of the completed. OPM also is waiving general Federal Prevailing Rate Advisory survey is conducted, with data collectors contacting participants from notice of proposed rulemaking under Committee and was initiated by a the Civil Service Reform Act’s parallel Department of Defense request for the prior full-scale wage survey to collect wage data on previously rulemaking provision, 5 U.S.C. greater flexibility to obtain accurate and 1103(b)(3), because the interim final timely prevailing wage data in local collected jobs. The overall objective of FWS wage rule is temporary in nature and labor markets during and after the surveys is to obtain the most accurate necessary to be implemented national emergency caused by the information possible to measure expeditiously as a result of an COVID–19 health crisis. prevailing wage levels in each wage area emergency. DATES: The interim final rule is effective and establish wage schedules in The United States is experiencing a on March 31, 2021. Comments must be accordance with prevailing rate systems national emergency caused by the received on or before March 31, 2021. law. The preferred method for collecting spread of the novel coronavirus SARS– ADDRESSES: You may submit comments, wage data from private sector CoV–2 and the respiratory disease it identified by docket number and/or establishments during full-scale wage causes (COVID–19). OPM has Regulatory Information Number (RIN) surveys is by personal visit to such established in regulation a timetable for and title, by the following method: establishments. Even though the when a local wage survey must begin in • Federal Rulemaking Portal: http:// preferred method continues to be each FWS wage area. Due to this www.regulations.gov. Follow the personal visits, technological advances national emergency, DOD staff instructions for submitting comments. now provide new tools for data responsible for local wage survey All submissions received must collection that were not available when activities have not been able to travel include the agency name and docket the FWS pay system was established. and collect local wage survey data. In number or RIN for this document. The There are now electronic tools, systems, addition, many private sector general policy for comments and other devices, and resources that assist in establishments where DOD wage survey submissions from members of the public gathering information in cost effective staff normally collect wage data are not is to make these submissions available and reliable ways. Use of these new operating with human resources staff on for public viewing at http:// tools would provide DOD staff with site to meet in person. The current www.regulations.gov as they are opportunities to innovate and improve pandemic was not envisioned when the received without change, including any data collection methods. wage survey timetable was originally personal identifiers or contact Labor participation at all levels is a established and OPM does not have the information. requirement within the FWS, including ability under the law or regulation to

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waive the annual wage survey Regulatory Impact Analysis Reduction Act, the following collections requirements. OPM has examined the impact of this will be affected: Establishment This regulation will provide new tools rule as required by Executive Order Information Form (DD 1918), Wage Data for data collection that will assist DOD 12866 and Executive Order 13563, Collection Form (DD 1919), and Wage to gather information in cost effective which direct agencies to assess all costs Data Collection Continuation Form (DD and reliable ways even during a national and benefits of available regulatory 1919C)—OMB Control Number: 3206– or local emergency. The conclusion of a alternatives and, if regulation is 0036. public notice and comment period necessary, to select regulatory The wage survey methodology before the rule is finalized would be approaches that maximize net benefits required of DOD when using these impracticable because it would impede (including potential economic, forms is not being updated. The survey DOD from obtaining timely and accurate environmental, public, health, and and burden times associated with this information to measure prevailing wage safety effects, distributive impacts, and survey remain the same and, therefore, levels and establish wage schedules in equity). A regulatory impact analysis the forms do not need to be resubmitted accordance with prevailing rate systems must be prepared for major rules with for OMB review. We do not expect the law in those wage areas where a full- economically significant effects of $100 respondent burden to increase or scale wage survey is required. million or more in any 1 year. This rule decrease through this change in President Trump declared a national has not been designated as a ‘‘significant procedure. In the long term, DOD may emergency in response to the COVID–19 regulatory action,’’ under Executive be able to save on some travel costs but public health crisis on March 13, 2020. Order 12866. given that the decision to use alternative In efforts to limit spread of the disease data collection methods than in-person and to protect employees’ safety, DOD Regulatory Flexibility Act visits will reside with the local wage immediately implemented a travel ban, OPM certifies that this rule will not survey committee any cost savings are which made it impossible for data have a significant economic impact on currently unknowable. collectors to obtain survey data by a substantial number of small entities. List of Subjects in 5 CFR Part 532 personal visits to private sector Federalism establishments. The management Administrative practice and members of FPRAC introduced a We have examined this rule in procedure, Freedom of information, proposal at the Committee’s July 16, accordance with Executive Order 13132, Government employees, Reporting and 2020, meeting to amend the regulations Federalism, and have determined that recordkeeping requirements, Wages. in 5 CFR part 532 to allow for the this rule will not have any negative Office of Personnel Management. collection of data by alternate means. A impact on the rights, roles and Alexys Stanley, responsibilities of State, local, or tribal final recommendation was adopted at Regulatory Affairs Analyst. FPRAC’s September 17, 2020, meeting. governments. Accordingly, OPM is amending 5 CFR Because of the need to issue timely Civil Justice Reform wage schedules for FWS employees in part 532 as follows: accordance with current law and the This regulation meets the applicable standard set forth in Executive Order PART 532—PREVAILING RATE regulatory timetable for conducting SYSTEMS local wage surveys, there is insufficient 12988. time for OPM to complete a notice and Unfunded Mandates Act of 1995 ■ 1. The authority citation for part 532 comment rulemaking without negatively This rule will not result in the continues to read as follows: impacting the accuracy and timeliness expenditure by State, local, and tribal of local prevailing wage determinations. Authority: 5 U.S.C. 5343, 5346; § 532.707 governments, in the aggregate, or by the also issued under 5 U.S.C. 552. The conclusion of a public notice and private sector, of $100 million or more comment period before the rule is in any year and it will not significantly PART 532—PREVAILING RATE finalized would also be contrary to the or uniquely affect small governments. SYSTEMS public interest because it would result Therefore, no actions were deemed ■ in wage schedules being based only on necessary under the provisions of the 2. Amend § 532.201 by revising the the minimum pay increase applicable Unfunded Mandates Reform Act of definitions of ‘‘Full-scale survey’’ and under separate appropriations law and 1995. ‘‘Wage change survey ‘‘to read as not on current local wage survey data. follows: For these reasons, OPM has Congressional Review Act § 532.201 Definitions. determined that the public notice and The Congressional Review Act (5 participation that the law ordinarily U.S.C. 801 et seq.) requires rules (as * * * * * requires would, in this case, be defined in 5 U.S.C. 804) to be submitted Full-scale survey means a survey impracticable and contrary to the public to Congress before taking effect. OPM conducted at least every 2 years in interest and that good cause exists to will submit to Congress and the which data are collected from a current waive the general notice of proposed Comptroller General of the United sampling of establishments in the rulemaking pursuant to 5 U.S.C. States a report regarding the issuance of private sector by personal visit of data 553(b)(B) and delay its solicitation of this action before its effective date, as collectors. With the unanimous consent comments from the public until after it required by 5 U.S.C. 801. This action is of the members of a Local Wage Survey issues an interim final rule. The interim not major as defined by the Committee, data may also be obtained final rule is temporary in nature, and Congressional Review Act (CRA) (5 from a private sector establishment or expeditious timing is required because U.S.C. 804). establishments during a full-scale wage of the circumstances facing DOD during survey by telephone, mail, or electronic the COVID–19 emergency. OPM will Paperwork Reduction Act means. promulgate a final rule as soon as While this rule does not impose any * * * * * practical after receiving public new reporting or record-keeping Wage change survey means a survey comments on the interim final rule. requirements subject to the Paperwork in which rate change data are collected

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from the same establishments and for of general application in effect for jobs Independence Avenue SW, Washington, the same establishment occupations matched in each establishment which DC 20591; telephone: (202) 267–8783. represented in the full-scale survey. participated in the preceding full-scale The Order is also available for These data may be collected by survey shall be obtained. inspection at the National Archives and telephone, mail, electronic means, or (c) Data may be obtained in wage Records Administration (NARA). For personal visit. change surveys by telephone, mail, information on the availability of FAA ■ 3. Amend § 532.207 by revising electronic means, or personal visit. The Order 7400.11E at NARA, email: paragraphs (a) through (c) to read as chairperson of the local wage survey [email protected] or go to https:// follows: committee shall determine the manner www.archives.gov/federal-register/cfr/ in which establishments will be ibr-locations.html. § 532.207 Time schedule for wage surveys. contacted for collection of data. Data FOR FURTHER INFORMATION CONTACT: (a) Wage surveys shall be conducted may be collected by the local wage Colby Abbott, Rules and Regulations on a 2-year cycle at annual intervals. survey committee members or by data Group, Office of Policy, Federal (b) A full-scale survey shall be made collectors appointed and assigned to Aviation Administration, 800 in the first year of the 2-year cycle and two member teams in accordance with Independence Avenue SW, Washington, shall include development of a current § 532.233(e) of this subpart. DC 20591; telephone: (202) 267–8783. sample of establishments and the * * * * * collection of wage data by visits to [FR Doc. 2021–03958 Filed 2–26–21; 8:45 am] SUPPLEMENTARY INFORMATION: establishments. With the unanimous BILLING CODE 6325–39–P Authority for This Rulemaking consent of the members of a Local Wage Survey Committee, data may also be The FAA’s authority to issue rules obtained from a private sector DEPARTMENT OF TRANSPORTATION regarding aviation safety is found in establishment or establishments during Title 49 of the United States Code. a full-scale wage survey by telephone, Federal Aviation Administration Subtitle I, Section 106 describes the mail, or electronic means. authority of the FAA Administrator. (c) A wage-change survey shall be 14 CFR Part 71 Subtitle VII, Aviation Programs, made every other year using only the describes in more detail the scope of the [Docket No. FAA–2020–0003; Airspace agency’s authority. This rulemaking is same employers, occupations, survey Docket No. 19–ACE–11] jobs, and establishment weights used in promulgated under the authority the preceding full-scale survey. Data RIN 2120–AA66 described in Subtitle VII, Part A, may be collected by telephone, mail, Subpart I, Section 40103. Under that electronic means, or personal contact. Amendment of VOR Federal Airways section, the FAA is charged with V–12, V–74, and V–516 in the Vicinity * * * * * prescribing regulations to assign the use of Anthony, KS of the airspace necessary to ensure the ■ 4. Amend § 532.235 by revising safety of aircraft and the efficient use of paragraph (a) and paragraph (b) AGENCY: Federal Aviation airspace. This regulation is within the introductory text to read as follows: Administration (FAA), DOT. scope of that authority as it would ACTION: Final rule. § 532.235 Conduct of full-scale wage modify the route structure as necessary survey. SUMMARY: This action amends VHF to preserve the safe and efficient flow of (a) Wage survey data shall not be Omnidirectional Range (VOR) Federal air traffic within the National Airspace collected before the date the survey is airways V–12, V–74, and V–516, in the System. ordered by the lead agency. vicinity of Anthony, KS. The History (b) Data collection for a full-scale modifications are necessary due to the wage survey shall be accomplished by planned decommissioning of the VOR The FAA published a notice of personal visit to private sector portion of the Anthony, KS, VOR/ proposed rulemaking for Docket No. establishments. With the unanimous Tactical Air Navigation (VORTAC) FAA–2020–0003 in the Federal Register consent of the members of a Local Wage navigation aid (NAVAID), which (85 FR 3290; January 21, 2020), Survey Committee, data may also be provides navigation guidance for amending VOR Federal airways V–12, obtained from a private sector portions of the affected VOR Federal V–74, and V–516 in the vicinity of establishment or establishments during airways. The Anthony VOR is being Anthony, KS, due to the planned a full-scale wage survey by telephone, decommissioned as part of the FAA’s decommissioning of the VOR portion of mail, or electronic means. The following VOR Minimum Operational Network the Anthony, KS, VORTAC. Interested required data shall be collected: (MON) program. parties were invited to participate in * * * * * DATES: Effective date 0901 UTC, April this rulemaking effort by submitting written comments on the proposal. No ■ 5. Amend § 532.247 by revising 22, 2021. The Director of the Federal comments were received. paragraphs (a) through (c) to read as Register approves this incorporation by follows: reference action under 1 CFR part 51, VOR Federal airways are published in subject to the annual revision of FAA paragraph 6010(a) of FAA Order § 532.247 Wage change surveys. Order 7400.11 and publication of 7400.11E dated July 21, 2020, and (a) Wage change surveys shall be conforming amendments. effective September 15, 2020, which is conducted in each wage area in years ADDRESSES: FAA Order 7400.11E, incorporated by reference in 14 CFR during which full-scale wage surveys Airspace Designations and Reporting 71.1. The VOR Federal airways listed in are not conducted. Points, and subsequent amendments can this document will be subsequently (b) Data shall be collected in wage be viewed online at https:// published in the Order. change surveys only from www.faa.gov/air_traffic/publications/. FAA Order 7400.11, Airspace establishments which participated in For further information, you can contact Designations and Reporting Points, is the preceding full-scale survey. the Rules and Regulations Group, published yearly and effective on Information concerning pay adjustments Federal Aviation Administration, 800 September 15.

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Availability and Summary of February 26, 1979); and (3) does not § 71.1 [Amended] Documents for Incorporation by warrant preparation of a regulatory ■ 2. The incorporation by reference in Reference evaluation as the anticipated impact is 14 CFR 71.1 of FAA Order 7400.11E, This document proposes to amend so minimal. Since this is a routine Airspace Designations and Reporting FAA Order 7400.11E, Airspace matter that only affects air traffic Points, dated July 21, 2020, and Designations and Reporting Points, procedures and air navigation, it is effective September 15, 2020, is dated July 21, 2020 and effective certified that this rule, when amended as follows: promulgated, does not have a significant September 15, 2020. FAA Order Paragraph 6010(a) Domestic VOR Federal 7400.11E is publicly available as listed economic impact on a substantial number of small entities under the Airways. in the ADDRESSES section of this * * * * * document. FAA Order 7400.11E lists criteria of the Regulatory Flexibility Act. Class A, B, C, D, and E airspace areas, Environmental Review V–12 [Amended] From Gaviota, CA; San Marcus, CA; air traffic service routes, and reporting The FAA has determined that this points. Palmdale, CA; 38 miles, 6 miles wide, action of modifying VOR Federal Hector, CA; 12 miles, 38 miles, 85 MSL, 14 The Rule airways V–12, V–74, and V–516, due to miles, 75 MSL, Needles, CA; 45 miles, 34 the planned decommissioning of the The FAA is amending 14 CFR part 71 miles, 95 MSL, Drake, AZ; Winslow, AZ; 30 VOR portion of the Anthony, KS, miles, 85 MSL, Zuni, NM; Albuquerque, NM; by modifying VOR Federal airways V– VORTAC NAVAID, qualifies for Otto, NM; Anton Chico, NM; Tucumcari, 12, V–74, and V–516. The planned categorical exclusion under the National NM; Panhandle, TX; to Mitbee, OK. From decommissioning of the VOR portion of ° Environmental Policy Act and its Wichita, KS; Emporia, KS; INT Emporia 063 the Anthony, KS, VORTAC NAVAID ° implementing regulations at 40 CFR part and Napoleon, MO, 243 radials; Napoleon; has made this action necessary. The INT Napoleon 095° and Columbia, MO, 292° 1500, and in accordance with FAA VOR Federal airway changes are radials; Columbia; Foristell, MO; Troy, IL; Order 1050.1F, Environmental Impacts: outlined below. Bible Grove, IL; to Shelbyville, IN. From Policies and Procedures, paragraph 5– V–12: V–12 extends between the Allegheny, PA; Johnstown, PA; Harrisburg, 6.5a, which categorically excludes from ° Gaviota, CA, VORTAC and the PA; INT Harrisburg 092 and Pottstown, PA, further environmental impact review 278° radials; to Pottstown. Shelbyville, IN, VOR/Distance rulemaking actions that designate or Measuring Equipment (VOR/DME); and * * * * * modify classes of airspace areas, between the Allegheny, PA, VOR/DME airways, routes, and reporting points V–74 [Amended] and the Pottstown, PA, VORTAC. The (see 14 CFR part 71, Designation of From Garden City, KS; to Dodge City, KS. airway segment between the Mitbee, Class A, B, C, D, and E Airspace Areas; From Pioneer, OK; Tulsa, OK; Fort Smith, OK, VORTAC and the Wichita, KS, Air Traffic Service Routes; and AR; 6 miles, 7 miles wide (4 miles north and VORTAC is removed. Additionally, the 3 miles south of centerline) Little Rock, AR; Reporting Points). As such, this action Amarillo, TX, VOR listed in the airway Pine Bluff, AR; Greenville, MS; to Magnolia, is not expected to result in any description is corrected to reflect the MS. potentially significant environmental Panhandle, TX, VORTAC. The * * * * * impacts. In accordance with FAA Order unaffected portions of the existing 1050.1F, paragraph 5–2 regarding V–516 [Amended] airway remain as charted. Extraordinary Circumstances, the FAA V–74: V–74 extends between the From Pioneer, OK; to Oswego, KS. has reviewed this action for factors and Garden City, KS, VORTAC and the * * * * * circumstances in which a normally Magnolia, MS, VORTAC. The airway categorically excluded action may have Issued in Washington, DC, on February 22, segment between the Dodge City, KS, 2021. a significant environmental impact VORTAC and the Pioneer, OK, VORTAC requiring further analysis. The FAA has George Gonzalez, is removed. The unaffected portions of determined that no extraordinary Acting Manager, Rules and Regulations the existing airway remain as charted. circumstances exist that warrant Group. V–516: V–516 extends between the preparation of an environmental [FR Doc. 2021–03879 Filed 2–26–21; 8:45 am] Liberal, KS, VORTAC and the Oswego, assessment or environmental impact BILLING CODE 4910–13–P KS, VOR/DME. The airway segment study. between the Liberal, KS, VORTAC and the Pioneer, OK, VORTAC is removed. List of Subjects in 14 CFR Part 71 DEPARTMENT OF TRANSPORTATION The unaffected portion of the existing Airspace, Incorporation by reference, Federal Aviation Administration airway remains as charted. All radials Navigation (air). listed in the VOR Federal airway descriptions below are unchanged and Adoption of the Amendment 14 CFR Part 71 stated in True degrees. In consideration of the foregoing, the [Docket No. FAA–2020–0942; Airspace Regulatory Notices and Analyses Federal Aviation Administration Docket No. 20–AWP–12] amends 14 CFR part 71 as follows: The FAA has determined that this RIN 2120–AA66 regulation only involves an established PART 71—DESIGNATION OF CLASS A, Amendment of Class D and Class E body of technical regulations for which B, C, D, AND E AIRSPACE AREAS; AIR Airspace; Palmdale, CA frequent and routine amendments are TRAFFIC SERVICE ROUTES; AND necessary to keep them operationally REPORTING POINTS AGENCY: Federal Aviation current. It, therefore: (1) Is not a Administration (FAA), DOT. ■ 1. The authority citation for part 71 ‘‘significant regulatory action’’ under ACTION: Final rule. Executive Order 12866; (2) is not a continues to read as follows: ‘‘significant rule’’ under Department of Authority: 49 U.S.C. 106(f), 106(g); 40103, SUMMARY: This action modifies the Class Transportation (DOT) Regulatory 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, E airspace, designated as an extension to Policies and Procedures (44 FR 11034; 1959–1963 Comp., p. 389. a Class D or Class E surface area, at

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Palmdale USAF Plant 42 Airport. This USAF Plant 42 Airport Palmdale, CA, to reaching 1,200 feet above the surface. action also modifies the Class E ensure the safety and management of This airspace area is described as airspace, extending upward from 700 Instrument Flight Rules (IFR) operations follows: That airspace extending feet above the surface. Additionally, this at the airport. upward from 700 feet above the surface action removes the Class E airspace, within a 6.8-mile radius of the airport, History extending upward from 1,200 feet above and within 6.1 miles each side of the the surface. Further, this action removes The FAA published a notice of 080° bearing from the airport, extending the Palmdale VORTAC from the Class proposed rulemaking in the Federal from the 6.8-mile radius to 12.9 miles E4 and the Class E5 legal descriptions. Register (85 FR 72610, November 13, east of the airport, and within 4 miles Also, this action removes the Lancaster, 2020) for Docket No. FAA–2020–0942 to north and 8 miles south of the 086° Gen. William J. Fox Airfield, CA, from modify Class D and Class E airspace, bearing from the airport, extending from the Class E5 legal description. Lastly, Palmdale USAF Plant 42 Airport the airport to 14.3 miles east of the this action implements several Palmdale, CA. Interested parties were airport, and within 2 miles each side of administrative corrections to the Class invited to participate in this rulemaking the 274° bearing from the airport, D, Class E4, and Class E5 text headers effort by submitting written comments extending from the 6.8-mile radius to and legal descriptions. on the proposal to the FAA. No 13.4 miles west of Palmdale USAF Plant DATES: Effective 0901 UTC, June 17, comments were received. 42 Airport. 2021. The Director of the Federal Class D, E4, and E5 airspace Additionally, this action removes the Register approves this incorporation by designations are published in Class E airspace, extending upward reference action under 1 CFR part 51, paragraphs 5000, 6004, and 6005, from 1,200 feet above the surface. This subject to the annual revision of FAA respectively, of FAA Order 7400.11E, airspace area is wholly contained with Order 7400.11 and publication of dated July 21, 2020, and effective the Los Angeles en route airspace area conforming amendments. September 15, 2020, which is and duplication is not necessary. incorporated by reference in 14 CFR Further, this action removes the ADDRESSES: FAA Order 7400.11E, 71.1. The Class D and Class E airspace Palmdale VORTAC from the Class E4 Airspace Designations and Reporting designation listed in this document will and the Class E5 legal descriptions. Points, and subsequent amendments can be published subsequently in the Order. Removal of the navigational aid allows be viewed online at https:// the airspace to be defined from a single www.faa.gov//air_traffic/publications/. Availability and Summary of reference point, simplifying how the For further information, you can contact Documents for Incorporation by airspace is described. the Airspace Policy Group, Federal Reference Also, this action removes the Aviation Administration, 800 This document amends FAA Order Lancaster, Gen. William J. Fox Airfield, Independence Avenue SW, Washington, 7400.11E, Airspace Designations and CA, from the Class E5 legal description. DC 20591; telephone: (202) 267–8783. Reporting Points, dated July 21, 2020, Removal of the airport allows the The Order is also available for and effective September 15, 2020. FAA airspace to be defined from a single inspection at the National Archives and Order 7400.11E is publicly available as reference point, simplifying how the Records Administration (NARA). For listed in the ADDRESSES section of this airspace is described. information on the availability of FAA document. FAA Order 7400.11E lists Lastly, this action implements several Order 7400.11E at NARA, email Class A, B, C, D, and E airspace areas, administrative corrections to the [email protected] or go to https:// air traffic service routes, and reporting airspaces’ legal descriptions. The airport www.archives.gov/federal-register/cfr/ points. name in the second line of the Class D, ibr-locations.html. Class E4, and Class E5 text header is The Rule FOR FURTHER INFORMATION CONTACT: updated to ‘‘Palmdale USAF Plant 42 Matthew Van Der Wal, Federal Aviation This amendment to 14 CFR part 71 Airport, CA.’’ The last sentence in the Administration, Western Service Center, modifies the Class E airspace, Class D and Class E4 legal descriptions Operations Support Group, 2200 S designated as an extension to a Class D is updated to replace the term ‘‘Airport/ 216th Street, Des Moines, WA 98198; or Class E surface area, at Palmdale Facilities Directory.’’ with the term telephone (206) 231–3695. USAF Plant 42 Airport, Palmdale, CA. ‘‘Chart Supplement.’’ SUPPLEMENTARY INFORMATION: This airspace area is designed to contain FAA Order 7400.11, Airspace IFR aircraft descending below 1,000 feet Designations and Reporting Points, is Authority for This Rulemaking above the surface and is described as published yearly and effective on The FAA’s authority to issue rules follows: That airspace extending September 15. regarding aviation safety is found in upward from the surface within 1 mile Title 49 of the United States Code. each side of the 270° bearing from the Regulatory Notices and Analyses Subtitle I, Section 106 describes the airport, extending from the 4.3-mile The FAA has determined that this authority of the FAA Administrator. radius to 7.5 miles west of Palmdale regulation only involves an established Subtitle VII, Aviation Programs, USAF Plant 42 Airport. This Class E body of technical regulations for which describes in more detail the scope of the airspace area is effective during the frequent and routine amendments are agency’s authority. This rulemaking is specific dates and times established, in necessary to keep them operationally promulgated under the authority advance, by a Notice to Airmen. The current, is non-controversial and described in Subtitle VII, Part A, effective date and time will thereafter be unlikely to result in adverse or negative Subpart I, Section 40103. Under that continuously published in the Chart comments. It, therefore: (1) Is not a section, the FAA is charged with Supplement. ‘‘significant regulatory action’’ under prescribing regulations to assign the use This action also modifies the Class E Executive Order 12866; (2) is not a of airspace necessary to ensure the airspace, extending upward from 700 ‘‘significant rule’’ under DOT safety of aircraft and the efficient use of feet above the surface. This airspace Regulatory Policies and Procedures (44 airspace. This regulation is within the area is designed to contain IFR arrivals FR 11034; February 26, 1979); and (3) scope of that authority as it modifies the descending below 1,500 feet above the does not warrant preparation of a Class D and Class E airspace at Palmdale surface and IFR departures until regulatory evaluation as the anticipated

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impact is so minimal. Since this is a AWP CA E4 Palmdale, CA [Amended] Substances Act . This action is based on routine matter that will only affect air Palmdale USAF Plant 42 Airport, CA a finding by the Acting Administrator traffic procedures and air navigation, it (Lat. 34°37′46″ N, long. 118°05′04″ W) that the placement of brorphine in is certified that this rule, when That airspace extending upward from the schedule I of the Controlled Substances promulgated, would not have a surface within 1 mile each side of the 270° Act is necessary to avoid an imminent significant economic impact on a bearing from the airport, extending from the hazard to the public safety. As a result substantial number of small entities 4.3-mile radius to 7.5 miles west of Palmdale of this order, the regulatory controls and under the criteria of the Regulatory USAF Plant 42 Airport. This Class E airspace administrative, civil, and criminal Flexibility Act. area is effective during the specific dates and sanctions applicable to schedule I times established, in advance, by a Notice to Environmental Review Airmen. The effective date and time will controlled substances will be imposed on persons who handle (manufacture, The FAA has determined that this thereafter be continuously published in the Chart Supplement. distribute, reverse distribute, import, action qualifies for categorical exclusion export, engage in research, conduct under the National Environmental Paragraph 6005 Class E Airspace Areas instructional activities or chemical Policy Act in accordance with FAA Extending Upward From 700 Feet or More Above the Surface of the Earth. analysis with, or possess), or propose to Order 1050.1F, ‘‘Environmental handle brorphine. Impacts: Policies and Procedures,’’ * * * * * DATES: This temporary scheduling order paragraph 5–6.5a. This airspace action AWP CA E5 Palmdale, CA [Amended] is effective March 1, 2021, until March is not expected to cause any potentially Palmdale USAF Plant 42 Airport, CA 1, 2023. If this order is extended or significant environmental impacts, and (Lat. 34°37′46″ N, long. 118°05′04″ W) made permanent, DEA will publish a no extraordinary circumstances exist That airspace extending upward from 700 document in the Federal Register. that warrant preparation of an feet above the surface within a 6.8-mile FOR FURTHER INFORMATION CONTACT: environmental assessment. radius of the airport, and within 6.1 miles ° Terrence L. Boos, Drug and Chemical List of Subjects in 14 CFR Part 71 each side of the 080 bearing from the airport, Evaluation Section, Diversion Control extending from the 6.8-mile radius to 12.9 Airspace, Incorporation by reference, miles east of the airport, and within 4 miles Division, Drug Enforcement Navigation (air). north and 8 miles south of the 086° bearing Administration; Mailing Address: 8701 Morrissette Drive, Springfield, Virginia Adoption of the Amendment from the airport, extending from the airport to 14.3 miles east of the airport, and within 22152; Telephone: (571) 362–3249. ° In consideration of the foregoing, the 2 miles each side of the 274 bearing from the SUPPLEMENTARY INFORMATION: Federal Aviation Administration airport, extending from the 6.8-mile radius to amends 14 CFR part 71 as follows: 13.4 miles west of Palmdale USAF Plant 42 Legal Authority Airport. The Controlled Substances Act (CSA) PART 71—DESIGNATION OF CLASS A, Issued in Seattle, Washington, on February provides the Attorney General (as B, C, D, AND E AIRSPACE AREAS; AIR 16, 2021. delegated to the Administrator of Drug TRAFFIC SERVICE ROUTES; AND B.G. Chew, Enforcement Administrator (DEA) REPORTING POINTS Acting Group Manager, Operations Support pursuant to 28 CFR 0.100) with the Group, Western Service Center. ■ 1. The authority citation for 14 CFR authority to temporarily place a part 71 continues to read as follows: [FR Doc. 2021–03904 Filed 2–26–21; 8:45 am] substance in schedule I of the CSA for BILLING CODE 4910–13–P two years without regard to the Authority: 49 U.S.C. 106(f), 106(g), 40103, requirements of 21 U.S.C. 811(b), if he 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, finds that such action is necessary to 1959–1963 Comp., p. 389. DEPARTMENT OF JUSTICE avoid an imminent hazard to the public § 71.1 [Amended] safety. 21 U.S.C. 811(h)(1). In addition, ■ 2. The incorporation by reference in Drug Enforcement Administration if proceedings to control a substance are 14 CFR 71.1 of FAA Order 7400.11E, initiated under 21 U.S.C. 811(a)(1) while 1 Airspace Designations and Reporting 21 CFR Part 1308 the substance is temporarily controlled under section 811(h), the Administrator Points, dated July 21, 2020, and [Docket No. DEA–716] effective September 15, 2020, is may extend the temporary scheduling amended as follows: Schedules of Controlled Substances: for up to one year. 21 U.S.C. 811(h)(2). Temporary Placement of Brorphine in Where the necessary findings are Paragraph 5000 Class D Airspace. Schedule I made, a substance may be temporarily * * * * * scheduled if it is not listed in any other AGENCY: AWP CA D Palmdale, CA [Amended] Drug Enforcement schedule under 21 U.S.C. 812, or if there Administration, Department of Justice. is no exemption or approval in effect for Palmdale USAF Plant 42 Airport, CA (Lat. 34°37′46″ N, long. 118°05′04″ W) ACTION: Temporary amendment; the substance under section 505 of the Federal Food, Drug, and Cosmetic Act, That airspace extending upward from the temporary scheduling order. surface to and including 5,000 feet MSL 21 U.S.C. 355. 21 U.S.C. 811(h)(1); 21 within a 4.3-mile radius of Palmdale USAF SUMMARY: The Acting Administrator of CFR part 1308. the Drug Enforcement Administration is Plant 42 Airport. This Class D airspace area Background is effective during the specific dates and issuing this temporary order to schedule times established, in advance, by a Notice to 1-(1-(1-(4-bromophenyl)ethyl)piperidin- The CSA requires the Administrator Airmen. The effective date and time will 4-yl)-1,3-dihydro-2H-benzo[d]imidazol- to notify the Secretary of the thereafter be continuously published in the 2-one (commonly known as brorphine), Chart Supplement. including its isomers, esters, ethers, 1 Though DEA has used the term ‘‘final order’’ Paragraph 6004 Class E Airspace Areas salts, and salts of isomers, esters, and with respect to temporary scheduling orders in the Designated as an Extension to a Class D or past, this document adheres to the statutory ethers whenever the existence of such language of 21 U.S.C. 811(h), which refers to a Class E Surface Area. isomers, esters, ethers, and salts is ‘‘temporary scheduling order.’’ No substantive * * * * * possible, in schedule I of the Controlled change is intended.

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Department of Health and Human Available data and information for Factor 4. History and Current Pattern of Services (HHS) of his intention to brorphine summarized below indicate Abuse temporarily place a substance in that it has high potential for abuse, no Brorphine is part of a structural class 2 schedule I. 21 U.S.C. 811(h)(4). The currently accepted medical use in of compounds known as substituted Acting Administrator transmitted such treatment in the United States, and a piperidine benzimidazolones. The notice regarding brorphine to the lack of accepted safety for use under general synthesis of brorphine was first Assistant Secretary for Health of HHS medical supervision. DEA’s August reported in the literature in 2018. (Assistant Secretary) by letter dated 2020 three-factor analysis and the Brorphine is not an approved September 22, 2020. The Assistant Assistant Secretary’s October 27, 2020, pharmaceutical product and is not Secretary responded to this notice by letter are available in their entirety approved for medical use anywhere in letter dated October 27, 2020, and under the tab ‘‘Supporting Documents’’ the world. The Assistant Secretary, by a advised that based on a review by the of the public docket of this action at letter to DEA dated October 27, 2020, Food and Drug Administration (FDA), www.regulations.gov. stated that there are no FDA-approved there are currently no investigational NDAs or INDs for brorphine in the Brorphine new drug applications (INDs) or United States. Hence, DEA notes there approved new drug applications (NDAs) is no legitimate channel for brorphine as for brorphine. The Assistant Secretary The availability of synthetic opioids on the illicit drug market continues to a marketed drug product. The also stated that HHS had no objection to appearance of brorphine on the illicit the temporary placement of brorphine pose an imminent hazard to the public safety. Adverse health effects associated drug market is similar to other designer in schedule I of the CSA. drugs trafficked for their psychoactive DEA has taken into consideration the with the abuse of synthetic opioids and the increased popularity of these effects. Assistant Secretary’s comments as Since 2014, numerous synthetic required by subsection 811(h)(4). substances have posed serious health concerns in recent years. The presence opioids structurally related to fentanyl Brorphine is not currently listed in any and several synthetic opioids from other schedule under the CSA, and no of new synthetic opioids with no approved medical use exacerbates the structural classes have begun to emerge exemptions or approvals are in effect for on the illicit drug market as evidenced brorphine under 21 U.S.C. 355. DEA has unprecedented opioid epidemic in the United States continues to experience. by the identification of these drugs in found that the control of brorphine in forensic drug exhibits and toxicology The trafficking and abuse of new schedule I on a temporary basis is samples. Beginning in June 2019, synthetic opioids are deadly new trends. necessary to avoid an imminent hazard brorphine emerged in the United States to the public safety. The identification of brorphine on the illicit, synthetic drug market as As required by 21 U.S.C. 811(h)(1)(A), illicit drug market has been reported in evidenced by brorphine’s identification DEA published a notice of intent to the United States, Canada, Belgium, and in drug seizures. Authorities Between temporarily schedule brorphine on Sweden. Data obtained from preclinical July and September 2019, brorphine was December 3, 2020. 85 FR 78047. That pharmacology studies show that first reported in drug casework in notice of intent discussed findings from brorphine has a pharmacological profile Canada and was first reported in police DEA’s three-factor analysis dated similar to that of other potent opioids seizures in Sweden in March 2020.3 August 2020, which DEA made such as morphine and fentanyl, Brorphine has been encountered by available on www.regulations.gov. schedule II controlled substances. United States law enforcement in To find that placing a substance Because of the pharmacological powder form. In the United States, temporarily in schedule I of the CSA is similarities between brorphine and brorphine has been identified as a single necessary to avoid an imminent hazard other potent opioids, the use of substance and in combination with to the public safety, the Administrator is brorphine presents a high risk of abuse other substances. Between June 2019 required to consider three of the eight and may negatively affect users and and August 2020, there are twenty factors set forth in 21 U.S.C. 811(c): The reports of brorphine in the National substance’s history and current pattern their communities. The positive Forensic Laboratory Information System of abuse; the scope, duration and identification of this substance in law (NFLIS) from three different states (see significance of abuse; and what, if any, enforcement seizures and post-mortem Factor 5).4 In several NFLIS encounters, risk there is to the public health. 21 toxicology reports is a serious concern brorphine was found in combination U.S.C. 811(h)(3). Consideration of these to the public safety. The abuse of factors includes actual abuse diversion brorphine has been associated with at least seven fatalities between June and 3 Health Canada Drug Analysis Service (2019); from legitimate channels; and Analyzed Drug Report Canada 2019—Q3 (July to clandestine importation, manufacture, July 2020 in the United States. Thus, September); European Monitoring Centre for Drugs or distribution. 21 U.S.C. 811(h)(3). brorphine poses an imminent hazard to and Drug Addiction (EMCDDA) (2020); EU Early A substance meeting the statutory public safety. Warning System Situation Report, Situation report 1—June 2020. requirements for temporary scheduling Available data and information for 4 NFLIS represents an important resource in may only be placed in schedule I. 21 brorphine, as summarized below, monitoring illicit drug trafficking, including the U.S.C. 811(h)(1). Substances in schedule indicates that this substance has a high diversion of legally manufactured pharmaceuticals I have a high potential for abuse, no into illegal markets. NFLIS-Drug is a comprehensive potential for abuse, no currently information system that includes data from forensic currently accepted medical use in accepted medical use in treatment in the laboratories that handle the nation’s drug analysis treatment in the United States, and a United States, and a lack of accepted cases. NFLIS-Drug participation rate, defined as the lack of accepted safety for use under safety for use under medical percentage of the national drug caseload medical supervision. 21 U.S.C. represented by laboratories that have joined NFLIS, supervision. DEA’s three-factor analysis is currently 98.5 percent. NFLIS includes drug 812(b)(1). is available in its entirety under chemistry results from completed analyses only. ‘‘Supporting and Related Material’’ of While NFLIS data is not direct evidence of abuse, 2 The Secretary of HHS has delegated to the the public docket for this action at it can lead to an inference that a drug has been Assistant Secretary for Health of HHS the authority diverted and abused. See 76 FR 77330, 77332, to make domestic drug scheduling www.regulations.gov under Docket December 12, 2011. NFLIS data was queried on recommendations. 58 FR 35460, July 1, 1993. Number DEA–716. August 18, 2020.

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with heroin (a schedule I substance) and benzodiazepines and other opioids is population abusing opioids is likely to fentanyl (a schedule II substance). In common with polysubstance abuse. be at risk of abusing brorphine. reports from the Northeastern Illinois NFLIS registered 20 reports of Individuals who initiate use (i.e., use a Regional Crime Laboratory, suspected brorphine from Ohio (4), Pennsylvania drug for the first time) of brorphine are heroin/fentanyl powders were analyzed (1), and Wisconsin (15) in 2019 and likely to be at risk of developing and found to be brorphine in 2020. NFLIS was queried on August 18, substance use disorder, overdose, and combination with flualprazolam, a non- 2020, for brorphine. Due to the rapid death similar to that of other opioid scheduled benzodiazepine, and appearance of the drug, brorphine is analgesics (e.g., fentanyl, morphine, diphenhydramine, an over-the-counter most likely under reported as forensic etc.). Law enforcement reports antihistamine.5 laboratories secure reference standards demonstrate that brorphine is being Post-mortem toxicology samples for the confirmative identification and illicitly distributed and abused. reporting of this substance. collected and submitted to National Factor 6. What, if Any, Risk There Is to The population likely to abuse Medical Services (NMS) Laboratory 6 in the Public Health brorphine appears to be the same as June and July 2020 verified the The increase in opioid overdose identification of brorphine. Brorphine those abusing prescription opioid analgesics, heroin, tramadol, fentanyl, deaths in the United States has been was first reported by the Center for exacerbated recently by the availability Forensic Science Research and and other synthetic opioid substances. This is evidenced by the types of other of potent synthetic opioids on the illicit Education (CFSRE)—Novel drug market. Data obtained from pre- Psychoactive Substance (NPS) drugs co-identified in samples obtained from brorphine seizures and post- clinical studies demonstrate that Discovery Program (under the novel brorphine exhibits a pharmacological psychoactive substances discovery mortem toxicology reports. Because abusers of brorphine are likely to obtain profile similar to that of other mu- program, in collaboration with NMS opioid receptor agonists. Data from in Labs) in July 2020. In seven post- it through unregulated sources, the identity, purity, and quantity of vitro studies showed that brorphine mortem toxicology reports in June and binds to and activates the mu-opioid July 2020, brorphine was found in brorphine are uncertain and inconsistent, thus posing significant receptors. In the [35S]GTPgS cell-based combination with fentanyl, receptor assay, brorphine, similar to flualprazolam, and heroin. Evidence adverse health risks to the end user. The misuse and abuse of opioids have been fentanyl, acted as a mu-opioid receptor suggests that individuals are using agonist. Brorphine’s activation of the brorphine as a replacement to heroin or demonstrated and are well- characterized. According to the most mu-opioid receptor was also shown to other opioids, either knowingly or involve recruitment of beta-arrestin-2, a unknowingly. recent data from the National Survey on Drug Use and Health (NSDUH),7 as of regulatory protein whose interaction Factor 5. Scope, Duration, and 2019, an estimated 10.1 million people with the mu-opioid receptor has been Significance of Abuse aged 12 years or older misused opioids implicated in the adverse effects of mu- in the past year, including 9.7 million opioid receptor activation. Brorphine Brorphine has been described as a prescription pain reliever misusers and binds to and activates the mu-opioid potent synthetic opioid, and evidence 745,000 heroin users. In 2019, an receptor and has efficacy on scale with suggests it is being abused for its estimated 1.6 million people had an fentanyl in in vitro studies. It is well opioidergic effects (see Factor 6). opioid use disorder, which included 1.4 established that substances that act as According to a recent publication by million people with a prescription pain mu-opioid receptor agonists have a high CFSRE—NPS Discovery Program, reliever use disorder and 438,000 potential for addiction and can induce brorphine has been positively identified people with heroin use disorder. In dose-dependent respiratory depression. in seven death investigation cases As with any mu-opioid receptor 2018, an estimated 10.3 million people spanning between June and July 2020. agonist, the potential health and safety aged 12 years or older misused opioids These cases occurred in three states— risks for users of brorphine are high. in the past year, including 9.9 million Illinois (3), Minnesota (3), and Arizona The public health risks associated to the prescription pain reliever misusers and (1). Most (n=6) of the decedents were abuse of heroin and other m-opioid 808,000 heroin users. In 2018, an male. The decedents’ ages ranged receptor agonists are well established estimated 2 million people had an between 40’s and 60’s with an average and have resulted in large numbers of opioid use disorder, which included 1.7 age of 52 years. Other substances drug treatment admissions, emergency million people with a prescription pain identified in postmortem blood department visits, and fatal overdoses. reliever use disorder and 500,000 specimens obtained from these According to the Centers for Disease people with heroin use disorder. This decedents include flualprazolam, a Control and Prevention (CDC), opioids, mainly synthetic opioids other than nonscheduled benzodiazepine (n=5), 7 NSDUH, formerly known as the National fentanyl, a schedule II substance (n=7), Household Survey on Drug Abuse (NHSDA), is methadone, are predominantly and heroin, a schedule I substance conducted annually by the Department of Health responsible for drug overdose deaths in (n=4). The appearance of and Human Services Substance Abuse and Mental recent years. A CDC report shows that, Health Services Administration (SAMHSA). It is the from 2013 to 2018, opioid-related primary source of estimates of the prevalence and 5 Email communications with Northeastern incidence of nonmedical use of pharmaceutical overdose deaths in the United States Illinois Regional Crime Laboratory, dated 7/1/2020 drugs, illicit drugs, alcohol, and tobacco use in the increased from 25,052 to 46,802. Of the and 6/11/2020. United States. The survey is based on a nationally drug overdose deaths for 2018, opioids 6 NMS Labs, in collaboration with the Center for representative sample of the civilian, non- were involved in about 69.5 percent of Forensic Science Research and Education at the institutionalized population 12 years of age and Fredric Rieders Family Foundation and the older. The survey excludes homeless people who all drug-involved overdose deaths. Organized Crime Drug Enforcement Task Force at do not use shelters, active military personnel, and In the United States, the abuse of the United States Department of Justice, has residents of institutional group quarters such as opioid analgesics has resulted in large received funding from the Centers for Disease jails and hospitals. The NSDUH provides yearly numbers of treatment admissions, Control and Prevention to develop systems for the national and state level estimates of drug abuse, and early identification and notification of novel includes prevalence estimates by lifetime (i.e., ever emergency department visits, and fatal psychoactive substances in the drug supply within used), past year, and past month abuse or overdoses. The introduction of potent the United States. dependence. synthetic opioids such as brorphine into

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the illicit market may serve as a portal Administrator, through a letter dated registered with DEA to conduct such to problematic opioid use for those September 22, 2020, notified the activities pursuant to 21 U.S.C. 822, seeking these powerful opioids. Assistant Secretary of DEA’s intention 823, 957, and 958, and in accordance Brorphine has been co-identified with to temporarily place brorphine in with 21 CFR parts 1301 and 1312, as of other substances in seven post-mortem schedule I. DEA subsequently published March 1, 2021. Any person who toxicology cases in June and July 2020. a notice of intent on December 3, 2020. currently handles brorphine, and is not These substances include other opioids 85 FR 78047. registered with DEA, must submit an such as fentanyl and heroin, and other application for registration and may not Conclusion substance classes such as continue to handle brorphine as of benzodiazepines. These deaths occurred In accordance with 21 U.S.C. March 1, 2021, unless DEA has in three states: Illinois, Arizona, and 811(h)(1) and (3), the Acting approved that application for Minnesota. Information gathered from Administrator considered available data registration pursuant to 21 U.S.C. 822, case history findings shows that and information, herein set forth the 823, 957, and 958, and in accordance brorphine use is similar to that of classic grounds for his determination that it is with 21 CFR parts 1301 and 1312. Retail opioid agonists. As documented by necessary to temporarily schedule sales of schedule I controlled substances toxicology reports, poly-substance abuse brorphine in schedule I of the CSA and to the general public are not allowed remains common in fatalities associated finds that placement of this substance in under the CSA. Possession of any with the abuse of brorphine. schedule I of the CSA is necessary in quantity of this substance in a manner order to avoid an imminent hazard to not authorized by the CSA on or after Finding of Necessity of Schedule I the public safety. March 1, 2021 is unlawful and those in Placement To Avoid Imminent Hazard This temporary order scheduling this possession of any quantity of these to Public Safety substance will be effective on the date substances may be subject to In accordance with 21 U.S.C. the order is published in the Federal prosecution pursuant to the CSA. 811(h)(3), based on the available data Register and will be in effect for a 2. Disposal of stocks. Any person who and information summarized above, the period of two years, with a possible does not desire or is not able to obtain uncontrolled manufacture, distribution, extension of one additional year, a schedule I registration to handle reverse distribution, importation, pending completion of the regular brorphine must surrender all currently exportation, conduct of research and (permanent) scheduling process. 21 held quantities of brorphine. chemical analysis, possession, and U.S.C. 811(h)(1) and (2). 3. Security. Brorphine is subject to abuse of brorphine pose an imminent The CSA sets forth specific criteria for schedule I security requirements and hazard to the public safety. DEA is not scheduling a drug or other substance. must be handled and stored pursuant to aware of any currently accepted medical Regular scheduling actions in 21 U.S.C. 821, 823, 871(b) and in uses for brorphine in the United States.8 accordance with 21 U.S.C. 811(a) are accordance with 21 CFR 1301.71– A substance meeting the statutory subject to formal rulemaking procedures 1301.93, as of March 1, 2021. Non- requirements for temporary scheduling, done ‘‘on the record after opportunity practitioners handling brorphine must found in 21 U.S.C. 811(h)(1), may only for a hearing’’ conducted pursuant to also comply with the employee be placed in schedule I. Substances in the provisions of 5 U.S.C. 556 and 557. screening requirements of 21 CFR schedule I are those that have a high 21 U.S.C. 811. The regular scheduling 1301.90–1301.93. potential for abuse, no currently process of formal rulemaking affords 4. Labeling and Packaging. All labels, accepted medical use in treatment in the interested parties with appropriate labeling, and packaging for commercial United States, and a lack of accepted process and the government with any containers of brorphine must be in safety for use under medical additional relevant information needed compliance with 21 U.S.C. 825, 958(e) supervision. Available data and to make a determination. Final and be in accordance with 21 CFR part information for brorphine indicate that decisions that conclude the regular 1302. Current DEA registrants will have this substance has a high potential for scheduling process of formal 30 calendar days from March 1, 2021 to abuse, no currently accepted medical rulemaking are subject to judicial comply with all labeling and packaging use in treatment in the United States, review. 21 U.S.C. 877. Temporary requirements. and a lack of accepted safety for use scheduling orders are not subject to 5. Inventory. Every DEA registrant under medical supervision. As required judicial review. 21 U.S.C. 811(h)(6). who possesses any quantity of by 21 U.S.C. 811(h)(4), the Acting brorphine on the effective date of this Requirements for Handling order must take an inventory of all 8 Although there is no evidence suggesting that Upon the effective date of this stocks of these substances on hand, brorphine has a currently accepted medical use in temporary order, brorphine will be pursuant to 21 U.S.C. 827 and 958 and treatment in the United States, it bears noting that subject to the regulatory controls and in accordance with 21 CFR 1304.03, a drug cannot be found to have such medical use administrative, civil, and criminal 1304.04, and 1304.11. Current DEA unless DEA concludes that it satisfies a five-part test. Specifically, with respect to a drug that has not sanctions applicable to the manufacture, registrants will have 30 calendar days been approved by FDA, to have a currently distribution, reverse distribution, from the effective date of this order to accepted medical use in treatment in the United importation, exportation, engagement in be in compliance with all inventory States, all of the following must be demonstrated: research, and conduct of instructional requirements. After the initial i. The drug’s chemistry must be known and activities or chemical analysis with, and inventory, every DEA registrant must reproducible; ii. there must be adequate safety studies; possession of schedule I controlled take an inventory of all controlled iii. there must be adequate and well-controlled substances, including the following: substances (including brorphine) on studies proving efficacy; 1. Registration. Any person who hand on a biennial basis, pursuant to 21 iv. the drug must be accepted by qualified handles (manufactures, distributes, U.S.C. 827 and 958 and in accordance experts; and reverse distributes, imports, exports, with 21 CFR 1304.03, 1304.04, and v. the scientific evidence must be widely engages in research, or conducts 1304.11. available. 6. Records. All DEA registrants must 57 FR 10499 (1992), pet. for rev. denied, Alliance instructional activities or chemical for Cannabis Therapeutics v. DEA, 15 F.3d 1131, analysis with, or possesses), or who maintain records with respect to 1135 (D.C. Cir. 1994). desires to handle, brorphine must be brorphine, pursuant to 21 U.S.C. 827

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and 958 and in accordance with 21 CFR matter other than rule making.’’ 5 U.S.C. regulatory review as established in E.O. parts 1304, 1312, and 1317, and section 551(6) (emphasis added). The specific 12866. E.O. 12866 classifies a 1307.11. Current DEA registrants language chosen by Congress indicates ‘‘significant regulatory action,’’ authorized to handle brorphine shall an intention for DEA to proceed through requiring review by the Office of have 30 calendar days from the effective the issuance of an order instead of Management and Budget, as any date of this order to be in compliance proceeding by rulemaking. Given that regulatory action that is likely to result with all recordkeeping requirements. Congress specifically requires the in a rule that may: (1) Have an annual 7. Reports. All DEA registrants who Administrator to follow rulemaking effect on the economy of $100 million manufacture or distribute brorphine procedures for other kinds of scheduling or more or adversely affect in a material must submit reports pursuant to 21 actions, see 21 U.S.C. 811(a), note that way the economy; a sector of the U.S.C. 827 and in accordance with 21 in 21 U.S.C. 811(h)(1), Congress economy; productivity; competition; CFR parts 1304 and 1312 as of March 1, authorized the issuance of temporary jobs; the environment; public health or 2021. scheduling actions by order rather than safety; or State, local, or tribal 8. Order Forms. All DEA registrants by rule. governments or communities; (2) create who distribute brorphine must comply Alternatively, even if this action was a serious inconsistency or otherwise with order form requirements pursuant subject to section 553 of the APA, the interfere with an action taken or to 21 U.S.C. 828 and in accordance with Acting Administrator finds that there is planned by another agency; (3) 21 CFR part 1305 as of March 1, 2021. good cause to forgo the notice-and- materially alter the budgetary impact of 9. Importation and Exportation. All comment requirements of section 553, entitlements, grants, user fees, or loan importation and exportation of as any further delays in the process for programs, or the rights and obligations brorphine must be in compliance with issuance of temporary scheduling orders of recipients thereof; or (4) raise novel 21 U.S.C. 952, 953, 957, and 958, and would be impracticable and contrary to legal or policy issues arising out of legal in accordance with 21 CFR part 1312 as the public interest in view of the mandates, the President’s priorities, or of March 1, 2021. manifest urgency to avoid an imminent the principles set forth in the E.O. 10. Quota. Only DEA registered hazard to the public safety. Because this is not a rulemaking action, manufacturers may manufacture Although DEA believes this this is not a significant regulatory action brorphine in accordance with a quota temporary scheduling order is not as defined in Section 3(f) of E.O. 12866. assigned pursuant to 21 U.S.C. 826 and subject to the notice-and-comment This action will not have substantial in accordance with 21 CFR part 1303 as requirements of section 553 of the APA, direct effects on the states, on the of March 1, 2021. DEA notes that in accordance with 21 relationship between the national 11. Liability. Any activity involving U.S.C. 811(h)(4), the Acting government and the states, or on the brorphine not authorized by, or in Administrator took into consideration distribution of power and violation of the CSA, occurring as of comments submitted by the Assistant responsibilities among the various March 1, 2021, is unlawful and may Secretary in response to the notice that levels of government. Therefore, in subject the person to administrative, DEA transmitted to the Assistant accordance with E.O. 13132 civil, and/or criminal sanctions. Secretary pursuant to such subsection. (Federalism), it is determined that this Further, DEA believes that this Regulatory Matters action does not have sufficient temporary scheduling action is not a federalism implications to warrant the The CSA provides for a temporary ‘‘rule’’ as defined by 5 U.S.C. 601(2), preparation of a Federalism Assessment. scheduling action where such action is and accordingly, is not subject to the necessary to avoid an imminent hazard requirements of the Regulatory List of Subjects in 21 CFR Part 1308 to the public safety. 21 U.S.C. 811(h)(1). Flexibility Act. The requirements for the Administrative practice and As provided in this subsection, the preparation of an initial regulatory procedure, Drug traffic control, Administrator (as delegated by the flexibility analysis in 5 U.S.C. 603(a) are Reporting and recordkeeping Attorney General) by order may not applicable here, as DEA is not requirements. schedule a substance in schedule I on a required by section 553 of the APA or temporary basis. Such an order may not any other law to publish a general For the reasons set out above, DEA be issued before the expiration of 30 notice of proposed rulemaking. amends 21 CFR part 1308 as follows: days from: (1) The publication of a In accordance with the principles of PART 1308—SCHEDULES OF notice in the Federal Register of the Executive Orders (E.O.) 12866 and CONTROLLED SUBSTANCES intention to issue such order and the 13563, this action is not a significant grounds upon which such order is to be regulatory action. E.O. 12866 directs ■ 1. The authority citation for part 1308 issued, and (2) the date that comment agencies to assess all costs and benefits continues to read as follows: requirements of section 553 of the of available regulatory alternatives and, Administrative Procedure Act (APA), 5 if regulation is necessary, to select Authority: 21 U.S.C. 811, 812, 871(b), U.S.C. 553, do not apply to this regulatory approaches that maximize 956(b), unless otherwise noted. temporary scheduling order. The APA net benefits (including potential ■ 2. In § 1308.11, add paragraph (h)(49) expressly differentiates between an economic, environmental, public health, to read as follows: order and a rule, as it defines an ‘‘order’’ and safety effects; distributive impacts; to mean a ‘‘final disposition, whether and equity). E.O. 13563 is supplemental § 1308.11 Schedule I affirmative, negative, injunctive, or to and reaffirms the principles, * * * * * declaratory in form, of an agency in a structures, and definitions governing (h) * * *

(49) 1-(1-(1-(4-bromophenyl)ethyl)piperidin-4-yl)-1,3-dihydro-2H-benzo[d]imidazol-2-one, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other names: brorphine; 1-[1-[1-(4-bromophenyl)ethyl]-4-piperidinyl]-1,3-dihydro-2H-benzimidazol-2- one) ...... 9098

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* * * * * www.regulations.gov or in hard copy at respectively. The geographic areas the Air Regulatory Management Section, designated as nonattainment in North D. Christopher Evans, Air Planning and Implementation Carolina for the 1997 8-hour ozone Acting Administrator. Branch, Air and Radiation Division, standard included the Charlotte- [FR Doc. 2021–04242 Filed 2–26–21; 8:45 am] U.S. Environmental Protection Agency, Gastonia-Rock Hill, NC-SC Area (the BILLING CODE 4410–09–P Region 4, 61 Forsyth Street SW, Atlanta, North Carolina portion is hereinafter the Georgia 30303–8960. EPA requests that, ‘‘1997 Charlotte Area’’).4 The geographic if at all possible, you contact the person areas designated as nonattainment in ENVIRONMENTAL PROTECTION listed in the FOR FURTHER INFORMATION North Carolina for the 2008 ozone AGENCY CONTACT section to schedule your standard are part of an area known as inspection. The Regional Office’s the Charlotte-Rock Hill, NC-SC Area 40 CFR Part 52 official hours of business are Monday (the North Carolina portion is [EPA–R04–OAR–2019–0613; FRL–10019– through Friday 8:30 a.m. to 4:30 p.m., hereinafter the ‘‘2008 Charlotte Area’’).5 20–Region 4] excluding Federal holidays. EPA redesignated North Carolina’s 1979 FOR FURTHER INFORMATION CONTACT: ozone nonattainment areas to Air Plan Approval; North Carolina: Tiereny Bell, Air Regulatory attainment in a series of actions from Revisions to Annual Emissions Management Section, Air Planning and 1993 to 1995,6 redesignated the 1997 Reporting Implementation Branch, Air and Charlotte Area to attainment on AGENCY: Environmental Protection Radiation Division, Region 4, U.S. December 2, 2013 (78 FR 72036), and Agency (EPA). Environmental Protection Agency, 61 redesignated the 2008 Charlotte Area to ACTION: Final rule. Forsyth Street SW, Atlanta, Georgia attainment on July 28, 2015 (80 FR 30303–8960. The telephone number is 44873). SUMMARY: The Environmental Protection (404) 562–9088. Ms. Bell can also be North Carolina was required to Agency (EPA) is approving a State reached via electronic mail at develop nonattainment SIP revisions Implementation Plan (SIP) revision [email protected]. addressing the CAA requirements for its submitted by the State of North SUPPLEMENTARY INFORMATION: ozone nonattainment areas. Among Carolina, through the North Carolina I. Background other things, North Carolina was Department of Environmental Quality, required to address the annual Division of Air Quality (DAQ), on July In 1979, EPA promulgated a NAAQS emissions reporting requirement in CAA 10, 2019. The SIP revision modifies the for ozone, setting the standard at 0.12 section 182(a)(3)(B), which requires State’s annual emissions reporting parts per million (ppm) averaged over a each state with an ozone nonattainment regulation by removing the annual 1-hour time frame. See 44 FR 8202 area to submit a SIP revision requiring emissions reporting requirement for (February 8, 1979). In 1997, EPA stationary sources that emit 25 tons per certain non-Title V facilities in promulgated a revised NAAQS for year (tpy) or more of nitrogen oxides geographic areas that have been ozone, setting the standard at 0.08 ppm (NOX) or volatile organic compounds redesignated to attainment for the 1979 averaged over an 8-hour time frame. See (VOC) within the nonattainment area to 1-hour ozone national ambient air 62 FR 38856 (July 18, 1997).1 In 2008, provide certified annual emissions quality standards (‘‘NAAQS’’ or EPA revised the level of the 8-hour statements to the state showing actual ‘‘standards’’) and in the areas listed in ozone standard to 0.075 ppm. See 73 FR annual NOX and VOC emissions from the rule that have been redesignated to 16436 (March 27, 2008).2 The the sources. attainment for the 1997 8-hour ozone promulgation of a new or revised NAAQS, with the exception of the NAAQS triggers a CAA requirement for 4 The geographic areas designated as geographic areas that have been EPA to designate as nonattainment any nonattainment in North Carolina for the 1997 ozone redesignated to attainment for the 2008 area that violates the NAAQS or standard included all geographic areas designated 8-hour ozone NAAQS. The SIP revision contributes to a violation in a nearby as nonattainment for the 1979 ozone standard as also makes minor changes that do not well as additional areas. The 1997 Charlotte Area area. On November 6, 1991, EPA consists of Cabarrus, Gaston, Lincoln, Mecklenburg, significantly alter the meaning of the published designations and Rowan, and Union Counties and Davidson regulation. EPA is approving this classifications for the 1979 1-hour ozone Township and Coddle Creek Township in Iredell revision pursuant to the Clean Air Act NAAQS.3 See 56 FR 56694. EPA initially County. (CAA or Act). published designations and 5 The 2008 Charlotte Area is a subset of the 1997 Charlotte Area and consists of Central Cabarrus DATES: This rule is effective March 31, classifications for the revised 1997 8- Township, Concord Township, Georgeville 2021. hour and revised 2008 8-hour ozone Township, Harrisburg Township, Kannapolis ADDRESSES: EPA has established a standards on April 30, 2004 (69 FR Township, Midland Township, Mount Pleasant 23858) and May 21, 2012 (77 FR 30088), Township, New Gilead Township, Odell Township, docket for this action under Docket Poplar Tent Township, and Rimertown Township Identification No. EPA–R04–OAR– in Cabarrus County; Crowders Mountain Township, 2019–0613. All documents in the docket 1 EPA has revoked the 1979 and 1997 ozone Dallas Township, Gastonia Township, Riverbend are listed on the www.regulations.gov standards. See 69 FR 23951 (April 30, 2004) and 80 Township, and South Point Township in Gaston FR 12264 (March 6, 2015), respectively. County; Davidson Township and Coddle Creek website. Although listed in the index, 2 EPA revised the level of the 8-hour ozone Township in Iredell County; Catawba Springs some information may not be publicly standard to 0.070 ppm in 2015 and designated the Township, Ironton Township, and Lincolnton available, i.e., Confidential Business entire state as attainment/unclassifiable for that Township in Lincoln County; Atwell Township, Information or other information whose NAAQS in 2017. See 80 FR 65296 (October 22, China Grove Township, Franklin Township, Gold 2015) and 82 FR 54232 (November 16, 2017). Hill Township, Litaker Township, Locke Township, disclosure is restricted by statute. 3 EPA designated the following geographic areas Providence Township, Salisbury Township, Steele Certain other material, such as in North Carolina as nonattainment for the 1979 Township, and Unity Township in Rowan County; copyrighted material, is not placed on ozone standard: Davidson, Durham, Forsyth, and Goose Creek Township, Marshville Township, the internet and will be publicly Gaston, Guilford, Mecklenburg, and Wake Counties, Monroe Township, Sandy Ridge Township, and the Dutchville Township in Granville County, and Vance Township in Union County. available only in hard copy form. that part of Davie County bounded by the Yadkin 6 See 58 FR 47391 (November 9, 1993), 59 FR Publicly available docket materials can River, Dutchmans Creek, North Carolina Highway 18300 (April 18, 1994), and 60 FR 34859 (July 5, either be retrieved electronically via 801, Fulton Creek and back to the Yadkin River. 1995).

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On August 1, 1997 (62 FR 41277), additional detail regarding the SIP fully federally enforceable under EPA approved the State’s annual revision and rationale for EPA’s action. sections 110 and 113 of the CAA as of emissions reporting requirement at 15A Comments on the October 27, 2020, the effective date of the final rulemaking NCAC Subchapter 02Q Section NPRM were due on or before November of EPA’s approval, and will be .0207,7 Annual Emissions Reporting, 27, 2020. incorporated by reference in the next into the North Carolina SIP for the 10 III. Response to Comments update to the SIP compilation. geographic areas designated as nonattainment for the 1979 ozone EPA received one comment on the V. Final Action NAAQS.8 On January 31, 2008, North October 27, 2020, NPRM. A summary of EPA is approving North Carolina’s Carolina submitted a SIP revision the comment and EPA’s response is July 10, 2019, SIP submission, which adding the 1997 Charlotte Area to its provided below. The full comment is in revises 15A NCAC Subchapter 02Q annual emissions reporting requirement the docket for this rulemaking. Section .0207, Annual Emissions Comment: The Commenter as a result of EPA’s nonattainment Reporting, state effective April 1, 2018, recommends that EPA freeze its actions designations for the 1997 8-hour ozone which removes annual emissions 9 until the Biden administration has the standard. On April 24, 2012 (77 FR reporting requirement for certain non- authority to promulgate rules and 24382), EPA approved that SIP revision Title V facilities; updates the calendar regulations. The Commenter then states and added the 1997 Charlotte Area to year when the annual emissions that ‘‘Leaving clean air and water to the the annual emissions reporting reporting requirement begins; and states can be a mistake unless it is requirement in the North Carolina SIP to makes several minor editorial changes. California which leads in regulatory meet the requirements of CAA section EPA is approving this revision pursuant emissions.’’ 182(a)(3)(B). to the CAA. Paragraph (c) of Section .0207 lists the Response: The majority of the geographic areas in North Carolina comment is beyond the scope of EPA’s VI. Statutory and Executive Order where owners or operators of certain action on North Carolina’s July 10, 2019 Reviews non-title V facilities with actual SIP submittal. With respect to this Under the CAA, the Administrator is emissions of 25 tpy or more of NO or action, Section 110(k) of the CAA X required to approve a SIP submission VOC are required to report by June 30th requires EPA to approve SIP submittals that complies with the provisions of the of each year the actual emissions of NO that meet all applicable CAA X Act and applicable Federal regulations. and VOC during the previous year. requirements and to do so within See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Paragraph (d) identifies the date that the specific timeframes. EPA is approving Thus, in reviewing SIP submissions, annual reporting requirement in the State’s submittal because the Agency paragraph (c) shall begin. has concluded that the submittal meets EPA’s role is to approve state choices, CAA requirements and the Commenter provided that they meet the criteria of II. Analysis of State’s Submission did not provide any information the CAA. This action merely approves EPA is approving North Carolina’s indicating otherwise. Furthermore, the state law as meeting Federal July 10, 2019 SIP revision which statutory deadline to act on this requirements and does not impose amends the emissions reporting submittal is January 10, 2021, prior to additional requirements beyond those requirement at 15A NCAC Subchapter the change in presidential imposed by state law. For that reason, 02Q Section .0207, Annual Emissions administration. EPA’s statutory this action: Reporting. Specifically, the revision obligation to act on SIP submittals is not • Is not a significant regulatory action removes the annual emissions reporting tolled due to a pending change in subject to review by the Office of requirement for certain non-Title V administration. Management and Budget under facilities in geographic areas that have Executive Orders 12866 (58 FR 51735, IV. Incorporation by Reference been redesignated to attainment for the October 4, 1993) and 13563 (76 FR Does 1979 1-hour ozone NAAQS and in the In this document, EPA is finalizing not impose an information collection redesignated 1997 Charlotte Area, while regulatory text that includes burden under the provisions of the retaining the requirement for the incorporation by reference. In Paperwork Reduction Act (44 U.S.C. redesignated 2008 Charlotte Area. accordance with requirements of 1 CFR 3501 et seq.); Additionally, the revision updates the 51.5, EPA is finalizing the incorporation • Is certified as not having a calendar year that the emissions by reference of 15A NCAC Subchapter significant economic impact on a reporting requirement begins from 2007 02Q Section .0207, Annual Emissions substantial number of small entities to 2017 in paragraph (d) and makes Reporting, state effective April 1, 2018, under the Regulatory Flexibility Act (5 several minor editorial changes to the which removes the annual emissions U.S.C. 601 et seq.); rule. reporting requirement for certain non- • Does not contain any unfunded In a notice of proposed rulemaking Title V facilities; updates the calendar mandate or significantly or uniquely (NPRM) published on October 27, 2020 year when the annual emissions affect small governments, as described (85 FR 68026), EPA proposed to approve reporting requirement begins; and in the Unfunded Mandates Reform Act North Carolina’s SIP revision. The makes several minor editorial changes. of 1995 (Pub. L. 104–4); October 27, 2020, NPRM provides EPA has made, and will continue to • make, these materials generally Does not have Federalism 7 In the table of North Carolina regulations available through www.regulations.gov implications as specified in Executive federally approved into the SIP at 40 CFR and at the EPA Region 4 Office (please Order 13132 (64 FR 43255, August 10, 52.1770(c), 15A NCAC Subchapter 02Q is referred contact the person identified in the FOR 1999); to as ‘‘Subchapter 2Q Air Quality Permits.’’ • 8 Section .0207 also contains an annual reporting FURTHER INFORMATION CONTACT section of Is not an economically significant requirement at paragraph (a) for owners and this preamble for more information). regulatory action based on health or operators of title V facilities in the State. Therefore, these materials have been safety risks subject to Executive Order 9 The SIP revision added Cabarrus, Lincoln, 13045 (62 FR 19885, April 23, 1997); Rowan, and Union Counties and Davidson approved by EPA for inclusion in the Township and Coddle Creek Township in Iredell SIP, have been incorporated by County to the emissions reporting requirement. reference by EPA into that plan, are 10 See 62 FR 27968 (May 22, 1997).

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• Is not a significant regulatory action the U.S. House of Representatives, and That document with the original subject to Executive Order 13211 (66 FR the Comptroller General of the United signature and date is maintained by 28355, May 22, 2001); States prior to publication of the rule in EPA. For administrative purposes only, • Is not subject to requirements of the Federal Register. A major rule and in compliance with requirements of Section 12(d) of the National cannot take effect until 60 days after it the Office of the Federal Register, the Technology Transfer and Advancement is published in the Federal Register. undersigned EPA Official re-signs the Act of 1995 (15 U.S.C. 272 note) because This action is not a ‘‘major rule’’ as document for publication, as an official application of those requirements would defined by 5 U.S.C. 804(2). Under document of the Environmental be inconsistent with the CAA; and section 307(b)(1) of the CAA, petitions Protection Agency. This administrative • Does not provide EPA with the for judicial review of this action must be process in no way alters the legal effect discretionary authority to address, as filed in the United States Court of of this document upon publication in appropriate, disproportionate human Appeals for the appropriate circuit by the Federal Register. health or environmental effects, using April 30, 2021. Filing a petition for Dated: February 23, 2021. practicable and legally permissible reconsideration by the Administrator of John Blevins, methods, under Executive Order 12898 this final rule does not affect the finality Acting Regional Administrator, Region 4. (59 FR 7629, February 16, 1994). of this action for the purposes of judicial The SIP is not approved to apply on review nor does it extend the time For the reasons stated in the any Indian reservation land or in any within which a petition for judicial preamble, the EPA amends 40 CFR part other area where EPA or an Indian tribe review may be filed, and shall not 52 as follows: has demonstrated that a tribe has postpone the effectiveness of such rule jurisdiction. In those areas of Indian or action. This action may not be PART 52—APPROVAL AND country, the rule does not have tribal challenged later in proceedings to PROMULGATION OF implications as specified by Executive enforce its requirements. See section IMPLEMENTATION PLANS Order 13175 (65 FR 67249, November 9, 307(b)(2). 2000), nor will it impose substantial ■ 1. The authority citation for part 52 direct costs on tribal governments or List of Subjects in 40 CFR Part 52 continues to read as follows: preempt tribal law. Environmental protection, Air Authority: 42 U.S.C. 7401 et seq. The Congressional Review Act, 5 pollution control, Incorporation by U.S.C. 801 et seq., as added by the Small reference, Intergovernmental relations, Subpart II—North Carolina Business Regulatory Enforcement Ozone, Reporting and recordkeeping Fairness Act of 1996, generally provides requirements, Volatile organic ■ 2. In 52.1770 amend Table 1 in that before a rule may take effect, the compounds. paragraph (c) under Subchapter 2Q Air agency promulgating the rule must Quality Permits under Section .0200 submit a rule report, which includes a Signing Statement Permit Fees by revising the entry for copy of the rule, to each House of the This document of the Environmental ‘‘Section .0207’’ to read as follows: Congress and to the Comptroller General Protection Agency was signed on of the United States. EPA will submit a December 22, 2020, by Mary Walker, § 52.1770 Identification of plan. report containing this action and other Regional Administrator, pursuant to the * * * * * required information to the U.S. Senate, Statutory Deadline of the Clean Air Act. (c) * * *

(1) EPA APPROVED NORTH CAROLINA REGULATIONS

State State citation Title/subject effective EPA approval date Explanation date

*******

Subchapter 2Q Air Quality Permits

*******

Section .0200 Permit Fees

Section .0207 ...... Annual Emissions Reporting ...... 4/1/2018 [Insert citation of publication], 3/1/ 2021.

*******

* * * * * [FR Doc. 2021–04065 Filed 2–26–21; 8:45 am] BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION Management Section, Air Planning and KAR 51:010 in 2016.3 Since that time, AGENCY Implementation Branch, Air and EPA promulgated the 2015 8-hour ozone Radiation Division, U.S. Environmental NAAQS and redesignated several areas 40 CFR Part 52 Protection Agency, Region 4, 61 Forsyth within the Commonwealth. Kentucky [EPA–R04–OAR–2020–0370; FRL–10019– Street SW, Atlanta, Georgia 30303–8960. amended 401 KAR 51:010 in 2019 by 18–Region 4] The telephone number is (404) 562– updating the attainment status 9144. Ms. Larocca can also be reached designations in Sections 7 through 9 for Air Plan Approval; KY; Updates to via electronic mail at larocca.sara@ O3, PM less than 2.5 microns in Attainment Status Designations epa.gov. diameter (PM2.5), and SO2 to conform with EPA’s attainment status AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION: designations in 40 CFR 81.318. Agency (EPA). I. Background Regulation 401 KAR 51:010 has also ACTION: Final rule. been amended by making one minor Sections 108 and 109 of the CAA textual modification to the NECESSITY, SUMMARY: The Environmental Protection require EPA to set NAAQS for criteria FUNCTION, AND CONFORMITY Agency (EPA) is taking final action to air pollutants (ozone (O3), particulate section. The details of Kentucky’s approve a State Implementation Plan matter (PM), carbon monoxide, lead, submission and the rationale for EPA’s (SIP) revision submitted by the sulfur dioxide (SO2), and nitrogen action are explained in the proposed Commonwealth of Kentucky, through dioxide) and to undertake periodic rulemaking. Comments on the October the Kentucky Division for Air Quality review of these standards. After EPA 19, 2020, NPRM were due on or before (KDAQ), on December 9, 2019. The SIP sets a new NAAQS or revises an existing November 18, 2020. EPA did not receive revision updates the description and standard, the CAA requires EPA to any comments on the October 19, 2020, attainment status designations of determine if areas of the country meet NPRM. EPA is now taking final action geographic areas within the the new standards and to designate to approve the above-referenced Commonwealth for several National areas as either nonattainment, changes. Ambient Air Quality Standards attainment, or unclassifiable.1 Such (NAAQS or standards). The updates are designations inform the state’s planning II. Incorporation by Reference being made to conform Kentucky’s and implementation of requirements to In this notice, EPA is finalizing EPA attainment status tables with the federal achieve and maintain the NAAQS for rule regulatory text that includes attainment status designations for these each area within that state. incorporation by reference. In areas. EPA is approving Kentucky’s SIP Section 107(d) of the CAA governs the accordance with requirements of 1 CFR revision because it is consistent with the process for these initial area 51.5, EPA is finalizing the incorporation Clean Air Act (CAA or Act) and EPA’s designations. Under this process, states by reference of Kentucky regulation 401 regulations. and tribes submit recommendations to KAR 51:010, Attainment status DATES: This rule is effective March 31, EPA as to whether or not an area is designations, state effective November 2021. attaining the NAAQS for criteria air 19, 2019, which was revised to be ADDRESSES: EPA has established a pollutants. EPA then considers these consistent with the federal attainment docket for this action under Docket recommendations as part of its status designations for the areas within Identification No. EPA–R04–OAR– obligation to promulgate the area the Commonwealth. EPA has made, and 2020–0370. All documents in the docket designations for the new or revised will continue to make, these materials are listed on the www.regulations.gov NAAQS. EPA codifies its designations generally available through website. Although listed in the index, for areas within each state in 40 CFR www.regulations.gov and at the EPA some information is not publicly part 81.2 Under section 107(d) of the Region 4 Office (please contact the available, i.e., Confidential Business CAA, a designation for an area remains person identified in the FOR FURTHER Information or other information whose in effect until redesignated by EPA. INFORMATION CONTACT section of this preamble for more information). disclosure is restricted by statute. In a notice of proposed rulemaking Therefore, these materials have been Certain other material, such as (NPRM) published on October 19, 2020 approved by EPA for inclusion in the copyrighted material, is not placed on (85 FR 66295), EPA proposed to approve SIP, have been incorporated by the internet and will be publicly changes to Kentucky rule 401 Kentucky reference by EPA into that plan, are available only in hard copy form. Administrative Regulation (KAR) fully federally enforceable under Publicly available docket materials can 51:010, Attainment status designations, sections 110 and 113 of the CAA as of either be retrieved electronically via which update the description and the effective date of the final rulemaking www.regulations.gov or in hard copy at attainment or nonattainment status of of EPA’s approval, and will be the Air Regulatory Management Section, geographic areas within the incorporated by reference by the Air Planning and Implementation Commonwealth with regard to a number Director of the Federal Register in the Branch, Air and Radiation Division, of the NAAQS. The Commonwealth of next update to the SIP compilation.4 U.S. Environmental Protection Agency, Kentucky last amended Regulation 401 Region 4, 61 Forsyth Street SW, Atlanta, III. Final Action Georgia 30303–8960. EPA requests that 1 An area is designated nonattainment if it is if at all possible, you contact the person EPA is taking final action to approve found to be an area that does not meet (or that portions of the Commonwealth of listed in the FOR FURTHER INFORMATION contributes to ambient air quality in a nearby area Kentucky’s SIP revision submitted on CONTACT section to schedule your that does not meet) the NAAQS; an area is designated attainment if it is an area that meets the December 9, 2019, because the changes inspection. The Regional Office’s NAAQS and does not contribute to an area violating are consistent with the CAA and EPA official hours of business are Monday the NAAQS; and an area is designated regulations. The submission amends through Friday 8:30 a.m. to 4:30 p.m., unclassifiable if it cannot be classified on the basis excluding Federal holidays. of available information as meeting or not meeting the NAAQS. See CAA section 107(d)(1)(A). 3 EPA approved those amendments into the SIP FOR FURTHER INFORMATION CONTACT: 2 EPA’s attainment status designations for in 2018. See 83 FR 65088 (December 19, 2018). Sarah Larocca, Air Regulatory Kentucky are found at 40 CFR 81.318. 4 See 62 FR 27968 (May 22, 1997).

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and updates Kentucky regulation 401 safety risks subject to Executive Order Court of Appeals for the appropriate KAR 51:010, Attainment status 13045 (62 FR 19885, April 23, 1997); circuit by April 30, 2021. Filing a designations, to conform with EPA’s • Is not a significant regulatory action petition for reconsideration by the attainment status designations in 40 subject to Executive Order 13211 (66 FR Administrator of this final rule does not CFR 81.318. EPA is proposing to 28355, May 22, 2001); affect the finality of this action for the approve these changes because they are • Is not subject to requirements of purposes of judicial review nor does it consistent with the CAA and EPA Section 12(d) of the National extend the time within which a petition regulations. Technology Transfer and Advancement for judicial review may be filed, and Act of 1995 (15 U.S.C. 272 note) because shall not postpone the effectiveness of IV. Statutory and Executive Order application of those requirements would such rule or action. This action may not Reviews be inconsistent with the CAA; and be challenged later in proceedings to • Under the CAA, the Administrator is Does not provide EPA with the enforce its requirements. See section required to approve a SIP submission discretionary authority to address, as 307(b)(2). that complies with the provisions of the appropriate, disproportionate human List of Subjects in 40 CFR Part 52 Act and applicable Federal regulations. health or environmental effects, using See 42 U.S.C. 7410(k); 40 CFR 52.02(a). practicable and legally permissible Environmental protection, Air Thus, in reviewing SIP submissions, methods, under Executive Order 12898 pollution control, Carbon monoxide, EPA’s role is to approve state choices, (59 FR 7629, February 16, 1994). Incorporation by reference, provided that they meet the criteria of The SIP is not approved to apply on Intergovernmental relations, Lead, the CAA. This action merely approves any Indian reservation land or in any Nitrogen dioxide, Ozone, Particulate state law as meeting Federal other area where EPA or an Indian tribe matter, Reporting and recordkeeping requirements and does not impose has demonstrated that a tribe has requirements, Sulfur oxides, Volatile jurisdiction. In those areas of Indian additional requirements beyond those organic compounds. country, the rule does not have tribal imposed by state law. For that reason, implications as specified by Executive Dated: February 23, 2021. this action: Order 13175 (65 FR 67249, November 9, John Blevins, • Is not a significant regulatory action 2000), nor will it impose substantial Acting Regional Administrator, Region 4. subject to review by the Office of direct costs on tribal governments or Management and Budget under For the reasons stated in the preempt tribal law. preamble, EPA amends 40 CFR part 52 Executive Orders 12866 (58 FR 51735, The Congressional Review Act, 5 as follows: October 4, 1993) and 13563 (76 FR 3821, U.S.C. 801 et seq., as added by the Small January 21, 2011); Business Regulatory Enforcement • PART 52—APPROVAL AND Does not impose an information Fairness Act of 1996, generally provides collection burden under the provisions PROMULGATION OF that before a rule may take effect, the IMPLEMENTATION PLANS of the Paperwork Reduction Act (44 agency promulgating the rule must U.S.C. 3501 et seq.); submit a rule report, which includes a ■ • 1. The authority citation for part 52 Is certified as not having a copy of the rule, to each House of the continues to read as follows: significant economic impact on a Congress and to the Comptroller General Authority: 42 U.S.C. 7401 et seq. substantial number of small entities of the United States. EPA will submit a under the Regulatory Flexibility Act (5 report containing this action and other Subpart S—Kentucky U.S.C. 601 et seq.); required information to the U.S. Senate, • Does not contain any unfunded the U.S. House of Representatives, and ■ 2. In 52.920, amend Table 1 in mandate or significantly or uniquely the Comptroller General of the United paragraph (c) under the heading Chapter affect small governments, as described States prior to publication of the rule in 51 Attainment and Maintenance of the in the Unfunded Mandates Reform Act the Federal Register. A major rule National Ambient Air Quality Standards of 1995 (Pub. L. 104–4); cannot take effect until 60 days after it by revising the entry for ‘‘401 KAR • Does not have Federalism is published in the Federal Register. 51:010 Attainment status designations’’ implications as specified in Executive This action is not a ‘‘major rule’’ as to read as follows: Order 13132 (64 FR 43255, August 10, defined by 5 U.S.C. 804(2). 1999); Under section 307(b)(1) of the CAA, § 52.920 Identification of plan. • Is not an economically significant petitions for judicial review of this * * * * * regulatory action based on health or action must be filed in the United States (c) * * *

TABLE 1—EPA-APPROVED KENTUCKY REGULATIONS

State State citation Title/subject effective date EPA approval date Explanation

*******

Chapter 51 Attainment and Maintenance of the National Ambient Air Quality Standards

******* 401 KAR 51:010 ...... Attainment status designations ..... 11/19/2019 3/1/2021, [Insert citation of publication].

*******

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* * * * * Engineer, Control Strategies Section, Air Federal regulations. 42 U.S.C. 7410(k); [FR Doc. 2021–04057 Filed 2–26–21; 8:45 am] Programs Branch (AR–18J), 40 CFR 52.02(a). Thus, in reviewing SIP BILLING CODE 6560–50–P Environmental Protection Agency, submissions, EPA’s role is to approve Region 5, 77 West Jackson Boulevard, state choices, provided that they meet Chicago, Illinois 60604, (312) 886–6031, the criteria of the CAA. Accordingly, ENVIRONMENTAL PROTECTION [email protected]. this action merely approves state law as AGENCY SUPPLEMENTARY INFORMATION: meeting Federal requirements and does not impose additional requirements 40 CFR Part 52 Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean beyond those imposed by state law. For [EPA–R05–OAR–2020–0116; FRL–10020– EPA. that reason, this action: 52–Region 5] • Is not a significant regulatory action I. What is being addressed in this subject to review by the Office of Air Plan Approval; Illinois; Removal of document? Management and Budget under Variance for Illinois Power Holdings This rule approves IEPA’s January 23, Executive Orders 12866 (58 FR 51735, and AmerenEnergy Medina Valley 2020, submission to remove the October 4, 1993) and 13563 (76 FR 3821, Cogen Facilities variance (PCB 14–10) from the Illinois January 21, 2011); • AGENCY: Environmental Protection SIP, for IPH and Medina Valley, and Does not impose an information Agency (EPA). will reimpose tighter limits on all collection burden under the provisions of the Paperwork Reduction Act (44 ACTION: Final rule. facilities currently in operation under 35 IAC Section 225.233. The U.S.C. 3501 et seq.); SUMMARY: The Environmental Protection background for this action is discussed • Is certified as not having a Agency (EPA) is approving a revision to in detail in EPA’s notice of proposed significant economic impact on a the Illinois State Implementation Plan rulemaking (NPRM), dated September substantial number of small entities (SIP) submitted on January 23, 2020, by 18, 2020 (85 FR 58320). under the Regulatory Flexibility Act (5 the Illinois Environmental Protection U.S.C. 601 et seq.); Agency (IEPA). The revision removes II. What comments did we receive on • Does not contain any unfunded the variance from the sulfur dioxide the proposed rule? mandate or significantly or uniquely (SO2) requirements of the Illinois In the NPRM, EPA provided a 30-day affect small governments, as described Administrative Code (IAC) Multi- review and comment period for the in the Unfunded Mandates Reform Act Pollutant Standard Rule for coal-fired proposed rule. The comment period of 1995 (Pub. L. 104–4); • electrical generating units (EGUs) ended on October 19, 2020. We received Does not have federalism owned by the Illinois Power Holdings, no adverse comments on the proposed implications as specified in Executive LLC (IPH) and the AmerenEnergy rule. Order 13132 (64 FR 43255, August 10, Medina Valley Cogen, LLC (Medina EPA did, however, receive one 1999); • Valley), and will reimpose tighter limits anonymous comment that did not Is not an economically significant on all facilities currently in operation. explain or provide a legal basis for why regulatory action based on health or safety risks subject to Executive Order DATES: The final is effective March 31, the proposed action should differ, and 2021. therefore requires no further response. 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action ADDRESSES: EPA has established a III. What action is EPA taking? subject to Executive Order 13211 (66 FR docket for this action under Docket ID EPA is approving IEPA’s January 23, 28355, May 22, 2001); No. EPA–R05–OAR–2020–0116. All 2020, request to revise the Illinois SIP • Is not subject to requirements of documents in the docket are listed on by removing PCB 14–10 from the SIP for Section 12(d) of the National the www.regulations.gov website. IPH and Medina Valley. Technology Transfer and Advancement Although listed in the index, some Act of 1995 (15 U.S.C. 272 note) because information is not publicly available, IV. Incorporation by Reference application of those requirements would i.e., Confidential Business Information In this document, EPA is amending be inconsistent with the CAA; and (CBI) or other information whose regulatory text that includes • Does not provide EPA with the disclosure is restricted by statute. incorporation by reference. As described discretionary authority to address, as Certain other material, such as in the amendments to 40 CFR part 52 set appropriate, disproportionate human copyrighted material, is not placed on forth below, EPA is removing provisions health or environmental effects, using the internet and will be publicly of the EPA-Approved Illinois Source- practicable and legally permissible available only in hard copy form. Specific Requirements from the Illinois methods, under Executive Order 12898 Publicly available docket materials are SIP, which is incorporated by reference (59 FR 7629, February 16, 1994). available either through in accordance with the requirements of In addition, the SIP is not approved www.regulations.gov or at the 1 CFR part 51. EPA has made, and will to apply on any Indian reservation land Environmental Protection Agency, continue to make the SIP generally or in any other area where EPA or an Region 5, Air and Radiation Division, 77 available through www.regulations.gov Indian tribe has demonstrated that a West Jackson Boulevard, Chicago, and at the EPA Region 5 Office (please tribe has jurisdiction. In those areas of Illinois 60604. This facility is open from contact the person identified in the FOR Indian country, the rule does not have 8:30 a.m. to 4:30 p.m., Monday through FURTHER INFORMATION CONTACT section of tribal implications and will not impose Friday, excluding Federal holidays and this preamble for more information). substantial direct costs on tribal facility closures due to COVID–19. We governments or preempt tribal law as recommend that you telephone Charles V. Statutory and Executive Order specified by Executive Order 13175 (65 Hatten, Environmental Engineer, at Reviews FR 67249, November 9, 2000). (312) 886–6031 before visiting the Under the Clean Air Act (CAA), the The Congressional Review Act, 5 Region 5 office. Administrator is required to approve a U.S.C. 801 et seq., as added by the Small FOR FURTHER INFORMATION CONTACT: SIP submission that complies with the Business Regulatory Enforcement Charles Hatten, Environmental provisions of the CAA and applicable Fairness Act of 1996, generally provides

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that before a rule may take effect, the ENVIRONMENTAL PROTECTION U.S. Environmental Protection Agency, agency promulgating the rule must AGENCY Region 4, 61 Forsyth Street SW, Atlanta, submit a rule report, which includes a Georgia 30303–8960. EPA requests that copy of the rule, to each House of the 40 CFR Part 52 if at all possible, you contact the person Congress and to the Comptroller General [EPA–R04–OAR–2017–0626; FRL–10017– listed in the FOR FURTHER INFORMATION of the United States. EPA will submit a 45–Region 4] CONTACT section to schedule your report containing this action and other inspection. The Regional Office’s required information to the U.S. Senate, Air Plan Approval; Tennessee; official hours of business are Monday the U.S. House of Representatives, and Emissions Inventory and through Friday 8:30 a.m. to 4:30 p.m., Nonattainment New Source Review the Comptroller General of the United excluding Federal holidays. Plan for Sullivan County SO States prior to publication of the rule in 2 FOR FURTHER INFORMATION CONTACT: Nonattainment Area the Federal Register. A major rule Steven Scofield, Air Regulatory cannot take effect until 60 days after it AGENCY: Environmental Protection Management Section, Air Planning and is published in the Federal Register. Agency (EPA). Implementation Branch, Air and Radiation Division, U.S. Environmental This action is not a ‘‘major rule’’ as ACTION: Final rule. Protection Agency, Region 4, 61 Forsyth defined by 5 U.S.C. 804(2). SUMMARY: The Environmental Protection Street SW, Atlanta, Georgia 30303–8960. Under section 307(b)(1) of the CAA, Agency (EPA) is taking final action to Mr. Scofield can be reached via petitions for judicial review of this approve portions of State telephone at (404) 562–9034 or via action must be filed in the United States Implementation Plan (SIP) revisions electronic mail at scofield.steve@ Court of Appeals for the appropriate submitted by the State of Tennessee, epa.gov. circuit by April 30, 2021. Filing a through the Tennessee Department of SUPPLEMENTARY INFORMATION: petition for reconsideration by the Environment and Conservation (TDEC), Administrator of this final rule does not on May 12, 2017. The portions that EPA I. Background and Purpose affect the finality of this action for the is approving are the emissions inventory On June 22, 2010, EPA published purposes of judicial review nor does it and nonattainment new source review notice of a new 1-hour primary SO2 extend the time within which a petition (NNSR) requirements for the 2010 1- NAAQS of 75 parts per billion (ppb), for judicial review may be filed, and hour sulfur dioxide (SO2) primary which is met at an ambient air quality shall not postpone the effectiveness of national ambient air quality standard monitoring site when the 3-year average such rule or action. This action may not (NAAQS) for the Sullivan County SO2 of the annual 99th percentile of daily be challenged later in proceedings to nonattainment area (hereinafter referred maximum 1-hour concentrations does to as the ‘‘Sullivan County Area’’ or enforce its requirements. (See section not exceed 75 ppb, as determined in ‘‘Area’’). The Sullivan County Area is 307(b)(2).) accordance with appendix T of 40 CFR comprised of a portion of Sullivan part 50. See 75 FR 35520, codified at 40 List of Subjects in 40 CFR Part 52 County in Tennessee surrounding the CFR 50.17(a) and (b). On August 5, Eastman Chemical Company 2013, EPA designated a first set of 29 Environmental protection, Air (hereinafter referred to as ‘‘Eastman’’). areas of the country as nonattainment pollution control, Incorporation by EPA is not taking action on the other for the 2010 SO2 NAAQS, including the reference, Sulfur oxides. portions of the May 12, 2017, SIP Sullivan County Area within the State Dated: February 22, 2021. submissions. EPA has determined that of Tennessee. See 78 FR 47191, codified Tennessee has met the applicable Cheryl Newton, at 40 CFR part 81, subpart C. These emissions inventory and NNSR Acting Regional Administrator, Region 5. ‘‘Round one’’ area designations were requirements under the Clean Air Act effective October 4, 2013. Section 191(a) 40 CFR part 52 is amended as follows: (CAA or Act) for the 2010 1-hour of the CAA directs states to submit SIPs primary SO2 NAAQS in the Sullivan for areas designated as nonattainment County Area. PART 52—APPROVAL AND for the SO2 NAAQS to EPA within 18 PROMULGATION OF DATES: This rule is effective March 31, months of the effective date of the IMPLEMENTATION PLANS 2021. designation, i.e., by no later than April ADDRESSES: EPA has established a 4, 2015 in this case. Section 192(a) ■ 1. The authority citation for part 52 docket for this action under Docket requires that such plans shall provide continues to read as follows: Identification No. EPA–R04–OAR– for NAAQS attainment as expeditiously 2017–0626. All documents in the docket as practicable, but no later than 5 years Authority: 42 U.S.C. 7401 et seq. are listed on the www.regulations.gov from the effective date of designation, § 52.720 [Amended] website. Although listed in the index, which is October 4, 2018 in this case, in some information may not be publicly accordance with CAA sections 191–192. ■ 2. In § 52.720, the table in paragraph available, i.e., Confidential Business Section 172(c) of part D of the CAA (d) is amended by removing the entry Information or other information whose requires such SIP submittals to comply for ‘‘IPH/Ameren Energy’’. disclosure is restricted by statute. with the following: Provide for the [FR Doc. 2021–03985 Filed 2–26–21; 8:45 am] Certain other material, such as implementation of all reasonably copyrighted material, is not placed on available control measures as BILLING CODE 6560–50–P the internet and will be publicly expeditiously as practicable and available only in hard copy form. attainment of the NAAQS; require Publicly available docket materials are reasonable further progress (RFP); available either electronically through include a comprehensive, accurate, www.regulations.gov or in hard copy at current inventory of actual emissions the Air Regulatory Management Section, from all sources in the area; identify and Air Planning and Implementation quantify the emissions of any pollutants Branch, Air and Radiation Division, from new or modified major sources in

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the area and demonstrate the emissions imposed as a result of Tennessee having provided that they meet the criteria of will be consistent with the achievement missed the April 4, 2015, submission the CAA. This action merely approves of RFP and will not interfere with deadline. state law as meeting Federal attainment of the applicable NAAQS; On June 29, 2018 (83 FR 30609), EPA requirements and does not impose require permits for new or modified proposed to approve Tennessee’s May additional requirements beyond those major sources anywhere in the 12, 2017, nonattainment plan submittals imposed by state law. For that reason, nonattainment area; include enforceable and SO2 attainment demonstration. The this action: emission limitations and such other State’s submittals and attainment • Is not a significant regulatory action measures as may be necessary or demonstration included all the specific subject to review by the Office of appropriate to provide for attainment nonattainment SIP elements mentioned Management and Budget under the NAAQS; comply with CAA section above. Comments on EPA’s proposed Executive Orders 12866 (58 FR 51735, 110(a)(2); and provide for the rulemaking were due on or before July October 4, 1993) and 13563 (76 FR 3821, implementation of contingency 30, 2018. EPA received two sets of January 21, 2011); measures to be undertaken if the area relevant comments on the proposed • Does not impose an information fails to make RFP, or to attain the approval of Tennessee’s nonattainment collection burden under the provisions NAAQS by the attainment date. In this area plan for the Sullivan County Area. of the Paperwork Reduction Act (44 action, the only portions of Tennessee’s These comments and others are U.S.C. 3501 et seq.); submissions that EPA is approving are available in the docket for this final • Is certified as not having a the emissions inventory and NNSR rulemaking action. None of the significant economic impact on a requirements of 172(c)(3) and (5), comments received related to EPA’s substantial number of small entities respectively. proposed approval of the emissions under the Regulatory Flexibility Act (5 On April 23, 2014, EPA issued a inventory pursuant to 172(c)(3) or the U.S.C. 601 et seq.); guidance document entitled, ‘‘Guidance NNSR requirements pursuant to • Does not contain any unfunded for 1-Hour SO2 Nonattainment Area SIP 172(c)(5), and these requirements are mandate or significantly or uniquely Submissions.’’ This guidance provides separate and severable from the affect small governments, as described recommendations for the development requirements for which EPA received in the Unfunded Mandates Reform Act of SO2 nonattainment SIPs to satisfy comments. of 1995 (Pub. L. 104–4); CAA requirements (see, e.g., sections For a comprehensive discussion of • Does not have Federalism 172, 191, and 192). A nonattainment SIP EPA’s analysis and rationale for implications as specified in Executive must also meet the requirements of 40 approval of the emissions inventory and Order 13132 (64 FR 43255, August 10, CFR part 51, subparts F and G, and 40 NNSR portions of the State’s submittals 1999); CFR part 51, appendix W (the Guideline for this Area, please refer to EPA’s June • Is not an economically significant on Air Quality Models; ‘‘the 29, 2018, notice of proposed regulatory action based on health or Guideline’’), and include inventory data, rulemaking. EPA has determined that safety risks subject to Executive Order modeling results, and emissions the Tennessee SIP submittals provide a 13045 (62 FR 19885, April 23, 1997); reduction analyses on which the state comprehensive, accurate, and current • Is not a significant regulatory action has based its projected attainment. The inventory of SO2 emissions in the subject to Executive Order 13211 (66 FR base year emissions inventory (section Sullivan County Area. In addition, 28355, May 22, 2001); 172(c)(3)) is required to show a Tennessee’s SIP contains NNSR • Is not subject to requirements of ‘‘comprehensive, accurate, current requirements at Tennessee Air Pollution Section 12(d) of the National inventory’’ of all relevant pollutants in Control Regulation 1200–03–09–.01(5) Technology Transfer and Advancement the nonattainment area. To meet the that satisfy the applicable federal NNSR Act of 1995 (15 U.S.C. 272 note) because NNSR requirements of section 172(c)(5), requirements for permitting of new and application of those requirements would the state’s SIP is required to include a modified major sources. be inconsistent with the CAA; and program to address new and modified • Does not provide EPA with the major sources as provided in 40 CFR II. Final Action discretionary authority to address, as 51.165. EPA is taking final action to approve appropriate, disproportionate human For a number of areas, including the the emissions inventory and NNSR health or environmental effects, using Sullivan County Area, EPA published a portions of Tennessee’s SO2 practicable and legally permissible document on March 18, 2016, finding nonattainment SIP submissions, which methods, under Executive Order 12898 that pertinent states had failed to submit the State submitted to EPA on May 12, (59 FR 7629, February 16, 1994). the required SO2 nonattainment plan by 2017, to meet certain nonattainment The SIP is not approved to apply on the submittal deadline. See 81 FR area planning requirements. EPA has any Indian reservation land or in any 14736. This finding initiated a deadline determined that these portions of other area where EPA or an Indian tribe under CAA section 179(a) for the Tennessee’s nonattainment SIP meet the has demonstrated that a tribe has potential imposition of new source applicable requirements of sections 110 jurisdiction. In those areas of Indian review and highway funding sanctions, and 172 of the CAA and applicable country, the rule does not have tribal and for EPA to promulgate a federal regulatory requirements at 40 CFR part implications as specified by Executive implementation plan (FIP) under 51. Order 13175 (65 FR 67249, November 9, section 110(c) of the CAA. In response 2000), nor will it impose substantial III. Statutory and Executive Order to the requirement for SO2 direct costs on tribal governments or nonattainment plan submittals, Reviews preempt tribal law. Tennessee submitted a nonattainment Under the CAA, the Administrator is The Congressional Review Act, 5 plan for the Sullivan County Area on required to approve a SIP submission U.S.C. 801 et seq., as added by the Small May 12, 2017. Pursuant to Tennessee’s that complies with the provisions of the Business Regulatory Enforcement May 12, 2017, submittals and EPA’s Act and applicable Federal regulations. Fairness Act of 1996, generally provides subsequent completeness determination See 42 U.S.C. 7410(k); 40 CFR 52.02(a). that before a rule may take effect, the letter dated October 10, 2017, sanctions Thus, in reviewing SIP submissions, agency promulgating the rule must under section 179(a) will not be EPA’s role is to approve state choices, submit a rule report, which includes a

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copy of the rule, to each House of the List of Subjects in 40 CFR Part 52 Dated: February 23, 2021. Congress and to the Comptroller General John Blevins, of the United States. EPA will submit a Environmental protection, Air Acting Regional Administrator, Region 4. report containing this action and other pollution control, Incorporation by required information to the U.S. Senate, reference, Intergovernmental relations, For the reasons stated in the the U.S. House of Representatives, and Reporting and recordkeeping preamble, the EPA amends 40 CFR part the Comptroller General of the United requirements, Sulfur oxides. 52 as follows: States prior to publication of the rule in Signing Statement PART 52—APPROVAL AND the Federal Register. A major rule PROMULGATION OF cannot take effect until 60 days after it This document of the Environmental IMPLEMENTATION PLANS is published in the Federal Register. Protection Agency was signed on This action is not a ‘‘major rule’’ as January 4, 2021, by Mary Walker, ■ 1. The authority citation for part 52 defined by 5 U.S.C. 804(2). Regional Administrator, pursuant to the continues to read as follows: Under section 307(b)(1) of the CAA, Statutory Deadline of the Clean Air Act. petitions for judicial review of this Authority: 42 U.S.C. 7401 et seq. That document with the original action must be filed in the United States signature and date is maintained by Subpart RR—Tennessee Court of Appeals for the appropriate EPA. For administrative purposes only, circuit by April 30, 2021. Filing a ■ and in compliance with requirements of 2. In § 52.2220 amend the table in petition for reconsideration by the paragraph (e) by adding, at the end of the Office of the Federal Register, the Administrator of this final rule does not the table, entries for ‘‘2010 1-Hour SO undersigned EPA Official re-signs the 2 affect the finality of this action for the Emissions Inventory for the Sullivan document for publication, as an official purposes of judicial review nor does it County Area’’ and ‘‘2010 1-Hour extend the time within which a petition document of the Environmental Nonattainment New Source Review for judicial review may be filed, and Protection Agency. This administrative Plan for the Sullivan County Area’’ to shall not postpone the effectiveness of process in no way alters the legal effect read as follows: such rule or action. This action may not of this document upon publication in be challenged later in proceedings to the Federal Register. § 52.2220 Identification of plan. enforce its requirements. See section * * * * * 307(b)(2). (e) * * *

EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS

State EPA Name of non-regulatory SIP Applicable geographic or effective approval Explanation provision nonattainment area date date

******* 2010 1-Hour SO2 Emissions Sullivan County ...... 5/10/2017 3/1/2021, [Insert citation of Addressing the base-year Inventory for the Sullivan publication]. emissions inventory re- County Area. quirements of 172(c)(3). 2010 1-Hour SO2 Nonattain- Sullivan County ...... 5/10/2017 3/1/2021, [Insert citation of ment New Source Review publication]. Plan for the Sullivan County Area.

[FR Doc. 2021–04063 Filed 2–26–21; 8:45 am] submitted by the State of North Carolina disclosure is restricted by statute. BILLING CODE 6560–50–P through the North Carolina Department Certain other material, such as of Environmental Quality, Division of copyrighted material, is not placed on Air Quality (DAQ), on July 10, 2019. the internet and will be publicly ENVIRONMENTAL PROTECTION The SIP revision seeks to modify the available only in hard copy form. AGENCY State’s construction and operation Publicly available docket materials can permitting regulations by making minor 40 CFR Part 52 either be retrieved electronically via changes that do not significantly alter www.regulations.gov or in hard copy at the meaning of the regulations. EPA is [EPA–R04–OAR–2020–0186; FRL–10019– the Air Regulatory Management Section, 56–Region 4] approving this revision pursuant to the Air Planning and Implementation Clean Air Act (CAA or Act). Branch, Air and Radiation Division, Air Plan Approval; North Carolina; DATES: This rule is effective March 31, U.S. Environmental Protection Agency, Revisions to Construction and 2021. Region 4, 61 Forsyth Street SW, Atlanta, Operation Permits ADDRESSES: EPA has established a Georgia 30303–8960. EPA requests that AGENCY: Environmental Protection docket for this action under Docket if at all possible, you contact the person Agency (EPA). Identification No. EPA–R04–OAR– listed in the FOR FURTHER INFORMATION CONTACT section to schedule your ACTION: Final rule. 2020–0186. All documents in the docket are listed on the www.regulations.gov inspection. The Regional Office’s SUMMARY: The Environmental Protection website. Although listed in the index, official hours of business are Monday Agency (EPA) is taking final action to some information may not be publicly through Friday 8:30 a.m. to 4:30 p.m., approve a revision to the North Carolina available, i.e., Confidential Business excluding Federal holidays. State Implementation Plan (SIP) Information or other information whose

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FOR FURTHER INFORMATION CONTACT: 66296). The comment period for this regulations under 15A NCAC Pearlene Williams, Air Regulatory rulemaking closed on November 18, Subchapter 02Q, Section .0300, Management Section, Air Planning and 2020. No adverse comments were Construction and Operation Permits: Implementation Branch, Air and received. EPA finds that the changes do Section .0301, Applicability; Section Radiation Division, U.S. Environmental not interfere with any applicable .0303, Definitions; Section .0304, Protection Agency, Region 4, 61 Forsyth requirement concerning attainment and Applications; Section .0305, Street SW, Atlanta, Georgia 30303–8960. reasonable further progress, or any other Application Submittal Content; Section Ms. Williams can also be reached via applicable CAA requirement. .0307, Public Participation Procedures; phone at (404) 562–9144 or via EPA has determined that the changes Section .0308, Final Action on Permit electronic mail at williams.pearlene@ to the regulations above provide clarity Applications; Section .0309, epa.gov. to the applicability of permit Termination, Modification and exemptions, permit application and Revocation of Permits; Section .0310, SUPPLEMENTARY INFORMATION: processing procedures, and definitions. Permitting of Numerous Similar I. Background The changes are minor changes that do Facilities; Section .0311, Permitting of not significantly alter the meaning of the On July 10, 2019, the State of North Facilities at Multiple Temporary Sites; regulations. The changes to the SIP Carolina submitted changes to the North Section .0312, Application Processing satisfy CAA section 110(l) and do not Carolina SIP for EPA approval. EPA is Schedule; Section .0313, Expedited interfere with attainment and Application Processing Schedule; finalizing changes to the following maintenance of the national ambient air regulations under 15A North Carolina Section .0314, General Requirements for quality standards or any other All Permits; Section .0315, Synthetic Administrative Code (NCAC) applicable requirement of the Act. Subchapter 02Q,1 Section .0300, Minor Facilities; Section .0316, Therefore, EPA is approving the changes Administrative Permit Amendments; Construction and Operation Permits: to these regulations. Section .0301, Applicability; Section and Section .0317, Avoidance .0303, Definitions; Section .0304, III. Incorporation by Reference Conditions. EPA has concluded that Applications; Section .0305, these changes are consistent with the In this rule, EPA is finalizing CAA. Application Submittal Content; Section regulatory text that includes .0307, Public Participation Procedures; incorporation by reference. In V. Statutory and Executive Order Section .0308, Final Action on Permit accordance with requirements of 1 CFR Reviews Applications; Section .0309, 51.5, EPA is finalizing the incorporation Under the CAA, the Administrator is Termination, Modification and by reference of the following sections of required to approve a SIP submission Revocation of Permits; Section .0310, 15A NCAC Subchapter 2Q with a state- that complies with the provisions of the Permitting of Numerous Similar effective date of April 1, 2018: Section Act and applicable Federal regulations. Facilities; Section .0311, Permitting of .0301, Applicability; Section .0303, See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Facilities at Multiple Temporary Sites; Definitions; Section .0304, Applications; Thus, in reviewing SIP submissions, Section .0312, Application Processing Section .0305, Application Submittal EPA’s role is to approve state choices, Schedule; Section .0313, Expedited Content; Section .0307, Public provided that they meet the criteria of Application Processing Schedule; Participation Procedures; Section .0308, the CAA. This action merely approves Section .0314, General Requirements for Final Action on Permit Applications; state law as meeting Federal All Permits; Section .0315, Synthetic Section .0309, Termination, requirements and does not impose Minor Facilities; Section .0316, Modification and Revocation of Permits; additional requirements beyond those Administrative Permit Amendments; Section .0310, Permitting of Numerous imposed by state law. For that reason, and Section .0317, Avoidance Similar Facilities; Section .0311, this action: 2 Conditions. Permitting of Facilities at Multiple • Is not a significant regulatory action II. Analysis of North Carolina’s SIP Temporary Sites; Section .0312, subject to review by the Office of Revision Application Processing Schedule; Management and Budget under Section .0313, Expedited Application Executive Orders 12866 (58 FR 51735, The revision that is the subject of this Processing Schedule; Section .0314, October 4, 1993) and 13563 (76 FR 3821, final rulemaking makes changes to General Requirements for All Permits; January 21, 2011); construction and operating permitting Section .0315, Synthetic Minor • Does not impose an information regulations under Subchapter 2Q of the Facilities; Section .0316, Administrative collection burden under the provisions North Carolina SIP. These changes Permit Amendments; and Section .0317, of the Paperwork Reduction Act (44 revise the applicability of permit Avoidance Conditions. This finalization U.S.C. 3501 et seq.); exemptions, permit application and revises the applicability of permit • Is certified as not having a processing procedures, and revise exemptions, revises permit application significant economic impact on a related definitions. Details regarding the and processing procedures, and amends substantial number of small entities background for these changes may be definitions. EPA has made, and will under the Regulatory Flexibility Act (5 found in the proposed rulemaking that continue to make, these materials U.S.C. 601 et seq.); published October 19, 2020 (85 FR generally available through • Does not contain any unfunded www.regulations.gov and at the EPA mandate or significantly or uniquely 1 In the table of North Carolina regulations Region 4 office (please contact the affect small governments, as described federally approved into the SIP at 40 CFR 52.1770(c), 15A NCAC 02Q is referred to as person identified in the FOR FURTHER in the Unfunded Mandates Reform Act ‘‘Subchapter 2Q Air Quality Permits.’’ INFORMATION CONTACT section of this of 1995 (Pub. L. 104–4); 2 The State submitted the SIP revision following preamble for more information). • Does not have Federalism the readoption of several air regulations, including implications as specified in Executive .0301, .0303, .0304, .0305, .0307, .0308, .0309, IV. Final Action Order 13132 (64 FR 43255, August 10, .0310, .0311, .0312, .0313, .0314, .0315, .0316, and EPA is approving North Carolina’s 1999); .0317, pursuant to North Carolina’s 10-year • regulatory readoption process at North Carolina July 10, 2019, SIP revision, which Is not an economically significant General Statute 150B–21.3A. contains changes to the following regulatory action based on health or

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safety risks subject to Executive Order States prior to publication of the rule in the Office of the Federal Register, the 13045 (62 FR 19885, April 23, 1997); the Federal Register. A major rule undersigned EPA Official re-signs the • Is not a significant regulatory action cannot take effect until 60 days after it document for publication, as an official subject to Executive Order 13211 (66 FR is published in the Federal Register. document of the Environmental 28355, May 22, 2001); This action is not a ‘‘major rule’’ as Protection Agency. This administrative • Is not subject to requirements of defined by 5 U.S.C. 804(2). process in no way alters the legal effect section 12(d) of the National Under section 307(b)(1) of the CAA, of this document upon publication in Technology Transfer and Advancement petitions for judicial review of this the Federal Register. Act of 1995 (15 U.S.C. 272 note) because action must be filed in the United States Dated: February 23, 2021. application of those requirements would Court of Appeals for the appropriate John Blevins, be inconsistent with the CAA; and circuit by April 30, 2021. Filing a • Does not provide EPA with the petition for reconsideration by the Acting Regional Administrator, Region 4. discretionary authority to address, as Administrator of this final rule does not For the reasons stated in the appropriate, disproportionate human affect the finality of this action for the preamble, the EPA amends 40 CFR part health or environmental effects, using purposes of judicial review nor does it 52 as follows: practicable and legally permissible extend the time within which a petition methods, under Executive Order 12898 for judicial review may be filed, and PART 52—APPROVAL AND (59 FR 7629, February 16, 1994). shall not postpone the effectiveness of PROMULGATION OF The SIP is not approved to apply on such rule or action. This action may not IMPLEMENTATION PLANS any Indian reservation land or in any be challenged later in proceedings to other area where EPA or an Indian tribe enforce its requirements. See section ■ 1. The authority citation for part 52 has demonstrated that a tribe has 307(b)(2). continues to read as follows: jurisdiction. In those areas of Indian Authority: 42 U.S.C. 7401 et seq. country, the rule does not have tribal List of Subjects in 40 CFR Part 52 implications as specified by Executive Environmental protection, Air Subpart II—North Carolina Order 13175 (65 FR 67249, November 9, pollution control, Carbon monoxide, 2000), nor will it impose substantial Incorporation by reference, ■ 2. In 52.1770 amend table 1 in direct costs on tribal governments or Intergovernmental relations, Lead, paragraph (c) under Subchapter 02Q Air preempt tribal law. Nitrogen dioxide, Ozone, Particulate Quality Permits under Section .0300, The Congressional Review Act, 5 matter, Reporting and recordkeeping Construction and Operation Permits by U.S.C. 801 et seq., as added by the Small requirements, Sulfur oxides, Volatile revising the entries for ‘‘Section .0301’’, Business Regulatory Enforcement organic compounds. ‘‘Section .0303’’, ‘‘Section .0304’’, Fairness Act of 1996, generally provides ‘‘Section .0305’’, ‘‘Section .0307’’, Signing Statement that before a rule may take effect, the ‘‘Section .0308’’, ‘‘Section .0309’’, agency promulgating the rule must This document of the Environmental ‘‘Section .0310’’, ‘‘Section .0311’’, submit a rule report, which includes a Protection Agency was signed on ‘‘Section .0312’’, ‘‘Section .0313’’, copy of the rule, to each House of the January 7, 2021, by Mary Walker, ‘‘Section .0314’’, ‘‘Section .0315’’, Congress and to the Comptroller General Regional Administrator, pursuant to the ‘‘Section .0316’’, and ‘‘Section .0317’’ to of the United States. EPA will submit a Statutory Deadline of the Clean Air Act. read as follows: report containing this action and other That document with the original required information to the U.S. Senate, signature and date is maintained by § 52.1770 Identification of plan. the U.S. House of Representatives, and EPA. For administrative purposes only, * * * * * the Comptroller General of the United and in compliance with requirements of (c) * * *

(1) EPA APPROVED NORTH CAROLINA REGULATIONS

State State citation Title/subject effective EPA approval date Explanation date

*******

Subchapter 2Q Air Quality Permits Section .0300 Construction and Operating Permits

Section .0301 ...... Applicability ...... 4/1/2018 3/1/2021, [Insert citation of publication]. Section .0303 ...... Definitions ...... 4/1/2018 3/1/2021, [Insert citation of publication]. Section .0304 ...... Applications ...... 4/1/2018 3/1/2021, [Insert citation of publication]. Section .0305 ...... Application Submittal Content ...... 4/1/2018 3/1/2021, [Insert citation of publication].

******* Section .0307 ...... Public Participation Procedures ..... 4/1/2018 3/1/2021, [Insert citation of publication]. Section .0308 ...... Final Action on Permit Applications 4/1/2018 3/1/2021, [Insert citation of publication].

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(1) EPA APPROVED NORTH CAROLINA REGULATIONS—Continued

State State citation Title/subject effective EPA approval date Explanation date

Section .0309 ...... Termination, Modification and Rev- 4/1/2018 3/1/2021, [Insert citation of publica- ocation of Permits. tion]. Section .0310...... Permitting of Numerous Similar 4/1/2018 3/1/2021, [Insert citation of publica- Facilities. tion]. Section .0311 ...... Permitting of Facilities at Multiple 4/1/2018 3/1/2021, [Insert citation of publica- Temporary Sites. tion]. Section .0312 ...... Application Processing Schedule .. 4/1/2018 3/1/2021, [Insert citation of publication]. Section .0313...... Expedited Application Processing 4/1/2018 3/1/2021, [Insert citation of publica- Schedule. tion]. Section .0314 ...... General Permitting for All Require- 4/1/2018 3/1/2021, [Insert citation of publica- ments. tion]. Section .0315 ...... Synthetic Minor Facilities ...... 4/1/2018 3/1/2021, [Insert citation of publication]. Section .0316 ...... Administrative Permit Amendments 4/1/2018 3/1/2021, [Insert citation of publication]. Section .0317 ...... Avoidance Conditions ...... 4/1/2018 3/1/2021, [Insert citation of publication].

*******

* * * * * some information is not publicly to 15A North Carolina Administrative [FR Doc. 2021–04066 Filed 2–26–21; 8:45 am] available, i.e., Confidential Business Code (NCAC) Subchapter 02Q, Section BILLING CODE 6560–50–P Information or other information whose .0306, Permits Requiring Public disclosure is restricted by statute. Participation.1 The July 10, 2019, SIP Certain other material, such as revision changes to Section .0306 add ENVIRONMENTAL PROTECTION copyrighted material, is not placed on two types of permits subject to public AGENCY the internet and will be publicly participation and makes several minor available only in hard copy form. edits, including the removal of obsolete 40 CFR Part 52 Publicly available docket materials can regulatory references.2 The permits [EPA–R04–OAR–2020–0344; FRL–10018– either be retrieved electronically listed in Section .0306 must undergo 03–Region 4] through www.regulations.gov or in hard public notice for comments with the copy at the Air Regulatory Management opportunity for the public to request a Air Plan Approval; North Carolina: Section, Air Planning and public hearing. Pursuant to Section Permits Requiring Public Participation Implementation Branch, Air and .0307(d), Public Participation Procedures, the public comment period AGENCY: Environmental Protection Radiation Division, U.S. Environmental for these permits must last for at least Agency (EPA). Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303–8960. 30 days. ACTION: Final rule. EPA requests that if at all possible, you EPA is approving the two additions to the list of permits requiring public SUMMARY: The Environmental Protection contact the person listed in the FOR Agency (EPA) is approving a State FURTHER INFORMATION CONTACT section to participation pursuant to CAA section Implementation Plan (SIP) revision schedule your inspection. The Regional 110 as a SIP-strengthening measure and submitted by the State of North Office’s official hours of business are 40 CFR 51.161. EPA is approving the Carolina, through the North Carolina Monday through Friday 8:30 a.m. to remaining changes to Section .0306 because they are minor edits that do not Department of Environmental Quality 4:30 p.m., excluding Federal holidays. interfere with attainment and (NCDEQ), Division of Air Quality, on FOR FURTHER INFORMATION CONTACT: D. maintenance of the national ambient air July 10, 2019. This SIP revision seeks to Brad Akers, Air Regulatory Management modify the State’s permitting program Section, Air Planning and 1 The State submitted the SIP revision following public participation procedures by Implementation Branch, Air and the readoption of several air regulations, including adding two types of minor source Radiation Division, U.S. Environmental .0306, pursuant to North Carolina’s 10-year permits to the list of permits that must Protection Agency, Region 4, 61 Forsyth regulatory readoption process at North Carolina General Statute 150B–21.3A. undergo public participation and by Street SW, Atlanta, Georgia 30303–8960. 2 North Carolina’s April 1, 2018, rule revision also making minor edits. EPA is approving Mr. Akers can be reached via electronic removed paragraph (b) from the state-effective this revision pursuant to the Clean Air mail at [email protected] or via version of the rule. This paragraph required a 30- Act (CAA or Act). telephone at (404) 562–9089. day public notice period for permits that placed a physical or operational limitation on a facility to DATES: This rule is effective March 31, SUPPLEMENTARY INFORMATION: avoid title V requirements under 15 NCAC 02Q 2021. 0500. Furthermore, the revised rule renumbered I. Background paragraph (c) of the state-effective version of the ADDRESSES: EPA has established a rule to paragraph (b). However, these changes are docket for this action under Docket EPA is approving changes to the not before EPA for action because (1) the version Identification No. EPA–R04–OAR– North Carolina SIP that were provided of paragraph (b) that the State removed in the April 2020–0344. All documents in the docket to EPA through NCDEQ via a letter 1, 2018, rule revision is not in the SIP, and (2) the version of paragraph (b) in the SIP is identical to are listed on the www.regulations.gov dated July 10, 2019. EPA is approving the version of paragraph (b) in the April 1, 2018, website. Although listed in the index, this SIP revision which makes changes rule. See 67 FR 64990 (October 22, 2002).

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quality standards or any other the CAA. This action merely approves Congress and to the Comptroller General applicable requirement of the Act. See state law as meeting Federal of the United States. EPA will submit a EPA’s October 14, 2020 (85 FR 65013), requirements and does not impose report containing this action and other notice of proposed rulemaking (NPRM) additional requirements beyond those required information to the U.S. Senate, for further detail on these changes and imposed by state law. For that reason, the U.S. House of Representatives, and EPA’s rationale for approving them. this action: the Comptroller General of the United • EPA did not receive any adverse public Is not a significant regulatory action States prior to publication of the rule in comments on the October 14, 2020, subject to review by the Office of the Federal Register. A major rule 3 NPRM. Management and Budget under cannot take effect until 60 days after it Executive Orders 12866 (58 FR 51735, II. Incorporation by Reference is published in the Federal Register. October 4, 1993) and 13563 (76 FR 3821, This action is not a ‘‘major rule’’ as In this document, EPA is finalizing January 21, 2011); regulatory text that includes • Does not impose an information defined by 5 U.S.C. 804(2). incorporation by reference. In collection burden under the provisions Under section 307(b)(1) of the CAA, accordance with requirements of 1 CFR of the Paperwork Reduction Act (44 petitions for judicial review of this 51.5, EPA is finalizing the incorporation U.S.C. 3501 et seq.); action must be filed in the United States by reference of 15A NCAC Subchapter • Is certified as not having a Court of Appeals for the appropriate 02Q, Section .0306, Permits Requiring significant economic impact on a circuit by April 30, 2021. Filing a Public Participation, state effective substantial number of small entities petition for reconsideration by the April 1, 2018, which expands the types under the Regulatory Flexibility Act (5 Administrator of this final rule does not of permits which require public U.S.C. 601 et seq.); affect the finality of this action for the participation and makes minor edits to • Does not contain any unfunded purposes of judicial review nor does it the rule. EPA has made, and will mandate or significantly or uniquely extend the time within which a petition continue to make, these materials affect small governments, as described for judicial review may be filed, and generally available through in the Unfunded Mandates Reform Act shall not postpone the effectiveness of www.regulations.gov and at the EPA of 1995 (Pub. L. 104–4); Region 4 Office (please contact the • Does not have Federalism such rule or action. This action may not person identified in the FOR FURTHER implications as specified in Executive be challenged later in proceedings to INFORMATION CONTACT section of this Order 13132 (64 FR 43255, August 10, enforce its requirements. See section preamble for more information). 1999); 307(b)(2). • Therefore, these materials have been Is not an economically significant List of Subjects in 40 CFR Part 52 approved by EPA for inclusion in the regulatory action based on health or SIP, have been incorporated by safety risks subject to Executive Order Environmental protection, Air reference by EPA into that plan, are 13045 (62 FR 19885, April 23, 1997); pollution control, Carbon monoxide, • fully federally enforceable under Is not a significant regulatory action Incorporation by reference, sections 110 and 113 of the CAA as of subject to Executive Order 13211 (66 FR Intergovernmental relations, Lead, the effective date of the final rulemaking 28355, May 22, 2001); Nitrogen dioxide, Ozone, Particulate • Is not subject to requirements of of EPA’s approval, and will be matter, Reporting and recordkeeping incorporated by reference in the next Section 12(d) of the National requirements, Sulfur oxides, Volatile update to the SIP compilation.4 Technology Transfer and Advancement organic compounds. Act of 1995 (15 U.S.C. 272 note) because III. Final Action application of those requirements would Signing Statement EPA is approving changes to the be inconsistent with the CAA; and North Carolina SIP included in a July • Does not provide EPA with the This document of the Environmental 10, 2019, submittal. Specifically, EPA is discretionary authority to address, as Protection Agency was signed on approving changes to 15A NCAC 02Q appropriate, disproportionate human December 14, 2020, by Mary Walker, .0306, Permits Requiring Public health or environmental effects, using Regional Administrator, pursuant to the Participation, that add two types of practicable and legally permissible Statutory Deadline of the Clean Air Act. permits to the list of permits that must methods, under Executive Order 12898 That document with the original undergo public participation and make (59 FR 7629, February 16, 1994). signature and date is maintained by minor edits, including the removal of The SIP is not approved to apply on EPA. For administrative purposes only, obsolete regulatory references. EPA is any Indian reservation land or in any and in compliance with requirements of approving these changes for the reasons other area where EPA or an Indian tribe the Office of the Federal Register, the described above. has demonstrated that a tribe has undersigned EPA Official re-signs the IV. Statutory and Executive Order jurisdiction. In those areas of Indian document for publication, as an official country, the rule does not have tribal Reviews document of the Environmental implications as specified by Executive Protection Agency. This administrative Under the CAA, the Administrator is Order 13175 (65 FR 67249, November 9, process in no way alters the legal effect required to approve a SIP submission 2000), nor will it impose substantial that complies with the provisions of the direct costs on tribal governments or of this document upon publication in Act and applicable Federal regulations. preempt tribal law. the Federal Register. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). The Congressional Review Act, 5 Dated: February 23, 2021. Thus, in reviewing SIP submissions, U.S.C. 801 et seq., as added by the Small John Blevins, EPA’s role is to approve state choices, Business Regulatory Enforcement Acting Regional Administrator, Region 4. provided that they meet the criteria of Fairness Act of 1996, generally provides that before a rule may take effect, the For the reasons stated in the 3 EPA received one comment in support of the proposed action, which is available in the docket agency promulgating the rule must preamble, the EPA amends 40 CFR part for this action. submit a rule report, which includes a 52 as follows: 4 See 62 FR 27968 (May 22, 1997). copy of the rule, to each House of the

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PART 52—APPROVAL AND Authority: 42 U.S.C. 7401 et seq. Air Quality Permits’’, under ‘‘Section PROMULGATION OF .0300 Construction and Operating Subpart II—North Carolina IMPLEMENTATION PLANS Permits’’ to read as follows: ■ 2. In 52.1770, amend the table in § 52.1770 Identification of plan. ■ 1. The authority citation for part 52 paragraph (c)(1) by revising the entry for * * * * * continues to read as follows: ‘‘Section .0306’’ under ‘‘Subchapter 2Q (c) * * *

(1) EPA APPROVED NORTH CAROLINA REGULATIONS

State State citation Title/subject effective date EPA approval date Explanation

*******

Subchapter 2Q Air Quality Permits

*******

Section .0300 Construction and Operating Permits

******* Section .0306 ...... Permits Requiring Public Participation ...... 4/1/2018 3/1/2021, [Insert citation of publication].

*******

* * * * * Williams, [email protected], 202– burdens, simplify the Commission’s [FR Doc. 2021–04064 Filed 2–26–21; 8:45 am] 418–2918. licensing of satellite systems, and BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION: This is a provide additional operational summary of the Commission’s Report flexibility. and Order, FCC 20–159, adopted A. Unified License for Space Station FEDERAL COMMUNICATIONS November 18, 2020, and released and Blanket-Licensed Earth Station COMMISSION November 19, 2020. The full text of the Operations Report and Order is available at https:// 47 CFR Part 25 docs.fcc.gov/public/attachments/FCC- On January 31, 2019, the Commission proposed at 84 FR 638 a simple [IB Docket No. 18–314; FCC 20–159; FRS 20-159A1.pdf. To request materials in 17350] accessible formats for people with framework for an optional unified disabilities, send an email to FCC504@ license. The unified license would Further Streamlining FCC Rules fcc.gov or call the Consumer & authorize operations of the satellite Governing Satellite Services Governmental Affairs Bureau at 202– network, i.e., the space station and the 418–0530 (voice), 202–418–0432 (TTY). earth stations operating with that space AGENCY: Federal Communications station. The unified license would be Commission. Congressional Review Act held by the satellite operator. To receive ACTION: Final rule. The Commission has determined, and a unified license, the satellite operator the Administrator of the Office of would have to file an application with SUMMARY: In this document, the Federal Information and Regulatory Affairs, the normally required space station Communications Commission Office of Management and Budget, application information, plus certain (Commission or we) streamlines its concurs that this rule is ‘‘non-major’’ certifications and information regarding rules governing satellite services by under the Congressional Review Act, 5 earth station operations. It would not creating an optional framework for the U.S.C. 804(2). The Commission will have to provide a Form 312 Schedule B authorization of blanket-licensed earth send a copy of this Second Report and or the detailed earth station information stations and space stations in a satellite Order to Congress and the Government that would otherwise be required, but system through a unified license. The Accountability Office pursuant to 5 which is rendered duplicative or Commission also aligns the build-out U.S.C. 801(a)(1)(A). unnecessary by what was already requirements for earth stations and submitted for the space station. space stations and eliminates Synopsis Accordingly, the unified license would unnecessary reporting rules. In this Report and Order, the offer a more efficient means to authorize DATES: Effective March 31, 2021, except Commission streamlines its rules the earth stations in a satellite network, instruction 6 adding 47 CFR 25.136(h) governing satellite services by creating and one that better reflects the which is delayed. The Commission will an optional framework for authorizing flexibility satellite operators exercise publish a document in the Federal both the blanket-licensed earth stations over the parameters of their satellite Register announcing the effective date and space stations of a satellite system networks. of 47 CFR 25.136(h). through a unified license. We also align Scope. After review of the information FOR FURTHER INFORMATION CONTACT: Clay the build-out requirements for earth submitted in the record, we conclude DeCell, [email protected], 202–418– stations and space stations and that the streamlining benefits of a 0803, or if concerning the information eliminate unnecessary reporting rules. unified authorization could apply to a collections in this document, Cathy These changes will reduce regulatory variety of satellite and earth station

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licensees, and that we need not limit its to comply with any revised out-of-band satellite orbit) NGSO space stations. application initially to certain emissions requirement adopted in that Whether a satellite operator chooses to regulatory frameworks. Accordingly, we rulemaking. include such earth station authority or will broadly make available a unified We similarly do not believe that we not, the space station authority will licensing option to all types of satellite should increase burdens on blanket- remain as it is today. The earth station and blanket-licensed earth station licensed earth station deployment authorization may include some or all of operations in the frequency bands listed pursued through a unified license, as the frequency bands authorized for the below, including Earth Station in opposed to through existing blanket- associated space station(s). Motion (ESIM) operations in these licensing options, by requiring In response to a request for bands. We will also permit non-U.S.- registration or notification of the clarification, we affirm that requests for licensed satellite operators to receive a ubiquitously deployed stations. Any modification or renewal, special single grant with U.S. market access and such information-gathering for blanket- temporary authority, and application blanket-licensed earth station operating licensed earth station operations, if amendments related to space station authority. As proposed, the unified appropriate, would be more efficiently operations, earth station operations, or license will be held by the satellite pursued with regard to specific both, can be made in the narrative operator, including authority for the rulemakings and frequency bands. portion of an application in the unified blanket-licensed earth stations. We Regarding the information omitted from license file. While a unified license make the unified licensing framework a unified license application because it contains authority for both space station available to operators in the following is duplicative or unnecessary, we note and earth station operations, we frequency bands: that the application will constitute a consider such a license to be an complete proposal for the satellite extension of the satellite licensing Non-Voice, Non-Geostationary Mobile- Satellite Service (MSS): 137–138 MHz, 148– system, including the blanket-licensed process, to be held by the satellite 150.05 MHz, 399.9–400.05 MHz, and 400.15– earth station operations. If, after review operator and applied for in the 401 MHz; of the complete application, a party has International Bureau Filing System 1.5/1.6 GHz MSS: 1525–1559 MHz and outstanding technical concerns, it may (IBFS) using the general satellite 1626.5–1660.5 MHz; address them during the comment licensing procedures. Accordingly, for 1.6/2.4 GHz MSS: 1610–1626.5 MHz and period. any renewal applications, we will apply 2483.5–2500 MHz; In addition, we do not believe that the the deadlines and procedures for 2 GHz MSS: 2000–2020 MHz and 2180– earth station technical showings renewal of the space station authority to 2200 MHz; GSO FSS: 10.7–12.2 GHz, 14–14.5 GHz, currently required by 47 CFR the entire unified license, and not 18.3–18.8 GHz, 19.7–20.2 GHz, 28.35–28.6 25.115(g)(1) and 25.132 are necessary consider any potentially conflicting GHz, 29.25–30 GHz, 40–42 GHz, and 48.2– for terrestrial operators to review and requirements for renewal of the earth 50.2 GHz; should not be replaced with a station authority. In addition, since NGSO FSS: 10.7–12.7 GHz, 14–14.5 GHz, certification requirement. These there are no Commission licenses for 17.8–18.6 GHz, 18.8–19.4 GHz, 19.6–20.2 showings are intended to confirm multiple GSO-satellite systems, if a GSO GHz, 28.35–29.1 GHz, 29.5–30 GHz, 40–42 compliance with two-degree spacing satellite under a unified license became GHz, and 48.2–50.2 GHz; and limits for GSO FSS satellites. Given that inoperable at the assigned orbital GSO and NGSO MSS: 19.7–20.2 GHz and 29.5–30 GHz. satellite operators are currently allowed location (e.g., due to an in-orbit failure to certify compliance with two-degree or end-of-life deorbiting), the unified As stated in the proposed rule, we spacing limits instead of providing license would cease, including all earth will exclude from unified licensing any technical showings, and the experience station authority to communicate with fixed-satellite service (FSS) operations of satellite commenters that such that satellite. The earth stations that under 10 GHz in light of ongoing technical demonstrations are formerly operated with that retired Commission rulemakings and the unnecessary to confirm the earth satellite could operate under a separate unique, transitional status of some FSS station’s compliance with two-degree unified license authorizing operations in these bands. In addition, limits, we do not believe that the burden communication with a replacement we will allow only blanket-licensed of providing these demonstrations is satellite, under a unified license for a earth station operations to be included justified by their purpose. In any event, non-replacement satellite, or under a in a unified license. Thus, unified adjacent-band terrestrial operators will separate earth station license. Only the licensing will not be available in any have an opportunity to comment on any earth stations’ authority to operate with frequency band shared with UMFUS. unified license application including the retired satellite would cease. For an But in bands adjacent to UMFUS ESIM or other blanket-licensed earth NGSO system license, which is typically operations, FSS operations are station authority, and they may request a type of blanket license for space authorized on a blanket-licensed basis additional information regarding the stations, the loss of a single space today without any coordination with earth station operations. If an UMFUS station would not usually terminate the UMFUS. We reject any suggestion to operator experienced interference due to license. revisit blanket FSS licensing in such adjacent-band operations of a unified We also direct the International bands. Similarly, we find no basis in the licensee, it could address its concerns to Bureau to consider and release, as record to exclude from eligibility ESIM the licensee directly or to the appropriate, further guidance regarding operations in the 28.35–28.6 GHz band Commission. the implementation of a unified adjacent to the 27.5–28.35 GHz band The unified license will not be a licensing framework in an explanatory shared with UMFUS. The issue of out- separate license that a satellite operator public notice consistent with the intent of-band emissions from ESIMs operating has to obtain in addition to its existing of this rulemaking to simplify and in the 28.35–28.6 GHz band is currently satellite license. Rather, it will streamline, to the maximum extent being explored in a separate rulemaking constitute a space station license that practicable, the authorization of space and is not affected by the licensing also includes authority for the operation stations and earth stations through a posture of an ESIM in a separate earth of earth stations with that particular unified license. We decline to postpone station authorization or a unified geostationary-satellite orbit (GSO) space the effectiveness of the unified license license. In either case, ESIMs will have station or those (non-geostationary framework until after an explanatory

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public notice is released as we expect adding such earth stations to a unified staff on a case-by-case basis initially, that the practical experience the license would create more complexity given that, at the urging of commenters, International Bureau would gain in than its streamlining benefit. Whether we are making the unified license implementing the new framework will included in a unified license or not, a option widely available across several prove valuable and important in separate earth station filing would be different services and types of developing further guidance. required to provide the necessary site- operation, each with distinct earth Non-U.S.-Licensed Satellites. We will specific information. Further, under the station and space station information allow non-U.S.-licensed satellite earth station certification proposal we requirements. The goal of this review operators to obtain market access adopt below, an earth station license will be to streamline, as far as possible through a unified authorization. applicant could similarly take advantage within current rules, the earth station Structurally, the unified authorization of the information provided in a information required. We also note that will consist of an earth station license corresponding space station application a unified license may be granted in the and a grant of market access for the to omit any data that is duplicative. absence of default power limits, based space station. This same formal Therefore, it could be that the filings for on the technical showings provided, licensing structure is possible today individually coordinated earth and that nothing about the unified when a satellite operator files its own stations—whether as part of a unified license would change the application of earth station license application and license or separately licensed using the section 25.140(d) to space stations seeks satellite market access through the certification procedure—would be authorized in, or outside of, a unified earth station application. In contrast similar in terms of the information license. with this current option, the unified provided, if not identical. At the same Control of Earth Stations. Terrestrial authorization may only be held by a time, creating a new category of earth operators may address questions or satellite operator, will exclude station filings would impose burdens on concerns to the satellite operator individually coordinated earth stations, Commission resources. Therefore, in directly, as holder of the unified license, and will be processed in IBFS using the light of the possible complication that or to the Commission. Today, many filing options and procedures available separate earth station filings would satellite licensees are already held to space station applications rather than bring to a unified license framework, responsible for compliance with earth earth station applications. and the potentially marginal reduction station power limits for their satellite Blanket-Licensed Earth Stations. in application burdens, we decline to networks. Further, it is common Including blanket-licensed earth adopt the proposal for individually practice in satellite service contracts for stations within a unified license would coordinated earth stations. the satellite operator to specify and streamline the authorization of these In short, unified licensing will not be require third party earth station earth stations without raising potential available in any frequency bands in operators to adhere to technical site-specific concerns, because the which blanket earth station licensing is parameters consistent with its license, Commission has already determined not permitted. In such bands, earth coordination agreements and the that such earth stations may be stations will continue to be licensed efficient technical use of its network. deployed ubiquitously, without other separately from space stations. We continue to believe that contractual operators knowing their precise Application Requirements. To add provisions are sufficient to hold the locations. The unified license will blanket-licensed earth station authority unified licensee as the responsible merely capture this existing authority in to a space station license or market entity. Therefore, we do not find any a different type of license, without access grant, the satellite operator basis in the record to modify our rules allowing any earth station operations would need to provide only the regarding the control of earth stations. that would be prohibited under the additional information required in an Fees. As an initial matter, we note that existing method of a blanket earth equivalent earth station application, but there is an ongoing, comprehensive station license. Therefore, no other which is not already covered by what Commission rulemaking involving services will be affected by permitting was filed for the space station. This updates and additions to the application such operations under a blanket license. includes, for example, any certification fee schedules. The interim fee decisions Accordingly, we will allow any type of under 47 CFR 25.115(i) that the use of taken in this Report and Order will be earth station operation eligible for a contention protocol in an earth station considered in the larger application fee blanket licensing to be included in a network will be reasonable, because that rulemaking, and may change unified license. certification is not covered by the significantly based on the analyses Individually Coordinated Earth information provided in a space station conducted there. In adopting a unified Stations. Although the Commission license application. Submission of an license framework, however, we must proposed to include in the unified earth station Form 312 Schedule B determine an initial treatment with license conditional authority for earth would not be required. As stated in the respect to our application-fee stations that must be individually proposed rule, in applications where the requirements. coordinated and are not eligible for satellite operator certified compliance A unified license application will blanket licensing, we decline to adopt with the two-degree spacing power contain all the information necessary to this proposal. For one, we find that limits under 47 CFR 25.140(a)(3)(i)–(iv), assess the proposed operation of the many of the benefits of such a proposal for example, the applicant would not space station(s) and blanket-licensed (such as linking the deployment of those need to provide any additional earth stations in the satellite system, earth stations to the deployment of the information on earth station antenna consistent with our rules. Commission associated satellite, and thereby performance or verified performance staff will review both the space and allowing the satellite operator to secure currently required by 47 CFR ground components of the satellite its gateway earth station locations 25.115(g)(1) or 25.132 because the system, and commenters may raise several years earlier than the current certification already attests to issues regarding either component to be licensing process) are better addressed compliance with the power limits resolved in the licensing decision. more directly (for example, by involved in those additional showings. Because we anticipate that processing a modifying earth station build out Further instances of redundancy will unified license application will involve requirements). For another, we find that necessarily be reviewed by Commission similar Commission resources to the

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processing of individual space station way as earth stations authorized through are excluding FSS bands below 10 GHz applications and earth station a unified license held by the satellite and bands shared with UMFUS, and applications making use of the new operator, while remaining responsible that the vast majority of earth station certification option we adopt below, we for compliance with its certification. applications are non-controversial and will assess a fee for unified license We believe that there is no general unopposed, such a requirement would applications that is equal to the need for GSO FSS earth station lessen the streamlining benefits of the combined fees of the relevant space applicants to submit technical certification option without providing a station license application and earth information that is duplicative (or compensating benefit. As under the station blanket-license application. This unnecessary) due to the information unified license approach above, parties treatment is intended to provide a already provided for the satellite with may raise questions on specific simple, clear solution until the which they will communicate. applications during the comment comprehensive Commission application Furthermore, and consistent with our period. Finally, we believe that fee rulemaking is completed. Because decision above to expand the guidance the International Bureau may there are currently no fee codes in IBFS streamlining benefits of the unified provide on the new earth station for such combined fees, unified license license to additional services and types certifications, like on the unified license applicants will need to pay the of operation, we see no general need to applications, would benefit from application fee manually. require such duplicative or unnecessary practical experience implementing the In the case of a non-U.S.-licensed information for any earth station in any rules. We therefore decline to delay the space station operator seeking a U.S. service when an appropriate effectiveness of the new rule. earth station license in combination certification of compliance with the with its petition for market access, we satellite authorization is made. C. Earth Station Build-Out will—for now—assess the earth station With respect to the frequency bands Requirements application fee schedule to such to which this option will apply, we take In the proposed rule, the Commission requests. This provides equal treatment an approach consistent with our identified a regulatory disconnect with the similar, existing procedure of decisions above regarding the unified between the five-year deployment market access through an earth station license framework. Consistent treatment requirement for a GSO space station application. However, we note the is appropriate because the same types of authorized in frequency bands subject to inconsistency and potential unfairness duplicative or unnecessary information 47 CFR 25.136 and the one-year of assessing substantially lower fees to may be omitted either through an earth deployment requirement for earth such market access requests than to U.S. station certification of compliance with stations communicating with such a licensees, and intend to fully consider the relevant satellite authorization or satellite. The Commission proposed to this and all application fee matters in through a unified license application. align these build-out requirements. As the rulemaking dedicated to revising the Accordingly, we will exclude from the proposed, an earth station authorized Commission’s application fees broadly. earth station certification option FSS through 47 CFR 25.136 would have a In addition to application fees, the operations under 10 GHz and operations build-out term defined as either the date Commission also charges annual subject to 47 CFR 25.136. We will the associated satellite becomes regulatory fees. These fees are based on include ESIM operations in the 28.35– operational or one year, whichever is licenses held at the end of the relevant 28.6 GHz band because doing so will longer. fiscal year. The Commission recently have no impact on the applicable out- Scope. Considering the benefits of concluded its fiscal year 2019 regulatory of-band emissions limits that affect streamlining, regulatory certainty, and fee rulemaking, and sought comment on UMFUS operations in the adjacent 27.5– parity among different types of earth additional changes for future years. We 28.35 GHz band. station licensees, we expand on the note that the fiscal year 2019 report and Therefore, to conserve applicant and build-out term proposal in the proposed order for the first time assessed the same Commission resources while ensuring rule for earth stations licensed under 47 regulatory fees against non-U.S.- the necessary information remains on CFR 25.136 to include all blanket- licensed satellite operators granted U.S. file with the Commission, we conclude licensed earth station operations eligible market access as the Commission it will serve the public interest to adopt to be included in a unified license (i.e., assesses to satellite operators holding a a general provision for earth station other than FSS below 10 GHz), and Commission space station license. We licensing that an earth station applicant further to allow the same treatment for defer to a future regulatory fee certifying that it will comply with the blanket earth station licenses and proceeding the question of how to applicable terms and conditions of any individual earth station licenses, which assess such fees to the new category of space station’s authorization with which are not part of a unified license, with unified licenses. it communicates need not provide the same exception for FSS below 10 technical demonstrations or other GHz where new earth station B. Earth Station Certifications information made duplicative or deployments have been significantly As an alternative or addition to the unnecessary by the certification, with limited pursuant to the Commission’s unified license proposal in the proposed the exceptions just noted. This decisions to significantly increase rule, the Commission also asked necessarily applies to many frequency development of terrestrial services in whether it should permit applicants for bands because the requirement to some of these bands. Although we GSO FSS earth station licenses to submit technical data in Schedule B, excluded from the unified licensing submit certifications of compliance with specifically identified as a source of option earth station operations that the terms and conditions of the potentially unnecessary information in must be individually coordinated, these communicating space station network as the proposed rule, is applicable by operations will benefit the most from a substitute for filing the technical default to all applications for extended build-out periods to ensure information required by Form 312, transmitting earth stations. that the necessary siting locations Schedule B. Such certifications would Applicants taking advantage of the remain available once the satellite is allow independent earth station certification option need not identify ultimately launched. operators to benefit from streamlined the information that is duplicative or Bands Shared with UMFUS. Applying information requirements in a similar unnecessary at this time. Given that we an extended build-out period to earth

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station licenses subject to 47 CFR 25.136 with the UMFUS licensees within one Nonetheless, we intend to closely will provide greater regulatory certainty year before actually operating the earth follow this issue in the future and to to satellite operators planning newer- station. Such re-coordination should pursue measures, including possible generation GSO or NGSO satellites with account for changes to the earth station earth stations bonds, based on further narrow spot-beams and therefore more equipment or configuration in the experience. In particular, we do not limited earth station siting options. We intervening years, as well as to expect many cases in which a single do not believe that doing so will geographic and demographic changes in operator files, under 47 CFR 25.136, for fundamentally alter the sharing regime the surrounding area. In order to ensure more than one earth station license with UMFUS or the rights of UMFUS that the required re-coordination has within a given county or PEA, or for an operators. However, we believe that the taken place, notice of the completed re- earth station that covers the maximum earth station coordination reached with coordination must be filed in IBFS prior permitted aggregate population within UMFUS licensees should be brought up to commencement of earth station the relevant UMFUS licensing area. to date once the earth station is actually operations. For earth stations that are Such filings may encourage further constructed and operating. This will constructed and brought into operation rulemaking on the issue of anti- ensure that the UMFUS licensees have within one year of licensing, as warehousing measures. While we defer accurate information on the earth currently required, such re-coordination the question of addressing warehousing station operations notwithstanding the will not be necessary. incentives until we develop more substantially longer earth station build- Build-out Period. We also experience with the implementation of out period we are allowing. Providing acknowledge that it may be difficult to extended earth-station build-out UMFUS licensees with the certainty of complete construction of all licensed periods, we will consider in addressing an updated coordination will earth stations and operate them on the the need for any such measures whether counterbalance the potential chilling of first day that the satellite is certified as to apply them to previously granted some UMFUS developments that might brought into operation, as proposed in earth station licenses with extended result from the extended earth station the proposed rule. In addition, the next build-out periods. build-out periods. As such, the re- generation of high-throughput satellites D. Annual Reporting Requirements for coordination requirement serves as an may deploy large numbers of gateway Satellite Operators important check on potential earth stations that are not all needed to In the proposed rule, the Commission warehousing. Requiring earth station operate upon the initial deployment of operators to simply notify changes to proposed to repeal the majority of the the satellite, given the likely period of satellite annual reporting requirements UMFUS licensees would instead place ramp-up in traffic over the satellite the burden of those changes, and the in 47 CFR 25.170 because the reports are system. To address the practical realities not regularly used by Commission staff. risk of non-deployment of the earth of potentially testing all earth stations in station, on UMFUS operators. We The Commission proposed to retain a satellite system in a single day, and to only the requirement for an annual decline to shift this risk onto UMFUS allow some flexibility during the initial operators, given that the one-year build- confirmation of the accuracy of the period of increase in satellite traffic, we contact information on file and to move out requirement provided underlying will extend the earth station support for the earth station siting rules this requirement to 47 CFR 25.171. We construction requirement to be six adopted in 47 CFR 25.136. We believe adopt the proposal in the proposed rule. months after the associated space that a re-coordination requirement for The majority of the annual reporting station is certified as brought into earth station licensees deploying in requirements in 47 CFR 25.170 have operation. UMFUS bands is a reasonable tradeoff proven unnecessary for the typical work for the added flexibility longer build-out Warehousing Concerns and a of Commission staff particular to period provide these licensees. Performance Bond. We note that satellite licenses. In contrast, failures in Nonetheless, we note that earth station individually licensed earth stations will internal communication or other issues applicants in shared UMFUS bands will operate in frequency bands already can cause updates in point of contact have several options. They may: (1) included in a space station license. The information not to be reported to the Construct and bring the earth station space station license requires posting of Commission in compliance with 47 CFR into operation within one year of an escalating $3 million bond for GSO 25.171. In these cases, including the up- licensing; (2) re-coordinate; or (3) networks or an escalating $5 million to-date contact information has proven deploy the earth station on an bond for NGSO systems. The bond is important to ensure such information unprotected basis. payable if the satellite system is not does not remain inaccurate indefinitely. We find no basis for treating NGSO deployed within the required We also update the cross-reference in 47 FSS earth stations differently than GSO milestones included in the license. This CFR 25.172(a)(1) to reflect this change. FSS or other earth stations included in existing bond requirement acts as a E. Out-of-Band Emissions the scope of our proposal. Moreover, the deterrent to satellite operators without a record is not fully developed for the firm intent to deploy their licensed In the proposed rule, the Commission Commission to decide whether it would systems in the particular frequency observed that the default out-of-band serve the public interest to establish a bands. Further, each individual earth emissions rule in 47 CFR 25.202(f) dates limit on the eligible number of NGSO station license application carries a from the 1970s, and that its wording has FSS earth stations or rely solely on the separate application fee. With these created confusion among some waiver process. We will consider the existing disincentives to warehousing, operators. The Commission proposed to need for a future rulemaking on the the scant record on a bond alternative, replace this rule with a requirement to issue of extended build-out periods after and the potential burdens associated comply with an international out-of- monitoring their implementation. with administering and enforcing a band emissions standard, ITU–R Accordingly, we will require earth bond for many individually licensed SM.1541–6, ‘‘Unwanted emissions in station operators that take advantage of earth stations that could communicate the out-of-band domain,’’ August 2015. the extended build-out period with a number of space stations, we However, given concerns expressed on associated with deployment of a decline to adopt an earth station bond the record regarding this proposal and communicating satellite to re-coordinate at this time. the importance of out-of-band-emission

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limits for the protection of adjacent notification. Namely, decreases in H. Additional Proposals in Comments services and the implementation of antenna height and any change that Commission band segmentation increases or decreases the earth station’s In addition to the proposals and decisions, we decline to modify 47 CFR power flux-density (PFD) contour. The questions in the proposed rule, some 25.202(f). We recognize that replacing PFD contour is an essential part of the additional proposals were made in the 47 CFR 25.202(f) with the limits initial application under 47 CFR 25.136 comments of this proceeding to contained in the ITU Recommendation in bands shared with UMFUS and any streamline other aspects of the would relax some out-of-band emission modification such as to antenna height, Commission’s satellite licensing rules. requirements immediately at the band power, orientation, etc. that changes the SES additionally reiterated one issue edge. The current record has not PFD contour will trigger the notification contained in its Petition for considered the specific impact of this requirement. We also clarify that the Reconsideration of a 2015 satellite relaxation on adjacent terrestrial addition of new transceiver and antenna streamlining order, which will be services. We are therefore not in a combinations to an existing blanket addressed in that rulemaking. We have position to conclude terrestrial services earth station license does not require reviewed these proposals and conclude would be unaffected, or that the prior Commission notification when that, while they are outside the scope of relaxation would otherwise serve the they meet the requirements currently the proposed rule, we may revisit some public interest. However, we may seek listed in 47 CFR 25.118(a)(4). of these proposals in the future. in the future to develop a full record on We do not believe that a change in this issue and reconsider adoption of an earth station antenna pattern under 47 Final Regulatory Flexibility Analysis internationally standardized, default CFR 25.118(a)(4)(i) will negatively As required by the Regulatory out-of-band emissions limit for satellite impact terrestrial operators because it services. Flexibility Act of 1980, as amended must not, in accordance with the rule, (RFA), an Initial Regulatory Flexibility F. Dismissal of Applications exceed the previously filed EIRP or EIRP Analysis (IRFA) was incorporated in density envelope. As such, we do not The proposed rule invited comment Further Streamlining Part 25 Rules believe these notices are necessary for on whether to modify the acceptability Governing Satellite Services, Notice of operators in other services because the standard for applications under 47 CFR Proposed Rulemaking. The Commission ‘‘worst case’’ interference scenario will part 25 to explicitly state that an sought written public comment on the not be affected. We also do not believe applicant may correct any errors or proposals in the proposed rule, omissions within 60 days of a that an earth station operating in a band shared with UMFUS at a power level including comment on the IRFA. No Commission request, and that comments were received on the IRFA. applications will be accepted for filing below its maximum authorized power level should be required to notify the This present Final Regulatory Flexibility automatically within 30 days of filing, Analysis (FRFA) conforms to the RFA. unless the Commission determines Commission of its lower operating otherwise. After review of the split power level. No such requirement A. Need for, and Objectives of, the record on this issue and consideration currently exists—earth stations may be Order of long-standing staff practices, we are operated at different power levels based not convinced that an explicit, one- on varying requirements and conditions, The Order creates a new, streamlined sized-fits-all acceptability approach is provided they do not exceed their license for both space stations and earth desirable across the variety of satellite authorized power envelopes—and we stations and adopts other streamlining and earth station applications presented find no basis to adopt such a new measures for the authorization of earth under 47 CFR part 25. Rather, we reporting requirement. stations. It also removes the annual believe that the current framework has However, we do believe that the reporting requirements for satellite proven flexible to enable Commission Commission should require earth operators and makes other corrections staff to address errors without undue station operators to provide notice of a in 47 CFR part 25. disruptions to applicants or other decrease in antenna height pursuant to this provision. Although in many cases B. Summary of Significant Issues Raised operators. We therefore decline to by Public Comments in Response to the modify the acceptability for filing rules. a decrease in earth station antenna height would improve, not worsen, the IRFA G. Notification of Minor Earth Station interference environment for terrestrial Modifications There were no comments filed that operators as ground clutter would play specifically addressed the rules and In the proposed rule, the Commission a larger role in suppressing emissions in policies proposed in the IRFA. proposed to reduce filing burdens on unwanted directions, that is not always some earth station licensees by the case. For example, a lowered C. Response to Comments by the Chief repealing the requirement to notify the antenna may be more likely to radiate Counsel for Advocacy of the Small Commission of the types of minor higher side lobes into an UMFUS station Business Administration changes to authorized earth stations or may bring the antenna closer to some listed in 47 CFR 25.118(a)(4)—i.e., those local metallic object, creating induced Pursuant to the Small Business Jobs that the Commission does not expect to spurious effects on the resultant Act of 2010, which amended the RFA, worsen the interference environment for radiation pattern that create higher the Commission is required to respond other operators. interference levels in certain directions. to any comments filed by the Chief After review of the record, we adopt And a decrease in antenna height may Counsel for Advocacy of the Small the proposed streamlining measure by result in decreased PFD contours which Business Administration (SBA), and to moving the enumerated types of provide an UMFUS operator the provide a detailed statement of any modifications from 47 CFR 25.118(a)(4) opportunity to serve an area that was change made to the proposed rules as a to 47 CFR 25.118(b), which lists earth previously excluded, but now no longer result of those comments. The Chief station modifications that do not require is. Therefore, we will require Counsel did not file any comments in notification and include two additional notification of decreases in antenna response to the proposed rules in this modifications that require Commission height. proceeding.

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D. Description and Estimate of the necessary burden on all affected parties, specific comment on how the Number of Small Entities to Which including small entities. Commission might further reduce the Rules Will Apply information collection burden for small F. Steps Taken To Minimize the business concerns with fewer than 25 The RFA directs agencies to provide Significant Economic Impact on Small employees. a description of, and, where feasible, an Entities and Significant Alternatives estimate of, the number of small entities Considered In this present document, we have assessed the effects of requiring some that may be affected by the rules The RFA requires an agency to earth station licensees to re-coordinate adopted herein. The RFA generally describe any significant alternatives that with Upper Microwave Flexible Use defines the term ‘‘small entity’’ as it has considered in developing its Service licensees under 47 CFR 25.136, having the same meaning as the terms approach, which may include the and find that it may increase ‘‘small business,’’ ‘‘small organization,’’ following four alternatives (among coordination costs for some businesses and ‘‘small governmental jurisdiction.’’ others): ‘‘(1) the establishment of with fewer than 25 employees. In addition, the term ‘‘small business’’ differing compliance or reporting has the same meaning as the term requirements or timetables that take into Congressional Review Act ‘‘small business concern’’ under the account the resources available to small Small Business Act. A ‘‘small business entities; (2) the clarification, The Commission has determined, and concern’’ is one which: (1) Is consolidation, or simplification of the Administrator of the Office of independently owned and operated; (2) compliance and reporting requirements Information and Regulatory Affairs, is not dominant in its field of operation; under the rule for such small entities; Office of Management and Budget, and (3) satisfies any additional criteria (3) the use of performance rather than concurs that this rule is ‘‘non-major’’ established by the Small Business design standards; and (4) an exemption under the Congressional Review Act, 5 Administration (SBA). Below, we from coverage of the rule, or any part U.S.C. 804(2). The Commission will describe and estimate the number of thereof, for such small entities.’’ send a copy of this Second Report and small entities that may be affected by In this Order, the Commission creates Order to Congress and the Government adoption of the final rules. a new, optional, streamlined licensing Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A). Satellite Telecommunications procedure for both space stations and earth stations in a satellite system Ordering Clauses This category comprises firms specifically designed to eliminate ‘‘primarily engaged in providing redundancies and reduce regulatory It is ordered, pursuant to sections 4(i), telecommunications services to other burdens. The Commission also adopts a 7(a), 10, 303, 308(b), and 316 of the establishments in the certification option for earth station Communications Act of 1934, as telecommunications and broadcasting applicants to eliminate duplicative or amended, 47 U.S.C. 154(i), 157(a), 160, industries by forwarding and receiving unnecessary information filed with the 303, 308(b), 316, that this Report and communications signals via a system of Commission. In addition, the Order is adopted, the policies, rules, satellites or reselling satellite Commission repeals certain other and requirements discussed herein are telecommunications.’’ Satellite requirements with the aim of adopted, and part 25 of the telecommunications service providers streamlining its requirements. Overall, Commission’s rules is amended as set include satellite and earth station the actions in this document will reduce forth below. operators. The category has a small burdens on the affected licensees, It is further ordered that the rule business size standard of $35 million or including small entities. amendments in this Report and Order less in average annual receipts, under Report to Congress: The Commission will become effective 30 days from the SBA rules. For this category, U.S. will send a copy of the Report and date of publication in the Federal Census Bureau data for 2012 show that Order, including this FRFA, in a report Register, except for those amendments there were a total of 333 firms that to be sent to Congress pursuant to the which contain new or modified operated for the entire year. Of this Congressional Review Act. In addition, information collection requirements that total, 299 firms had annual receipts of the Commission will send a copy of the require approval by the Office of less than $25 million. Consequently, we Report and Order, including this FRFA, Management and Budget under the estimate that the majority of satellite to the Chief Counsel for Advocacy of the Paperwork Reduction Act which will telecommunications providers are small SBA. A copy of the Report and Order become effective after the Commission entities. and FRFA (or summaries thereof) will publishes a document in the Federal E. Description of Projected Reporting, also be published in the Federal Register announcing such approval and Recordkeeping and Other Compliance Register. the relevant effective date. Requirements for Small Entities Paperwork Reduction Act It is further ordered that the The Order adopts several rule changes This document contains new or Commission’s Consumer and that would affect compliance modified information collection Governmental Affairs Bureau, Reference requirements for space station and earth requirements. The Commission, as part Information Center, shall send a copy of station operators. For example, the of its continuing effort to reduce this Report and Order, including the Order creates a new, optional, paperwork burdens, invites the general Final Regulatory Flexibility Analyses, to streamlined licensing procedure for public to comment on the information the Chief Counsel for Advocacy of the both space stations and earth stations in collection requirements contained in Small Business Administration. a satellite system. It also eliminates this Report and Order as required by the It is further ordered that the some reporting requirements for space Paperwork Reduction Act of 1995, Commission shall send a copy of this station and earth station licensees. In Public Law 104–13. In addition, the Report and Order in a report to be sent total, the actions in this Order are Commission notes that pursuant to the to Congress and the Government designed to achieve the Commission’s Small Business Paperwork Relief Act of Accountability Office pursuant to the mandate to regulate in the public 2002, Public Law 107–198, see 44 U.S.C. Congressional Review Act, see 5 U.S.C. interest while imposing the lowest 3506(c)(4), we previously sought 801(a)(1)(A).

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List of Subjects in 47 CFR Part 25 (1) Equipment in an authorized earth (1) The information required by Administrative practice and station may be replaced without prior § 25.114 or, for a non-U.S.-licensed procedure, Satellites. authorization and without notifying the space station, § 25.137; Commission if the new equipment is (2) A certification that earth station Federal Communications Commission. electrically identical to the existing operations under the satellite system Marlene Dortch, equipment. license will comply with part 1, subpart Secretary. (2) Licensees may make other changes I and part 17 of this chapter; and (3) Any additional information Final Rules to their authorized earth stations, including the addition of new required under this part, including For the reasons discussed in the transceiver/antenna combinations, under § 25.115, for operation of the preamble, the Federal Communications without notifying the Commission, blanket-licensed earth stations that is Commission amends 47 CFR part 25 as provided the modification does not not duplicative or unnecessary due to follows: involve: the information provided for the space (i) An increase in EIRP or EIRP station operation. PART 25—SATELLITE density (either main lobe or off-axis); ■ 5. Amend § 25.133 by revising COMMUNICATIONS (ii) Additional operating frequencies; paragraph (a) to read as follows: (iii) A change in polarization; ■ 1. The authority citation for part 25 § 25.133 Period of construction; continues to read as follows: (iv) An increase in antenna height; certification of commencement of (v) Antenna repointing beyond any operation. Authority: 47 U.S.C. 154, 301, 302, 303, coordinated range; or 307, 309, 310, 319, 332, 605, and 721, unless (a) An earth station, or network of otherwise noted. (vi) A change from the originally blanket-licensed earth stations, must be authorized coordinates of more than 1 ■ 2. Amend § 25.115 by revising brought into operation within the second of latitude or longitude for paragraph (a)(1) to read as follows: longest of the time periods below, stations operating in frequency bands unless the Commission determines § 25.115 Applications for earth station shared with terrestrial systems or more otherwise: authorizations. than 10 seconds of latitude or longitude (1) For an earth station authorized to (a)(1)(i) Transmitting earth stations. for stations operating in frequency communicate with a GSO FSS space Commission authorization must be bands not shared with terrestrial station in the 3600–4200 MHz band obtained for authority to operate a systems. (space-to-Earth) operating outside of transmitting earth station. Applications * * * * * CONUS, or in the 5850–6725 MHz band must be filed electronically on FCC ■ 4. Add § 25.124 to read as follows: (Earth-to-space), within one year from Form 312, Main Form and Schedule B, the date of the license grant; and include the information specified in § 25.124 Unified space station and earth (2) For any other earth station or this section, except as set forth in station authorization. network of earth stations, within one paragraphs (a)(1)(ii) and (a)(2) of this (a) A single authorization may be year from the date of the license grant section. issued for the operations of a GSO space or six months after the bringing into (ii) Certification of compliance with station or NGSO space station(s) and the operation of a GSO space station, or space station authorization. An earth blanket-licensed earth stations that will NGSO system under § 25.164(b)(1), with station applicant certifying that it will operate within that satellite system, which the earth station or earth station comply with the applicable terms and excluding GSO FSS and NGSO FSS network was authorized to conditions of the authorization of any satellite systems operating in bands communicate when it was licensed, as space station with which it below 10 GHz and bands subject to notified under § 25.173(b). communicates need not provide § 25.136. The available frequency bands * * * * * technical demonstrations or other are: ■ 6. Delayed indefinitely, amend information that is duplicative or (1) Non-Voice, Non-Geostationary § 25.136 by adding paragraph (h) to read unnecessary due to the certification. MSS: 137–138 MHz, 148–150.05 MHz, as follows: This provision does not apply to FSS 399.9–400.05 MHz, and 400.15–401 operation in bands below 10 GHz or in MHz; § 25.136 Earth Stations in the 24.75–25.25 bands subject to § 25.136. (2) 1.5/1.6 GHz MSS: 1525–1559 MHz GHz, 27.5–28.35 GHz, 37.5–40 GHz, 47.2– * * * * * and 1626.5–1660.5 MHz; 48.2, GHz and 50.4–51.4 GHz bands. ■ 3. Amend § 25.118 by revising (3) 1.6/2.4 GHz MSS: 1610–1626.5 * * * * * paragraphs (a)(4) and (b) to read as MHz and 2483.5–2500 MHz; (h) Re-coordination. An earth station follows: (4) 2 GHz MSS: 2000–2020 MHz and licensed under this section that is 2180–2200 MHz; brought into operation later than one § 25.118 Modifications not requiring prior (5) GSO FSS: 10.7–12.2 GHz, 14–14.5 year after the date of the license grant authorization. GHz, 18.3–18.8 GHz, 19.7–20.2 GHz, must be re-coordinated with UMFUS (a) * * * 28.35–28.6 GHz, 29.25–30 GHz, 40–42 stations using the applicable processes (4) An earth station licensee may GHz, and 48.2–50.2 GHz; in § 101.103(d) of this chapter. The earth additionally: (6) NGSO FSS: 10.7–12.7 GHz, 14– station licensee must complete re- (i) Decrease antenna height; or 14.5 GHz, 17.8–18.6 GHz, 18.8–19.4 coordination within one year before its (ii) Increase or decrease the earth GHz, 19.6–20.2 GHz, 28.35–29.1 GHz, commencement of operation. The re- station’s PFD contour, provided the 29.5–30 GHz, 40–42 GHz, and 48.2–50.2 coordination should account for any modification does not involve a change GHz; and demographic or geographic changes as listed in paragraph (b)(2) of this section. (7) GSO and NGSO MSS: 19.7–20.2 well as changes to the earth station (b) Earth station modifications, GHz and 29.5–30 GHz. equipment or configuration. A re- notification not required. (b) An application for a satellite coordination notice must be filed in Notwithstanding paragraph (a) of this system license described in paragraph IBFS before commencement of earth section: (a) must contain: station operations.

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§ 25.170 [Removed] Persons to Wear Masks While on and carry out enforcement of the CDC ■ 7. Remove § 25.170. Conveyances and at Transportation Order with respect to transportation Hubs. This E.O. also implements ■ 8. Revise § 25.171 to read as follows: entities subject to its jurisdiction. Promoting COVID–19 Safety in In issuing this E.O., FRA is exercising § 25.171 Space station point of contact Domestic and International Travel, its emergency railroad safety authority reporting requirements. issued on January 21, 2021, requiring to the extent necessary to require mask (a) Annual report. On June 30 of each masks to be worn in or on airports, wearing in accordance with the CDC year, a space station licensee or market commercial aircraft, and various modes Order and implement Executive Order access recipient must provide a current of surface transportation, including 13998 with respect to freight rail listing of the names, titles, addresses, trains. Specifically, this E.O. addresses operations and those portions of email addresses, and telephone numbers requirements for face mask use with passenger rail operations 3 not already of the points of contact for resolution of respect to all freight rail operations and covered by the TSA SD. FRA is not interference problems and for portions of each passenger rail operation exercising its authority over any other emergency response. Contact personnel under FRA’s safety jurisdiction. aspect of the COVID–19 pandemic and should include those responsible for DATES: This emergency order is effective does not otherwise intend by this E.O. resolution of short-term, immediate March 1, 2021. to affect working conditions for interference problems at the system FOR FURTHER INFORMATION CONTACT: employees and contractors engaged in control center, and those responsible for Mark Patterson, Director, Office of Data railroad operations.4 long-term engineering and technical Analysis and Program Support, at (202) Authority design issues. 493–6282 or [email protected]; (b) Updated information. If a space Elizabeth Gross, Attorney Adviser, Authority to enforce Federal railroad station licensee or market access Office of the Chief Counsel, at (202) safety laws has been delegated by the recipient point of contact information 493–1342 or [email protected]; or U.S. Secretary of Transportation to the changes, the space station licensee or Veronica Chittim, Attorney Adviser, Administrator of FRA. 49 U.S.C. 103; 49 market access recipient must file the Office of the Chief Counsel, at (202) CFR 1.89(e) and internal delegations. updated information within 10 days of 493–0273 or [email protected]. Railroads are subject to FRA’s safety the change. SUPPLEMENTARY INFORMATION: jurisdiction under the Federal railroad (c) Electronic filing. Filings under safety laws. 49 U.S.C. 20101, 20103. paragraphs (a) or (b) of this section must Introduction FRA is authorized to issue emergency be made electronically in the FRA is issuing this E.O. to implement orders where an unsafe condition or Commission’s International Bureau Executive Order 13998,1 which directs practice ‘‘causes an emergency situation Filing System (IBFS) in the ‘‘Other the Secretary of Transportation to take involving a hazard of death, personal Filings’’ tab of the station’s current action to require masks to be worn in injury, or significant harm to the authorization file. compliance with CDC guidelines in or environment.’’ 49 U.S.C. 20104. 2 Emergency orders may immediately ■ 9. Amend § 25.172 by revising on trains. impose ‘‘restrictions and prohibitions paragraph (a)(1) to read as follows: On January 31, 2021, the Transportation Security Administration . . . that may be necessary to abate the § 25.172 Requirements for reporting space (TSA) issued Security Directive (SD) situation.’’ Id. station control arrangements. 1582/84–21–01, Security Measures— COVID–19 Pandemic (a) * * * Face Mask Requirements (TSA SD), to (1) The information required by implement Executive Order 13998 and Due to the ongoing COVID–19 § 25.171(a). to enforce the CDC Order with respect pandemic, and to reduce the spread of COVID–19, President Biden issued * * * * * to conveyances and transportation facilities used in various modes of Executive Order 13998, Promoting Editorial Note: The Office of the Federal surface transportation, including COVID–19 Safety in Domestic and Register received this document on December passenger rail. International Travel, on January 21, 23, 2020. On February 12, 2021, the Secretary of 2021, requiring masks to be worn in [FR Doc. 2020–28907 Filed 2–26–21; 8:45 am] Transportation issued an Action airports, on commercial aircraft, and in BILLING CODE 6712–01–P Memorandum to further USDOT’s various modes of surface transportation, efforts to implement the President’s Executive Order 13998. Finding that 3 For an explanation of how FRA exercises its DEPARTMENT OF TRANSPORTATION COVID–19 and its variants continue to safety jurisdiction over passenger rail operations, see ‘‘FRA’s Policy on Jurisdiction Over Passenger present unprecedented challenges to the Operations’’ in 49 CFR part 209, appendix A— Federal Railroad Administration health of the traveling public in all Statement of Agency Policy Concerning modes of transportation, and that the Enforcement of the Federal Railroad Safety Laws. 49 CFR Parts 209 and 211 wearing of masks on all modes of 4 Nothing in this E.O. is intended to interfere with transportation can mitigate the risk of any applicable jurisdiction over COVID–19 issues [Emergency Order No. 32, Notice No. 1] in the workplace by the Occupational Safety and travelers spreading COVID–19 and can Health Administration. Additionally, FRA is not Emergency Order Requiring Face Mask instill safety and confidence in exercising its railroad safety authority over any Use in Railroad Operations transportation systems, the Secretary COVID–19 issue other than requiring compliance directed FRA to take action to support with mask mandates in accordance with the CDC SUMMARY: To help prevent the spread of Order, nor is it exercising its jurisdiction over how a railroad decides to comply with the CDC Order coronavirus disease 2019 (COVID–19), 1 86 FR 7205 (Jan. 26, 2021). and this E.O. For example, a railroad may not the Federal Railroad Administration 2 For example, this E.O. applies to all persons in include any type of COVID–19 risk-based hazard (FRA) is issuing this emergency order or on a freight train, locomotive, high-rail vehicle, analysis as part of its railroad system safety program (E.O.) to require compliance with the crew transportation vehicle, or in a railroad under either 49 CFR part 270 (System Safety transportation facility, terminal, yard, storage Program) or part 271 (Risk Reduction Program) in mask requirements of the Order of the facility, yard office, crew room, maintenance shop, order to protect that analysis from discovery or use Centers for Disease Control and and other areas regularly occupied by personnel in litigation under either 49 CFR 270.105 or 49 CFR Prevention (CDC), Requirement for engaged in railroad operations. 271.11.

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including rail. To implement Executive facility, terminal, yard, storage facility, health care resources, lead to more Order 13998, to require compliance yard office, crew room, maintenance hospitalizations, and potentially lead to with the public health standards set shop, and other areas regularly occupied more deaths.14 While the CDC is closely forth in the CDC Order,5 and due to the by railroad personnel. While the CDC monitoring these new variants to learn immediate need to ensure masks are Order applies to all persons awaiting, more about them, rigorous and worn appropriately in the railroad boarding, or alighting a conveyance and increased compliance with public industry to prevent the spread of while in a transportation hub,9 this E.O. health mitigation strategies, such as the COVID–19, FRA has determined that an does not apply to passengers or persons use of masks, is essential to limit the emergency situation involving a hazard (including railroad carrier personnel) in spread of the virus including any new of death and personal injury exists, and or on a passenger train or in public areas variants.15 Additionally, controlling the is issuing this E.O. pursuant to the of passenger railroad transportation spread of the virus by implementing authority of 49 U.S.C. 20101, 20104. hubs or facilities. The mask public health measures such as mask FRA is authorized to promote safety in requirements in TSA SD 1582/84–21– wearing will help prevent new every area of railroad operations. 49 01, Security Measures—Face Mask mutations, as viruses will not mutate U.S.C. 20101, 20103.6 The failure to Requirements, apply to passengers and well if they do not have the opportunity wear masks as required by the CDC such persons. to replicate freely.16 In short, given Order during railroad operations could There is currently a pandemic of these developments, it is more critical impact railroad employees’ safety with respiratory disease, COVID–19, caused than ever that persons wear masks respect to the risks of COVID–19. by a novel coronavirus (SARS–CoV–2). whenever possible to help prevent the Consistent with these mandates and As of February 16, 2021, there have spread of the virus that causes COVID– FRA’s authority, and after consultation been over 108,000,000 confirmed cases 19 and the further emergence of new with CDC and TSA, FRA is issuing this of COVID–19 globally, resulting in variants. The CDC has also recently E.O. to require freight and passenger nearly 2,400,000 deaths.10 As of published research documenting a railroad carriers to comply with the February 14, 2021, there have been over decline in COVID–19 hospitalization mask 7 requirements of the CDC Order 8 27,000,000 cases identified in the growth rates associated with statewide during railroad operations subject to United States, and over 482,000 deaths mask mandates.17 For a detailed 11 FRA’s railroad safety jurisdiction, due to the disease. discussion on how appropriate mask except to the extent portions of the According to the CDC, multiple new wearing helps reduce COVID–19 passenger railroad carrier’s operations SARS–CoV–2 variants have emerged in transmission, FRA refers readers to the are already covered by the TSA SD. For recent weeks, including at least one CDC Order.18 example, this E.O. applies to all persons with evidence of increased in or on a freight train, locomotive, transmissibility.12 These variants seem Lack of Uniformity in Mask Wearing in high-rail vehicle, crew transportation to spread more easily and quickly than Railroad Operations vehicle, or in a railroad transportation other variants, which may lead to more As of February 1, 2021, field 13 cases of COVID–19. An increase in the observations 19 from FRA’s railroad 5 See order under section 361 of the Public Health number of cases will put more strain on safety inspectors regarding mask use on Service Act (42 U.S.C. 264) and 42 CFR 70.2, railroad property indicate that the 71.31(b), 71.32(b); Requirement for Persons to Wear 9 86 FR 8025 (Feb. 3, 2021) (requiring face masks Masks While on Conveyances and at Transportation to be worn by all travelers while on public critical practice of wearing a face mask Hubs (January 29, 2021). 86 FR 8025 (Feb. 3, 2021). transportation). Your Guide to Masks, https:// is not consistent or uniform among 6 FRA’s exercise of its authority is consistent with www.cdc.gov/coronavirus/2019-ncov/prevent- railroad personnel. While some railroad prior, targeted regulatory action taken under 49 getting-sick/about-face-coverings.html (‘‘CDC carriers require their personnel to wear U.S.C. ch. 201 to protect employee exposure to recommends that people wear masks in public health risks in the workplace. See, e.g., rules on settings, at events and gatherings, and anywhere masks when working in an occupied occupational noise exposure (49 CFR part 227), they will be around other people. Effective February locomotive cab and in rail facilities and camp cars as sleeping quarters (49 CFR part 228), 2, 2021, masks are required on planes, buses, trains, locomotive cab sanitation and cab temperature (e.g., shops, FRA has found this is not a and other forms of public transportation traveling universal requirement. FRA has 49 CFR part 229). into, within, or out of the United States and in U.S. 7 Mask means a material covering the nose and transportation hubs such as airports and stations.’’); observed railroad personnel often not mouth of the wearer, excluding face shields. The Requirement for Face Masks on Public wearing a face mask on railroad CDC has stated that a properly worn mask Transportation Conveyances and at Transportation property, both in situations where social completely covers the nose and mouth of the Hubs, https://www.cdc.gov/coronavirus/2019-ncov/ distancing is possible, and situations wearer. A mask should be secured to the head, travelers/face-masks-public-transportation.html including with ties or ear loops. A mask should fit (‘‘CDC has issued an order that requires face masks involving close proximity to others. snugly but comfortably against the side of the face. to be worn by all travelers while on public FRA inspectors have also observed Masks do not include face shields. Masks can be transportation (which includes all passengers and either manufactured or homemade and should be a railroad personnel who did not put on all personnel operating conveyances). People must a face mask when approached by the solid piece of material without slits, exhalation wear masks that completely cover both the mouth valves, or punctures. Medical masks and N–95 and nose while awaiting, boarding, disembarking, respirators fulfill the requirements of this E.O. CDC or traveling on airplanes, ships, ferries, trains, 14 Id. guidance for attributes of acceptable masks in the subways, buses, taxis, and ride-shares as they are 15 https://www.cdc.gov/coronavirus/2019-ncov/ context of this E.O. is available at https:// traveling into, within, or out of the United States transmission/variant.html. www.cdc.gov/quarantine/masks/mask-travel- and U.S. territories. People must also wear masks 16 guidance.html. https://www.whitehouse.gov/briefing-room/ while at transportation hubs (e.g., airports, bus or press-briefings/2021/02/03/press-briefing-white- 8 The CDC Order states, ‘‘While this [CDC] Order ferry terminals, train and subway stations, seaports) house-covid-19-response-team-and-public-health- may be enforced and CDC reserves the right to and other locations where people board public officials/. enforce through criminal penalties, CDC does not transportation in the United States and U.S. 17 Joo H, Miller GF, Sunshine G, et al. Decline in intend to rely primarily on these criminal penalties territories.’’). but instead strongly encourages and anticipates COVID–19 Hospitalization Growth Rates Associated 10 See https://covid19.who.int. widespread voluntary compliance as well as with Statewide Mask Mandates—10 States, March– 11 support from other federal agencies in See https://covid.cdc.gov/covid-data-tracker/ October 2020, MMWR Morb Mortal Wkly Rep. implementing additional civil measures enforcing #datatracker-home. ePub: 5 Feb. 2021. DOI: https://www.cdc.gov/ the provisions of this Order, to the extent permitted 12 See https://www.cdc.gov/coronavirus/2019- mmwr/volumes/70/wr/mm7006e2.htm. by law and consistent with President Biden’s ncov/more/science-and-research/scientific-brief- 18 86 FR 8025–8030. Executive Order of January 21, 2021 (Promoting emerging-variants.html; https://www.cdc.gov/ 19 These FRA field observations constitute COVID–19 Safety in Domestic and International coronavirus/2019-ncov/transmission/variant.html. ‘‘inspection’’ and ‘‘investigation’’ under 49 U.S.C. Travel).’’ 86 FR 8030. 13 Id. 20104(a)(1).

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inspectors to discuss matters of railroad carrier’s control (regardless of duty compliance.26 At a minimum, this safety. status). notice must inform railroad carrier America’s railroad transportation personnel of the following: Necessity of Issuing This E.O. system is essential—not only for public 1. Federal law requires every Taking into consideration the unique health, but also for America’s economy individual to wear a mask while and exigent circumstances presented by and other bedrocks of American life. engaged in railroad operations unless the COVID–19 pandemic (particularly Railroads carry life-saving medical otherwise exempted and failure to the recent emergence of variants with supplies and medical providers into and comply may result in removal from increased transmissibility), as well as across the nation to our hospitals, service. the inconsistent use of masks observed nursing homes, and physicians’ offices. 2. Refusing to wear a mask is a by FRA inspectors through FRA Trains bring food and other essentials to violation of Federal law and railroad inspection and investigation during our communities and bring America’s carrier personnel may be subject to FRA railroad operations, FRA has workforce to their jobs. Requiring mask enforcement action against them determined that the COVID–19 use on our railroads will protect railroad individually. pandemic has created an unsafe employees and contractors, as well as (B) Railroad carriers must establish condition or practice involving a hazard FRA and participating State rail safety written procedures to manage situations of death or personal injury—not only to inspectors who enforce Federal railroad with their personnel who refuse to railroad personnel, but also to FRA and safety laws. Requiring mask use will comply with the requirement to wear a participating State 20 rail safety also help control the spread of the virus mask. At a minimum, for any person inspectors who interact with railroad causing the COVID–19 pandemic, slow who is not exempted from the personnel during the performance of the rate of international spread from requirement to wear a mask and who their essential railroad safety duties. trains moving across U.S. borders, refuses to comply with an instruction This E.O. is necessary to abate this prevent the emergence of new variants, given by the railroad carrier with emergency situation, by FRA requiring and more quickly re-open America’s respect to wearing a mask, the railroad face mask use in accordance with the economy. carrier must: CDC Order, to ensure a minimum level For reasons described in the CDC 1. Remove the person from of nationwide compliance,21 together Order, this E.O. applies to railroad performing duties in support of railroad operations; and with the TSA SD. Railroad carriers 22 personnel who have received a COVID– 2. Make best efforts to remove the and their personnel must comply with 19 vaccine and/or who have recovered from COVID–19.25 person from the railroad transportation the mask-wearing requirements set forth hub/facility as soon as practicable. in the CDC Order while engaged in Finding and Order II. Railroad carrier personnel. railroad operations,23 including Based on the foregoing, FRA has Railroad carrier personnel must comply whenever they are in a transportation determined that the spread of the virus with the mask wearing requirements of hub/facility 24 under the railroad that causes COVID–19 creates an the CDC Order while engaged in railroad operations, including whenever 20 emergency situation involving a hazard 49 U.S.C. 20105. in a transportation hub/facility under 21 49 U.S.C. 20106(a)(1). of death or personal injury. 22 Railroad means any form of nonhighway Accordingly, under the authority of 49 the railroad carrier’s control (regardless ground transportation that runs on rails or electro- U.S.C. 20104, delegated to the of duty status), except as described in magnetic guideways, including (i) commuter or Administrator of FRA by the Secretary Section III.D., below. For the purpose of other short-haul passenger service in a metropolitan of Transportation, 49 CFR 1.89, it is this E.O., the term ‘‘personnel’’ includes or suburban area and commuter service that was employees, contractors, probationary operated by the Consolidated Rail Corporation on hereby ordered that freight railroads, January 1, 1979; and (ii) high speed ground passenger railroads, and any other employees, and volunteers. transportation systems that connect metropolitan person whose actions are necessary to III. Exceptions and exemptions. (A) areas, without regard to whether those systems use effectuate the directives in this E.O., While the CDC Order applies to all new technologies not associated with traditional persons awaiting, boarding, or alighting railroads; but does not include rapid transit take the following actions, as required: operations in an urban area that are not connected I. Railroad carriers. (A) Railroad a conveyance and while in a to the general railroad system of transportation. carriers must require their personnel to transportation hub, this E.O. does not Railroad carrier means a person providing railroad wear a mask in compliance with the apply to passengers or persons transportation. General railroad system of (including railroad carrier personnel) in transportation has the same meaning as under 49 CDC Order while engaged in railroad CFR part 209, appendix A—Statement of Agency operations, including whenever in a or on a passenger train or in public areas Policy Concerning Enforcement of the Federal transportation hub/facility under the of passenger railroad transportation Railroad Safety Laws. railroad carrier’s control (regardless of hubs or facilities. Note: The mask 23 Railroad operation means any activity which duty status), except as described in requirements in TSA SD 1582/84–21– affects the movement of a train, locomotive, or other 01, Security Measures—Face Mask on-track equipment, singly or in combination with Section III (Exceptions and exemptions), other equipment, on the track of a railroad. below. For the purpose of this E.O., the Requirements, apply to passengers and 24 Transportation hub/facility means any airport, term ‘‘personnel’’ includes employees, such persons. bus terminal, marina, seaport or other port, subway contractors, probationary employees, (B) The requirement to wear a mask stations, terminal (including any fixed facility at does not apply under the following which passengers are picked-up or discharged), and volunteers. Railroad carriers must train station, U.S. point of entry, or any other provide their personnel with prominent circumstances: location that provides transportation subject to the and adequate notice of the mask 1. When necessary to temporarily jurisdiction of the United States. The meaning of requirements to facilitate awareness and remove the mask for identity the term ‘‘transportation hub,’’ as applied to verification purposes. railroad facilities, includes railroad terminals, 2. For brief periods, while eating, yards, storage facilities, yard offices, crew rooms, while on the premises of a transportation hub maintenance shops, and other areas regularly unless they are the only person in the work area, drinking, or taking oral occupied by railroad personnel. The CDC Order such as in private offices, private hangars at broadly requires persons to wear masks in such airports, or in railroad yards (available at: https:// 26 Notice may include, if feasible, notifications on settings and applies in both passenger and freight www.cdc.gov/coronavirus/2019-ncov/travelers/face- digital platforms, such as on apps, websites, or rail facilities. See CDC FAQs explaining that masks-public-transportation.html). email; posted signage with illustrations; or other employees at transportation hubs must wear a mask 25 86 FR 8029. methods as appropriate.

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medications.27 Note: Prolonged periods 1. People with disabilities who cannot injunctive relief to enforce this Order. of mask removal are not permitted for wear a mask, or cannot safely wear a 49 U.S.C. 20112. eating or drinking; the mask must be mask, because of the disability as Effective Date and Notice to Affected worn between bites and sips. defined by the Americans with Persons 3. While communicating with a Disabilities Act (42 U.S.C. 12101 et person who is deaf or hard of hearing, seq.).30 This E.O. is effective upon issuance when the ability to see the mouth is 2. People for whom wearing a mask and railroad carriers subject to this E.O. essential for communication. would create a risk to workplace health, must immediately initiate steps to 4. If unconscious (for reasons other safety, or job duty as determined by the implement this E.O. This E.O. remains than sleeping), incapacitated, unable to relevant workplace safety guidelines or in effect until the CDC Order is be awakened, or otherwise unable to Federal regulations.31 modified or rescinded based on specific 28 public health or other considerations, remove the mask without assistance. Preemption 5. When necessary to temporarily until the U.S. Secretary of Health and remove the mask to provide a breath or The requirements in this E.O. do not Human Services rescinds the saliva specimen for required alcohol preempt any State, local, Tribal, or determination under section 319 of the testing under U.S. Department of territorial rule, regulation, order, or Public Health Service Act (42 U.S.C. Transportation drug and alcohol testing standard necessary to eliminate or 247d) that a public health emergency regulations or an employer-mandated reduce a local safety hazard, which exists, or until rescinded by FRA, unless substance abuse testing program. includes public health measures that are FRA extends its terms by subsequent (C) The following persons are the same or more protective of public notice published in the Federal exempted from wearing masks: health than those required in this E.O., Register. if that provision is not incompatible 1. Persons in private conveyances Review operated solely for personal, non- with this E.O. commercial use. Relief Opportunity for formal review of this 2. A driver, when operating a E.O. will be provided under 49 U.S.C. Any railroad carrier affected by this 20104(b) and 5 U.S.C. 554. commercial motor vehicle, such as a E.O. may petition for special approval to crew transportation van, limo, or taxi, as Administrative procedures governing take actions not in accordance with this such review are at 49 CFR part 211. this term is defined in 49 CFR 390.5, if E.O. Petitions must be submitted to the the driver is the sole occupant of the Associate Administrator for Railroad Issued in Washington, DC, on February 24, vehicle. Safety, who is authorized to act on those 2021. 3. A person who is the sole occupant requests without amending this E.O. In Amitabha Bose, of an enclosed cab of a locomotive, hi- reviewing any petition for special Acting Administrator, Federal Railroad rail vehicle, roadway maintenance approval, the Associate Administrator Administration. machine, or any other on-track will grant petitions only if the petitioner [FR Doc. 2021–04233 Filed 2–25–21; 4:15 pm] equipment that has an enclosed cab. has clearly articulated an alternative BILLING CODE 4910–06–P (D) This E.O. exempts the following action that will provide, in the categories of persons from wearing Associate Administrator’s judgment, at 29 masks: least a level of safety equivalent to that DEPARTMENT OF TRANSPORTATION provided by compliance with this E.O. 27 The CDC has stated that brief periods of close Federal Motor Carrier Safety contact without a mask should not exceed 15 Civil Penalties Administration minutes. https://www.cdc.gov/coronavirus/2019- Any violation of this E.O. may subject ncov/php/public-health-recommendations.html. 49 CFR Part 389 28 Persons who are experiencing difficulty the person (a railroad carrier) breathing or shortness of breath or are feeling committing the violation to a civil [FMCSA–2016–0341] winded may remove the mask temporarily until penalty of up to $118,826 for each day able to resume normal breathing with the mask. RIN 2126–AB96 Persons who are vomiting should remove the mask the violation continues. 49 U.S.C. 21301 until vomiting ceases. Persons with acute illness and 86 FR 1751 (Jan. 11, 2021). Any Rulemaking Procedures Update may remove the mask if it interferes with necessary individual (railroad personnel) who medical care such as supplemental oxygen willfully violates a provision stated in AGENCY: Federal Motor Carrier Safety administered via an oxygen mask. 86 FR 8027, Administration (FMCSA), U.S. FN 7. this order is subject to civil penalties 29 Railroad carriers may impose requirements on under 49 U.S.C. 21301. In addition, any Department of Transportation. employees requesting an exemption from the individual (railroad personnel) whose ACTION: Final rule; delay of effective requirement to wear a mask, including medical violation of this order demonstrates the date. consultation by a third party, medical individual’s unfitness for safety- documentation by a licensed medical provider, SUMMARY: In accordance with the and/or other information as determined by the sensitive service may be removed from railroad carrier, as well as require evidence that the safety-sensitive service on the railroad memorandum of January 20, 2021, from person does not have COVID–19, such as a negative under 49 U.S.C. 20111. FRA may, the Assistant to the President and Chief result from a SARS–CoV–2 viral test or through the Attorney General, also seek of Staff, titled ‘‘Regulatory Freeze documentation of recovery from COVID–19. CDC Pending Review,’’ the Department definitions for SARS–CoV–2 viral test and documentation of recovery are available in 30 This is a narrow exception that includes a delays the effective date of the final Frequently Asked Questions at: https:// person with a disability who cannot wear a mask rule, ‘‘Rulemaking Procedures Update,’’ www.cdc.gov/coronavirus/2019-ncov/travelers/ for reasons related to the disability. CDC states it until March 21, 2021. testing-international-air-travelers.html. Railroad will issue additional guidance regarding persons DATES carriers may also impose additional protective who cannot wear a mask under this exemption. : As of March 1, 2021, the measures that improve the ability of an employee https://www.cdc.gov/quarantine/masks/mask- effective date of the final rule published eligible for exemption to maintain social distance travel-guidance.html. 86 FR at 8027–28. on December 31, 2020, at 85 FR 86843, (separation from others by 6 feet). Railroad carriers 31 For example, a maintenance shop employee is delayed until March 21, 2021. may further require that employees seeking performing welding operations may be exempt from exemption from the requirement to wear a mask this E.O., due to potential mask flammability FOR FURTHER INFORMATION CONTACT: Mr. request an exemption in advance. concerns. Steven J. LaFreniere, Regulatory

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Ombudsman, Federal Motor Carrier opportunity to comment on proposed by that rule and whether further delay Safety Administration, 1200 New Jersey regulations and publish rules not less of the effective date is necessary. Ave. SE, Washington, DC 20590–0001, than 30 days before their effective dates. DATES: As of March 1, 2021, the (202) 366–0596, steven.lafreniere@ However, the APA provides that an effective date of the final rule that dot.gov. agency is not required to conduct published on January 15, 2021, at 86 FR SUPPLEMENTARY INFORMATION: notice-and-comment rulemaking or 4820, is delayed from March 16, 2021, delay effective dates when the agency, to April 30, 2021. Electronic Access and Filing for good cause, finds that the Comment Period: To be assured A copy of the notice of proposed requirement is impracticable, consideration, comments must be rulemaking (82 FR 36719, August 7, unnecessary, or contrary to the public received or postmarked by March 31, 2017), all comments received, the final interest (5 U.S.C. 553(b)(B) and (d)(3)). 2021. rule, and all background material may There is good cause to waive both of be viewed online at http:// these requirements here as they are ADDRESSES: You may submit comments www.regulations.gov using the docket impracticable. A delay in the effective using either of the following methods: number listed above. A copy of this date of the final rule, ‘‘Rulemaking Electronically via the Federal document will be placed in the docket. Procedures Update,’’ is necessary for the eRulemaking Portal: Please visit https:// Electronic retrieval help and guidelines President’s appointees and designees to www.regulations.gov. In the Search Box, are available on the website. It is have adequate time to review the rule enter FWS–R1–ES–2020–0050, which is available 24 hours each day, 365 days before it takes effect, and neither the the docket number for this action, and each year. An electronic copy of this notice and comment process nor the click ‘‘search’’ to view the publications document may also be downloaded delayed effective date could be associated with the docket folder. from the Office of the Federal Register’s implemented in time to allow for this Locate the document with an open website at http://www.ofr.gov and the review. comment period and follow the Government Publishing Office’s website instructions to submit your comments at http://www.gpo.gov. List of Subjects in 49 CFR Part 389 prior to the close of the comment Administrative practice and period. Background procedure, Highway safety, Motor By hard copy: Submit by U.S. mail to: On January 20, 2021, the Assistant to carriers, Motor vehicle safety. Public Comments Processing, Attn: the President and Chief of Staff issued FWS–R1–ES–2020–0050, U.S. Fish and Issued under authority delegated in 49 CFR Wildlife Service, MS: JAO/3W, 5275 a memorandum titled, ‘‘Regulatory 1.87. Freeze Pending Review.’’ The Leesburg Pike, Falls Church, VA 22041– John W. Van Steenburg, memorandum requested that the heads 3803. of executive departments and agencies Assistant Administrator. Docket: For access to the docket to (agencies) take steps to ensure that the [FR Doc. 2021–04110 Filed 2–26–21; 8:45 am] read background documents or President’s appointees or designees BILLING CODE 4910–EX–P comments received, go to https:// have the opportunity to review any new www.regulations.gov and locate the or pending rules. With respect to rules docket folder for FWS–R1–ES–2020– published in the Federal Register, but DEPARTMENT OF THE INTERIOR 0050. not yet effective, the memorandum FOR FURTHER INFORMATION CONTACT: asked that agencies consider postponing Fish and Wildlife Service Bridget Fahey, Division of Conservation the rules’ effective dates for 60 days and Classification, U.S. Fish and from the date of the memorandum (i.e., 50 CFR Part 17 Wildlife Service, Falls Church, VA March 21, 2021) for the purpose of 22041, telephone 703–358–2172. reviewing any questions of fact, law, [Docket No. FWS–R1–ES–2020–0050; Persons who use a telecommunications and policy the rules may raise. FF09E21000 FXES11110900000 212] device for the deaf (TDD) may call the In accordance with this direction, RIN 1018–BF01 FMCSA has decided to delay the Federal Relay Service at 800–877–8339. effective date of the final rule, Endangered and Threatened Wildlife SUPPLEMENTARY INFORMATION: ‘‘Rulemaking Procedures Update’’ (RIN and Plants; Revised Designation of I. Background 2126–AB96), until March 21, 2021. The Critical Habitat for the Northern final rule amends FMCSA’s rulemaking Spotted Owl; Delay of Effective Date On January 15, 2021, we published a procedures by revising the process for final rule (86 FR 4820) revising critical preparing and adopting rules and AGENCY: Fish and Wildlife Service, habitat for the northern spotted owl by petitions. Also, the Agency adds new Interior. excluding additional areas from definitions, and makes general ACTION: Final rule; delay of effective designation as critical habitat pursuant administrative corrections throughout date and request for comments. to the Secretary of the Interior’s its rulemaking procedures. The delay in authority under section 4(b)(2) of the the rule’s effective date will afford the SUMMARY: We, the U.S. Fish and ESA (16 U.S.C. 1531 et seq.). On January President’s appointees or designees an Wildlife Service, are delaying the 20, 2021, the White House issued a opportunity to review the rule and will effective date of a final rule we memorandum instructing Federal allow for consideration of any questions published on January 15, 2021, revising agencies to consider postponing the of fact, law, or policy that the rule may the designation of critical habitat for the effective date after January 20, 2021, of raise before it becomes effective. northern spotted owl (Strix occidentalis any rules that have published in the caurina) under the Endangered Species Federal Register but not yet taken effect, Waiver of Rulemaking and Delayed Act of 1973, as amended (ESA) (January for the purpose of reviewing any Effective Date 15, 2021, Final Rule). In addition, this questions of fact, law, and policy the Under the Administrative Procedure action opens a 30-day comment period rules may raise (86 FR 7424; January 28, Act (APA) (5 U.S.C. 553), FMCSA to allow interested parties to comment 2021) (‘‘Regulatory Freeze generally offer interested parties the on issues of fact, law, and policy raised Memorandum’’).

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One of our rules, the revised noted above, we are reviewing whether if any, the impacts of that delay would designation of critical habitat for the the Final Rule was a ‘‘logical be. northern spotted owl, was published in outgrowth’’ of the proposal and whether (3) Whether the Secretary’s the Federal Register but has not yet the public had fair notice and an conclusions and analyses in the January taken effect so it is subject to review (86 opportunity to comment on the 15, 2021, Final Rule were consistent FR 4820; January 15, 2021). A review of expansive change in both location and with the law, and whether the Secretary this rule is particularly warranted amount of areas excluded from critical properly exercised his discretion under because of the considerable change habitat, as well as the rationale for those section 4(b)(2) of the ESA in excluding between the proposed rule and the final changes. Extending the effective date of the areas at issue from critical habitat. rule. Specifically, on August 11, 2020, the January 15, 2021, Final Rule while (4) Whether, and with what the Service proposed a rule to exclude the Service reconsiders it may avoid supporting rationales, the Service 204,653 acres (82,820 hectares) in 15 unnecessary litigation challenging a rule should reconsider, amend, rescind, or counties in Oregon from the species’ that may change, which could conserve allow to go into effect the January 15, designated critical habitat (85 FR 4847; judicial, public, and agency resources. 2021, Final Rule. August 11, 2020). The final rule We are, therefore, delaying the II. Good Cause Under the excludes approximately 3,472,064 acres effective date of the final rule we Administrative Procedure Act (1,405,094 hectares) in 14 counties in published on January 15, 2021, that Washington, 21 counties in Oregon, and revised the designation of critical Our implementation of this action 10 counties in California from the habitat for the northern spotted owl extending the effective date of the species’ designated critical habitat (86 under the ESA (86 FR 4820), to give us revisions to the northern spotted owl FR 4820; January 15, 2021). The time to consider questions of law, critical habitat rule from March 16, additional areas excluded in the final policy, and fact in regard to that final 2021, until April 30, 2021, without rule (more than 3.2 million acres) and rule. The original effective date of the opportunity for public comment, the rationale for the additional rule was March 16, 2021; with this effective immediately upon publication exclusions were not presented to the document, we are delaying the effective in the Federal Register, is based on the public for notice and comment. We are date of the rule until April 30, 2021. good-cause exception provided in the considering whether the public had This 45-day delay of the January 15, Administrative Procedure Act (APA). appropriate notice in the proposed rule 2021, Final Rule—based on the good Pursuant to 5 U.S.C. 553(b)(B) and such that the determinations made in cause articulated below—is for the (d)(3), we have determined that good the final rule were a ‘‘logical outgrowth’’ purpose of reviewing any questions of cause exists to forgo the requirements to of the proposed rule. We note that fact, law, and policy that are raised by provide prior notice and an opportunity several members of Congress expressed that rule as well as the effect of the for public comment on this 45-day delay concerns regarding the additional delay, consistent with the Regulatory in the effective date of the January 15, exclusions, among other concerns, Freeze Memorandum and OMB 2021, Final Rule, and to make this which they identified in a February 2, Memorandum M–21–14. During this action announcing the delay effective 2021, letter to the Inspector General of period, we will continue to gather immediately. Under the totality of the the Department of the Interior seeking information to determine whether any circumstances presented here, notice review of the rule. further steps should be undertaken, and comment would be both We have also received at least two including whether there is a need to impracticable and contrary to the public notices of intent to sue from interested postpone the effective date further to interest because taking the time to parties regarding allegations of give us additional time to reconsider the provide for public notice and comment procedural defects (among other rule. To that end, we invite the public would prevent the Service from potential defects) with respect to our to submit comment on any issues of performing its functions, create rulemaking for the final critical habitat fact, law, or policy raised by the January confusion and disruption in the ESA exclusions. The Service has been sued 15, 2021, Final Rule, including, without section 7(a)(2) consultation process, and each time it has issued a final rule limitation, the following: thwart the conservation purposes of the regarding critical habitat for the (1) In a January 21, 2021, Act. northern spotted owl. These suits memorandum (OMB M–21–14) As noted above, we are reviewing include challenges to the initial addressing steps agencies should take in whether the determinations made in the designation in 1992 (57 FR 1796; response to the Regulatory Freeze final rule were a ‘‘logical outgrowth’’ of January 15, 1992) (see, e.g., Trinity Memorandum in reviewing recently the proposed rule. In addition, there has County Concerned Citizens v. Babbitt, finalized rules, OMB requires agencies been substantial litigation in the past on 1993 WL 650393 (D.D.C. 1993)), a to consider, among other things, critical habitat designations for this revision in 2008 (73 FR 47326; August whether the rulemaking process was species, and we have already received 13, 2008) (see Carpenters Industrial procedurally adequate, including by two notices of intent to sue to challenge Council v. Kempthorne, No. 1:08–cv– taking final action that was a logical the January 15, 2021, Final Rule. Our 01409 (D.D.C.)), and the revision in outgrowth of the proposal, and whether agency’s ‘‘due and required’’ execution 2012 (77 FR 71876; December 4, 2012) interested parties had a fair opportunity of its functions under the ESA would be (see Pacific Northwest Regional Council to present contrary facts and arguments. unavoidably prevented if we allow the of Carpenters v. Bernhardt, No. 1:13– We, therefore, invite comment on effective date to be triggered without the cv–00361 (D.D.C.)). whether you think procedural issues thorough review described above. See S. In light of the litigation history of exist in the January 15, 2021, Final Rule Doc. No. 248, 79th Cong., 2d Sess. At northern spotted owl critical habitat rulemaking process and if so, what 200 (1946). That is, if the January 15, designations, the clear intentions from those issues are and what the Service 2021, final exclusions from designated some parties to file suit to challenge the could do to remedy them. critical habitat of more than 3 million January 15, 2021, Final Rule, and other (2) Whether the Service should extend acres of northern spotted owl habitat questions raised, we are reviewing the effective date of the January 15, become effective, there is the potential whether the rulemaking was 2021, Exclusions Rule beyond April 30, that we will not have met our procedurally adequate. In particular, as 2021, and, if so, for how long and what, obligations under the Act to provide

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required protections for listed species. whether we should further extend the Rule would go into effect on March 16, See Tennessee Valley Authority v. Hill, effective date and, if so, how long the 2021. That would create the same issues 437 U.S. 153, 174 (1978) (in enacting the further extension should be. as discussed in the preceding ESA, it is ‘‘beyond doubt that Congress Finally, it is important to recognize paragraphs, i.e., prevent the Service intended endangered species to be that excluding areas from critical habitat from performing its functions, create afforded the highest of priorities’’). is not required by the ESA—the confusion and disruption in the ESA Specifically, once the exclusions authority to exclude particular areas section 7(a)(2) consultation process, and become effective, Federal agencies will from designations of critical habitat thwart the conservation purposes of the under the second sentence of section no longer be required to consult with ESA. the Service under section 7(a)(2) of the 4(b)(2) of the ESA is in the discretion of ESA to determine if agency actions will the Secretary. (In contrast, other duties We therefore conclude that we have result in the destruction or adverse relating to critical habitat are good cause to issue this final rule, modification of that formerly designated mandatory: The duty for the Service to effective immediately, extending the habitat. Federal agencies could thus designate critical habitat, 16 U.S.C. effective date of the January 15, 2021, proceed to undertake (or to authorize 1533(a)(3), and the duty of Federal Final Rule until April 30, 2021. others to undertake) activities that agencies to ensure that their actions are The White House memorandum also would remove that habitat before the not likely to result in the destruction or recommends that, for rules postponed Service has the opportunity to adverse modification of critical habitat, for further review, agencies consider 16 U.S.C. 1536(a)(2).) Therefore, a delay reconsider whether those exclusions opening a 30-day comment period to in the effective date of the final rule were appropriate in the first place. allow interested parties to provide Because the habitat is defined by excluding areas from critical habitat for the northern spotted owl does not delay comments about issues of fact, law, and forested stands, particularly of older policy raised by those rules, and trees, it cannot be replaced for many compliance with a mandate of the Act. Delaying the effective date of the consider any requests for decades once removed. Even if the final reconsideration involving such rules. exclusions rule were to become effective January 15, 2021, Final Rule, which Consistent with this guidance, this rule only briefly such that immediate purported to exercise that discretionary provides notice and invites public implementation of habitat-removal authority, simply preserves the status activities would be unlikely or limited, quo while we undertake additional comments on issues of fact, law, and having areas previously designated be review to ensure compliance with the policy raised by the rule, whether we excluded, then reconsidered and legal mandates and conservation should further extend the effective date, potentially included again, would cause purposes of the ESA. and, if so, how long the further In sum, we find that the totality of the confusion and disruption in the section extension should be. A delay in the circumstances here—the history of 7(a)(2) consultation process, again effective date and opening of a new 30- litigation and newly threatened suits, impeding the Federal agencies from day comment period is necessary to the potential for a ‘‘logical outgrowth’’ executing their conservation functions, ensure that the public has the problem in the final rule, and the threat and also affecting third parties reliant opportunity to provide, and the Service to the Service’s execution of its statutory on the Federal agency activities. is able to consider, additional comments functions, among other issues—indicate to fully inform the Service’s decisions in Allowing the January 15, 2021, Final that there is good cause to forgo notice light of current law and policy before Rule to take effect would also and comment procedures here because undermine the citizen-suit procedures it is impractical and contrary to the the January 15, 2021, Final Rule established in the statute. The Act public interest for the Service to provide becomes effective. provides that persons alleging a notice and an opportunity to comment Public Comments violation must provide 60-day notice of on an extension of the effective date of intent to sue (NOI) prior to filing suit. March 16, 2021, for the January 15, You may submit your comments and 16 U.S.C. 1540(g)(2)(C). The purpose of 2021, Final Rule. materials concerning this action by one the notice requirement is to provide We also find that there is good cause of the methods listed in ADDRESSES. agencies with ‘‘an opportunity to review to make this rule effective immediately Comments must be submitted to http:// their actions and take corrective instead of waiting until 30 days after www.regulations.gov before 11:59 p.m. measures if warranted.’’ Alliance for the publication for it to become effective. (Eastern Time) on the date specified in Wild Rockies v. USDA, 772 F.3d 592, The APA normally requires this 30-day DATES. We will not consider mailed 601 (9th Cir. 2014). As discussed above, ‘‘grace period’’ so as to give affected comments that are not postmarked by we have received NOIs that, among parties time to adjust their behavior the date specified in DATES. We will post other things, raise a substantial before a final rule takes effect. See, e.g., your entire comment—including your allegation of a notice-and-comment Riverbend Farms, Inc. v. Madigan, 958 personal identifying information—on defect in the January 15, 2021, Final F.2d 1479, 1485 (9th Cir. 1992). Rule. Upon initial review of the NOIs, However, the APA provides an http://www.regulations.gov. If you the Service has concluded that it needs exception to this 30-day grace period for provide personal identifying additional time to review the allegations good cause. 5 U.S.C. 553(d). There is information in your comment, you may in the NOIs to determine whether they good cause to allow this extension of the request at the top of your document that have merit. However, notice and January 15, 2021, Final Rule’s effective we withhold this information from comment on this delay of 45 days would date to go into effect immediately public review. However, we cannot prevent the Service from determining because it preserves the status quo, and guarantee that we will be able to do so. whether ‘‘corrective measures’’ are there is no change to which parties Comments and materials we receive will warranted before expiration of the 60- would need time to adjust their be available for public inspection on day period intended for this purpose. behavior. Further, if this rule extending http://www.regulations.gov. We are also considering whether we the effective date were itself not to may need more time for review, and as become effective for 30 days, it would noted above, therefore seek comment on mean that the January 15, 2021, Final

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Authority Written comments regarding the fisheries. The Rockfish Program as The authorities for this action are 16 burden-hour estimates or other aspects implemented under this final rule will U.S.C. 1361–1407; 1531–1544; and of the collection-of-information continue the LAPP management 4201–4245, unless otherwise noted. requirements contained in this final rule structure, and will provide the same may be submitted to NMFS Alaska benefits established under the previous Martha Williams, Region, P.O. Box 21668, Juneau, AK Rockfish Program implemented by Senior Advisor to the Secretary, Exercising 99802–1668, Attn: Glenn Merrill; in Amendment 88 to the GOA FMP (76 FR the Delegated Authority of the Director, U.S. person at NMFS Alaska Region, 709 81247, December 27, 2011). For more Fish and Wildlife Service. West 9th Street, Room 401, Juneau, AK; information about the background and [FR Doc. 2021–04209 Filed 2–26–21; 8:45 am] and to www.reginfo.gov/public/do/ history of this program, see the BILLING CODE 4333–15–P PRAMain. Find this particular preamble to the proposed rule (85 FR information collection by selecting 55243, September 4, 2020) and the ‘‘Currently under 30-day Review—Open Analysis (See ADDRESSES). DEPARTMENT OF COMMERCE for Public Comments’’ or by using the The Rockfish Program (1) assigns search function. quota share (QS) and cooperative quota National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: (CQ) to participants for primary and Administration Stephanie Warpinski, 907–586–7228. secondary species, (2) allows a SUPPLEMENTARY INFORMATION: NMFS participant holding an LLP license with 50 CFR Parts 679 and 680 published the Notice of Availability for rockfish QS to form a rockfish cooperative with other persons, (3) [Docket No. 2102190025] Amendment 111 in the Federal Register on July 27, 2020 (85 FR 15367), with allows holders of catcher/processor LLP RIN 0648–BJ73 public comments invited through licenses to opt-out of rockfish September 28, 2020. NMFS published cooperatives for a given year, (4) Fisheries of the Exclusive Economic the proposed rule to implement establishes a limited access fishery for Zone Off Alaska; Central Gulf of Alaska Amendment 111 in the Federal Register participants who do not participate in a Rockfish Program; Amendment 111 on September 4, 2020 (85 FR 55243) fishery cooperative for a given year, (5) with public comments invited through includes an entry level longline fishery AGENCY: National Marine Fisheries October 5, 2020. The Secretary of for persons who do not hold rockfish Service (NMFS), National Oceanic and Commerce approved Amendment 111 QS, (6) establishes constraints, Atmospheric Administration (NOAA), on October 22, 2020 after accounting for commonly known as sideboard limits, Commerce. information from the public, and for other non-Rockfish Program fisheries ACTION: Final rule. determining that Amendment 111 is that apply to vessels and LLP licenses consistent with the GOA FMP, the eligible to participate in the Rockfish SUMMARY: NMFS issues this final rule to Program, and (7) includes monitoring implement Amendment 111 to the Magnuson-Stevens Act, and other applicable laws. The FMP amendment and enforcement provisions. Fishery Management Plan for As summarized in Sections 2 and 3.5 Groundfish of the Gulf of Alaska text includes two grammatical errors that were not found prior to the of the Analysis (See ADDRESSES), the Management Area (GOA FMP) and a Rockfish Program provided greater regulatory amendment to reauthorize approval. These errors do not materially change the language in the FMP security to harvesters through the the Central Gulf of Alaska (CGOA) formation of rockfish cooperatives. Rockfish Program. This final rule retains amendment nor are these errors reflected in the regulatory text that this Fishing under cooperative management the conservation, management, safety, resulted in a slower-paced fishery that and economic gains realized under the final rule promulgates. The regulatory text accurately reflects the amendment’s allows a harvester to choose when to Rockfish Program and makes minor fish. The Rockfish Program also revisions to improve administration of intent. NMFS received ten comment letters on the proposed Amendment 111 provided greater stability for processors the Rockfish Program. This final rule is by spreading out production over a necessary to continue the conservation and the proposed rule. A summary of the comments and NMFS’ responses are longer period. Overall, the Rockfish benefits, improve efficiency, and Program provides greater benefits to provide economic benefits of the provided under the heading ‘‘Comments and Responses’’ below. shoreside processors, catcher/ Rockfish Program that would otherwise processors, CGOA fishermen, and expire on December 31, 2021. This final Background communities than were realized under rule is intended to promote the goals The following background sections the previous LLP management scheme. and objectives of the Magnuson-Stevens describe the Rockfish Program and the Fishery Conservation and Management Need for This Final Rule need for this final rule. Act, the GOA FMP, and other applicable Under Amendment 88, the current laws. The Rockfish Program Rockfish Program was given a 10-year DATES: This rule is effective on March This section provides a brief overview life span. The North Pacific Fishery 31, 2021. of the existing Rockfish Program. A Management Council (Council) ADDRESSES: Electronic copies of the detailed description of the Rockfish recommended this action to prevent the Environmental Assessment and the Program and its development is Rockfish Program from expiring on Regulatory Impact Review (collectively provided in the preamble to the December 31, 2021. This final rule referred to as the ‘‘Analysis’’) and the proposed rule and in Section 1.2 of the maintains the conservation Finding of No Significant Impact Analysis. management, safety, and economic prepared for this final rule may be The Rockfish Program is a type of benefits of the Rockfish Program and obtained from https:// limited access privilege program (LAPP) improves efficiency by making minor www.regulations.gov or from the NMFS developed to enhance resource revisions to existing regulations to Alaska Region website at https:// conservation and improve economic improve administrative provisions of www.fisheries.noaa.gov/region/alaska. efficiency in the CGOA rockfish the Rockfish Program.

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Unless otherwise noted, the cooperative, harvester CQ, or shoreside Additional detail describing the reauthorized Rockfish Program includes processor CQ use caps; impact of these recordkeeping and all regulatory provisions established • Exempting vessels from Crab reporting changes is included in the under the Rockfish Program Rationalization Program sideboard preamble of the proposed rule and in implemented by Amendment 88. These limits when fishing in the Rockfish Section 3.7 of the Analysis (See provisions include the existing Program; ADDRESSES). allocation of QS among the fishery • Removing catcher/processor This final rule adds regulations at participants, the process and rockfish program sideboard limits in the § 679.81(j) to authorize NMFS to requirements to fish in a cooperative, Western GOA rockfish fisheries; reallocate unharvested Pacific cod after sideboard limitations, and monitoring • Removing the requirement for a directed fishing under the Rockfish and reporting requirements. Section 1.7 trawl catcher vessel that has checked Program closes on November 15, of the Analysis describes the into and is participating in the Rockfish consistent with existing reallocation alternatives considered and Section Program fishery to stand down for three procedures for Pacific cod in the Gulf of 1.10.2 provides the rationale for the days when transiting from the BSAI to Alaska. Regulations at § 679.20(a)(12)(ii) reauthorized Rockfish Program. The the GOA while Pacific cod or pollock is allow NMFS to reallocate unused reader is referred to those sections of the open to directed fishing in the BSAI; Rockfish Program Pacific cod. Under Analysis (See ADDRESSES) for additional • Removing requirements for this provision, and taking into account details. shoreside processors under the Rockfish the capability of a sector to harvest the Amendment 111 to the GOA FMP and Program to provide an observer work reallocation, NMFS will allocate unused this final rule reauthorize the Rockfish station and observer communication Rockfish Program Pacific cod first to Program and address a variety of requirements; and catcher vessels, then to the combined catcher vessel and catcher/processor pot administrative and management issues • Making minor technical corrections sector, and then to all other catcher/ of the Rockfish Program. The specific to clarify the season dates for directed processor sectors. regulatory changes recommended by the fishing for Pacific cod under the Council and included in this final rule This final rule adds regulations at Rockfish Program, and updating § 679.81(j)(2), that authorize NMFS to are discussed in Section 1.6.2 of the references to dusky rockfish (Sebastes Analysis (See ADDRESSES) and include: reallocate unharvested rockfish species • variabilis) throughout regulations in 50 Incidental Catch Allowances (ICAs) to Removing the Rockfish Program CFR part 679. sunset date of December 31, 2021, with rockfish cooperatives. ICAs are set in The following section describes the the annual harvest specifications to the effect of allowing the Rockfish regulatory changes in greater detail. Program to continue indefinitely; account for incidental catch in other • Specifying that only shoreside This Final Rule fisheries so that the TAC will not be processors receiving Rockfish Program exceeded. Section 3.7.10 of the Analysis This section describes the changes to and the preamble of the proposed rule CQ must submit the Rockfish Ex-vessel current regulations included in this Volume and Value Report, rather than details the process of determining final rule. This final rule will modify reallocations of ICAs. If NMFS catcher/processors; regulations at § 679.80(a)(2) to remove • Modifying cooperative check-in determines there is not sufficient ICA to the expiration date of the Rockfish notice timing into the Rockfish Program reallocate, then no reallocation would Program. The Rockfish Program had a from 48 to 24 hours; occur. • Removing requirements that an 10-year authorization that required the This final rule adds regulations at annual Rockfish Program cooperative Council to review the Rockfish Program § 679.82(a)(1)(vi) to clarify that any report be submitted to NMFS. The and make any necessary changes to transfer of reallocated Rockfish Program Council requested that the Rockfish management based on that review, or ICAs or catcher/processor CQ to a Program cooperatives continue to allow the Rockfish Program to expire. catcher vessel cooperative does not voluntarily provide annual reports to This action responds to the Council’s apply when calculating catcher vessel the Council; review. use caps, including CV ownership, • Removing requirements for a This final rule modifies Rockfish cooperative CQ, harvester QS, or fishing plan to be submitted with a Program recordkeeping and reporting shoreside processor caps. Use caps are cooperative application for CQ; requirements to: (1) Amend regulations established to limit consolidation. • Requiring annual NMFS cost at § 679.5(r)(10)(i) to clearly state that (Please see the preamble of the proposed recovery reports in regulation; only shoreside processors taking rule and Section 3.7.11 of the Analysis • Allowing NMFS to reallocate deliveries of species harvested using for additional detail on use cap unharvested Pacific cod allocated to Rockfish Program CQ must submit the provisions.) Rockfish Program cooperatives to other Rockfish Ex-Vessel Volume and Value This final rule makes several changes non-Rockfish Program sectors after the Report; (2) modify cooperative check-in to regulations governing the sideboards Rockfish Program fisheries close on times from 48 to 24 hours at and other tools designed to protect other November 15, consistent with existing § 679.5(r)(8)(i)(A)(1); (3) remove the Gulf of Alaska fishery participants inseason management regulatory requirement for an annual Rockfish outside of the Rockfish Program. authorities; Program cooperative report to be Sideboards are limitations on the ability • Allowing NMFS to reallocate submitted to NMFS at § 679.5(r)(6), and of harvesters to harvest in fisheries other unused rockfish incidental catch § 679.81(i)(3)(xxv) and (xxvi); (4) than the CGOA rockfish fisheries. The allowances (ICA) to Rockfish Program remove the requirement for rockfish changes include: (1) Exempting cooperatives; cooperatives to submit a fishing plan Rockfish Program vessels from • Clarifying regulations regarding with annual applications for CQ at sideboard limits implemented under the accounting for inseason use caps to § 679.81(f)(4)(i)(D)(3); and (5) add a Crab Rationalization Program at specify that any transfer of unused regulation at § 679.85(g) that states § 680.22(a)(1); (2) removing the Western rockfish ICAs or catcher/processor CQ NMFS will annually publish a GOA directed fishing prohibition and to catcher vessel cooperatives does not mandatory rather than voluntary rockfish sideboard ratios at apply to catcher vessel ownership, Rockfish Program cost recovery report. § 679.82(e)(4) for Rockfish Program

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catcher/processors; and (3) as further rockfish throughout regulations in 50 § 679.82(e)(2) that would remove the discussed below, removing the CFR part 679 to update regulations reference to the WGOA in this requirement at § 679.23(h)(1) for a trawl consistent with changes that have paragraph. This modification to catcher vessel checked into and occurred to species categories since § 679.82(e)(2) would lift the existing participating in the Rockfish Program 2012 and the implementation of the prohibition on directed rockfish fishing fishery to stand down for three days Rockfish Program. Revising the in the WGOA for non-Amendment 80 when transiting from the BSAI to the references from pelagic shelf rockfish to catcher/processors, which was not GOA while Pacific cod or pollock is dusky rockfish within the regulations considered nor recommended by the open to directed fishing in the BSAI. In and FMP is consistent with existing Council. addition, NMFS also adds a clarifying protocols for the annual stock Response: NMFS acknowledges the technical revision to the remaining assessment and harvest specifications of respondent’s support for the change to information at § 679.82(e)(4) to remove dusky rockfish. sideboard ratios for the Western GOA at the table and reorganize the West This final rule clarifies at § 679.82(e)(4). NMFS agrees that the Yakutat District rockfish sideboard § 679.82(e)(9)(iii) that a rockfish proposed rule incorrectly proposed to ratios. cooperative may not exceed any deep- modify regulations at § 679.82(e)(2) by For this final rule, NMFS modifies water or shallow-water halibut PSC removing the words ‘‘Western GOA’’ in § 679.23(h)(1) to remove the 3-day stand sideboard limit assigned to that this paragraph. This error has been down requirement when a vessel moves cooperative. This clarification was corrected in this final rule. from the BSAI to the GOA and is meant to be included with the Rockfish Comment 3: A commenter requested checked-in and participating in a Program implemented by Amendment that NMFS further clarify regulations Rockfish Program cooperative. This 88 to the GOA FMP (76 FR 81247, implementing Amendment 88 to the revision removes a regulatory limitation December 27, 2011). If a cooperative GOA FMP (76 FR 81248, December 27, on vessels moving into the Rockfish uses halibut PSC fishing for rockfish in 2011). In the response to comment 31 in Program but does not increase potential the WGOA or the West Yakutat District, the final rule implementing Amendment harvests in other non-Rockfish Program any halibut PSC used will be debited 88 to the GOA FMP, NMFS responded fisheries. Vessels that are not from the deep-water complex halibut to three questions related to the participating in the Rockfish Program PSC limit assigned to that cooperative. application of the deep-water halibut must still comply with the 3-day stand Once a cooperative reaches its deep- complex halibut PSC sideboard. NMFS down. water halibut PSC sideboard limit, it stated in the final rule that if a This final rule modifies regulations at will be able to continue to fish for cooperative uses halibut PSC fishing for § 679.84(f)(1) to remove unnecessary rockfish in the Western GOA or West rockfish in the Western GOA or the requirements for shoreside processors to Yakutat District. This is further West Yakutat District, any halibut PSC maintain an observer workstation and explained in the response to comment 3 used will be debited from the deep- communications equipment. These in the ‘‘Comments and Responses’’ water complex halibut PSC limit requirements were originally section below as well as in the ‘‘Changes assigned to that cooperative. Once a implemented under the Rockfish Pilot from Proposed to Final Rule’’ section cooperative reaches its deep-water Program, which required that fisheries below. halibut PSC sideboard limit, it will be observers be stationed at shoreside able to continue to fish for rockfish in processors participating in the Rockfish Comments and Responses the Western GOA or West Yakutat Pilot Program. Observer requirements NMFS received 10 comment letters on District. However, reaching the deep- for shoreside processors were removed the NOA for Amendment 111 and the water halibut PSC limit would not with the implementation of the Rockfish proposed rule. NMFS has summarized prohibit the harvester from fishing for Program in 2012, making these and responded to 18 unique comments rockfish in the Western GOA or West equipment requirements no longer below. One of the comment letters Yakutat region. Any halibut PSC used necessary. received was outside the scope of the for fishing rockfish would be debited This final rule includes two proposed rule. The comments were from from the deep-water complex halibut additional technical corrections to individuals, environmental groups, and PSC limit assigned to that cooperative. regulations that clarify the season dates Rockfish Program cooperative In the final rule implementing for directed fishing for Pacific cod under participants. Amendment 88 to the GOA FMP, NMFS the Rockfish Program and updates clarified this by modifying regulations references to dusky rockfish throughout Comments on the Proposed Rule at § 679.7(n)(6)(iv) however, the the regulations. This final rule clarifies Comment 1: Several commenters commenter requested that NMFS update the season dates for directed fishing for expressed general support for the regulations at § 679.82(e)(9)(iii) to Pacific cod with trawl gear at reauthorization of the Rockfish Program further clarify this point in this rule as § 679.23(d)(3)(ii) by cross-referencing without a sunset date. Commenters intended in the final rule implementing the Rockfish Program season dates in support the reauthorization of the Amendment 88 to the GOA FMP. § 679.84(g). Current Rockfish Program Rockfish Program and the benefits the Response: NMFS agrees that this regulations at § 679.80(a)(3)(ii) specify Program has created for historical clarification is needed and this change that fishing by vessels participating in a harvesters, processors and the is included in this final rule. As further Rockfish Program cooperative is community of Kodiak. explained in the ‘‘Changes from authorized from 1200 hours, A.l.t., May Response: NMFS acknowledges this Proposed to Final Rule’’ section of this 1 through 1200 hours, A.l.t., November comment. final rule, NMFS adds a clarification at 15. To clarify this, NMFS modifies Comment 2: One commenter § 679.82(e)(9)(iii) that was meant to be regulations at § 679.23(d)(3)(ii) in this expressed support for the modification added in at the implementation of the final rule to reference the specific to § 679.82(e)(4), which removes the Rockfish Program through Amendment season dates authorized under the definition of sideboard ratios for 88 to the GOA FMP. Once a halibut PSC Rockfish Program. Rockfish Program catcher/processors in limit is reached by a rockfish This final rule changes references to the WGOA. However, the commenter cooperative, that cooperative is ‘‘pelagic shelf’’ rockfish to ‘‘dusky’’ does not support the proposed change to prohibited from directed fishing in the

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shallow-water or deep-water flatfish authorizes NMFS to reallocate Pacific Response: NMFS acknowledges this complex depending on which PSC cod and rockfish ICA’s that would comment. This final rule makes minor halibut sideboard had been reached in otherwise remain unharvested without administrative changes to the Rockfish in the Western GOA or the West Yakutat reallocation. These changes will Program, none of which modify the District. contribute to achieving optimum yield types of information that NMFS relies Comment 4: A commenter disagreed under National Standard 1 and on to make fishery management with the proposed changes to remove potentially reduce mandatory discards decisions. The Magnuson-Stevens Act observer coverage requirements and of these species in other fisheries. and the GOA FMP require, among other observer workstations under the Additional information is included in things, that fishery management Rockfish Program because data collected the preamble to the proposed rule and decisions be based on the best scientific by observers is necessary to investigate Sections 1.9.2, 3.7.2, and 3.7.10 in the information available. This final rule corruption in this fishery. Analysis (See ADDRESSES). does not change the data sources used Response: NMFS acknowledges the Comment 6: A commenter stated that to monitor the harvest of species commenter’s support for observer data proposed changes to regulations allocated under the Rockfish Program. collected in the Rockfish Program implementing the Rockfish Program, Comment 9: NMFS received several fisheries. However, NMFS disagrees that including changes to recordkeeping and comment letters addressing issues the requirement for a shoreside reporting requirements, appear to outside the scope of this action. processor to provide an observer increase unsustainable overharvesting of Commenters did not support this action workstation and communication the fisheries. because of the effects of fishing on equipment should not be removed. This Response: NMFS disagrees. Changes natural resources, including marine final rule maintains existing observer to recordkeeping and reporting mammals, and suggested that NMFS cut coverage requirements for all requirements are summarized in the all commercial fishing quota by 50 participants for the purpose of classification section of this final rule percent, ban trawling in the Gulf of monitoring the Rockfish Program and do not modify provisions of the Alaska, and stop fishing for Pacific cod fisheries as implemented under Rockfish Program that would affect entirely. Amendment 88 to the GOA FMP (76 FR NMFS’ ability to monitor fishery Response: These comments address 81248, December 27, 2011). However, as harvests under the Rockfish Program. management issues that are beyond the part of that 2011 action, observer These recordkeeping and reporting coverage requirements for shoreside scope of Amendment 111 and this changes clarify existing provisions of processors were removed but the regulatory action. This final rule does the program and remove unnecessary observer workstation and not change the process of allocating reporting requirements. These changes communication equipment quota or establishing TACs or sideboard are described in more detail in Section requirements inadvertently remained in limits under the Rockfish Programs, nor 3.7 of the Analysis (See ADDRESSES place. Without a requirement for ). does this final rule change specific observer coverage at shoreside Comment 7: We support the proposed management measures that govern the processors under the Rockfish Program revisions to remove unnecessary harvest of allocated species under the the observer workstation and reporting requirements. Removing the Rockfish Program, such as fishing communications equipment are not requirements to submit a fishing plan location, timing, effort, or authorized necessary and therefore these and to submit a cooperative report to gear types. This final rule removes the requirements are removed from NMFS will save industry unnecessary sunset date and makes minor changes to regulation in this final rule. These time as neither report is used in actively the regulations implementing the changes are further described in the managing the fishery. Although the Rockfish Program. The Magnuson- preamble to the proposed rule and Cooperative Manager will still give a Stevens Act and the GOA FMP require, Section 3.7.9 of the Analysis (See voluntary cooperative report/ among other things, that the Council ADDRESSES). presentation to the Council once per and NMFS manage fisheries to prevent Comment 5: A commenter stated that year to inform the Council and the overfishing while achieving, on a there is no such thing as ‘‘unused’’ fish public on the program’s and continuing basis, the optimum yield and asserts that NMFS should not be cooperative’s performance, we estimate from each fishery and base management authorized to reallocate any unused fish the time saved will be up to 25 hours decisions on the best scientific or Pacific cod under this Program. per year. We also support reducing the information available. The commenter Response: NMFS disagrees. Each year, submission time for a cooperative provided no information to support after consultation with the Council, check-in report from at least 48 hours to cutting commercial fishing quota by 50 NMFS publishes the final harvest at least 24 hours before the vessel begins percent off Alaska. Currently, specifications, to specify the total a fishing trip to help improve fishing commercial groundfish fisheries off allowable catch (TAC) for each target efficiency. Alaska are being responsibly managed groundfish species and apportionments Response: NMFS acknowledges this with conservative harvest strategies and thereof, Pacific halibut prohibited comment. provide important economic benefits to species catch (PSC) limits, and seasonal Comment 8: Two commenters suggest Alaskan communities. Additionally, in allowances of pollock and Pacific cod. that NMFS should not use information Section 2 of the Analysis prepared for ‘‘Unused’’ fish in this context means submitted by commercial fishermen for this action, NMFS considered impacts unharvested and refers to the amount of fisheries management. The commenters on endangered and threatened species catch for a particular species has been suggested that the changes to reporting and marine mammals (See ADDRESSES). specified for harvest up to the TAC or and recordkeeping requirements Comment 10: One commenter apportionment of the TAC but has not proposed by this action are inconsistent questioned how the quality of goods yet been fully harvested in the specified with the MSA and are likely to decrease would be affected by the slower fishing time period. Under the GOA FMP and the robustness of science-based times and if the industry will have to its implementing regulations, NMFS has components of the program and lead to deal with quality control declines as existing authority to reallocate increased accidental or intentional production slows, including training unharvested species. This final rule overfishing. procedures for this scenario.

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Response: Sections 3.5.7 and 3.5.8 in alaskanus), which is a secondary decisions. This final rule does not the Analysis describes rockfish species for both catcher vessel and change the data sources used to monitor products, markets, and associated catcher processor cooperatives. the harvest of species allocated under wholesale market values (See Response: NMFS acknowledges the the Rockfish Program. ADDRESSES). Section 4.1 of the Analysis error in the preamble of the proposed Comment 14: The MSA states that any goes into detail on how each National rule. The secondary species rationalized conservation efforts in the area must Standard is met (See ADDRESSES). The under the Rockfish Program include take into account any potential effects it Rockfish Program establishes CQ Pacific cod, rougheye rockfish, could have on surrounding fishing allocations that allow stakeholders and shortraker rockfish, sablefish, and communities. Fishing communities are groups of stakeholders to more thornyhead rockfish. The regulatory text defined as ‘‘a social or economic group efficiently utilize the CGOA resource correctly specifies Rockfish Program whose members reside in a specific relative to the limited access secondary species. In Section 2.2 of the location and share a common management that would go into place Analysis, thornyhead rockfish are dependency on commercial, with no action. Efficiency is enhanced discussed in detail as a secondary recreational, or subsistence fishing.’’ by allowing CQ holders to scale effort species (See ADDRESSES). This would include many of the region’s spatially and temporally to reduce costs Comment 13: The proposed regulation indigenous communities. Amendment and increase value. will undermine both the environmental 111 has not demonstrated sufficient In addition, there is a downward and economic protections Congress concern towards the cultural and health trend for rockfish products; however, it intended with the MSA by increasing impacts it will have on Alaska Native is attributed to currency valuation and the TACs while simultaneously communities. rising secondary processing costs, not removing the sensible reporting and Putting the area’s rockfish population slower fishing time. At this time, NMFS monitoring of this commercial activity. at risk of overharvesting would have is not aware of reduced quality control The past disasters, both for rockfish and direct negative impacts on Alaska under the Rockfish Program, either at for the people who depend on them for Native communities who have long this present time or at implementation their livelihood, show a clear need for depended on rockfish for nutritional of the Pilot Program, when the LAPP sensible common sense restrictions on and cultural needs. Lack of precautions was established. As such, NMFS does fishing and continued reporting to assure sustainable catch of rockfish not provide training procedures that mandates. populations could have negative address quality control in an established Response: One of the goals of the impacts on food insecurity. The LAPP. Rockfish Program is to enhance resource ambition of industry should not curtail Comment 11: One commenter conservation in the CGOA rockfish the cultural and subsistence use of wild questioned if this rule supports the fisheries. The Rockfish Program, as fish stocks by Native Alaskans. We common (or great) good and if this rule implemented by this rule and request that the agency review and is against the rights of other businesses Amendment 111 to the GOA FMP, weigh the impact that this rulemaking fishing in the area for their own continues the cooperative management will have on Native Alaskan productivity. structure that provides the fleet with communities. Response: In recommending tools to minimize bycatch to the extent Response: As explained in the Amendment 111, the Council practicable, reduce discards and response to comment 12, Amendment considered the 10 National Standards as improve utilization of groundfish 111 and this final rule do not contained in the Magnuson-Stevens Act. species. substantively change conservation and The National Standards are principles Overfishing Limits (OFLs) and TACs management of the species managed in with which fishery management plans are set each year with conservation in the CGOA Rockfish Program. Section and their implementing regulations mind. The Rockfish Program’s primary 2.2 of the Analysis and the response to must be consistent, thereby ensuring and secondary species are not subject to comment 12 describe how the GOA sustainable and responsible fishery overfishing and are not overfished; rockfish population is not at risk of management. Section 4.1 of the Analysis TACs are set in a precautionary manner. being overfished or subjected to goes into detail on how each National The current harvest specifications overfishing (See ADDRESSES). Standard is met (See ADDRESSES). This process and authorities for in-season This final rule and Amendment 111 final rule promotes National Standards management prevent overfishing and are consistent with National Standard 8 5 and 6, specifically, in terms of provide for the Rockfish Program to and maintain the existing management community and economic achieve optimum yield on a continuing structure of the Rockfish Program. As considerations. This final rule maintains basis. As described in the proposed rule described in Section 3.5.6 of the existing fish harvesting efficiencies and Section 2.2 of the Analysis, and this Analysis and the Social Impact under the Rockfish Program and final rule, harvest of Rockfish Program Assessment, no issues were identified modifies specific administrative quota will continue to be established by for this final rule that would put the provisions to improve operational the Council and NMFS through the sustained participation of any fishing efficiency of the Rockfish Program. The annual harvest specifications (85 FR communities, including Alaska Native Rockfish Program takes into account the 13802, March 10, 2020) (See communities, at risk. Implementing this unique nature of the CGOA rockfish ADDRESSES). Amendment 111 and this final rule would not change the fishery in terms of its timing during the final rule do not substantively change community protection measures built fishing year and value to the community conservation and management of the into the Rockfish Program and of Kodiak. The Rockfish Program allows species managed under the CGOA previously found to be functioning as the fishery to be prosecuted during a Rockfish Program. intended. The Rockfish Program is longer period of time and avoid As described in the response to likely to have continued beneficial conflicts with the salmon fisheries that comment 8, this final rule makes minor impacts on fishing communities. take place during July. administrative changes to the Rockfish Patterns of community participation in Comment 12: In the preamble of the Program, none of which modify the the CGOA rockfish fisheries are unlikely proposed rule, NMFS omitted mention types of information that NMFS relies to change with implementation of the of thornyhead rockfish (Sebastolobus on to make fishery management final rule. Among communities

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substantially engaged in and/or biomass on a continuing basis and are collection of information (OMB Control substantially dependent on the CGOA unlikely to affect the distribution of Number 0648–0545). First, the rockfish fisheries managed under the harvested stocks either spatially or commenter disagreed with the statement Rockfish Program, Kodiak is the most temporally such that it has an effect on that ‘‘the cooperative must form an centrally engaged in and dependent on the ability of the stock to sustain itself. association with the processor to which the fishery as measured by multiple Although the net effect of climate it historically delivered the most indices across multiple sectors of the change on fish resources is currently rockfish. The cooperative/processor fishery. Kodiak has experienced difficult to predict with accuracy, NMFS associations are intended to ensure that beneficial impacts across harvester, and the Council use the Ecosystem a cooperative lands a substantial portion processor, and support services sectors Status Reports (ESR) to track the status of its catch with its members’ historic because of the implementation of the and trends of ecosystem components processor.’’ This was the case during the Rockfish Program, relative to the pre- through a variety of indicators that are Rockfish Pilot Program. However, with Rockfish Pilot Program conditions, and synthesized through a blend of data the current Rockfish Program a has specifically benefitted from several analysis and modeling to produce cooperative must form an association community protection measures built ecosystem assessments. The ESR may with a processor within the city limits into the program. Although not all thus provide early warning signals of of Kodiak but that processor need not be individual operations have benefitted direct ecosystem impacts that may affect the member’s ‘‘historic’’ processor. equally from the change in qualifying fish resources, including rockfish Second, the supporting statement notes years between the Rockfish Pilot species that could warrant management that the Rockfish Program Vessel Check- Program and the Rockfish Program, no intervention or evidence of the efficacy In/Check-Out and Termination of substantial adverse sector-level or of previous management actions, as well Fishing Report and Application for community-level impacts resulting from as track performance in meeting the Rockfish Cooperative Fishing Quota the implementation of the Rockfish stated ecosystem-based management (CQ) may be submitted to NMFS more Program have been identified for the goals of the Council. often than quarterly. The commenter community of Kodiak. NMFS reviews the RFFAs, including thinks the Agency meant that the Comment 15: It is indicated within climate change, as described in the Application for Inter-Cooperative the EA that climate change is a Harvest Specifications Environmental Transfer of Rockfish Cooperative Quota reasonably foreseeable future action that Impact Statement (EIS) each year to and the Rockfish Program Vessel Check- may have an impact on primary and determine whether they occurred and, if In/Check-Out reports may be submitted secondary species located within the they did occur, whether they would more often than quarterly (these action area. Given this explicit change the analysis in the Harvest transfers and check ins/outs occur many understanding of the looming Specifications EIS of the impacts of the times over the season). The Application detrimental impacts of climate change, harvest strategy on the human for Rockfish Cooperative Fishing Quota even if the drastic increase in harvesting environment (See ADDRESSES). In is submitted only once per year and any does not single handedly reduce the addition, NMFS considers each year Termination of Fishing Report would be viability of the fish population, there is whether other actions not anticipated in submitted only once per year. minimal room for natural phenomena to the Harvest Specifications EIS occurred Response: NMFS agrees with these take place in combination with the that would have a bearing on the harvest changes, and they are reflected in the harvesting increase while maintaining a strategy or its impacts. Each year stock supporting statement for OMB Control viable fish stock that can support the assessment authors review the previous Number 0648–0545 associated with this industry. To ignore the risks of climate year’s ESR for factors that may impact final rule. change and resulting El Nin˜ o events on stock/complex biomass and summarize Comment 17: A commenter was the rockfish population coupled with those for the Plan Teams’ review. heartened to read that NMFS Alaska increasing harvest, and its potential to Indicators of concern can be highlighted Region is currently working on offering decimate this rockfish population as within each stock assessment and can submission of the Application for seen in the West Coast, suggest that the be used by the Groundfish Plan Teams Rockfish Cooperative Fishing Quota proposed rule should fully consider the and the Council to justify modification application online through eFISH. The risk of climate change and take more of allowable biological catch (ABC) use of eFISH for vessel check-in and restrictive conservational measures. recommendations or time/space check-outs and CQ transfers greatly Response: Section 2.2.3 of the EA allocations of catch. NMFS anticipates reduced the time and paperwork burden states that climate change is the only that current monitoring of groundfish for the cooperatives so they look reasonably foreseeable future action trends and environmental conditions forward to being able to submit the (RFFA) identified as likely to have an through selected key indicators, annual cooperative applications online impact on primary and secondary target reporting in the annual ESRs, and through eFISH. species allocated within the action area incorporation of this information into Response: NMFS acknowledges this and timeframe, the EA concludes that the annual stock assessments and the comment. ‘‘considering the direct and indirect harvest specification process is Comment 18: Note that the fishery impacts of the proposed action when currently sufficient to alert the Council management council in Alaska is the added to the impacts of past and present and NMFS managers to changes to North Pacific Fishery Management actions, previously analyzed in other rockfish population trends and Council (NPFMC), not ‘‘Alaska documents incorporated by reference, conditions. Council.’’ Note that the program is and the impacts of the RFFAs listed titled, ‘‘Central Gulf of Alaska Rockfish above, the cumulative impacts of the Comments on the Information Program,’’ not ‘‘Alaska Rockfish proposed action are determined to be Collection Supporting Statements for Program.’’ insignificant.’’ Effects of the action and OMB Control Numbers 0648–0678 and Response: In response to this RFFAs on the target species are 0648–0545 comment, the title of the information considered insignificant, because they Comment 16: A commenter identified collection for OMB Control Number are not expected to jeopardize the a couple changes to the supporting 0648–0678 has been changed from capacity of the stock to yield sustainable statement for the Rockfish Program Alaska Council Cooperative Annual

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Reports to North Pacific Fishery any halibut PSC used will be debited summary of compliance requirements Management Council Cooperative from the deep-water complex halibut that serves as the small entity Annual Reports to reflect the correct PSC sideboard limit assigned to that compliance guide for the Rockfish name of the regional fishery cooperative. Once a cooperative reaches Program: https://www.fisheries.noaa. management council. The title of the its deep-water halibut PSC sideboard gov/resource/document/central-gulf- information collection for OMB Control limit, it could continue to fish for alaska-rockfish-program-informational- Number 0648–0545 has been changed rockfish in the Western GOA or West guide. This rule does not require any from Alaska Rockfish Program: Permits Yakutat District because the Council additional compliance from small and Reports to Central Gulf of Alaska intended to limit the ability of entities that is not described in the Rockfish Program: Permits and Reports cooperatives to expand their harvests of preambles. Copies of this final rule are to refer to the correct name of the deep-water flatfish with the halibut PSC available from NMFS at the following program. sideboard limit beyond an amount that website: https://www.fisheries.noaa.gov/ could be supported by the proportion of region/alaska. Changes From Proposed to Final Rule the halibut PSC historically used by a Final Regulatory Flexibility Analysis There were two changes from the cooperative during 2000 through 2006. (FRFA) proposed to the final rule to correct an The Council did not intend to limit the error in the proposed rule for this action rockfish fisheries, which were fully This FRFA incorporates the Initial and to correct an error included in the harvested during this period. NMFS is Regulatory Flexibility Analysis (IRFA), a final rule implementing Amendment 88 clarifying that once the deep-water summary of the significant issues raised to the GOA FMP (76 FR 81248, halibut PSC sideboard limit it reached, by the public comments in response to December 27, 2011). cooperatives may not continue to fish the IRFA, NMFS’ responses to those The proposed rule inadvertently for deep-water species, except rockfish comments, and a summary of the proposed to remove the words ‘‘Western that are open for directed fishing, in the analyses completed to support the final Gulf of Alaska’’ in regulations at Western GOA or West Yakutat District rule. § 679.82(e)(2). Based on public comment and this is in response to a comment Section 604 of the Regulatory 2 above, the final rule does not remove received at the final rule stage. Any Flexibility Act (RFA) requires that, the words ‘‘Western Gulf of Alaska’’ at halibut PSC that continues to accrue in when an agency promulgates a final rule § 679.82(e)(2). The proposed change to the rockfish fishery by the cooperative under section 553 of Title 5 of the U.S. paragraph § 679.82(e)(2) would have in the WGOA and West Yakutat District Code (5 U.S.C. 553), after being required removed Western Gulf of Alaska will continue to accrue to the overall by that section or any other law to sideboard limits applicable to vessels deep-water species fishery halibut PSC publish a general notice of final operating in fisheries outside the limit for the GOA. rulemaking, the agency shall prepare a Rockfish Program. This proposed FRFA (5 U.S.C. 604). Section 604 change to paragraph (e)(2) would have Classification describes the required contents of a removed the Western Gulf of Alaska Pursuant to sections 304(b)(1)(A) and FRFA: (1) A statement of the need for directed fishing prohibition applicable 305(d) of the Magnuson-Stevens Act, the and objectives of the rule; (2) a to vessels operating in fisheries outside NMFS Assistant Administrator has statement of the significant issues raised the Rockfish Program. This is outside determined that Amendment 111 to the by the public comments in response to the scope of the action recommended by GOA FMP and this final rule are the IRFA, a statement of the assessment the Council and therefore this necessary for the conservation and of the agency of such issues, and a previously proposed change is not management of the CGOA Rockfish statement of any changes made to the included in this final rule. Program and are consistent with the proposed rule as a result of such The second change from proposed to GOA FMP, other provisions of the comments; (3) the response of the final rule corrects an inadvertent Magnuson-Stevens Act, and other agency to any comments filed by the omission in the final rule implementing applicable law. Chief Counsel for Advocacy of the Small Amendment 88 to the GOA FMP (76 FR This final rule has been determined to Business Administration (SBA) in 81248, December 27, 2011). Comment 3 be not significant for the purposes of response to the proposed rule, and a in this final rule provides support for Executive Order 12866. detailed statement of any change made this change. As originally described by to the proposed rule in the final rule as NMFS in the response to comment 31 Small Entity Compliance Guide a result of the comments; (4) a (76 FR 81248, December 27, 2011), this Section 212 of the Small Business description of and an estimate of the change clarifies that catcher/processors Regulatory Enforcement Fairness Act of number of small entities to which the are limited from expanding their 1996 states that, for each rule or group rule will apply or an explanation of why harvests of deep-water flatfish beyond of related rules for which an agency is no such estimate is available; (5) a an amount that could be supported by required to prepare a final regulatory description of the projected reporting, the proportion of the halibut PSC flexibility analysis (FRFA), the agency recordkeeping, and other compliance historically used by a cooperative. shall publish one or more guides to requirements of the rule, including an NMFS adds a clarification at assist small entities in complying with estimate of the classes of small entities § 679.82(e)(9)(iii) that was meant to be the rule, and shall designate such that will be subject to the requirement added in at the implementation of the publications as ‘‘small entity and the type of professional skills Rockfish Program through Amendment compliance guides.’’ The agency shall necessary for preparation of the report 88 to the GOA FMP (76 FR 81247, explain the actions a small entity is or record; and (6) a description of the December 27, 2011). A rockfish required to take to comply with a rule steps the agency has taken to minimize cooperative may not exceed any deep- or group of rules. The preambles to the the significant economic impact on water or shallow-water halibut PSC proposed rule and this final rule include small entities consistent with the stated sideboard limit assigned to that a detailed description of the actions objectives of applicable statutes cooperative. If a cooperative uses necessary to comply with this rule and including a statement of the factual, halibut PSC while fishing for rockfish in as part of this rulemaking process. policy, and legal reasons for selecting the WGOA or the West Yakutat District, NMFS has published on its website a the alternative adopted and why each

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one of the other significant alternatives Recordkeeping, Reporting, and Other Based upon the best available to the rule considered by the agency Compliance Requirements scientific data, and in consideration of which affect the impact on small the Council’s objectives of this action, it entities was rejected. This final rule will modify appears that there are no significant A description of this final rule and the recordkeeping and reporting alternatives to the final rule that have need for and objectives of this rule are requirements under the Rockfish the potential to accomplish the stated contained in the preamble to the Program to (1) clarify that only objectives of the Magnuson-Stevens Act proposed rule (85 FR 55243, September shoreside processors receiving Rockfish and any other applicable statutes and 4, 2020) and final rule and are not Program CQ must submit the Rockfish that have the potential to minimize any repeated here. Ex-vessel Volume and Value Report; (2) significant adverse economic impact of modify cooperative check-in times from Public and Chief Counsel for Advocacy the proposed rule on small entities. 48 to 24 hours; (3) remove the Comments on the IRFA After public process, the Council requirement for an annual Rockfish concluded that the proposed Rockfish An IRFA was prepared in the Program cooperative report to be Program will best accomplish the stated Classification section of the preamble to submitted to NMFS; (4) remove the objectives articulated in the preamble the proposed rule. The Chief Counsel requirement for rockfish cooperatives to for this final rule, and in applicable for Advocacy of the SBA did not file any submit a fishing plan with its annual statutes, and will minimize to the extent comments on the proposed rule. NMFS application for cooperative quota; and practicable adverse economic impacts received no comments specifically on (5) require NMFS to annually publish a on the universe of directly regulated the IRFA. Rockfish Program cost recovery report. small entities. Number and Description of Small These recordkeeping and reporting Duplicate, Overlapping, or Conflicting Entities Regulated by This Final Rule changes will clarify existing provisions Federal Rules of the program and remove unnecessary This final rule will directly regulate reporting requirements, slightly NMFS has not identified any the owners and operators of catcher duplication, overlap, or conflict vessels, catcher/processor vessels, and reducing the reporting burden for all directly regulated entities including between this final rule and existing shoreside processors eligible to Federal rules. participate in the CGOA Rockfish small entities. The impacts of these Program. In 2019 (the most recent year changes are described in more detail in Collection-of-Information Requirements Section 3.7 of the Analysis prepared for of complete data), 54 vessel owners This final rule contains collection-of- this final rule (See ADDRESSES). participated in the Rockfish Program, 19 information requirements subject to of which are considered small entities Description of Significant Alternatives review and approval by the Office of based on the $11 million threshold. No Considered to the Final Action That Management and Budget (OMB) under catcher/processor vessels are classified Minimize Adverse Impacts on Small the Paperwork Reduction Act (PRA). as small entities because their combined Entities This rule changes the existing gross income through affiliation with requirements for two collections of the Amendment 80 cooperative exceeds The final rule builds upon the information—OMB Control Numbers the $11 million first wholesale value Rockfish Pilot Program and the 0648–0678 (Alaska Council Cooperative threshold. In 2018 and 2019, six shore- previously implemented Rockfish Annual Reports) and 0648–0545 (Alaska based cooperatives were associated with Program. The Rockfish Pilot Program Rockfish Program: Permits and a unique shoreside processor under the was originally enacted through Reports)—and requests extension of Rockfish Program. Reliable information congressional direction to address OMB Control Number 0648–0545. is not available on ownership economic inefficiencies in the fishery affiliations among individual processing that primarily affected small entities. In OMB Control Number 0648–0678 operations or employment for the fish recommending this final rule, the This rule revises the information processors directly regulated by this Council considered two alternatives, as collection requirements contained in final rule. Therefore, NMFS assumes it evaluated the potential for the OMB Control Number 0648–0678 to that all of the processors directly continued rationalization of the CGOA remove the requirement for an annual regulated by this final rule could be rockfish fisheries. The two alternatives Rockfish Program cooperative report to small. Additional detail is included in are the ‘‘no action’’ alternative be submitted to NMFS. This Sections 3.5.5 and 3.9 in the Analysis (Alternative 1) that allows the Rockfish requirement is unnecessary, and prepared for this final rule (see Program to expire on December 31, 2021 removing it decreases the respondents’ ADDRESSES). and an action alternative (Alternative 2) reporting costs. Another revision, which In addition to the main program, this reauthorizing the Rockfish Program with is not connected to this final rule, final rule also maintains the ‘‘entry numerous alternative elements to removes the AFA Catcher Vessel level’’ fishery for the longline sector. address a suite of potential management Intercooperative Agreement as a Since participation in that fishery is revisions. The Council considered separate component of this collection voluntary, the number of small entities alternatives that would modify the because this is already included as an participating in future years cannot be duration of the Rockfish Program: (1) appendix to the AFA Annual Catcher reliably predicted. From 2012 to 2019, Remove the sunset date, or (2) Vessel Intercooperative Report, which is an average of 4 vessels targeted CGOA implement a new sunset date of 10 to approved under OMB Control Number rockfish in the entry level longline 20 years; and select from numerous 0648–0678. The public reporting burden sector. Participation in this fishery has alternative elements to revise is estimated to average per individual typically included vessels using jig gear administrative provisions of the response 40 hours for the AFA Annual and are considered small entities. Rockfish Program. The Council selected Catcher Vessel Intercooperative Report Therefore, it is likely that a substantial Alternative 2 with the suite of elements and 25 to 40 hours for the annual portion of the entry level longline included in this final rule to remove the Rockfish Program cooperative report fishery participants will be small sunset date and modify specific submitted to the Council. The burden entities. provisions of the Rockfish Program. hours reported in the proposed rule

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were erroneously reported in minutes searching existing data sources, species’’ and paragraph (1) of the instead of hours. This final rule gathering and maintaining the data definition for ‘‘Rockfish sideboard includes the accurate estimate of burden needed, and completing and reviewing limit’’, remove the words ‘‘pelagic shelf hours. The estimated burden hours for the collection of information. rockfish’’ and add in their place the the submission of cooperative reports to We invite the general public and other words ‘‘dusky rockfish’’. NMFS reduces the overall burden hour Federal agencies to comment on ■ 3. In § 679.5, remove and reserve estimate for this collection by 45 hours. proposed and continuing information paragraph (r)(6) and revise paragraph collections, which helps us assess the OMB Control Number 0648–0545 (r)(8)(i)(A)(1) and (r)(10)(i). impact of our information collection The revisions read as follows: This final rule revise the information requirements and minimize the public’s collection requirements contained in reporting burden. Written comments § 679.5 Recordkeeping and reporting OMB Control Number 0648–0545, and and recommendations for this (R&R). NMFS has requested an extension of information collection should be * * * * * this collection for three years. This submitted on the following website: (r) * * * collection contains three applications www.reginfo.gov/public/do/PRAMain. (8) * * * and reports used by Rockfish Program Find these particular information (i) * * * cooperatives to apply for cooperative collections by using the search function fishing permits, transfer cooperative and entering either the title of the (A) * * * quota, and manage cooperative fishing collection or the OMB Control Number (1) At least 24 hours prior to the time activity. This collection is necessary for (0648–0678 or 0648–0545). the catcher vessel begins a fishing trip NMFS to effectively administer and Notwithstanding any other provision to fish under a CQ permit; or monitor compliance with the of the law, no person is required to * * * * * management provisions of the Rockfish respond to, nor shall any person be (10) * * * Program. subject to penalty for failure to comply (i) Applicability. A rockfish processor This rule removes the requirement for with, a collection of information subject (as defined at § 679.2) that receives and a rockfish cooperative to submit a to the requirement of the PRA, unless purchases landings of rockfish CQ fishing plan with its Application for that collection of information displays a groundfish must submit annually to Rockfish Cooperative Fishing Quota. No currently valid OMB control number. NMFS a complete Rockfish Ex-vessel change is made to the estimated Volume and Value Report, as described reporting burden or costs for this List of Subjects in this paragraph (r)(10), for each application as the estimate allows for 50 CFR Part 679 reporting period for which the rockfish differences in the time needed to complete and submit the application. Alaska, Fisheries, Reporting and processor receives rockfish CQ This rule also reduces the time for a recordkeeping requirements. groundfish. Rockfish Program catcher vessel to 50 CFR Part 680 * * * * * submit a cooperative check-in report Alaska, Fisheries, Reporting and § 679.20 [Amended] from 48 hours to 24 hours before the start of a fishing trip. This does not recordkeeping requirements. ■ 4. In § 679.20, in paragraph change the estimated reporting burden Dated: February 19, 2021. (d)(1)(vi)(C)(1), remove the words or costs for this report. These changes Samuel D. Rauch, III, ‘‘pelagic shelf rockfish’’ and add in their are necessary to remove unnecessary Deputy Assistant Administrator for place the words ‘‘dusky rockfish’’. reporting requirements. Regulatory Programs, National Marine ■ 5. In § 679.23, revise paragraphs The respondents are the seven Fisheries Service. (d)(3)(ii) introductory text and (h)(1) to Rockfish Program cooperatives; the For the reasons set out in the read as follows: estimated total annual burden hours are preamble, 50 CFR parts 679 and 680 are 35 hours; and the estimated total annual amended as follows: § 679.23 Seasons. cost to the public for recordkeeping and * * * * * reporting costs is $35. PART 679—FISHERIES OF THE (d) * * * Public reporting burden per EXCLUSIVE ECONOMIC ZONE OFF (3) * * * individual response is estimated to ALASKA average 2 hours for the Application for (ii) Trawl gear. Subject to other Rockfish Cooperative Fishing Quota; 10 ■ 1. The authority citation for 50 CFR provisions of this part, directed fishing minutes for the Application for Inter- part 679 continues to read as follows: for Pacific cod with trawl gear in the Cooperative Transfer of Rockfish Western and Central Regulatory Areas is Authority: 16 U.S.C. 773 et seq.; 1801 et authorized only during the following Cooperative Quota; and 10 minutes for seq.; 3631 et seq.; Pub. L. 108–447; Pub. L. the Rockfish Program Vessel Check-In/ 111–281. two seasons except as authorized in Check-Out and Termination of Fishing Subpart G of this Section under the Report. § 679.2 [Amended] Rockfish Program: The public reporting burden includes ■ 2. In § 679.2, in paragraph (1) of the * * * * * the time for reviewing instructions, definition for ‘‘Rockfish Program (h) * * *

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If you own or operate a catcher You are prohibited from subse- vessel and fish for groundfish with quently deploying trawl gear in Until *** trawl gear in the *** the ***

(1) BSAI while pollock or Pacific Western and Central GOA regu- 1200 hours A.l.t. on the third day after the date of landing or transfer cod is open to directed fishing in latory areas. of all groundfish on board the vessel harvested in the BSAI, unless the BSAI. you are engaged in directed fishing for Pacific cod in the GOA for processing by the offshore component or if checked-in and participating in a CGOA Rockfish Program cooperative.

* * * * * (B) The amount of additional CQ § 679.84 Rockfish Program recordkeeping, ■ 6. In § 679.80 revise the paragraph (a) issued to each rockfish cooperative = permits, monitoring, and catch accounting. subject heading and remove and reserve Amount of Central Gulf of Alaska * * * * * paragraph (a)(2). rockfish species available for (f) * * * The revision reads as follows: reallocation to rockfish cooperatives × (1) Catch monitoring and control plan (Amount of CQ for that Central Gulf of (CMCP). The owner or operator of a § 679.80 Allocation and transfer of Alaska rockfish species initially shoreside processor receiving deliveries rockfish QS. assigned to that rockfish cooperative/S from a catcher vessel described in * * * * * CQ for that Central Gulf of Alaska § 679.51(a)(2) must ensure the shoreside (a) Applicable areas and seasons— rockfish species initially assigned to all processor complies with the CMCP * * * * * rockfish cooperatives in the respective requirements described in § 679.28(g) ■ 7. In § 679.81, remove and reserve sector). except the requirements for an observer paragraph (f)(4)(i)(D)(3), remove ■ 8. In § 679.82: workstation and communication with paragraphs (i)(3)(xxv) and (xxvi), and ■ a. Add paragraph (a)(1)(vi); observer as specified in add paragraph (j). ■ b. In paragraphs (d)(3) and (e)(2), § 679.28(g)(7)(vii) and (viii). The addition reads as follows: remove the words ‘‘pelagic shelf * * * * * § 679.81 Rockfish Program annual rockfish’’ and add in their place the ■ 10. In § 679.85, add paragraph (g) to harvester privileges. words ‘‘dusky rockfish’’; and read as follows: ■ c. Revise paragraphs (e)(4) and * * * * * (e)(9)(iii). § 679.85 Cost recovery. (j) Reallocations—Annual reallocation The addition and revisions read as of Central Gulf of Alaska rockfish * * * * * follows: species— (g) Annual report. Each year, NMFS (1) Pacific cod. After the Rockfish § 679.82 Rockfish Program use caps and will publish a report describing the Program fisheries close on November sideboard limits. rockfish program cost recovery fee program. 15, the Regional Administrator may (a) * * * reallocate any unused amount of Pacific (1) * * * PART 680—SHELLFISH FISHERIES OF cod from the Rockfish Program to other (vi) Any transfer of reallocated THE EXCLUSIVE ECONOMIC ZONE sectors through notification in the rockfish ICA (as authorized under OFF ALASKA Federal Register consistent with § 679.81(j)(2)) or catcher/processor CQ regulations at § 679.20(a)(12)(ii). to a catcher vessel cooperative does not ■ 11. The authority citation for part 680 (2) Rockfish ICAs—(i) General. The apply to catcher vessel ownership, continues to read as follows: Regional Administrator may reallocate a cooperative, harvester CQ, or shoreside portion of a Central GOA rockfish ICAs Authority: 16 U.S.C. 1862; Pub. L. 109– processor CQ use caps. 241; Pub. L. 109–479. to rockfish cooperatives if the amounts * * * * * ■ assigned to the Central GOA rockfish (e) * * * 12. In § 680.22, revise paragraph (a)(1) ICAs are projected not to be harvested (4) West Yakutat District rockfish introductory text to read as follows: or used. The timing of a reallocation sideboard ratios. The rockfish sideboard will be at the discretion of the Regional § 680.22 Sideboard protections for GOA ratio for each rockfish fishery in the groundfish fisheries. Administrator. West Yakutat District is an established (ii) Reallocation of Central Gulf of * * * * * percentage of the TAC for catcher/ (a) * * * Alaska rockfish ICA species. If, during processors in the directed fishery for a fishing year, the Regional (1) Vessels subject to GOA groundfish dusky rockfish and Pacific ocean perch. sideboard directed fishing closures. Any Administrator determines that a These percentages are confidential. reallocation of a portion of the ICAs of vessel that NMFS has determined meets Central Gulf of Alaska rockfish species * * * * * one or both of the following criteria is to rockfish cooperatives is appropriate, (9) * * * subject to GOA groundfish sideboard the Regional Administrator will issue a (iii) A rockfish cooperative may not directed fishing closures issued under revised CQ permit to reallocate that exceed any deep-water or shallow-water paragraph (e) of this section except amount of Central Gulf of Alaska halibut PSC sideboard limits assigned to when participating in the Rockfish rockfish species to rockfish cooperatives that cooperative when directed fishing Program authorized under part 679, according to the following: for species other than rockfish. subpart G, of this chapter. (A) Catcher vessel rockfish * * * * * * * * * * cooperatives will be given priority for ■ 9. In § 679.84, revise paragraph (f)(1) [FR Doc. 2021–03859 Filed 2–26–21; 8:45 am] reallocation; and to read as follows: BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 86, No. 38

Monday, March 1, 2021

This section of the FEDERAL REGISTER A. Instructions The changes will maximize the contains notices to the public of the proposed All comments must be in writing and effectiveness of USAID’s claim- issuance of rules and regulations. The collection procedures. purpose of these notices is to give interested submitted through one of the methods persons an opportunity to participate in the specified in the ADDRESSES section II. Regulatory Findings rule making prior to the adoption of the final above. All submissions must include the rules. title of the action and RIN for this Executive Orders 12866, 13563, and rulemaking. Please include your name, 13771 title, organization, postal address, USAID has drafted this proposed rule AGENCY FOR INTERNATIONAL telephone number, and email address in in accordance with Executive Orders DEVELOPMENT the text of the message. (E.O.s) 12866 and 13563, which direct Please note that USAID recommends Federal Departments and Agencies to 22 CFR Part 213 sending all comments to the Federal assess all the costs and benefits of RIN 0412–AA96 eRulemaking Portal because security- available regulatory alternatives and, if screening precautions have slowed the regulation is necessary, to select Claims—Collection Regulation delivery and dependability of surface regulatory approaches that maximize AGENCY: U.S. Agency for International mail to USAID in Washington, DC. net benefits (including potential Development. USAID will make comments available economic, environmental, public health at http://www.regulations.gov for public and safety effects, distributive impacts, ACTION: Proposed rule. review without change, including any and equality). E.O. 13563 emphasizes SUMMARY: The U.S. Agency for personal information provided. We the importance of quantifying both costs International Development (USAID) recommend that you do not submit and benefits, of reducing costs, of seeks public comment on a proposed information that you consider harmonizing rules, and of promoting rule to revise its regulation on claims Confidential Business Information (CBI) flexibility. USAID has reviewed the collection in its entirety to incorporate or any information otherwise protected regulation to ensure its consistency with applicable statutory and regulatory from disclosure by statute. the regulatory philosophy and provisions and to make other changes. USAID will only address substantive principles set forth in E.O.s 12866 and Specifically, an amendment made by comments on the rule. USAID might not 13563 and finds that the benefits of the Digital Accountability and consider comments that are issuing this rule outweigh any costs, Transparency Act of 2014 (DATA Act) insubstantial or outside the scope of the which the Agency assesses to be requires USAID to refer to the Secretary proposed rule. minimal. The Office of Information and of the Treasury all past-due, legally B. Request for Comments Regulatory Affairs within the Office of enforceable, non-tax debt that are over Management and Budget (OMB/OIRA) 120 days delinquent. The changes will USAID requests comments on its has determined that this rule is not a maximize the effectiveness of USAID’s proposed rule to revise our claim- ‘‘significant regulatory action’’ as claim-collection procedures. collection regulations to comply with defined in E.O. 12866 and, accordingly, the Digital Accountability and DATES: Comments must be received no has not reviewed it. OMB/OIRA also has Transparency Act of 2014 (DATA Act) later than March 31, 2021. determined that this rule is not an and to update claims-collections ‘‘economically significant regulatory ADDRESSES: Address all comments definitions and references. concerning this proposed rule to action’’ under Section 3(f)(1) of E.O. Dorothea Malloy, Office of the Chief I. Background 12866. This proposed rule is not subject Financial Officer, United States Agency to the requirements of E.O. 13771 This rulemaking proposes revisions to because OMB has determined it to be for International Development, 1300 part 213 of title 22 of the Code of Pennsylvania Avenue NW, USAID non-significant within the meaning of Federal Regulations (CFR), USAID’s E.O. 12866. Annex, Room 8.80C, Washington, DC claim-collection regulation, to conform 20523. Submit comments, identified by to a statutory requirement that Federal Regulatory Flexibility Act title of the action and Regulatory Departments and Agencies must refer all USAID certifies that this rule will not Information Number (RIN) by any of the past-due, legally enforceable, non-tax have a significant economic impact on following methods: debt that is delinquent for more than a substantial number of small entities. 1. Through the Federal eRulemaking 120 days, including non-tax debt Consequently, the Agency has not Portal at http://www.regulations.gov by administered by a third party that is prepared a regulatory-flexibility following the instructions for submitting acting as an agent for the Federal analysis. comments. Government, to the Secretary of the 2. By mail, addressed to USAID, Treasury for the purposes of Small Business Regulatory Enforcement Office of the Chief Financial Officer, administrative offset. The proposed rule Fairness Act 1300 Pennsylvania Avenue NW, USAID also updates claims-collection This rule is not a ‘‘major rule’’ as Annex, Room 8.80C, Washington, DC definitions to align with the Debt defined by the Small Business 20523. Collection Improvement Act of 1996, Regulatory Enforcement Fairness Act of FOR FURTHER INFORMATION CONTACT: and specifies that the Bureau of the 1996 (Section 804(2) of Title 5 of the Dorothea Malloy, Telephone: (202) 916– Fiscal Service is the Agency within the United States Code [U.S.C.]). This rule 2518; or Email: [email protected]. U.S. Department of the Treasury to will not result in an annual effect on the SUPPLEMENTARY INFORMATION: which USAID refers delinquent debts. U.S. economy of $100 million or more;

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a major increase in costs or prices; or PART 213—CLAIMS COLLECTION (6) Claims that appear to be significant adverse effects on fraudulent, false, or misrepresented by a competition, employment, investment, ■ 1. The authority citation for part 213 party with an interest in the claim productivity, innovation, or on the is revised to read as follows: except to the extent provided in § 213.4. ability of U.S.-based companies to Authority: 22 U.S.C. 2381(a); 31 U.S.C. ■ 4. Amend § 213.2 by revising compete with foreign-based companies 902(a); 31 U.S.C. 3701–3719; 5 U.S.C. 5514; paragraphs (d) through (o) and adding in domestic and import markets. 31 CFR part 285; 31 CFR parts 900 through paragraphs (p) through (s) to read as 904. follows: Unfunded Mandates Reform Act ■ 2. Revise the heading for subpart A to § 213.2 Definitions. This proposed rule will not result in read as follows: the expenditure by State, local, and * * * * * tribal governments, in the aggregate, or Subpart A—General Provisions (d) Claim (or Debt) means an amount by the private sector, of $100 million or of money, funds, or property that a ■ 3. Revise § 213.1 to read as follows: more in any year, and it will not USAID official has determined to be due significantly or uniquely affect small § 213.1 Purpose and scope. the United States from any person, governments. Therefore, USAID has (a) Purpose. This part prescribes organization, or entity, except another deemed no actions were necessary standards and procedures for the Federal Department or Agency. As used under the provisions of the Unfunded collection and disposal of claims due to in this part, the terms ‘‘debt’’ and Mandates Reform Act of 1995 (2 U.S.C. the United States from the U.S. Agency ‘‘claim’’ are synonymous and 1531 et seq.). for International Development (USAID). interchangeable. (e) CFO means the Chief Financial Executive Order 13132 This part covers USAID’s administrative actions to collect claims/debts Officer of USAID or a USAID official This rule will not have a substantial (including administrative and salary delegated by the CFO to act on the direct effect on the States, on the offsets; compromise; suspension or CFO’s behalf. relationship between the National termination of collection actions; (f) Compromise means that the Government and the States, or on the transfer and/or referral of claims to the creditor Agency accepts less than the distribution of power and U.S. Departments of the Treasury and full amount of an outstanding debt in responsibilities among the various Justice). The terms ‘‘claim’’ and ‘‘debt’’ full satisfaction of the entire amount of levels of government. In accordance are synonymous and interchangeable. the debt. (g) Creditor Agency means the Federal with E.O. 13132, USAID has determined They refer to an amount of money, that this rule does not have sufficient funds, or property that an appropriate Department or Agency to which the debt federalism implications to warrant the USAID official has determined to be due is owed, including a debt-collection preparation of a Federalism Summary to the United States from any person, center when acting on behalf of a Impact Statement. organization, or entity except another creditor Agency in matters pertaining to the collection of a debt. Executive Order 12988 Federal Department or Agency. (b) Scope. The standards and (h) Debtor means an individual, In accordance with E.O. 12988, the procedures in this part are applicable to organization, association, corporation, Office of the General Counsel at USAID all claims and debts for which a statute, or a State or local government indebted has determined that this rule does not regulation, or contract does not to the United States, or a person or unduly burden the judicial system and prescribe different standards or entity with legal responsibility for meets the requirements of Sections 3(a) procedures. assuming the debtor’s obligation. and 3(b)(2) of the Executive order. (c) Applicability. This part does not (i) Delinquent debt means any debt that is past due and is legally Executive Order 13175 apply to USAID: (1) Claims arising out of loans for enforceable. A debt is past due if it has USAID has determined that this rule which compromise and collection not been paid by the date specified in would not have substantial direct effects authority is conferred by Section the Agency’s initial written demand for on one or more Indian Tribes, the 635(g)(2) of the Foreign Assistance Act payment notice or applicable agreement relationship between the Federal of 1961, as amended; or instrument (including a post- Government and Indian Tribes, or the (2) Claims arising from investment- delinquency payment agreement) unless distribution of power and guaranty operations for which the parties involved have made other responsibilities between the Federal settlement and arbitration authority is satisfactory payment arrangements. Government and Indian Tribes (E.O. conferred by Section 635(l) of the (j) Discharge of indebtedness means 13175). Foreign Assistance Act of 1961, as the release of a debtor from personal liability for a debt. Further collection Paperwork Reduction Act amended; (3) Claims against any foreign country action is prohibited. This rule does not contain or any political subdivision thereof, or (k) Disposable pay means that part of information-collection requirements, any public international organization; current basic pay, special pay, incentive and therefore a submission to OMB (4) Claims where the Chief Financial pay, retired pay, retainer pay, or, in the under the Paperwork Reduction Act of Officer (CFO) determines that the case of an employee not entitled to basic 1995 (44 U.S.C. 3501 et seq.) is not achievement of the purposes of the pay, other authorized pay, which required. Foreign Assistance Act of 1961, as remains after the deduction of any amount required by law to be withheld List of Subjects in 22 CFR Part 213 amended, or any other provision of law administered by USAID require a (other than deductions to execute Claims, Government employees, different course of action; garnishment orders) in accordance with Income taxes, Wages. (5) Claims owed USAID by other 5 CFR parts 581 and 582. Among the For the reasons stated in the Federal Departments and Agencies. legally required deductions that must be preamble, USAID proposes to amend Such debts will be resolved by applied first to determine disposable part 213 of title 22 of the CFR as negotiation between the Departments/ pay are levies pursuant to the Internal follows: Agencies; and Revenue Code (Title 26 of the United

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States Code) and deductions described resolution of audit findings under grants the records of USAID. Other appropriate in 5 CFR 581.105(b) through (f). These or contracts; or appeal provisions under action may proceed the written demand deductions include, but are not limited grants or contracts). for payment notice, including to, Social Security withholdings; * * * * * immediate referral to DOJ for litigation, Federal, State, and local tax when such action is necessary to protect withholdings; health-insurance § 213.5 [Redesignated as § 213.4 and the Federal Government’s interest. Amended] premiums; retirement contributions; * * * * * and life-insurance premiums. ■ 7. Redesignate § 213.5 as § 213.4 and (l) Employee means a current U.S. revise newly redesignated § 213.4 to § 213.9 [Redesignated as § 213.8 and Direct-Hire employee of the Federal read as follows: Amended] Government, including a current ■ 12. Redesignate § 213.9 as § 213.8 and § 213.4 Fraud claims. member of the Armed Forces or a amend newly redesignated § 213.8 by: Reserve of the Armed Forces. (a) The CFO will refer a claim that ■ a. Revising the section heading and (m) Employee salary offset means the appears to be fraudulent, false, or paragraphs (a) introductory text, (a)(4), administrative collection of a debt by misrepresented by a party that has an (5), (7), (8), (10), and (11); deductions at one or more officially interest in the claim to the USAID Office ■ b. Adding paragraph (a)(12); and established pay intervals from the of Inspector General (OIG). The OIG has ■ c. Revising paragraph (b). current pay account of an employee the responsibility for investigating or The revisions and addition read as without the employee’s consent. referring the matter, where appropriate, follows: (n) Person means an individual, firm, to the U.S. Department of Justice (DOJ). The OIG has the responsibility to § 213.8 Written demand for payment partnership, corporation, association, notice. and, except for purposes of provide the results of the investigation administrative offsets under subpart C on a timely basis to the CFO for any (a) When an Agency official of this part and interest, penalties, and further action. determines that a debt is owed to administrative costs under subpart B of (b) The CFO will not administratively USAID, the Agency sends a written this part, includes State and local compromise, terminate, or suspend demand for payment notice to the governments and Indian tribes and collection action, or otherwise dispose debtor. Unless otherwise provided by components of tribal governments. of a claim that appears to be fraudulent, agreement, contract, or order, the (o) Recoupment is a special method false, or misrepresented by a party that written demand for payment notice for adjusting debts that arise under the has an interest in the claim, without the informs the debtor of: same transaction or occurrence. For approval of DOJ. * * * * * (4) Any rights available to the debtor example, obligations that arise under § 213.6 [Redesignated as § 213.5 and the same contract generally are subject Amended] to review the debt, or to have recovery of the debt waived (by citing the to recoupment. ■ 8. Redesignate § 213.6 as § 213.5 and (p) Suspension means the temporary available review or waiver authority, the revise newly redesignated § 213.5 to cessation of active debt collection conditions for review or waiver, and the read as follows: pending the occurrence of an effects of the review or waiver request anticipated event. § 213.5 Subdivision of claims not on the collection of the debt); (q) Termination means the cessation authorized. (5) The date on which debt payment of all active debt-collection action for USAID will not subdivide a claim to is due, which will be not more than 30 the foreseeable future. avoid the $100,000 limit on the days from the date the written demand- (r) Waiver means the decision to forgo Agency’s authority to compromise a for-payment notice is mailed or hand- the collection of a debt owed to the claim, suspend collection action on a delivered; United States, as provided for by a claim, or terminate collection action on * * * * * specific statute and according to the a claim. A debtor’s liability that arises (7) The debt is considered delinquent standards set out under that statute. from a particular transaction or contract if it is not paid on the due date provided (s) Withholding order means any is a single claim. in the initial written demand-of- order for the withholding or payment notice; garnishment of pay issued by USAID or § 213.7 [Redesignated as § 213.6] (8) The imposition of interest charges, a judicial or administrative body. For ■ 9. Redesignate § 213.7 as § 213.6. penalties, and administrative costs that the purposes of this part, ‘‘wage- ■ 10. Revise the heading for subpart B USAID may assess against a delinquent garnishment order’’ and ‘‘garnishment to read as follows: debt, and the date when such charges order’’ have the same meaning as apply; Subpart B—Collection Actions ‘‘withholding order.’’ * * * * * § 213.3 [Removed] § 213.8 [Redesignated as § 213.7 and (10) The Agency will refer delinquent Amended] debt unpaid at 90 days from the initial ■ 5. Remove § 213.3. ■ 11. Redesignate § 213.8 as § 213.7 and written demand for payment notice to § 213.4 [Redesignated as § 213.3 and amend newly redesignated § 213.7 by the Bureau of the Fiscal Service (Fiscal Amended] revising paragraph (a) to read as follows: Service) within the U.S. Department of ■ 6. Redesignate § 213.4 as § 213.3, and the Treasury. Statute requires the amend newly redesignated § 213.3 by § 213.7 Collection—general. referral of delinquent debt to Fiscal revising paragraph (a) to read as follows: (a) The CFO takes action to collect all Service no later than 120 days from the debts owed the United States that arise initial written demand-for-payment § 213.3 Other remedies. out of USAID’s activities, and to reduce notice. Fiscal Service will use means (a) This part does not supersede or debt delinquencies. Collection actions available to the Federal Government for require the omission or duplication of may include sending at least one written collecting a debt, including administrative proceedings required by demand for payment notice to the administrative wage-garnishment, the contract, statute, or regulation (e.g., debtor’s last-known address provided in use of collection agencies, and reporting

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the indebtedness to a credit-reporting by revising paragraph (b) to read as (3) The CFO may make a decision to bureau (see § 213.15); follows: waive interest, penalties, or (11) The address, telephone number, administrative costs at any time. § 213.10 Aggressive collection actions; and name of the person available to documentation. § 213.13 [Redesignated as § 213.12 and discuss the debt; and * * * * * Amended] (12) The possibility of referral to DOJ ■ for litigation if USAID cannot collect the (b) USAID documents all 16. Redesignate § 213.13 as § 213.12 debt administratively. administrative collection actions in the and revise newly redesignated § 213.12 to read as follows: (b) USAID will respond promptly to claim file, along with the basis for any compromise, termination, or suspension written communications from the § 213.12 Interest, penalties, and debtor, generally within 30 days of of collection actions. USAID retains this administrative costs pending consideration receipt of such a communication. documentation, which may include the of debt waiver or review. Claims-Collection Litigation Report Interest, penalties, and administrative § 213.10 [Redesignated as § 213.9 and (CCLR) provided in § 213.24, in the costs will continue to accrue on a debt Amended] appropriate debt file. during a review by USAID and during ■ 13. Redesignate § 213.10 as § 213.9 § 213.12 [Redesignated as § 213.11 and a waiver of indebtedness consideration and amend newly redesignated § 213.9 Amended] by the Agency; except that USAID will by revising the section heading and ■ 15. Redesignate § 213.12 as § 213.11 not assess interest, penalties, and paragraphs (a) and (c) and adding (e) to administrative costs where a statute or read as follows: and amend newly redesignated § 213.11 by revising the section heading and a regulation specifically prohibits the § 213.9 Agency review requirements. paragraphs (a)(1) and (e) to read as collection of the debt during the period follows: of the Agency’s review or consideration (a) For purposes of this section, of a debt waiver. whenever USAID must afford a debtor a § 213.11 Interest, penalties, and ■ 17. Add new § 213.13 to read as review within the Agency, USAID shall administrative costs. follows: provide the debtor with a reasonable (a) *** opportunity for a review when the § 213.13 Waivers of indebtedness. (1) Interest begins to accrue on all debtor requests reconsideration of the The CFO may grant waivers of debt in question. The review may delinquent debts starting from the day after the payment due date established indebtedness for certain types of debt include the examination of documents, identified in Federal statutes under the internal discussions with relevant in the initial written demand-for- payment notice to the debtor. USAID following waiver authorities: officials, and discussion by letter or (a) Waiver authorities—(1) Debts that orally with the debtor, at USAID’s will assess an annual rate of interest that is equal to the U.S. Department of the arise out of erroneous payments of pay discretion. For the offset of current and allowances, and of travel, Federal salary under 5 U.S.C. 5514 for Treasury Current Value of Funds Rate (CVFR) unless a different rate is transportation, and relocation expenses certain debts, an employee may request and allowances. Title 5 U.S.C. 5584 an outside hearing. See §§ 213.21 and necessary to protect the interest of the Federal Government. USAID will notify provides the authority for waiving, in 213.22 when USAID is the creditor whole or in part, debts that arise out of Agency. the debtor of the basis for its finding that a different rate is necessary to erroneous payments of pay or * * * * * protect the interest of the Government. allowances, travel, transportation, or (c) This section does not require an relocation expenses and allowances to oral hearing with respect to debt * * * * * an employee of USAID, if collection collection in which the agency has (e) Waivers for the collection of would be against equity and good determined that review of the written interest, penalties, and administrative conscience, or not in the best interests record is an adequate means to correct costs. (1) The CFO will waive the of the United States: a prior mistake. collection of interest and administrative (i) The CFO may not grant a waiver charges on the portion of the debt paid * * * * * if there exists in connection with the within 30 days after the date on which (e) If, after review, USAID either claim an indication of fraud, interest begins to accrue. The CFO may misrepresentation, fault, or lack of good sustains or amends its determination, it extend this 30-day period, on a case-by- shall notify the debtor of its intent to faith on the part of the employee or any case basis, when he or she determines other person who has an interest in collect the sustained or amended debt. that such action is in the best interest of The notification to collect the sustained obtaining a waiver. the Federal Government. A decision to (ii) Fault is considered to exist if, in or amended debt will include accrued extend or not to extend the payment interest on the sustained or amended light of the circumstances, the employee period is final, and is not subject to knew, or should have known through debt, calculated from the date of further review. delinquency. If USAID has suspended the exercise of due diligence, that an (2) The CFO may (without regard to collection actions previously, it will re- error existed, but he or she failed to take the amount of the debt) waive the institute them unless it receives corrective action. What an employee collection of all or part of accrued payment of the sustained or amended should have known is evaluated under interest, penalties, or administrative amount, or the debtor has made a a reasonable-person standard. However, costs, when he or she determines that— proposal for a payment plan to which employees are expected to have a the Agency agrees, by the date specified (i) A waiver is justified under the general understanding of the Federal in the notification of USAID’s decision. standards for the compromise of claims pay system applicable to them. under § 213.25; or (iii) An employee with notice that a § 213.11 [Redesignated as § 213.10 and (ii) Collection of these charges would payment might be erroneous is expected Amended] be against equity and good conscience, to make provisions for eventual ■ 14. Redesignate § 213.11 as § 213.10 or is not in the best interest of the repayment. Financial hardship is not a and amend newly redesignated § 213.10 United States. basis for granting a waiver for an

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employee who was on notice of an (3) Debts that arise out of employee and good conscience, or against the erroneous payment. training expenses. Title 5 U.S.C. 4108 public interest: (iv) If the deciding official finds no provides the authority for waiving, in (i) Factors to consider when indication of fraud, misrepresentation, whole or in part, a debt that arises out determining if recovery of a debt that fault, or lack of good faith on the part of employee training expenses if it is arises out of the Student-Loan of the employee or any other person shown that recovery would be against Repayment Program would be against who has an interest in obtaining a equity and good conscience, or against equity and good conscience, or against waiver of the claim, the employee is not the public interest: the public interest, include, but are not automatically entitled to a waiver. (i) Factors to consider when limited to, the following: Before granting a waiver, the deciding determining if recovery of a debt that (A) Death of the employee; official also must determine that arises out of employee training expenses (B) Retirement of the employee for collection of the claim against an would be against equity and good disability; employee would be against equity and conscience, or against the public (C) Inability of the employee to return good conscience, or not in the best interest, include, but are not limited to, to duty because of disability (supported interests of the United States. Factors to the following: by an acceptable medical certificate); consider when determining if collection (A) Death of the employee; and of a claim against an employee would be (B) Retirement of the employee for (D) Whether failure to repay would against equity and good conscience, or disability; result in unfair gain to the employee. not in the best interests of the United (C) Inability of the employee to return (ii) [Reserved] States, include, but are not limited to, to duty because of disability (supported (b) [Reserved] ■ 18. Amend § 213.14 by revising the the following: by an acceptable medical certificate); (A) Whether collection of the claim and introductory text to read as follows: would cause serious financial hardship (D) Whether failure to repay would § 213.14 Contracting for collection to the employee from whom the Agency result in unfair gain to the employee. services. (ii) [Reserved] seeks collection; USAID has entered into a cross- (4) Under-withholding of life- (B) Whether, because of the erroneous servicing agreement with the Bureau of insurance premiums. Title 5 U.S.C. payment, the employee either has the Fiscal Service (Fiscal Service) of the 8707(d) provides the authority for relinquished a valuable right or changed U.S. Department of the Treasury. Fiscal waiving the collection of unpaid positions for the worse, regardless of his Service is authorized to take all deductions that result from the under- or her financial circumstances; appropriate action to enforce the withholding of premiums under the (C) The time elapsed between the collection of accounts referred to it in Federal Employees’ Group Life erroneous payment and the discovery of accordance with applicable statutory Insurance Program if the individual is the error and notification of the and regulatory requirements. Fiscal without fault and recovery would be employee; Service bases any applicable fees on the against equity and good conscience, or (D) Whether failure to make funds collected, and will collect such restitution would result in unfair gain to against the public interest: (i) Fault is considered to exist if, in fees from the debtor along with the the employee; and original amount of the indebtedness. (E) Whether recovery of the claim light of the circumstances, the employee After referral, Fiscal Service will be would be unconscionable under the knew, or should have known through solely responsible for the maintenance circumstances. the exercise of due diligence, that an of the delinquent debtor records in its (2) Debts that arise out of advances in error existed, but he or she failed to take possession, and for updating the pay (5 U.S.C. 5524a); situations of corrective action: accounts as necessary. Fiscal Service Authorized or Ordered Departures (5 (ii) Factors to consider when may take any of the following collection U.S.C. 5522); or allowances and determining whether the recovery of actions on USAID’s behalf: differentials for employees stationed unpaid deduction that results from abroad (5 U.S.C. 5922). Title 5 U.S.C. under-withholding would be against * * * * * 5524a, 5522, or 5922 provide authority equity and good conscience, or against ■ 19. Amend § 213.15 by revising the for waiving, in whole or in part, a debt the public interest, include, but are not section heading, introductory text, and that arises out of such an advance limited to, the following: paragraphs (b) introductory text, payment if it is shown that recovery (A) Whether collection of the claim (b)(2)(ii) and (iii), and (c) and removing would be against equity and good would cause serious financial hardship paragraph (d) to read as follows: conscience, or against the public to the individual from whom the § 213.15 Use of credit-reporting bureaus. Agency seeks collection; interest: USAID reports delinquent debts owed (i) Factors to consider when (B) The time elapsed between the to it to appropriate credit-reporting determining if recovery of an advance failure to withhold properly and the bureaus through the cross-servicing payment would be against equity and discovery of the failure and notification agreement with the Bureau of the Fiscal good conscience, or against the public of the individual; Service (Fiscal Service) at the U.S. interest, include, but are not limited to, (C) Whether failure to make Department of the Treasury. the following: restitution would result in unfair gain to (A) Death of the employee; the individual; and * * * * * (B) Retirement of the employee for (D) Whether recovery of the claim (b) Before referring claims to Fiscal disability; would be unconscionable under the Service and disclosing debt information (C) Inability of the employee to return circumstances. to credit-reporting bureaus, USAID will to duty because of disability (supported (5) Student-Loan Repayment Program have done the following: by an acceptable medical certificate); service agreements. Title 5 U.S.C. 5379 * * * * * and provides for waiving, in whole or in (2) * * * (D) Whether failure to repay would part, debt that arises from the Student- (ii) If the debtor does not pay the debt result in unfair gain to the employee. Loan Repayment Program if it is shown 90 days after receiving the initial (ii) [Reserved] that recovery would be against equity written demand-for-payment notice,

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USAID intends to refer the debt to Fiscal Department or Agency from amounts (n) introductory text, and (n)(1) and (3) Service and disclose to a credit- due or payable by USAID to the debtor, to read as follows: reporting agency the information or may request another Federal authorized for disclosure by this Department or Agency to offset a debt § 213.22 Salary offset when USAID is the subpart; and owed to USAID. The CFO, through creditor Agency. (iii) The debtor can request an Agency USAID’s cross-servicing arrangement * * * * * review or waiver, where applicable. with the Bureau of the Fiscal Service (c) * * * (c) Before submitting information to a (Fiscal Service) within the U.S. (4) An explanation of the credit-reporting bureau, USAID will Department of the Treasury, may requirements concerning interest, provide a written statement to Fiscal request the Internal Revenue Service to penalties, and administrative costs; Service that the Agency has taken all offset an overdue debt from a Federal required actions. Additionally, Fiscal income-tax refund due to the debtor. * * * * * Service thereafter will update the Fiscal Service may also garnish the (9) That the filing of a request for accounts as necessary during the period salary of a private-sector employee hearing within 15 days of receipt of the it holds the account information. when reasonable attempts to obtain original notification will stay the § 213.17 [Amended] payment have failed. USAID will make assessment of interest, penalties, and ■ 20. Amend § 213.17 in the first interagency offsets from an employee’s administrative costs, and the sentence by adding the words ‘‘or she’’ salary in accordance with the commencement of collection after the word ‘‘he.’’ procedures contained in §§ 213.22 and proceedings; 213.23. * * * * * § 213.19 [Amended] * * * * * (d) Request for a hearing. An ■ 21. Amend § 213.19 in the first (d) Review of a decision to offset the employee may request a hearing by sentence of paragraph (a) by removing debt. (1) USAID will not offset the debt filing a written, signed request to the the word ‘‘penalty’’ and adding while a debtor is seeking review of the Office of the Chief Financial Officer, ‘‘penalties,’’ in its place. debt under this section, or under ■ United States Agency for International 22. Revise the heading for subpart C another statute, regulation, or contract. to read as follows: Development, 1300 Pennsylvania However, interest, penalties, and Avenue NW, USAID Annex, Room Subpart C—Administrative and Salary administrative costs will continue to 8.80D, Washington, DC 20523–4601. Offset accrue during this period, unless The request must state the basis upon otherwise waived by the CFO. The CFO which the employee disputes the ■ 23. Amend § 213.20 by: may initiate offset as soon as practical ■ proposed collection of the debt. The a. Revising paragraphs (a)(1), (a)(2)(ii), after the completion of a review, or after employee must sign the request, and (a)(3)(i), and (b); a debtor waives the opportunity to USAID must receive it within 15 days ■ b. Removing paragraph (c); request review. ■ c. Redesignating paragraphs (d) of his or her receipt of the notification through (h) as paragraphs (c) through * * * * * of proposed deductions. The employee (g); ■ 24. Amend § 213.21 by revising should submit, in writing, all facts, ■ d. Revising newly redesignated paragraph (b) to read as follows: evidence, and witnesses that support his paragraphs (d) heading and (d)(1); and or her position to the CFO within 15 ■ e. In newly redesignated paragraphs § 213.21 Employee salary offset—general. days of the date of the request for a (f)(1) and (f)(2)(ii), removing ‘‘creditor * * * * * hearing. The CFO will arrange for the agency’’ and adding ‘‘creditor Agency’’ (b) Scope. The provisions of this services of a hearing official not under in its place. section apply to collection by salary the control of USAID, and will provide The revisions read as follows: offset under 5 U.S.C. 5514 of debts owed the hearing official with all documents USAID and debts owed to other Federal relating to the claim. § 213.20 Administrative offset of non- employee debts. Departments and Agencies by USAID’s * * * * * employees. USAID will make every (f) Form of hearing, written response, * * * * * effort reasonably and lawfully possible (a) * * * and final decision. (1) Normally, a (1) The CFO collects debts by to collect administratively any amounts hearing will consist of the hearing administrative offset only after USAID owed by its employees prior to initiating official’s making a decision based on a has sent the debtor a written demand- collection by salary offset. An amount review of the claims file and any for-payment notice that outlines the advanced to an employee for per diem materials submitted by the debtor. type and amount of the debt, the or mileage allowances in accordance However, in instances in which the intention of the Agency to use with 5 U.S.C. 5705, but not used for hearing official determines that the administrative offset to collect the debt, allowable travel expenses, is recoverable validity of the debt turns on an issue of and explaining the debtor’s rights under from the employee by salary offset veracity or credibility that the review of 31 U.S.C. 3716. without regard to the due-process documentary evidence cannot resolve, (2) * * * provisions in § 213.22. This section does the hearing official, at his or her (ii) The opportunity for a review not apply to debts for which another discretion, may afford the debtor an within USAID of the Agency’s decision statute collection explicitly provides for, opportunity for an oral hearing. Such an related to the claim(s); and or prohibits, salary offset (e.g., travel oral hearing will consist of a conference advances under 5 U.S.C. 5705 and * * * * * before a hearing official in which the (3) * * * employee-training expenses under 5 employee and the Agency will have the (i) The offset is in the nature of a U.S.C. 4108). opportunity to present evidence, recoupment; * * * * * witnesses, and argument. If desired, the * * * * * ■ 25. Amend § 213.22 by revising the employee may be represented by an (b) Interagency offset. The CFO may section heading and paragraphs (c)(4) individual of his or her choice. The offset a debt owed to another Federal and (9), (d), (f) heading, (f)(1), (g), (k)(1), Agency shall maintain a summary

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record of oral hearings provided under ■ 26. Amend § 213.23 by: reasonable time by enforced collection the procedures in this section. ■ a. Revising the section heading; proceedings; * * * * * ■ b. Removing ‘‘creditor agency’’ and (3) The cost of collecting the debt (g) Request for waiver. In certain ‘‘creditor agency’s’’ and adding does not justify the enforced collection instances, an employee may have a ‘‘creditor Agency’’ and ‘‘creditor of the full amount; or statutory right to request a waiver of Agency’s’’, respectively, in their places (4) There is significant doubt overpayment of pay or allowances (e.g., everywhere they appear; and concerning the Government’s ability to 5 U.S.C. 5584 or 5 U.S.C. 5724(i)). When ■ c. Revising paragraph (b). prove its case in court; an employee requests waiver The revisions read as follows: (b) In evaluating the debtor’s inability consideration under a right authorized to pay, the CFO may consider, among § 213.23 Salary offset when USAID is not other factors, the following: by statute, the Agency will suspend the creditor Agency. further collection on the debt until it (1) Age and health of the debtor; * * * * * makes a final administrative decision on (2) Present and potential income; (b) Requests to USAID by another the waiver request. However, when it (3) Inheritance prospects; Agency to offset salary. Requests for (4) The possibility that assets have appears that an employee’s resignation, salary offset must be sent to the Office been concealed or improperly termination, or other action may of the Chief Financial Officer, United transferred by the debtor; prejudice the Government’s ability to States Agency for International (5) The availability of assets or recover the debt, the suspension of Development, 1300 Pennsylvania income which may be realized by recovery is not required. During the Avenue NW, USAID Annex, Room enforced collection proceedings; or period of the suspension, USAID will 8.80D, Washington, DC 20523–4601. (6) The applicable exemptions not assess interest, penalties, charges, available to the debtor under State and and administrative costs against the * * * * * ■ Federal law in determining the Federal debt. The Agency will not duplicate, for 27. Revise the heading for subpart D Government’s ability to enforce purposes of salary offset, any of the to read as follows: collection; procedures already provided the debtor Subpart D—Compromise of Claims (c) The CFO may compromise a claim, under a request for waiver. See § 213.13. or recommend acceptance of a ■ * * * * * 28. Revise § 213.24 to read as follows: compromise to DOJ, where there is (k) * * * § 213.24 General. significant doubt concerning the Federal (1) Deductions to liquidate an Government’s ability to prove its case in employee’s debt will begin on the date The CFO may compromise claims for money or property when the principal court for the full amount of the claim, stated in the Agency’s written demand- either because of the legal issues for-payment notice of intention to balance of a claim, exclusive of interest, penalties, and administrative costs, does involved or because of a bona fide collect, from the employee’s current pay dispute as to the facts. The amount unless he or she has paid the debt or not exceed $100,000. Where the claim exceeds $100,000, the authority to accepted in compromise in such cases filed a timely request for a hearing on will fairly reflect the probability of issues for which a hearing is accept the compromise rests with DOJ. The CFO may reject an offer of prevailing on the legal issues involved, appropriate. considering fully the availability of * * * * * compromise in any amount. DOJ’s approval is not required if the Agency witnesses and other evidentiary data (n) Interest, penalties, and required to support the Government’s administrative cost. USAID will assess rejects a compromise offer. When the claim exceeds $100,000 and the CFO claim. In determining the litigative risks interest, penalties, and administrative involved, USAID will give proportionate costs on debts collected under the recommends acceptance of a compromise offer, he or she will refer weight to the likely amount of court procedures in this section. Interest, costs and attorney fees the Government penalties, and administrative costs will the claim with his or her recommendation to DOJ for approval. could incur if it is unsuccessful in continue to accrue during the period litigation; that the debtor is seeking a review of the The referral may be in the form of the Claims-Collection Litigation Report (d) The CFO may compromise a debt or requesting a waiver. The claim, or recommend acceptance of a following guidelines apply to the (CCLR) and will outline the basis for USAID’s recommendation. USAID refers compromise to DOJ, if the cost of assessment of these costs on debts collection does not justify the enforced collected by salary offset: compromise offers for claims in excess of $100,000 to the Commercial collection of the full amount of the debt. (1) USAID will start to assess interest The amount accepted in compromise in on all debts not collected by the Litigation Branch of the Civil Division of the Department of Justice, such cases may reflect an appropriate payment due date specified in the initial discount for the administrative and written demand-for-payment notice. Washington, DC 20530, unless otherwise provided by DOJ’s delegations litigative costs of collection, taking into USAID will waive the collection of consideration the time it will take to interest and administrative charges on or procedures. ■ 29. Revise § 213.25 to read as follows: effect collection. Costs of collection the portion of the debt paid within 30 might be a substantial factor in the days after the date on which interest § 213.25 Standards for the compromise of settlement of small claims, but normally begins to accrue. claims. will not carry great weight in the * * * * * (a) The CFO may compromise a claim settlement of large claims. In (3) Deductions by administrative pursuant to this section if USAID cannot determining whether the cost of offset normally begin prior to the time collect the full amount because: collection justifies enforced collection for assessment of a penalty. Therefore, (1) The debtor is unable to pay the full of the full amount, USAID may consider USAID will not assess a penalty charge amount of the debt within reasonable the positive effect that enforced unless deductions occur more than 90 time, as verified through credit reports collection of the claim could have on days from the due date in the initial or other financial information; the collection of other similar claims; written demand-for-payment notice. (2) The Federal Government is unable (e) To assess the merits of a * * * * * to collect the debt in full within a compromise offer, the CFO should

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obtain a current financial statement Bankruptcy Code for any payments Subpart G—Referrals to the U.S. from the debtor, executed under penalty provided under a plan of reorganization. Department of Justice of perjury, that shows the debtor’s The CFO will seek legal advice by the ■ assets, liabilities, income and expense; Office of the USAID General Counsel if 38. Amend § 213.37 by revising the and he or she believes that any claims or section heading and paragraph (a) to (f) The CFO may compromise offsets might have survived the read as follows: statutory penalties, forfeitures, or debts discharge of a debtor. § 213.37 Referrals to the U.S. Department established as an aid to enforcement, of Justice. Subpart F—Discharge of Indebtedness and to compel compliance, when he or (a) The CFO, through USAID’s cross- and Reporting Requirements she determines that accepting the offer servicing agreement with Fiscal Service will serve the Agency’s enforcement ■ 35. Revise § 213.35 to read as follows: and by direct action, refers to DOJ for policy adequately, in terms of litigation all claims on which the deterrence and securing compliance § 213.35 Discharging indebtedness— Federal Government has taken (both present and future). general. aggressive collection actions but which Subpart E—Suspension or Termination (a) Before discharging a delinquent could not be collected, compromised, of Collection Action debt (also referred to as a close out of suspended, or terminated. USAID makes the debt), the CFO must take all such referrals as early as possible, § 213.29 [Amended] appropriate steps to collect such debt, consistent with aggressive Agency ■ 30. Amend § 213.29 by removing including (as applicable), the following: collection action, and within the period for bringing a timely suit against the ‘‘penalty charges’’ and adding (1) Administrative offset; ‘‘penalties,’’ in its place. debtor. Unless otherwise provided by ■ 31. Amend § 213.30 by: (2) Tax-refund offset; DOJ’s regulations or procedures, USAID ■ a. Revising the section heading; (3) Offset of Federal salary; refers for litigation debts of more than ■ b. In paragraph (c), adding the words (4) Referral to private collection $2,500 but less than $1 million to DOJ’s ‘‘or her’’ after ‘‘his’’; and contractors; Nationwide Central Intake Facility, as ■ c. Revising paragraphs (d) required by the instructions for the (5) Referral to Federal Departments or introductory text and (e). Claims-Collection Litigation Report Agencies that are operating a debt- The revisions read as follows: (CCLR). USAID shall refer debts of more collection center; than $1 million to the Civil Division at § 213.30 Standards for suspension of (6) Reporting delinquencies to credit- DOJ. collection action. reporting bureaus; * * * * * * * * * * (7) Garnishing the wages of a ■ (d) The CFO may suspend collection 39. Revise the heading for subpart H delinquent debtor; and activities on debts of $100,000 or less to read as follows: (8) Litigation or foreclosure. during the pendency of a permissive Subpart H—Mandatory Transfer of waiver or administrative review when (b) The CFO will make a Delinquent Debt to U.S. Department of there is no statutory requirement and he determination that collection action is the Treasury or she determines that: no longer warranted and request that * * * * * litigation counsel release any liens of ■ 40. Revise § 213.38 to read as follows: (e) The CFO will decline to suspend record that are securing the debt. Discharge of indebtedness is distinct § 213.38 Mandatory transfer of debts to collection when he or she determines Department of the Treasury’s Bureau of the that the request for waiver or from the termination or suspension of Fiscal Service—general. collection activity, and the Internal administrative review is frivolous, or (a) USAID’s procedures call for the Revenue Code might apply. When the that the debtor made it primarily to transfer of legally enforceable debt to CFO suspends or terminates collection delay collection. Fiscal Service 90 days from the date action on a debt, the debt remains provided on the Agency’s initial written § 213.31 [Amended] delinquent, and USAID may pursue demand-for-payment notice issued to ■ 32. Amend § 213.31 in the first further collection action at a later date the debtor. A debt is legally enforceable sentence by removing the word in accordance with the standards set if the Agency has made a final ‘‘penalty’’ and adding ‘‘penalties,’’ in its forth in this part. When a debt is determination that the debt, in the place. discharged in full or in part, further amount stated, is due and there are no ■ 33. Amend § 213.32 by revising the collection action is prohibited, and legal bars to collection action. A debt is section heading and the introductory USAID must terminate debt-collection not considered legally enforceable for text to read as follows: action. purposes of mandatory transfer to Fiscal § 213.32 Standards for termination of ■ 36. Revise § 213.36 to read as follows: Service if a debt is the subject of a collection action. § 213.36 Reporting to Department of the pending administrative review process The CFO may terminate collection Treasury’s Internal Revenue Service. required by statute or regulation and action on a debt when he or she collection action during the review determines that: Upon discharge of indebtedness, process is prohibited. USAID must report the discharged debt * * * * * (b) Except as set forth in paragraph (a) as income to the debtor to the IRS in ■ 34. Revise § 213.34 to read as follows: of this section, USAID will transfer any accordance with the requirements of 26 debt covered by this part that is more § 213.34 Debts discharged in bankruptcy. U.S.C. 6050P and 26 CFR 1.6050P–1. than 120 days delinquent to Fiscal The CFO generally terminates USAID may request Fiscal Service to file Service for debt-collection services. A collection activity on a debt discharged such a discharge debt report to the IRS debt is considered 120 days delinquent in bankruptcy, regardless of the amount. on the Agency’s behalf. for purposes of this section if it is 120 USAID may continue collection activity, ■ 37. Revise the heading for subpart G days past due and is legally enforceable. however, subject to the provisions of the to read as follows: ■ 41. Amend § 213.39 by:

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■ a. Revising the introductory text; and benefits of expanding other existing make. The EPA will generally not ■ b. Adding a period at the end of regulations, as detailed in question 6, consider comments or comment paragraph (f). differ from the costs and benefits of contents located outside of the primary The revision and addition read as requiring SMSs for all passenger submission (i.e., on the web, cloud, or follows: vessels?’’ other file sharing system). For § 213.39 Exceptions to mandatory transfer. Dated: February 19, 2021. additional submission methods, please USAID is not required to transfer a M.T. Cunningham, contact Carrie Paige, 214–665–6521, debt to the Financial Management Chief, Office of Regulations and [email protected]. For the full EPA Service (FMS) of the U.S. Department of Administrative Law, U.S. Coast Guard. public comment policy, information the Treasury pursuant to § 214.37(b) [FR Doc. 2021–04011 Filed 2–26–21; 8:45 am] about CBI or multimedia submissions, and general guidance on making during such period of time that the debt: BILLING CODE 9110–04–P * * * * * effective comments, please visit https:// www.epa.gov/dockets/commenting-epa- Kent Kuyumjian, ENVIRONMENTAL PROTECTION dockets. Deputy Chief Financial Officer. AGENCY Docket: The index to the docket for [FR Doc. 2021–03385 Filed 2–26–21; 8:45 am] this action is available electronically at BILLING CODE 6116–01–P 40 CFR Part 52 www.regulations.gov. While all [EPA–R06–OAR–2020–0343; FRL–10016– documents in the docket are listed in 31–Region 6] the index, some information may not be DEPARTMENT OF HOMELAND publicly available due to docket file size SECURITY Air Plan Approval; Texas; Clean Air restrictions or content (e.g., CBI). Act Requirements for Enhanced FOR FURTHER INFORMATION CONTACT: Coast Guard Vehicle Inspection and Maintenance Ms. and Nonattainment New Source Carrie Paige, EPA Region 6 Office, 33 CFR Part 96 Review Infrastructure and Ozone Section, 214– 665–6521, [email protected]. Out of 46 CFR Parts 71, 115, and 176 AGENCY: Environmental Protection an abundance of caution for members of Agency (EPA). [Docket No. USCG–2020–0123] the public and our staff, the EPA Region ACTION: Proposed rule. 6 office may be closed to the public to RIN 1625–AC65 reduce the risk of transmitting COVID– SUMMARY: Pursuant to the Federal Clean 19. We encourage the public to submit Safety Management Systems for Air Act (CAA or the Act), the comments via https:// Domestic Passenger Vessels Environmental Protection Agency (EPA) www.regulations.gov, as there will be a is proposing to approve portions of two AGENCY: Coast Guard, DHS. delay in processing mail and no courier State Implementation Plan (SIP) ACTION: or hand deliveries will be accepted. Advance notice of proposed revisions submitted by the State of rulemaking; correction. Please call or email the contact listed Texas for the 2008 8-hour ozone above if you need alternative access to SUMMARY: The Coast Guard is correcting National Ambient Air Quality Standard material indexed but not provided in an advance notice of proposed (NAAQS). The SIP revisions proposed the docket. rulemaking (ANPRM) published in the for approval describe how CAA Federal Register of January 15, 2021, requirements for vehicle Inspection and SUPPLEMENTARY INFORMATION: seeking public comment on the Maintenance (I/M) and Nonattainment Throughout this document wherever potential use of Safety Management New Source Review (NNSR) are met in ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Systems (SMSs) to improve safety and the Dallas-Fort Worth (DFW) and the EPA. Houston-Galveston-Brazoria (HGB) reduce marine casualties on board U.S.- I. Background flagged passenger vessels. The ANPRM serious ozone nonattainment areas. contained an incorrect internal cross- DATES: Written comments must be On March 12, 2008, the EPA revised reference in the list of questions for the received on or before March 31, 2021. both the primary and secondary NAAQS public. ADDRESSES: Submit your comments, for ozone to a level of 0.075 parts per DATES: March 1, 2021. identified by Docket No. EPA–R06– million (ppm) to provide increased FOR FURTHER INFORMATION CONTACT: For OAR–2020–0343, at https:// protection of public health and the information about this document, call or www.regulations.gov or via email to environment (73 FR 16436, March 27, email Lieutenant Kimberly Gates, Vessel [email protected]. Follow the online 2008).1 The 2008 ozone NAAQS retains and Facility Operating Standards instructions for submitting comments. the same general form and averaging Division (CG–OES–2), U.S. Coast Guard; Once submitted, comments cannot be time as the 0.08 ppm NAAQS set in telephone 202–372–1455, email edited or removed from Regulations.gov. 1997 but is set at a more protective [email protected]. The EPA may publish any comment level. Specifically, the 2008 ozone SUPPLEMENTARY INFORMATION: In FR Doc. received to its public docket. Do not NAAQS is attained when the 3-year 2021–01058, beginning on page 3899 in submit electronically any information average of the annual fourth-highest the issue of January 15, 2021, make the you consider to be Confidential daily maximum 8-hour average ambient following correction in the Business Information (CBI) or other air quality ozone concentrations is less SUPPLEMENTARY INFORMATION section: information whose disclosure is On page 3902 in the third column, in restricted by statute. Multimedia 1 For a history of the ozone NAAQS, please visit the paragraph for Question 19, replace submissions (audio, video, etc.) must be https://www.epa.gov/ground-level-ozone-pollution/ the text ‘‘question 4’’ with the text accompanied by a written comment. table-historical-ozone-national-ambient-air-quality- standards-naaqs. For information on EPA’s periodic ‘‘question 6.’’ The written comment is considered the review of the ozone NAAQS, please visit https:// The corrected Question 19 reads as official comment and should include www.epa.gov/naaqs/ozone-o3-air-quality- follows: ‘‘How would the costs and discussion of all points you wish to standards.

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than or equal to 0.075 ppm. See 40 CFR measures already approved into the SIP. in the 50.15.2 These two SIP revisions are available in I/M program, and Collin, Dallas, Both the DFW and HGB areas were the docket for this action, at Denton, Ellis, Johnson, Kaufman, designated as nonattainment for the www.regulations.gov, docket number Parker, Rockwall, and Tarrant counties 2008 ozone NAAQS (77 FR 30088, May EPA–R06–OAR–2020–0343. in the DFW area are included in the I/ 21, 2012). The DFW area consists of M program. The program requires that II. The TCEQ Submittals and EPA’s Collin, Dallas, Denton, Ellis, Johnson, gasoline powered light-duty vehicles, Kaufman, Parker, Rockwall, Tarrant and Evaluation and light and heavy-duty trucks Wise counties. The HGB area consists of The two Texas SIP revisions include between two and twenty-four years old, Brazoria, Chambers, Fort Bend, a statement certifying that the DFW and that are registered or required to be Galveston, Harris, Liberty, Montgomery HGB areas meet the serious area registered in the I/M program area, and Waller counties. requirements for enhanced I/M and including fleets, are subject to annual On December 23, 2014, the D.C. nonattainment NSR for the 2008 eight- inspection and testing. These programs Circuit Court issued a decision rejecting, hour ozone NAAQS. In addition, the SIP were adopted and approved as meeting among other things, our attainment revisions provide a brief history of the the applicable requirements of the I/M deadlines for the 2008 ozone enhanced I/M and NNSR programs in rules in response to the area nonattainment areas, finding that we the Texas SIP. The SIP revisions also designations under the one-hour ozone did not have statutory authority under state that, (1) the vehicle I/M program in standard and later the 1997 8-hour the CAA to extend those deadlines to the DFW and HGB ozone nonattainment standard. The size of the HGB the end of the calendar year. NRDC v. areas meet the federal requirements for nonattainment area did not change with EPA, 777 F.3d 456, 464–69 (D.C. Cir. areas classified as serious or above; and the implementation of the 2008 ozone 2014). Consistent with the court’s (2) because the Texas SIP includes standard. As a result, EPA’s previous decision we modified the attainment nonattainment NSR requirements, the finding that the program covers the deadlines for all nonattainment areas for requirements for nonattainment NSR are necessary vehicle population is still the 2008 ozone NAAQS, and set the met for the DFW and HGB serious ozone appropriate. See 70 FR 58119, 58132 attainment deadline for all 2008 nonattainment areas. (October 5, 2005) and 71 FR 52670 moderate ozone nonattainment areas, (September 6, 2006). Wise County was including the DFW area as July 20, Enhanced Vehicle Inspection and added to the DFW nonattainment area 2018, and the HGB area (initially Maintenance under the 2008 standard. Wise County, classified as marginal) as July 20, 2015 Section 182(c)(3) of the CAA requires however, is not required to be included (80 FR 12264, March 6, 2015). The HGB states with ozone nonattainment areas in the I/M program as the current I/M area qualified for a 1-year extension of classified as serious or worse to program in the DFW area sufficiently the attainment deadline and we revised implement an enhanced program to covers a non-urbanized area population the attainment deadline to July 20, 2016 reduce hydrocarbon emissions and greater than the urbanized area in Wise 4 (81 FR 26697, May 4, 2016). The HGB nitrogen oxides (NOX) emissions from County. To verify, we evaluate the area did not meet the revised attainment in-use motor vehicles registered in each extent of area coverage for I/M, as deadline of July 20, 2016, and we urbanized area in the nonattainment defined at 40 CFR 51.350(b)(2): reclassified the area to moderate (81 FR area. The Federal rules addressing I/M ‘‘Outside of ozone transport regions, 90207, December 14, 2016). The DFW program requirements are provided at programs shall nominally cover at least and HGB areas did not meet the 40 CFR part 51, subpart S and further the entire urbanized area, based on the moderate area attainment deadline and defined at 40 CFR 51.350 1990 census.6 Exclusion of some urban were accordingly reclassified as serious (Applicability). Under these population is allowed as long as an (84 FR 44238, August 23, 2019).3 requirements, serious ozone equal number of non-urban residents of Section 182 of the CAA outlines SIP nonattainment areas in urbanized areas the MSA containing the subject requirements applicable to ozone with 1980 Census-defined urbanized urbanized area are included to nonattainment areas in each populations of 200,000 or more are compensate for the exclusion.’’ Based classification category. The serious area required to adopt enhanced I/M on the 1990 census, the urban classification triggers additional programs (40 CFR 51.350(a)(2) and (4)). population of the DFW area covered by requirements, including NNSR and The Texas SIP includes 30 TAC the I/M program (which consisted of 9 enhanced vehicle I/M. See CAA section Section 114.2 (Inspection and counties: Collin, Dallas, Denton, Ellis, 182(c) and 40 CFR 51.350. Maintenance Definitions) and 30 TAC Johnson, Kaufman, Parker, Rockwall On May 13, 2020, the Texas Section 114.50 (Vehicle Emissions and Tarrant) was 3,198,259 and the Commission on Environment Quality Inspection Requirements) except for 30 urban population of Wise County was (TCEQ or State) submitted to EPA a SIP TAC Section 114.50(b)(2).5 Under these 8,735. Thus, the population of the entire revision for each of the DFW and HGB provisions Brazoria, Fort Bend, urbanized area was 3,206,994 (3,198,259 serious ozone nonattainment areas. In Galveston, Harris, and Montgomery + 8,735). The urban and non-urban those SIP revisions, the State describes counties in the HGB area are included population of the 9-county DFW area how the DFW and HGB areas meet the was 3,885,415. By subtracting the 4 enhanced vehicle I/M program and NOX and Volatile Organic Compounds (VOC) population of the entire urbanized area NNSR requirements for serious ozone are precursors to ozone formation. (3,206,994) from the urban and non- nonattainment areas using existing 5 We did not approve 30 TAC Section 114.50(b)(2) as part of the Texas SIP as (1) it placed an urban populations of the 9-county DFW additional reporting burden upon commanders at I/M area (3,885,415¥3,206,994 = 2 The current NAAQS for ozone is an 8-hour Federal facilities regarding affected Federal vehicles 678,421), more than an equal number of standard of 0.070 ppm, finalized in 2015 (October that is not imposed upon any other affected non- non-urban residents in the 9-county 26, 2015, 80 FR 65292). This action does not federal vehicle; and (2) the additional reporting address the 2015 ozone NAAQS. requirement is not an essential element for an DFW area are included in the I/M 3 The attainment deadline for a serious area approvable I/M program, since affected Federal classification is 9 years after the initial designation vehicles are also subject to the same reporting 6 Texas is not included in the Ozone Transport as nonattainment, which in this case is July 20, requirements as other affected non-federal vehicles. Region (OTR), which is defined at CAA section 2021. See 40 CFR 51.1103 and 84 FR 44238. See 66 FR 57261, 57262 (November 14, 2001). 184(a).

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program to compensate for the submitted on May 13, 2020, that or in any other area where EPA or an exclusion of the urbanized population describe how CAA requirements for Indian tribe has demonstrated that a of 8,735 in Wise County.7 Thus, Wise vehicle I/M and NNSR are met in the tribe has jurisdiction. In those areas of County need not implement an I/M DFW and HGB serious ozone Indian country, the proposed rule does program. nonattainment areas for the 2008 ozone not have tribal implications and will not Therefore, since the provisions in the NAAQS. impose substantial direct costs on tribal Texas SIP already include the I/M governments or preempt tribal law as IV. Statutory and Executive Order requirements specified by the CAA for specified by Executive Order 13175 (65 Reviews serious ozone nonattainment areas, we FR 67249, November 9, 2000). are proposing to approve this portion of Under the CAA, the Administrator is List of Subjects in 40 CFR Part 52 the two SIP revisions. required to approve a SIP submission that complies with the provisions of the Environmental protection, Air Nonattainment NSR Act and applicable Federal regulations. pollution control, Incorporation by The applicable NNSR requirements 42 U.S.C. 7410(k); 40 CFR 52.02(a). reference, Nitrogen dioxide, Ozone, for the various ozone nonattainment Thus, in reviewing SIP submissions, the Reporting and recordkeeping classifications are described in CAA EPA’s role is to approve state choices, requirements, Volatile organic section 182 and further defined in 40 provided that they meet the criteria of compounds. CFR part 51, subpart I (Review of New the CAA. Accordingly, this action Authority: 42 U.S.C. 7401 et seq. Sources and Modifications). Under merely proposes to approve state law as these requirements new major sources meeting Federal requirements and does Dated: February 5, 2021. or major modifications at existing not impose additional requirements David Gray, sources in an ozone nonattainment area beyond those imposed by state law. For Acting Regional Administrator, Region 6. must comply with the lowest achievable that reason, this action: [FR Doc. 2021–02758 Filed 2–26–21; 8:45 am] emission rate and obtain sufficient • Is not a ‘‘significant regulatory BILLING CODE 6560–50–P emission offsets.8 For serious ozone action’’ subject to review by the Office nonattainment areas, major sources are of Management and Budget under defined as any stationary source or Executive Orders 12866 (58 FR 51735, ENVIRONMENTAL PROTECTION group of sources located within a October 4, 1993) and 13563 (76 FR 3821, AGENCY contiguous area and under common January 21, 2011); control that emits, or has the potential • Does not impose an information 40 CFR Part 52 to emit, at least 50 tons per year (tpy) collection burden under the provisions [EPA–R03–OAR–2020–0320; FRL–10020– of NOX or VOC (see CAA sections 182(c) of the Paperwork Reduction Act (44 55–Region 3] and 182(f), and 40 CFR 51.165). The U.S.C. 3501 et seq.); • emission offset ratio required for serious Is certified as not having a Air Plan Approval; Pennsylvania; 1997 ozone nonattainment areas is 1.2 to 1 significant economic impact on a 8-Hour Ozone National Ambient Air (see CAA section 182(c)(10). substantial number of small entities Quality Standard Second Maintenance The EPA-approved Texas SIP already under the Regulatory Flexibility Act (5 Plan for the Youngstown-Warren- includes 30 TAC Section 116.12 U.S.C. 601 et seq.); Sharon Area; Reopening of Comment • (Nonattainment and Prevention of Does not contain any unfunded Period mandate or significantly or uniquely Significant Deterioration Review AGENCY: affect small governments, as described Environmental Protection Definitions) and 30 TAC Section Agency (EPA). 116.150 (New Major Source or Major in the Unfunded Mandates Reform Act ACTION: Proposed rule; reopening of Modification in Ozone Nonattainment of 1995 (Pub. L. 104–4); • public comment period. Area).9 These provisions require new Does not have federalism implications as specified in Executive major sources or major modifications at SUMMARY: The Environmental Protection existing sources in the DFW and HGB Order 13132 (64 FR 43255, August 10, Agency (EPA) is reopening the comment areas to comply with the lowest 1999); period for a proposed rulemaking • Is not an economically significant achievable emission rate and obtain published in the Federal Register on regulatory action based on health or emission offsets at the serious October 30, 2020. EPA is reopening the safety risks subject to Executive Order classification ratio of 1.2 to 1. comment period based on a request for 13045 (62 FR 19885, April 23, 1997); Therefore, since the provisions in the • a 15-day extension. Texas SIP already include the NNSR Is not a significant regulatory action subject to Executive Order 13211 (66 FR DATES: The comment period will reopen requirements specified by the CAA for until March 16, 2021 to allow additional serious ozone nonattainment areas, we 28355, May 22, 2001); • Is not subject to requirements of time for stakeholders to review and are proposing to approve this portion of section 12(d) of the National comment on the proposal. The comment the two SIP revisions. Technology Transfer and Advancement period for the proposed rulemaking III. Proposed Action Act of 1995 (15 U.S.C. 272 note) because published October 30, 2020 (85 FR application of those requirements would 68826), which ended on November 30, We are proposing to approve portions 2020, is being reopened. EPA must of two revisions to the Texas SIP be inconsistent with the CAA; and • Does not provide EPA with the receive comments on or before March 16, 2021. 7 All population data in this paragraph are from discretionary authority to address, as the 1990 Census. The 1990 Census report for Texas appropriate, disproportionate human ADDRESSES: Submit your comments, is in the docket for this rulemaking. health or environmental effects, using identified by Docket ID No. EPA–R03– 8 Offsets are the ratio of total emissions practicable and legally permissible OAR–2020–0320 at https:// reductions of NOX or VOC to the emissions increase methods, under Executive Order 12898 www.regulations.gov, or via email to of such air pollutant. 9 See 60 FR 49781, September 27, 1995 and (59 FR 7629, February 16, 1994). [email protected]. For comments subsequent revisions at 77 FR 65119, October 25, In addition, the SIP is not approved submitted at Regulations.gov, follow the 2012 and 79 FR 66626, November 10, 2014. to apply on any Indian reservation land online instructions for submitting

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comments. Once submitted, comments the listed EPA contact was not available Confidential Business Information (CBI) cannot be edited or removed from via email or phone during or other information whose disclosure is Regulations.gov. For either manner of approximately half of the 30-day restricted by statute. Multimedia submission, EPA may publish any comment period. Therefore, EPA has submissions (audio, video, etc.) must be comment received to its public docket. decided to reopen the comment period accompanied by a written comment. Do not submit electronically any for an additional 15 days to March 16, The written comment is considered the information you consider to be 2021. All comments received on or official comment and should include confidential business information (CBI) before March 16, 2021 will be entered discussion of all points you wish to or other information whose disclosure is into the public record and considered make. EPA will generally not consider restricted by statute. Multimedia by EPA before taking final action on the comments or comment contents located submissions (audio, video, etc.) must be proposed rulemaking. Comments outside of the primary submission (i.e., accompanied by a written comment. submitted between the close of the on the web, cloud, or other file sharing The written comment is considered the original comment period and the re- system). For additional submission official comment and should include opening of this comment period will be methods, please contact the person discussion of all points you wish to accepted and considered. identified in the FOR FURTHER make. EPA will generally not consider Dated: February 18, 2021. INFORMATION CONTACT section. For the comments or comment contents located Diana Esher, full EPA public comment policy, outside of the primary submission (i.e., information about CBI or multimedia Acting Regional Administrator, Region III. on the web, cloud, or other file sharing submissions, and general guidance on system). For additional submission [FR Doc. 2021–04106 Filed 2–26–21; 8:45 am] making effective comments, please visit methods, please contact the person BILLING CODE 6560–50–P http://www2.epa.gov/dockets/ identified in the FOR FURTHER commenting-epa-dockets. INFORMATION CONTACT section. For the ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: full EPA public comment policy, AGENCY Margaret Sieffert, Environmental information about CBI or multimedia Engineer, Environmental Protection submissions, and general guidance on 40 CFR Part 62 Agency, Region 5, 77 West Jackson making effective comments, please visit Boulevard (AT–18J), Chicago, Illinois https://www.epa.gov/dockets/ [EPA–R05–OAR–2020–0518; FRL–10020– 60604, (312) 353–1151, 54–Region 5] commenting-epa-dockets. [email protected]. FOR FURTHER INFORMATION CONTACT: Air Plan Approval; Wisconsin; Large SUPPLEMENTARY INFORMATION: Keila M. Paga´n-Incle, Planning & Municipal Waste Combustors Negative Throughout this document whenever Implementation Branch (3AD30), Air & Declaration Withdrawal for Designated ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Radiation Division, U.S. Environmental Facilities and Pollutants EPA. Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania AGENCY: Environmental Protection I. Background 19103. The telephone number is (215) Agency (EPA). Section 111(d) of the Clean Air Act 814–2926. Ms. Paga´n-Incle can also be ACTION: Proposed rule. (Act) requires that EPA develop reached via electronic mail at pagan- regulations providing that states must [email protected]. SUMMARY: The Environmental Protection submit to EPA plans establishing SUPPLEMENTARY INFORMATION: EPA Agency (EPA) is proposing to approve standards of performance for certain proposed to approve a state Wisconsin’s request for withdrawal of existing sources of pollutants. A implementation plan (SIP) revision the previously approved Large standard of performance would apply to submitted on March 10, 2020 by the Municipal Waste Combustors (LMWC) the existing source associated with Pennsylvania Department of Negative Declaration. The Wisconsin pollutants that are noncriteria pollutants Environmental Protection (PADEP). The Department of Natural Resources (i.e., pollutants for which there is no SIP submittal (also referred to as ‘‘1997 (WDNR) submitted its LMWC Negative national ambient air quality standard) 8-hour Ozone National Ambient Air Declaration withdrawal on September and are not on a list published under Quality Standard Second Maintenance 25, 2020, certifying that the State of section 108 of the Act or emitted from Plan for the Youngstown-Warren- Wisconsin has only one LMWC unit a source category regulated under Sharon Area’’) addresses Clean Air Act currently operating and requesting that section 112 of the Act. Section 129 of (CAA) requirements for the 1997 8-hour the Federal plan continue to apply to the Act, and 40 CFR part 60, subpart B, ozone national ambient air quality the single source in the state. apply the section 111(d) requirements to standard (NAAQS) in the Youngstown- DATES: Comments must be received on existing solid waste combustors, Warren-Sharon Area. EPA’s October 30, or before March 31, 2021. including LMWCs, and provide that 2020 notice proposed to approve the ADDRESSES: Submit your comments, EPA should include, as part of the second maintenance plan for the identified by Docket ID No. EPA–R05– performance standards, emissions Pennsylvania portion of the OAR–2020–0518, at http:// guidelines (EGs) that include the plan Youngstown-Warren-Sharon Area as a www.regulations.gov or via email to elements required by section 129. revision to the Pennsylvania SIP. [email protected]. For comments The regulation at 40 CFR part 60, EPA is reopening the comment period submitted at Regulations.gov, follow the subpart B, contains general provisions based on an anonymous request to online instructions for submitting applicable to the adoption and submittal reopen the comment period. The comments. Once submitted, comments of state plans for subject facilities under commenter states they were unable to cannot be edited or removed from sections 111(d) and 129 (111(d)/129 obtain information about EPA’s Regulations.gov. For either manner of plan) and negative declarations if no proposed rulemaking via email or phone submission, EPA may publish any such facilities exist in the state. 40 CFR from the EPA contact listed in the comment received to its public docket. part 62, subpart A, provides the October 30, 2020 notice. After reviewing Do not submit electronically any procedural framework for the this request, EPA has determined that information you consider to be submission of the plans and negative

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declarations. If, at a later date, an state plans. EPA understands that the Executive Orders 12866 and 13563 (76 existing LMWC is found in a state that extensive time and resources that would FR 3821, January 21, 2011). For this previously submitted a negative be required by WDNR to adopt a rule reason, this action is also not subject to declaration, the Federal plan and submit a state plan are Executive Order 13211, ‘‘Actions implementing the LMWC EGs would disproportionate to the single affected Concerning Regulations That automatically apply to that unit. source in Wisconsin. EPA’s Federal plan Significantly Affect Energy Supply, EPA promulgated new source implementing the EG’s would continue Distribution, or Use’’ (66 FR 28355, May performance standards and EGs for to apply to the source in Wisconsin (as 22, 2001). This action merely approves LMWCs on December 19, 1995 (60 FR well as to any existing affected sources state law as meeting Federal 65387), and amended them most if found at a later date), upon approval requirements and merely notifies the recently on May 10, 2006 (71 FR 27324). of the withdrawal of the negative public of EPA’s approval for a However, on March 20, 2007, EPA declaration. Wisconsin would withdrawal of a previously approved issued a notice of reconsideration for implement and enforce the Federal plan LMWC Negative Declaration. This three sections of the final rule (72 FR through its Title V permitting process. action imposes no requirements beyond 13016). The standards and EGs are This is described in a February 19, 2002 those imposed by the state. Accordingly, codified at 40 CFR part 60, subparts Cb WDNR and EPA Region 5 Memorandum the Administrator certifies that this rule and Eb, respectively. of Agreement. This action should not be will not have a significant economic A LMWC unit, as defined in 40 CFR construed as an approval of a state plan impact on a substantial number of small 60.32b, means any municipal waste or delegation of the Federal plan. entities under the Regulatory Flexibility combustor unit with a combustion Wisconsin’s section 111(d)/129 Act (5 U.S.C. 601 et seq.). Because this capacity greater than 250 tons per day obligations are separate from rule approves pre-existing requirements of municipal solid waste. The Wisconsin’s obligations under title V of under state law and does not impose designated facilities to which the the Act. Wisconsin understands and any additional enforceable duty beyond original EG’s applied were existing accepts this limitation. that required by state law, it does not LMWC units for which construction was commenced on or before September 20, II. Proposed EPA Action contain any unfunded mandate or significantly or uniquely affect small 1994. EPA is proposing to approve States were required to submit governments, as described in the Wisconsin’s request for withdrawal of a Unfunded Mandates Reform Act of 1995 negative declarations or state plans for previously approved Negative existing LMWCs, pursuant to sections (Pub. L. 104–4). This rule is not Declaration and to amend 40 CFR part approved to apply on any Indian 111(d) and 129 of the Act and 40 CFR 62 to reflect WDNR’s withdrawal. part 60, subpart B. WDNR submitted a reservation land or in any other area WDNR submitted its LMWC Negative where EPA or an Indian tribe has negative declaration under LMWC on Declaration withdrawal on September September 26, 1997, certifying that it demonstrated that a tribe has 25, 2020, certifying that there is only jurisdiction. In those areas of Indian had no existing LMWCs. On November one LMWC unit, as defined under 40 12, 1998, EPA finalized the Federal plan country, the rule does not have tribal CFR 60.31b, currently operating in the implications and will not impose under 40 CFR part 62, subpart FFF (65 State of Wisconsin and requested that FR 33461). EPA approved WDNR’s substantial direct costs on tribal the Federal plan apply to the single governments or preempt tribal law as negative declaration under 40 CFR source in the State. EPA understands 62.12360 on May 24, 2000 (65 FR specified by Executive Order 13175 (65 that the extensive work that would be FR 67249, November 9, 2000). This 33461). required by WDNR to prepare an On September 25, 2020, WDNR action also does not have Federalism approved state plan would be submitted its LMWC negative implications because it does not have disproportionate to the single affected declaration withdrawal, in which it substantial direct effects on the states, source in Wisconsin, and is proposing certifies that there is one LMWC unit on the relationship between the national to approve the withdrawal and have the currently operating in Wisconsin. The government and the states, or on the Federal plan apply to the known only LMWC unit is at Xcel French distribution of power and affected source. Island, located in La Crosse, WI. responsibilities among the various Because there is only one source, WDNR III. Statutory and Executive Order levels of government, as specified in is requesting that the previously Reviews Executive Order 13132 (64 FR 43255, approved negative declaration be August 10, 1999). This action merely A. General Requirements withdrawn and that the Federal plan approves a withdrawal, and does not continue to apply to the source. This action is not a ‘‘significant alter the relationship or the distribution Section 111(d)/129 requires states to regulatory action’’ under the terms of of power and responsibilities submit state plans when LMWC units Executive Order 12866 (58 FR 51735, established in the Act. This rule also is exist in its boundaries, and requires October 4, 1993) and therefore is not not subject to Executive Order 13045 (62 EPA to develop a Federal plan to cover subject to review by the Office of FR 19885, April 23, 1997), because it facilities when states do not develop Management and Budget under approves a withdrawal.

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In reviewing section 111(d)/129 plan inconsistent with applicable law for List of Subjects in 40 CFR Part 62 submissions, EPA’s role is to approve EPA, when it reviews a section 111(d)/ state choices, provided that they meet 129 withdrawal, to use VCS in place of Environmental protection, Air the criteria of the Act. With regard to a section 111(d)/129 withdrawal pollution control, Administrative withdrawals for designated facilities submission that otherwise satisfies the practice and procedure, received by EPA from states, EPA’s role provisions of the Act. Thus, the Intergovernmental relations, Reporting is to notify the public of the approval of requirements of section 12(d) of the and recordkeeping requirements, Large the state’s withdrawal and revise 40 National Technology Transfer and Municipal Waste Combustors. CFR part 62 accordingly. In this context, Advancement Act of 1995 (15 U.S.C. Dated: February 22, 2021. in the absence of a prior existing 272 note) do not apply. This rule does requirement for the state to use Cheryl Newton, not impose an information collection voluntary consensus standards (VCS), Acting Regional Administrator, Region 5. burden under the provisions of the EPA has no authority to disapprove a [FR Doc. 2021–03983 Filed 2–26–21; 8:45 am] Paperwork Reduction Act of 1995 (44 section 111(d)/129 withdrawal for BILLING CODE 6560–50–P failure to use VCS. It would thus be U.S.C. 3501 et seq.).

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Notices Federal Register Vol. 86, No. 38

Monday, March 1, 2021

This section of the FEDERAL REGISTER standards, and safety management provide critical information on the contains documents other than rules or systems. health sector to our many stakeholders proposed rules that are applicable to the in support of our mission to serve as Contact Person for Further Information public. Notices of hearings and investigations, ‘‘the leading source of quality data about committee meetings, agency decisions and Hillary Cohen, Communications the nation’s people and economy.’’ The rulings, delegations of authority, filing of Manager, at [email protected] or (202) MOPS–HP will collect information on petitions and applications and agency 446–8094. Further information about statements of organization and functions are the use of structured management examples of documents appearing in this this public meeting can be found on the practices from Chief Nursing Officers section. CSB website at: www.csb.gov. (CNOs) at approximately 3,200 hospitals Dated: February 24, 2021. with the goal of producing four publicly Sabrina Morris, available indices that measure key CHEMICAL SAFETY AND HAZARD Board Affairs Specialist, Chemical Safety and characteristics of these structured INVESTIGATION BOARD Hazard Investigation Board. management practices. The proposed [FR Doc. 2021–04213 Filed 2–25–21; 11:15 am] MOPS–HP will be collected for Sunshine Act Meeting reference years 2020 and 2019. Content BILLING CODE 6350–01–P includes performance monitoring, goals, TIME AND DATE: March 5, 2021, 2:00 p.m. staff management, the use of EDT. standardized clinical protocols, and DEPARTMENT OF COMMERCE PLACE: Public Meeting Hosted via Audio medical record documentation. Some Conference. Census Bureau questions are adapted from the STATUS: Open to the public. Management and Organizational MATTERS TO BE CONSIDERED: The Agency Information Collection Practices Survey (MOPS) (OMB Chemical Safety and Hazard Activities; Submission to the Office of Approval Number 0607–0963), Investigation Board (CSB) will convene Management and Budget (OMB) for conducted in the manufacturing sector, a public meeting on Friday, March 5, Review and Approval; Comment allowing for inter-sectoral comparisons. 2021, at 2:00 p.m. EDT. The Board will Request; Management and The MOPS–HP will provide a deeper review the CSB’s progress in meeting its Organizational Practices Survey— understanding of the business processes mission and highlight safety product Hospitals which impact an increasingly important sector of the economy; total national newly released through investigations The Department of Commerce will and safety recommendations. health expenditures represented almost submit the following information 18 percent of U.S. gross domestic Additional Information collection request to the Office of product in 2017 (National Center for Management and Budget (OMB) for Health Statistics). The MOPS–HP will This meeting will only be available review and clearance in accordance via the following call-in number. If you provide a nationally representative with the Paperwork Reduction Act of sample, enabling stakeholders to require a translator or interpreter, please 1995, on or after the date of publication notify the individual listed below as the understand the role of structured of this notice. We invite the general management practices in financial and ‘‘Contact Person for Further public and other Federal agencies to Information,’’ at least three business clinical outcomes in U.S. hospitals. This comment on proposed, and continuing understanding is of increasing days prior to the meeting. information collections, which helps us Audience members should use the importance with the COVID–19 assess the impact of our information pandemic, where the overwhelming following information to access the collection requirements and minimize meeting: number of hospitalizations at varying the public’s reporting burden. Public points has stretched staff and resources Dial-In: 1 (800) 697–5978 Audience US comments were previously requested to capacity. In much the same way that Toll Free; 1 (630) 691–2750 Audience via the Federal Register on November the MOPS allowed for the measurement US Toll 19, 2020 during a 60-day comment of the importance of these structured Passcode: 6470 316# period. This notice allows for an management practices for productivity Please dial the phone number five additional 30 days for public comments. and growth in the manufacturing sector, minutes prior to the start of the Agency: U.S. Census Bureau. the MOPS–HP will inform our Title: Management and Organizational conference call and enter your passcode. understanding of hospitals. Questions Practices Survey-Hospitals. The CSB is an independent federal OMB Control Number: 0607–XXXX. developed and tested for the MOPS–HP agency charged with investigating Form Number(s): MOPS–HP. instrument are adapted from the 2015 incidents and hazards that result, or Type of Request: Regular submission, MOPS and the 2009 World Management may result, in the catastrophic release of New Information Collection Request. Survey’s (WMS) healthcare instrument. extremely hazardous substances. The Number of Respondents: 3,200. The Census Bureau conducted the agency’s Board Members are appointed Average Hours per Response: 45 MOPS in 2010 and 2015 with by the President and confirmed by the minutes. approximately 35,000 manufacturing Senate. CSB investigations look into all Burden Hours: 2,400. plants to measure management aspects of chemical accidents and Needs and Uses: The Census Bureau practices. These data show that hazards, including physical causes such proposes conducting the Management management practices are strongly as equipment failure as well as and Organizational Practices Survey- correlated with plant profitability and inadequacies in regulations, industry Hospitals (MOPS–HP) in order to productivity. The WMS has collected

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data on 20 basic management practices The Census Bureau will produce a and to encourage practices that are for approximately 2,000 hospitals in publicly available press release to beneficial to patients and our nine countries, including 307 in the describe the survey and discuss the population as a whole. U.S. Interviewers ask open-ended results. The Census Bureau will also • Hospital administrators could questions and rate responses to indicate write at least one research paper utilize planned public indices to whether the management practices are describing the MOPS–HP collection, benchmark their own practices, and more or less structured. Data from the processing, and data findings. WMS show large variations in these Conditional on quality, the Census subsequently make decisions or set practices and their systematic Bureau will construct and publish in a policies to improve their financial and relationship with clinical outcomes research paper indices of management clinical outcomes. such as mortality rates from heart practices, which can be used in • The MOPS–HP data could be used attacks. tabulations and empirical analyses for in combination with the Census The COVID–19 pandemic highlights potential use by the public, clinicians, Bureau’s collected data on hospital the relevance of hospital management hospitals, and researchers. These finances, including revenues and practices, especially as they relate to indices as well as microdata will be expenses, to improve our understanding hospitals’ ability to respond to shocks to available to approved Federal Statistical on how management practices may their organization and the health care Research Data Centers (FSRDC) users impact financial performance. system. In light of this, the Census and will provide benefits to other • Bureau has modified the survey Federal agencies and the public. In a letter of support, the Bureau of proposal to collect data for reference Examining factors that impact clinical Economic Analysis (BEA) expressed years 2020 and 2019. This change seeks and financial outcomes is essential to their interest in the MOPS–HP and to directly measure management understanding the health care industry, noted that it will help aid their mission practices and protocols before and which makes up a large portion of the to promote ‘‘ ‘. . . a better during the pandemic to gain a better U.S. economy. The MOPS–HP will understanding of the U.S. economy understanding of how hospitals have provide unique national-level estimates . . .’ ’’ The letter states that the MOPS– had to adjust and pivot operations on management and organizational HP will ‘‘fill a critical gap in our current during this public health emergency. practices in hospitals that could understanding of how management The Census Bureau has also included improve our understanding of the systems affect patient health outcomes two questions in the MOPS–HP content hospital industry: and healthcare expenditures.’’ to help improve measurement of • The Centers for Medicare and hospital preparedness. These questions Medicaid Services’ Hospital Compare Affected Public: Business or other for- will provide information on two data or the Hospital Consumer profit organizations; Not-for-profit elements of responsiveness, hospitals’ Assessment of Healthcare Providers and institutions. coordinated deployment of frontline Systems (HCAHPS) survey could be Frequency: One time. clinical workers and hospitals’ ability to used in conjunction with the MOPS–HP Respondent’s Obligation: Mandatory. quickly respond to needed changes in to determine whether hospitals with standardized clinical protocols. In an more structured management practices Legal Authority: The Census Bureau effort to limit respondent burden while have higher overall patient ratings and will conduct the MOPS–HP on a adding this content, adjustments were are more likely to be recommended. mandatory basis under authority of Title made to keep the total number of • The National Hospital Care Survey 13, United States Code, Sections 131, questions and estimated burden per from the National Center for Health 182, 224, and 225. response unchanged. Statistics could be used in combination This information collection request The MOPS–HP will be a supplement with the MOPS–HP’s index to evaluate may be viewed at www.reginfo.gov. to the Service Annual Survey (SAS) and how management practices relate to Follow the instructions to view the hospital utilization and patient care. will utilize a subset of its mail-out Department of Commerce collections sample. Its sample will consist of • Data from the Surveys on Patient currently under review by OMB. hospital locations for enterprises Safety Culture-Hospital Survey from the classified under General Medical and Agency for Healthcare Research and Written comments and Surgical Hospitals (NAICS 6221) and Quality could be used to study whether recommendations for the proposed sampled in the SAS. The survey will be hospitals with more structured information collection should be mailed separately from the SAS and management practices have fewer submitted within 30 days of the collected electronically through the patient safety events. publication of this notice on the Census Bureau’s Centurion online • Policymakers could use the data to following website www.reginfo.gov/ reporting system. Respondents will be understand how management and public/do/PRAMain. Find this sent an initial letter with instructions organizational practices are evolving in particular information collection by detailing how to log into the instrument hospitals, which can help understand selecting ‘‘Currently under 30-day and report their information. These changes in the industry. The Census Review—Open for Public Comments’’ or letters will be addressed to the Bureau plans to use the data collected by using the search function and from the MOPS–HP’s questions on location’s Chief Nursing Officer (CNO). entering the title of the collection. Collection is scheduled to begin in April medical record documentation to 2021 and end in October 2021. Due to construct an index measuring the Sheleen Dumas, the nature of the respondents, this management of multiple objectives— Department PRA Clearance Officer, Office of schedule may be impacted by the effects clinical and financial—that would the Chief Information Officer, Commerce of COVID–19. The Census Bureau is inform policymakers concerned with Department. monitoring the ongoing situation and both aspects of hospital performance. By [FR Doc. 2021–04190 Filed 2–26–21; 8:45 am] will adjust dates as necessary as the examining any links between the BILLING CODE 3510–07–P collection start date approaches as we survey’s measures of management do not want to add burden to an overly practices and clinical outcomes, the burdened sector of the economy. survey may help to inform policymakers

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DEPARTMENT OF COMMERCE in the submitted notification (as production activity to the FTZ Board for described below) and subsequently its facility in Bothell, Washington. The Foreign-Trade Zones Board authorized by the FTZ Board. notification conforming to the Production under FTZ procedures requirements of the regulations of the [B–64–2020] could exempt XPO from customs duty FTZ Board (15 CFR 400.22) was Foreign-Trade Zone (FTZ) 106— payments on the foreign-status received on February 12, 2021. Oklahoma City, Oklahoma; components used in export production. A separate application has been Authorization of Production Activity; On its domestic sales, for the foreign- submitted for FTZ designation at the Miraclon Corporation (Flexographic/ status materials/components noted company’s facility under FTZ 5. The Aluminum Printing Plates and Direct/ below, XPO would be able to choose the facility is used for the production of cell Thermo Imaging Layer Film); duty rate during customs entry therapy products. Pursuant to 15 CFR Weatherford, Oklahoma procedures that applies to wearable 400.14(b), FTZ activity would be limited electronic communication/data devices to the specific foreign-status material On October 27, 2020, Miraclon (duty-free). XPO would be able to avoid and specific finished product described Corporation submitted a notification of duty on foreign-status components in the submitted notification (as proposed production activity to the FTZ which become scrap/waste. Customs described below) and subsequently Board for its facility within Subzone duties also could possibly be deferred or authorized by the FTZ Board. 106F, in Weatherford, Oklahoma. reduced on foreign-status production Production under FTZ procedures The notification was processed in equipment. could exempt Juno from customs duty accordance with the regulations of the The components and materials payments on the foreign-status material FTZ Board (15 CFR part 400), including sourced from abroad include wearable used in export production. On its notice in the Federal Register inviting electronic communication/data devices domestic sales, for the foreign-status public comment (85 FR 70580, and watch bands of leather, steel, material noted below, Juno would be November 5, 2020). On February 24, silicon and woven nylon textile material able to choose the duty rate during 2021, the applicant was notified of the (duty rate ranges from duty-free to customs entry procedures that applies to FTZ Board’s decision that no further 11.2%). The request indicates that cell therapy products (duty-free). Juno review of the activity is warranted at certain materials/components are would be able to avoid duty on foreign- this time. The production activity subject to duties under Section 301 of status material which becomes scrap/ described in the notification was the Trade Act of 1974 (Section 301), waste. Customs duties also could authorized, subject to the FTZ Act and depending on the country of origin. The possibly be deferred or reduced on the FTZ Board’s regulations, including applicable Section 301 decisions require foreign-status production equipment. Section 400.14. subject merchandise to be admitted to The material sourced from abroad is Dated: February 24, 2021. FTZs in privileged foreign status (19 human primary cells (‘‘T-cells’’) (duty- CFR 146.41). free). Andrew McGilvray, Public comment is invited from Executive Secretary. Public comment is invited from interested parties. Submissions shall be interested parties. Submissions shall be [FR Doc. 2021–04102 Filed 2–26–21; 8:45 am] addressed to the Board’s Executive addressed to the Board’s Executive BILLING CODE 3510–DS–P Secretary and sent to: [email protected]. The Secretary and sent to: [email protected]. The closing period for their receipt is April closing period for their receipt is April 12, 2021. DEPARTMENT OF COMMERCE 12, 2021. A copy of the notification will be A copy of the notification will be available for public inspection in the Foreign-Trade Zones Board available for public inspection in the ‘‘Reading Room’’ section of the Board’s ‘‘Reading Room’’ section of the Board’s [B–13–2021] website, which is accessible via website, which is accessible via www.trade.gov/ftz. www.trade.gov/ftz. Foreign-Trade Zone (FTZ) 72— For further information, contact Diane For further information, contact Diane Indianapolis, Indiana; Notification of Finver at [email protected]. Finver at [email protected] or Proposed Production Activity; XPO (202) 482–1367. Dated: February 24, 2021. Logistics (Wearable Electronic Dated: February 22, 2021. Andrew McGilvray, Communication/Data Device Kitting); Andrew McGilvray, Clayton, Indiana Executive Secretary. Executive Secretary. [FR Doc. 2021–04103 Filed 2–26–21; 8:45 am] XPO Logistics (XPO) submitted a [FR Doc. 2021–04104 Filed 2–26–21; 8:45 am] BILLING CODE 3510–DS–P notification of proposed production BILLING CODE 3510–DS–P activity to the FTZ Board for its facility in Clayton, Indiana. The notification DEPARTMENT OF COMMERCE conforming to the requirements of the DEPARTMENT OF COMMERCE regulations of the FTZ Board (15 CFR Foreign-Trade Zones Board International Trade Administration 400.22) was received on February 18, [B–12–2021] 2021. Antidumping or Countervailing Duty The XPO facility is located within Foreign-Trade Zone (FTZ) 5—Seattle, Order, Finding, or Suspended FTZ 72. The facility is used for the Washington; Notification of Proposed Investigation; Opportunity To Request kitting of wearable electronic Production Activity; Juno Administrative Review communication/data devices with Therapeutics, Inc. AGENCY: Enforcement and Compliance, watch bands of various materials. (Biopharmaceuticals); Bothell, International Trade Administration, Pursuant to 15 CFR 400.14(b), FTZ Washington activity would be limited to the specific Department of Commerce. foreign-status materials and components Juno Therapeutics, Inc. (Juno) FOR FURTHER INFORMATION CONTACT: and specific finished product described submitted a notification of proposed Brenda E. Brown, Office of AD/CVD

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Operations, Customs Liaison Unit, conduct respondent selection under the date of publication of the notice of Enforcement and Compliance, section 777A(c)(2) of the Act: initiation of the requested review. The International Trade Administration, In general, Commerce finds that regulation provides that Commerce may U.S. Department of Commerce, 1401 determinations concerning whether extend this time if it is reasonable to do Constitution Avenue NW, Washington, particular companies should be so. Determinations by Commerce to DC 20230, telephone: (202) 482–4735. ‘‘collapsed’’ (i.e., treated as a single extend the 90-day deadline will be entity for purposes of calculating made on a case-by-case basis. Background antidumping duty rates) require a Each year during the anniversary substantial amount of detailed Deadline for Particular Market month of the publication of an information and analysis, which often Situation Allegation antidumping or countervailing duty require follow-up questions and Section 504 of the Trade Preferences order, finding, or suspended analysis. Accordingly, Commerce will investigation, an interested party, as not conduct collapsing analyses at the Extension Act of 2015 amended the Act defined in section 771(9) of the Tariff respondent selection phase of a review by adding the concept of particular Act of 1930, as amended (the Act), may and will not collapse companies at the market situation (PMS) for purposes of request, in accordance with 19 CFR respondent selection phase unless there constructed value under section 773(e) 1 351.213, that the Department of has been a determination to collapse of the Act. Section 773(e) of the Act Commerce (Commerce) conduct an certain companies in a previous states that ‘‘if a particular market administrative review of that segment of this antidumping proceeding situation exists such that the cost of antidumping or countervailing duty (i.e., investigation, administrative materials and fabrication or other order, finding, or suspended review, new shipper review or changed processing of any kind does not investigation. circumstances review). For any accurately reflect the cost of production All deadlines for the submission of company subject to a review, if in the ordinary course of trade, the comments or actions by Commerce Commerce determined, or continued to administering authority may use discussed below refer to the number of treat, that company as collapsed with another calculation methodology under calendar days from the applicable others, Commerce will assume that such this subtitle or any other calculation starting date. companies continue to operate in the methodology.’’ When an interested party submits a PMS allegation pursuant Respondent Selection same manner and will collapse them for respondent selection purposes. to section 773(e) of the Act, Commerce In the event Commerce limits the Otherwise, Commerce will not collapse will respond to such a submission number of respondents for individual companies for purposes of respondent consistent with 19 CFR 351.301(c)(2)(v). examination for administrative reviews selection. Parties are requested to: (a) If Commerce finds that a PMS exists initiated pursuant to requests made for Identify which companies subject to under section 773(e) of the Act, then it the orders identified below, Commerce review previously were collapsed; and will modify its dumping calculations intends to select respondents based on (b) provide a citation to the proceeding appropriately. U.S. Customs and Border Protection in which they were collapsed. Further, Neither section 773(e) of the Act nor (CBP) data for U.S. imports during the if companies are requested to complete period of review. We intend to release 19 CFR 351.301(c)(2)(v) set a deadline a Quantity and Value Questionnaire for for the submission of PMS allegations the CBP data under Administrative purposes of respondent selection, in Protective Order (APO) to all parties and supporting factual information. general each company must report However, in order to administer section having an APO within five days of volume and value data separately for publication of the initiation notice and 773(e) of the Act, Commerce must itself. Parties should not include data receive PMS allegations and supporting to make our decision regarding for any other party, even if they believe respondent selection within 21 days of factual information with enough time to they should be treated as a single entity consider the submission. Thus, should publication of the initiation Federal with that other party. If a company was Register notice. Therefore, we an interested party wish to submit a collapsed with another company or PMS allegation and supporting new encourage all parties interested in companies in the most recently commenting on respondent selection to factual information pursuant to section completed segment of a proceeding 773(e) of the Act, it must do so no later submit their APO applications on the where Commerce considered collapsing date of publication of the initiation than 20 days after submission of initial that entity, complete quantity and value Section D responses. notice, or as soon thereafter as possible. data for that collapsed entity must be Commerce invites comments regarding submitted. Opportunity to Request a Review: Not the CBP data and respondent selection later than the last day of March 2021,2 within five days of placement of the Deadline for Withdrawal of Request for interested parties may request CBP data on the record of the review. Administrative Review administrative review of the following In the event Commerce decides it is Pursuant to 19 CFR 351.213(d)(1), a orders, findings, or suspended necessary to limit individual party that requests a review may investigations, with anniversary dates in examination of respondents and withdraw that request within 90 days of March for the following periods:

Period

Antidumping Duty Proceedings AUSTRALIA: Certain Uncoated Paper, A–602–807 ...... 3/1/20–2/28/21 BELGIUM: Acetone, A–423–814 ...... 9/24/19–2/28/21 BRAZIL: Certain Uncoated Paper, A–351–842 ...... 3/1/20–2/28/21 CANADA: Iron Construction Castings, A–122–503 ...... 3/1/20–2/28/21

1 See Trade Preferences Extension Act of 2015, 2 Or the next business day, if the deadline falls Public Law 114–27, 129 Stat. 362 (2015). on a weekend, Federal holiday or any other day when Commerce is closed.

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Period

FRANCE: Brass Sheet & Strip, A–427–602 ...... 3/1/20–2/28/21 GERMANY: Brass Sheet & Strip, A–428–602 ...... 3/1/20–2/28/21 INDIA: Large Diameter Welded Pipe, A–533–881 ...... 3/1/20–2/28/21 Off-The-Road Tires, A–533–869 ...... 3/1/20–2/28/21 Sulfanilic Acid, A–533–806 ...... 3/1/20–2/28/21 INDONESIA: Certain Uncoated Paper, A–560–828 ...... 3/1/20–2/28/21 ITALY: Brass Sheet & Strip, A–475–601 ...... 3/1/20–2/28/21 PORTUGAL: Certain Uncoated Paper, A–471–807 ...... 3/1/20–2/28/21 REPUBLIC OF KOREA: Acetone, A–580–899 ...... 9/24/19–2/28/21 RUSSIA: Silicon Metal, A–821–817 ...... 3/1/20–2/28/21 SOUTH AFRICA: Acetone, A–791–824 ...... 9/24/19–2/28/21 Carbon and Alloy Steel Wire Rod, A–791–823 ...... 3/1/20–2/28/21 TAIWAN: Light-Walled Rectangular Welded Carbon Steel Pipe and Tube, A–583–803 ...... 3/1/20–2/28/21 THAILAND: Circular Welded Carbon Steel Pipes and Tubes, A–549–502 ...... 3/1/20–2/28/21 THE PEOPLE’S REPUBLIC OF CHINA: Ammonium Sulfate, A–570–049 ...... 3/1/20–2/28/21 Amorphous Silica Fabric, A–570–038 ...... 3/1/20–2/28/21 Certain Biaxial Integral Geogrid Products, A–570–036 ...... 3/1/20–2/28/21 Certain Carbon and Alloy Steel Cut-To-Length Plate, A–570–047 ...... 3/1/20–2/28/21 Certain Plastic Decorative Ribbon, A–570–075 ...... 3/1/20–2/28/21 Circular Welded Austenitic Stainless Pressure Pipe, A–570–930 ...... 3/1/20–2/28/21 Glycine, A–570–836 ...... 3/1/20–2/28/21 Large Diameter Welded Pipe, A–570–077 ...... 3/1/20 –2/28/21 Sodium Hexametaphosphate, A–570–908 ...... 3/1/20–2/28/21 Certain Tissue Paper Products, A–570–894 ...... 3/1/20–2/28/21 Certain Uncoated Paper, A–570–022 ...... 3/1/20–2/28/21 UKRAINE: Carbon and Alloy Steel Wire Rod, A–823–816 ...... 3/1/20–2/28/21 Countervailing Duty Proceedings INDIA: Fine Denier Polyester Staple Fiber, C–533–876 ...... 1/1/20–12/31/20 Large Diameter Welded Pipe, C–533–882 ...... 1/1/20–12/31/20 Off-The-Road Tires, C–533–870 ...... 1/1/20–12/31/20 Sulfanilic Acid, C–533–807 ...... 1/1/20–12/31/20 INDONESIA: Certain Uncoated Paper, C–560–829 ...... 1/1/20–12/31/20 IRAN: In-Shell Pistachios, C–507–501 ...... 1/1/20–12/31/20 THE PEOPLE’S REPUBLIC OF CHINA: Ammonium Sulfate, C–570–050 ...... 1/1/20–12/31/20 Amorphous Silica Fabric, C–570–039 ...... 1/1/20–12/31/20 Certain Biaxial Integral Geogrid Products, C–570–037 ...... 1/1/20–12/31/20 Certain Carbon and Alloy Steel Cut-To-Length Plate, C–570–048 ...... 1/1/20–12/31/20 Certain Plastic Decorative Ribbon, C–570–076 ...... 1/1/20–12/31/20 Circular Welded Austenitic Stainless Pressure Pipe, C–570–931 ...... 1/1/20–12/31/20 Fine Denier Polyester Staple Fiber, C–570–061 ...... 1/1/20–12/31/20 Large Diameter Welded Pipe, C–570–078 ...... 1/1/20–12/31/20 Certain Uncoated Paper, C–570–023 ...... 1/1/20–12/31/20 TURKEY: Circular Welded Carbon Steel Pipes and Tubes, C–489–502 ...... 1/1/20–12/31/20

Suspension Agreements which was produced in more than one As explained in Antidumping and country of origin and each country of Countervailing Duty Proceedings: None. origin is subject to a separate order, then Assessment of Antidumping Duties, 68 In accordance with 19 CFR the interested party must state FR 23954 (May 6, 2003), and Non- 351.213(b), an interested party as specifically, on an order-by-order basis, Market Economy Antidumping defined by section 771(9) of the Act may which exporter(s) the request is Proceedings: Assessment of request in writing that the Secretary intended to cover. conduct an administrative review. For Antidumping Duties, 76 FR 65694 both antidumping and countervailing Note that, for any party Commerce (October 24, 2011), Commerce clarified duty reviews, the interested party must was unable to locate in prior segments, its practice with respect to the specify the individual producers or Commerce will not accept a request for collection of final antidumping duties exporters covered by an antidumping an administrative review of that party on imports of merchandise where finding or an antidumping or absent new information as to the party’s intermediate firms are involved. The countervailing duty order or suspension location. Moreover, if the interested public should be aware of this agreement for which it is requesting a party who files a request for review is clarification in determining whether to review. In addition, a domestic unable to locate the producer or request an administrative review of interested party or an interested party exporter for which it requested the merchandise subject to antidumping described in section 771(9)(B) of the Act review, the interested party must findings and orders.3 must state why it desires the Secretary provide an explanation of the attempts Commerce no longer considers the to review those particular producers or it made to locate the producer or non-market economy (NME) entity as an exporters. If the interested party intends exporter at the same time it files its exporter conditionally subject to an for the Secretary to review sales of request for review, in order for the antidumping duty administrative merchandise by an exporter (or a Secretary to determine if the interested producer if that producer also exports party’s attempts were reasonable, 3 See the Enforcement and Compliance website at merchandise from other suppliers) pursuant to 19 CFR 351.303(f)(3)(ii). https://legacy.trade.gov/enforcement/.

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reviews.4 Accordingly, the NME entity March 2021. If Commerce does not Background will not be under review unless receive, by the last day of March 2021, On July 31, 2020, Commerce Commerce specifically receives a a request for review of entries covered published a notice of initiation of a new request for, or self-initiates, a review of by an order, finding, or suspended shipper review of the antidumping duty 5 the NME entity. In administrative investigation listed in this notice and for order on mattresses from the People’s reviews of antidumping duty orders on the period identified above, Commerce Republic of China (China).1 Commerce merchandise from NME countries where will instruct CBP to assess antidumping subsequently issued an antidumping a review of the NME entity has not been or countervailing duties on those entries duty questionnaire, and supplemental initiated, but where an individual at a rate equal to the cash deposit of questionnaires, to Sunbeauty and exporter for which a review was estimated antidumping or received timely responses. For initiated does not qualify for a separate countervailing duties required on those additional background, see the rate, Commerce will issue a final entries at the time of entry, or Preliminary Decision Memorandum.2 decision indicating that the company in withdrawal from warehouse, for question is part of the NME entity. consumption and to continue to collect Scope of the Order However, in that situation, because no the cash deposit previously ordered. The merchandise covered by the order review of the NME entity was For the first administrative review of are all types of youth and adult conducted, the NME entity’s entries any order, there will be no assessment mattresses from China. The products were not subject to the review and the of antidumping or countervailing duties subject to the order are currently rate for the NME entity is not subject to on entries of subject merchandise properly classifiable under Harmonized change as a result of that review entered, or withdrawn from warehouse, Tariff Schedule for the United States (although the rate for the individual for consumption during the relevant (HTSUS) subheadings: 9404.21.0010, exporter may change as a function of the provisional-measures ‘‘gap’’ period of 9404.21.0013, 9404.29.1005, finding that the exporter is part of the the order, if such a gap period is 9404.29.1013, 9404.29.9085, and NME entity). Following initiation of an applicable to the period of review. 9404.29.9087. Products subject to this antidumping administrative review This notice is not required by statute order may also enter under HTSUS when there is no review requested of the subheadings: 9404.21.0095, NME entity, Commerce will instruct but is published as a service to the international trading community. 9404.29.1095, 9404.29.9095, CBP to liquidate entries for all exporters 9401.40.0000, and 9401.90.5081. not named in the initiation notice, Dated: February 18, 2021. Although the HTSUS subheadings are including those that were suspended at James Maeder, provided for convenience and customs the NME entity rate. Deputy Assistant Secretary for Antidumping purposes, the written description of the All requests must be filed and Countervailing Duty Operations. merchandise subject to this order is electronically in Enforcement and [FR Doc. 2021–04133 Filed 2–26–21; 8:45 am] dispositive. For a complete description Compliance’s Antidumping and BILLING CODE 3510–DS–P of the scope of the order, see the Countervailing Duty Centralized Preliminary Decision Memorandum.3 Electronic Service System (ACCESS) on Enforcement and Compliance’s ACCESS DEPARTMENT OF COMMERCE Methodology website at https://access.trade.gov.6 Commerce is conducting this review Further, in accordance with 19 CFR International Trade Administration in accordance with section 75l(a)(2)(B) 351.303(f)(l)(i), a copy of each request of the Tariff Act of 1930, as amended must be served on the petitioner and [A–570–092] (the Act), and 19 CFR 351.214. For a full each exporter or producer specified in description of the methodology the request. Note that Commerce has Mattresses From the People’s Republic underlying our conclusions, see the temporarily modified certain of its of China: Preliminary Intent To Preliminary Decision Memorandum. A requirements for serving documents Rescind the 2020 Antidumping Duty list of sections in the Preliminary containing business proprietary New Shipper Review Decision Memorandum is attached in 7 information, until further notice. the appendix to this notice. The Commerce will publish in the Federal AGENCY : Enforcement and Compliance, Preliminary Decision Memorandum is a Register a notice of ‘‘Initiation of International Trade Administration, public document and is on file Administrative Review of Antidumping Department of Commerce. electronically via Enforcement and or Countervailing Duty Order, Finding, SUMMARY: The Department of Commerce Compliance’s Antidumping and or Suspended Investigation’’ for (Commerce) preliminarily finds that Countervailing Duty Centralized requests received by the last day of Shanghai Sunbeauty Trading Co., Ltd. Electronic Service System (ACCESS). (Sunbeauty) did not make a bona fide ACCESS is available to registered users 4 See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent sale during the period of review (POR). at https://access.trade.gov. In addition, a Selection in Antidumping Duty Proceedings and Therefore, we preliminarily determine complete version of the Preliminary Conditional Review of the Nonmarket Economy to rescind this new shipper review Decision Memorandum can be accessed Entity in NME Antidumping Duty Proceedings, 78 (NSR). directly at http://enforcement.trade.gov/ FR 65963 (November 4, 2013). frn/. The signed Preliminary Decision 5 In accordance with 19 CFR 351.213(b)(1), parties DATES: Applicable March 1, 2021. should specify that they are requesting a review of entries from exporters comprising the entity, and to FOR FURTHER INFORMATION CONTACT: 1 See Mattresses from the People’s Republic of the extent possible, include the names of such Jesse Montoya, AD/CVD Operations, China: Initiation of Antidumping Duty New Shipper exporters in their request. Office IV, Enforcement and Compliance, Review, 85 FR 46069 (July 31, 2020). 6 See Antidumping and Countervailing Duty 2 See Memorandum, ‘‘Decision Memorandum for Proceedings: Electronic Filing Procedures; International Trade Administration, the Preliminary Intent to Rescind the 2020 Administrative Protective Order Procedures, 76 FR Department of Commerce, 1401 Antidumping Duty New Shipper Review of 39263 (July 6, 2011). Constitution Avenue NW, Washington, Mattresses from the People’s Republic of China,’’ 7 See Temporary Rule Modifying AD/CVD Service DC 20230; telephone: (202) 482–8211. issued concurrently with, and hereby adopted by, Requirements Due to COVID–19, 85 FR 41363 (July this notice (Preliminary Decision Memorandum). 10, 2020). SUPPLEMENTARY INFORMATION: 3 Id.

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Memorandum and the electronic proprietary information, until further the calculated weighted-average version of the Preliminary Decision notice.11 dumping margin. Memorandum are identical in content. Pursuant to 19 CFR 351.310(c), any interested party may request a hearing Notification to Importers Preliminary Intent To Rescind the within 30 days of the publication of this Antidumping Duty New Shipper This notice also serves as a notice in the Federal Register. If a Review preliminary reminder to importers of hearing is requested, Commerce will their responsibility under 19 CFR As discussed in the Bona Fide Sales notify interested parties of the hearing 351.402(f)(2) to file a certificate Analysis Memorandum,4 Commerce date and time to be determined. regarding the reimbursement of preliminarily finds Sunbeauty did not Interested parties who wish to request a antidumping duties prior to liquidation make a bona fide sale during the POR.5 hearing must submit a written request to of the relevant entries during this Commerce reached this conclusion the Assistant Secretary for Enforcement review period. Failure to comply with based on the totality of the and Compliance, filed electronically via this requirement could result in circumstances, including, among other ACCESS within 30 days after the date of Commerce’s presumption that things, the sale price and quantity. publication of this notice. Requests reimbursement of antidumping duties Because Sunbeauty did not make any should contain: (1) The party’s name, occurred and the subsequent assessment bona fide sales during the POR, we address, and telephone number; (2) the of double antidumping duties. preliminarily determine to rescind this number of hearing participants; and (3) review.6 Because the factual information a list of the issues to be discussed in the Notification to Interested Parties used in our bona fides analysis of hearing. Issues raised in the hearing will Sunbeauty’s sale involves business be limited to those raised in the We are issuing and publishing these proprietary information, a full respective case and rebuttal briefs. results in accordance with sections discussion of our analysis is in the Commerce intends to issue the final 751(a)(2)(B) and 777(i)(1) of the Act. proprietary Bona Fide Sales Analysis results of this review, which will Dated: February 18, 2021. Memorandum. include the results of its analysis of Christian Marsh, Public Comment issues raised in any briefs and rebuttal Acting Assistant Secretary for Enforcement briefs received, no later than 90 days and Compliance. Interested parties are invited to after the date these preliminary results comment on the preliminary results of of review are issued, pursuant to section Appendix this review. Pursuant to 19 CFR 751(a)(2)(B) of the Act. List of Issues Discussed in the Preliminary 351.309(c)(1)(ii), interested parties may Decision Memorandum submit case briefs no later than 30 days Assessment Rates after the date of publication of this I. Summary If Commerce issues a final rescission II. Background notice. Rebuttal briefs, limited to issues of this review, it intends to instruct U.S. raised in the case briefs, may be filed no III. Scope of the Order Customs and Border Protection (CBP) to IV. Discussion of the Methodology later than seven days after the time limit liquidate the relevant entry at the China- V. Conclusion for filing case briefs.7 Parties who wide rate. [FR Doc. 2021–04175 Filed 2–26–21; 8:45 am] submit case briefs or rebuttal briefs in If Commerce does not proceed to a this proceeding are requested to submit final rescission of this NSR, pursuant to BILLING CODE 3510–DS–P with each brief: (1) A statement of the 19 CFR 351.202(b)(1), it will calculate issue; (2) a brief summary of the an importer-specific assessment rate DEPARTMENT OF COMMERCE argument; and (3) a table of authorities.8 based on the final results of this review. Executive summaries should be limited However, pursuant to Commerce’s International Trade Administration to five pages total, including footnotes.9 refinement to its assessment practice in All submissions, with limited non-market economy cases, for entries Antidumping or Countervailing Duty exceptions, must be filed electronically that were not reported in the U.S. sales Order, Finding, or Suspended 10 using ACCESS. Electronically filed database submitted by Sunbeauty, Investigation; Advance Notification of comments must be received successfully Commerce intends to instruct CBP to Sunset Review in its entirety by Commerce’s electronic liquidate such entries at the China-wide records system, ACCESS, by 5 p.m. rate.12 AGENCY: Enforcement and Compliance, Eastern Time on the due date. Note that International Trade Administration, Cash Deposit Requirements Commerce has temporarily modified Department of Commerce. certain of its requirements for serving If Commerce proceeds to a final documents containing business rescission of this review, the cash Background deposit rate will continue to be the 4 See Memorandum, ‘‘2020 Antidumping Duty Every five years, pursuant to the Tariff China-wide rate for Sunbeauty because Act of 1930, as amended (the Act), the New Shipper Review of Mattresses from the Commerce will not have determined an People’s Republic of China: Preliminary Bona Fide Department of Commerce (Commerce) Sales Analysis for Shanghai Sunbeauty Trading Co., individual weighted-average dumping and the International Trade Commission Ltd.,’’ dated concurrently with this notice (Bona margin for Sunbeauty. If Commerce automatically initiate and conduct Fide Sales Analysis Memorandum). determines an individual weighted- 5 reviews to determine whether The POR for this NSR is June 4, 2019, through average dumping margin for Sunbeauty, May 31, 2020. revocation of a countervailing or it intends to instruct CBP to collect cash 6 See 19 CFR 351.213(d)(3). antidumping duty order or termination 7 See 19 CFR 351.309(d)(1); see also Temporary deposits, effective upon the publication of an investigation suspended under Rule Modifying AD/CVD Service Requirements Due of the final results of review, equal to section 704 or 734 of the Act would be to COVID–19; Extension of Effective Period, 85 FR likely to lead to continuation or 41363 (July 10, 2020) (Temporary Rule). 11 See Temporary Rule. 8 See 19 CFR 351.309(c)(2) and (d)(2). 12 See Non-Market Economy Antidumping recurrence of dumping or a 9 Id. Proceedings: Assessment of Antidumping Duties, 76 countervailable subsidy (as the case may 10 See 19 CFR 351.303. FR 65694, 65694–95 (October 24, 2011). be) and of material injury.

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Upcoming Sunset Reviews for April scheduled for initiation in April 2021 2021 and will appear in that month’s Notice Pursuant to section 751(c) of the Act, of Initiation of Five-Year Sunset Reviews the following Sunset Reviews are (Sunset Review).

Department contact

Antidumping Duty Proceedings Polyethylene Terephthalate Resin from Canada A–122–855 (1st Review) ...... Thomas Martin (202) 482–3936. Polyethylene Terephthalate Resin from Oman A–523–810 (1st Review) ...... Thomas Martin (202) 482–3936. Polyethylene Terephthalate Resin from India A–533–861 (1st Review) ...... Thomas Martin (202) 482–3936. Polyethylene Retail Carrier Bags from Indonesia A–560–822 (2nd Review) ...... Mary Kolberg (202) 482–1785. Polyethylene Retail Carrier Bags from Malaysia A–557–813 (3rd Review) ...... Mary Kolberg (202) 482–1785. Polyethylene Terephthalate Resin from China A–570–024 (1st Review) ...... Thomas Martin (202) 482–3936. Petroleum Wax Candles from China A–570–504 (5th Review) ...... Thomas Martin (202) 482–3936. Polyethylene Retail Carrier Bags from Thailand A–549–821 (3rd Review) ...... Mary Kolberg (202) 482–1785. Polyethylene Retail Carrier Bags from Vietnam A–552–806 (2nd Review) ...... Mary Kolberg (202) 482–1785. Polyethylene Retail Carrier Bags from Taiwan A–583–843 (2nd Review) ...... Mary Kolberg (202) 482–1785. Polyethylene Retail Carrier Bags from China A–570–886 (3rd Review) ...... Mary Kolberg (202) 482–1785. Countervailing Duty Proceedings Polyethylene Terephthalate Resin from China C–570–025 (1st Review) ...... Jacqueline Arrowsmith (202) 482– 5255. Polyethylene Terephthalate Resin from India C–533–862 (1st Review) ...... Jacqueline Arrowsmith (202) 482– 5255. Polyethylene Retail Carrier Bags from Vietnam C–552–805 (2nd Review) ...... Jacqueline Arrowsmith (202) 482– 5255. Suspended Investigations No Sunset Review of suspended investigations is scheduled for initiation in April 2021.

Commerce’s procedures for the Dated: February 16, 2021. AD/CVD Operations Office VI, conduct of Sunset Review are set forth James Maeder, Enforcement and Compliance, in 19 CFR 351.218. The Notice of Deputy Assistant Secretary for Antidumping International Trade Administration, Initiation of Five-Year (Sunset) Review and Countervailing Duty Operations. U.S. Department of Commerce, 1401 provides further information regarding [FR Doc. 2021–04132 Filed 2–26–21; 8:45 am] Constitution Avenue NW, Washington, what is required of all parties to BILLING CODE 3510–DS–P DC 20230; telephone: (202) 482–1167 or participate in Sunset Review. (202) 482–6250, respectively. Pursuant to 19 CFR 351.103(c), SUPPLEMENTARY INFORMATION: Commerce will maintain and make DEPARTMENT OF COMMERCE available a service list for these Background proceedings. To facilitate the timely International Trade Administration On December 2, 2004, Commerce preparation of the service list(s), it is [A–570–891] published in the Federal Register the requested that those seeking recognition antidumping duty order on hand trucks as interested parties to a proceeding Hand Trucks and Certain Parts Thereof from China.1 On July 1, 2020, contact Commerce in writing within 10 From the People’s Republic of China: Commerce initiated, and the ITC days of the publication of the Notice of Continuation of Antidumping Duty instituted, the five-year (sunset) review Initiation. Order of the Order pursuant to section 751(c) Please note that if Commerce receives of the Tariff Act of 1930, as amended a Notice of Intent to Participate from a AGENCY: Enforcement and Compliance, (the Act).2 On November 4, 2020, member of the domestic industry within International Trade Administration, Commerce published in the Federal 15 days of the date of initiation, the Department of Commerce. Register the result of its third expedited review will continue. SUMMARY: As a result of the sunset review of the antidumping duty Thereafter, any interested party determinations by the Department of order on hand trucks from China.3 As a wishing to participate in the Sunset Commerce (Commerce) and the result of its review, Commerce Review must provide substantive International Trade Commission (ITC) determined that revocation of the Order comments in response to the notice of that revocation of the antidumping duty would likely lead to a continuation or initiation no later than 30 days after the order on hand trucks and certain parts recurrence of dumping and, therefore, date of initiation. Note that Commerce thereof (hand trucks) from the People’s has modified certain of its requirements Republic of China (China) would likely 1 See Notice of Antidumping Duty Order: Hand Trucks and Certain Parts Thereof from the People’s for serving documents containing lead to continuation or recurrence of Republic of China, 69 FR 70122 (December 2, 2004) business proprietary information, until dumping and material injury to an (the Order). further notice.1 industry in the United States, 2 See Initiation of Five-Year (‘‘Sunset’’) Reviews, This notice is not required by statute Commerce is publishing a notice of 85 FR 39526 (July 1, 2020); see also Hand Trucks but is published as a service to the continuation of the antidumping duty and Certain Parts Thereof from China; Institution of a Five-Year Review, 85 FR 39584 (July 1, 2020). international trading community. order. 3 See Hand Trucks and Certain Parts Thereof DATES: Applicable March 1, 2021. from the People’s Republic of China: Final Results 1 See Temporary Rule Modifying AD/CVD Service of the Expedited Third Sunset Review of the Requirements Due to COVID–19; Extension of FOR FURTHER INFORMATION CONTACT: Antidumping Duty Order, 85 FR 70129 (November Effective Period, 85 FR 41363 (July 10, 2020). George McMahon or Margaret Collins, 4, 2020).

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notified the ITC of the magnitude of the convertible hand truck, appliance hand fifth anniversary of the effective date of margins likely to prevail should the truck, cylinder hand truck, bag truck, continuation. Order be revoked.4 dolly, or hand trolley. They are typically Administrative Protective Order (APO) On February 16, 2021, the ITC imported under heading 8716.80.5010 published its determination, pursuant to of the Harmonized Tariff Schedule of This notice also serves as the only section 751(c) of the Act, that revocation the United States (HTSUS), although reminder to parties subject to APO of of the Order would likely lead to a they may also be imported under their responsibility concerning the continuation or recurrence of material heading 8716.80.5090. Specific parts of return, destruction, or conversion to injury to an industry in the United a hand truck, namely the vertical frame, judicial protective order of proprietary States within a reasonably foreseeable the handling area and the projecting information disclosed under APO in time.5 edges or toe plate, or any combination accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the Scope of the Order thereof, are typically imported under heading 8716.90.5060 of the HTSUS. APO which may be subject to sanctions. The merchandise subject to this Order Although the HTSUS subheadings are Notification to Interested Parties consists of hand trucks manufactured provided for convenience and customs from any material, whether assembled purposes, Commerce’s written This five-year (sunset) review and this or unassembled, complete or description of the scope is dispositive. notice are in accordance with section incomplete, suitable for any use, and Excluded from the scope are small 751(c) of the Act and published certain parts thereof, namely the vertical two-wheel or four-wheel utility carts pursuant to section 777(i)(1) of the Act frame, the handling area and the specifically designed for carrying loads and 19 CFR 351.218(f)(4). projecting edges or toe plate, and any like personal bags or luggage in which Dated: February 19, 2021. combination thereof. the frame is made from telescoping Christian Marsh, A complete or fully assembled hand tubular material measuring less than 5⁄8 truck is a hand-propelled barrow Acting Assistant Secretary for Enforcement inch in diameter; hand trucks that use and Compliance. consisting of a vertically disposed frame motorized operations either to move the [FR Doc. 2021–04186 Filed 2–26–21; 8:45 am] having a handle or more than one hand truck from one location to the next handle at or near the upper section of or to assist in the lifting of items placed BILLING CODE 3510–DS–P the vertical frame; at least two wheels at on the hand truck; vertical carriers or near the lower section of the vertical designed specifically to transport golf DEPARTMENT OF COMMERCE frame; and a horizontal projecting edge bags; and wheels and tires used in the or edges, or toe plate, perpendicular or manufacture of hand trucks. International Trade Administration angled to the vertical frame, at or near Excluded from the scope is a the lower section of the vertical frame. multifunction cart that combines, Notice of Decision on Application for The projecting edge or edges, or toe among others, the capabilities of a Duty-Free Entry of Scientific plate, slides under a load for purposes wheelbarrow and dolly. The product Instruments, Cornell University, et al. of lifting and/or moving the load. That comprises a steel frame that can be the vertical frame can be converted from converted from vertical to horizontal This is a decision pursuant to Section a vertical setting to a horizontal setting, functionality, two wheels toward the 6(c) of the Educational, Scientific, and then operated in that horizontal setting lower end of the frame and two Cultural Materials Importation Act of as a platform, is not a basis for exclusion removable handles near the top. In 1966 (Pub. L. 89–651, as amended by of the hand truck from the scope of this addition to a foldable projection edge in Pub. L. 106–36; 80 Stat. 897; 15 CFR order. That the vertical frame, handling its extended position, it includes a part 301). On January 27, 2021, the area, wheels, projecting edges or other permanently attached steel tub or Department of Commerce published a parts of the hand truck can be collapsed barrow. This product is currently notice in the Federal Register or folded is not a basis for exclusion of available under proprietary trade names requesting public comment on whether the hand truck from the scope of the such as the ‘‘Aerocart.’’ instruments of equivalent scientific order. That other wheels may be value, for the purposes for which the connected to the vertical frame, Continuation of the Order instruments identified in the docket(s) handling area, projecting edges, or other As a result of the determinations by below are intended to be used, are being parts of the band truck, in addition to Commerce and the ITC that revocation manufactured in the United States. See the two or more wheels located at or of the Order would likely lead to a Application(s) for Duty-Free Entry of near the lower section of the vertical continuation or recurrence of dumping Scientific Instruments, 86 FR 7271, frame, is not a basis for exclusion of the and material injury to an industry in the January 27, 2021 (Notice).We received hand truck from the scope of the order. United States, pursuant to section no public comments. Finally, that the band truck may exhibit 751(d)(2) of the Act, Commerce hereby Docket Number: 20–010. Applicant: physical characteristics in addition to orders the continuation of the Order. Cornell University, Department of the vertical frame, the handling area, the U.S. Customs and Border Protection will Materials Science and Engineering, projecting edges or toe plate, and the continue to collect antidumping duty Carpenter Hall, 313 Campus Road, two wheels at or near the lower section cash deposits at the rates in effect at the Ithaca, NY 14853. Instrument: Six-axes of the vertical frame, is not a basis for time of entry for all imports of subject sample manipulator for ample resolved exclusion of the hand truck from the merchandise. photoemission. Manufacturer: Fermi scope of the order. The effective date of the continuation Instruments, China. Intended Use: See Examples of names commonly used to of the Order will be the date of Notice at 86 FR7271, January 27, 2021. reference hand trucks are hand truck, publication in the Federal Register of Comments: None received. Decision: this notice of continuation. Pursuant to Approved. We know of no instruments 4 Id. section 751(c)(2) of the Act and 19 CFR of equivalent scientific value to the 5 See Hand Trucks and Certain Parts Thereof 351.218(c)(2), Commerce intends to foreign instruments described below, for from China Inv. No. 731–TA–1059 (Third Review), 86 FR 9535 (February 16, 2021); see also USITC initiate the next five-year review of the such purposes as this is intended to be Pub. 2021–03059 (February 2021). Order not later than 30 days prior to the used, that were being manufactured in

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the United States at the time of order. photoemission, the standard excitation SUMMARY: In accordance with the Tariff Reasons: According to the applicant, the source is a helium (He) gas discharge Act of 1930, as amended (the Act), the instrument will be used to fabricate on lamp, which excites He atoms and emits Department of Commerce (Commerce) is site new material and to study its light caused by the de-excitation automatically initiating the five-year electronic properties with several process. It is widely used in many reviews (Sunset Reviews) of the experimental techniques. Angle laboratories and sold by a few antidumping and countervailing duty resolved photoemission (ARPES) will be companies in the world. (AD/CVD) order(s) and suspended the main technique, as it conveys Docket Number: 20–012. Applicant: investigation(s) listed below. The University of Minnesota, Department of directly most information needed on the International Trade Commission (the Chemical Engineering and Materials electronic structure of the material, e.g., ITC) is publishing concurrently with Science, 421 Washington Avenue SE, whether it is conducting/insulating/ this notice its notice of Institution of superconducting anisotropic, close to an Minneapolis MN 55455. Instrument: Five-Year Reviews which covers the electronic instability, likely to undergo Spark Plasma Sintering Systems. same order(s) and suspended an electronic transition, etc. According Manufacturer: SUGA Co., Ltd., Japan. investigation(s). to the applicant, this is of great Intended Use: According to the applicant, the instrument will be used importance for fundamental physics, DATES: Applicable March 1, 2021. but in a longer-term perspective, also in to study a variety of structural ceramic order to identify the potential of and metal materials including refractory FOR FURTHER INFORMATION CONTACT: materials for applications, in particular alloys (e.g., containing combinations of Commerce official identified in the in energy production, conversion and Nb, Ta, W, Mo, Zr, Hf, etc.,), (oxide Initiation of Review section below at storage. The ARPES set up, as well as, ceramics such as Gd2Zr2O7), (Y5Al3O12), AD/CVD Operations, Enforcement and the molecular beam epitaxy station for and Y2Si2O7, and non-oxide ceramics Compliance, International Trade materials fabrication, will be used as a such as SiC and Si3N4. The instrument Administration, U.S. Department of facility for internal and external users, will also be used to study the sintering Commerce, 1401 Constitution Avenue which will have to submit proposals or consolidation behavior of these NW, Washington, DC 20230. For and apply for time to perform their materials and will be used to prepare information from the ITC, contact Mary dense specimens to be analyzed using experiments. Messer, Office of Investigations, U.S. other instruments. The research focuses Docket Number: 20–011. Applicant: International Trade Commission at (202) on the development or materials with Cornell University, Department and 205–3193. Materials and Science Engineering, improved performance in extreme Carpenter Hall, 313 Campus Road, environments. The instrument will be SUPPLEMENTARY INFORMATION: used to generate dense specimens of the Ithaca, NY 14853. Instrument: Multi-gas Background lamp for angle-resolved photoemission. materials described above, which will Manufacturer: Fermi, China. Intended subsequently be tested using other Commerce’s procedures for the methods to determine their performance Use: According to the applicant, the conduct of Sunset Reviews are set forth in oxidizing or corrosive environments. instrument will be used to fabricate on in its Procedures for Conducting Five- site new material and to study its A key aspect of the investigations involved rapid consolidation in order to Year (Sunset) Reviews of Antidumping electronic properties with several and Countervailing Duty Orders, 63 FR experimental techniques. Angle achieve high density while limiting grain growth associated with longer 13516 (March 20, 1998) and 70 FR resolved photoemission (ARPES) will be 62061 (October 28, 2005). Guidance on the main technique, as it conveys exposures to high temperature used in other sintering techniques. methodological or analytical issues directly most information needed on the relevant to Commerce’s conduct of electronic structure of the material, e.g., Dated: February 23, 2021. Sunset Reviews is set forth in whether it is conducting/insulating/ Richard Herring, Antidumping Proceedings: Calculation superconducting anisotropic, close to an Director, Subsidies Enforcement, Enforcement of the Weighted-Average Dumping electronic instability, likely to undergo and Compliance. Margin and Assessment Rate in Certain an electronic transition, etc. According [FR Doc. 2021–04079 Filed 2–26–21; 8:45 am] Antidumping Duty Proceedings; Final to the applicant, this is of great BILLING CODE 3510–DS–P importance for fundamental physics, Modification, 77 FR 8101 (February 14, but in a longer-term perspective, also in 2012). order to identify the potential of DEPARTMENT OF COMMERCE Initiation of Review materials for applications, in particular, in energy production, conversion and International Trade Administration In accordance with section 751(c) of storage. The excitation source is a key Initiation of Five-Year (Sunset) the Act and 19 CFR 351.218(c), we are element of any photoemission setup. It Reviews initiating the Sunset Review(s) of the provides a beam of light which is following antidumping and directed to the sample and causes the AGENCY: Enforcement and Compliance, countervailing duty order(s) and emission of the electrons, object of the International Trade Administration, suspended investigation(s): measurement. For angle-resolved Department of Commerce.

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

A–475–059 ...... AA1921–167 ..... Italy ...... Pressure Sensitive Plastic Tape (5th Review) ...... Mary Kolberg (202) 482–1785.

Filing Information proceedings, including copies of the Sunset Reviews, a listing of past As a courtesy, we are making pertinent statute and Commerce’s revocations and continuations, and information related to sunset regulations, Commerce’s schedule for current service lists, available to the

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public on Commerce’s website at the 351.102(b), wishing to participate in a Management and Budget (OMB) for following address: https:// Sunset Review must respond not later review and clearance in accordance enforcement.trade.gov/sunset. All than 15 days after the date of with the Paperwork Reduction Act of submissions in these Sunset Reviews publication in the Federal Register of 1995, on or after the date of publication must be filed in accordance with this notice of initiation by filing a notice of this notice. We invite the general Commerce’s regulations regarding of intent to participate. The required public and other Federal agencies to format, translation, and service of contents of the notice of intent to comment on proposed, and continuing documents. These rules, including participate are set forth at 19 CFR information collections, which helps us electronic filing requirements via 351.218(d)(1)(ii). In accordance with assess the impact of our information Enforcement and Compliance’s Commerce’s regulations, if we do not collection requirements and minimize Antidumping and Countervailing Duty receive a notice of intent to participate the public’s reporting burden. Public Centralized Electronic Service System from at least one domestic interested comments were previously requested (ACCESS), can be found at 19 CFR party by the 15-day deadline, Commerce via the Federal Register on October 28, 351.303. will automatically revoke the order 2020, (85 FR 68305) during a 60-day In accordance with section 782(b) of without further review.2 comment period. This notice allows for the Act, any party submitting factual If we receive an order-specific notice an additional 30 days for public information in an AD/CVD proceeding of intent to participate from a domestic comments. must certify to the accuracy and interested party, Commerce’s Agency: National Oceanic and completeness of that information. regulations provide that all parties Atmospheric Administration (NOAA), Parties must use the certification wishing to participate in a Sunset Commerce. formats provided in 19 CFR 351.303(g). Review must file complete substantive Title: Pacific Islands Region Vessel Commerce intends to reject factual responses not later than 30 days after and Gear Identification Requirements. submissions if the submitting party does the date of publication in the Federal OMB Control Number: 0648–0360. not comply with applicable revised Register of this notice of initiation. The Form Number(s): None. certification requirements. required contents of a substantive Type of Request: Regular. response, on an order-specific basis, are Number of Respondents: 484. Letters of Appearance and Average Hours per Response: 1 Hour, set forth at 19 CFR 351.218(d)(3). Note Administrative Protective Orders Vessel ID Requirements; 1 Minute, Gear that certain information requirements ID Requirements. Pursuant to 19 CFR 351.103(d), differ for respondent and domestic Commerce will maintain and make Total Annual Burden Hours: 1,217. parties. Also, note that Commerce’s Needs and Uses: Regulations at 50 available a public service list for these information requirements are distinct CFR 665.16, 300.35, and 300.217 require proceedings. Parties wishing to from the ITC ’s information that all U.S. vessels with Federal participate in any of these five-year requirements. Consult Commerce’s permits fishing for western Pacific reviews must file letters of appearance regulations for information regarding fishery management unit species as discussed at 19 CFR 351.103(d). To Commerce’s conduct of Sunset Reviews. display identification markings on the facilitate the timely preparation of the Consult Commerce’s regulations at 19 vessel. Each Vessel registered for use public service list, it is requested that CFR part 351 for definitions of terms with a permit issued under Subparts B those seeking recognition as interested and for other general information through E and Subparts G through I of parties to a proceeding submit an entry concerning antidumping and 50 CFR 665, must have the vessel’s of appearance within 10 days of the countervailing duty proceedings at official number displayed on both sides publication of the Notice of Initiation. Commerce. of the deckhouse or hull, and on an Because deadlines in Sunset Reviews This notice of initiation is being appropriate weather deck. Regulations can be very short, we urge interested published in accordance with section at 50 CFR 300.35 require that each parties who want access to proprietary 751(c) of the Act and 19 CFR 351.218(c). vessel fishing under the South Pacific information under administrative Dated: February 16, 2021. Tuna Treaty must display its protective order (APO) to file an APO James Maeder, international radio call sign on the hull, application immediately following Deputy Assistant Secretary for Antidumping the deck, and on the sides of auxiliary publication in the Federal Register of and Countervailing Duty Operations. equipment, such as skiffs and this notice of initiation. Commerce’s [FR Doc. 2021–04134 Filed 2–26–21; 8:45 am] helicopters. Vessels fishing for highly regulations on submission of proprietary BILLING CODE 3510–DS–P migratory species in the Western and information and eligibility to receive Central Pacific Fisheries Commission access to business proprietary (WCPFC) Convention Area and in information under APO can be found at DEPARTMENT OF COMMERCE international waters must comply with 19 CFR 351.304–306. Note that the regulations at 50 CFR 300.217 Commerce has temporarily modified National Oceanic and Atmospheric requiring the display of the vessel’s certain of its requirements for serving Administration international radio call sign on both documents containing business sides of the deckhouse or hull, and on proprietary information, until further Agency Information Collection an appropriate weather deck, unless notice.1 Activities; Submission to the Office of Management and Budget (OMB) for specifically exempted. In each case, the Information Required From Interested Review and Approval; Comment numbers must be a specific size and in Parties Request; Pacific Islands Region Vessel specified locations. The display of the Domestic interested parties, as and Gear Identification Requirements identifying numbers aids in fishery law defined in section 771(9)(C), (D), (E), (F), enforcement. The regulations at 50 CFR 665.128, and (G) of the Act and 19 CFR The Department of Commerce will submit the following information 665.228, 665.428, 665.628, and 665.804 1 See Temporary Rule Modifying AD/CVD Service collection request to the Office of require that certain fishing gear must be Requirements Due to COVID–19, 85 FR 41363 (July marked. In the pelagic longline 10, 2020). 2 See 19 CFR 351.218(d)(1)(iii). fisheries, the vessel operator must

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ensure that the official number of the ADDRESSES: The application and related application to the Marine Mammal vessel is affixed to every longline buoy documents are available for review by Commission and its Committee of and float. In the coral reef ecosystem selecting ‘‘Records Open for Public Scientific Advisors. fisheries, the vessel number must be Comment’’ from the ‘‘Features’’ box on Dated: February 24, 2021. affixed to all fish and crab traps. The the Applications and Permits for Amy Sloan, marking of gear links fishing or other Protected Species (APPS) home page, Acting Chief, Permits and Conservation activity to the vessel, aids law https://apps.nmfs.noaa.gov, and then Division, Office of Protected Resources, enforcement, and is valuable in actions selecting File No. 23188 from the list of National Marine Fisheries Service. concerning the damage to or loss of gear, available applications. These documents [FR Doc. 2021–04121 Filed 2–26–21; 8:45 am] and civil proceedings. are also available upon written request BILLING CODE 3510–22–P Affected Public: Mainly small for- via email to NMFS.Pr1Comments@ profit businesses and individuals. noaa.gov. Frequency: As required. Written comments on this application DEPARTMENT OF COMMERCE Respondent’s Obligation: Mandatory. should be submitted via email to Legal Authority: Magnuson-Stevens [email protected]. Please National Oceanic and Atmospheric Fishery Conservation and Management include File No. 23188 in the subject Administration Act. line of the email comment. This information collection request Those individuals requesting a public [RTID 0648–XA869] may be viewed at www.reginfo.gov. hearing should submit a written request Takes of Marine Mammals Incidental to Follow the instructions to view the via email to NMFS.Pr1Comments@ Specified Activities; Taking Marine Department of Commerce collections noaa.gov. The request should set forth Mammals Incidental to Site currently under review by OMB. the specific reasons why a hearing on Characterization Surveys off the Coast Written comments and this application would be appropriate. of Massachusetts recommendations for the proposed FOR FURTHER INFORMATION CONTACT: Sara information collection should be Young or Shasta McClenahan, Ph.D., AGENCY: National Marine Fisheries submitted within 30 days of the (301) 427–8401. Service (NMFS), National Oceanic and publication of this notice on the SUPPLEMENTARY INFORMATION: The Atmospheric Administration (NOAA), following website www.reginfo.gov/ subject amendment to Permit No. 23188 Commerce. public/do/PRAMain. Find this is requested under the authority of the ACTION: Notice; proposed incidental particular information collection by Marine Mammal Protection Act of 1972, harassment authorization; request for selecting ‘‘Currently under 30-day as amended (16 U.S.C. 1361 et seq.) and comments on proposed authorization Review—Open for Public Comments’’ or the regulations governing the taking and and possible renewal. by using the search function and importing of marine mammals (50 CFR SUMMARY: entering either the title of the collection part 216). NMFS has received a request or the OMB Control Number 0648–0360. Permit No. 23188, issued on from Mayflower Wind Energy LLC September 25, 2020 (85 FR 63524), (Mayflower) for authorization to take Sheleen Dumas, marine mammals incidental to site Department PRA Clearance Officer, Office of authorizes the permit holder to conduct scientific research on northern elephant characterization surveys off the coast of the Chief Information Officer, Commerce Massachusetts in the area of the Department. seals (Mirounga angustirostris) in California. The permit continues a long- Commercial Lease of Submerged Lands [FR Doc. 2021–04113 Filed 2–26–21; 8:45 am] for Renewable Energy Development on BILLING CODE 3510–22–P term research program started in 1968 to study northern elephant seal population the Outer Continental Shelf (OCS–A growth and status, reproductive 0521) and along a potential submarine cable route to landfall at Falmouth, DEPARTMENT OF COMMERCE strategies, behavioral and physiological adaptations for diving and fasting, Massachusetts. Pursuant to the Marine National Oceanic and Atmospheric general physiology and metabolism, and Mammal Protection Act (MMPA), NMFS Administration sensory physiology. The permit holder is requesting comments on its proposal to issue an incidental harassment [RTID 0648–XA896] is requesting the permit be amended to include a new research location and authorization (IHA) to incidentally take marine mammals during the specified Marine Mammals; File No. 23188 increase the number of takes of juvenile elephant seals by 50 animals annually activities. NMFS is also requesting AGENCY: National Marine Fisheries for the currently authorized activities. comments on a possible one-year Service (NMFS), National Oceanic and The increased takes will be for a renewal that could be issued under Atmospheric Administration (NOAA), comparative study of weaning weights certain circumstances and if all Commerce. across colonies, including the Lost Coast requirements are met, as described in Request for Public Comments at the end ACTION: Notice; receipt of application for colony in the King Range National permit amendment. Conservation Area. of this notice. NMFS will consider In compliance with the National public comments prior to making any SUMMARY: Notice is hereby given that Environmental Policy Act of 1969 (42 final decision on the issuance of the the Institute of Marine Sciences, U.S.C. 4321 et seq.), an initial requested MMPA authorizations and University of California at Santa Cruz, determination has been made that the agency responses will be summarized in 130 McAllister Way, Santa Cruz, CA activity proposed is categorically the final notice of our decision. 95060 (Responsible Party: Daniel Costa, excluded from the requirement to DATES: Comments must be received by Ph.D.), has applied for an amendment to prepare an environmental assessment or March 31, 2021. scientific research permit No. 23188. environmental impact statement. ADDRESSES: Comments should be DATES: Written, telefaxed, or email Concurrent with the publication of addressed to Jolie Harrison, Chief, comments must be received on or before this notice in the Federal Register, Permits and Conservation Division, March 1, 2021. NMFS is forwarding copies of this Office of Protected Resources, National

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Marine Fisheries Service, and should be similar significance, and on the 2020 through July 22, 2021. However, submitted via email to ITP.Pauline@ availability of the species or stocks for the surveys began on July 23, 2020 and noaa.gov. taking for certain subsistence uses ended on October 23, 2020. Mayflower Instructions: NMFS is not responsible (referred to in shorthand as submitted a marine mammal monitoring for comments sent by any other method, ‘‘mitigation’’); and requirements report and complied with all the to any other address or individual, or pertaining to the mitigation, monitoring requirements (e.g., mitigation, received after the end of the comment and reporting of the takings are set forth. monitoring, and reporting) of the period. Comments, including all The definitions of all applicable MMPA previous IHA. Information regarding attachments, must not exceed a 25- statutory terms cited above are included their monitoring results may be found in megabyte file size. All comments in the relevant sections below. the Estimated Take section. received are a part of the public record National Environmental Policy Act Description of Proposed Activity and will generally be posted online at www.fisheries.noaa.gov/permit/ To comply with the National Overview incidental-take-authorizations-under- Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.) and Mayflower proposes to conduct marine-mammal-protection-act without marine site characterization surveys, change. All personal identifying NOAA Administrative Order (NAO) 216–6A, NMFS must review our including high-resolution geophysical information (e.g., name, address) (HRG) and geotechnical surveys, in the voluntarily submitted by the commenter proposed action (i.e., the issuance of an incidental harassment authorization) Lease Area and along a potential may be publicly accessible. Do not submarine cable route to landfall at submit confidential business with respect to potential impacts on the human environment. Falmouth, Massachusetts. information or otherwise sensitive or The objective of the activities is to protected information. This action is consistent with categories of activities identified in acquire high resolution geophysical FOR FURTHER INFORMATION CONTACT: Categorical Exclusion B4 (incidental (HRG) and geotechnical data on the Robert Pauline, Office of Protected harassment authorizations with no bathymetry, seafloor morphology, Resources, NMFS, (301) 427–8401. anticipated serious injury or mortality) subsurface geology, environmental/ Electronic copies of the application and of the Companion Manual for NOAA biological sites, seafloor obstructions, supporting documents, as well as a list Administrative Order 216–6A, which do soil conditions, and locations of any of the references cited in this document, not individually or cumulatively have man-made, historical or archaeological may be obtained online at: https:// the potential for significant impacts on resources within the Lease Area and www.fisheries.noaa.gov/permit/ the quality of the human environment along the proposed export cable route incidental-take-authorizations-under- and for which NMFS has not identified corridor. marine-mammal-protection-act. In case any extraordinary circumstances that Underwater sound resulting from of problems accessing these documents, would preclude this categorical Mayflower’s proposed activities, please call the contact listed above. exclusion. Accordingly, NMFS has specifically its proposed HRG surveys, SUPPLEMENTARY INFORMATION: preliminarily determined that the have the potential to result in incidental take of marine mammals in the form of Background issuance of the proposed IHA qualifies to be categorically excluded from behavioral harassment. The MMPA prohibits the ‘‘take’’ of further NEPA review. Dates and Duration marine mammals, with certain NMFS will review all comments exceptions. sections 101(a)(5)(A) and (D) submitted in response to this notice The total duration of HRG survey of the MMPA (16 U.S.C. 1361 et seq.) prior to concluding our NEPA process activities would be approximately 471 direct the Secretary of Commerce (as or making a final decision on the IHA survey days. Each day that a survey delegated to NMFS) to allow, upon request. vessel is operating counts as a single request, the incidental, but not survey day. Two survey vessels intentional, taking of small numbers of Summary of Request operating on the same day count as two marine mammals by U.S. citizens who On October 23, 2020, NMFS received survey days. This schedule is based on engage in a specified activity (other than a request from Mayflower for an IHA to 24-hour operations in the offshore, commercial fishing) within a specified take marine mammals incidental to site deep-water portion of the Lease Area, geographical region if certain findings characterization surveys in the area of and 12-hour operations in shallow- are made and either regulations are the Lease Area OCS–A 0521and a water and nearshore areas of the export issued or, if the taking is limited to submarine export cable route cable route. Some shallow-water HRG harassment, a notice of a proposed connecting the Lease Area to landfall in activities would occur only during incidental take authorization may be Falmouth, Massachusetts. A revised daylight hours. Mayflower proposes to provided to the public for review. application was received on December begin survey activities on April 1, 2021 Authorization for incidental takings 15, 2020. NMFS deemed that request to and conclude by November 30, 2021. shall be granted if NMFS finds that the be adequate and complete on February However, the proposed IHA would be taking will have a negligible impact on 1, 2021. Mayflower’s request is for take effective for one year from the date of the species or stock(s) and will not have of a small number of 14 species of issuance. an unmitigable adverse impact on the marine mammals by Level B harassment Specific Geographic Region availability of the species or stock(s) for only. Neither Mayflower nor NMFS taking for subsistence uses (where expects serious injury or mortality to Mayflower’s survey activities would relevant). Further, NMFS must prescribe result from this activity and, therefore, occur in the Northwest Atlantic Ocean the permissible methods of taking and an IHA is appropriate. in the Lease Area which is located other ‘‘means of effecting the least NMFS previously issued an IHA to approximately 20 nautical miles (38 practicable adverse impact’’ on the Mayflower for similar work (85 FR kilometers (km)) south-southwest of affected species or stocks and their 45578; July 29, 2020) in the same Lease Nantucket, Massachusetts and covers habitat, paying particular attention to Area and along the same submarine approximately 515 km2. All survey rookeries, mating grounds, and areas of cable route that is effective from July 23, efforts would occur within U.S. Federal

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and state waters. Water depths in the submarine cable route connecting to collectively referred to as the Project Lease Area are approximately 38–62 landfall at Falmouth, MA (see Figure 1). Area. meters (m). Surveys would occur within For the purpose of this IHA, the Lease the Lease Area and along a potential Area and export cable route are

Detailed Description of Specific Activity survey days at sea. One vessel would be waters (daylight only operations). Up to Mayflower’s proposed marine site operating primarily in the Lease Area four additional vessels may be used to characterization surveys includes the and deep-water sections of the cable conduct geotechnical sampling use of HRG equipment. Survey activities route (24 hr operations), with a second activities (vibracores, seabed core would occur within the Lease Area and vessel operating primarily in the penetration tests (CPTs), and boreholes) along an export cable route between the shallow water portion of the cable route during the same period as the Lease Area and Falmouth, and sometimes into the deep water geophysical surveys but these activities Massachusetts. Up to four (4) HRG portion of the cable route (either are not expected to result in the survey vessels may operate concurrently daylight only operations or 24 hour harassment of marine mammals and as part of the proposed surveys and are operations). Up to two (2) shallow-draft will not be discussed further in this anticipated to spend a total of 471 vessels would work in very shallow analysis.

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The proposed HRG survey activities hour per day vessel operations possible. The linear distance (survey tracklines) are described below. The Shallow-water Survey Area and number of active sound source days for the anticipated survey activity are HRG Survey Activities includes the rest of the export cable route in shallow waters and very summarized in Table 1. The number of For assessing potential impacts to shallow nearshore waters. Depending on active sound source days was calculated marine mammals, the survey has been vessel availability, survey operations in by dividing the total survey trackline divided into two areas. The Deep-water the shallow water area may occur only lengths in each area by the approximate Survey Area shows the Lease Area during daylight periods or involve 24- survey distance per day anticipated to where wind turbine generators (WTGs) hour survey operations. In the very be achieved in each of the three zones and inter-array cables will be installed shallow water areas, one or two shown in Table 1. The range of as well as the deep-water section of the shallow-draft (<5 m) vessels will estimates provided for the shallow- export cable route. The proposed survey conduct nearshore surveys operating water area result from assuming either in this area will primarily consist of 24- daylight only (12-hours per day) survey only during daylight hours. hour vessel operations, with some 12- operations or 24-hr per day operations.

TABLE 1—ACTIVITY DETAILS FOR 2021 MAYFLOWER HRG SURVEYS FROM APRIL 1 THROUGH NOVEMBER 30

Approximate Approximate survey survey Active sound Location 1 distance trackline per day source days (km) (km)

Lease Area and deep-water section of the cable route ...... 7,000 80 88 Shallow-water section of the cable route ...... 3,250 30–60 55–109 Very shallow cable route ...... 4,100 15 274

Total ...... 14,350 ...... 417–471

Some of the sources used during the stratigraphy as needed. Sparkers create • Multibeam echosounders (MBESs) planned surveys produce sounds that acoustic pulses from 50 Hz to 4 kHz are used to determine water depths and are audible to marine mammals and, omni-directionally from the source. general bottom topography. The therefore, may be detected by marine Operation of the following survey proposed MBESs all have operating mammals (MacGillivray et al. 2014). equipment types is not reasonably frequencies >180 kHz, and are therefore Multiple factors related to source signal expected to result in take of marine outside the general hearing range of characteristics (e.g., beamwidth) mammals for and will not be carried marine mammals likely to occur in the determine the likelihood of detection forward in the application analysis Project Area and are not likely to affect and, given detection, the likelihood that beyond the brief summaries provided these species. receipt of the signal would elicit a below. • Side scan sonars (SSS) are used for response to the degree that Level B • Non-impulsive, parametric SBPs are seabed sediment classification purposes harassment occurs. A geophysical used for providing high data density in and to identify natural and man-made survey contractor(s) has not yet been sub-bottom profiles that are typically acoustic targets on the seafloor. The selected to conduct this work, so the required for cable routes, very shallow proposed SSSs all have operating exact equipment to be used is currently water, and archaeological surveys. They frequencies >180 kHz, and are therefore unknown. However, potential have a narrow beamwidth which outside the general hearing range of contractors provided representative significantly reduces the impact range of marine mammals likely to occur in the sound-generating equipment that may the source while the high frequencies of Project Area and are not likely to affect be used during the survey activities. The the source are rapidly attenuated in sea these species. survey activities proposed by Mayflower water. Because of the high frequency of Table 2 identifies the representative with acoustic source types that could the source and narrow bandwidth, survey equipment that may be used in result in take of marine mammals parametric SBPs produce small Level B support of planned HRG survey include the following. harassment isopleths. No Level B activities that operate below 180 • Shallow penetration, non- harassment exposures should be kilohertz (kHz) (i.e., at frequencies that impulsive, non-parametric sub-bottom reasonably expected from the operation are audible to and therefore may be profilers (SBPs, also known as CHIRPs) of these sources. detected by marine mammals) and have are used to map the near-surface • Ultra-short baseline (USBL) the potential to cause acoustic stratigraphy (top 0 to 10 m) of sediment positioning systems are used to provide harassment to marine mammals. The below seabed. A CHIRP system emits high accuracy ranges by measuring the make and model of the listed signals covering a frequency sweep from time between the acoustic pulses geophysical equipment may vary approximately 0.01 to 1.9 kHz over transmitted by the vessel transceiver depending on availability and the final time. The frequency range can be and a transponder (or beacon) necessary equipment choices will vary depending adjusted to meet project variables. to produce the acoustic profile. USBLs upon the final survey design, vessel • Medium penetration, impulsive have been shown to produce extremely availability, and survey contractor sources (boomers, sparkers) are used to small acoustic propagation distances in selection. Geophysical surveys are map deeper subsurface stratigraphy as their typical operating configuration. expected to use several equipment types needed. A boomer is a broad-band Based on this information, no Level B concurrently in order to collect multiple sound source operating in the 3.5 Hz to harassment exposures should be aspects of geophysical data along one 10 kHz frequency range. Sparkers are reasonably expected from the operation transect. Selection of equipment used to map deeper subsurface of these sources. combinations is based on specific

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survey objectives. Source levels for all Crocker and Fratantonio (2016). specification are found in Table 7 in equipment listed in Table 2 came from Detailed explanations of source Appendix A in the IHA application.

TABLE 2—SUMMARY OF HRG SURVEY EQUIPMENT PROPOSED FOR USE THAT COULD RESULT IN TAKE OF MARINE MAMMALS

Operating Typical Pulse frequency Source Beamwidth pulse repetition Specific HRG equipment range level (degrees) duration rate (kHz) (dB rms) (ms) (Hz)

Sparker: Geomarine Geo-Spark 400 tip 800 J system ...... 0.01–1.9 203 180 3.4 2 Applied Acoustics Dura-Spark UHD 400 tips, up to 800 J ...... 0.01–1.9 203 180 3.4 2 Boomer: Applied Acoustics S-Boom Triple Plate ...... 0.01–5 205 61 0.6 3 Applied Acoustics S-Boom ...... 0.01–5 195 98 0.9 3 Sub-bottom Profiler: Edgetech 3100 with SB–2–16S towfish ...... 2–16 179 51 9.1 10 Edgetech DW–106 ...... 1–6 176 66 14.4 10 Teledyne Benthos Chirp III—towfish ...... 2–7 199 82 5.8 10 Knudson Pinger SBP ...... 15 180 71 4 2

Proposed mitigation, monitoring, and Table 3 lists all species or stocks for make up a given stock or the total reporting measures are described in which take is expected and proposed to number estimated within a particular detail later in this document (please see be authorized for this action, and study or Project Area. NMFS’s stock Proposed Mitigation and Proposed summarizes information related to the abundance estimates for most species Monitoring and Reporting). population or stock, including represent the total estimate of regulatory status under the MMPA and individuals within the geographic area, Description of Marine Mammals in the Endangered Species Act (ESA) and if known, that comprises that stock. For Area of Specified Activities potential biological removal (PBR), some species, this geographic area may where known. For taxonomy, NMFS extend beyond U.S. waters. All managed Sections 3 and 4 of the application follows Committee on Taxonomy stocks in this region are assessed in summarize available information (2020). PBR is defined by the MMPA as NMFS’s U.S. Atlantic SARs. All values regarding status and trends, distribution the maximum number of animals, not presented in Table 3 are the most recent and habitat preferences, and behavior including natural mortalities, that may available at the time of publication and and life history, of the potentially be removed from a marine mammal are available in the 2019 Atlantic and affected species. Additional information stock while allowing that stock to reach Gulf of Mexico Marine Mammal SARs regarding population trends and threats or maintain its optimum sustainable (Hayes et al., 2020), available online at: may be found in NMFS’s Stock population (as described in NMFS’s www.fisheries.noaa.gov/national/ Assessment Reports (SARs; https:// SARs). While no mortality is anticipated marine-mammal-protection/marine- www.fisheries.noaa.gov/national/ or authorized here, PBR and annual mammal-stock-assessment-reports- marine-mammal-protection/marine- serious injury and mortality from region and draft 2020 Atlantic and Gulf mammal-stock-assessments) and more anthropogenic sources are included here of Mexico Marine Mammal SARs general information about these species as gross indicators of the status of the available online at: https:// (e.g., physical and behavioral species and other threats. www.fisheries.noaa.gov/national/ descriptions) may be found on NMFS’s Marine mammal abundance estimates marine-mammal-protection/draft- website (https:// presented in this document represent marine-mammal-stock-assessment- www.fisheries.noaa.gov/find-species). the total number of individuals that reports. TABLE 3—MARINE MAMMALS LIKELY TO OCCUR IN THE PROJECT AREA THAT MAY BE AFFECTED BY MAYFLOWER’S PROPOSED ACTIVITY

ESA/ Stock abundance MMPA (CV, Nmin, 3 Annual Common name Scientific name Stock status; most recent PBR 3 strategic abundance M/SI (Y/N) 1 survey) 2

Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)

Family Balaenidae: North Atlantic right whale Eubalaena glacialis ...... Western North Atlantic ...... E/D; Y 412 (0; 408; 2018) ...... 0.89 18.6 Family Balaenopteridae (rorquals): Humpback whale ...... Megaptera novaeangliae ...... Gulf of Maine ...... -/-; Y 1,393 (0; 1,375; 2016) ...... 22 58 Fin whale ...... Balaenoptera physalus ...... Western North Atlantic ...... E/D; Y 6,820 (0.24; 5,573; 2016) ...... 12 2.35 Sei whale ...... Balaenoptera borealis ...... Nova Scotia ...... E/D; Y 6292 (1.02; 3,098; 2016) ...... 6.2 1.2 Minke whale ...... Balaenoptera acutorostrata .... Canadian East Coast ...... -/-; N 21,968 (0.31; 17,002; 2016) .. 170 10.6

Superfamily Odontoceti (toothed whales, dolphins, and porpoises)

Family Physeteridae:

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TABLE 3—MARINE MAMMALS LIKELY TO OCCUR IN THE PROJECT AREA THAT MAY BE AFFECTED BY MAYFLOWER’S PROPOSED ACTIVITY—Continued

ESA/ Stock abundance MMPA (CV, Nmin, Annual Common name Scientific name Stock status; most recent PBR 3 M/SI 3 strategic abundance (Y/N) 1 survey) 2

Sperm whale ...... Physeter macrocephalus ...... NA ...... E; Y 4,349 (0.28; 3,451; See SAR) 3.9 0 Family Delphinidae: Long-finned pilot whale .... Globicephala melas ...... Western North Atlantic ...... -/-; N 39,215 (0.3; 30,627; See 306 21 SAR). Bottlenose dolphin ...... Tursiops spp...... Western North Atlantic Off- -/-; N 62,851 (0.213; 51,914; See 519 28 shore. SAR). Common dolphin ...... Delphinus delphis ...... Western North Atlantic ...... -/-; N 172,897 (0.21; 145,216; 2016) 1,452 399 Atlantic white-sided dol- Lagenorhynchus acutus ...... Western North Atlantic ...... -/-; N 92,233 (0.71; 54,433; See 544 26 phin. SAR). Risso’s dolphin ...... Grampus griseus ...... Western North Atlantic ...... -/-; N 35,493 (0.19; 30,289; See 303 54.3 SAR). Family Phocoenidae (porpoises): Harbor porpoise ...... Phocoena phocoena ...... Gulf of Maine/Bay of Fundy ... -/-; N 95,543 (0.31; 74,034; 2016) .. 851 217

Order Carnivora—Superfamily Pinnipedia

Family Phocidae (earless seals): Gray seal 4 ...... Halichoerus grypus ...... Western North Atlantic ...... -/-; N 27,131 (0.19; 23,158, 2016) .. 1,389 4,729 Harbor seal ...... Phoca vitulina ...... Western North Atlantic ...... -/-; N 75,834 (0.15; 66,884, 2012) .. 2,006 350 1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment- reports-region/. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. 3 Potential biological removal, defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population size (OSP). Annual M/SI, found in NMFS’ SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, subsistence hunting, ship strike). Annual M/SI values often cannot be determined precisely and is in some cases presented as a minimum value. 4 NMFS stock abundance estimate applies to U.S. population only, actual stock abundance is approximately 505,000.

As indicated above, all 14 species (Hayes et al., 2020). As take of these Marine Mammal Hearing (with 14 managed stocks) in Table 3 species is not anticipated as a result of Hearing is the most important sensory temporally and spatially co-occur with the proposed activities, these species are modality for marine mammals the proposed activity to the degree that not analyzed further. underwater, and exposure to take is reasonably likely to occur, and A description of the marine mammals anthropogenic sound can have NMFS has proposed authorizing it. All for which take is likely to occur may be deleterious effects. To appropriately species that could potentially occur in found in the documents supporting assess the potential effects of exposure the proposed survey areas are included Mayflower’s previous IHA covering the to sound, it is necessary to understand in Table 5 of the IHA application. Lease Area and potential submarine the frequency ranges marine mammals However, the temporal and/or spatial cable routes (85 FR 45578; July 29, are able to hear. Current data indicate occurrence of several species listed in 2020), the same geographic areas where that not all marine mammal species Table 5 in the IHA application is such Mayflower has proposed activities for have equal hearing capabilities (e.g., that take of these species is not expected this IHA. The most recent draft SARs Richardson et al., 1995; Wartzok and to occur. The blue whale (Balaenoptera data has been included in Table 3. The Ketten, 1999; Au and Hastings, 2008). musculus), Cuvier’s beaked whale only other notable changes from the To reflect this, Southall et al. (2007) (Ziphius cavirostris), four species of previous IHA pertain to updated recommended that marine mammals be Mesoplodont beaked whale Unusual Mortality Event (UME) data for divided into functional hearing groups (Mesoplodon spp.), dwarf and pygmy North Atlantic right whales, humpback based on directly measured or estimated sperm whale (Kogia sima and Kogia whales, minke whales, and pinnipeds. hearing ranges on the basis of available breviceps), and striped dolphin At the time of the issuance of the behavioral response data, audiograms (Stenella coeruleoalba), typically occur previous IHA to Mayflower 85 FR derived using auditory evoked potential further offshore than the Project Area, 45578; July 29, 2020), 30 North Atlantic techniques, anatomical modeling, and while short-finned pilot whales right whales have been recorded as other data. Note that no direct (Globicephala macrorhynchus) and confirmed dead or stranded. As of measurements of hearing ability have Atlantic spotted dolphins (Stenella January 21, 2021, the number has been successfully completed for frontalis) are typically found further increased to 32. Humpback whale mysticetes (i.e., low-frequency south than the Project Area (Hayes et al., mortalities have increased from 111 to cetaceans). Subsequently, in 2018 2020). There are stranding records of 145 and minke whale mortalities NMFS published a Technical Guidance harp seals (Pagophilus groenlandicus) increased from 79 to 103 cases over the for Assessing the Effects of in Massachusetts, but the species same time period. The number of Anthropogenic Sound on Marine typically occurs north of the Project recorded pinniped mortalities has not Mammal Hearing which described Area and appearances in Massachusetts been updated since issuance of generalized hearing ranges for these usually occur between January and May, Mayflower’s previous IHA and remains marine mammal hearing groups. outside of the proposed survey dates at 3,152 cases. Generalized hearing ranges were chosen

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based on the approximately 65 decibel frequency cetaceans where the lower mammal hearing groups and their (dB) threshold from the normalized bound was deemed to be biologically associated hearing ranges are provided composite audiograms, with the implausible and the lower bound from in Table 4. exception for lower limits for low- Southall et al. (2007) retained. Marine

TABLE 4—MARINE MAMMAL HEARING GROUPS (NMFS, 2018)

Hearing group Generalized hearing range *

Low-frequency (LF) cetaceans (baleen whales) ...... 7 Hz to 35 kHz. Mid-frequency (MF) cetaceans (dolphins, toothed whales, beaked whales, bottlenose whales) ...... 150 Hz to 160 kHz. High-frequency (HF) cetaceans (true porpoises, Kogia, river dolphins, cephalorhynchid, Lagenorhynchus cruciger 275 Hz to 160 kHz. & L. australis). Phocid pinnipeds (PW) (underwater) (true seals) ...... 50 Hz to 86 kHz. Otariid pinnipeds (OW) (underwater) (sea lions and fur seals) ...... 60 Hz to 39 kHz. * Represents the generalized hearing range for the entire group as a composite (i.e., all species within the group), where individual species’ hearing ranges are typically not as broad. Generalized hearing range chosen based on ∼65 dB threshold from normalized composite audiogram, with the exception for lower limits for LF cetaceans (Southall et al. 2007) and PW pinniped (approximation).

The pinniped functional hearing MMPA defines ‘‘harassment’’ as any act available (e.g., previous monitoring group was modified from Southall et al. of pursuit, torment, or annoyance, results or average group size). Below, (2007) on the basis of data indicating which (i) has the potential to injure a NMFS describes the factors considered that phocid species have consistently marine mammal or marine mammal here in more detail and present the demonstrated an extended frequency stock in the wild (Level A harassment); proposed take estimate. or (ii) has the potential to disturb a range of hearing compared to otariids, Acoustic Thresholds especially in the higher frequency range marine mammal or marine mammal (Hemila¨ et al., 2006; Kastelein et al., stock in the wild by causing disruption NMFS recommends the use of 2009; Reichmuth et al., 2013). of behavioral patterns, including, but acoustic thresholds that identify the For more detail concerning these not limited to, migration, breathing, received level of underwater sound groups and associated frequency ranges, nursing, breeding, feeding, or sheltering above which exposed marine mammals please see NMFS (2018) for a review of (Level B harassment). would be reasonably expected to be available information. Fourteen marine Authorized takes would be by Level B behaviorally harassed (equated to Level mammal species (12 cetacean and two harassment only in the form of B harassment) or to incur permanent pinniped (both phocid) species) have disruption of behavioral patterns for threshold shift (PTS) of some degree the reasonable potential to co-occur individual marine mammals resulting (equated to Level A harassment). with the proposed survey activities. Of from exposure to HRG sources. Based on Level B Harassment for non-explosive the cetacean species that may be the nature of the activity and the sources—Though significantly driven by present, six are classified as low- anticipated effectiveness of the received level, the onset of behavioral frequency cetaceans (i.e., all mysticete mitigation measures (i.e., exclusion disturbance from anthropogenic noise species), five are classified as mid- zones and shutdown measures), exposure is also informed to varying frequency cetaceans (i.e., all delphinid discussed in detail below in Proposed degrees by other factors related to the species and the sperm whale), and one Mitigation section, Level A harassment source (e.g., frequency, predictability, is classified as high-frequency cetaceans is neither anticipated nor proposed to be duty cycle), the environment (e.g., (i.e., harbor porpoise). authorized even in the absence of bathymetry), and the receiving animals mitigation. (hearing, motivation, experience, Potential Effects of Specified Activities As described previously, no mortality demography, behavioral context) and on Marine Mammals and Their Habitat is anticipated or proposed to be can be difficult to predict (Southall et A description of the potential effects authorized for this activity even without al., 2007, Ellison et al., 2012). Based on of the specified activities on marine the employment of mitigation measures. what the available science indicates and mammals and their habitat may be Below NMFS describes how the take is the practical need to use a threshold found in the documents supporting estimated. based on a factor that is both predictable Mayflower’s previous IHA covering the Generally speaking, NMFS estimate and measurable for most activities, Lease Area and potential submarine take by considering: (1) Acoustic NMFS uses a generalized acoustic cable routes (85 FR 45578; July 29, thresholds above which NMFS believes threshold based on received level to 2020). There is no new information on the best available science indicates estimate the onset of behavioral potential effects which would impact marine mammals will be behaviorally harassment. NMFS predicts that marine our analysis. harassed or incur some degree of mammals are likely to be behaviorally permanent hearing impairment; (2) the harassed in a manner NMFS considers Estimated Take area or volume of water that will be Level B harassment when exposed to This section provides an estimate of ensonified above these levels in a day; underwater anthropogenic noise above the number of incidental takes proposed (3) the density or occurrence of marine received levels of 120 dB re 1 mPa (rms) for authorization through this IHA, mammals within these ensonified areas; for continuous (e.g., vibratory pile- which will inform both NMFS’ and, (4) and the number of days of driving, drilling) and above 160 dB re 1 consideration of ‘‘small numbers’’ and activities. NMFS notes that while these mPa (rms) for non-explosive impulsive the negligible impact determination. basic factors can contribute to a basic (e.g., seismic airguns) or intermittent Harassment is the only type of take calculation to provide an initial (e.g., scientific sonar) sources. expected to result from these activities. prediction of takes, additional Mayflower’s proposed activity includes Except with respect to certain activities information that can qualitatively the use of intermittent sources not pertinent here, section 3(18) of the inform take estimates is also sometimes (geophysical survey equipment), and

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therefore use of the 160 dB re 1 mPa harassment include the use of impulsive exceeded (i.e., metric resulting in the (rms) threshold is applicable. and non-impulsive sources. largest isopleth). The SELcum metric Level A harassment for non-explosive Predicted distances to Level A considers both level and duration of sources—NMFS’ Technical Guidance harassment isopleths, which vary based exposure, as well as auditory weighting for Assessing the Effects of on marine mammal functional hearing functions by marine mammal hearing Anthropogenic Sound on Marine groups were calculated. The updated group. Mammal Hearing (Version 2.0) acoustic thresholds for impulsive and These thresholds are provided in (Technical Guidance, 2018) identifies non-impulsive sounds (such as HRG Table 5 below. The references, analysis, dual criteria to assess auditory injury survey equipment) contained in the and methodology used in the (Level A harassment) to five different Technical Guidance (NMFS, 2018) were development of the thresholds are marine mammal groups (based on presented as dual metric acoustic described in NMFS 2018 Technical hearing sensitivity) as a result of thresholds using both SELcum and peak Guidance, which may be accessed at exposure to noise from two different sound pressure level metrics. As dual https://www.fisheries.noaa.gov/ types of sources (impulsive or non- metrics, NMFS considers onset of PTS national/marine-mammal-protection/ impulsive). Mayflower’s proposed (Level A harassment) to have occurred marine-mammal-acoustic-technical- activities that could result in take by when either one of the two metrics is guidance.

TABLE 5—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT

PTS onset acoustic thresholds * Hearing group (received level) Impulsive Non-impulsive

Low-Frequency (LF) Cetaceans ...... Cell 1: Lpk,flat: 219 dB; LE,LF,24h: 183 dB ...... Cell 2: LE,LF,24h: 199 dB. Mid-Frequency (MF) Cetaceans ...... Cell 3: Lpk,flat: 230 dB; LE,MF,24h: 185 dB ...... Cell 4: LE,MF,24h: 198 dB. High-Frequency (HF) Cetaceans ...... Cell 5: Lpk,flat: 202 dB; LE,HF,24h: 155 dB ...... Cell 6: LE,HF,24h: 173 dB. Phocid Pinnipeds (PW) (Underwater) ...... Cell 7: Lpk,flat: 218 dB; LE,PW,24h: 185 dB ...... Cell 8: LE,PW,24h: 201 dB. Otariid Pinnipeds (OW) (Underwater) ...... Cell 9: Lpk,flat: 232 dB; LE,OW,24h: 203 dB ...... Cell 10: LE,OW,24h: 219 dB. * Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should also be considered. 2 Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa s. In this Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being included to indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be exceeded.

Ensonified Area determining the rms sound pressure the methodology are described in detail level (SPLrms) at the 160-dB isopleth for in Appendix A of the IHA application. Here, NMFS describes operational the purposes of estimating take by Level NMFS considers the data provided by and environmental parameters of the B harassment resulting from exposure to Crocker and Fratantonio (2016) to activity that will feed into identifying HRG survey equipment. This represent the best available information the area ensonified above the acoustic methodology incorporates frequency on source levels associated with HRG thresholds, which include source levels and some directionality to refine equipment and therefore recommends and transmission loss coefficient. estimated ensonified zones. Mayflower that source levels provided by Crocker The proposed survey activities would used the methods specified in the and Fratantonio (2016) be incorporated entail the use of HRG equipment. The interim methodology. For sources that in the method described above to distance to the isopleth corresponding operate with different beam widths, the estimate isopleth distances to the Level to the threshold for Level B harassment maximum beam width was used. The B harassment threshold. Table 2 shows was calculated for all HRG equipment the HRG equipment types that may be lowest frequency of the source was used with the potential to result in used during the proposed surveys and when calculating the absorption harassment of marine mammals. NMFS the sound levels associated with those has developed methodology for coefficient. The formulas used to apply HRG equipment types.

TABLE 6—ESTIMATED DISTANCES TO LEVEL A AND LEVEL B HARASSMENT THRESHOLDS FOR THE PLANNED SURVEY EQUIPMENT

Distance (m) to Level A harassment threshold 1 Distance to Level B harassment Representative system(s) threshold (m) LFC MFC HFC PPW OPW All marine mammals

Sparker: SIG ELC 820 @750 J ...... 1 <1 2 4 <1 <1 141 Sub-bottom Profiler:

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TABLE 6—ESTIMATED DISTANCES TO LEVEL A AND LEVEL B HARASSMENT THRESHOLDS FOR THE PLANNED SURVEY EQUIPMENT—Continued

Distance (m) to Level A harassment threshold 1 Distance to Level B harassment Representative system(s) threshold (m) LFC MFC HFC PPW OPW All marine mammals

Teledyne Benthos Chirp III ...... 2 <1 57 1 <1 66 Boomer: Applied Acoustics S-boom @700 J .. <1 <1 2 1 <1 <1 90

1 Distances to the Level A harassment threshold based on the larger of the dual criteria (peak SPL and SELcum) are shown. 2 Peak SPL pressure level resulted in larger isopleth than SELcum.

Modeling of distances to isopleths weighted SEL as a function of CPA result of longer duration exposure to the corresponding to the Level A distance; and sound source, and mitigation harassment threshold was performed for 5. The curves from Step 4 above were measures—including a 100 m exclusion all types of HRG equipment proposed used to estimate the CPA distance to the zone for harbor porpoises—are expected for use with the potential to result in impact criteria. to minimize the potential for close harassment of marine mammals. Note that in the modeling methods approach or longer duration exposure to Mayflower used a model developed by described above and in Appendix A of active HRG sources. In addition, harbor JASCO to calculate distances to Level A the IHA application, sources that porpoises are a notoriously shy species harassment isopleths based on both the operate with a repetition rate greater which is known to avoid vessels. Harbor peak SPL and the SELcum metric. For the than 10 Hz were assessed with the non- porpoises would also be expected to peak SPL metric, the model is a series impulsive (intermittent) source criteria avoid a sound source prior to that of equations that accounts for both while sources with a repetition rate source reaching a level that would result seawater absorption and HRG equal to or less than 10 Hz were in injury (Level A harassment). equipment beam patterns (for all HRG assessed with the impulsive source Therefore, NMFS has determined that sources with beam widths larger than criteria. NMFS does not agree with this the potential for take by Level A 90°, it was assumed these sources were step in the modeling assessment, which harassment of harbor porpoises or any omnidirectional). For the SELcum metric, results in nearly all HRG sources being other species is so low as to be a model was developed that accounts classified as impulsive. discountable and does not propose for the hearing sensitivity of the marine Modeled distances to isopleths authorizing take by Level A harassment mammal group, seawater absorption, corresponding to the Level A of any marine mammals. and beam width for downwards-facing harassment threshold are very small The largest distance to the 160 dB transducers. Details of the modeling (<1 m in most cases) for three of the four SPLrms Level B harassment threshold is methodology for both the peak SPL and marine mammal functional hearing expected to be 141 m from the sparkers. SELcum metrics are provided in groups that may be impacted by the This distance was used as described in Appendix A of the IHA application. survey activities (i.e., low frequency and this section to estimate the area of water This model entails the following steps: mid frequency cetaceans, and phocid potentially exposed above the Level B 1. Weighted broadband source levels pinnipeds). Based on the extremely harassment threshold by the planned were calculated by assuming a flat small Level A harassment zones for activities. spectrum between the source minimum these functional hearing groups, the As shown in Table 1, up to 14,350 km and maximum frequency, weighted the potential for species within these of survey activity may occur from April spectrum according to the marine functional hearing groups to be taken by through November 2021, including mammal hearing group weighting Level A harassment is considered so turns between lines or occasional testing function (NMFS 2018), and summed low as to be discountable. These three of equipment while not collecting across frequency; functional hearing groups encompass all geophysical data. For the purposes of 2. Propagation loss was modeled as a but one of the marine mammal species calculating take, Mayflower’s HRG function of oblique range; that may be impacted by the planned survey activities have been split into 3. Per-pulse SEL was modeled for a activities, listed in Table 1. There is one two different areas, (1) the lease area stationary receiver at a fixed distance off species (harbor porpoise) within the plus the deep-water portion of the cable a straight survey line, using a vessel high frequency functional hearing group route, and (2) the shallow water portion transit speed of 3.5 knots and source- that may be impacted by the planned of the cable route including very specific pulse length and repetition rate. activities. However, the largest modeled shallow water sections of the cable The off-line distance is referred to as the distance to the Level A harassment route. closest point of approach (CPA) and was threshold for the high frequency Within the Lease Area and deep-water performed for CPA distances between 1 functional hearing group was 57 m portion of the cable route, the vessel m and 10 km. The survey line length (Table 6) for the Chirp III. This is likely will conduct surveys at a speed of was modeled as 10 km long (analysis a conservative assessment given that the approximately 3 knots (5.6 km/hr) showed longer survey lines increased JASCO model treats all devices as during mostly 24-hr operations. SEL by a negligible amount). SEL is impulsive and results in gross Allowing for weather and equipment calculated as SPL + 10 log10 T/15 dB, overestimates for non-impulsive downtime, the survey vessel is expected where T is the pulse duration; devices. Level A harassment would also to collect geophysical data over an 4. The SEL for each survey line was be more likely to occur at close average distance of 80 km per day. calculated to produce curves of approach to the sound source or as a Using a 160 dB SPLrms threshold

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distance of 141 m, the total daily unidentified whale were observed by the predicted densities provided by ensonified area is estimated to be 22.6 inside the estimated Level B harassment Roberts et al. (2016, 2017, 2018, 2020), km2 within the Lease Area and deep- zone but those observations could not Protected Species Observers (PSOs) data water portion of the cable route. be identified to the species level. All from Mayflower’s 2020 HRG surveys Along the shallow-water portion of mitigation and monitoring requirements were analyzed to assess the the cable route, survey vessels will also were followed and Mayflower did not appropriateness of the density-based conduct surveys at a speed of exceed authorized take limits for any take calculations. To do this, the total approximately 3 knots (5.6 km/hr) species. number of individual marine mammals during either daylight only or 24-hour Density estimates for all species sighted by Protected Species Observers operations. Survey operations in very within the two survey areas were (PSOs) within 150 m of a sound source shallow water will occur only during derived from habitat-based density (rounding up from the 141-m Level B daylight hours. Allowing for weather modeling results reported by Roberts et harassment distance) from April 19 and equipment downtime, the survey al. (2016, 2017, 2018, 2020). Those data through September 19, 2020, a period of vessels are expected to cover an average provide abundance estimates for species 23 weeks, were summed by species or distance of approximately 30–60 km per or species guilds within 10 km x 10 km ‘‘unidentified’’ species group when 2 day in shallow waters and only 15 km grid cells (100 km ) on a monthly or sightings were not classified to the per day in very shallow waters. annual basis, depending on the species species level. As a conservative Assuming daylight only operations and (but see North Atlantic right whale approach, all sightings were included in 30 km per day of surveys in shallow discussion below). The average monthly this calculation regardless of whether waters results in slightly larger abundance for each species in each the source was operating at the time. In ensonified area estimates. Distributing survey area was calculated as the mean order to include the ‘‘unidentified’’ the 3,250 km of survey data to be value of the grid cells within each individuals in the species-specific collected in shallow waters and the survey area in each month and then calculations, the number of individuals 4,100 km to be collected in very shallow converted to density (individuals/1 2 2 in each unidentified species group (e.g., waters across the 8-month period of km ) by dividing by 100 km (Table 7, unidentified whale) was then added to Table 8).The estimated monthly anticipated activity results in the sums of the known species within densities of North Atlantic right whales approximately 13.5 and 34.2 survey that group (e.g., humpback whale, fin were based on updated model results days per month in shallow and very- whale, etc.) according to the proportion from Roberts et al. (2020). These shallow waters, respectively. Using a of individuals within that group 160 dB SPL threshold distance of 141 updated data for North Atlantic right rms positively identified to the species level. m, the total daily ensonified area in whale are provided as densities With individuals from ‘‘unidentified’’ shallow waters is estimated to be 8.5 (individuals/1 km2) within 5 km x 5 km species sightings proportionally km2, and in very-shallow waters 4.3 grid cells (25 km2) on a monthly basis. distributed among the species, km2. The same GIS process described above Mayflower then divided the total was used to select the appropriate grid Marine Mammal Occurrence number of individuals of each species cells from each month and the monthly by the number of survey weeks to In this section NMFS provides the North Atlantic right whale density in calculate the average number of information about the presence, density, each survey area was calculated as the individuals of each species sighted or group dynamics of marine mammals mean value of the grid cells within each within 150 m of the sound sources per that will inform the take calculations. survey area as shown Table 7 and Table week during the surveys. See section 6.4 Note that Mayflower submitted a marine 8. mammal monitoring report under the The estimated monthly density of in application for additional detail. previous IHA covering a period of 330 seals provided in Roberts et al. (2018) As described in the Dates and vessel days utilizing three survey includes all seal species present in the Duration section, Mayflower currently vessels. A total of 415 individual marine region as a single guild. Mayflower did proposes for its survey activities to be mammals from six species were not separate this guild into the concluded in November 2021. Note that observed within the predicted Level B individual species based on the if the proposed survey activities extend harassment zone while an HRG source proportion of sightings identified to beyond November 2021, the monthly was active. These observations included each species within the dataset because densities for the marine mammals listed one humpback whale, two minke so few of the total sightings used in the below may change, potentially affecting whales, two sei whales, three bottlenose Roberts et al. (2018) analysis were take values. In that situation, Mayflower dolphins and 405 common dolphins. actually identified to species (Table 7, would need to contact NMFS to There were also two unidentified seal Table 8). determine a path forward to ensure that observations. An additional 24 For comparison purposes and to they remain in compliance with the unidentified dolphins and one account for local variation not captured MMPA.

TABLE 7—AVERAGE MONTHLY DENSITIES FOR SPECIES THAT MAY OCCUR IN THE LEASE AREA AND ALONG THE DEEP- WATER SECTION OF THE CABLE ROUTE DURING THE PLANNED SURVEY PERIOD

Estimated monthly densities (individuals/km2) Species Apr May Jun Jul Aug Sep Oct Nov

Mysticetes: Fin Whale* ...... 0.0028 0.0031 0.0033 0.0033 0.0030 0.0025 0.0015 0.0013 Humpback Whale...... 0.0012 0.0013 0.0014 0.0011 0.0005 0.0011 0.0011 0.0005 Minke Whale...... 0.0016 0.0026 0.0025 0.0010 0.0007 0.0008 0.0008 0.0003 North Atlantic Right Whale* ...... 0.0081 0.0038 0.0003 0.0000 0.0000 0.0000 0.0001 0.0006 Sei Whale* ...... 0.0006 0.0005 0.0002 0.0001 0.0000 0.0001 0.0000 0.0000 Odontocetes:

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TABLE 7—AVERAGE MONTHLY DENSITIES FOR SPECIES THAT MAY OCCUR IN THE LEASE AREA AND ALONG THE DEEP- WATER SECTION OF THE CABLE ROUTE DURING THE PLANNED SURVEY PERIOD—Continued

Estimated monthly densities (individuals/km2) Species Apr May Jun Jul Aug Sep Oct Nov

Atlantic White-Sided Dolphin...... 0.0360 0.0685 0.0656 0.0465 0.0250 0.0256 0.0326 0.0357 Common Bottlenose Dolphin...... 0.0104 0.0118 0.0262 0.0541 0.0415 0.0517 0.0574 0.0278 Harbor Porpoise...... 0.0846 0.0404 0.0184 0.0122 0.0112 0.0091 0.0081 0.0197 Pilot Whales...... 0.0068 0.0068 0.0068 0.0068 0.0068 0.0068 0.0068 0.0068 Risso’s Dolphin...... 0.0001 0.0002 0.0002 0.0005 0.0010 0.0008 0.0003 0.0004 Short-Beaked Common Dolphin...... 0.0266 0.0462 0.0572 0.0623 0.1078 0.1715 0.1806 0.1214 Sperm Whale* ...... 0.0001 0.0001 0.0001 0.0004 0.0004 0.0002 0.0002 0.0001 Pinnipeds: Seals (Harbor and Gray)...... 0.1491 0.1766 0.0262 0.0061 0.0033 0.0041 0.0059 0.0102

TABLE 8—AVERAGE MONTHLY DENSITIES FOR SPECIES THAT MAY OCCUR ALONG THE SHALLOW-WATER SECTION OF THE CABLE ROUTE DURING THE PLANNED SURVEY PERIOD

Estimated monthly densities (individuals/km2) Species Apr May Jun Jul Aug Sep Oct Nov

Mysticetes: Fin Whale* ...... 0.0002 0.0003 0.0003 0.0003 0.0003 0.0003 0.0002 0.0001 Humpback Whale...... 0.0001 0.0000 0.0001 0.0001 0.0000 0.0001 0.0002 0.0001 Minke Whale...... 0.0003 0.0004 0.0002 0.0000 0.0000 0.0000 0.0000 0.0000 North Atlantic Right Whale* ...... 0.0004 0.0001 0.0000 0.0000 0.0000 0.0000 0.0000 0.0001 Sei Whale* ...... 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Odontocetes: Atlantic White-Sided Dolphin...... 0.0009 0.0012 0.0010 0.0006 0.0005 0.0008 0.0014 0.0011 Common Bottlenose Dolphin...... 0.0211 0.0377 0.2308 0.4199 0.3211 0.3077 0.1564 0.0813 Harbor Porpoise...... 0.0010 0.0013 0.0048 0.0023 0.0037 0.0036 0.0003 0.0214 Pilot Whales...... 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Risso’s Dolphin...... 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Short-Beaked Common Dolphin...... 0.0003 0.0004 0.0003 0.0002 0.0006 0.0009 0.0008 0.0010 Sperm Whale* ...... 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Pinnipeds: Seals (Harbor and Gray)...... 1.3897 1.0801 0.2496 0.0281 0.0120 0.0245 0.0826 0.5456

Take Calculation and Estimation 2021. These results are shown in the used rather than a single group size to ‘‘Sightings-based Takes’’ column of account for more than one chance Here NMFS describes how the Table 9. The larger of the take estimates encounter with these species during the information provided above is brought from the density-based and sightings- surveys. NFMS concurred with this together to produce a quantitative take based methods are shown in the assessment and, therefore, proposes the estimate. ‘‘Requested Take’’ column, except as authorization of 9 North Atlantic right The potential numbers of takes by noted below. whale, 6 fin whale, 6 sei whale, 27 pilot Level B harassment were calculated by Based on the sightings data whale, 18 Risso’s dolphin, and 6 sperm multiplying the monthly density for Mayflower requested authorization of 37 whale takes by Level B harassment. each species in each survey area shown humpback whale, 15 minke whale, and The requested number of takes by in Table 7 and Table 8 by the respective 2,153 common dolphin takes by Level B Level B harassment as a percentage of monthly ensonified area within each harassment. Using the best available the ‘‘best available’’ abundance survey area. The results are shown in density data (Roberts et al. 2016, 2017, estimates provided in the NMFS Stock the ‘‘Calculated Take’’ columns of Table 2018, 2020), Mayflower requested 85 Assessment Reports (Hayes et al. 2020) 9. The survey area estimates were then white-sided dolphin, 483 bottlenose are also provided in Table 9. For the summed to produce the ‘‘Total Density- dolphin, 61 harbor porpoise takes by seal guild, the estimated abundance for based Calculated Take’’ and then Level B harassment. NMFS agrees with both gray and harbor seals was summed rounded up to arrive at the number of Mayflower requests and proposes to in Table 9. Mayflower requested and ‘‘Density-based Takes’’ for each species authorize take of these species in the NMFS proposes to authorize 989 (Table 9). numbers requested. incidental takes of harbor and gray seal To account for potential local For five species, North Atlantic right by Level B harassment. variation in animal presence compared whale, sei whale, pilot whales, Risso’s Bottlenose dolphins encountered in to the predicted densities, the average dolphin, and sperm whale the the survey area would likely belong to weekly number of individuals for each Requested Take column reflects a the Western North Atlantic Offshore species observed within 150 m of the rounding up of three times the mean Stock (Hayes et al. 2020). However, it is HRG survey sound sources in 2020, group size calculated from survey data possible that a few animals encountered regardless of their operational status at in this region (Kraus et al. 2016; Palka during the surveys could be from the the time were multiplied by the et al. 2017). Mayflower requested that North Atlantic Northern Migratory anticipated 35-week survey period in three times the average group size be Coastal Stock, but they generally do not

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range farther north than New Jersey. For North Atlantic right whales, the present in this region. Nonetheless, it is Also, based on the distributions implementation of a 500 m exclusion possible that North Atlantic right described in Hayes et al. (2020), pilot zone means that the likelihood of an whales could occur within 500 m of the whale sightings in the survey area exposure to received sound levels vessel without first being detected by a would most likely be long-finned pilot greater than 160 dB SPLrms is very low. PSO, so Mayflower requested and whales, although short-finned pilot In addition, most of the survey activity NMFS proposes to authorize take whales could be encountered in the will take place during the time of year consistent with other species (i.e. three survey area during the summer months. when right whales are unlikely to be times average group size). TABLE 9—NUMBER OF LEVEL B HARASSMENT TAKES PROPOSED AND PERCENTAGES OF EACH STOCK ABUNDANCE

Density-based take by survey region Total density- Percent of Species Lease area based Density- Sightings- Requested Abundance NMFS stock & deep Shallow calculated based takes based takes take NMFS abundance water cable water cable takes route

Fin Whale * ...... 5.1 0.5 5.7 6 2 6 3,006 0.2 Humpback Whale ...... 2.0 0.2 2.2 3 37 37 1,396 2.7 Minke Whale ...... 2.5 0.3 2.8 3 15 15 2,591 0.6 North Atlantic Right Whale* ...... 3.2 0.2 3.4 4 0 9 1 428 2.1 Sei Whale * ...... 0.4 0.0 0.4 1 0 6 1 28 21.4 Atlantic White-Sided Dolphin ...... 83.0 2.0 85.0 85 0 85 31,912 0.3 Common Bottlenose Dolphin ...... 69.5 413.0 482.5 483 64 483 62,851 0.8 Harbor Porpoise...... 50.4 10.1 60.5 61 0 61 75,079 0.1 Pilot Whales ...... 13.4 0.0 13.5 14 18 27 1 68,139 0.0 Risso’s Dolphin ...... 0.8 0.0 0.8 1 0 18 1 35,493 0.1 Short-Beaked Common Dolphin ...... 191.4 1.2 192.6 193 2,153 2,153 80,227 2.7 Sperm Whale * ...... 0.4 0.0 0.4 1 0 6 1 4,349 0.1 Seals (Harbor and Gray) ...... 94.4 894.2 988.6 989 154 989 102,965 1.0 * Denotes species listed under the Endangered Species Act. 1 Value reflects a rounding up of three (3) times the mean group size calculated from survey data in this region.

Proposed Mitigation impact being mitigated (likelihood, included in the site-specific training to scope, range). It further considers the be provided to the survey team. In order to issue an IHA under section likelihood that the measure will be 101(a)(5)(D) of the MMPA, NMFS must effective if implemented (probability of Pre-Clearance of the Exclusion Zones set forth the permissible methods of accomplishing the mitigating result if taking pursuant to the activity, and Mayflower would implement a 30- implemented as planned), the other means of effecting the least minute pre-clearance period of the likelihood of effective implementation practicable impact on the species or exclusion zones prior to the initiation of (probability implemented as planned); stock and its habitat, paying particular ramp-up of HRG equipment. During this and attention to rookeries, mating grounds, period, the exclusion zone will be (2) The practicability of the measures monitored by the PSOs, using the and areas of similar significance, and on for applicant implementation, which the availability of the species or stock appropriate visual technology. Ramp-up may consider such things as cost, and may not be initiated if any marine for taking for certain subsistence uses impact on operations. (latter not applicable for this action). mammal(s) is within its respective NMFS regulations require applicants for Marine Mammal Exclusion Zones and exclusion zone. If a marine mammal is incidental take authorizations to include Harassment Zones observed within an exclusion zone information about the availability and NMFS proposes the following during the pre-clearance period, ramp- feasibility (economic and technological) mitigation measures be implemented up may not begin until the animal(s) has of equipment, methods, and manner of during Mayflower’s proposed marine been observed exiting its respective conducting the activity or other means site characterization surveys. exclusion zone or until an additional of effecting the least practicable adverse Marine mammal exclusion zones (EZ) time period has elapsed with no further impact upon the affected species or would be established around the HRG sighting (i.e., 15 minutes for small stocks and their habitat (50 CFR survey equipment and monitored by odontocetes and seals, and 30 minutes 216.104(a)(11)). PSOs during HRG surveys as follows: for all other species). • In evaluating how mitigation may or A 500-m EZ would be required for Ramp-Up of Survey Equipment may not be appropriate to ensure the North Atlantic right whales during use least practicable adverse impact on of all acoustic sources; and When technically feasible, a ramp-up species or stocks and their habitat, as • 100 m EZ for all marine mammals, procedure would be used for HRG well as subsistence uses where with certain exceptions specified below, survey equipment capable of adjusting applicable, NMFS carefully considers during operation of impulsive acoustic energy levels at the start or restart of two primary factors: sources (boomer and/or sparker). survey activities. The ramp-up (1) The manner in which, and the If a marine mammal is detected procedure would be used at the degree to which, the successful approaching or entering the EZs during beginning of HRG survey activities in implementation of the measure(s) is the HRG survey, the vessel operator order to provide additional protection to expected to reduce impacts to marine would adhere to the shutdown marine mammals near the Project Area mammals, marine mammal species or procedures described below to by allowing them to vacate the area stocks, and their habitat. This considers minimize noise impacts on the animals. prior to the commencement of survey the nature of the potential adverse These stated requirements will be equipment operation at full power.

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A ramp-up would begin with the and seals. Specifically, if a delphinid • All vessels greater than or equal to powering up of the smallest acoustic from the specified genera or a pinniped 19.8 m in overall length operating from HRG equipment at its lowest practical is visually detected approaching the November 1 through April 30 will power output appropriate for the vessel (i.e., to bow ride) or towed operate at speeds of 10 knots or less survey. When technically feasible, the equipment, shutdown is not required. while transiting to and from Project power would then be gradually turned Furthermore, if there is uncertainty Area; up and other acoustic sources would be regarding identification of a marine • All vessels must reduce their speed added. mammal species (i.e., whether the to 10 knots or less when mother/calf Ramp-up activities will be delayed if observed marine mammal(s) belongs to pairs, pods, or large assemblages of a marine mammal(s) enters its one of the delphinid genera for which cetaceans are observed near a vessel. • respective exclusion zone. Ramp-up shutdown is waived), PSOs must use All vessels must maintain a will continue if the animal has been best professional judgement in making minimum separation distance of 500 m observed exiting its respective exclusion the decision to call for a shutdown. from right whales. If a whale is observed zone or until an additional time period Additionally, shutdown is required if a but cannot be confirmed as a species has elapsed with no further sighting (i.e, delphinid or pinniped detected in the other than a right whale, the vessel 15 minutes for small odontocetes and exclusion zone and belongs to a genus operator must assume that it is a right seals and 30 minutes for all other other than those specified. whale and take appropriate action. species). • All vessels must maintain a Activation of survey equipment Vessel Strike Avoidance minimum separation distance of 100 m through ramp-up procedures may not Mayflower will ensure that vessel from sperm whales and all other baleen occur when visual observation of the operators and crew maintain a vigilant whales. • All vessels must, to the maximum pre-clearance zone is not expected to be watch for cetaceans and pinnipeds and extent practicable, attempt to maintain a effective (i.e., during inclement slow down or stop their vessels to avoid minimum separation distance of 50 m conditions such as heavy rain or fog). striking these species. Survey vessel from all other marine mammals, with an crew members responsible for Shutdown Procedures understanding that at times this may not navigation duties will receive site- An immediate shutdown of the be possible (e.g., for animals that specific training on marine mammals impulsive HRG survey equipment approach the vessel). would be required if a marine mammal sighting/reporting and vessel strike • When marine mammals are sighted is sighted entering or within its avoidance measures. Vessel strike while a vessel is underway, the vessel respective exclusion zone. The vessel avoidance measures would include the shall take action as necessary to avoid operator must comply immediately with following, except under circumstances violating the relevant separation any call for shutdown by the Lead PSO. when complying with these distance (e.g., attempt to remain parallel Any disagreement between the Lead requirements would put the safety of the to the animal’s course, avoid excessive vessel or crew at risk. PSO and vessel operator should be • speed or abrupt changes in direction discussed only after shutdown has Vessel operators and crews must until the animal has left the area). If occurred. Subsequent restart of the maintain a vigilant watch for all marine mammals are sighted within the survey equipment can be initiated if the protected species and slow down, stop relevant separation distance, the vessel animal has been observed exiting its their vessel, or alter course, as must reduce speed and shift the engine respective exclusion zone or until an appropriate and regardless of vessel to neutral, not engaging the engines additional time period has elapsed (i.e., size, to avoid striking any protected until animals are clear of the area. This 30 minutes for all other species). species. A visual observer aboard the does not apply to any vessel towing gear If a species for which authorization vessel must monitor a vessel strike or any vessel that is navigationally has not been granted, or, a species for avoidance zone based on the constrained. which authorization has been granted appropriate separation distance around • These requirements do not apply in but the authorized number of takes have the vessel (distances stated below). any case where compliance would been met, approaches or is observed Visual observers monitoring the vessel create an imminent and serious threat to within the Level B harassment zone (48 strike avoidance zone may be third- a person or vessel or to the extent that m, non-impulsive; 141 m impulsive), party observers (i.e., PSOs) or crew a vessel is restricted in its ability to shutdown would occur. members, but crew members maneuver and, because of the If the acoustic source is shut down for responsible for these duties must be restriction, cannot comply. reasons other than mitigation (e.g., provided sufficient training to (1) • Members of the monitoring team mechanical difficulty) for less than 30 distinguish protected species from other will consult NMFS North Atlantic right minutes, it may be activated again phenomena and (2) broadly to identify whale reporting system and Whale without ramp-up if PSOs have a marine mammal as a right whale, Alert, as able, for the presence of North maintained constant observation and no other whale (defined in this context as Atlantic right whales throughout survey detections of any marine mammal have sperm whales or baleen whales other operations, and for the establishment of occurred within the respective than right whales), or other marine a DMA. If NMFS should establish a exclusion zones. If the acoustic source mammal. DMA in the Lease Areas during the is shut down for a period longer than 30 • All vessels (e.g., source vessels, survey, the vessels will abide by speed minutes and PSOs have maintained chase vessels, supply vessels), restrictions in the DMA. constant observation, then pre-clearance regardless of size, must observe a 10- Project-specific training will be and ramp-up procedures will be knot speed restriction in specific areas conducted for all vessel crew prior to initiated as described in the previous designated by NMFS for the protection the start of a survey and during any section. of North Atlantic right whales from changes in crew such that all survey The shutdown requirement would be vessel strikes including seasonal personnel are fully aware and waived for small delphinids of the management areas (SMAs) and dynamic understand the mitigation, monitoring, following genera: Delphinus, management areas (DMAs) when in and reporting requirements. Prior to Lagenorhynchus, Stenella, and Tursiops effect; implementation with vessel crews, the

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training program will be provided to cumulative impacts from multiple operations. The PSO(s) would ensure NMFS for review and approval. stressors; 360° visual coverage around the vessel Confirmation of the training and • How anticipated responses to from the most appropriate observation understanding of the requirements will stressors impact either: (1) Long-term posts and would conduct visual be documented on a training course log fitness and survival of individual observations using binoculars and/or sheet. Signing the log sheet will certify marine mammals; or (2) populations, night vision goggles and the naked eye that the crew member understands and species, or stocks; while free from distractions and in a will comply with the necessary • Effects on marine mammal habitat consistent, systematic, and diligent requirements throughout the survey (e.g., marine mammal prey species, manner. PSOs may be on watch for a activities. acoustic habitat, or other important maximum of four consecutive hours Based on our evaluation of the physical components of marine followed by a break of at least two hours mammal habitat); and between watches and may conduct a applicant’s proposed measures, as well • as other measures considered by NMFS, Mitigation and monitoring maximum of 12 hours of observation per NMFS has preliminarily determined effectiveness. 24-hour period. In cases where multiple that the proposed mitigation measures Proposed Monitoring Measures vessels are surveying concurrently, any observations of marine mammals would provide the means of effecting the least Visual monitoring will be performed practicable impact on marine mammal be communicated to PSOs on all nearby by qualified, NMFS-approved PSOs, the survey vessels. species or stocks and their habitat, resumes of whom will be provided to paying particular attention to rookeries, Vessels conducting HRG survey NMFS for review and approval prior to activities in very-shallow waters using mating grounds, and areas of similar the start of survey activities. Mayflower significance. shallow-draft vessels are very limited in would employ independent, dedicated, the number of personnel that can be Proposed Monitoring and Reporting trained PSOs, meaning that the PSOs onboard. In such cases, one visual PSO must (1) be employed by a third-party In order to issue an IHA for an will be onboard and the vessel captain observer provider, (2) have no tasks (or crew member on watch) will activity, section 101(a)(5)(D) of the other than to conduct observational MMPA states that NMFS must set forth conduct observations when the PSO is effort, collect data, and communicate on required breaks. All vessel crew requirements pertaining to the with and instruct relevant vessel crew monitoring and reporting of such taking. conducting PSO watches will receive with regard to the presence of marine training in monitoring and mitigation The MMPA implementing regulations at mammals and mitigation requirements 50 CFR 216.104(a)(13) indicate that requirements and species identification (including brief alerts regarding necessary to reliably carry out the requests for authorizations must include maritime hazards), and (3) have the suggested means of accomplishing mitigation requirements. Given the successfully completed an approved small size of these vessels, the PSO the necessary monitoring and reporting PSO training course appropriate for that will result in increased knowledge would effectively remain available to their designated task. On a case-by-case confirm sightings and any related of the species and of the level of taking basis, non-independent observers may or impacts on populations of marine mitigation measures while on break. be approved by NMFS for limited, PSOs must be equipped with mammals that are expected to be specific duties in support of approved, binoculars and have the ability to present in the proposed action area. independent PSOs on smaller vessels estimate distance and bearing to detect Effective reporting is critical both to with limited crew capacity operating in marine mammals, particularly in compliance as well as ensuring that the nearshore waters. proximity to exclusion zones. most value is obtained from the required The PSOs will be responsible for Reticulated binoculars must also be monitoring. monitoring the waters surrounding each available to PSOs for use as appropriate Monitoring and reporting survey vessel to the farthest extent based on conditions and visibility to requirements prescribed by NMFS permitted by sighting conditions, support the sighting and monitoring of should contribute to improved including exclusion zones, during all marine mammals. During nighttime understanding of one or more of the HRG survey operations. PSOs will operations, night-vision goggles with following: visually monitor and identify marine thermal clip-ons and infrared • Occurrence of marine mammal mammals, including those approaching technology would be used. Position data species or stocks in the area in which or entering the established exclusion would be recorded using hand-held or take is anticipated (e.g., presence, zones during survey activities. It will be vessel GPS units for each sighting. abundance, distribution, density); the responsibility of the Lead PSO on During good conditions (e.g., daylight • Nature, scope, or context of likely duty to communicate the presence of hours; Beaufort sea state (BSS) 3 or less), marine mammal exposure to potential marine mammals as well as to to the maximum extent practicable, stressors/impacts (individual or communicate the action(s) that are PSOs would also conduct observations cumulative, acute or chronic), through necessary to ensure mitigation and when the acoustic source is not better understanding of: (1) Action or monitoring requirements are operating for comparison of sighting environment (e.g., source implemented as appropriate. rates and behavior with and without use characterization, propagation, ambient During all HRG survey operations of the active acoustic sources. Any noise); (2) affected species (e.g., life (e.g., any day on which use of an HRG observations of marine mammals by history, dive patterns); (3) co-occurrence source is planned to occur), a minimum crew members aboard any vessel of marine mammal species with the of one PSO must be on duty during associated with the survey would be action; or (4) biological or behavioral daylight operations on each survey relayed to the PSO team. context of exposure (e.g., age, calving or vessel, conducting visual observations Data on all PSO observations would feeding areas); at all times on all active survey vessels be recorded based on standard PSO • Individual marine mammal during daylight hours (i.e., from 30 collection requirements. This would responses (behavioral or physiological) minutes prior to sunrise through 30 include dates, times, and locations of to acoustic stressors (acute, chronic, or minutes following sunset). Two PSOs survey operations; dates and times of cumulative), other stressors, or will be on watch during nighttime observations, location and weather;

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details of marine mammal sightings following information should be • Time, date, and location (latitude/ (e.g., species, numbers, behavior); and recorded: longitude) of the first discovery (and details of any observed marine mammal • Watch status (sighting made by PSO updated location information if known behavior that occurs (e.g., noted on/off effort, opportunistic, crew, and applicable); behavioral disturbances). alternate vessel/platform); • Species identification (if known) or • PSO who sighted the animal; description of the animal(s) involved; Proposed Reporting Measures • Time of sighting; • Condition of the animal(s) • Within 90 days after completion of Vessel location at time of sighting; (including carcass condition if the • Water depth; survey activities or expiration of this • animal is dead); IHA, whichever comes sooner, a final Direction of vessel’s travel (compass • Observed behaviors of the direction); technical report will be provided to • animal(s), if alive; NMFS that fully documents the Direction of animal’s travel relative • If available, photographs or video to the vessel; methods and monitoring protocols, • footage of the animal(s); and Pace of the animal; • summarizes the data recorded during • Estimated distance to the animal General circumstances under which monitoring, summarizes the number of and its heading relative to vessel at the animal was discovered. In the unanticipated event of a ship marine mammals observed during initial sighting; survey activities (by species, when • Identification of the animal (e.g., strike of a marine mammal by any vessel known), summarizes the mitigation genus/species, lowest possible involved in the activities covered by the actions taken during surveys (including taxonomic level, or unidentified); also IHA, Mayflower would report the what type of mitigation and the species note the composition of the group if incident to the NMFS OPR and the and number of animals that prompted there is a mix of species; NMFS New England/Mid-Atlantic the mitigation action, when known), • Estimated number of animals (high/ Stranding Coordinator as soon as and provides an interpretation of the low/best) ; feasible. The report would include the results and effectiveness of all • Estimated number of animals by following information: mitigation and monitoring. Any cohort (adults, yearlings, juveniles, • Time, date, and location (latitude/ recommendations made by NMFS must calves, group composition, etc.); longitude) of the incident; be addressed in the final report prior to • Description (as many distinguishing • Species identification (if known) or acceptance by NMFS. All draft and final features as possible of each individual description of the animal(s) involved; marine mammal and acoustic seen, including length, shape, color, • Vessel’s speed during and leading monitoring reports must be submitted to pattern, scars or markings, shape and up to the incident; • [email protected] size of dorsal fin, shape of head, and Vessel’s course/heading and what and [email protected]. The report blow characteristics); operations were being conducted (if must contain, at minimum, the • Detailed behavior observations (e.g., applicable); • following: number of blows, number of surfaces, Status of all sound sources in use; • • PSO names and affiliations; breaching, spyhopping, diving, feeding, Description of avoidance measures/ • Dates of departures and returns to traveling; as explicit and detailed as requirements that were in place at the port with port name; possible; note any observed changes in time of the strike and what additional • Dates and times (Greenwich Mean behavior); measures were taken, if any, to avoid Time) of survey effort and times • Animal’s closest point of approach strike; corresponding with PSO effort; and/or closest distance from the center • Environmental conditions (e.g., • Vessel location (latitude/longitude) point of the acoustic source; wind speed and direction, Beaufort sea when survey effort begins and ends; • Platform activity at time of sighting state, cloud cover, visibility) vessel location at beginning and end of (e.g., deploying, recovering, testing, data immediately preceding the strike; visual PSO duty shifts; acquisition, other); and • Estimated size and length of animal • Vessel heading and speed at • Description of any actions that was struck; beginning and end of visual PSO duty implemented in response to the sighting • Description of the behavior of the shifts and upon any line change; (e.g., delays, shutdown, ramp-up, speed marine mammal immediately preceding • Environmental conditions while on or course alteration, etc.) and time and and following the strike; visual survey (at beginning and end of location of the action. • If available, description of the PSO shift and whenever conditions If a North Atlantic right whale is presence and behavior of any other change significantly), including wind observed at any time by PSOs or marine mammals immediately speed and direction, Beaufort sea state, personnel on any project vessels, during preceding the strike; Beaufort wind force, swell height, surveys or during vessel transit, • Estimated fate of the animal (e.g., weather conditions, cloud cover, sun Mayflower must immediately report dead, injured but alive, injured and glare, and overall visibility to the sighting information to the NMFS North moving, blood or tissue observed in the horizon; Atlantic Right Whale Sighting Advisory water, status unknown, disappeared); • Factors that may be contributing to System: (866) 755–6622. North Atlantic and impaired observations during each PSO right whale sightings in any location • To the extent practicable, shift change or as needed as may also be reported to the U.S. Coast photographs or video footage of the environmental conditions change (e.g., Guard via channel 16. animal(s). vessel traffic, equipment malfunctions); In the event that Mayflower personnel and discover an injured or dead marine Negligible Impact Analysis and • Survey activity information, such as mammal, Mayflower would report the Determination type of survey equipment in operation, incident to the NMFS Office of NMFS has defined negligible impact acoustic source power output while in Protected Resources (OPR) and the as an impact resulting from the operation, and any other notes of NMFS New England/Mid-Atlantic specified activity that cannot be significance (i.e., pre-clearance survey, Stranding Coordinator as soon as reasonably expected to, and is not ramp-up, shutdown, end of operations, feasible. The report would include the reasonably likely to, adversely affect the etc.). If a marine mammal is sighted, the following information: species or stock through effects on

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annual rates of recruitment or survival expected to occur given the nature of and any takes that occur would not (50 CFR 216.103). A negligible impact the operations, the estimated size of the result in population level impacts. finding is based on the lack of likely Level A harassment zones, and the There are no rookeries, mating or adverse effects on annual rates of required shutdown zones for certain calving grounds known to be recruitment or survival (i.e., population- activities—and is not proposed to be biologically important to marine level effects). An estimate of the number authorized. mammals within the proposed Project of takes alone is not enough information In addition to being temporary, the Area. Furthermore, there is no on which to base an impact maximum expected harassment zone designated critical habitat for any ESA- determination. In addition to around a survey vessel is 141 m per listed marine mammals in the proposed considering estimates of the number of vessel during use of sparkers. Therefore, Project Area. marine mammals that might be ‘‘taken’’ the ensonified area surrounding each North Atlantic Right Whales through harassment, NMFS considers vessel is relatively small compared to The status of the North Atlantic right other factors, such as the likely nature the overall distribution of the animals in whale population is of heightened of any responses (e.g., intensity, the area and their use of the habitat. concern and, therefore, merits duration), the context of any responses Feeding behavior is not likely to be additional analysis. As noted (e.g., critical reproductive time or significantly impacted as prey species previously, elevated North Atlantic right location, migration), as well as effects are mobile and are broadly distributed whale mortalities began in June 2017 on habitat, and the likely effectiveness throughout the Project Area; therefore, and there is an active UME. Overall, of the mitigation. NMFS also assess the marine mammals that may be preliminary findings support human number, intensity, and context of temporarily displaced during survey interactions, specifically vessel strikes estimated takes by evaluating this activities are expected to be able to and entanglements, as the cause of information relative to population resume foraging once they have moved death for the majority of right whales. In status. Consistent with the 1989 away from areas with disturbing levels addition to the right whale feeding BIA preamble for NMFS’s implementing of underwater noise. Because of the noted above, the proposed Project Area regulations (54 FR 40338; September 29, temporary nature of the disturbance and overlaps a migratory corridor 1989), the impacts from other past and the availability of similar habitat and Biologically Important Area (BIA) for ongoing anthropogenic activities are resources in the surrounding area, the North Atlantic right whales (effective incorporated into this analysis via their impacts to marine mammals and the March-April and November-December) impacts on the environmental baseline food sources that they utilize are not that extends from Massachusetts to (e.g., as reflected in the regulatory status expected to cause significant or long- Florida (LeBrecque et al., 2015). Off the of the species, population size and term consequences for individual coast of Massachusetts, this migratory growth rate where known, ongoing marine mammals or their populations. BIA extends from the coast to beyond sources of human-caused mortality, or Furthermore, the proposed Project the shelf break. Due to the fact that that ambient noise levels). Area encompasses or is in close the proposed survey activities are To avoid repetition, our analysis proximity to feeding biologically temporary and the spatial extent of applies to all the species listed in Table important areas (BIAs) for right whales sound produced by the survey would be 9 given that NMFS expects the (February-April), humpback whales very small relative to the spatial extent anticipated effects of the proposed (March-December), fin whales (March- of the available migratory habitat in the survey to be similar in nature. Where October), and sei whales (May- BIA, right whale migration is not there are meaningful differences November) which were discussed in the expected to be impacted by the between species or stocks, as in the case previous IHA (85 FR 45578; July 29, proposed survey. Given the relatively of the North Atlantic right whale, they 2020) Most of these feeding BIAs are small size of the ensonified area, it is are included as separate subsections extensive and sufficiently large (705 unlikely that prey availability would be below. NMFS does not anticipate that km2 and 3,149 km2 for right whales; adversely affected by HRG survey serious injury or mortality would occur 47,701 km2 for humpback whales; 2,933 operations. Required vessel strike as a result from HRG surveys, even in km2 for fin whales; and 56,609 km2 for avoidance measures will also decrease the absence of mitigation, and no sei whales), and the acoustic footprint of risk of ship strike during migration; no serious injury or mortality is proposed the proposed survey is sufficiently ship strike is expected to occur during to be authorized. As discussed in the small, such that feeding opportunities Mayflower’s proposed activities. Potential Effects section, non-auditory for these whales would not be reduced Additionally, only very limited take by physical effects and vessel strike are not appreciably. Any whales temporarily Level B harassment of North Atlantic expected to occur. NMFS expects that displaced from the parts of the BIAs that right whales has been requested and is all potential takes would be in the form overlap with the proposed Project Area being proposed by NMFS as HRG survey of short-term Level B harassment would be expected to have sufficient operations are required to maintain a behavioral harassment in the form of remaining feeding habitat available to 500 m EZ and shutdown if a North temporary avoidance of the area or them, and would not be prevented from Atlantic right whale is sighted at or decreased foraging (if such activity was feeding in other areas within the within the EZ. The 500 m shutdown occurring), reactions that are considered biologically important feeding habitat. zone for right whales is conservative, to be of low severity and with no lasting In addition, any displacement of whales considering the Level B harassment biological consequences (e.g., Southall from the BIA or interruption of foraging isopleth for the most impactful acoustic et al., 2007). Even repeated Level B bouts would be expected to be source (i.e., GeoMarine Geo-Source 400 harassment of some small subset of an temporary in nature. Therefore, NMFS tip sparker) is estimated to be 141 m, overall stock is unlikely to result in any does not expect impacts to whales and thereby minimizes the potential for significant realized decrease in viability within feeding BIAs to affect the fitness behavioral harassment of this species. for the affected individuals, and thus of any large whales. Accordingly, NMFS As noted previously, Level A would not result in any adverse impact does not anticipate impacts from the harassment is not expected due to the to the stock as a whole. As described proposed survey that would impact small PTS zones associated with HRG above, Level A harassment is not annual rates of recruitment or survival equipment types proposed for use.

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NMFS does not anticipate North opportunity to move away from the small area such that any avoidance of Atlantic right whales takes that would sound source throughout the Project the Project Area due to activities would result from Mayflower’s proposed Area before HRG survey equipment not affect migration. In addition, activities would impact annual rates of reaches full energy, thus preventing mitigation measures to shutdown at 500 recruitment or survival. Thus, any takes them from being exposed to sound m to minimize potential for Level B that occur would not result in levels that have the potential to cause behavioral harassment would limit any population level impacts for the species. injury (Level A harassment) or more take of the species; and severe Level B harassment. No Level A Other Marine Mammal Species With • The proposed mitigation measures, harassment is anticipated, even in the Active UMEs including visual monitoring and absence of mitigation measures, or As noted in the previous IHA, there proposed for authorization. shutdowns, are expected to minimize are several active UMEs occurring in the NMFS expects that takes would be in potential impacts to marine mammals. vicinity of Mayflower’s proposed Project the form of short-term Level B Based on the analysis contained Area. Elevated humpback whale harassment behavioral harassment by herein of the likely effects of the mortalities have occurred along the way of brief startling reactions and/or specified activity on marine mammals Atlantic coast from Maine through temporary vacating of the area, or and their habitat, and taking into Florida since January 2016. Of the cases decreased foraging (if such activity was consideration the implementation of the examined, approximately half had occurring)—reactions that (at the scale proposed monitoring and mitigation evidence of human interaction (ship and intensity anticipated here) are measures, NMFS preliminarily finds strike or entanglement). The UME does considered to be of low severity, with that the total marine mammal take from not yet provide cause for concern no lasting biological consequences. the proposed activity will have a regarding population-level impacts. Since both the sources and marine negligible impact on all affected marine Despite the UME, the relevant mammals are mobile, animals would mammal species or stocks. population of humpback whales (the only be exposed briefly to a small West Indies breeding population, or ensonified area that might result in take. Small Numbers distinct population segment (DPS)) Additionally, required mitigation As noted above, only small numbers remains stable at approximately 12,000 measures would further reduce of incidental take may be authorized individuals. exposure to sound that could result in under sections 101(a)(5)(A) and (D) of Beginning in January 2017, elevated more severe behavioral harassment. minke whale strandings have occurred In summary and as described above, the MMPA for specified activities other along the Atlantic coast from Maine the following factors primarily support than military readiness activities. The through South Carolina, with highest our preliminary determination that the MMPA does not define small numbers numbers in Massachusetts, Maine, and impacts resulting from this activity are and so, in practice, where estimated New York. This event does not provide not expected to adversely affect the numbers are available, NMFS compares cause for concern regarding population species or stock through effects on the number of individuals taken to the level impacts, as the population annual rates of recruitment or survival: most appropriate estimation of abundance is greater than 20,000 • No mortality or serious injury is abundance of the relevant species or whales. anticipated or proposed for stock in our determination of whether Elevated numbers of harbor seal and authorization; an authorization is limited to small gray seal mortalities were first observed • No Level A harassment (PTS) is numbers of marine mammals. When the in July 2018 and have occurred across anticipated, even in the absence of predicted number of individuals to be Maine, New Hampshire, and mitigation measures, or proposed for taken is fewer than one third of the Massachusetts. Based on tests authorization; species or stock abundance, the take is conducted so far, the main pathogen • Foraging success is not likely to be considered to be of small numbers. found in the seals is phocine distemper significantly impacted as effects on Additionally, other qualitative factors virus, although additional testing to species that serve as prey species for may be considered in the analysis, such identify other factors that may be marine mammals from the survey are as the temporal or spatial scale of the involved in this UME are underway. expected to be minimal; activities. The UME does not yet provide cause for • Due to the relatively small footprint concern regarding population-level of the survey activities in relation to the NMFS proposes to authorize impacts to any of these stocks. For size of feeding BIAs for right, incidental take of 14 marine mammal harbor seals, the population abundance humpback, fin, and sei whales, the species. The total amount of takes is over 75,000 and annual M/SI (350) is survey activities would not affect proposed for authorization is less than well below PBR (2,006) (Hayes et al., foraging success of these whale species; 3 percent for all species and stocks 2020). The population abundance for • The availability of alternate areas of authorized for take except for sei whales gray seals in the United States is over similar habitat value for marine (less than 22 percent), which NMFS 27,000, with an estimated abundance, mammals to temporarily vacate the preliminarily finds are small numbers of including seals in Canada, of Project Area during the planned survey marine mammals relative to the approximately 505,000. In addition, the to avoid exposure to sounds from the estimated overall population abundance of gray seals is likely activity; abundances for those stocks. See Table increasing in the U.S. Atlantic EEZ as • Take is anticipated to be limited to 9. Based on the analysis contained well as in Canada (Hayes et al., 2020). Level B behavioral harassment herein of the proposed activity The required mitigation measures are consisting of brief startling reactions (including the proposed mitigation and expected to reduce the number and/or and/or temporary avoidance of the monitoring measures) and the severity of proposed takes for all species Project Area; anticipated take of marine mammals, listed in Table 9, including those with • While the Project Area is within NMFS preliminarily finds that small active UME’s to the level of least areas noted as a migratory BIA for North numbers of marine mammals will be practicable adverse impact. In particular Atlantic right whales, the activities taken relative to the population size of they would provide animals the would occur in such a comparatively the affected species or stocks.

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Unmitigable Adverse Impact Analysis site characterization surveys. NMFS also DEPARTMENT OF COMMERCE and Determination requests at this time comment on the Patent and Trademark Office There are no relevant subsistence uses potential Renewal of this proposed IHA of the affected marine mammal stocks or as described in the paragraph below. [Docket No.: PTO–P–2021–0011] species implicated by this action. Please include with your comments any Therefore, NMFS has determined that supporting data or literature citations to Grant of Interim Extension of the Term ® the total taking of affected species or help inform decisions on the request for of U.S. Patent No. 6,953,476; Reducer this IHA or a subsequent Renewal IHA. stocks would not have an unmitigable AGENCY: United States Patent and adverse impact on the availability of On a case-by-case basis, NMFS may issue a one-time, one-year Renewal IHA Trademark Office, Department of such species or stocks for taking for Commerce. subsistence purposes. following notice to the public providing an additional 15 days for public ACTION: Notice of interim patent term Endangered Species Act comments when (1) up to another year extension. Section 7(a)(2) of the Endangered of identical or nearly identical, or nearly SUMMARY: The United States Patent and Species Act of 1973 (16 U.S.C. 1531 et identical, activities as described in the Trademark Office has issued an order seq.) requires that each Federal agency Description of Proposed Activities granting a one-year interim extension of insure that any action it authorizes, section of this notice is planned or (2) the term of U.S. Patent No. 6,953,476. funds, or carries out is not likely to the activities as described in the FOR FURTHER INFORMATION CONTACT: Ali Description of Proposed Activities jeopardize the continued existence of Salimi by telephone at 571–272–0909; section of this notice would not be any endangered or threatened species or by mail marked to his attention and completed by the time the IHA expires result in the destruction or adverse addressed to the Commissioner for and a Renewal would allow for modification of designated critical Patents, Mail Stop Hatch-Waxman PTE, habitat. To ensure ESA compliance for completion of the activities beyond that P.O. Box 1450, Alexandria, VA 22313– the issuance of IHAs, NMFS consults described in the Dates and Duration 1450; by fax marked to his attention at internally, in this case with the NMFS section of this notice, provided all of the 571–273–0909; or by email to Greater Atlantic Regional Fisheries following conditions are met: [email protected]. Office (GARFO), whenever NMFS • A request for renewal is received no SUPPLEMENTARY INFORMATION: proposes to authorize take for later than 60 days prior to the needed Section endangered or threatened species. Renewal IHA effective date (recognizing 156 of Title 35, United States Code, The NMFS Office of Protected that the Renewal IHA expiration date generally provides that the term of a Resources is proposing to authorize the cannot extend beyond one year from patent may be extended for a period of incidental take of four species of marine expiration of the initial IHA); up to five years if the patent claims a mammals listed under the ESA: the • The request for renewal must product, or a method of making or using North Atlantic right, fin, sei, and sperm include the following: a product, that has been subject to whale. The OPR has requested initiation 1. An explanation that the activities to certain defined regulatory review, and of section 7 consultation with NMFS be conducted under the requested that the patent may be extended for GARFO for the issuance of this IHA. Renewal IHA are identical to the interim periods of up to one year if the NMFS will conclude the ESA section 7 activities analyzed under the initial regulatory review is anticipated to consultation prior to reaching a IHA, are a subset of the activities, or extend beyond the expiration date of the determination regarding the proposed include changes so minor (e.g., patent. issuance of the authorization. reduction in pile size) that the changes On February 19, 2021, Neovasc do not affect the previous analyses, Medical Ltd., the patent owner of Proposed Authorization mitigation and monitoring record, timely filed an application As a result of these preliminary requirements, or take estimates (with under 35 U.S.C. 156(d)(5) for a second determinations, NMFS proposes to issue the exception of reducing the type or interim extension of the term of U.S. an IHA to Mayflower for conducting amount of take); and Patent No. 6,953,476. The patent claims marine site characterization surveys a catheter delivered implantable device, 2. A preliminary monitoring report ® offshore of Massachusetts in the area of showing the results of the required Reducer . The application for patent the Commercial Lease of Submerged monitoring to date and an explanation term extension indicates that a Lands for Renewable Energy showing that the monitoring results do Premarket Approval Application (PMA) Development on the Outer Continental not indicate impacts of a scale or nature P190035 was submitted to the Food and Shelf (OCS–A 0521) and along a not previously analyzed or authorized. Drug Administration (FDA) on potential submarine cable route to Upon review of the request for December 31, 2019. landfall at Falmouth, Massachusetts for Renewal, the status of the affected Review of the patent term extension a period of one year from the date of species or stocks, and any other application indicates that, except for issuance, provided the previously pertinent information, NMFS permission to market or use the product mentioned mitigation, monitoring, and determines that there are no more than commercially, the subject patent would reporting requirements are incorporated. minor changes in the activities, the be eligible for an extension of the patent A draft of the proposed IHA can be mitigation and monitoring measures term under 35 U.S.C. 156, and that the found at https:// will remain the same and appropriate, patent should be extended for one year www.fisheries.noaa.gov/permit/ and the findings in the initial IHA as required by 35 U.S.C. 156(d)(5)(B). incidental-take-authorizations-under- remain valid. Because the regulatory review period marine-mammal-protection-act. will continue beyond the extended Dated: February 24, 2021. expiration date of the patent, March 27, Request for Public Comments Donna S. Wieting, 2021, interim extension of the patent NMFS requests comment on our Director, Office of Protected Resources, term under 35 U.S.C. 156(d)(5) is analyses, the proposed authorization, National Marine Fisheries Service. appropriate. and any other aspect of this notice of [FR Doc. 2021–04161 Filed 2–26–21; 8:45 am] An interim extension under 35 U.S.C. proposed IHA for the proposed marine BILLING CODE 3510–22–P 156(d)(5) of the term of U.S. Patent No.

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6,953,476 is granted for a period of one DEPARTMENT OF DEFENSE SUPPLEMENTARY INFORMATION: This year from the extended expiration date 36(b)(1) arms sales notification is [Transmittal No. 20–48] of the patent. published to fulfill the requirements of Arms Sales Notification section 155 of Public Law 104–164 Robert Bahr, dated July 21, 1996. The following is a Deputy Commissioner for Patents, United AGENCY: Defense Security Cooperation copy of a letter to the Speaker of the States Patent and Trademark Office. Agency, Department of Defense (DoD). House of Representatives, Transmittal [FR Doc. 2021–04168 Filed 2–26–21; 8:45 am] ACTION: Arms sales notice. 20–48 with attached Policy Justification BILLING CODE 3510–16–P and Sensitivity of Technology. SUMMARY: The Department of Defense is publishing the unclassified text of an Dated: February 23, 2021. arms sales notification. Aaron T. Siegel, FOR FURTHER INFORMATION CONTACT: Alternate OSD Federal Register Liaison Karma Job at [email protected] Officer, Department of Defense. or (703) 697–8976. BILLING CODE 5001–06–P

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Transmittal No. 20–48 Major Defense Equipment * .. $38 million Five hundred seventeen (517) AN/PRC– Notice of Proposed Issuance of Letter of Other ...... $27 million 158 Manpack UHF SATCOM Radio Offer Pursuant to Section 36(b)(1) of the Systems Arms Export Control Act, as amended TOTAL ...... $65 million Non-MDE: Also included are crypto (iii) Description and Quantity or fill devices, man-portable ancillaries, (i) Prospective Purchaser: NATO vehicular ancillaries, deployed Communications and Information Quantities of Articles or Services under Headquarter ancillaries, power support, Agency (NCIA) Consideration for Purchase: and operator and maintenance training, (ii) Total Estimated Value: Major Defense Equipment (MDE):

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and other related elements of program, formation. These capabilities increase 4. This sale is necessary in technical and logistics support. secure communication effectiveness and furtherance of the U.S. foreign policy (iv) Military Department: Army (K4– efficiency and enhance military and national security objectives B–VAA) decision making. NCIA will have no outlined in the enclosed Policy (v) Prior Related Cases, if any: None difficulty absorbing this equipment into Justification. A determination has been (vi) Sales Commission, Fee, etc., Paid, its armed forces. made that the NCIA can provide the Offered, or Agreed to be Paid: None The proposed sale of this equipment same degree of protection for the (vii) Sensitivity of Technology will not alter the basic military balance sensitive technology being released as Contained in the Defense Article or in the region. the U.S. Government. Defense Services Proposed to be Sold: The prime contractor will be Collins 5. All defense articles and services See Attached Annex Aerospace, Cedar Rapids, IA. There are listed in this transmittal have been (viii) Date Report Delivered to no known offset agreements in authorized for release and export to the Congress: February 5, 2021 connection with this potential sale. NCIA. * As defined in Section 47(6) of the Implementation of this proposed sale [FR Doc. 2021–04122 Filed 2–26–21; 8:45 am] Arms Export Control Act. will require one (1) or two (2) contractor representatives to travel to the specified BILLING CODE 5001–06–C Policy Justification NATO country to conduct the Operator and Maintenance OCONUS for a period NATO Communications and DEPARTMENT OF DEFENSE Information Agency (NCIA)—UHF of two (2) months. SATCOM Radio Systems There will be no adverse impact on U.S. defense readiness as a result of this [Transmittal No. 20–81] The NATO Communications and proposed sale. Information Agency (NCIA) has Arms Sales Notification requested to buy five hundred seventeen Transmittal No. 20–48 AGENCY: (517) AN/PRC–158 Manpack UHF Notice of Proposed Issuance of Letter of Defense Security Cooperation SATCOM radio systems. Also included Offer Pursuant to Section 36(b)(1) of the Agency, Department of Defense (DoD). are crypto fill devices, man-portable Arms Export Control Act ACTION: Arms sales notice. ancillaries, vehicular ancillaries, deployed Headquarter ancillaries, Annex SUMMARY: The Department of Defense is power support, and operator and Item No. vii publishing the unclassified text of an maintenance training, and other related (vii) Sensitivity of Technology: arms sales notification. elements of program, technical and 1. The UHF SATCOM terminal FOR FURTHER INFORMATION CONTACT: logistics support. The total estimated provides voice or data connectivity. The Karma Job at [email protected] program cost is $65 million. device itself is CCI but is not classified or (703) 697–8976. This proposed sale will support the until it is keyed with the proper keying SUPPLEMENTARY INFORMATION: This foreign policy and national security of material to enable secure 36(b)(1) arms sales notification is the United States by helping to improve communications. published to fulfill the requirements of the security of NATO allies and partner 2. The highest level of information section 155 of Public Law 104–164 nations that are an important force for required to furnish the equipment, dated July 21, 1996. The following is a ensuring peace and stability in Europe. training, and data associated with this copy of a letter to the Speaker of the This proposed sale will ensure NATO proposed sale is UNCLASSIFIED. House of Representatives, Transmittal warfighters have access to the latest C3I 3. If a technologically advanced 20–81 with attached Policy Justification systems and technologies, and will be adversary were to obtain knowledge of and Sensitivity of Technology. interoperable with U.S. forces. An the specific hardware and software updated UHF TACSAT radios in the elements, the information could be used Dated: February 23, 2021. hands of NATO allies and partners will to develop countermeasures that might Aaron T. Siegel, offer significant C3I capabilities at all reduce weapon system effectiveness or Alternate OSD Federal Register Liaison echelons, from the operational level be used in the development of a system Officer, Department of Defense. down to the lowest small unit tactical with similar or advanced capabilities. BILLING CODE 5001–06–P

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Transmittal No. 20–81 Other ...... $ 15 million Up to one hundred sixty-eight (168) RIM-116C Rolling Airframe Missiles Notice of Proposed Issuance of Letter of TOTAL ...... $197 million (RAM) Block 2 Tactical Missiles Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended Funding Source: Foreign Military Non-MDE: Financing (FMF) Also included are RAM Guided (i) Prospective Purchaser: Government Missile Round Pack Tri-Pack shipping of Egypt (iii) Description and Quantity or and storage containers; operator Quantities of Articles or Services under (ii) Total Estimated Value: manuals and technical documentation; Consideration for Purchase: U.S. Government and contractor Major Defense Equipment * .. $182 million Major Defense Equipment (MDE): engineering, technical and logistics

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support services; and other related Transmittal No. 20–81 collection of information is necessary elements of logistical and program Notice of Proposed Issuance of Letter of for the proper performance of the support. Offer Pursuant to Section 36(b)(1) of the functions of the agency, including (iv) Military Department: Navy (EG– Arms Export Control Act whether the information shall have P–ADJ) practical utility; the accuracy of the Annex agency’s estimate of the burden of the (v) Prior Related Cases, if any: EG–P– proposed information collection; ways GJG Item No. vii to enhance the quality, utility, and (vi) Sales Commission, Fee, etc., Paid, (vii) Sensitivity of Technology: clarity of the information to be Offered, or Agreed to be Paid: None 1. The RIM-116C Rolling Airframe collected; and ways to minimize the (vii) Sensitivity of Technology Missile (RAM) is an autonomous (i.e., burden of the information collection on Contained in the Defense Article or ‘‘fire and forget’’) lightweight, respondents, including through the use Defense Services Proposed to be Sold: supersonic, surface-to-air tactical of automated collection techniques or See Attached Annex missile for ship self-defense against other forms of information technology. current and evolving anti-ship cruise DATES: (viii) Date Report Delivered to missile threats. Advanced technology in Consideration will be given to all Congress: February 16, 2021 the RIM-116C includes dual-mode RF/ comments received by April 30, 2021. * As defined in Section 47(6) of the IR (radio frequency/infrared) guidance ADDRESSES: You may submit comments, Arms Export Control Act. with IR all-the-way capability for non- identified by docket number and title, by any of the following methods: POLICY JUSTIFICATION emitting threats. 2. The highest level of classification of Federal eRulemaking Portal: http:// Egypt—Rolling Airframe Missiles (RAM) defense articles, components, and www.regulations.gov. Follow the Block 2 Tactical Missiles services included in this potential sale instructions for submitting comments. Mail: The DoD cannot receive written is SECRET. The Government of Egypt has comments at this time due to the 3. If a technologically advanced requested to buy up to one hundred COVID–19 pandemic. Comments should adversary were to obtain knowledge of sixty-eight (168) RIM-116C Rolling be sent electronically to the docket the specific hardware and software Airframe Missiles (RAM) Block 2 listed above. elements, the information could be used tactical missiles. Also included are Instructions: All submissions received to develop countermeasures that might RAM Guided Missile Round Pack Tri- must include the agency name, docket reduce weapon system effectiveness or Pack shipping and storage containers; number and title for this Federal be used in the development of a system operator manuals and technical Register document. The general policy with similar or advanced capabilities. documentation; U.S. Government and for comments and other submissions 4. A determination has been made contractor engineering, technical and from members of the public is to make that Government of Egypt can provide logistics support services; and other these submissions available for public substantially the same degree of related elements of logistical and viewing on the internet at http:// protection for the sensitive technology program support. The estimated total www.regulations.gov as they are being released as the U.S. Government. program cost is $197 million. received without change, including any This sale is necessary in furtherance of personal identifiers or contact This proposed sale will support the the U.S. foreign policy and national information. foreign policy and national security of security objectives outlined in the the United States by helping to improve Policy Justification. FOR FURTHER INFORMATION CONTACT: To the security of a Major Non-NATO Ally 5. All defense articles and services request more information on this country that continues to be an listed in this transmittal have been proposed information collection or to important strategic partner in the authorized for release and export to the obtain a copy of the proposal and Middle East. Government of Egypt. associated collection instruments, The proposed sale will support the [FR Doc. 2021–04124 Filed 2–26–21; 8:45 am] please write to the Defense Health Egyptian Navy’s Fast Missile Craft ships Agency, 7700 Arlington Blvd., Falls BILLING CODE 5001–06–P and provide significantly enhanced area Church, VA 22042, ATTN: Shane Pham, defense capabilities over Egypt’s coastal (703) 275–6249. areas and approaches to the Suez Canal. DEPARTMENT OF DEFENSE SUPPLEMENTARY INFORMATION: Egypt will have no difficulty absorbing Title; Associated Form; and OMB this equipment into its armed forces Office of the Secretary Number: TRICARE Plus Enrollment/ since Egypt already operates previously Disenrollment Application; DD–2853 [Docket ID: DoD–2020–HA–0006] procured RAM Block 1A missiles. and DD–2854; OMB Control Number The proposed sale of this equipment Proposed Collection; Comment 0720–0028. and support will not alter the basic Request Needs and Uses: These collected military balance in the region. instruments serve as an application for AGENCY: The Office of the Assistant The principal contractor will be enrollment and disenrollment in the Secretary of Defense for Health Affairs, Raytheon Missiles & Defense (RMD), Department of Defense’s TRICARE Plus Department of Defense (DoD). Tucson, AZ. There are no known offset Health Plan established in accordance agreements proposed in connection ACTION: Information collection notice. with Title 10 U.S.C. 1099. The with this potential sale. information hereby provides the SUMMARY: In compliance with the TRICARE contractors with the necessary Implementation of this sale will not Paperwork Reduction Act of 1995, the data to determine beneficiary eligibility require the assignment of any U.S. or Defense Health Agency announces a and to identify the selection of a health contractor representatives to Egypt. proposed public information collection care option. There will be no adverse impact on and seeks public comment on the Affected Public: Individuals or U.S. defense readiness as a result of this provisions thereof. Comments are households. proposed sale. invited on: Whether the proposed Annual Burden Hours: 386.

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Number of Respondents: 3,305. DEPARTMENT OF DEFENSE SUPPLEMENTARY INFORMATION: This Responses per Respondent: 1. 36(b)(1) arms sales notification is Office of the Secretary published to fulfill the requirements of Annual Responses: 3,305. [Transmittal No. 21–16] section 155 of Public Law 104–164 Average Burden per Response: 7 dated July 21, 1996. The following is a minutes. Arms Sales Notification copy of a letter to the Speaker of the Frequency: On occasion. AGENCY: Defense Security Cooperation House of Representatives, Transmittal Dated: February 18, 2021. Agency, Department of Defense (DoD). 21–16 with attached Policy Justification and Sensitivity of Technology. Aaron T. Siegel, ACTION: Arms sales notice. Dated: February 23, 2021. Alternate OSD Federal Register Liaison SUMMARY: The Department of Defense is Aaron T. Siegel, Officer, Department of Defense. publishing the unclassified text of an [FR Doc. 2021–04192 Filed 2–26–21; 8:45 am] arms sales notification. Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 5001–06–P FOR FURTHER INFORMATION CONTACT: Karma Job at [email protected] BILLING CODE 5001–06–P or (703) 697–8976.

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Transmittal No. 21–16 (iii) Description and Quantity or Non-MDE: Also included is an ER GMLRS Materiel Release Package; Notice of Proposed Issuance of Letter of Quantities of Articles or Services under Stockpile Reliability Program (SRP) Offer Pursuant to Section 36(b)(1) of the Consideration for Purchase: support; Quality Assurance Testing Arms Export Control Act, as amended Major Defense Equipment (MDE): Twenty-Five (25) M30A2 Extended (QAT) services; technical publications; (i) Prospective Purchaser: Government Range Guided Multiple Launch U.S. Government and contractor of Finland Rocket System–Alternative Warhead technical and logistics support services; and other related elements of program (ii) Total Estimated Value: (ER GMLRS–AW) Pods and logistics support. Major Defense Equipment * .. $81.0 million Ten (10) M31A2 Extended Range Other ...... $10.2 million Guided Multiple Launch Rocket (iv) Military Department: Army (FI–B– Systems—Unitary (ER GMLRS–U) VBB) TOTAL ...... $91.2 million Pods (v) Prior Related Cases, if any: None

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(vi) Sales Commission, Fee, etc., Paid, will have no difficulty absorbing these elements, the information could be used Offered, or Agreed to be Paid: None missiles into its armed forces. to develop countermeasures or (vii) Sensitivity of Technology The proposed sale of this equipment equivalent systems that might reduce Contained in the Defense Article or and support will not alter the basic weapon system effectiveness or be used Defense Services Proposed to be Sold: military balance in the region. in the development of a system with See Attached Annex The principal contractor will be similar or advanced capabilities. (viii) Date Report Delivered to Lockheed Martin Corporation, Missile 4. A determination has been made Congress: February 17, 2021 and Fire Control, Grand Prairie, TX. that Finland can provide substantially There are no known offsets associated * As defined in Section 47(6) of the the same degree of protection for the with this potential sale. Arms Export Control Act. sensitive technology being released as Implementation of this proposed sale the U.S. Government. This sale is POLICY JUSTIFICATION will not require the assignment of U.S. necessary in furtherance of the U.S. Government or contractor Finland—Extended Range Guided foreign policy and national security representatives to Finland. Multiple Launch Rocket System objectives outlined in the Policy There will be no adverse impact on Justification. The Government of Finland has U.S. defense readiness as a result of this 5. All defense articles and services requested to buy twenty-five (25) proposed sale. listed in this transmittal have been M30A2 Extended Range Guided Transmittal No. 21–16 authorized for release and export to the Multiple Launch Rocket Systems— Government of Finland. Notice of Proposed Issuance of Letter of Alternative Warhead (ER GMLRS–AW) [FR Doc. 2021–04125 Filed 2–26–21; 8:45 am] Pods; and ten (10) M31A2 Extended Offer Pursuant to Section 36(b)(1) of the BILLING CODE 5001–06–C Range Guided Multiple Launch Rocket Arms Export Control Act, as amended Systems—Unitary (ER GMLRS–U) Pods. (vii) Sensitivity of Technology: Also included is an ER GMLRS Materiel 1. The ER GMLRS provides a DEPARTMENT OF DEFENSE Release Package; Stockpile Reliability persistent, responsive, all-weather, Program (SRP) support; Quality rapidly deployed, long range, surface-to- [Transmittal No. 20–50] Assurance Testing (QAT) services; surface, area- and point-precision strike Arms Sales Notification technical publications; U.S. Government capability. The AW variant (XM403, and contractor technical and logistics also referred to as M30A2) carries a 200- AGENCY: Defense Security Cooperation support services; and other related pound fragmentation assembly filled Agency, Department of Defense (DoD). element of program and logistics with high explosives which, upon ACTION: Arms sales notice. support. The total estimated cost is detonation, accelerates two layers of $91.2 million. preformed penetrators optimized for SUMMARY: The Department of Defense is This proposed sale will support the effectiveness against large area and publishing the unclassified text of an foreign policy and national security of imprecisely located targets. The Unitary arms sales notification. the United States by improving the variant (XM404, also referred to as FOR FURTHER INFORMATION CONTACT: security of a trusted partner which is an M31A2) is a 200-pound class unitary Karma Job at [email protected] important force for political stability with a steel blast-fragmentation case, or (703) 697–8976. and economic progress in Europe. It is designed for low collateral damage SUPPLEMENTARY INFORMATION: This vital to the U.S. national interest to against point targets. The ER GMLRS assist Finland in developing and 36(b)(1) arms sales notification is maintains the accuracy and published to fulfill the requirements of maintaining a strong and ready self- effectiveness demonstrated by the defense capability. section 155 of Public Law 104–164 baseline GMLRS out to a maximum dated July 21, 1996. The following is a Finland intends to use these defense range of 150 km (double of GMLRS copy of a letter to the Speaker of the articles and services to modernize its capability) while also including a new House of Representatives, Transmittal armed forces. Finland intends to expand Height Of Burst (HOB) capability. 20–50 with attached Policy Justification. its existing army architecture to counter 2. The highest level of classified potential threats. This will contribute to information associated with the sale of Dated: February 23, 2021. the Finland military’s goal to upgrade this equipment is SECRET. Aaron T. Siegel, its capability while enhancing 3. If a technologically advanced Alternate OSD Federal Register Liaison interoperability between Finland, the adversary were to obtain knowledge of Officer, Department of Defense. United States, and other allies. Finland the specific hardware and software BILLING CODE 5001–06–P

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Transmittal No. 20–50 Funding Source: Foreign Military and support. This amendment will push Financing (FMF) the case above Jordan’s current Notice of Proposed Issuance of Letter of notification threshold and thus requires Offer Pursuant to Section 36(b)(1) of the (iii) Description and Quantity or notification of the entire case. Arms Export Control Act, as Amended Quantities of Articles or Services under Consideration for Purchase: Foreign Major Defense Equipment (MDE): (i) Prospective Purchaser: Government Military Sales Case JO–D–QBN A2, None of Jordan implemented on January 22, 2018, for Non-MDE: Includes an F–16 Air (ii) Total Estimated Value: an F–16 Air Combat Training Center at Combat Training Center and Devices Major Defense Equipment * .. $ 0 million $51.2 million, was at the time below comprised of full mission trainers, Other ...... $60 million congressional notification threshold. combat tactics trainers, instructor/ Jordan has requested the case be operator stations, tactical environment Total ...... $60 million amended to include additional devices simulators, brief/debrief stations,

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scenario generation stations, database publications and technical There will be no adverse impact on generation stations, mission observation documentation; maintenance, spares U.S. defense readiness as a result of this centers, and other training center and repair parts and services; U.S. and proposed sale. equipment and support; software and contractor engineering, technical, and [FR Doc. 2021–04123 Filed 2–26–21; 8:45 am] software support; publications and logistical support services; and other BILLING CODE 5001–06–C technical documentation; maintenance, related elements of program support. spares and repair parts and services; The estimated total cost is $60 million. U.S. and contractor engineering, This proposed sale will support the DEPARTMENT OF DEFENSE technical, and logistical support foreign policy and national security of services; and other related elements of the United States by helping to improve Office of the Secretary program support. the security of a Major Non-NATO Ally (iv) Military Department: Air Force that is an important force for political [Transmittal No. 21–08] (JO–D–QBN A3) stability and economic progress in the (v) Prior Related Cases, if any: JO–D– Middle East. Arms Sales Notification QCU The proposed sale will improve (vi) Sales Commission, Fee, etc., Paid, Jordan’s capability to meet current and AGENCY: Defense Security Cooperation Offered, or Agreed to be Paid: None future threats by ensuring Jordan’s Agency, Department of Defense (DoD). (vii) Sensitivity of Technology pilots are effectively trained, which will ACTION: Arms sales notice. Contained in the Defense Article or contribute to the U.S.-Jordan lasting Defense Services Proposed to be Sold: partnership and ensure the country’s SUMMARY: The Department of Defense is None stability, a critical element to broader publishing the unclassified text of an (viii) Date Report Delivered to U.S. regional policy goals. Jordan will arms sales notification. Congress: February 11, 2021 use this asset to enhance training of FOR FURTHER INFORMATION CONTACT: * As defined in Section 47(6) of the pilots. Jordan will have no difficulty Karma Job at [email protected] Arms Export Control Act. absorbing these training center assets or (703) 697–8976. POLICY JUSTIFICATION and simulators into its armed forces. SUPPLEMENTARY INFORMATION: This The proposed sale of this equipment 36(b)(1) arms sales notification is Jordan—F–16 Air Combat Training and support will not alter the basic Center published to fulfill the requirements of military balance in the region. section 155 of Public Law 104–164 The Government of Jordan has The principal contractor will be dated July 21, 1996. The following is a requested to buy an F–16 Air Combat Lockheed Martin Corporation Rotary & copy of a letter to the Speaker of the Training Center and Devices including Mission Systems, Orlando, FL. There House of Representatives, Transmittal full mission trainers, combat tactics are no known offset agreements 21–08 with attached Policy Justification trainers, instructor/operator stations, proposed in connection with this and Sensitivity of Technology. tactical environment simulators, brief/ potential sale. debrief stations, scenario generation Implementation of this proposed sale Dated: February 23, 2021. stations, database generation stations, will require the assignment of two U.S. Aaron T. Siegel, mission observation centers, and other Lockheed Martin contractor Alternate OSD Federal Register Liaison training center equipment and support; representatives to Jordan for a duration Officer, Department of Defense. software and software support; of 2 years to support training. BILLING CODE 5001–06–P

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BILLING CODE 5001–06–C TOTAL ...... $85.0 million Two (2) MK 89 Mod 0 Guidance Transmittal No. 21–08 Sections Funding Source: National Funds One (1) Target Detection Device Kit Notice of Proposed Issuance of Letter of (iii) Description and Quantity or (including shroud), MK 45 Mod 14 Offer Pursuant to Section 36(b)(1) of the Quantities of Articles or Services under Non-MDE: Also included is inert Arms Export Control Act, as amended Consideration for Purchase: operational missile to support missile (i) Prospective Purchaser: Government Major Defense Equipment (MDE): recertification at the Intermediate Level of Chile Up to sixteen (16) Standard Missile–2 Maintenance Facility; spare parts and (ii) Total Estimated Value: (SM–2) Block IIIA Missiles (rail associated containers; personnel Major Defense Equipment * .. $55.0 million launched) (including two (2) missiles training and training equipment; Other ...... $35.0 million with manufacturer installed publications and technical data; U.S. telemeter) Government and contractor technical

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assistance and other related logistics Transmittal No. 21–08 ADDRESSES: Written comments and support including ordnance handling Notice of Proposed Issuance of Letter of recommendations for the proposed equipment; and other related elements Offer Pursuant to Section 36(b)(1) of the information collection should be sent of logistics and program support. Arms Export Control Act within 30 days of publication of this (iv) Military Department: Navy (CI–P– notice to www.reginfo.gov/public/do/ AFR) Annex PRAMain. Find this particular (v) Prior Related Cases, if any: None Item No. vii information collection by selecting (vi) Sales Commission, Fee, etc., Paid, (vii) Sensitivity of Technology: ‘‘Currently under 30-day Review—Open Offered, or Agreed to be Paid: None 1. The SM–2 missile targets threats for Public Comments’’ or by using the (vii) Sensitivity of Technology closer to the water’s surface, defending search function. Contained in the Defense Article or against anti-ship missiles and aircraft FOR FURTHER INFORMATION CONTACT: Defense Services Proposed to be Sold: out to 90 nautical miles. The SM–2 IIIA Angela James, 571–372–7574, or See Attached Annex variant provides enhanced area defense whs.mc-alex.esd.mbx.dd-dod- (viii) Date Report Delivered to capabilities and includes radar seeker [email protected]. Congress: February 5, 2021 technologies in continuous wave and SUPPLEMENTARY INFORMATION: * As defined in Section 47(6) of the interrupted continuous wave guidance Title; Associated Form; and OMB Arms Export Control Act. modes, tail controls and solid rocket Number: Navy Access Control POLICY JUSTIFICATION motor propulsion to engage high-speed Management System (NACMS) and the maneuvering threats and updated radar U.S. Marine Corps Biometric and Chile–Standard Missile–2 (SM–2) Block targeting and directional warheads. Automated Access Control System IIIA Missiles 2. The highest level of classification of (BAACS); the associated Form is The Government of Chile has information included in this potential SECNAV 5512/1 Department of the requested to buy up to sixteen (16) sale is SECRET. Navy Local Population ID Card/Base Standard Missile–2 (SM–2) Block IIIA 3. If a technologically-advanced Access Pass Registration Form; OMB missiles (rail launched) (including two adversary were to obtain knowledge of Control Number 0703–006. (2) missiles with manufacturer installed the specific hardware and software Type of Request: Revision. telemeter); two (2) MK 89 Mod 0 elements, the information could be used Number of Respondents: 4,900,000. Guidance Sections; and one (1) Target to develop countermeasures that might Responses per Respondent: 1. Detection Device Kit (including shroud), reduce weapon system effectiveness or Annual Responses: 4,900,000. MK 45 Mod 14. Intermediate Level be used in the development of a system Average Burden per Response: 10 Maintenance Facility; spare parts and with similar or advanced capabilities. minutes. associated containers; personnel 4. A determination has been made Annual Burden Hours: 816,667. training and training equipment; that Chile can provide substantially the Needs and Uses: The information publications and technical data; U.S. same degree of protection for the collection is required to control physical Government and contractor technical sensitive technology being released as access to DOD, DON or U.S. Marine assistance and other related logistics the U.S. Government. This sale is Corps installations/units controlled support including ordnance handling necessary in furtherance of the U.S. information, installations, facilities, or equipment; and other related elements foreign policy and national security areas over which the DOD, DON or U.S. of logistics and program support. The objectives outlined in the Policy Marine Corps has security total estimated program cost is $85.0 Justification. responsibilities by identifying or 5. All defense articles and services million. verifying an individual through the use listed in this transmittal have been This proposed sale will support the of biometric databases and associated authorized for release and export to foreign policy goals and national data processing/information services for Chile. security objectives of the United States designated populations for purposes of by improving the security of a strategic [FR Doc. 2021–04126 Filed 2–26–21; 8:45 am] protecting U.S./Coalition/allied partner in South America. BILLING CODE 5001–06–C government/national security areas of This proposed sale would support responsibility and information; to issue Chile’s anti-air warfare capabilities for badges, replace lost badges and retrieve DEPARTMENT OF DEFENSE the two recently transferred former passes upon separation; to maintain Adelaide-class frigates to the Chilean Department of the Navy visitor statistics; collect information to Navy. Chile will have no difficulty adjudicate access to facility; and track absorbing the equipment and services [Docket ID: USN–2020–HQ–0010] the entry/exit of personnel. into its armed forces. Affected Public: Individuals or Submission for OMB Review; The proposed sale of this equipment households. Comment Request will not alter the basic military balance Frequency: On occasion. in the region. AGENCY: United States Marine Corps, Respondent’s Obligation: Voluntary. The principal contractor will be Department of the Navy, Department of OMB Desk Officer: Ms. Jasmeet Raytheon Missiles and Defense, Tucson, Defense (DoD). Seehra. Arizona. There are no known offset ACTION: 30-Day information collection You may also submit comments and agreements in connection with this notice. recommendations, identified by Docket potential sale. ID number and title, by the following Implementation of this proposed sale SUMMARY: The Department of Defense method: will not require the assignment of any has submitted to OMB for clearance the • Federal eRulemaking Portal: http:// additional U.S. Government or following proposal for collection of www.regulations.gov. Follow the contractor representatives to Chile. information under the provisions of the instructions for submitting comments. There will be no adverse impact on Paperwork Reduction Act. Instructions: All submissions received U.S. defense readiness as a result of this DATES: Consideration will be given to all must include the agency name, Docket proposed sale. comments received by March 31, 2021. ID number, and title for this Federal

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Register document. The general policy Purpose of the Board: The purpose of ADDRESSES: Comments or motions to for comments and other submissions EMAB is to provide the Assistant intervene should be addressed to from members of the public is to make Secretary for Environmental Christopher Lawrence, these submissions available for public Management (EM) with independent [email protected]. viewing on the internet at http:// advice and recommendations on FOR FURTHER INFORMATION CONTACT: www.regulations.gov as they are corporate issues confronting the EM Christopher Lawrence (Program Office) received without change, including any program. EMAB’s membership reflects a at 202–586–5260 or by email to personal identifiers or contact diversity of views, demographics, [email protected], or information. expertise, and professional and Christopher Drake (Attorney-Adviser) at DOD Clearance Officer: Ms. Angela academic experience. Individuals are 202–586–2919 or by email to James. appointed by the Secretary of Energy to [email protected]. serve as either special Government Requests for copies of the information SUPPLEMENTARY INFORMATION: The collection proposal should be sent to employees or representatives of specific construction, operation, maintenance, interests and/or entities. Ms. James at whs.mc-alex.esd.mbx.dd- and connection of facilities at the [email protected]. Tentative Agenda: • international border of the United States Dated: February 18, 2021. Remarks from EM leadership for the transmission of electric energy • Vote on 2020 Regulatory Reform between the United States and a foreign Aaron T. Siegel, Recommendation Alternate OSD Federal Register Liaison • Reading of Public Comment country is prohibited in the absence of Officer, Department of Defense. • EM Waste Disposition Update a Presidential permit issued pursuant to [FR Doc. 2021–04191 Filed 2–26–21; 8:45 am] • EM Budget Update Executive Order (E.O.) 10485, as BILLING CODE 5001–06–P • Board Business amended by E.O. 12038. Public Participation: The online On September 25, 2020, CHPE filed virtual meeting is open to the public. an application with the Office of DEPARTMENT OF ENERGY Written statements may be filed with Electricity of the Department of Energy the Board either before or after the (DOE), as required by regulations at 10 Environmental Management Advisory meeting by sending them to Alyssa CFR 205.320 et seq., requesting that Board Harris at the aforementioned email DOE amend Presidential Permit No. PP– address. The Designated Federal Officer 481 to allow for changes in the route AGENCY: Office of Environmental is empowered to conduct the conference previously permitted (Amendment Management, Department of Energy. call in a fashion that will facilitate the Application). Notice of that application ACTION: Notice of open virtual meeting. orderly conduct of business. Individuals was published in the Federal Register wishing to make public comments on October 5, 2020 (85 FR 62,721). SUMMARY: This notice announces an should email them as directed above. On January 15, 2021, CHPE filed a online virtual meeting of the Minutes: Minutes will be available by supplement to its Amendment Environmental Management Advisory writing or calling Alyssa Harris at the Application asking DOE to amend Board (EMAB). The Federal Advisory address or phone number listed above. Presidential Permit No. PP–481 to Committee Act requires that public Minutes will also be available at the increase the capacity of the proposed notice of this conference call be following website: https:// Project from 1,000 megawatts (MW) to announced in the Federal Register. www.energy.gov/em/listings/emab- 1,250 MW. Since the filing of the DATES: Wednesday, March 24, 2021; meetings. Amendment Application last 2:00 p.m.–5:30 p.m. ET. Signed in Washington, DC, on February 23, September, the New York Independent ADDRESSES: This meeting will be held 2021. System Operator (NYISO) completed a virtually via Zoom. To attend, please LaTanya Butler, System Reliability Impact Study (SRIS) that assessed the potential impact of contact Alyssa Harris by email, Deputy Committee Management Officer. increasing the Project’s transmission [email protected], no later than [FR Doc. 2021–04083 Filed 2–26–21; 8:45 am] 5:00 p.m. EDT on Wednesday, March capacity from 1,000 MW to 1,250 MW. BILLING CODE 6450–01–P 17, 2021. The SRIS determined that the Project To submit public comment: Public can interconnect and operate at 1,250 comments will be accepted via email DEPARTMENT OF ENERGY MW without adversely affecting the prior to and after the meeting. reliability of the interstate transmission Comments received no later than 5:00 [OE Docket No. PP–481–1] grid. In addition to the completed SRIS, p.m. EDT on Wednesday, March 17, an expert retained by CHPE completed Application To Amend Presidential 2021 will be read aloud during the an analysis of the potential impacts of Permit; CHPE LLC virtual meeting. Comments will also be operating a 1,250 MW transmission line. accepted after the meeting by no later AGENCY: Office of Electricity, This analysis, which addressed than 5:00 p.m. EDT on Friday, March Department of Energy. magnetic fields, compass deviations, 26, 2021. Please send comments to ACTION: Notice of application. and thermal cable losses, determined Alyssa Harris at Alyssa.Harris@ that there would be no material change em.doe.gov. SUMMARY: CHPE LLC (Applicant or in impacts beyond those identified for CHPE) has filed a supplement to its the permitted 1,000 MW project. FOR FURTHER INFORMATION CONTACT: application to amend Presidential Procedural Matters: Any person may Alyssa Harris, EMAB Federal Permit No. PP–481. CHPE LLC seeks to comment on this application by filing Coordinator. U.S. Department of Energy, further amend its permit application to such comment at the address provided 1000 Independence Avenue SW, allow for certain modifications to the above. Any person seeking to become a Washington, DC 20585. Phone (202) previously permitted project. party to this proceeding must file a 430–9624 or Email: Alyssa.Harris@ DATES: Comments, protests, or motions motion to intervene at the address em.doe.gov. to intervene must be submitted on or provided above in accordance with Rule SUPPLEMENTARY INFORMATION: before March 31, 2021. 214 of the Federal Energy Regulatory

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Commission’s Rules of Practice and DEPARTMENT OF ENERGY Department of Energy, Office of Energy Procedure (18 CFR 385.214). Each Efficiency and Renewable Energy, [Case Number 2019–011; EERE–2019–BT– Building Technologies Office, Mail Stop comment or motion to intervene should WAV–0038] be filed with DOE on or before the date EE–5B, Petition for Waiver Case No. listed above. Energy Conservation Program: 2019–011, 1000 Independence Avenue SW, Washington, DC 20585–0121. If Comments and other filings Notification of Petition for Waiver of possible, please submit all items on a concerning this application should be Vinotheque From the Department of compact disc (‘‘CD’’), in which case it is clearly marked with OE Docket No. PP– Energy Walk-In Coolers and Walk-In Freezers Test Procedure and not necessary to include printed copies. 481–1. Additional copies are to be • Notification of Grant of Interim Waiver Hand Delivery/Courier: Appliance provided directly to Mr. Donald and Equipment Standards Program, U.S. Jessome, Chief Executive Officer, AGENCY: Office of Energy Efficiency and Department of Energy, Building Transmission Developers Inc., Pieter Renewable Energy, Department of Technologies Office, 950 L’Enfant Plaza Schuyler Building, 600 Broadway, Energy. SW, 6th Floor, Washington, DC 20024. Albany, New York 12207–2283, ACTION: Notification of petition for Telephone: (202) 287–1445. If possible, donald.jessome@ waiver and grant of an interim waiver; please submit all items on a ‘‘CD’’, in transmissiondevelopers.com and Jay request for comments. which case it is not necessary to include Ryan, Baker Botts LLP, 700 K Street printed copies. NW, Washington, DC 20001, jay.ryan@ SUMMARY: This document announces No telefacsimilies (‘‘faxes’’) will be bakerbotts.com. receipt of and publishes a petition for accepted. For detailed instructions on waiver and interim waiver from Before a Presidential permit may be submitting comments and additional Vinotheque Wine Cellars DBA issued or amended, DOE must information on this process, see the WhisperKOOL Corp. DBA CellarCool SUPPLEMENTARY INFORMATION section of determine that the proposed action is in (‘‘Vinotheque’’), which seeks a waiver this document. the public interest. In making that for specified walk-in cooler refrigeration Docket: The docket, which includes determination, DOE will consider the system basic models from the U.S. Federal Register notices, comments, environmental impacts of the proposed Department of Energy (‘‘DOE’’) test and other supporting documents/ action (i.e., granting the Presidential procedure used to determine the materials, is available for review at permit or amendment, with any efficiency and energy consumption of http://www.regulations.gov. All conditions and limitations, or denying walk-in coolers and walk-in freezers. documents in the docket are listed in the permit), determine the proposed DOE also gives notice of an Interim the http://www.regulations.gov index. project’s impact on electric reliability by Waiver Order that requires Vinotheque However, some documents listed in the ascertaining whether the proposed to test and rate the specified walk-in index, such as those containing project would adversely affect the cooler refrigeration system basic models information that is exempt from public operation of the U.S. electric power in accordance with the alternate test disclosure, may not be publicly supply system under normal and procedure set forth in the Interim available. contingency conditions, and weigh any Waiver Order, which modifies the The docket web page can be found at other factors that DOE may also alternate test procedure suggested by https://www.regulations.gov/ consider relevant to the public interest. Vinotheque. DOE solicits comments, docket?D=EERE-2019-BT-WAV-0038. DOE also must obtain the favorable data, and information concerning The docket web page contains recommendation of the Secretary of Vinotheque’s petition, its suggested instruction on how to access all State and the Secretary of Defense alternate test procedure, and the documents, including public comments, before taking final action on a alternate test procedure specified in the in the docket. See the SUPPLEMENTARY Presidential permit application. Interim Waiver Order so as to inform INFORMATION section for information on DOE’s final decision on Vinotheque’s how to submit comments through This application may be reviewed or waiver request. http://www.regulations.gov. downloaded electronically at http:// DATES: The Interim Waiver Order is FOR FURTHER INFORMATION CONTACT: energy.gov/oe/services/electricity- effective on March 1, 2021. Written Ms. Lucy deButts, U.S. Department of policy-coordination-and- comments and information will be Energy, Office of Energy Efficiency and implementation/international- accepted on or before March 31, 2021. Renewable Energy, Building electricity-regulatio-2. Upon reaching ADDRESSES: Interested persons are Technologies Office, Mailstop EE–5B, the home page, select ‘‘Pending encouraged to submit comments using 1000 Independence Avenue SW, Applications.’’ the Federal eRulemaking Portal at Washington, DC 20585–0121. Email: Signed in Washington, DC, on February 23, http://www.regulations.gov. [email protected]. 2021. Alternatively, interested persons may Mr. Michael Kido, U.S. Department of Christopher Lawrence, submit comments, identified by case Energy, Office of the General Counsel, Mail Stop GC–33, Forrestal Building, Management and Program Analyst, Energy number ‘‘2019–011’’, and Docket 1000 Independence Avenue SW, Resilience Division, Office of Electricity. number ‘‘EERE–2019–BT–WAV–0038,’’ Washington, DC 20585–0103. [FR Doc. 2021–04078 Filed 2–26–21; 8:45 am] by any of the following methods: • Federal eRulemaking Portal: http:// Telephone: (202) 586–8145. Email: BILLING CODE 6450–01–P www.regulations.gov. Follow the [email protected]@hq.doe.gov. instructions for submitting comments. SUPPLEMENTARY INFORMATION: DOE is • Email: publishing Vinotheque’s petition for WhisperKOOL2019WAV0038@ waiver in its entirety appendix 1 to this ee.doe.gov. Include Case No. 2019–011 document, pursuant to 10 CFR in the subject line of the message. 431.401(b)(1)(iv), absent information for • Postal Mail: Appliance and which the petitioner requested Equipment Standards Program, U.S. treatment as confidential business

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information. DOE invites all interested tracking number that http:// without change and as received, parties to submit in writing by March www.regulations.gov provides after you including any personal information 31, 2021, comments and information on have successfully uploaded your provided in the comments (except all aspects of the petition, including the comment. information deemed to be exempt from alternate test procedure. Pursuant to 10 Submitting comments via email, hand public disclosure). CFR 431.401(d), any person submitting delivery/courier, or postal mail. Case Number 2019–011 written comments to DOE must also Comments and documents submitted send a copy of such comments to the via email, hand delivery/courier, or Interim Waiver Order petitioner. The contact information for postal mail also will be posted to http:// I. Background and Authority the petitioner is: Christian Bromme, www.regulations.gov. If you do not want [email protected], 1738 East your personal contact information to be The Energy Policy and Conservation 1 Alpine Avenue, Stockton, CA 95205. publicly viewable, do not include it in Act, as amended (‘‘EPCA’’), authorizes Submitting comments via http:// your comment or any accompanying the U.S. Department of Energy (‘‘DOE’’) www.regulations.gov. The http:// documents. Instead, provide your to regulate the energy efficiency of a www.regulations.gov web page will contact information on a cover letter. number of consumer products and require you to provide your name and Include your first and last names, email certain industrial equipment. (42 U.S.C. 2 contact information. Your contact address, telephone number, and 6291–6317) Title III, Part C of EPCA, information will be viewable to DOE optional mailing address. The cover added by the National Energy Building Technologies staff only. Your letter will not be publicly viewable as Conservation Policy Act, Public Law contact information will not be publicly long as it does not include any 95–619, sec. 441 (Nov. 9, 1978), viewable except for your first and last comments. established the Energy Conservation names, organization name (if any), and Include contact information each time Program for Certain Industrial submitter representative name (if any). you submit comments, data, documents, Equipment, which sets forth a variety of If your comment is not processed and other information to DOE. If you provisions designed to improve the properly because of technical submit via postal mail or hand delivery/ energy efficiency for certain types of difficulties, DOE will use this courier, please provide all items on a industrial equipment. Through information to contact you. If DOE CD, if feasible, in which case it is not amendments brought about by the cannot read your comment due to necessary to submit printed copies. Energy Independence and Security Act technical difficulties and cannot contact Faxes will not be accepted. of 2007, Public Law 110–140, sec. 312 you for clarification, DOE may not be Comments, data, and other (Dec. 19, 2007), this equipment includes able to consider your comment. information submitted to DOE walk-in coolers and walk-in freezers, the However, your contact information electronically should be provided in subject of this Interim Waiver Order. (42 will be publicly viewable if you include PDF (preferred), Microsoft Word or U.S.C. 6311(1)(G)) it in the comment or in any documents Excel, WordPerfect, or text (ASCII) file The energy conservation program attached to your comment. Any format. Provide documents that are not under EPCA consists essentially of four information that you do not want to be secured, written in English and free of parts: (1) Testing, (2) labeling, (3) publicly viewable should not be any defects or viruses. Documents Federal energy conservation standards, included in your comment, nor in any should not contain special characters or and (4) certification and enforcement document attached to your comment. If any form of encryption and, if possible, procedures. Relevant provisions of this instruction is followed, persons they should carry the electronic EPCA include definitions (42 U.S.C. viewing comments will see only first signature of the author. 6311), test procedures (42 U.S.C. 6314), and last names, organization names, Campaign form letters. Please submit labeling provisions (42 U.S.C. 6315), correspondence containing comments, campaign form letters by the originating energy conservation standards (42 and any documents submitted with the organization in batches of between 50 to U.S.C. 6313), and the authority to comments. 500 form letters per PDF or as one form require information and reports from Do not submit to http:// letter with a list of supporters’ names manufacturers (42 U.S.C. 6316) www.regulations.gov information for compiled into one or more PDFs. This The Federal testing requirements which disclosure is restricted by statute, reduces comment processing and consist of test procedures that such as trade secrets and commercial or posting time. manufacturers of covered equipment financial information (hereinafter Confidential Business Information. must use as the basis for: (1) Certifying referred to as Confidential Business According to 10 CFR 1004.11, any to DOE that their equipment complies Information (‘‘CBI’’)). Comments person submitting information that he with the applicable energy conservation submitted through http:// or she believes to be confidential and standards adopted pursuant to EPCA (42 www.regulations.gov cannot be claimed exempt by law from public disclosure U.S.C. 6316(a); 42 U.S.C. 6295(s)), and as CBI. Comments received through the should submit via email, postal mail, or (2) making representations about the website will waive any CBI claims for hand delivery/courier two well-marked efficiency of that equipment (42 U.S.C. the information submitted. For copies: One copy of the document 6314(d)). Similarly, DOE must use these information on submitting CBI, see the marked ‘‘confidential’’ including all the test procedures to determine whether Confidential Business Information information believed to be confidential, the equipment complies with relevant section. and one copy of the document marked standards promulgated under EPCA. (42 DOE processes submissions made ‘‘non-confidential’’ with the information U.S.C. 6316(a); 42 U.S.C. 6295(s)) through http://www.regulations.gov believed to be confidential deleted. Under 42 U.S.C. 6314, EPCA sets forth before posting. Normally, comments Submit these documents via email or on the criteria and procedures DOE is will be posted within a few days of a CD, if feasible. DOE will make its own required to follow when prescribing or being submitted. However, if large determination about the confidential 1 volumes of comments are being status of the information and treat it All references to EPCA in this document refer to the statute as amended through the Energy Act processed simultaneously, your according to its determination. of 2020, Public Law 116–260 (Dec. 27, 2020). comment may not be viewable for up to It is DOE’s policy that all comments 2 For editorial reasons, upon codification in the several weeks. Please keep the comment may be included in the public docket, U.S. Code, Part C was redesignated as Part A–1.

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amending test procedures for covered petition for waiver. See 10 CFR cooler refrigeration systems operate at a equipment. EPCA requires that any test 431.401(e)(2). Within one year of temperature range of 45–65 °F; higher procedures prescribed or amended issuance of an interim waiver, DOE will than that of a typical walk-in cooler under this section must be reasonably either: (i) Publish in the Federal refrigeration system. Thus, the 35 °F designed to produce test results which Register a determination on the petition temperature specified in the DOE test reflect the energy efficiency, energy use for waiver; or (ii) publish in the Federal procedure for medium-temperature or estimated annual operating cost of Register a new or amended test walk-in refrigeration systems would covered products and equipment during procedure that addresses the issues result in the prescribed test procedures a representative average use cycle and presented in the waiver. See 10 CFR evaluating the specified basic models in requires that test procedures not be 431.401(h)(1). a manner so unrepresentative of their unduly burdensome to conduct. (42 When DOE amends the test procedure true energy consumption characteristics U.S.C. 6314(a)(2)) The test procedure to address the issues presented in a as to provide materially inaccurate used to determine the net capacity and waiver, the waiver will automatically comparative data. Vinotheque also annual walk-in energy factor (‘‘AWEF’’) terminate on the date on which use of states that the specified basic models are of walk-in cooler and walk-in freezer that test procedure is required to ‘‘wine cellar cooling systems’’ that refrigeration systems is contained in the demonstrate compliance. See 10 CFR operate at temperature and relative Code of Federal Regulations (‘‘CFR’’) at 431.401(h)(2). humidity ranges optimized for the long- 10 CFR part 431, subpart R, appendix C, II. Vinotheque’s Petition for Waiver and term storage of wine and are usually Uniform Test Method for the Application for Interim Waiver located in air-conditioned spaces. Measurement of Net Capacity and Vinotheque contends that because of AWEF of Walk-in Cooler and Walk-in DOE received correspondence, these characteristics, wine cellar walk- Freezer Refrigeration Systems docketed on December 2, 2019, from in refrigeration systems differ in their Vinotheque seeking an interim waiver (‘‘Appendix C’’). walk-in box temperature setpoint, walk- from the test procedure for walk-in Under 10 CFR 431.401, any interested in box relative humidity, low/high load cooler and walk-in freezer refrigeration person may submit a petition for waiver split,4 and compressor efficiency from systems set forth at Appendix C from DOE’s test procedure other walk-in cooler refrigeration (Vinotheque, No. 1).3 The waiver requirements. DOE will grant a waiver systems. from the test procedure requirements if process under 10 CFR 431.401 requires Vinotheque states that the specified DOE determines either that the basic that a petitioner must request a waiver basic models are designed to provide a model for which the waiver was for there to be consideration of a cold environment at a temperature range petition for an interim waiver. requested contains a design between 45–65 °F with 50–70 percent Vinotheque later confirmed in a May 26, characteristic that prevents testing of the relative humidity (‘‘RH’’), and typically 2020 email that its petition should also basic model according to the prescribed are kept at 55 °F and 55 percent RH be considered as a petition for waiver test procedures, or that the prescribed rather than the 35 °F and <50 percent (Vinotheque, No. 4). Vinotheque later test procedures evaluate the basic model RH test condition prescribed by the DOE submitted an updated petition, docketed in a manner so unrepresentative of its test procedure. Vinotheque states that on December 11, 2020, providing true energy consumption characteristics these temperature and RH conditions maximum external static pressure as to provide materially inaccurate are optimized for the purpose of long- (‘‘ESP’’) values for specified basic comparative data. See 10 CFR term wine storage to mimic the 431.401(f)(2). A petitioner must include models and clarifying that the specified basic models cannot operate below 45 °F temperature and humidity of natural in its petition any alternate test caves. Vinotheque also asserts that procedures known to the petitioner to (Vinotheque, No. 6). Due to two ° discrepancies in Vinotheque’s petition operating a wine cellar at the 35 F evaluate the performance of the condition would adversely equipment type in a manner for waiver (the ‘‘Platinum 4000 Ducted’’ model is listed in the basic model list mechanically alter the intended representative of its energy performance of the system, which consumption characteristics of the basic but is not listed in the table containing ESP values; the ‘‘SL2500’’ model is would include icing of the evaporator model. See 10 CFR 431.401(b)(1)(iii). coil that could potentially damage the DOE may grant the waiver subject to listed in the basic model list, but only compressor, and would not result in an conditions, including adherence to appears as ‘‘SL’’ in the table containing accurate representation of the alternate test procedures. See 10 CFR ESP values), Vinotheque provided a maximum ESP for the ‘‘Platinum 4000 performance of the cooling unit. 431.401(f)(2). Additionally, the basic models of As soon as practicable after the Ducted’’, and confirmed the model walk-in refrigeration systems— granting of any waiver, DOE will number and maximum ESP for identified in Vinotheque’s waiver publish in the Federal Register a notice ‘‘SL2500’’ (Vinotheque, No. 9). petition by the heading in the basic of proposed rulemaking to amend its The primary assertion in the petition, models list as ‘‘Single-Packaged’’—are regulations so as to eliminate any need absent an interim waiver, is that the single-package systems. Although not for the continuation of such waiver. See prescribed test procedure would 10 CFR 431.401(1). As soon thereafter as evaluate the specified basic models in a 4 The DOE test procedure incorporates by practicable, DOE will publish in the manner so unrepresentative of their true reference Air-Conditioning, Heating, and Federal Register a final rule to that energy consumption as to provide Refrigeration Institute (‘‘AHRI’’) Test Standard effect. Id. materially inaccurate comparative data. 1250–2009, ‘‘Standard for Performance Rating of The waiver process also provides that As presented in Vinotheque’s petition, Walk-in Coolers and Freezers’’ (including Errata sheet dated December 2015) (‘‘AHRI 1250–2009’’). DOE may grant an interim waiver if it the specified basic models of walk-in Section 6 of that standard defines walk-in box appears likely that the underlying thermal loads as a function of refrigeration system petition for waiver will be granted and/ 3 A notation in the form ‘‘Vinotheque, No. 1’’ net capacity for both high-load and low-load or if DOE determines that it would be identifies a written submission: (1) Made by periods. The waiver petition asserts that wine Vinotheque; and (2) recorded in document number cellars do not have distinct high and low load desirable for public policy reasons to 1 that is filed in the docket of this petition for periods, and that the box load levels in the test grant immediate relief pending a waiver (Docket No. EERE–2019–BT–WAV–0038) standard are not representative for wine cellar determination on the underlying and available at http://www.regulations.gov. refrigeration systems.

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explicitly identified by Vinotheque, walk-in refrigeration system test temperature of 55 °F, as opposed to the DOE recognizes that because of their procedure requirements, allowing the 35 °F requirement prescribed in the single-package design, these basic provisions to apply only to refrigeration current DOE test procedure. Vinotheque models have insufficient space within systems with a minimum operating also suggests using an air-return relative the units and insufficient lengths of temperature of 45 °F, since wine cellar humidity of 55 percent RH, as opposed liquid line and evaporator outlet line for system controls and unit design to <50 percent RH. Additionally, the dual mass flow meters and the dual specifications prevent these walk-ins Vinotheque requests that a correction temperature and pressure measurements from reaching a temperature below factor of 0.55 be applied to the final required by the test procedure’s 45 °F. A provision for testing walk-in AWEF calculation to account for the refrigerant enthalpy method. AHRI wine cellar refrigeration systems at an different use and load patterns of the 1250–2009 does not include specific external static pressure (‘‘ESP’’) 7 of 50 specified basic models as compared to provisions for testing single-package percent of the maximum ESP to be walk-in cooler refrigeration systems systems and testing these basic models specified by manufacturers for each generally. Vinotheque cited the use of using the refrigerant enthalpy method as basic model (‘‘AHRI August 2020 such a correction factor for coolers 9 and required by Appendix C would require Letter’’) is also included. combination cooler refrigeration extensive additional piping to route the Vinotheque’s updated petition, products under DOE’s test procedure for pipes out of the system where the docketed on December 11, 2020, states miscellaneous refrigeration products at components can be installed, and then that all basic models listed in the 10 CFR part 430, subpart B, appendix A. back in.5 This additional piping would petition for waiver and interim waiver IV. Interim Waiver Order impact unit performance, likely be have a minimum operating temperature inconsistent between test labs, and of 45 °F and provides maximum ESP DOE has reviewed Vinotheque’s result in unrepresentative test values for values for specified ducted single- application, its suggested testing the unit under test. AHRI has published packaged and ducted matched-pair approach, representations of the a revised version of the test standard basic models.8 (Vinotheque, No. 6) specified basic models on the website that provides provisions for single- Vinotheque requests an interim for the WhisperKOOL and CellarCool package systems without requiring waiver from the existing DOE test brands, related product catalogs, and extensive additional piping (AHRI procedure. DOE will grant an interim information provided by Vinotheque 1250–2020, 2020 Standard for waiver if it appears likely that the and other wine cellar walk-in Performance Rating of Walk-in Coolers petition for waiver will be granted, and/ refrigeration system manufacturers in and Freezers). As discussed below, the or if DOE determines that it would be meetings with DOE. Based on this interim waiver alternative test desirable for public policy reasons to review, DOE is granting an interim procedure presented for comment in grant immediate relief pending a waiver that requires testing with a this notification adopts the new test determination of the petition for waiver. modified version of the testing approach methods included in AHRI 1250–2020 See 10 CFR 431.401(e)(2). suggested by Vinotheque. for single-package units. The modified testing approach would DOE has received multiple requests III. Requested Alternate Test Procedure apply to the models specified in from wine cellar manufacturers for EPCA requires that manufacturers use Vinotheque’s waiver petition that waiver and interim waiver from the applicable DOE test procedures include two categories of WICF Appendix C. In light of these requests, when making representations about the refrigeration systems, i.e., single- DOE met with both AHRI and the wine energy consumption and energy packaged and matched-pair (split) cellar walk-in refrigeration system consumption costs of covered systems. The systems that are single- manufacturers to develop a consistent equipment. (42 U.S.C. 6314(d)). package are identified by a ‘‘Single- and representative alternate test Consistency is important when making Packaged’’ heading in the waiver procedure that would be relevant to representations about the energy petition. All of the single-package basic each waiver request. Ultimately, AHRI efficiency of products and equipment, models are capable of some ducting; sent a letter to DOE on August 18, 2020, including when demonstrating those that are specifically identified in summarizing the industry’s position on compliance with applicable DOE energy their basic model name as ‘‘fully several issues (‘‘AHRI August 2020 conservation standards. Pursuant to its ducted’’ are designed to be ducted on 6 Letter’’). This letter documents regulations at 10 CFR 431.401, and after both the evaporator and condenser industry support for specific wine cellar consideration of public comments on sides. This enables the option of the petition, DOE may establish in a installing the unit cooler remotely by 5 In a waiver granted to Store It Cold for certain subsequent Decision and Order an circulating air through ducts from the models of single-package units, DOE acknowledged wine cellar to the unit cooler and back, a similar issue in which the additional piping alternate test procedure for the basic necessary to install the required testing components models addressed by the Interim Waiver and from the condenser to the outside would affect performance of the units, rendering the Order. (or another conditioned space). The results unrepresentative. See 84 FR 39286 (Aug. 9, Vinotheque seeks to use an approach single-package basic models that are not 2019). In the case of the waiver granted to Store It identified in their basic model name as Cold, the refrigerant enthalpy method yielded that would test and rate specific wine inaccurate data for the specified basic models cellar walk-in refrigeration system basic ‘‘fully ducted’’ are designed for compared to the basic models’ true performance models. The company’s suggested installation through the wall or ceiling characteristics because of the additional piping approach specifies using an air-return of the wine cellar, with optional ducting required to attach the testing components required connecting the condenser side of the by the refrigerant enthalpy test. The same issues are present for the specified Single-Packaged basic 7 External static pressure is the sum of all the unit to the outside or another models included in Vinotheque’s waiver petition. pressure resisting the fans, in this case chiefly the 6 DOE’s meetings with Vinotheque and other resistance generated by the air moving through 9 A cooler is a cabinet, used with one or more wine cellar refrigeration systems were conducted ductwork. doors, that has a source of refrigeration capable of consistent with the Department’s ex parte meeting 8 Vinotheque has stated that the maximum ESP operating on single-phase, alternating current and is guidance (74 FR 52795; October 14, 2009). The values included in its updated petition for waiver capable of maintaining compartment temperatures AHRI August 2020 letter memorializes this are confidential business information. These values either: (1) No lower than 39 °F (3.9 °C); or (2) In a communication and is provided in Docket No. have been redacted from the publicly-available range that extends no lower than 37 °F (2.8 °C) but EERE–2019–BT–WAV–0038–0005. petition and email correspondence. at least as high as 60 °F (15.6 °C). 10 CFR 430.2.

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conditioned space. The basic models method; the outdoor room calorimeter maximum allowable duct length. In the that are identified by the ‘‘Matched- method; or the balanced ambient room absence of field data, DOE expects that Pair’’ heading in the waiver petition are calorimeter method. a range of duct lengths from the matched-pair (split) systems, in which The required alternate test procedure minimal length to the maximum refrigerant circulates between the also includes the following additional allowable length would be used; thus, ‘‘evaporator unit’’ (unit cooler) portion modifications to Vinotheque’s suggested DOE believes that half of the maximum of the unit and the ‘‘condensing unit.’’ approach: For systems that can be ESP would be representative of most The refrigerant cools the wine cellar air installed with (1) ducted evaporator air, installations. For basic models with in the evaporator unit, while the (2) with or without ducted evaporator condensing or evaporator units that are condensing unit rejects heat from the air, (3) ducted condenser air, or (4) with not designed for the ducting of air, this refrigeration system in a remote or without ducted condenser air, testing design characteristic must be clearly location, often outside. The evaporator would be conducted at 50 percent of the stated. unit of the ‘‘Fully Ducted’’ (Platinum maximum ESP, consistent with the Additionally, if there are multiple 4000 Fully Ducted, Platinum 8000 Fully AHRI August 2020 Letter condenser or evaporator unit fan speed Ducted, and Platinum Twin Fully recommendations, subject to a tolerance settings, the speed setting used would Ducted) matched-pair system basic of ¥0.00/+0.05 in. wc.11 DOE be as instructed in the unit’s installation models circulates air through ducts from understands that maximum ESP is instructions. However, if the installation the wine cellar to the evaporator unit generally not published in available instructions do not specify a fan speed and back to provide cooling, while the literature such as installation setting for ducted installation, systems evaporator unit of the remaining instructions, but manufacturers do that can be installed with ducts would matched-pair systems is installed either generally specify the size and maximum be tested with the highest available fan partially or entirely in the wine cellar, length of ductwork that is acceptable for speed. The ESP would be set for testing allowing direct cooling. The capacity any given unit in such literature. The either by symmetrically restricting the range of the specified basic models is duct specifications determine what ESP outlet duct 15 or, if using the indoor air from 1,453 Btu/h to 12,530 Btu/h at the would be imposed on the unit in field enthalpy method, by adjusting the 12 specified operating conditions for each operation. The provision of allowable airflow measurement apparatus blower. of the models (Vinotheque, No. 7).10 duct dimensions is more convenient for The alternate test procedure also DOE considers the operating installers than maximum ESP, since it describes the requirements for temperature range of the specified basic relieves the installer from having to measurement of ESP consistent with models to be integral to its analysis of perform duct pressure drop calculations provisions provided in AHRI 1250–2020 whether such models require a test to determine ESP. DOE independently when using the indoor air enthalpy procedure waiver. Grant of the interim calculated the maximum pressure drop method with unit coolers. waiver and its alternative test procedure over a range of common duct roughness According to Vinotheque’s petition, 13 to Vinotheque for the specified basic values using duct lengths and the specified walk-in refrigeration models listed in the petition is based diameters published in Vinotheque’s system basic models that are matched- upon Vinotheque’s representation that installation manuals (Vinotheque, No. pair systems are sold as full systems 14 the operating range for the basic models 7). DOE’s calculations show (i.e., split systems) rather than as listed in the interim waiver does not reasonable agreement with the individual unit cooler and condensing extend below 45 °F. maximum ESP values provided by unit components. This Interim Waiver The alternate test procedure specified Vinotheque for the specified basic Order provides no direction regarding in the Interim Waiver Order requires models. Given that the number and refrigerant line connection operating testing the specified basic models degree of duct bends and duct type will conditions, and as such is inapplicable according to Appendix C with the vary by installation, DOE found the to testing the basic models as individual following changes. The required maximum ESP values provided by components. Consequently, the Interim alternate test procedure specifies an air Vinotheque to be sufficiently Waiver Order addresses only matched- entering dry-bulb temperature of 55 °F representative. pair testing of the specified basic and a relative humidity of 55 percent. Selection of a representative ESP models that are split-systems. equal to half the maximum ESP is based The alternate test procedure also DOE notes that, despite the request on the expectation that most specifies that the capacity measurement from Vinotheque, it is not including a installations will require less than the for the specified basic models that are 0.55 correction factor in the alternate single-package systems (identified by test procedure required by the Interim 11 Inches of water column (‘‘in. wc’’) is a unit of Waiver Order. In its petition for waiver, the ‘‘Single-Packaged’’ heading in the pressure conventionally used for measurement of basic models list) be conducted using a pressure differentials. Vinotheque observed that the test primary and a secondary capacity 12 The duct material, length, diameter, shape, and procedure in appendix A to subpart B measurement method as specified in configuration are used to calculate the ESP of 10 CFR part 430 (‘‘Appendix A’’) generated in the duct, along with the temperature includes such a factor to account for the AHRI 1250–2020, using two of the and flow rate of the air passing through the duct. following: The indoor air enthalpy The conditions during normal operation that result difference in use and loading patterns of method; the outdoor air enthalpy in a maximum ESP are used to calculate the coolers (e.g., single-packaged wine method; the compressor calibration reported maximum ESP values, which are chiller cabinets) as compared to other dependent on individual unit design and represent residential refrigeration products and method; the indoor room calorimeter manufacturer-recommended installation and use. 13 Calculations were conducted over an absolute sought to include a factor as part of its 10 The specified operating conditions are 55 °F roughness range of 1.0–4.6 mm for flexible duct as petition. Coolers, like other residential cold-side air entering conditions and 85 °F warm- defined in pages 1–2 of an OSTI Journal Article on refrigeration products, are tested in a side air entering temperature. WhisperKOOL and pressure loss in flexible HVAC ducts at https:// 90 °F room without door openings CellarCool specification sheets and installation www.osti.gov/servlets/purl/836654 (Docket No. manuals do not specify a cold side relative EERE–2019–BT–WAV–0038–0008) and available at (section 2.1.1 of Appendix A). The humidity. An example series of specified models http://www.regulations.gov. with capacity information based upon these 14 A representative example of duct lengths and 15 This approach is used for testing of furnace conditions can be found in the Vinotheque owner’s diameters can be found in the Vinotheque owner’s fans, as described in Section 8.6.1.1 of 10 CFR part manual at the associated docket number. manual at the associated docket number. 430, appendix AA to subpart B.

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intent of the energy test procedure for based on whether the refrigeration Basic model Brand name residential refrigeration products is to system is for cooler or freezer simulate operation in typical room applications, and whether it is designed SC Pro 8000 ...... WhisperKOOL. ° Extreme 3500 ti ...... WhisperKOOL. conditions (72 F) with door openings for indoor or outdoor installation (see Extreme 5000 ti ...... WhisperKOOL by testing at 90 °F ambient temperature sections 6.2 (applicable to coolers) and Extreme 8000 ti ...... WhisperKOOL. without door openings. 10 CFR 6.3 (applicable to freezers) of AHRI Extreme 3500 tiR ...... WhisperKOOL. Extreme 5000 tiR ...... WhisperKOOL. 430.23(ff)(7). In section 5.2.1.1 of 1250–2009). The alternate test Extreme 8000 tiR ...... WhisperKOOL. Appendix A, a correction factor of 0.55 procedure provided by this interim Extreme 3500 tiR Fully Ducted WhisperKOOL. is applied to the measured energy waiver requires calculating AWEF based Extreme 5000 tiR Fully Ducted WhisperKOOL. consumption of coolers so that on setting the walk-in box load equal to Extreme 8000 tiR Fully Ducted WhisperKOOL. ° Phantom 3500 ...... WhisperKOOL. measuring energy consumption at 90 F half of the refrigeration system net Phantom 5000 ...... WhisperKOOL. ambient temperature without door capacity, without variation according to Phantom 8000 ...... WhisperKOOL. openings provides test results that are high and low load periods and without Slimline LS ...... WhisperKOOL. representative of consumer usage at variation with outdoor air temperature Optimum 2200 ...... CellarCool. ° Optimum 3300 ...... CellarCool. 72 F ambient temperature with door for outdoor refrigeration systems. Optimum 4400 ...... CellarCool. openings. Specifically, the 0.55 Setting the walk-in box load equal to Optimum 8800 ...... CellarCool. correction factor reflects that (1) closed- half the refrigeration system net CX2200 ...... CellarCool. CX3300 ...... CellarCool door operation of single-packaged capacity results in a refrigeration system ° CX4400 ...... CellarCool. coolers in typical 72 F room conditions run time fraction slightly above 50 CX8800 ...... CellarCool. results in an average energy percent. As previously discussed, walk- SL2500 ...... CellarCool. consumption 0.46 times the value in energy consumption is determined by Ultimate 3300 ...... CellarCool. ° Ultimate 4400 ...... CellarCool. measured at the 90 F ambient component, with separate test Ultimate 8800 ...... CellarCool. temperature specified by the test procedures for walk-in refrigeration Ultimate 3300–R ...... CellarCool procedure; and (2) expected door systems, doors, and panels. Section 6 of Ultimate 4400–R ...... CellarCool. openings of a single-packaged wine Ultimate 8800–R ...... CellarCool. AHRI 1250–2009 provides equations for Ultimate FD 3300 ...... CellarCool. chiller would add an additional 20% determining refrigeration box load as a Ultimate FD 4400 ...... CellarCool. thermal load. Multiplying 0.46 by 1.2 function of refrigeration system Ultimate FD 8800 ...... CellarCool. results in the overall correction factor of capacity. Using these equations with an Ultimate PLUS Fully Ducted CellarCool. 0.55. See 81 FR 46768, 46782 (July 18, 3300. assumed load factor of 50 percent Ultimate PLUS Fully Ducted CellarCool. 2016) (final rule for miscellaneous maintains consistency with Appendix C 4400. refrigeration products). while providing an appropriate load Ultimate PLUS Fully Ducted CellarCool. In contrast, these same closed-door fraction for wine cellar refrigeration 8800. conditions on which the miscellaneous systems. Accordingly, DOE has declined Matched-Pair refrigeration correction factor is based to adopt a correction factor for the are not present in the test procedure for equipment at issue. Platinum Mini ...... WhisperKOOL. walk-in cooler refrigeration systems. Platinum 4000 ...... WhisperKOOL. Based on DOE’s review of Platinum 8000 ...... WhisperKOOL. The WICF test procedure does not Vinotheque’s petition, the required Platinum Twin ...... WhisperKOOL. provide for closed-door testing at alternate test procedure laid out in the Platinum 4000 Fully Ducted ..... WhisperKOOL. elevated ambient temperatures as the Interim Waiver Order appears to allow Platinum 8000 Fully Ducted ..... WhisperKOOL. test procedure for residential Platinum Twin Fully Ducted ..... WhisperKOOL. for the accurate measurement of energy Platinum 4000 Ducted ...... WhisperKOOL. refrigeration products does because efficiency of the specified basic models, Platinum 8000 Ducted ...... WhisperKOOL. walk-ins are tested and rated by while alleviating the testing issues Platinum Twin Ducted ...... WhisperKOOL. Ceiling Mount Mini ...... WhisperKOOL. component, with a walk-in refrigeration associated with Vinotheque’s system tested and rated separately from Ceiling Mount 4000 ...... WhisperKOOL. implementation of wine cellar walk-in Ceiling Mount 8000 ...... WhisperKOOL. a walk-in enclosure (panels and doors). refrigeration system testing for these Ceiling Mount Twin ...... WhisperKOOL. See 76 FR 21580. Walk-in refrigeration basic models. Consequently, DOE has Quantum 9000 ...... WhisperKOOL. load is set by using a representative Quantum 12000 ...... WhisperKOOL. determined that Vinotheque’s petition ratio of box load to capacity (see Magnum 9000 ...... CellarCool. for waiver will likely be granted. Magnum 12000 ...... CellarCool. discussion below). As a result, applying Furthermore, DOE has determined that CM2500–S ...... CellarCool. the 0.55 correction factor as suggested CM3500–S ...... CellarCool. it is desirable for public policy reasons by Vinotheque is not appropriate for the CM5000–S ...... CellarCool. to grant Vinotheque immediate relief CM9000 Twin Split ...... CellarCool. specified basic models. WM2500–S ...... CellarCool. While not specifically addressed in pending a determination of the petition for waiver. WM3500–S ...... CellarCool. the request for waiver submitted by WM5000–S ...... CellarCool. For the reasons stated, it is ordered Vinotheque, waivers submitted by other WM9000 Twin-S ...... CellarCool. that: FD3500–S ...... CellarCool. manufacturers have suggested that the (1) Vinotheque must test and rate the FD5000–S ...... CellarCool. 0.55 correction factor also addresses the following single-packaged and matched- FD9000 Twin-S ...... CellarCool. differences in run time and compressor pair WhisperKOOL- and CellarCool- inefficiency of wine cellar refrigeration (2) The alternate test procedure for the branded wine cellar walk-in systems as compared to walk-in cooler Vinotheque basic models identified in refrigeration system basic models with refrigeration systems more generally and paragraph (1) of this Interim Waiver the alternate test procedure set forth in have suggested that the run time for Order is the test procedure for Walk-in paragraph (2). wine cellar walk-in refrigeration Cooler Refrigeration Systems prescribed systems ranges from 50 to 75 percent. Basic model Brand name by DOE at 10 CFR part 431, subpart R, AHRI 1250–2009 accounts for percent appendix C (‘‘Appendix C to Subpart run time in the AWEF calculation by Single-Packaged R’’), except as detailed below. All other setting walk-in box load equal to SC Pro 2000 ...... WhisperKOOL. requirements of Appendix C to Subpart specific fractions of refrigeration system SC Pro 3000 ...... WhisperKOOL. R, and DOE’s regulations remain net capacity—the fractions are defined SC Pro 4000 ...... WhisperKOOL. applicable.

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In Appendix C to Subpart R, revise Measurements used to determine add modifications of AHRI 1250–2009 section 3.1.1 (which specifies temperature or water vapor content of Tables 3 and 4 to read: modifications to AHRI 1250–2009 the air (i.e., wet bulb or dew point) shall ± ° 3.1.4. In Tables 3 and 4 of AHRI (incorporated by reference; see be accurate to within 0.25 F; all other 1250–2009, Section 5, the Condenser § 431.303)) to read: temperature measurements shall be Air Entering Wet-Bulb Temperature 3.1.1. In Table 1, Instrumentation accurate to within ±1.0 °F. requirement applies only to single- Accuracy, refrigerant temperature In Appendix C to Subpart R, revise measurements shall have an accuracy of section 3.1.4 (which specifies packaged dedicated systems. Tables 3 ±0.5 °F for unit cooler in/out. modifications to AHRI 1250–2009) and and 4 shall be modified to read: TABLE 3—FIXED CAPACITY MATCHED REFRIGERATOR SYSTEM AND SINGLE-PACKAGED DEDICATED SYSTEM, CONDENSING UNIT LOCATED INDOOR

Unit cooler Unit cooler Condenser Maximum air entering air entering air entering condenser Compressor Test description dry-bulb, relative dry-bulb, air entering status Test objective °F humidity, °F wet-bulb, % 1 °F

Evaporator Fan Power .. 55 55 ...... Measure fan input wattage.2 Refrigeration Capacity .. 55 55 90 3 65 Compressor On .... Determine Net Refrigeration Capacity of Unit Cooler, input power, and EER at Rating Con- dition. Notes: 1 The test condition tolerance (maximum permissible variation of the average value of the measurement from the specified test condition) for relative humidity is 3%. 2 Measure fan input wattage either by measuring total system power when the compressor and condenser are turned off or by separately submetering the evaporator fan. 3 Maximum allowable value for Single-Packaged Systems that do not use evaporative Dedicated Condensing Units, where all or part of the equipment is located in the outdoor room.

TABLE 4—FIXED CAPACITY MATCHED REFRIGERATOR SYSTEM AND SINGLE-PACKAGED DEDICATED SYSTEM, CONDENSING UNIT LOCATED OUTDOOR

Unit cooler Unit cooler Condenser air Maximum air air entering entering dry- condenser air Compressor Test description entering dry- relative bulb, entering status Test objective bulb, humidity, °F wet-bulb, °F % 1 °F

Evaporator Fan Power .. 55 55 ...... Measure fan input wattage.2 Refrigeration Capacity A 55 55 95 3 68 Compressor On .... Determine Net Refrigeration Capacity of Unit Cooler, input power, and EER at Rating Con- dition. Refrigeration Capacity B 55 55 59 3 46 Compressor On .... Determine Net Refrigeration Capacity of Unit Cooler and system input power at moderate condition. Refrigeration Capacity C 55 55 35 3 29 Compressor On .... Determine Net Refrigeration Capacity of Unit Cooler and system input power at cold condition. Notes: 1 The test condition tolerance (maximum permissible variation of the average value of the measurement from the specified test condition) for relative humidity is 3%. 2 Measure fan input wattage either by measuring total system power when the compressor and condenser are turned off or by separately submetering the evaporator fan. 3 Maximum allowable value for Single-Packaged Dedicated Systems that do not use evaporative Dedicated Condensing Units, where all or part of the equipment is located in the outdoor room.

In Appendix C to Subpart R, system wine cellar walk-in refrigeration measurement shall be made with the fan following section 3.2.5 (instructions system as a matched pair. Any operating at full speed, either measuring regarding modifications to AHRI 1250– condensing unit or unit cooler unit cooler or total system power input 2009), add sections 3.2.6 and 3.2.7 to component must be matched with a upon the completion of the steady state read: corresponding counterpart for testing. test when the compressors and 3.2.6 The purpose in section C1 of Use the test method in AHRI 1250–2009 condenser fan of the walk-in system is appendix C is modified by extending it (incorporated by reference; see turned off, or by submetered to include Single-Packaged Dedicated § 431.303), appendix C as the method of measurement of the evaporator fan Systems. test for matched refrigeration systems, power during the steady state test. 3.2.7 For general test conditions and single-packaged dedicated systems, or Section C3.5 of AHRI 1250–2009 is data recording (appendix C, section C7), unit coolers tested alone, with the revised to read: following modifications: the test acceptance criteria in Table 2 Unit Cooler Fan Power Measurement. and the data to be recorded in Table C2 * * * * * The following shall be measured and apply to the Dual Instrumentation and In Appendix C to Subpart R, revise recorded during a fan power test. Calibrated Box methods of test. sections 3.3.3 through 3.3.3.2 to read: EFcomp,on ..... Total electrical power input to In Appendix C to Subpart R, revise 3.3.3 Evaporator fan power. fan motor(s) of Unit Cooler, section 3.3 to read: 3.3.3.1 The unit cooler fan power W. 3.3. Matched systems, single- consumption shall be measured in FS ...... Fan speed (s), rpm. packaged dedicated systems, and unit accordance with the requirements in N ...... Number of motors. coolers tested alone: Test any split Section C3.5 of AHRI 1250–2009. This Pb ...... Barometric pressure, in. Hg.

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Tdb ...... Dry-bulb temperature of air at Use pressure measurement more than one fan speed setting and the inlet, °F. instrumentation as described in installation instructions do not specify Twb ...... Wet-bulb temperature of air at ASHRAE 37–2009 section 5.3.2. Test at which speed to use, test at the highest ° inlet, F. the fan speed specified in manufacturer speed. Conduct tests with the external V ...... Voltage of each phase, V. installation instructions—if there is static pressure equal to 50 percent of the For a given motor winding more than one fan speed setting and the maximum external static pressure configuration, the total power input installation instructions do not specify allowed by the manufacturer for system shall be measured at the highest which speed to use, test at the highest installation within a tolerance of ¥0.00/ nameplated voltage. For three-phase speed. Conduct tests with the external +0.05 in. wc. If testing with the outdoor power, voltage imbalance shall be no static pressure equal to 50 percent of the enthalpy method, adjust the airflow more than 2%. maximum external static pressure measurement apparatus fan to set the 3.3.3.2 Evaporator fan power for the allowed by the manufacturer for system external static pressure—otherwise, set off-cycle is equal to the on-cycle installation within a tolerance of ¥0.00/ the external static pressure by evaporator fan power with a run time of +0.05 in. wc. If testing with the indoor symmetrically restricting the outlet of ten percent of the off-cycle time. air enthalpy method, adjust the airflow the test duct. In case of conflict, these EFcomp,off = 0.1 × EFcomp,on measurement apparatus fan to set the requirements for setting condenser In Appendix C to Subpart R, external static pressure—otherwise, set airflow take precedence over airflow following section 3.3.7.2, add new the external static pressure by values specified in manufacturer sections 3.3.8, 3.3.9, and 3.3.10 to read: symmetrically restricting the outlet of installation instructions or product 3.3.8. Measure power and capacity the test duct. In case of conflict, these literature. If testing using the outdoor air of single-packaged dedicated systems as requirements for setting evaporator enthalpy method, the requirements of described in sections C4.1.2 and C9 of airflow take precedence over airflow section 8.6 of ASHRAE 37–2009 are not AHRI 1250–2020. The third and fourth values specified in manufacturer applicable. sentences of Section C9.1.1.1 of AHRI installation instructions or product In Appendix C to Subpart R, revise 1250–2020 (‘‘Entering air is to be literature. section 3.3.6 (which specifies sufficiently dry as to not produce frost 3.3.10. For systems with ducted modifications to AHRI 1250–2009) to on the Unit Cooler coil. Therefore, only condenser air, or that can be installed read: sensible capacity measured by dry bulb with or without ducted condenser air: 3.3.6. AWEF is calculated on the basis change shall be used to calculate Connect ductwork on both the inlet and that walk-in box load is equal to half of capacity.’’) shall not apply. outlet connections and determine the system net capacity, without 3.3.9. For systems with ducted external static pressure as described in variation according to high and low load evaporator air, or that can be installed ASHRAE 37–2009, sections 6.4 and 6.5. periods and without variation with with or without ducted evaporator air: Use pressure measurement outdoor air temperature for outdoor Connect ductwork on both the inlet and instrumentation as described in refrigeration systems, and the test must outlet connections and determine ASHRAE 37–2009, section 5.3.2. Test at be done as a matched or single-package external static pressure as described in the fan speed specified in manufacturer refrigeration system, as follows: ASHRAE 37–2009, sections 6.4 and 6.5. installation instructions—if there is For Indoor Condensing Units:

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(3) Representations. Vinotheque may rescind or modify this waiver at any amended petition for waiver and request not make representations about the time if it determines the factual basis for grant of interim waiver, as efficiency of a basic model listed in underlying the petition for the Interim appropriate, for additional basic models paragraph (1) of this Interim Waiver Waiver Order is incorrect, or the results of Walk-in Cooler Refrigeration Systems. Order for compliance, marketing, or from the alternate test procedure are Alternatively, if appropriate, other purposes unless that basic model unrepresentative of a basic model’s true Vinotheque may request that DOE has been tested in accordance with the energy consumption characteristics. 10 extend the scope of a waiver or an provisions set forth above and such CFR 431.401(k)(1). Likewise, interim waiver to include additional representations fairly disclose the Vinotheque may request that DOE basic models employing the same results of such testing. rescind or modify the Interim Waiver technology as the basic model(s) set (4) This interim waiver shall remain Order if Vinotheque discovers an error forth in the original petition consistent in effect according to the provisions of in the information provided to DOE as with 10 CFR 431.401(g). part of its petition, determines that the 10 CFR 431.401. Signing Authority (5) This Interim Waiver Order is interim waiver is no longer needed, or issued on the condition that the for other appropriate reasons. 10 CFR This document of the Department of statements and representations provided 431.401(k)(2). Energy was signed on February 23, by Vinotheque are valid. If Vinotheque (6) Issuance of this Interim Waiver 2021, by Kelly Speakes-Backman, makes any modifications to the controls Order does not release Vinotheque from Principal Deputy Assistant Secretary or configurations of a basic model the certification requirements set forth and Acting Assistant Secretary for subject to this Interim Waiver Order, at 10 CFR part 429. Energy Efficiency and Renewable such modifications will render the DOE makes decisions on waivers and Energy, pursuant to delegated authority waiver invalid with respect to that basic interim waivers for only those basic from the Acting Secretary of Energy. model, and Vinotheque will either be models specifically set out in the That document with the original required to use the current Federal test petition, not future models that may be signature and date is maintained by method or submit a new application for manufactured by the petitioner. DOE. For administrative purposes only, a test procedure waiver. DOE may Vinotheque may submit a new or and in compliance with requirements of

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the Office of the Federal Register, the Self-Contained Cooling Systems for Walk-In potential damage to the compressor, and will undersigned DOE Federal Register Wine Cellars (Refer to Single-Packaged Walk- not result in an accurate representation of the In Cooler Refrigeration Systems in AHRI performance of the cooling unit. Wine cellars Liaison Officer has been authorized to ° sign and submit the document in 1250) generally are kept at 55 F, with 55% relative humidity. electronic format for publication, as an • Self-contained cooling systems are designed to provide cold environment The calculation of the Annual Walk-in official document of the Department of ∼ ° Energy Factor (AWEF) found in AHRI 1250 Energy. This administrative process in between 45 65 F and maintain relative humidity within the range of 50∼70% for accounts for typical usage of WICF products no way alters the legal effect of this properly insulated and sized wine cellars. with high and low load periods. Wine cellars document upon publication in the • These temperature and relative humidity see a constant load, no highs or lows, that Federal Register. ranges are optimized for long term storage of does not resemble the use patterns that are wine like that in natural caves. representative of typical WICF products. Signed in Washington, DC, on February 24, • Therefore, the AWEF calculation described 2021. These cooling systems are all-in-one ready for use and no more refrigerant piping in 10 CFR 431.304 and AHRI 1250 does not Treena V. Garrett, is required in the field. match the applications of wine cellar cooling Federal Register Liaison Officer, U.S. • These cooling systems are factory-built, systems. Department of Energy. critically charged and tested, and only The compressors used in wine cellar require through-the-wall installation on cooling systems are predominately fractional Appendix 1 walk-in wine cellars in the field. horsepower, which are inherently less efficient than larger compressors used in Petition for Waiver and Interim Waiver • These systems are available as indoor or outdoor uses with automatic off-cycle air walk-in cooler refrigeration systems. Vinotheque Wine Cellars DBA defrost. Therefore, we do not believe there is WhisperKOOL Corp. DBA CellarCool is • Wine cellars are usually located in air- technology on the market that will provide requesting for Interim Waiver from a DOE conditioned spaces. the needed energy efficiency in wine cellar test procedure pursuant to provisions cooling systems to meet the minimum AWEF described in 10 CFR 431.401 for the Split Cooling Systems for Walk–In Wine value for commercial walk-in cooler following products on the grounds that Cellars (Refer to Matched-Pair Walk-In Cooler refrigeration systems set forth in 10 CFR ‘‘either the basic model contains one or more Refrigeration Systems in AHRI 1250) 431.306. design characteristics that prevent testing of • Split cooling systems are designed to The prescribed test procedure is the basic model according to the prescribed provide cold environment between 45∼65 °F unrepresentative of the products’ true energy test procedures or the prescribed test and maintain relative humidity range within characteristics. procedures evaluate the basic model in a 50∼70% for properly insulated wine cellars. One or more design characteristics that manner so unrepresentative of its true energy • These temperature and relative humidity prevent testing of the basic model according consumption characteristics as to provide ranges are optimized for long term storage of to the prescribed test procedures or cause the materially inaccurate comparative data.’’ wine like that in natural caves. prescribed test procedures to evaluate the • These cooling systems consist of a basic model in a manner so unrepresentative [Product images provided with petition may remote condensing unit and an evaporator of its true energy or water consumption be found at Docket No. EERE–2019–BT– unit, which are connected by a liquid line characteristics as to provide materially WAV–0038–0006 and at http:// and an insulated suction line. inaccurate comparative data. www.regulations.gov] • These systems must be charged properly Basic Models on which the Interim Waiver The Design Characteristics Constituting the with refrigerant in the field. is being requested: All models listed cannot Grounds for the Interim Waiver Application • These systems are available as indoor or operate at box temperature below 45 0F. Due outdoor uses with automatic off-cycle air to controller set point limitations, the AHRI 1250–2009 is silent on the definition defrost. operating range is set from 70 0F to 50 0F. of single packaged and matched pair • Wine cellars are usually located in air- refrigeration systems, however, as seen in conditioned spaces. Basic model Brand name Section 3.12 of the public comment version • As opposed to utilize large compressors, of soon to be published revision of AHRI large surface area coils, multiple fans, and Single-Packaged 1250, these types of products are defined as large volumes of refrigerant, these systems follows: SC Pro 2000 ...... WhisperKOOL. employ fractional compressors and automatic SC Pro 3000 ...... WhisperKOOL. 3.12 Refrigeration System. The expansion valves to maintain 50∼70% SC Pro 4000 ...... WhisperKOOL. mechanism (including all controls and other relative humidity. SC Pro 8000 ...... WhisperKOOL. components integral to the system’s DOE uniform test method for the Extreme 3500 ti ...... WhisperKOOL. operation) used to create the refrigerated measurement of energy consumption of walk- Extreme 5000 ti ...... WhisperKOOL. environment in the interior of a walk-in in coolers and walk-in freezers (WICF) Extreme 8000 ti ...... WhisperKOOL. Extreme 3500 tiR ...... WhisperKOOL. cooler or walk-in freezer, consisting of: described in 10 CFR 431.304 adopts the test A Dedicated Condensing Unit; or A Unit Extreme 5000 tiR ...... WhisperKOOL. standard set forth in AHRI 1250–2009. Both Extreme 8000 tiR ...... WhisperKOOL. Cooler. 10 CFR part 431 and AHRI 1250 define WICF Extreme 3500 tiR Fully Ducted WhisperKOOL. 3.12.1 Matched Refrigeration System products as ‘‘. . . an enclosed storage space Extreme 5000 tiR Fully Ducted WhisperKOOL. (Matched-pair). A combination of a refrigerated to temperatures, respectively, Extreme 8000 tiR Fully Ducted WhisperKOOL. Dedicated Condensing Unit and one or more above, and at or below 32 degrees Fahrenheit Phantom 3500 ...... WhisperKOOL. Unit Coolers specified by the Dedicated that can be walked into, and has a total Phantom 5000 ...... WhisperKOOL. Condensing Unit manufacturer which are all chilled storage area of less than 3,000 square Phantom 8000 ...... WhisperKOOL. distributed in commerce together. Single- Slimline LS ...... WhisperKOOL. feet . . .’’ Walk-in wine cellar cooling Optimum 2200 ...... CellarCool. Packaged Dedicated Systems are a subset of systems meet this definition. Therefore, Optimum 3300 ...... CellarCool. Matched Refrigeration Systems. WICF products are subject to the test method Optimum 4400 ...... CellarCool. 3.12.2 Single-packaged Refrigeration and minimum energy requirements as Optimum 8800 ...... CellarCool. System (Single-packaged). A Matched described in 10 CFR 431.401. CX2200 ...... CellarCool. Refrigeration System that is a Single- AHRI 1250 specifies that for walk-in CX3300 ...... CellarCool. packaged assembly that includes one or more coolers, the refrigeration system is to be rated CX4400 ...... CellarCool. compressors, a condenser, a means for forced at a cooler air-return temperature of 35 °F CX8800 ...... CellarCool. SL2500 16 ...... CellarCool. circulation of refrigerated air, and elements (box setpoint) than is typically seen in a wine Ultimate 3300 ...... CellarCool. by which heat is transferred from air to cellar application. Operating a wine cellar at Ultimate 4400 ...... CellarCool. refrigerant, without any element external to this condition would adversely mechanically Ultimate 8800 ...... CellarCool. the system imposing resistance to flow of the alter the intended performance of the system Ultimate 3300–R ...... CellarCool. refrigerated air. including icing of the evaporator coil, Ultimate 4400–R ...... CellarCool.

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Basic model Brand name MAXIMUM EXTERNAL STATIC PRES- calculations for wine cellar products to allow SURE (ESP) FOR EACH BASIC the unit to pass minimum efficiency as Ultimate 8800–R ...... CellarCool. delineated by 10 CFR 431 Subpart R. There Ultimate FD 3300 ...... CellarCool. MODEL—Continued is precedent for wine cooling products Ultimate FD 4400 ...... CellarCool. receiving a correction factor of 0.55 from ESP Ultimate FD 8800 ...... CellarCool. Basic model Brand name Appendix A to Subpart B of 10 CFR 430 and Ultimate PLUS Fully Ducted CellarCool. (in H2O) 3300. DOE Direct Final Rule EERE–2011–BT–STD– Ultimate PLUS Fully Ducted CellarCool. Ultimate 3300 ...... CellarCool ...... 0043–0122. 4400. Ultimate 4400 ...... CellarCool ...... List of manufacturers of all other basic Ultimate PLUS Fully Ducted CellarCool. Ultimate 8800 ...... CellarCool ...... models marketing in the United States and 8800. Ultimate 3300–R ...... CellarCool ...... known to the petitioner to incorporate similar Ultimate 4400–R ...... CellarCool ...... design characteristics— Matched-Pair Ultimate 8800–R ...... CellarCool ...... Ultimate FD 3300 ..... CellarCool ...... 11. Vinotheque Platinum Mini ...... WhisperKOOL. Ultimate FD 4400 ..... CellarCool ...... 21. Bacchus Platinum 4000 ...... WhisperKOOL. Ultimate FD 8800 ..... CellarCool ...... 31. BreezAire Platinum 8000 ...... WhisperKOOL. Ultimate PLUS Fully CellarCool ...... 41. CellarPro Platinum Twin ...... WhisperKOOL. Ducted 3300. 51. Vinotemp Platinum 4000 Fully Ducted ..... WhisperKOOL. Ultimate PLUS Fully CellarCool ...... 61. WhisperKool Platinum 8000 Fully Ducted ..... WhisperKOOL. Ducted 4400. 71. Emerson-Copeland (Stand alone Platinum Twin Fully Ducted ..... WhisperKOOL. Ultimate PLUS Fully CellarCool ...... Platinum 4000 Ducted ...... WhisperKOOL. Ducted 8800. condensing units for split systems) Platinum 8000 Ducted ...... WhisperKOOL. Matched-Pair 17 81. Danfoss (Stand alone condensing units Platinum Twin Ducted ...... WhisperKOOL. for split systems) Ceiling Mount Mini ...... WhisperKOOL. Platinum Mini ...... WhisperKOOL ...... 91. Tecumseh (Stand alone condensing units Ceiling Mount 4000 ...... WhisperKOOL. Platinum 4000 ...... WhisperKOOL ...... for split systems) Ceiling Mount 8000 ...... WhisperKOOL. Platinum 8000 ...... WhisperKOOL ...... Ceiling Mount Twin ...... WhisperKOOL. Platinum Twin ...... WhisperKOOL ...... Proposed Alternate Test Procedure Quantum 9000 ...... WhisperKOOL. Platinum 4000 Fully WhisperKOOL ...... AHRI 1250 test procedure will be followed, Quantum 12000 ...... WhisperKOOL. Ducted. but with the following modifications: Magnum 9000 ...... CellarCool. Platinum 8000 Fully WhisperKOOL ...... Magnum 12000 ...... CellarCool. 1. Temperature of the air returning to the Ducted. ° CM2500–S ...... CellarCool. Platinum Twin Fully WhisperKOOL ...... walk-in cooling unit shall be 55 F. CM3500–S ...... CellarCool. Ducted. 2. Relative humidity of the air returning to CM5000–S ...... CellarCool. Platinum 8000 WhisperKOOL ...... the walk-in cooling unit shall be 55%RH. CM9000 Twin Split ...... CellarCool. Ducted. 3. The AWEF calculations shall include a WM2500–S ...... CellarCool. Platinum Twin WhisperKOOL ...... correction factor of 0.55 to inflate the final WM3500–S ...... CellarCool. Ducted. WM5000–S ...... CellarCool. AWEF value for wine-related products to Ceiling Mount Mini ... WhisperKOOL ...... meet minimum efficiency standards. WM9000 Twin-S ...... CellarCool. Ceiling Mount 4000 .. WhisperKOOL ...... FD3500–S ...... CellarCool. Ceiling Mount 8000 .. WhisperKOOL ...... Technical Justifications for the Alternate FD5000–S ...... CellarCool. Ceiling Mount Twin .. WhisperKOOL ...... Test Procedure FD9000 Twin-S ...... CellarCool. Quantum 9000 ...... WhisperKOOL ...... Quantum 12000 ...... WhisperKOOL ...... 1. The request to change box setpoint from Magnum 9000 ...... CellarCool ...... 35 °F to 55 °F is since this is the optimal MAXIMUM EXTERNAL STATIC PRES- Magnum 12000 ...... CellarCool ...... temperature for wine to be aged. SURE (ESP) FOR EACH BASIC CM2500–S ...... CellarCool ...... WhisperKOOL designs cooling units to meet CM3500–S ...... CellarCool ...... MODEL this condition and operating at a lower box CM5000–S ...... CellarCool ...... setpoint would result in adverse conditions CM9000 Twin Split-S CellarCool ...... in the unit. For example, at such a low return Basic model Brand name ESP WM2500–S ...... CellarCool ...... (in H2O) WM3500–S ...... CellarCool ...... temperature, WhisperKOOL evaporator coils WM5000–S ...... CellarCool ...... will ice over. This would then require Single-Packaged WM9000 Twin-S ...... CellarCool ...... additional energy to be expended to operate FD3500–S ...... CellarCool ...... SC Pro 2000 ...... WhisperKOOL ...... a defrost system or would result in adverse SC Pro 3000 ...... WhisperKOOL ...... FD5000–S ...... CellarCool ...... air flow through the coil during performance SC Pro 4000 ...... WhisperKOOL ...... FD9000 Twin-S ...... CellarCool ...... testing—leading to lower overall SC Pro 8000 ...... WhisperKOOL ...... performance. Extreme 3500 ti ...... WhisperKOOL ...... Specific Requirements Sought To Be Waived 2. The same as above can be said with Extreme 5000 ti ...... WhisperKOOL ...... regards to the request to change the box Extreme 8000 ti ...... WhisperKOOL ...... Petitioning for a waiver to exempt wine Extreme 3500 tiR ..... WhisperKOOL ...... cellar walk-in cooler systems from being humidity setpoint to 55%RH. This condition Extreme 5000 tiR ..... WhisperKOOL ...... tested to the current test procedures, is ideal for helping wine to age as it Extreme 8000 tiR ..... WhisperKOOL ...... specifically the requirement for the maintains cork moisture and prevents Extreme 3500 tiR WhisperKOOL ...... refrigeration system to be rated at an air- damage to labels on the bottles, leading to Fully Ducted. return temperature of 35 °F. damaged investments. Since WhisperKOOL Extreme 5000 tiR WhisperKOOL ...... The petition also includes a correction cooling units are designed to age fine wines Fully Ducted. factor of 0.55 to be applied to final AWEF as ideally as possible, the unit will perform Extreme 8000 tiR WhisperKOOL ...... best during a performance test at the Fully Ducted. Phantom 3500 ...... WhisperKOOL ...... 16 As indicated in Vinotheque’s email (EERE– conditions which the unit attempts to Phantom 5000 ...... WhisperKOOL ...... 2019–BT–WAV–0038–0009), in the Single- maintain for the end-user. Phantom 8000 ...... WhisperKOOL ...... Packaged table in the ‘‘Maximum External Static 3. Furthermore, WhisperKOOL is Slimline LS ...... WhisperKOOL ...... Pressure (ESP) for Each Basic Model’’ section of the requesting a 0.55 correction factor to be Optimum Series CellarCool ...... petition, the ‘‘SL’’ basic model is the same as the applied to all cooling units in order to meet 2200. ‘‘SL2500 basic model listed here. minimum energy efficiency requirements. In Optimum 3300 ...... CellarCool ...... 17 As indicated in Vinotheque’s email (EERE– addition to there being precedent for a Optimum 4400 ...... CellarCool ...... 2019–BT–WAV–0038–0009), the ‘‘Platinum 4000 Optimum 8800 ...... CellarCool ...... correction factor like this, WhisperKOOL is Ducted’’ basic model is not included in the unable to achieve the required energy CX2200 ...... CellarCool ...... Matched-Pair table in the ‘‘Maximum External CX3300 ...... CellarCool ...... Static Pressure (ESP) for Each Basic Model’’ section efficiency for a few reasons, most being CX4400 ...... CellarCool ...... of the petition, but it is a ducted unit that has an related to the availability of technology and CX8800 ...... CellarCool ...... external static pressure identified by Vinotheque in nuances specific to the wine cellar cooling SL ...... CellarCool ...... the email, and redacted accordingly. industry.

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a. First and foremost, due to the size of a DEPARTMENT OF ENERGY EE–5B, Petition for Waiver Case No. refrigeration system designed for a wine 2019–009, 1000 Independence Avenue cellar, WhisperKOOL uses fractional- [Case Number 2019–009; EERE–2019–BT– SW, Washington, DC 20585–0121. If WAV–0028] horsepower reciprocating compressors, possible, please submit all items on a which are fundamentally more limited in Energy Conservation Program: compact disc (‘‘CD’’), in which case it is space and design, and are inherently less not necessary to include printed copies. Notification of Petition for Waiver of • efficient than larger compressors. For CellarPro From the Department of Hand Delivery/Courier: Appliance example, WhisperKOOL’s most-sold cooling Energy Walk-In Coolers and Walk-in and Equipment Standards Program, U.S. unit uses an Embraco-brand compressor Freezers Test Procedure and Department of Energy, Building which, at wine cellar conditions has an EER Notification of Grant of Interim Waiver Technologies Office, 950 L’Enfant Plaza of about 9.85 BTU/Wh. At the same SW, 6th floor, Washington, DC 20024. conditions, by comparison, a more-modern AGENCY: Office of Energy Efficiency and Telephone: (202) 287–1445. If possible, scroll compressor rated at 1.8 HP has an EER Renewable Energy, Department of please submit all items on a ‘‘CD’’, in closer to 11 BTU/Wh. This is the case across Energy. which case it is not necessary to include the board with WhisperKOOL fractional- ACTION: Notification of petition for printed copies. horsepower compressors (Embraco brand). waiver and grant of an interim waiver; No telefacsimilies (‘‘faxes’’) will be b. Additionally, some installs are difficult request for comments. accepted. For detailed instructions on and require the use of a duct-able unit. This submitting comments and additional leads to the need for higher-wattage fans SUMMARY: This document announces information on this process, see the being used in WhisperKOOL products, receipt of and publishes a petition for SUPPLEMENTARY INFORMATION section of further to the detriment of the overall energy waiver and interim waiver from this document. efficiency. CellarPro, which seeks a waiver for Docket: The docket, which includes c. Some of the most efficient modern specified walk-in cooler refrigeration Federal Register notices, comments, compressors which operate in the fractional- system basic models from the U.S. and other supporting documents/ horsepower range use R290 as the refrigerant Department of Energy (‘‘DOE’’) test materials, is available for review at (Propane). However, an R290 charging station procedure used to determine the http://www.regulations.gov. All retrofit would be excessively invasive to efficiency and energy consumption of documents in the docket are listed in WhisperKOOL’s facility as well as too costly walk-in coolers and walk-in freezers. the http://www.regulations.gov index. to redesign all products in such a manner. DOE also gives notice of an Interim However, some documents listed in the Success of the Application for Interim Waiver Order that requires CellarPro to index, such as those containing Waiver Will test and rate the specified walk-in cooler information that is exempt from public disclosure, may not be publicly Success of the application for Interim refrigeration system basic models in accordance with the alternate test available. Waiver will ensure that manufacturers of The docket web page can be found at walk-in wine cellar cooling systems can procedure set forth in the Interim https://www.regulations.gov/ continue to participate in the market. Waiver Order, which modifies the alternate test procedure suggested by docket?D=EERE-2019-BT-WAV-0028. What Economic Hardship and/or CellarPro. DOE solicits comments, data, The docket web page contains Competitive Disadvantage is Likely To and information concerning CellarPro’s instruction on how to access all Result Absent a Favorable Determination on petition, its suggested alternate test documents, including public comments, the Application for Interim Waiver procedure, and the alternate test in the docket. See the SUPPLEMENTARY Economic hardship will be loss of sales procedure specified in the Interim INFORMATION section for information on due to not meeting the DOE energy Waiver Order so as to inform DOE’s how to submit comments through conservation standards set forth in 10 CFR final decision on CellarPro’s waiver http://www.regulations.gov. 431.306 if the existing products were altered request. FOR FURTHER INFORMATION CONTACT: Ms. in order to test per current requirements set Lucy deButts, U.S. Department of DATES: The Interim Waiver Order is forth in 10 CFR 431.304 and AHRI 1250, it Energy, Office of Energy Efficiency and effective on March 1, 2021. Written would add significant cost and increase Renewable Energy, Building comments and information will be energy consumption. Technologies Office, Mailstop EE–5B, accepted on or before March 31, 2021. Conclusion 1000 Independence Avenue SW, ADDRESSES: Interested persons are Washington, DC 20585–0121. Email: WhisperKOOL seeks an Interim Waiver encouraged to submit comments using [email protected]. from DOE’s current test method for the the Federal eRulemaking Portal at Mr. Michael Kido, U.S. Department of measurement of energy consumption of walk- http://www.regulations.gov. Energy, Office of the General Counsel, in wine cellar Self-contained and Split Alternatively, interested persons may Mail Stop GC–33, Forrestal Building, cooling systems. submit comments, identified by case 1000 Independence Avenue SW, Signed By:/s/ MChristian Bromme number ‘‘2019–009’’, and Docket Washington, DC 20585–0103. Date: 12/1/2020 number ‘‘EERE–2019–BT–WAV–0028,’’ Telephone: (202) 586–8145. Email: Title: Engineering Manager by any of the following methods: [email protected]@hq.doe.gov. • Federal eRulemaking Portal: http:// [FR Doc. 2021–04112 Filed 2–26–21; 8:45 am] SUPPLEMENTARY INFORMATION: DOE is www.regulations.gov. Follow the publishing CellarPro’s petition for BILLING CODE 6450–01–P instructions for submitting comments. • waiver in its entirety in appendix 1 to Email: CellarPro2019WAV0028@ this document, pursuant to 10 CFR ee.doe.gov. Include Case No. 2019–009 431.401(b)(1)(iv).1 DOE invites all in the subject line of the message. interested parties to submit in writing • Postal Mail: Appliance and by March 31, 2021, comments and Equipment Standards Program, U.S. Department of Energy, Office of Energy 1 The petition did not identify any of the Efficiency and Renewable Energy, information contained therein as confidential Building Technologies Office, Mail Stop business information.

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information on all aspects of the have successfully uploaded your provided in the comments (except petition, including the alternate test comment. information deemed to be exempt from procedure. Pursuant to 10 CFR Submitting comments via email, hand public disclosure). 431.401(d), any person submitting delivery/courier, or postal mail. Case Number 2019–009 written comments to DOE must also Comments and documents submitted send a copy of such comments to the via email, hand delivery/courier, or Interim Waiver Order petitioner. The contact information for postal mail also will be posted to http:// I. Background and Authority the petitioner is: Keith Sedwick, keith@ www.regulations.gov. If you do not want cellarprocoolingsystems.com, 1445 N your personal contact information to be The Energy Policy and Conservation 2 McDowell Blvd., Petaluma, CA 94954. publicly viewable, do not include it in Act, as amended (‘‘EPCA’’), authorizes Submitting comments via http:// your comment or any accompanying the U.S. Department of Energy (‘‘DOE’’) www.regulations.gov. The http:// documents. Instead, provide your to regulate the energy efficiency of a www.regulations.gov web page will contact information on a cover letter. number of consumer products and require you to provide your name and Include your first and last names, email certain industrial equipment. (42 U.S.C. 3 contact information. Your contact address, telephone number, and 6291–6317) Title III, Part C of EPCA, information will be viewable to DOE optional mailing address. The cover added by the National Energy Building Technologies staff only. Your letter will not be publicly viewable as Conservation Policy Act, Public Law contact information will not be publicly long as it does not include any 95–619, sec. 441 (Nov. 9, 1978), viewable except for your first and last comments. established the Energy Conservation names, organization name (if any), and Include contact information each time Program for Certain Industrial submitter representative name (if any). you submit comments, data, documents, Equipment, which sets forth a variety of If your comment is not processed and other information to DOE. If you provisions designed to improve the properly because of technical submit via postal mail or hand delivery/ energy efficiency for certain types of difficulties, DOE will use this courier, please provide all items on a industrial equipment. Through information to contact you. If DOE CD, if feasible, in which case it is not amendments brought about by the cannot read your comment due to necessary to submit printed copies. Energy Independence and Security Act technical difficulties and cannot contact Faxes will not be accepted. of 2007, Public Law 110–140, sec. 312 you for clarification, DOE may not be Comments, data, and other (Dec. 19, 2007), this equipment includes able to consider your comment. information submitted to DOE walk-in coolers and walk-in freezers, the However, your contact information electronically should be provided in subject of this Interim Waiver Order. (42 will be publicly viewable if you include PDF (preferred), Microsoft Word or U.S.C. 6311(1)(G)) it in the comment or in any documents Excel, WordPerfect, or text (ASCII) file The energy conservation program attached to your comment. Any format. Provide documents that are not under EPCA consists essentially of four information that you do not want to be secured, written in English and free of parts: (1) Testing, (2) labeling, (3) publicly viewable should not be any defects or viruses. Documents Federal energy conservation standards, included in your comment, nor in any should not contain special characters or and (4) certification and enforcement document attached to your comment. If any form of encryption and, if possible, procedures. Relevant provisions of this instruction is followed, persons they should carry the electronic EPCA include definitions (42 U.S.C. viewing comments will see only first signature of the author. 6311), test procedures (42 U.S.C. 6314), and last names, organization names, Campaign form letters. Please submit labeling provisions (42 U.S.C. 6315), correspondence containing comments, campaign form letters by the originating energy conservation standards (42 and any documents submitted with the organization in batches of between 50 to U.S.C. 6313), and the authority to comments. 500 form letters per PDF or as one form require information and reports from Do not submit to http:// letter with a list of supporters’ names manufacturers (42 U.S.C. 6316). www.regulations.gov information for compiled into one or more PDFs. This The Federal testing requirements which disclosure is restricted by statute, reduces comment processing and consist of test procedures that such as trade secrets and commercial or posting time. manufacturers of covered equipment financial information (hereinafter Confidential Business Information. must use as the basis for: (1) Certifying referred to as Confidential Business According to 10 CFR 1004.11, any to DOE that their equipment complies Information (‘‘CBI’’)). Comments person submitting information that he with the applicable energy conservation submitted through http:// or she believes to be confidential and standards adopted pursuant to EPCA (42 www.regulations.gov cannot be claimed exempt by law from public disclosure U.S.C. 6316(a); 42 U.S.C. 6295(s)), and as CBI. Comments received through the should submit via email, postal mail, or (2) making representations about the website will waive any CBI claims for hand delivery/courier two well-marked efficiency of that equipment (42 U.S.C. the information submitted. For copies: One copy of the document 6314(d)). Similarly, DOE must use these information on submitting CBI, see the marked ‘‘confidential’’ including all the test procedures to determine whether Confidential Business Information information believed to be confidential, the equipment complies with relevant section. and one copy of the document marked standards promulgated under EPCA. (42 DOE processes submissions made ‘‘non-confidential’’ with the information U.S.C. 6316(a); 42 U.S.C. 6295(s)) through http://www.regulations.gov believed to be confidential deleted. Under 42 U.S.C. 6314, EPCA sets forth before posting. Normally, comments Submit these documents via email or on the criteria and procedures DOE is will be posted within a few days of a CD, if feasible. DOE will make its own required to follow when prescribing or being submitted. However, if large determination about the confidential amending test procedures for covered volumes of comments are being status of the information and treat it equipment. EPCA requires that any test processed simultaneously, your according to its determination. comment may not be viewable for up to It is DOE’s policy that all comments 2 All references to EPCA in this document refer to the statute as amended through the Energy Act several weeks. Please keep the comment may be included in the public docket, of 2020, Public Law 116–260 (Dec. 27, 2020). tracking number that http:// without change and as received, 3 For editorial reasons, upon codification in the www.regulations.gov provides after you including any personal information U.S. Code, Part C was redesignated as Part A–1.

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procedures prescribed or amended issuance of an interim waiver, DOE will walk-in box temperature setpoint, walk- under this section must be reasonably either: (i) Publish in the Federal in box relative humidity, low/high load designed to produce test results which Register a determination on the petition split,5 and compressor efficiency from reflect the energy efficiency, energy use for waiver; or (ii) publish in the Federal other walk-in cooler refrigeration or estimated annual operating cost of Register a new or amended test systems. covered products and equipment during procedure that addresses the issues CellarPro states that the specified a representative average use cycle and presented in the waiver. See 10 CFR basic models are designed to provide a requires that test procedures not be 431.401(h)(1). cold environment at a temperature range unduly burdensome to conduct. (42 When DOE amends the test procedure between 45–65 °F with 50–70 percent U.S.C. 6314(a)(2)) The test procedure to address the issues presented in a relative humidity (‘‘RH’’), and typically used to determine the net capacity and waiver, the waiver will automatically are kept at 55 °F rather than the 35 °F annual walk-in energy factor (‘‘AWEF’’) terminate on the date on which use of and <50 percent RH test condition of walk-in cooler and walk-in freezer that test procedure is required to prescribed by the DOE test procedure. refrigeration systems is contained in the demonstrate compliance. See 10 CFR CellarPro states that the refrigeration Code of Federal Regulations (‘‘CFR’’) at 431.401(h)(2). systems are designed solely for the 10 CFR part 431, subpart R, appendix C, II. CellarPro’s Petition for Waiver and purpose of long-term cooling and Uniform Test Method for the Application for Interim Waiver storage of wine. CellarPro also asserts Measurement of Net Capacity and that operating a wine cellar at the 35 °F AWEF of Walk-in Cooler and Walk-in DOE received a petition from condition would adversely Freezer Refrigeration Systems CellarPro dated September 13, 2019 mechanically alter the intended (‘‘Appendix C’’). seeking an interim waiver from the test performance of the system, which Under 10 CFR 431.401, any interested procedure for walk-in cooler and walk- would include icing of the evaporator person may submit a petition for waiver in freezer refrigeration systems set forth coil that could potentially damage the 4 from DOE’s test procedure at Appendix C (CellarPro, No. 1 at p. 1). compressor, and would not result in an requirements. DOE will grant a waiver The waiver process under 10 CFR accurate representation of the from the test procedure requirements if 431.401 requires that a petitioner must performance of the cooling unit. DOE determines either that the basic request a waiver for there to be Additionally, a number of the basic model for which the waiver was consideration of a petition for an models of walk-in refrigeration systems requested contains a design interim waiver. CellarPro later identified in CellarPro’s waiver petition characteristic that prevents testing of the confirmed in a May 22, 2020 email that are ‘‘self-contained’’ or single-package basic model according to the prescribed its petition should also be considered as systems. In its request for waiver, test procedures, or that the prescribed a petition for waiver (CellarPro, No. 4). CellarPro states that these systems have The primary assertion in the petition, test procedures evaluate the basic model a small footprint and that testing these absent an interim waiver, is that the in a manner so unrepresentative of its systems using the refrigerant enthalpy prescribed test procedure would true energy consumption characteristics method in AHRI 1250–2009 is complex evaluate the specified basic models in a as to provide materially inaccurate since mass flow meters would need to manner so unrepresentative of their true comparative data. See 10 CFR be installed in parts of the system with energy consumption as to provide 431.401(f)(2). A petitioner must include minimal space. DOE recognizes that materially inaccurate comparative data. in its petition any alternate test because of their single-package design, procedures known to the petitioner to As presented in CellarPro’s petition, the specified basic models of walk-in cooler these basic models have insufficient evaluate the performance of the space within the units and insufficient equipment type in a manner refrigeration systems operate at a temperature range of 45–65 °F; higher lengths of liquid line and evaporator representative of its energy outlet line for the dual mass flow meters consumption characteristics of the basic than that of a typical walk-in cooler refrigeration system. Thus, the 35 °F and the dual temperature and pressure model. See 10 CFR 431.401(b)(1)(iii). measurements required by the test DOE may grant the waiver subject to temperature specified in the DOE test procedure for medium-temperature procedure’s refrigerant enthalpy conditions, including adherence to method. As noted by CellarPro, AHRI alternate test procedures. See 10 CFR walk-in refrigeration systems would result in the prescribed test procedures 1250–2009 does not include specific 431.401(f)(2). provisions for testing single-package As soon as practicable after the evaluating the specified basic models in systems and testing these basic models granting of any waiver, DOE will a manner so unrepresentative of their using the refrigerant enthalpy method as publish in the Federal Register a notice true energy consumption characteristics required by Appendix C would require of proposed rulemaking to amend its as to provide materially inaccurate extensive additional piping to route the regulations so as to eliminate any need comparative data. CellarPro also states pipes out of the system where the for the continuation of such waiver. See that the specified basic models are components can be installed, and then 10 CFR 431.401(1). As soon thereafter as ‘‘wine cellar cooling systems’’ that to route them back in to enable the practicable, DOE will publish in the operate at temperature and relative Federal Register a final rule to that humidity ranges optimized for the long- 5 The DOE test procedure incorporates by effect. Id. term storage of wine and are usually reference Air-Conditioning, Heating, and The waiver process also provides that located in air-conditioned spaces. Refrigeration Institute (‘‘AHRI’’) Test Standard DOE may grant an interim waiver if it CellarPro contends that because of these 1250–2009, ‘‘Standard for Performance Rating of appears likely that the underlying characteristics, wine cellar walk-in Walk-in Coolers and Freezers’’ (including Errata sheet dated December 2015) (‘‘AHRI 1250–2009’’). petition for waiver will be granted and/ refrigeration systems differ in their Section 6 of that standard defines walk-in box or if DOE determines that it would be thermal loads as a function of refrigeration system desirable for public policy reasons to 4 A notation in the form ‘‘CellarPro, No. 1’’ net capacity for both high-load and low-load grant immediate relief pending a identifies a written submission: (1) Made by periods. The waiver petition asserts that wine CellarPro; and (2) recorded in document number 1 cellars do not have distinct high and low load determination on the underlying that is filed in the docket of this petition for waiver periods, and that the box load levels in the test petition for waiver. See 10 CFR (Docket No. EERE–2019–BT–WAV–0028) and standard are not representative for wine cellar 431.401(e)(2). Within one year of available at http://www.regulations.gov. refrigeration systems.

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system to operate during testing.6 This basic model (AHRI August 2020 Letter) combination cooler refrigeration additional piping would impact unit is also included. products under DOE’s test procedure for performance, likely be inconsistent Accordingly, CellarPro submitted an miscellaneous refrigeration products at between test labs, and result in updated petition for waiver and interim 10 CFR part 430, subpart B, appendix A. unrepresentative test values for the unit waiver on October 2, 2020 (CellarPro, IV. Interim Waiver Order under test. AHRI has published a No. 6). The updated petition states that revised version of the test standard that all basic models listed in the petition for DOE has reviewed CellarPro’s provides provisions for single-package waiver and interim waiver have a application, its suggested testing systems without requiring extensive minimum operating temperature of approach, representations of the additional piping (AHRI 1250–2020, 45 °F and provides maximum ESP specified basic models on the website 2020 Standard for Performance Rating values for specified ducted self- for the CellarPro brand, related product of Walk-in Coolers and Freezers). As contained and ducted split system basic catalogs, and information provided by discussed below, the interim waiver models. CellarPro and other wine cellar walk-in alternative test procedure presented for CellarPro requests an interim waiver refrigeration system manufacturers in comment in this notification adopts the from the existing DOE test procedure. meetings with DOE. Based on this new test methods included in AHRI DOE will grant an interim waiver if it review, DOE is granting an interim 1250–2020 for single-package units. appears likely that the petition for waiver that requires testing with a DOE has received multiple waiver waiver will be granted, and/or if DOE modified version of the testing approach and interim waiver requests from wine determines that it would be desirable for suggested by CellarPro. cellar manufacturers regarding the public policy reasons to grant The modified testing approach would limitations of Appendix C. In light of immediate relief pending a apply to the models specified in these requests, DOE met with the AHRI determination of the petition for waiver. CellarPro’s waiver petition that include and wine cellar walk-in refrigeration See 10 CFR 431.401(e)(2). two categories of WICF refrigeration systems, i.e., single package and split system manufacturers to develop a III. Requested Alternate Test Procedure consistent and representative alternate (matched) systems. The first 17 basic test procedure that would be relevant to EPCA requires that manufacturers use models listed in CellarPro’s table each waiver request. Ultimately, AHRI the applicable DOE test procedures (1800QTL through 8200VS) are single- sent a letter to DOE on August 18, 2020, when making representations about the package systems. All of the single summarizing the industry’s position on energy consumption and energy package basic models can be installed several issues (‘‘AHRI August 2020 consumption costs of covered either through the wall of a wine cellar Letter’’).7 This letter documents equipment. (42 U.S.C. 6314(d)). or on top of a wine cellar, and the VS industry support for specific wine cellar Consistency is important when making series basic models can additionally be walk-in refrigeration system test representations about the energy ducted to the wine cellar. The ducted procedure requirements, allowing the efficiency of products and equipment, configuration is designed to be installed provisions to apply only to refrigeration including when demonstrating remotely from the wine cellar and systems with a minimum operating compliance with applicable DOE energy provide cooling by circulating air temperature of 45 °F, since wine cellar conservation standards. Pursuant to its through ducts from the wine cellar to system controls and unit design regulations at 10 CFR 431.401, and after the unit and back. The remaining basic specifications prevent these walk-ins consideration of public comments on models (3000S through AH24Sx) are from reaching a temperature below the petition, DOE may establish in a split (matched) systems, in which 45 °F. A provision for testing walk-in subsequent Decision and Order an refrigerant circulates between the wine cellar refrigeration systems at an alternate test procedure for the basic ‘‘evaporator unit’’ (unit cooler) portion external static pressure (‘‘ESP’’) 8 of 50 models addressed by the Interim Waiver of the unit and the ‘‘condensing unit.’’ percent of the maximum ESP to be Order. The refrigerant cools the wine cellar air specified by manufacturers for each CellarPro seeks to use an approach in the evaporator unit, while the that would test and rate specific wine condensing unit rejects heat from the cellar walk-in refrigeration system basic 6 In a waiver granted to Store It Cold for certain refrigeration system in a remote models of single-package units, DOE acknowledged models. The company’s suggested location, often outside. The evaporator a similar issue in which the additional piping approach specifies using an air-return coil of the ducted split (matched) necessary to install the required testing components temperature of 55 °F, as opposed to the system circulates air through ducts from would affect performance of the units, rendering the 35 °F requirement prescribed in the results unrepresentative. See 84 FR 39286 (Aug. 9, the wine cellar to the evaporator coil 2019). In the case of the waiver granted to Store It current DOE test procedure. CellarPro and back to provide cooling, while the Cold, the refrigerant enthalpy method yielded does not specify air return relative evaporator coil of the ductless split inaccurate data for the specified basic models humidity in their petition, though they (matched) systems is installed either compared to the basic models’ true performance do state that the subject basic models characteristics because of the additional piping partially or entirely in the wine cellar, required to attach the testing components required are designed to maintain relative allowing direct cooling. The capacity by the refrigerant enthalpy test. The same issues are humidity between 50 and 70 percent. range of the specified basic models is present for the specified single package system Additionally, CellarPro requests that a from 1,065 Btu/h to 17,500 Btu/h for the basic models included in CellarPro’s waiver correction factor of 0.55 be applied to petition. specified operating conditions for each 10 7 DOE’s meetings with CellarPro and other wine the final AWEF calculation to account of the models (CellarPro, No.8). cellar refrigeration systems were conducted for the different use and load patterns of consistent with the Department’s ex parte meeting the specified basic models as compared capable of maintaining compartment temperatures guidance (74 FR 52795; October 14, 2009). The to walk-in cooler refrigeration systems either: (1) No lower than 39 °F (3.9 °C); or (2) In a AHRI August 2020 letter memorializes this range that extends no lower than 37 °F (2.8 °C) but communication and is provided in Docket No. generally. CellarPro cited the use of at least as high as 60 °F (15.6 °C). 10 CFR 430.2. 9 EERE–2019–BT–WAV–0028–0005. such a correction factor for coolers and 10 The specified operating temperatures are 55 °F 8 External static pressure is the sum of all the cold-side air entering and 85 °F warm-side air pressure resisting the fans. Here, this is chiefly the 9 A cooler is a cabinet, used with one or more entering. Capacities at specified operating resistance generated by the air moving through doors, that has a source of refrigeration capable of conditions are included in the ‘‘2020 CellarPro ductwork. operating on single-phase, alternating current and is Continued

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DOE considers the operating duct dimensions is more convenient for tested as matched pairs. According to temperature range of the specified basic installers than maximum ESP, since it CellarPro’s petition, the walk-in models to be integral to its analysis of relieves the installer from having to refrigeration system basic models that whether such models require a test perform duct pressure drop calculations are split-systems are sold as full systems procedure waiver. Grant of the interim to determine ESP. DOE independently (i.e., matched pairs) rather than as waiver and its alternative test procedure calculated the maximum pressure drop individual unit cooler and condensing to CellarPro for the specified basic over a range of common duct roughness unit components. This Interim Waiver models listed in the petition is based values 13 using duct lengths and Order provides no direction regarding upon CellarPro’s representation that the diameters published in CellarPro’s refrigerant line connection operating operating range for the basic models installation manuals (CellarPro, No. 11). conditions, and as such is inapplicable listed in the interim waiver does not DOE’s calculations show reasonable to testing the basic models as individual extend below 45 °F. agreement with the maximum ESP components. Consequently, the Interim The alternate test procedure specified values provided by CellarPro for the Waiver Order addresses only matched- in the Interim Waiver Order requires specified basic models. Given that the pair testing of the specified basic testing the specified basic models number and degree of duct bends and models that are split-systems. according to Appendix C with the duct type will vary by installation, DOE DOE notes that, despite the request following changes. The required found the maximum ESP values from CellarPro, it is not including a 0.55 alternate test procedure specifies an air provided by CellarPro to be sufficiently ° correction factor in the alternate test entering dry-bulb temperature of 55 F representative. procedure required by the Interim and a relative humidity of 55 percent. Selection of a representative ESP Waiver Order. The company claimed The alternate test procedure also equal to half the maximum ESP is based that such a factor would correct for specifies that the capacity measurement on the expectation that most differences in wine cellar refrigeration for the specified basic models that are installations will require less than the system fan power, compressor single-package systems (17 basic models maximum allowable duct length. In the efficiency, and run time and load 1800QTL through 8200VS) be absence of field data, DOE expects that conditions. CellarPro also observed that conducted using a primary and a a range of duct lengths from the the test procedure in appendix A to secondary capacity measurement minimal length to the maximum subpart B of 10 CFR part 430 method as specified in AHRI 1250– allowable length would be used; thus, (‘‘Appendix A’’), includes such a factor 2020, using two of the following: The DOE believes that half of the maximum indoor air enthalpy method; the outdoor ESP would be representative of most to account for the difference in use and air enthalpy method; the compressor installations. For basic models with loading patterns of coolers (e.g., self- calibration method; the indoor room condensing or evaporator units that are contained wine chiller cabinets) as calorimeter method; the outdoor room not designed for the ducting of air, this compared to other residential calorimeter method; or the balanced design characteristic must be clearly refrigeration products and sought to ambient room calorimeter method. stated. include a factor as part of its petition. The required alternate test procedure Additionally, if there are multiple Coolers, like other residential also includes the following additional condenser or evaporator unit fan speed refrigeration products, are tested in a ° modifications to CellarPro’s suggested settings, the speed setting used would 90 F room without door openings approach: For systems that can be be as instructed in the unit’s installation (section 2.1.1 of Appendix A). The installed with (1) ducted evaporator air, instructions. However, if the installation intent of the energy test procedure for (2) with or without ducted evaporator instructions do not specify a fan speed residential refrigeration products is to air, (3) ducted condenser air, or (4) with setting for ducted installation, systems simulate operation in typical room ° or without ducted condenser air, testing that can be installed with ducts would conditions (72 F) with door openings ° would be conducted at 50 percent of the be tested with the highest available fan by testing at 90 F ambient temperature maximum ESP, consistent with the speed. The ESP would be set for testing without door openings. 10 CFR AHRI August 2020 Letter either by symmetrically restricting the 430.23(ff)(7). In section 5.2.1.1 of recommendations, subject to a tolerance outlet duct 14 or, if using the indoor air Appendix A, a correction factor of 0.55 of ¥0.00/+0.05 in. wc.11 DOE enthalpy method, by adjusting the is applied to the measured energy understands that maximum ESP is airflow measurement apparatus blower. consumption of coolers so that generally not published in available The alternate test procedure also measuring energy consumption at 90 °F literature such as installation describes the requirements for ambient temperature without door instructions, but manufacturers do measurement of ESP consistent with openings provides test results that are generally specify the size and maximum provisions provided in AHRI 1250–2020 representative of consumer usage at length of ductwork that is acceptable for when using the indoor air enthalpy 72 °F ambient temperature with door any given unit in such literature. The method with unit coolers. openings. Specifically, the 0.55 duct specifications determine what ESP Additionally, the alternate test correction factor reflects that (1) closed- would be imposed on the unit in field procedure indicates that specified basic door operation of self-contained coolers operation.12 The provision of allowable models that are split systems must be in typical 72 °F room conditions results in an average energy consumption 0.46 Product Performance List’’ provided in docket No. dependent on individual unit design and represent times the value measured at the 90 °F EERE–2019–BT–WAV–0028. manufacturer-recommended installation and use. ambient temperature specified by the 11 Inches of water column (‘‘in. wc’’) is a unit of 13 Calculations were conducted over an absolute test procedure; and (2) expected door pressure conventionally used for measurement of roughness range of 1.0–4.6 mm for flexible duct as pressure differentials. defined in pages 1–2 of an OSTI Journal Article on openings of a self-contained wine 12 The duct material, length, diameter, shape, and pressure loss in flexible HVAC ducts at https:// chiller would add an additional 20% configuration are used to calculate the ESP www.osti.gov/servlets/purl/836654 (Docket No. thermal load. Multiplying 0.46 by 1.2 generated in the duct, along with the temperature EERE–2019–BT–WAV–0028–0013) and available at results in the overall correction factor of and flow rate of the air passing through the duct. http://www.regulations.gov. The conditions during normal operation that result 14 This approach is used for testing of furnace 0.55. See 81 FR 46768, 46782 (July 18, in a maximum ESP are used to calculate the fans, as described in Section 8.6.1.1 of 10 CFR part 2016) (final rule for miscellaneous reported maximum ESP values, which are 430, appendix AA to subpart B. refrigeration products).

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In contrast, these same closed-door specific fractions of refrigeration system capacity. Using these equations with an conditions on which the miscellaneous net capacity—the fractions are defined assumed load factor of 50 percent refrigeration correction factor is based based on whether the refrigeration maintains consistency with Appendix C are not present in the test procedure for system is for cooler or freezer while providing an appropriate load walk-in cooler refrigeration systems. applications, and whether it is designed fraction for wine cellar refrigeration The WICF test procedure does not for indoor or outdoor installation (see systems. Accordingly, DOE has declined provide for closed-door testing at sections 6.2 (applicable to coolers) and to adopt a correction factor for the elevated ambient temperatures as the 6.3 (applicable to freezers) of AHRI equipment at issue. test procedure for residential 1250–2009). The alternate test Based on DOE’s review of CellarPro’s refrigeration products does because procedure provided by this interim petition, the required alternate test walk-ins are tested and rated by waiver requires calculating AWEF based procedure laid out in the Interim Waiver component, with a walk-in refrigeration on setting the walk-in box load equal to Order appears to allow for the accurate system tested and rated separately from half of the refrigeration system net measurement of energy efficiency of the a walk-in enclosure (panels and doors). capacity, without variation according to specified basic models, while alleviating See 76 FR 21580. Walk-in refrigeration high and low load periods and without the testing issues associated with load is set by using a representative variation with outdoor air temperature CellarPro’s implementation of wine ratio of box load to capacity (see for outdoor refrigeration systems. cellar walk-in refrigeration system discussion below). As a result, applying Setting the walk-in box load equal to testing for these basic models. the 0.55 correction factor as suggested Consequently, DOE has determined that by CellarPro is not appropriate for the half the refrigeration system net capacity results in a refrigeration system CellarPro’s petition for waiver will specified basic models. likely be granted. Furthermore, DOE has Further, CellarPro asserted that the run time fraction slightly above 50 determined that it is desirable for public suggested 0.55 correction factor was to percent, which is in the range suggested policy reasons to grant CellarPro address the differences in run time and by CellarPro as being representative for immediate relief pending a compressor inefficiency of the specified the specified basic models. As determination of the petition for waiver. basic models as compared to walk-in previously discussed, walk-in energy cooler refrigeration systems more consumption is determined by For the reasons stated, it is ordered generally. It suggested that the run time component, with separate test that: for wine cellar walk-in refrigeration procedures for walk-in refrigeration (1) CellarPro must test and rate the systems ranges from 50 to 75 percent. systems, doors, and panels. Section 6 of following CellarPro-branded wine cellar AHRI 1250–2009 accounts for percent AHRI 1250–2009 provides equations for walk-in refrigeration system basic run time in the AWEF calculation by determining refrigeration box load as a models 15 with the alternate test setting walk-in box load equal to function of refrigeration system procedure set forth in paragraph (2).

CELLARPRO BASIC MODELS

Maximum Maximum Minimum Maximum evaporator condenser Catalog models under basic model operating operating fan external fan external Basic model group temperature temperature static static (°F) (°F) pressure pressure (inwg) (inwg)

1800QTL ...... 1800QTL, 1800QTL–L ...... 45 65 0.00 0.00 1800QT ...... Same ...... 45 65 0.00 0.00 1800XT ...... Same ...... 45 65 0.00 0.00 1800XTS ...... 1800XTS, 1800XTS–B ...... 45 65 0.00 0.00 1800XTSx ...... Same ...... 45 65 0.00 0.00 1800XT 220V ...... Same ...... 45 65 0.00 0.00 1800XTS 220V ...... Same ...... 45 65 0.00 0.00 1800XTx 220V ...... Same ...... 45 65 0.00 0.00 1800H ...... Same ...... 51 65 0.09 0.09 1800H 220V ...... Same ...... 51 65 0.09 0.09 2000VS ...... 2000VSi, 2000VSx ...... 45 65 0.19 0.19 2000VS 220V ...... 2000VSi 220V, 2000VSx 220V ...... 45 65 0.19 0.19 3200VS ...... 3200VSi, 3200VSx ...... 45 65 0.25 0.25 4200VS ...... 4200VSi, 4200VSx, 4200VSi-B, 45 65 0.25 0.25 4200VSi-L. 4200VS 220V ...... 4200VSi 220V, 4200VSx 220V ...... 45 65 0.25 0.25 6200VS ...... 6200VSi, 6200VSx ...... 45 65 0.25 0.25 8200VS ...... 8200VSi, 8200VSx ...... 45 65 0.25 0.25 3000S ...... 3000S, 3000Sqc ...... 45 65 0.25 0.00 3000Scm ...... Same ...... 47 65 0.00 0.00 3000Scmr ...... Same ...... 45 65 0.25 0.00 3000Sh ...... 3000Sh, 3000Shqc ...... 45 65 0.25 0.00 4000S ...... 4000S, 4000Sqc ...... 45 65 0.25 0.00 4000S 220V ...... Same ...... 45 65 0.25 0.00 4000Scm ...... Same ...... 47 65 0.00 0.00 4000Scmr ...... Same ...... 45 65 0.25 0.00 4000Sh ...... 4000Sh, 4000Shqc ...... 45 65 0.25 0.00

15 Basic model 2000VS was initially included email on October 26, 2020 from CellarPro stating that this repeated model was intended to be basic twice in CellarPro’s petition, prior to a clarifying model 2000VS 220V (CellarPro, No. 7).

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CELLARPRO BASIC MODELS—Continued

4000Shwc ...... Same ...... 45 65 0.25 0.00 4000Swc ...... Same ...... 45 65 0.25 0.00 6000S ...... Same ...... 45 65 0.25 0.00

(2) The alternate test procedure for the modifications to AHRI 1250–2009 In Appendix C to Subpart R, revise CellarPro basic models identified in (incorporated by reference; see section 3.1.4 (which specifies paragraph (1) of this Interim Waiver § 431.303)) to read: modifications to AHRI 1250–2009) and Order is the test procedure for Walk-in 3.1.1. In Table 1, Instrumentation add modifications of AHRI 1250–2009 Cooler Refrigeration Systems prescribed Accuracy, refrigerant temperature Tables 3 and 4 to read: by DOE at 10 CFR part 431, subpart R, measurements shall have an accuracy of 3.1.4. In Tables 3 and 4 of AHRI appendix C (‘‘Appendix C to Subpart ±0.5 °F for unit cooler in/out. 1250–2009, Section 5, the Condenser R’’), except as detailed below. All other Measurements used to determine requirements of Appendix C to Subpart temperature or water vapor content of Air Entering Wet-Bulb Temperature R, and DOE’s regulations remain the air (i.e., wet bulb or dew point) shall requirement applies only to single- applicable. be accurate to within ±0.25 °F; all other packaged dedicated systems. Tables 3 In Appendix C to Subpart R, revise temperature measurements shall be and 4 shall be modified to read: section 3.1.1 (which specifies accurate to within ±1.0 °F.

TABLE 3—FIXED CAPACITY MATCHED REFRIGERATOR SYSTEM AND SINGLE-PACKAGED DEDICATED SYSTEM, CONDENSING UNIT LOCATED INDOOR

Unit cooler Unit cooler Condenser Maximum air entering air entering condenser Test description relative air entering air entering Compressor Test objective dry-bulb, humidity, dry-bulb, status °F °F wet-bulb, % 1 °F

Evaporator Fan Power .. 55 55 ...... Measure fan input wattage.2 Refrigeration Capacity .. 55 55 90 3 65 Compressor On ...... Determine Net Refrig- eration Capacity of Unit Cooler, input power, and EER at Rating Condition. Notes: 1 The test condition tolerance (maximum permissible variation of the average value of the measurement from the specified test condition) for relative humidity is 3%. 2 Measure fan input wattage either by measuring total system power when the compressor and condenser are turned off or by separately submetering the evaporator fan. 3 Maximum allowable value for Single-Packaged Systems that do not use evaporative Dedicated Condensing Units, where all or part of the equipment is located in the outdoor room.

TABLE 4—FIXED CAPACITY MATCHED REFRIGERATOR SYSTEM AND SINGLE-PACKAGED DEDICATED SYSTEM, CONDENSING UNIT LOCATED OUTDOOR

Evaporator Fan Power .. 55 55 ...... Measure fan input wattage.2 Refrigeration Capacity A 55 55 95 3 68 Compressor On ...... Determine Net Refrig- eration Capacity of Unit Cooler, input power, and EER at Rating Condition. Refrigeration Capacity B 55 55 59 3 46 Compressor On ...... Determine Net Refrig- eration Capacity of Unit Cooler and system input power at moderate condition.

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TABLE 4—FIXED CAPACITY MATCHED REFRIGERATOR SYSTEM AND SINGLE-PACKAGED DEDICATED SYSTEM, CONDENSING UNIT LOCATED OUTDOOR—Continued

Maximum Unit cooler Unit cooler Condenser air entering air entering condenser Compressor Test description air entering relative air entering Test objective dry-bulb, dry-bulb, wet-bulb, status °F humidity, °F % 1 °F

Refrigeration Capacity C 55 55 35 3 29 Compressor On ...... Determine Net Refrig- eration Capacity of Unit Cooler and system input power at cold condition. Notes: 1 The test condition tolerance (maximum permissible variation of the average value of the measurement from the specified test condition) for relative humidity is 3%. 2 Measure fan input wattage either by measuring total system power when the compressor and condenser are turned off or by separately submetering the evaporator fan. 3 Maximum allowable value for Single-Packaged Dedicated Systems that do not use evaporative Dedicated Condensing Units, where all or part of the equipment is located in the outdoor room.

In Appendix C to Subpart R, measurement of the evaporator fan external static pressure as described in following section 3.2.5 (instructions power during the steady state test. ASHRAE 37–2009, sections 6.4 and 6.5. regarding modifications to AHRI 1250– Section C3.5 of AHRI 1250–2009 is Use pressure measurement 2009), add sections 3.2.6 and 3.2.7 to revised to read: instrumentation as described in read: Unit Cooler Fan Power Measurement. ASHRAE 37–2009, section 5.3.2. Test at 3.2.6 The purpose in section C1 of The following shall be measured and the fan speed specified in manufacturer appendix C is modified by extending it recorded during a fan power test. installation instructions—if there is to include Single-Packaged Dedicated EFcomp,on Total electrical power input more than one fan speed setting and the Systems. to fan motor(s) of Unit Cooler, W installation instructions do not specify 3.2.7 For general test conditions and FS Fan speed (s), rpm which speed to use, test at the highest data recording (appendix C, section C7), N Number of motors speed. Conduct tests with the external the test acceptance criteria in Table 2 Pb Barometric pressure, in. Hg static pressure equal to 50 percent of the and the data to be recorded in Table C2 Tdb Dry-bulb temperature of air at maximum external static pressure apply to the Dual Instrumentation and inlet, °F allowed by the manufacturer for system ¥ Calibrated Box methods of test. Twb Wet-bulb temperature of air at installation within a tolerance of 0.00/ In Appendix C to Subpart R, revise inlet, °F +0.05 in. wc. If testing with the indoor section 3.3 to read: V Voltage of each phase, V air enthalpy method, adjust the airflow 3.3. Matched systems, single- For a given motor winding measurement apparatus fan to set the packaged dedicated systems, and unit configuration, the total power input external static pressure—otherwise, set coolers tested alone: Test any split shall be measured at the highest the external static pressure by system wine cellar walk-in refrigeration nameplated voltage. For three-phase symmetrically restricting the outlet of system as a matched pair. Any power, voltage imbalance shall be no the test duct. In case of conflict, these condensing unit or unit cooler more than 2%. requirements for setting evaporator component must be matched with a 3.3.3.2. Evaporator fan power for the airflow take precedence over airflow values specified in manufacturer corresponding counterpart for testing. off cycle is equal to the on-cycle installation instructions or product Use the test method in AHRI 1250–2009 evaporator fan power with a run time of literature. ten percent of the off-cycle time. (incorporated by reference; see 3.3.10. For systems with ducted § 431.303), appendix C as the method of × EFcomp,off = 0.1 EFcomp,on condenser air, or that can be installed test for matched refrigeration systems, In Appendix C to Subpart R, with or without ducted condenser air: single-packaged dedicated systems, or following section 3.3.7.2, add new Connect ductwork on both the inlet and unit coolers tested alone, with the sections 3.3.8, 3.3.9, and 3.3.10 to read: outlet connections and determine following modifications: 3.3.8. Measure power and capacity of external static pressure as described in * * * * * single-packaged dedicated systems as ASHRAE 37–2009, sections 6.4 and 6.5. In Appendix C to Subpart R, revise described in sections C4.1.2 and C9 of Use pressure measurement sections 3.3.3 through 3.3.3.2 to read: AHRI 1250–2020. The third and fourth instrumentation as described in 3.3.3 Evaporator fan power. sentences of Section C9.1.1.1 of AHRI ASHRAE 37–2009, section 5.3.2. Test at 3.3.3.1. The unit cooler fan power 1250–2020 (‘‘Entering air is to be the fan speed specified in manufacturer consumption shall be measured in sufficiently dry as to not produce frost installation instructions—if there is accordance with the requirements in on the Unit Cooler coil. Therefore, only more than one fan speed setting and the Section C3.5 of AHRI 1250–2009. This sensible capacity measured by dry bulb installation instructions do not specify measurement shall be made with the fan change shall be used to calculate which speed to use, test at the highest operating at full speed, either measuring capacity.’’) shall not apply. speed. Conduct tests with the external unit cooler or total system power input 3.3.9. For systems with ducted static pressure equal to 50 percent of the upon the completion of the steady state evaporator air, or that can be installed maximum external static pressure test when the compressors and with or without ducted evaporator air: allowed by the manufacturer for system condenser fan of the walk-in system is Connect ductwork on both the inlet and installation within a tolerance of ¥0.00/ turned off, or by submetered outlet connections and determine +0.05 in. wc. If testing with the outdoor

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enthalpy method, adjust the airflow literature. If testing using the outdoor air the system net capacity, without measurement apparatus fan to set the enthalpy method, the requirements of variation according to high and low load external static pressure—otherwise, set section 8.6 of ASHRAE 37–2009 are not periods and without variation with the external static pressure by applicable. outdoor air temperature for outdoor symmetrically restricting the outlet of In Appendix C to Subpart R, revise refrigeration systems, and the test must the test duct. In case of conflict, these section 3.3.6 (which specifies be done as a matched or single-package requirements for setting condenser modifications to AHRI 1250–2009) to refrigeration system, as follows: airflow take precedence over airflow read: values specified in manufacturer 3.3.6. AWEF is calculated on the basis For Indoor Condensing Units: installation instructions or product that walk-in box load is equal to half of

(3) Representations. CellarPro may not (5) This Interim Waiver Order is time if it determines the factual basis make representations about the issued on the condition that the underlying the petition for the Interim efficiency of a basic model listed in statements and representations provided Waiver Order is incorrect, or the results paragraph (1) of this Interim Waiver by CellarPro are valid. If CellarPro from the alternate test procedure are Order for compliance, marketing, or makes any modifications to the controls unrepresentative of a basic model’s true other purposes unless that basic model or configurations of a basic model energy consumption characteristics. 10 has been tested in accordance with the subject to this Interim Waiver Order, CFR 431.401(k)(1). Likewise, CellarPro provisions set forth above and such such modifications will render the may request that DOE rescind or modify representations fairly disclose the waiver invalid with respect to that basic the Interim Waiver Order if CellarPro results of such testing. model, and CellarPro will either be discovers an error in the information (4) This interim waiver shall remain required to use the current Federal test provided to DOE as part of its petition, in effect according to the provisions of method or submit a new application for determines that the interim waiver is no 10 CFR 431.401. a test procedure waiver. DOE may longer needed, or for other appropriate rescind or modify this waiver at any reasons. 10 CFR 431.401(k)(2).

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(6) Issuance of this Interim Waiver include additional basic models and in compliance with requirements of Order does not release CellarPro from employing the same technology as the the Office of the Federal Register, the the certification requirements set forth basic model(s) set forth in the original undersigned DOE Federal Register at 10 CFR part 429. petition consistent with 10 CFR Liaison Officer has been authorized to 431.401(g). DOE makes decisions on waivers and sign and submit the document in interim waivers for only those basic Signing Authority electronic format for publication, as an official document of the Department of models specifically set out in the This document of the Department of Energy. This administrative process in petition, not future models that may be Energy was signed on February 22, no way alters the legal effect of this manufactured by the petitioner. 2021, by Kelly Speakes-Backman, document upon publication in the CellarPro may submit a new or amended Principal Deputy Assistant Secretary Federal Register. petition for waiver and request for grant and Acting Assistant Secretary for of interim waiver, as appropriate, for Energy Efficiency and Renewable Signed in Washington, DC, on February 23, additional basic models of Walk-in Energy, pursuant to delegated authority 2021. Cooler Refrigeration Systems. from the Acting Secretary of Energy. Treena V. Garrett, Alternatively, if appropriate, CellarPro That document with the original Federal Register Liaison Officer, U.S. may request that DOE extend the scope signature and date is maintained by Department of Energy. of a waiver or an interim waiver to DOE. For administrative purposes only, BILLING CODE 6450–01–P

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[FR Doc. 2021–04062 Filed 2–26–21; 8:45 am] market requirements for the current year Annual at http://www.eia.gov/uranium/ BILLING CODE 6450–01–C and the following ten years. production/annual/. Form EIA–851Q DATES: Comments on this information data are published in EIA’s Domestic collection must be received no later Uranium Production Report—Quarterly DEPARTMENT OF ENERGY than March 31, 2021. Written comments at http://www.eia.gov/uranium/ and recommendations for the proposed production/quarterly/. Form EIA–858 Energy Information Administration information collection should be sent data are published in EIA’s Uranium Agency Information Collection within 30 days of publication of this Marketing Annual Report at http:// Extension notice to www.reginfo.gov/public/do/ www.eia.gov/uranium/marketing/ and PRAMain. Find this particular Domestic Uranium Production Report— AGENCY: U.S. Energy Information information collection by selecting Annual at http://www.eia.gov/uranium/ Administration (EIA), U.S. Department ‘‘Currently under 30-day Review—Open production/annual/; of Energy (DOE). for Public Comments’’ or by using the (4a) Change to information collection: search function. ACTION: Notice. EIA will no longer protect information FOR FURTHER INFORMATION CONTACT: If reported on Form EIA–851A and EIA– you need additional information, SUMMARY: EIA submitted an information 851Q under the Confidential contact Tim Shear, U.S. Energy Information Protection and Statistical collection request for extension as Information Administration, telephone required by the Paperwork Reduction Efficiency Act of 2018 (CIPSEA). (202) 586–0503, or by email at Information reported on Form EIA–858 Act of 1995. The information collection [email protected]. The forms and requests a three-year extension with will continue to be protected under instructions are available on EIA’s CIPSEA. changes of its Uranium Data Program website at www.eia.gov/survey/changes/ (UDP), OMB Control Number 1905– uranium/2020. EIA proposes to apply exemptions 0160. The UDP consists of three under the Freedom of Information Act SUPPLEMENTARY INFORMATION: This surveys. Form EIA–851A Domestic (FOIA) to protect information reported information collection request contains: Uranium Production Report (Annual) (1) OMB No.: 1905–0160; on Forms EIA–851A and EIA–851Q collects annual data from the U.S. (2) Information Collection Request except for production data. Production uranium industry on uranium milling Title: Uranium Data Program; data will be considered public and may and processing, uranium feed sources, (3) Type of Request: Three-year be publicly released in an identifiable uranium mining, employment, drilling, extension with changes; form. For the past six years, the items expenditures, and uranium reserves. (4) Purpose: Uranium Data Program ‘‘Respondent and Contact Form EIA–851Q Domestic Uranium collects data on domestic uranium Identification’’, ‘‘Company Name’’, and Production Report (Quarterly) collects supply and demand activities, including all of ‘‘Item 1: Facility Information’’ on monthly data on uranium production production, exploration and Forms EIA–851Q and EIA–851A are that is reported on a quarterly basis. development, trade, purchases and sales considered public information and are Form EIA–858 Uranium Marketing available to the U.S. The users of these publicly released in company or Annual Survey collects annual data data include Congress, Executive individually identifiable form on EIA’s from the U.S. uranium market on Branch agencies, the nuclear and website. Data protection methods will uranium contracts and deliveries, uranium industry, electric power continue to be applied to the statistical inventories, enrichment services industry, and the public. Form EIA– information reported on Forms EIA– purchased, uranium in fuel assemblies, 851A data are published in EIA’s 851A and EIA–851Q, except for feed deliveries to enrichers, and unfilled Domestic Uranium Production Report— production data.

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The data protection statement in the concerned if informed users infer Take notice that the Commission instructions to Forms EIA–851A and reported values from published received the following electric rate EIA–851Q will state: statistical aggregates in data tables. The filings: The ‘Respondent and Contact main reason survey respondents Docket Numbers: ER20–945–003. Identification’ (Company Name), ‘Item 1: provided was that the information Applicants: Southwest Power Pool, Facility Information’, and production data reported on Forms EIA–851A and EIA– Inc. reported on Form EIA–851Q/A are 851Q is already publicly available. In Description: Southwest Power Pool, considered public information and may be addition, since 2016, the current Inc. submits tariff filing per 35: released in company identifiable form. instructions to Forms EIA–851A and Compliance Filing Revising Tariff in Additional information reported on this form EIA–851Q have stated the name and may be protected and may not be disclosed Response to February 18 Order to be to the public to the extent that it satisfies the address of the respondent are effective 4/4/2020. criteria for exemption under the Freedom of considered public information. Filed Date: 02/23/2021. Information Act (FOIA), 5 U.S.C. 552, the The burden hour estimate on Form Accession Number: 20210223–5053. Department of Energy (DOE) regulations, 10 EIA–858 is increasing from 15 hours to Comment Date: 5 p.m. ET 3/16/21. CFR 1004, implementing the FOIA, and the 26 hours. This increase is due to Docket Numbers: ER21–714–001. Trade Secrets Act, 18 U.S.C. 1905. respondent requests and confirmed Applicants: Indiana Crossroads Wind The Federal Energy Administration Act through industry studies. requires EIA to provide company-specific Farm LLC. data to other Federal agencies when (5) Annual Estimated Number of Description: Indiana Crossroads Wind requested for official use. The information Respondents: 102; Farm LLC submits tariff filing per reported on this form may also be made (6) Annual Estimated Number of 35.17(b): Supplement to Market-Based available, upon request, to another Total Responses: 135; Rate Application and Revised MBR component of the Department of Energy (7) Annual Estimated Number of Tariff to be effective 2/21/2021. (DOE); to any Committee of Congress, the Burden Hours: 1,769; Filed Date: 02/19/2021. Government Accountability Office, or other Accession Number: 20210219–5095. Federal agencies authorized by law to receive (8) Annual Estimated Reporting and such information. A court of competent Recordkeeping Cost Burden: EIA Comment Date: 5 p.m. ET 2/26/21. jurisdiction may obtain this information in estimates that there are no capital or Docket Numbers: ER21–816–001. response to an order. The information may be start-up costs associated with this data Applicants: ISO New England Inc. used for any non-statistical purposes such as collection. The information is Description: ISO New England Inc. administrative, regulatory, law enforcement, maintained during the normal course of submits tariff filing per 35.17(b): or adjudicatory purposes. business. The cost of the burden hours Amendment to Information Disclosure Data protection methods are applied to the is estimated to be $144,438.85 (1,769 Req. under the FAP in Docket No.ER21– statistical information reported on Forms EIA–851A and EIA–851Q, except for burden hours times $81.65 per hour). 816 to be effective 3/9/2021. production data. Other than the cost of burden hours, EIA Filed Date: 02/23/2021. estimates that there are no additional Accession Number: 20210223–5012. The reason EIA is proposing this costs for generating, maintaining, and Comment Date: 5 p.m. ET 3/1/21. change in the data protection for Forms providing this information. EIA–851A and EIA–851Q is due to a Docket Numbers: ER21–1194–000. material change in circumstances that Statutory Authority: 15 U.S.C. 772(b), 42 Applicants: Pacific Gas and Electric occurred over the past 15 years in the U.S.C. 7101 et seq. Company. domestic uranium production markets Signed in Washington, DC, on February 23, Description: Pacific Gas and Electric that was unforeseen when EIA initially 2021. Company submits tariff filing per 35.15: placed these surveys under CIPSEA Samson A. Adeshiyan, PWRPA SA 30 Termination of Rough protection in 2004. Domestic uranium Director, Office of Statistical Methods and and Ready SA to be effective 3/1/2021. production has significantly decreased Research, U.S. Energy Information Filed Date: 02/23/2021. from a recent high of 4,891 thousand Administration. Accession Number: 20210223–5000. pounds U3O8 in 2014 to 174 thousand [FR Doc. 2021–04166 Filed 2–26–21; 8:45 am] Comment Date: 5 p.m. ET 3/16/21. pounds U3O8 in 2019. Over 90% of the BILLING CODE 6450–01–P Docket Numbers: ER21–1195–000. uranium purchased by owners and Applicants: American Transmission operators of U.S. civilian nuclear power Systems, Incorporated, PJM reactors in 2018 and 2019 was from DEPARTMENT OF ENERGY Interconnection, L.L.C. uranium imports of foreign origin. The Description: American Transmission number of respondents reporting Federal Energy Regulatory Systems, Incorporated submits tariff domestic production has steadily Commission filing per 35.13(a)(2)(iii): ATSI submits Two ECSAs, SA Nos. 5916 and 5922 to declined over the past 15 years as Combined Notice of Filings #1 imports of uranium dominate U.S. be effective 4/25/2021. uranium markets and domestic firms Take notice that the Commission Filed Date: 02/23/2021. either cease operations or merge with received the following electric corporate Accession Number: 20210223–5081. other companies. As fewer respondents filings: Comment Date: 5 p.m. ET 3/16/21. contribute to the published aggregates, The filings are accessible in the Docket Numbers: EC21–55–000. EIA needs to withhold from publication Commission’s eLibrary system (https:// all of the data at the state and regional Applicants: Altamont Winds LLC. elibrary.ferc.gov/idmws/search/ level. The practical utility of the Description: Application for fercgensearch.asp) by querying the information collected is undermined by Authorization Under Section 203 of the docket number. EIA withholding most of the data it Federal Power Act of Altamont Winds Any person desiring to intervene or collects on these survey forms. LLC. protest in any of the above proceedings Cognitive research showed that the Filed Date: 02/22/2021. must file in accordance with Rules 211 majority of the respondents to Forms Accession Number: 20210222–5229. and 214 of the Commission’s EIA–851A and EIA–851Q are not Comment Date: 5 p.m. ET 3/15/21. Regulations (18 CFR 385.211 and

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385.214) on or before 5:00 p.m. Eastern link to log on and submit the Any person desiring to intervene or to time on the specified comment date. intervention or protests. protest this filing must file in Protests may be considered, but Persons unable to file electronically accordance with Rules 211 and 214 of intervention is necessary to become a may mail similar pleadings to the the Commission’s Rules of Practice and party to the proceeding. Federal Energy Regulatory Commission, Procedure (18 CFR 385.211, 385.214). eFiling is encouraged. More detailed 888 First Street NE, Washington, DC Protests will be considered by the information relating to filing 20426. Hand delivered submissions in Commission in determining the requirements, interventions, protests, docketed proceedings should be appropriate action to be taken, but will service, and qualifying facilities filings delivered to Health and Human not serve to make protestants parties to can be found at: http://www.ferc.gov/ Services, 12225 Wilkins Avenue, the proceeding. Any person wishing to docs-filing/efiling/filing-req.pdf. For Rockville, Maryland 20852. become a party must file a notice of other information, call (866) 208–3676 In addition to publishing the full text intervention or motion to intervene, as (toll free). For TTY, call (202) 502–8659. of this document in the Federal appropriate. Such notices, motions, or Dated: February 23, 2021. Register, the Commission provides all protests must be filed on or before the Kimberly D. Bose, interested persons an opportunity to comment date. Anyone filing a motion Secretary. view and/or print the contents of this to intervene or protest must serve a copy document via the internet through the [FR Doc. 2021–04141 Filed 2–26–21; 8:45 am] of that document on the Petitioner. Commission’s Home Page (http:// BILLING CODE 6717–01–P www.ferc.gov) using the ‘‘eLibrary’’ link. In addition to publishing the full text Enter the docket number excluding the of this document in the Federal DEPARTMENT OF ENERGY last three digits in the docket number Register, the Commission provides all field to access the document. At this interested persons an opportunity to Federal Energy Regulatory time, the Commission has suspended view and/or print the contents of this Commission access to the Commission’s Public document via the internet through the Reference Room, due to the Commission’s Home Page (http:// [Docket No. ER21–1188–000] proclamation declaring a National ferc.gov) using the ‘‘eLibrary’’ link. Prairie State Solar, LLC; Supplemental Emergency concerning the Novel Enter the docket number excluding the Notice That Initial Market-Based Rate Coronavirus Disease (COVID–19), issued last three digits in the docket number Filing Includes Request for Blanket by the President on March 13, 2020. For field to access the document. At this Section 204 Authorization assistance, contact the Federal Energy time, the Commission has suspended Regulatory Commission at access to the Commission’s Public This is a supplemental notice in the [email protected] or call Reference Room, due to the above-referenced proceeding of Prairie toll-free, (886) 208–3676 or TYY, (202) proclamation declaring a National State Solar, LLC’s application for 502–8659. Emergency concerning the Novel market-based rate authority, with an Dated: February 23, 2021. Coronavirus Disease (COVID–19), issued accompanying rate tariff, noting that Kimberly D. Bose, by the President on March 13, 2020. For such application includes a request for Secretary. assistance, contact the Federal Energy blanket authorization, under 18 CFR [FR Doc. 2021–04146 Filed 2–26–21; 8:45 am] Regulatory Commission at part 34, of future issuances of securities and assumptions of liability. BILLING CODE 6717–01–P [email protected] or call Any person desiring to intervene or to toll-free, (886) 208–3676 or TYY, (202) protest should file with the Federal 502–8659. DEPARTMENT OF ENERGY Energy Regulatory Commission, 888 The Commission strongly encourages First Street NE, Washington, DC 20426, Federal Energy Regulatory electronic filings of comments, protests in accordance with Rules 211 and 214 Commission and interventions in lieu of paper using of the Commission’s Rules of Practice the ‘‘eFiling’’ link at http:// and Procedure (18 CFR 385.211 and [Docket Nos. EL21–50–000; QF21–222–001] www.ferc.gov. Persons unable to file 385.214). Anyone filing a motion to electronically may mail similar intervene or protest must serve a copy Board of Trustees of Michigan State pleadings to the Federal Energy of that document on the Applicant. University; Notice of Petition for Regulatory Commission, 888 First Street Notice is hereby given that the Declaratory Order NE, Washington, DC 20426. Hand deadline for filing protests with regard delivered submissions in docketed to the applicant’s request for blanket Take notice that on February 19, 2021, proceedings should be delivered to authorization, under 18 CFR part 34, of pursuant to Rule 207 of the Federal Health and Human Services, 12225 future issuances of securities and Energy Regulatory Commission’s Wilkins Avenue, Rockville, Maryland assumptions of liability, is March 15, (Commission) Rules of Practice and 20852. 2021. Procedure, 18 CFR 385.207, the Board of The Commission encourages Trustees of Michigan State University Comment Date: 5:00 p.m. Eastern time electronic submission of protests and (Petitioner), filed a petition for on March 21, 2021. interventions in lieu of paper, using the declaratory order (Petition) requesting Dated: February 23, 2021. FERC Online links at http:// that the Commission issue a declaratory Kimberly D. Bose, www.ferc.gov. To facilitate electronic order granting limited waiver of the service, persons with internet access filing requirements applicable to Secretary. who will eFile a document and/or be qualifying cogeneration facilities set [FR Doc. 2021–04149 Filed 2–26–21; 8:45 am] listed as a contact for an intervenor forth in 18 CFR Section 292.203(a)(3) of BILLING CODE 6717–01–P must create and validate an the Commission’s regulations for the eRegistration account using the time period beginning April 16, 2006, as eRegistration link. Select the eFiling more fully explained in the petition.

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DEPARTMENT OF ENERGY number P–13755–006. Comments obtain copies of the application directly emailed to Commission staff are not from the applicant. Federal Energy Regulatory considered part of the Commission m. Individuals desiring to be included Commission record. on the Commission’s mailing list should [Project No. 13755–006] The Commission’s Rules of Practice so indicate by writing to the Secretary and Procedure require all intervenors of the Commission. FFP Missouri 12, LLC; Notice of filing documents with the Commission n. Comments, Protests, or Motions to Application for Amendment of License, to serve a copy of that document on Intervene: Anyone may submit Soliciting Comments, Motions To each person whose name appears on the comments, a protest, or a motion to Intervene, and Protests official service list for the project. intervene in accordance with the Further, if an intervenor files comments requirements of Rules of Practice and Take notice that the following or documents with the Commission Procedure, 18 CFR 385.210, .211, .214, hydroelectric application has been filed relating to the merits of an issue that respectively. In determining the with the Commission and is available may affect the responsibilities of a appropriate action to take, the for public inspection: particular resource agency, they must Commission will consider all protests or a. Type of Proceeding: Application for also serve a copy of the document on other comments filed, but only those non-capacity amendment of license. that resource agency. who file a motion to intervene in b. Project No.: 13755–006. k. Description of Request: The accordance with the Commission’s c. Date Filed: January 19, 2021. Allegheny Lock and Dam Project has not Rules may become a party to the d. Licensee: FFP Missouri 12, LLC. yet been constructed. The applicant is proceeding. Any comments, protests, or e. Name of Project: Allegheny Lock proposing to modify the approved motions to intervene must be received and Dam 2 Hydroelectric Project. project works identified in Ordering on or before the specified comment date f. Location: The project is located on Paragraph (B) of the Order Issuing for the particular application. the Allegheny River in the City of Original License, issued March 13, o. Filing and Service of Documents: Sharpsburg in Allegheny County, 2017, to: (1) Change the design of the Any filing must (1) bear in all capital Pennsylvania. intake channel and intake structure to a letters the title ‘‘COMMENTS’’, g. Filed Pursuant to: Federal Power combined reinforced concrete ‘‘U’’ ‘‘PROTEST’’, or ‘‘MOTION TO Act, 16 U.S.C. 791a–825r. section 150-foot-long, 90-foot-wide, and INTERVENE’’ as applicable; (2) set forth h. Licensee Contact: Paul Jacob, FFP 57-foot-high; (2) delete the two 45-foot- in the heading the name of the applicant Missouri 12, LLC, c/o Rye Development, wide, 40-foot-high spill gates from the and the project number of the 745 Atlantic Ave, 8th Floor, Boston, MA intake structure; (3) delete the 1,100- application to which the filing 02111, (617) 7010–3288, paul@ foot-long series of 2.5-foot-high responds; (3) furnish the name, address, ryedevelopment.com. adjustable crest gates on top of the dam; and telephone number of the person i. FERC Contact: Rebecca Martin, (4) change the design of the powerhouse commenting, protesting or intervening; (202) 502–6012, Rebecca.martin@ (the powerhouse will remain a concrete and (4) otherwise comply with the ferc.gov. structure supported on a mat foundation requirements of 18 CFR 385.2001 j. Deadline for filing comments, but will be decreased in size from 180- through 385.2005. All comments, interventions, and protests Deadline for foot long, 170-foot wide, and 70-foot motions to intervene, or protests must filing comments, motions to intervene, high to a building 150-foot long, 90-foot set forth their evidentiary basis. Any and protests: March 25, 2021. wide, and 70-foot high); (5) decrease the filing made by an intervenor must be The Commission strongly encourages number of generating units from three accompanied by proof of service on all electronic filing. Please file comments, identical Kaplan turbine generators persons listed in the service list motions to intervene, and protests using having an installed capacity of 17 prepared by the Commission in this the Commission’s eFiling system at megawatts (MW) to two identical 5.0 proceeding, in accordance with 18 CFR http://www.ferc.gov/docs-filing/ MW units for a combined installed 385.2010. efiling.asp. Commenters can submit capacity of 10.0 MW; and (6) change the brief comments up to 6,000 characters, design of the tailrace to an excavated Dated: February 23, 2021. without prior registration, using the channel 150-foot-long and 90-foot-wide. Kimberly D. Bose, eComment system at http:// As a result of these modifications the Secretary. www.ferc.gov/docs-filing/ approved 17 MW generating capacity [FR Doc. 2021–04153 Filed 2–26–21; 8:45 am] ecomment.asp. You must include your would be reduced to 10 MW and the BILLING CODE 6717–01–P name and contact information at the end size of the project boundary would be of your comments. For assistance, decreased to accommodate the smaller please contact FERC Online Support at footprint of the project. DEPARTMENT OF ENERGY [email protected], (866) l. Locations of the Application: This 208–3676 (toll free), or (202) 502–8659 filing may be viewed on the Federal Energy Regulatory (TTY). In lieu of electronic filing, you Commission’s website at http:// Commission may submit a paper copy. Submissions www.ferc.gov using the ‘‘eLibrary’’ link. Combined Notice of Filings sent via the U.S. Postal Service must be Enter the docket number excluding the addressed to: Kimberly D. Bose, last three digits in the docket number Take notice that the Commission has Secretary, Federal Energy Regulatory field to access the document. You may received the following Natural Gas Commission, 888 First Street NE, Room also register online at http:// Pipeline Rate and Refund Report filings: 1A, Washington, DC 20426. www.ferc.gov/docs-filing/ Docket Numbers: RP21–505–000. Submissions sent via any other carrier esubscription.asp to be notified via Applicants: Florida Gas Transmission must be addressed to: Kimberly D. Bose, email of new filings and issuances Company, LLC. Secretary, Federal Energy Regulatory related to this or other pending projects. Description: Florida Gas Transmission Commission, 12225 Wilkins Avenue, For assistance, call 1–866–208–3676 or Company, LLC submits tariff filing per Rockville, Maryland 20852. The first email [email protected], for 154.204: Curtailment Priority Filing to page of any filing should include docket TTY, call (202) 502–8659. Agencies may be effective 3/25/2021 under RP21–505.

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Filed Date: 02/22/2021. DEPARTMENT OF ENERGY last three digits in the docket number Accession Number: 20210222–5067. field to access the document. At this Comment Date: 5 p.m. ET 3/8/21. Federal Energy Regulatory time, the Commission has suspended Commission Docket Numbers: RP21–506–000. access to the Commission’s Public Reference Room, due to the Applicants: Viking Gas Transmission [Docket No. ER21–1187–000] proclamation declaring a National Company. Dressor Plains Solar, LLC; Emergency concerning the Novel Description: Viking Gas Transmission Supplemental Notice That Initial Coronavirus Disease (COVID–19), issued Company submits tariff filing per Market-Based Rate Filing Includes by the President on March 13, 2020. For 154.204: Negotiated Rate PAL Request for Blanket Section 204 assistance, contact the Federal Energy Agreement—World Fuel VR1048 Authorization Regulatory Commission at Amend 2 Extension to be effective 2/22/ [email protected] or call 2021 under RP21–506. This is a supplemental notice in the toll-free, (886) 208–3676 or TYY, (202) Filed Date: 02/22/2021. above-referenced proceeding of Dressor 502–8659. Accession Number: 20210222–5140. Plains Solar, LLC’s application for Dated: February 23, 2021. Comment Date: 5 p.m. ET 3/8/21. market-based rate authority, with an accompanying rate tariff, noting that Kimberly D. Bose, Docket Numbers: RP21–507–000. such application includes a request for Secretary. Applicants: El Paso Natural Gas blanket authorization, under 18 CFR [FR Doc. 2021–04145 Filed 2–26–21; 8:45 am] Company, L.L.C. part 34, of future issuances of securities BILLING CODE 6717–01–P Description: El Paso Natural Gas and assumptions of liability. Company, L.L.C. submits tariff filing per Any person desiring to intervene or to 154.601: Negotiated Rate Agreement protest should file with the Federal DEPARTMENT OF ENERGY Update (Pioneer Apr–Jun 2021) to be Energy Regulatory Commission, 888 effective 4/1/2021 under RP21–507. First Street NE, Washington, DC 20426, Federal Energy Regulatory Filed Date: 02/22/2021. in accordance with Rules 211 and 214 Commission Accession Number: 20210222–5163. of the Commission’s Rules of Practice [Docket No. CP20–493–000] Comment Date: 5 p.m. ET 3/8/21. and Procedure (18 CFR 385.211 and Docket Numbers: RP21–508–000. 385.214). Anyone filing a motion to Tennessee Gas Pipeline Company, Applicants: Cimarron River Pipeline, intervene or protest must serve a copy L.L.C.; Notice of Availability of the LLC. of that document on the Applicant. Environmental Assessment for the Description: Cimarron River Pipeline, Notice is hereby given that the Proposed; East 300 Upgrade Project deadline for filing protests with regard LLC submits tariff filing per The staff of the Federal Energy 154.403(d)(2): Fuel Tracker 2021— to the applicant’s request for blanket authorization, under 18 CFR part 34, of Regulatory Commission (FERC or Summer Season Rates to be effective 4/ Commission) has prepared an 1/2021 under RP21–508. future issuances of securities and assumptions of liability, is March 15, environmental assessment (EA) for the Filed Date: 02/22/2021. 2021. East 300 Upgrade Project, proposed by Accession Number: 20210222–5169. The Commission encourages Tennessee Gas Pipeline Company, Comment Date: 5 p.m. ET 3/8/21. electronic submission of protests and L.L.C. (Tennessee) in the above- The filings are accessible in the interventions in lieu of paper, using the referenced docket. Tennessee requests Commission’s eLibrary system (https:// FERC Online links at http:// authorization to modify two existing elibrary.ferc.gov/idmws/search/ www.ferc.gov. To facilitate electronic compressor stations and construct one fercgensearch.asp) by querying the service, persons with internet access new compressor station in Pennsylvania docket number. who will eFile a document and/or be and New Jersey to create 115 million Any person desiring to intervene or listed as a contact for an intervenor cubic feet per day of firm transportation protest in any of the above proceedings must create and validate an capacity on Tennessee’s existing 300 must file in accordance with Rules 211 eRegistration account using the Line. The facilities are proposed to meet and 214 of the Commission’s eRegistration link. Select the eFiling the market need of Tennessee’s shipper, Regulations (18 CFR 385.211 and link to log on and submit the Consolidated Edison Company of New 385.214) on or before 5:00 p.m. Eastern intervention or protests. York, Inc. time on the specified comment date. Persons unable to file electronically The EA assesses the potential Protests may be considered, but may mail similar pleadings to the environmental effects of the intervention is necessary to become a Federal Energy Regulatory Commission, construction and operation of the East party to the proceeding. 888 First Street NE, Washington, DC 300 Upgrade Project in accordance with eFiling is encouraged. More detailed 20426. Hand delivered submissions in the requirements of the National information relating to filing docketed proceedings should be Environmental Policy Act. The FERC requirements, interventions, protests, delivered to Health and Human staff concludes that approval of the service, and qualifying facilities filings Services, 12225 Wilkins Avenue, proposed project, with appropriate can be found at: http://www.ferc.gov/ Rockville, Maryland 20852. mitigating measures, would not docs-filing/efiling/filing-req.pdf. For In addition to publishing the full text constitute a major federal action other information, call (866) 208–3676 of this document in the Federal significantly affecting the quality of the (toll free). For TTY, call (202) 502–8659. Register, the Commission provides all human environment. interested persons an opportunity to The proposed East 300 Upgrade Dated: February 23, 2021. view and/or print the contents of this Project includes the following facilities: Kimberly D. Bose, document via the internet through the • Modifications at existing Secretary. Commission’s Home Page (http:// Compressor Station 321 in Susquehanna [FR Doc. 2021–04144 Filed 2–26–21; 8:45 am] www.ferc.gov) using the ‘‘eLibrary’’ link. County, Pennsylvania, including the BILLING CODE 6717–01–P Enter the docket number excluding the installation of one Solar Taurus 70

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turbine with an International of comments and has staff available to such as orders, notices, and Organization for Standardization (ISO) assist you at (866) 208–3676 or rulemakings. rating of 11,107 horsepower and [email protected]. Please In addition, the Commission offers a auxiliary facilities; carefully follow these instructions so free service called eSubscription which • modifications at existing that your comments are properly allows you to keep track of all formal Compressor Station 325 in Sussex recorded. issuances and submittals in specific County, New Jersey, including (1) You can file your comments dockets. This can reduce the amount of installation of one Solar Titan 130 electronically using the eComment time you spend researching proceedings turbine with an ISO rating of 20,500 feature on the Commission’s website by automatically providing you with horsepower and auxiliary facilities; and (www.ferc.gov) under the link to FERC notification of these filings, document • one new 19,000-horsepower Online. This is an easy method for summaries, and direct links to the electric-driven Compressor Station 327 submitting brief, text-only comments on documents. Go to https://www.ferc.gov/ and associated auxiliary facilities in a project; ferc-online/overview to register for Passaic County, New Jersey. (2) You can also file your comments eSubscription. The Commission mailed a copy of the electronically using the eFiling feature Notice of Availability to federal, state, Dated: February 19, 2021. on the Commission’s website Kimberly D. Bose, and local government representatives (www.ferc.gov) under the link to FERC and agencies; elected officials; Secretary. Online. With eFiling, you can provide environmental and public interest [FR Doc. 2021–04193 Filed 2–26–21; 8:45 am] comments in a variety of formats by groups; Native American tribes; BILLING CODE 6717–01–P attaching them as a file with your potentially affected landowners and submission. New eFiling users must other interested individuals and groups; first create an account by clicking on and newspapers and libraries in the ‘‘eRegister.’’ You must select the type of ENVIRONMENTAL PROTECTION project area. The EA is only available in filing you are making. If you are filing AGENCY electronic format. It may be viewed and a comment on a particular project, [FRL–10020–19–Region 10] downloaded from the FERC’s website please select ‘‘Comment on a Filing’’; or (www.ferc.gov), on the natural gas Proposed Modification of NPDES environmental documents page (https:// (3) You can file a paper copy of your comments by mailing them to the General Permit for Offshore Seafood www.ferc.gov/industries-data/natural- Processors in Alaska (AKG524000) gas/environment/environmental- Commission. Be sure to reference the documents). In addition, the EA may be project docket number (CP20–493–000) AGENCY: Environmental Protection accessed by using the eLibrary link on on your letter. Submissions sent via the Agency (EPA). U.S. Postal Service must be addressed the FERC’s website. Click on the ACTION: Modification of NPDES General eLibrary link (https://elibrary.ferc.gov/ to: Kimberly D. Bose, Secretary, Federal Permit. eLibrary/search), select ‘‘General Energy Regulatory Commission, 888 Search’’ and enter the docket number in First Street NE, Room 1A, Washington, SUMMARY: In June 2019, EPA Region 10 the ‘‘Docket Number’’ field (i.e., CP20– DC 20426. Submissions sent via any reissued a National Pollutant Discharge 493). Be sure you have selected an other carrier must be addressed to: Elimination System (NPDES) General appropriate date range. For assistance, Kimberly D. Bose, Secretary, Federal Permit for offshore seafood processors please contact FERC Online Support at Energy Regulatory Commission, 12225 operating in federal waters off the coast [email protected] or toll free Wilkins Avenue, Rockville, MD 20852. of Alaska. The permit, which became at (866) 208–3676, or for TTY, contact Filing environmental comments will effective on July 17, 2019, authorizes (202) 502–8659. not give you intervenor status, but you discharges of seafood processing waste The EA is not a decision document. do not need intervenor status to have from vessels that: Discharge at least 3 It presents Commission staff’s your comments considered. Only nautical miles (NM) or greater from the independent analysis of the intervenors have the right to seek Alaska shore; and, which engage in the environmental issues for the rehearing or judicial review of the processing of fresh, frozen, canned, Commission to consider when Commission’s decision. At this point in smoked, salted or pickled seafood, the addressing the merits of all issues in this proceeding, the timeframe for filing processing of mince, or the processing this proceeding. Any person wishing to timely intervention requests has of meal, paste and other secondary by- comment on the EA may do so. Your expired. Any person seeking to become products. On March 30, 2020, the comments should focus on the EA’s a party to the proceeding must file a Freezer Longline Coalition (FLC) disclosure and discussion of potential motion to intervene out-of-time requested that EPA modify the permit to environmental effects, reasonable pursuant to Rule 214(b)(3) and (d) of the allow for a currently-prohibited alternatives, and measures to avoid or Commission’s Rules of Practice and seasonal discharge (between June 10 lessen environmental impacts. The more Procedures (18 CFR 385.214(b)(3) and and December 31, the fleet’s ‘‘B specific your comments, the more useful (d)) and show good cause why the time Season’’) within 1 NM of wintering they will be. To ensure that the limitation should be waived. Motions to critical habitat (Unit 5) for the Commission has the opportunity to intervene are more fully described at spectacled eider. According to the FLC, consider your comments prior to https://www.ferc.gov/ferc-online/ferc- the requested modification is a result of making its decision on this project, it is online/how-guides. changing fish migration patterns and ice important that we receive your Additional information about the coverage in the Bering Sea, and is comments in Washington, DC on or project is available from the ‘‘necessary to ensure the continued before 5:00 p.m. Eastern Time on March Commission’s Office of External Affairs, commercial viability of its members.’’ 22, 2021. at (866) 208–FERC, or on the FERC While requested by FLC, a permit For your convenience, there are three website (www.ferc.gov) using the modification would apply to all vessels methods you can use to file your eLibrary link. The eLibrary link also covered under the Permit. EPA has comments to the Commission. The provides access to the texts of all formal tentatively decided to modify the permit Commission encourages electronic filing documents issued by the Commission, to allow for discharge within 1 NM of

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Unit 5 during the fleet’s B season. All EPA has conducted new analyses to 2060–0252) to the Office of Management other conditions of the permit will identify impacts to spectacled eiders and Budget (OMB) for review and remain unchanged. EPA is only and their critical habitat that could approval in accordance with the accepting comments on the modified result from the proposed modification, Paperwork Reduction Act. Before doing authorization for vessels to seasonally revised the previously concurred-upon so, EPA is soliciting public comments discharge within 1 NM of spectacled Biological Evaluation (BE), and on July on specific aspects of the proposed eider wintering critical habitat (Part 9, 2020, requested formal consultation information collection as described III.B.7 of the modified general permit). with USFWS under 50 CFR part 402. below. This is a proposed extension of Only the conditions subject to New analyses conducted in the BE have the ICR, which is currently approved modification are reopened for public led EPA to change its previous through October 31, 2021. An Agency comment. determination from not likely to may not conduct or sponsor and a DATES: Comments on the proposed adversely affect the federally threatened person is not required to respond to a modification must be received by March spectacled eider or its critical habitat to collection of information unless it 31, 2021. likely to adversely affect the species or displays a currently valid OMB control number. ADDRESSES: Comments on the proposed critical habitat. USFWS concurred on modification should be sent the EPA’s determination that the Permit DATES: Comments must be submitted on electronically to goodman.sally@ actions are likely to adversely affect or before April 30, 2021. epa.gov. species listed under the Endangered ADDRESSES: You may send comments, Species Act or designated critical identified by Docket ID No. EPA–HQ– FOR FURTHER INFORMATION CONTACT: habitat. The draft Biological Opinion, OAR–2008–0707, to the Federal Permit documents may be found on the received on November 10, 2020, eRulemaking Portal: https:// EPA Region 10 website at: https:// includes mitigations to minimize take www.regulations.gov/ (our preferred www.epa.gov/npdes-permits/npdes- and impact on species and habitat, method). Follow the online instructions general-permit-offshore-seafood- which are also included in the Permit. for submitting comments. processors-alaska. Copies of the draft They are: Permittees must create a Best Instructions: All submissions received modified general permit and fact sheet Management Practices Plan; discharges must include the Docket ID No. for this are also available upon request. are not authorized in certain protected rulemaking. Comments received may be Requests may be made to Audrey areas and habitats; vessels must be posted without change to https:// Washington at (206) 553–0523 or to moving while discharging; permittees www.regulations.gov/, including any Sally Goodman at (206) 553–0782. must conduct daily sea surface personal information provided. Do not Requests may also be electronically monitoring; and, EPA will use the submit any information you consider to mailed to: [email protected] information gathered from visual be Confidential Business Information or [email protected]. monitoring in evaluation during the (CBI) or other information whose SUPPLEMENTARY INFORMATION: next permit cycle. disclosure is restricted by statute. Out of I. General Information an abundance of caution for members of II. Other Legal Requirements the public and our staff, the EPA Docket There are currently 73 vessel This action is not a significant Center and Reading Room was closed to operators authorized to discharge under regulatory action and was therefore not public visitors on March 31, 2020, to the permit. In October 2019, FLC submitted to the Office of Management reduce the risk of transmitting COVID– reported to EPA that within the past two and Budget (OMB) for review. 19. Our Docket Center staff will fishing seasons, sea ice in the Bering Sea continue to provide remote customer had not reached as far south, formed Daniel D. Opalski, service via email, phone, and webform. later in the year, and persisted for a Director, Water Division, Region 10. We encourage the public to submit shorter duration, and that as a result, a [FR Doc. 2021–04105 Filed 2–26–21; 8:45 am] comments via https:// large percentage of the Pacific cod BILLING CODE 6560–50–P www.regulations.gov, as there is a population in the Bering Sea have temporary suspension of mail delivery migrated further north than previously to EPA, and no hand deliveries are found/harvested, including areas near ENVIRONMENTAL PROTECTION currently accepted. For further and within spectacled eider wintering AGENCY information on EPA Docket Center habitat. Under 40 CFR 122.62(a)(2), EPA services and the current status, please has tentatively decided to modify the [EPA–HQ–OAR–2008–0707; FRL–10020–44– visit us online at https://www.epa.gov/ permit. While FLC raised the issue of OAR] dockets. Pacific cod migrating into more Proposed Information Collection FOR FURTHER INFORMATION CONTACT: Joe northern reaches of the Bering Sea as a Request; Comment Request; Data Winkelmann, Office of Transportation primary motivation in their permit Reporting Requirements for State and and Air Quality, U.S. Environmental modification request, the modification Local Vehicle Emission Inspection and Protection Agency, 2000 Traverwood, allowing discharge within 1 NM of Unit Maintenance (I/M) Programs 5 would apply to all vessels covered Ann Arbor, Michigan 48105; telephone under EPA’s General Permit, which AGENCY: Environmental Protection number: 734–214–4255; email address: include both hook and line (‘‘longline’’) Agency (EPA). [email protected]. and trawl catcher processors, and would ACTION: Notice. SUPPLEMENTARY INFORMATION: not be conditioned upon targeted Supporting documents which explain in species. The At-Sea Processors SUMMARY: The Environmental Protection detail the information that the EPA will Association, which represents trawl Agency is planning to submit an be collecting are available in the public catcher processor vessels, has indicated information collection request (ICR), docket for this ICR. The docket can be that up to 12 pelagic trawlers could ‘‘Data Reporting Requirements for State viewed online at www.regulations.gov. potentially target pollock within 1 NM and Local Vehicle Emission Inspection The EPA is temporarily suspending its of Unit 5, assuming the permit is and Maintenance (I/M) Programs’’ (EPA Docket Center and Reading Room for modified. ICR No.1613.07, OMB Control No. public visitors to reduce the risk of

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transmitting COVID–19. Our Docket program misses, meets, or exceeds the SUMMARY: The Environmental Protection Center staff will continue to provide emission reductions committed to in the Agency (EPA) has submitted an remote customer service via email, state’s approved SIP, which, in turn, information collection request (ICR), phone, and webform. For further must meet or exceed the minimum Modification of Secondary Treatment information and updates on EPA Docket emission reductions expected from the Requirements for Discharges into Center services, please visit us online at relevant performance standard, as Marine Waters (EPA ICR Number https://www.epa.gov/dockets. promulgated under 40 CFR part 51, 0138.12, OMB Control Number 2040– Pursuant to section 3506(c)(2)(A) of subpart S, in response to requirements 0088) to the Office of Management and the Paperwork Reduction Act (PRA), established in section 182 of the Clean Budget (OMB) for review and approval EPA is soliciting comments and Air Act. This information is used by in accordance with the Paperwork information to enable it to: (i) Evaluate EPA to determine a program’s progress Reduction Act. Public comments were whether the proposed collection of toward meeting requirements under 40 previously requested via the Federal information is necessary for the proper CFR part 51, subpart S, and to provide Register on August 10, 2020, during a performance of the functions of the background information in support of 60-day comment period. This notice Agency, including whether the program evaluations. Additional allows for an additional 30 days for information will have practical utility; information regarding the current public comments. A fuller description (ii) evaluate the accuracy of the renewal of this ICR as well as previous of the ICR is given below, including its Agency’s estimate of the burden of the renewals can be found in Docket ID No. estimated burden and cost to the public. proposed collection of information, EPA–HQ–OAR–2008–0707. An agency may not conduct or sponsor including the validity of the The following statistics and responses and a person is not required to respond methodology and assumptions used; apply to the ICR proposed for renewal. to a collection of information unless it (iii) enhance the quality, utility, and Form Numbers: None. displays a currently valid OMB control clarity of the information to be Respondents/affected entities: State I/ number. collected; and (iv) minimize the burden M program managers. DATES: Additional comments may be of the collection of information on those Respondent’s obligation to respond: submitted on or before March 31, 2021. who are to respond, including through Mandatory (40 CFR 51.366). ADDRESSES: Submit your comments to the use of appropriate automated Estimated number of respondents: 26 EPA, referencing Docket ID No. EPA– electronic, mechanical, or other (total). HQ–OW–2003–0033, online using technological collection techniques or Frequency of response: Annual and www.regulations.gov (our preferred other forms of information technology, biennial. method), by email to OW-Docket@ e.g., permitting electronic submission of Total estimated burden: 2,236 hours epa.gov, or by mail to: EPA Docket responses. EPA will consider the (per year). Burden is defined at 5 CFR Center, Environmental Protection comments received and amend the ICR 1320.03(b). Agency, Mail Code 28221T, 1200 as appropriate. The final ICR package Total estimated cost: $148,824 (per Pennsylvania Ave. NW, Washington, DC will then be submitted to OMB for year), includes $0 annualized capital or 20460. EPA’s policy is that all review and approval. At that time, EPA operation and maintenance costs. comments received will be included in will issue another Federal Register Changes in Estimates: There is a the public docket without change notice to announce the submission of decrease of 172 hours in the total including any personal information the ICR to OMB and the opportunity to estimated respondent burden compared provided, unless the comment includes submit additional comments to OMB. with the ICR currently approved by profanity, threats, information claimed Abstract: Clean Air Act section 182 OMB due to a reduction in the number to be Confidential Business Information and EPA’s regulations (40 CFR part 51, (CBI), or other information whose subpart S) establish the requirements for of respondents covered by the collection. disclosure is restricted by statute. state and local inspection and Submit written comments and maintenance (I/M) programs that are Dated: February 24, 2021. recommendations to OMB for the included in state implementation plans Michael Moltzen, proposed information collection within (SIPs). To provide general oversight and Deputy Director, Transportation and Climate 30 days of publication of this notice to support to these programs, EPA requires Division, Office of Transportation and Air www.reginfo.gov/public/do/PRAMain. that state agencies with basic and Quality. Find this particular information enhanced I/M programs collect two [FR Doc. 2021–04255 Filed 2–26–21; 8:45 am] collection by selecting ‘‘Currently under varieties of reports for submission to the BILLING CODE 6560–50–P 30-day Review—Open for Public Agency: • Comments’’ or by using the search An annual report providing general function. program operating data and summary ENVIRONMENTAL PROTECTION statistics, addressing the program’s AGENCY FOR FURTHER INFORMATION CONTACT: current design and coverage, a summary Virginia Fox-Norse, Oceans, Wetlands of testing data, enforcement program [EPA–HQ–OW–2003–0033; FRL–10020–95– and Communities Division, Office of efforts, quality assurance and quality OMS] Water, (4504T), Environmental control efforts, and other miscellaneous Protection Agency, 1200 Pennsylvania Information Collection Request information allowing for an assessment Ave. NW, Washington, DC 20460; Submitted to OMB for Review and of the program’s relative effectiveness; telephone number: 202 566–1266; email Approval; Comment Request; and address: [email protected]. Modification of Secondary Treatment • A biennial report on any changes to SUPPLEMENTARY INFORMATION: the program over the two-year period Requirements for Discharges Into Supporting documents, which explain and the impact of such changes, Marine Waters (Renewal) in detail the information that EPA will including any deficiencies discovered AGENCY: Environmental Protection be collecting, are available in the public and corrections made or planned. Agency (EPA). docket for this ICR. The docket can be General program effectiveness is viewed online at www.regulations.gov ACTION: Notice. determined by the degree to which a or in person at EPA Docket Center, EPA

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West, Room 3334, 1301 Constitution following a tentative decision by EPA to Response, Compensation and Liability Ave. NW, Washington, DC. The deny the modified permit request. In its Act (CERCLA), the United States telephone number for the Docket Center application revision, the POTW usually Environmental Protection Agency (EPA) is 202–566–1744. For additional corrects deficiencies and changes has modified an existing settlement information about EPA’s public docket, proposed treatment levels as well as entered by the EPA and Prospective visit http://www.epa.gov/dockets. outfall and diffuser locations. The Purchaser (PP) Highland Resources for Abstract: Regulations implementing application revision is a voluntary the Koppers Co., Inc. (Charleston Plant) section 301(h) of the Clean Water Act submission for the applicant. (4) State Superfund National Priorities List (NPL) (CWA) are found at 40 CFR part 125, determination and state certification Site (‘‘Site’’) in Charleston, Charleston subpart G. This CWA section allows for information: The state determines County, South Carolina. The existing a case-by-case review of treatment whether all state laws are satisfied. Administrative Agreement on Consent requirements for publicly owned Additionally, the state must determine (AOC) (CERCLA Docket No. 2018–3762) treatment works (POTW) discharges to if the applicant’s discharge will result in became effective on March 11, 2019. HR marine waters. Eligible POTW additional treatment, pollution control, Charleston VII, LLC agreed to perform applicants that met the set of or any other requirement for any other work at the Koppers Superfund Site to environmentally stringent criteria point or nonpoint sources. This process support redevelopment. This received a modified National Pollutant allows the state’s views to be considered modification adds a newly acquired Discharge Elimination System (NPDES) when EPA reviews the application and parcel which was not previously permit waiving secondary treatment develops permit conditions. included in the agreement. requirements. CWA section 301(h) only Form numbers: None. DATES: The Agency will consider public applies to the 25 POTWs that applied by Respondents/affected entities: comments on the settlement until March December 29, 1982, that currently hold Municipalities that currently have CWA 31, 2021. The Agency will consider all modified permits and the six states in section 301(h) modifications from comments received and may modify or which the POTWs are located. No new secondary treatment, or have applied for withdraw its consent to the modified applications are accepted. a renewal of a CWA section 301(h) settlement if comments received The CWA section 301(h) program modified permit, and the states within disclose facts or considerations which involves collecting information from which these municipalities are located. indicate that the settlement is municipal wastewater treatment Respondent’s obligation to respond: inappropriate, improper, or inadequate. facilities (POTWs), and the state in Required to obtain or retain a benefit. which the POTW is located. A POTW Estimated number of respondents: 31 ADDRESSES: Copies of the settlement are holding a modified permit or reapplying (total). available from the Agency by contacting for a modification provides application, Frequency of response: From once Ms. Paula V. Painter, Program Analyst, monitoring, and toxic control program every five years, to varies case-by-case, using the contact information provided information. The state provides depending on the category of in this notice. Comments may also be information on its determination information. submitted by referencing the Site’s whether the discharge under the Total estimated burden: 44,985 hours name through one of the following proposed conditions of the modified (per year). Burden is defined at 5 CFR methods: permit ensures the protection of water 1320.3(b). Internet: https://www.epa.gov/ quality, biological habitats, and Total estimated cost: $1,300,339 (per aboutepa/about-epa-region-4- beneficial uses of receiving waters and year), includes $0 annualized capital or southeast#r4-public-notices. whether the discharge will result in operation & maintenance costs. Email: [email protected]. additional treatment, pollution control, Changes in the estimates: There is an FOR FURTHER INFORMATION CONTACT: or any other requirement for any other increase of hours in the total estimated Paula V. Painter at 404/562–8887. point or nonpoint sources. The state respondent burden compared with the Dated: January 21, 2021. ICR currently approved by OMB. This also provides information to certify that Maurice Horsey, the discharge will meet all applicable increase is due to changes in respondent universe, program status, information Chief, Enforcement Branch, Superfund & state laws and that the state accepts all Emergency Management Division. permit conditions. needs, and use of technology. [FR Doc. 2021–04128 Filed 2–26–21; 8:45 am] There are four situations where Courtney Kerwin, information will be required: (1) A BILLING CODE 6560–50–P POTW reapplying for a CWA section Director, Regulatory Support Division. 301(h) modified permit. As the permits [FR Doc. 2021–04095 Filed 2–26–21; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION with section 301(h) modifications reach AGENCY their expiration dates, EPA must have updated information on the discharge to [FRL–10020–66–Region 8] determine whether criteria are still ENVIRONMENTAL PROTECTION being met and whether the modified AGENCY Clean Air Act Operating Permit permit should be reissued. (2) Once a [CERCLA–04–2018–3762; FRL 10019–53– Program: Petitions for Objection to modified permit has been granted, EPA Region 4] State Operating Permit for Hunter must continue to assess whether the Power Plant (Emery County, Utah) and discharge is meeting the CWA criteria, KOPPERS CO., Inc. (Charleston Plant), State Operating Permit for Coyote and that the receiving water quality, Charleston, North Carolina; Notice of Station Power Plant (Mercer County, biological habitats, and beneficial uses Modified Settlement North Dakota) of the receiving waters are protected. To AGENCY: Environmental Protection AGENCY: Environmental Protection do this, EPA needs monitoring and Agency (EPA). Agency (EPA). toxics control information furnished by ACTION: Notice of Modified Settlement. ACTION: Notice of final orders on the permittee. (3) Application revision petitions to object to state operating information: A POTW is allowed to SUMMARY: Under 122(h) of the permits. revise its application one time only, Comprehensive Environmental

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SUMMARY: The EPA Administrator impracticable to raise these issues The Orders issued on January 13, signed orders, dated January 13, 2021, during the comment period or the 2021, and January 15, 2021, explain and January 15, 2021, denying the grounds for the issues arose after this EPA’s basis for denying the petitions. petitions submitted on separate period. Pursuant to sections 307(b) and Dated: February 23, 2021. permitting actions in Utah and North 505(b)(2) of the Act, a petition for Debra Thomas, Dakota, respectively. The January 13, judicial review of those portions of the Acting Regional Administrator, Region 8. 2021 Order pertains to two petitions Order that deny issues in the petition submitted by the Sierra Club requesting may be filed in the United States Court [FR Doc. 2021–04127 Filed 2–26–21; 8:45 am] that EPA object to the issuance of the of Appeals for the appropriate circuit BILLING CODE 6560–50–P Clean Air Act (CAA) title V operating within 60 days from the date this permit issued to the Hunter Power Plant document appears in the Federal ENVIRONMENTAL PROTECTION in Castle Dale, Emery County, Utah, by Register. AGENCY the Utah Department of Environmental Quality, Division of Air Quality State Operating Permit for Hunter [EPA–HQ–OW–2021–0128; FRL–10020–81– (UDAQ). The January 13, 2021 Order Power Plant (Emery County, Utah) OW] responds to Sierra Club’s April 11, 2016 EPA received petitions from the Sierra petition regarding title V operating Club, requesting that EPA object to the Proposed Information Collection permit # 1500101002 (2016 Permit), and 2016 Permit and the 2020 Permit for the Request; Comment Request; Clean Sierra Club’s October 20, 2020 petition Hunter Power Plant. Among other Watersheds Needs Survey (CWNS) regarding title V operating permit # things, the Sierra Club claims that the (Reinstatement) 1500101004 (2020 Permit). The January 2016 and 2020 Permits are deficient AGENCY: Environmental Protection 15, 2021 Order responds to petitions because they do not include Prevention Agency (EPA). submitted by Casey and Julie Voigt of Significant Deterioration (PSD) ACTION: Notice. requesting that EPA object to the title V permitting requirements. More operating permit issued to the Coyote specifically, the Sierra Club asserts that SUMMARY: The Environmental Protection Station Power Plant in Beulah, Mercer Best Achievable Control Technology Agency (EPA) is planning to submit an County, North Dakota, by the North requirements as well as terms and information collection request (ICR), Dakota Department of Environmental conditions necessary to adequately ‘‘Clean Watersheds Needs Survey Quality (NDDEQ). protect national ambient air quality (CWNS) (Reinstatement)’’ (EPA ICR No. The Orders constitute final actions on standards and PSD increments are 0318.14, OMB Control No. 2040–0050) the petitions. required. EPA denied the 2016 petition to the Office of Management and Budget ADDRESSES: You may review copies of on October 16, 2017; however, the (OMB) for review and approval in the Orders and petitions electronically Sierra Club sought judicial review of a accordance with the Paperwork at https://www.epa.gov/title-v-operating- portion of the 2017 Order in the United Reduction Act (PRA). Before doing so, permits/title-v-petition-database. To States Court of Appeals for the Tenth EPA is soliciting public comments on reduce the risk of COVID–19 Circuit. On July 2, 2020, the Tenth specific aspects of the proposed transmission, for this action we do not Circuit issued a decision vacating and information collection as described plan to offer hard copy review of these remanding the 2017 Order. EPA’s below. This is a reinstatement of the documents or other supporting January 13, 2021 Order responds to the ICR. An Agency may not conduct or information. Please email or call the Tenth Circuit’s decision, replaces the sponsor and a person is not required to person listed in the FOR FURTHER vacated portion of EPA’s 2017 Order, respond to a collection of information INFORMATION CONTACT section if you and separately responds to the 2020 unless it displays a currently valid OMB need to make alternative arrangements Petition. control number. for access to the documents. On January 13, 2021, the DATES: Comments must be submitted on FOR FURTHER INFORMATION CONTACT: Gail Administrator issued an Order denying or before April 30, 2021. Fallon, Air Permitting and Monitoring the petitions, but directing UDAQ to ADDRESSES: Submit your comments, Branch (8ARD–PM), EPA Region 8, 1595 reopen the 2020 Permit for cause. referencing Docket ID No. EPA–HQ– Wynkoop Street, Denver, Colorado, OW–2021–0128 online using State Operating Permit for Coyote 80202–1129. Phone: (303) 312–6281. www.regulations.gov (our preferred Station Power Plant (Mercer County, Email: [email protected]. method) or by mail to: EPA Docket North Dakota) SUPPLEMENTARY INFORMATION: The CAA Center, Environmental Protection affords EPA a 45-day period to review EPA received petitions from the Agency, Mail Code 28221T, 1200 and, as appropriate, the authority to Voigts, requesting that EPA object to the Pennsylvania Ave. NW, Washington, DC object to operating permits proposed by title V permit for the Coyote Station 20460. state permitting authorities under title V Power Plant. The Voigts allege that the EPA’s policy is that all comments of the CAA, 42. U.S.C. 7661–7661f. permit fails to ensure compliance with received will be included in the public Section 505(b)(2) of the CAA and 40 applicable requirements under the CAA docket without change including any CFR 70.8(d) authorize any person to in that: (1) The Coyote Station Power personal information provided, unless petition the EPA Administrator to object Plant and the nearby Coyote Creek Mine the comment includes profanity, threats, to a title V operating permit within 60 should be considered a single source for information claimed to be Confidential days after the expiration of EPA’s 45- title V and New Source Review Business Information (CBI) or other day review period if EPA has not preconstruction permitting purposes; information whose disclosure is objected on its own initiative. Petitions and (2) the permit fails to include restricted by statute. must be based only on objections to the appropriate CAA requirements for the FOR FURTHER INFORMATION CONTACT: permit that were raised with reasonable mine, the mine’s coal processing plant, Elisabeth Schlaudt, Office of Water, specificity during the public comment and the power plant. On January 15, State Revolving Fund Branch, (4204M), period provided by the state, unless the 2021, the Administrator issued an Order Environmental Protection Agency, 1200 petitioner demonstrates that it was denying the petition. Pennsylvania Ave. NW, Washington, DC

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20460; telephone number: 202–564– effort between EPA and the states. The amended, notice is hereby given that the 8934; email address: CWNS collects cost and technical data Appraisal Subcommittee (ASC) will [email protected]. from states that are associated with meet in open session for its regular SUPPLEMENTARY INFORMATION: publicly owned treatment works meeting: Supporting documents which explain in (POTWs) and other water pollution Location: Due to the COVID–19 detail the information that the EPA will control facilities, existing and planned. Pandemic, the meeting will be open to be collecting are available in the public The respondents who provide this the public via live webcast only. Visit docket for this ICR. The docket can be information to EPA are state agencies the agency’s homepage (www.asc.gov) viewed online at www.regulations.gov responsible for environmental pollution and access the provided registration link or in person at the EPA Docket Center, control and local facility contacts who in the What’s New box. You MUST WJC West, Room 3334, 1301 provide documentation to the states. register in advance to attend this Constitution Ave. NW, Washington, DC. Periodically, the states request data or Meeting. The telephone number for the Docket documentation from contacts at the Date: March 10, 2021. Center is 202–566–1744. EPA is facility or local government level. These Time: 10 a.m. ET. temporarily suspending its Docket respondents are referred to as facilities. Status: Open. Center and Reading Room for public No confidential information is used, visitors, with limited exceptions, to nor is sensitive information protected Reports reduce the risk of transmitting COVID– from release under the Public Chairman 19. Our Docket Center staff will Information Act. EPA achieves national Executive Director continue to provide remote customer consistency in the final results through Grants Director the application of uniform guidelines service via email, phone, and webform. Financial Manager For additional information about EPA’s and validation techniques. public docket, visit http://www.epa.gov/ Form Numbers: None. Action and Discussion Items Respondents/affected entities: States, dockets. Approval of Minutes Pursuant to section 3506(c)(2)(A) of Territories, and Local Facilities. Respondent’s obligation to respond: September 9, 2020 Open Session the PRA (44 U.S.C. 3501 et seq.), EPA October 5, 2020 Special Meeting is soliciting comments and information Voluntary. 2020 ASC Annual Report to enable it to: (i) Evaluate whether the Estimated number of respondents: 56 Approval of Cooperative Agreement for proposed collection of information is States and Territories, 5,349 Local training and technical assistance necessary for the proper performance of Facilities (total). the functions of the Agency, including Frequency of response: Every 4 years. How To Attend and Observe an ASC whether the information will have Total estimated burden: 9,645 hours Meeting: Due to the COVID–19 practical utility; (ii) evaluate the (per year). Burden is defined at 5 CFR Pandemic, the meeting will be open to accuracy of the Agency’s estimate of the 1320.03(b). the public via live webcast only. Visit burden of the proposed collection of Total estimated cost: $505,004 (per the agency’s homepage (www.asc.gov) information, including the validity of year), includes $0 annualized capital or and access the provided registration link the methodology and assumptions used; operation & maintenance costs. in the What’s New box. The meeting Changes in Estimates: There is an (iii) enhance the quality, utility, and space is intended to accommodate increase of 541 hours and $134,820 in clarity of the information to be public attendees. However, if the space the total estimated respondent burden collected; and (iv) minimize the burden will not accommodate all requests, the compared with the ICR previously of the collection of information on those ASC may refuse attendance on that approved by OMB. This increase is who are to respond, including through reasonable basis. The use of any video based upon an increase in facility the use of appropriate automated or audio tape recording device, universe, as well as an adjustment in electronic, mechanical, or other photographing device, or any other labor rates and benefits. technological collection techniques or electronic or mechanical device other forms of information technology, Dated: February 18, 2021. designed for similar purposes is e.g., permitting electronic submission of Andrew D. Sawyers, prohibited at ASC Meetings. responses. EPA will consider the Director, Office of Wastewater Management. James R. Park, comments received and amend the ICR [FR Doc. 2021–04197 Filed 2–26–21; 8:45 am] Executive Director. as appropriate. The final ICR package BILLING CODE 6560–50–P will then be submitted to OMB for [FR Doc. 2021–04073 Filed 2–26–21; 8:45 am] review and approval. At that time, EPA BILLING CODE 6700–01–P will issue another Federal Register FEDERAL FINANCIAL INSTITUTIONS notice to announce the submission of EXAMINATION COUNCIL the ICR to OMB and the opportunity to FEDERAL HOUSING FINANCE submit additional comments to OMB. [Docket No. AS21–02] AGENCY Abstract: The Clean Watersheds Appraisal Subcommittee; Notice of Needs Survey (CWNS) is required by meeting Clean Water Act (CWA) Sections 205(a) [No. 2021–N–2] and 516. It is a periodic inventory of AGENCY: Appraisal Subcommittee of the Federal Home Loan Bank Community existing and planned publicly owned Federal Financial Institutions Support Program—Opportunity To wastewater conveyance and treatment Examination Council. Comment on Members Subject To facilities, combined sewer overflow ACTION: Notice of Meeting. Review correction, stormwater management and other water pollution control facilities Description: In accordance with AGENCY: Federal Housing Finance in the United States, as well as an Section 1104 (b) of Title XI of the Agency. estimate of how many of these facilities Financial Institutions Reform, Recovery, ACTION: Notice. need to be built. The CWNS is a joint and Enforcement Act of 1989, as

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SUMMARY: The Federal Housing Finance community support requirements and Federal Home Loan Bank of Agency (FHFA) is announcing that are not subject to periodic community Pittsburgh—District 3 (Delaware, FHFA will review all applicable Federal support review, unless the CDFI Pennsylvania, West Virginia) https:// Home Loan Bank (Bank) members in member is also an insured depository www.fhlb-pgh.com/Files/Resources/ 2021 under FHFA’s community support institution or a CDFI credit union. 12 CSS.pdf requirements regulation. This Notice CFR 1290.2(d). In addition, FHFA will Federal Home Loan Bank of Atlanta— invites the public to comment on the not review an institution’s community District 4 (Alabama, District of community support performance of support performance until it has been a Columbia, Florida, Georgia, Maryland, individual members. Bank member for at least one year. 12 North Carolina, South Carolina, DATES: Public comments on individual CFR 1290.2(e). Virginia) https://corp.fhlbatl.com/ Bank members’ community support Under the regulation, FHFA reviews community-support-program/ performance must be submitted to each applicable member once every two Federal Home Loan Bank of FHFA on or before March 31, 2021. years. Starting April 1, 2021, each Cincinnati—District 5 (Kentucky, ADDRESSES: Comments on members’ member that is subject to community Ohio, Tennessee) https:// community support performance should support review will be required to www.fhlbcin.com be submitted to FHFA by electronic submit a completed Community Federal Home Loan Bank of mail at Support Statement to FHFA. All Indianapolis—District 6 (Indiana, hmgcommunitysupportprogram@ Community Support Statements for this Michigan) https://www.fhlbi.com/ fhfa.gov or by fax to 202–649–4308. review cycle must be submitted by products-services/community- FOR FURTHER INFORMATION CONTACT: October 29, 2021. FHFA will review the investment-and-housing Deattra Perkins, Senior Policy Analyst, community support performance of Federal Home Loan Bank of Chicago— at hmgcommunitysupportprogram@ each member after receiving the District 7 (Illinois, Wisconsin) https:// fhfa.gov, Division of Housing Mission member’s completed Community fhlbc.com/community-investment/ and Goals, Federal Housing Finance Support Statement. community-support-program Federal Home Loan Bank of Des Agency, Ninth Floor, 400 Seventh Street II. Public Comments SW, Washington, DC 20219. Moines—District 8 (Alaska, Guam, FHFA encourages the public to Hawaii, Idaho, Iowa, Minnesota, SUPPLEMENTARY INFORMATION: submit comments by March 31, 2021, on Missouri, Montana, North Dakota, I. Community Support Review the community support performance of Oregon, South Dakota, Utah, Section 10(g)(1) of the Federal Home Bank members. Each Bank is required to Washington, Wyoming) https:// Loan Bank Act (Bank Act) requires post a notice on its public website and www.fhlbdm.com/news/business- FHFA to promulgate regulations to notify its Advisory Council, nonprofit news/2021-community-support- establishing standards of community housing developers, community groups, statement/ investment or service that Bank and other interested parties in its Federal Home Loan Bank of Dallas— members must meet in order to district of the opportunity to submit District 9 (Arkansas, Louisiana, maintain access to long-term Bank comments on the community support Mississippi, New Mexico, Texas) advances. See 12 U.S.C. 1430(g)(1). The programs and activities of Bank https://www.fhlb.com/membership/ regulations promulgated by FHFA must members, with the name and address of community-support-program take into account factors such as the each member subject to community Federal Home Loan Bank of Topeka— Bank member’s performance under the support review. 12 CFR 1290.2(c)(1). In District 10 (Colorado, Kansas, Community Reinvestment Act of 1977 reviewing a member for community Nebraska, Oklahoma) https:// (CRA), 12 U.S.C. 2901 et seq., and the support compliance, FHFA will www.fhlbtopeka.com/community- Bank member’s record of lending to consider any public comments it has programs-community-support- first-time homebuyers. See 12 U.S.C. received concerning the member. 12 statements 1430(g)(2). Pursuant to section 10(g) of CFR 1290.2(c)(3). To ensure Federal Home Loan Bank of San the Bank Act, FHFA has promulgated a consideration by FHFA, comments Francisco—District 11 (Arizona, community support requirements concerning the community support California, Nevada) www.fhlbsf.com/ regulation that establishes standards a performance of members being reviewed community-programs/community- Bank member must meet in order to in 2021 must be submitted to FHFA, support-review either by electronic mail to maintain access to long-term advances, Mark A. Calabria, hmgcommunitysupportprogram@ and establishes review criteria FHFA Director, Federal Housing Finance Agency. must apply in evaluating a member’s fhfa.gov, or by fax to 202–649–4308, on [FR Doc. 2021–04119 Filed 2–26–21; 8:45 am] community support performance. See or before March 31, 2021. 12 CFR 12 CFR part 1290. The regulation 1290.2(c)(2). BILLING CODE 8070–01–P includes standards and criteria for the The names of applicable members two statutory factors—members’ CRA currently subject to Community Support performance and members’ record of review can be found on the public FEDERAL RESERVE SYSTEM websites for the individual Banks at: lending to first-time homebuyers. 12 Formations of, Acquisitions by, and CFR 1290.3. Only members subject to Federal Home Loan Bank of Boston— Mergers of Bank Holding Companies the CRA must meet the CRA standard. District 1 (Connecticut, 12 CFR 1290.3(b). All members subject Massachusetts, New Hampshire, The companies listed in this notice to community support review, including Rhode Island, Vermont) https:// have applied to the Board for approval, those not subject to the CRA, must meet www.fhlbboston.com/fhlbank-boston/ pursuant to the Bank Holding Company the first-time homebuyer standard. 12 hci-community-support#/ Act of 1956 (12 U.S.C. 1841 et seq.) CFR 1290.3(c). Members that have been Federal Home Loan Bank of New York— (BHC Act), Regulation Y (12 CFR part certified as community development District 2 (New Jersey, New York, 225), and all other applicable statutes financial institutions (CDFIs) are Puerto Rico) https://www.fhlbny.com/ and regulations to become a bank deemed to be in compliance with the holding company and/or to acquire the

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assets or the ownership of, control of, or DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION: Under the the power to vote shares of a bank or HUMAN SERVICES Paperwork Reduction Act of 1995 (PRA) bank holding company and all of the (44 U.S.C. 3501–3520), Federal agencies banks and nonbanking companies Centers for Disease Control and must obtain approval from the Office of owned by the bank holding company, Prevention Management and Budget (OMB) for each including the companies listed below. [60Day–21–1039; Docket No. CDC–2021– collection of information they conduct or sponsor. In addition, the PRA also The public portions of the 0013] requires Federal agencies to provide a applications listed below, as well as Proposed Data Collection Submitted 60-day notice in the Federal Register other related filings required by the for Public Comment and concerning each proposed collection of Board, if any, are available for Recommendations information, including each new immediate inspection at the Federal proposed collection, each proposed AGENCY: Centers for Disease Control and Reserve Bank(s) indicated below and at extension of existing collection of the offices of the Board of Governors. Prevention (CDC), Department of Health and Human Services (HHS). information, and each reinstatement of This information may also be obtained previously approved information ACTION: on an expedited basis, upon request, by Notice with comment period. collection before submitting the contacting the appropriate Federal SUMMARY: The Centers for Disease collection to the OMB for approval. To Reserve Bank and from the Board’s Control and Prevention (CDC), as part of comply with this requirement, we are Freedom of Information Office at its continuing effort to reduce public publishing this notice of a proposed https://www.federalreserve.gov/foia/ burden and maximize the utility of data collection as described below. request.htm. Interested persons may government information, invites the The OMB is particularly interested in express their views in writing on the general public and other Federal comments that will help: standards enumerated in the BHC Act agencies the opportunity to comment on 1. Evaluate whether the proposed (12 U.S.C. 1842(c)). a proposed and/or continuing collection of information is necessary information collection, as required by for the proper performance of the Comments regarding each of these functions of the agency, including applications must be received at the the Paperwork Reduction Act of 1995. This notice invites comment on a whether the information will have Reserve Bank indicated or the offices of practical utility; the Board of Governors, Ann E. proposed information collection project titled Cause-Specific Absenteeism in 2. Evaluate the accuracy of the Misback, Secretary of the Board, 20th Schools and Evaluation of Influenza agency’s estimate of the burden of the Street and Constitution Avenue NW, Transmission within Student proposed collection of information, Washington, DC 20551–0001, not later Households. This collection is designed including the validity of the than March 31, 2021. as an evaluation of cause-specific methodology and assumptions used; 3. Enhance the quality, utility, and A. Federal Reserve Bank of Cleveland absenteeism in school and evaluation of clarity of the information to be (Mary S. Johnson, Vice President) 1455 influenza and SARS–CoV–2 within collected; and East Sixth Street, Cleveland, Ohio student households. 4. Minimize the burden of the 44101–2566. Comments can also be sent DATES: CDC must receive written collection of information on those who electronically to comments on or before April 30, 2021. are to respond, including through the [email protected]: ADDRESSES: You may submit comments, use of appropriate automated, 1. Eagle Financial Bancorp, identified by Docket No. CDC–2021– electronic, mechanical, or other 0013 by any of the following methods: technological collection techniques or Cincinnati, Ohio; to become a bank • holding company by acquiring EAGLE Federal eRulemaking Portal: other forms of information technology, Bank, also of Cincinnati, Ohio. Regulations.gov. Follow the instructions e.g., permitting electronic submissions for submitting comments. B. Federal Reserve Bank of St. Louis • of responses. Mail: Jeffrey M. Zirger, Information 5. Assess information collection costs. (David L. Hubbard, Senior Manager) Collection Review Office, Centers for P.O. Box 442, St. Louis, Missouri Disease Control and Prevention, 1600 Proposed Project 63166–2034. Comments can also be sent Clifton Road NE, MS–D74, Atlanta, Cause-Specific Absenteeism in electronically to Georgia 30329. Schools and Evaluation of Influenza [email protected]: Instructions: All submissions received Transmission within Student 1. Southern Bancorp, Inc., must include the agency name and Households (OMB Control No. 0920– Arkadelphia, Arkansas; to merge with Docket Number. CDC will post, without 1039, Exp. 3/31/2021)—Reinstatement change, all relevant comments to DeWitt First Bankshares Corporation, with Change—National Center for Regulations.gov. Emerging and Zoonotic Infectious and thereby indirectly acquire Arkansas Please note: Submit all comments County Bank, both of DeWitt, Arkansas. Diseases (NCEZID), Centers for Disease through the Federal eRulemaking portal Control and Prevention (CDC). Board of Governors of the Federal Reserve (regulations.gov) or by U.S. mail to the System, February 24, 2021. address listed above. Background and Brief Description Michele Taylor Fennell, FOR FURTHER INFORMATION CONTACT: To This information collection aims to Deputy Assistant Secretary of the Board. request more information on the improve our understanding of the role [FR Doc. 2021–04160 Filed 2–26–21; 8:45 am] proposed project or to obtain a copy of of influenza-like illness (ILI)-specific the information collection plan and absenteeism in schools in predicting BILLING CODE P instruments, contact Jeffrey M. Zirger, community-wide influenza transmission Information Collection Review Office, and to detect within-household Centers for Disease Control and transmission of influenza in households Prevention, 1600 Clifton Road NE, MS– from which a student has been absent D74, Atlanta, Georgia 30329; phone: from school due to ILI. Insights gained 404–639–7570; Email: [email protected]. from this information collection will be

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used to strengthen the evidence-base of of ILI may serve as an additional layer have school-age children, as well as CDC’s Pre-Pandemic Guidance prior to of influenza surveillance and could within-household influenza the next pandemic. contribute to understanding of influenza transmission. School children are frequently the transmission dynamics within the CDC requests a three-year approval for main introducers of influenza to their surrounding community. This aims to this Reinstatment. Estimated annualized families. Evaluating influenza enhance current knowledge and burden hours requested for this transmission within households where understanding around the introduction collection are 449. There is no cost to students are absent from school because of influenza infection to households that respondents other than their time.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Parent/guardians of students or stu- Screening Form ...... 345 1 5/60 29 dents 18 or older. Parent/guardians of students or stu- Acute Respiratory Infection and In- 300 1 15/60 75 dents 18 or older. fluenza Surveillance Form. Student ...... Biospecimen Collection Day 0 ...... 300 1 5/60 25 Household Members ...... Household Study Form Days 0, 7, 720 3 5/60 120 14. Parent/guardians of students or stu- Household Study Form Days 7, 14 300 2 5/60 80 dents 18 or older. Household Members ...... Biospecimen Collection Days 0, 7, 720 3 5/60 120 14.

Total ...... 449

Jeffrey M. Zirger, Eligible Hospitals and Critical Access II. Provisions of the Notice Lead, Information Collection Review Office, Hospitals—formerly Meaningful Use Office of Scientific Integrity, Office of Science, (PI). CMS will no longer provide This notice withdraws the solicitation Centers for Disease Control and Prevention. support through a cooperative notice that we published in the Federal [FR Doc. 2021–04179 Filed 2–26–21; 8:45 am] agreement in its planning, technical Register on January 5, 2021. For this BILLING CODE 4163–18–P assistance, and reporting needs related Notice of Funding Opportunity, CMS to submission of a fully developed and will no longer accept an application for tested radiology measures to the 2021 development of radiology electronic DEPARTMENT OF HEALTH AND Measures Under Consideration (MUC) clinical quality measures (eCQM) that HUMAN SERVICES List in May 2021. fill an existing gap or need and are high impact. Centers for Medicare & Medicaid DATES: The notice published at 86 FR Services 306 on January 5, 2021, is withdrawn as III. Collection of Information of February 25, 2021. Requirements Notice of Withdrawal of Development of Computed Tomography (CT) Image FOR FURTHER INFORMATION CONTACT: This document does not impose Quality and Safety Hospital Measures Janis Grady, (410) 786–7217, for information collection requirements, Funding Opportunity programmatic questions or concerns. that is, reporting, recordkeeping or third-party disclosure requirements. AGENCY: Centers for Medicare & Monica Anderson, (410) 786–2988, for administrative and compliance Consequently, there is no need for Medicaid Services (CMS), Department review by the Office of Management and of Health and Human Services (HHS). concerns. Budget under the authority of the ACTION: Withdrawal notice. SUPPLEMENTARY INFORMATION: Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). SUMMARY: This notice withdraws the I. Background ‘‘Development of Computed The Acting Administrator of the Tomography (CT) Image Quality and CMS has determined that current Centers for Medicare & Medicaid Safety Hospital Measures’’ notice that delays will not allow adequate time for Services (CMS), Elizabeth Richter, published in the Federal Register on the measures to be developed to meet having reviewed and approved this January 5, 2021. That notice announced internal deadlines, as such the document, authorizes Lynette Wilson, a funding opportunity to seek an determination is made to withdraw the who is the Federal Register Liaison, to application for a single source, January 5, 2021 Federal Register notice. electronically sign this document for cooperative agreement, to develop a CMS will no longer provide support purposes of publication in the Federal radiology electronic clinical quality through a single source cooperative Register. agreement in its planning, technical measure(s) (eCQM) for the following Authority: Programmatic Authority of the CMS hospital programs: Hospital assistance, and reporting needs related Social Security Act, Titles XI, XVIII, XIX, Inpatient Quality Reporting Program to submission of a fully developed and XXI. (IQR); Hospital Outpatient Quality tested radiology measures to the 2021 Reporting Program (OQR); and Measures Under Consideration (MUC) Promoting Interoperability Program for List in May 2021.

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Dated: February 24, 2021. survey agency as complying with the body making the request, describes the Lynette Wilson, conditions or requirements set forth in request, and provides no less than a 30- Federal Liaison, Centers for Medicare & 42 CFR part 484 of our regulations. day public comment period. At the end Medicaid Services. Thereafter, the HHA is subject to regular of the 210-day period, we must publish [FR Doc. 2021–04130 Filed 2–25–21; 8:45 am] surveys by a state survey agency to a notice in the Federal Register BILLING CODE 4120–01–P determine whether it continues to meet approving or denying the application. these requirements. However, there is an alternative to certification surveys by III. Provisions of the Proposed Notice DEPARTMENT OF HEALTH AND state agencies. Accreditation by a In the September 28, 2020 Federal HUMAN SERVICES nationally recognized Medicare Register (85 FR 60796), we published a accreditation program approved by CMS proposed notice announcing ACHC’s Centers for Medicare & Medicaid may substitute for both initial and request for continued approval of its Services ongoing state review. Medicare HHA accreditation program. Section 1865(a)(1) of the Act provides In the September 28, 2020 proposed [CMS–3400–FN] that, if a provider entity demonstrates notice, we detailed our evaluation Medicare and Medicaid Programs; through accreditation by an approved criteria. Under section 1865(a)(2) of the Application From the Accreditation national accrediting organization that all Act and in our regulations at § 488.5, we Commission for Health Care (ACHC) applicable Medicare conditions are met conducted a review of ACHC’s Medicare for Continued Approval of its Home or exceeded, we will deem those HHA accreditation application in Health Agency Accreditation Program provider entities as having met our accordance with the criteria specified by requirements. Accreditation by an our regulations, which include, but are AGENCY: Centers for Medicare & accrediting organization is voluntary not limited to the following: Medicaid Services (CMS), Department and is not required for Medicare • An administrative review of of Health and Human Services (HHS). participation. ACHC’s: (1) Corporate policies; (2) ACTION: Final notice. If an accrediting organization is financial and human resources available recognized by the Secretary of Health to accomplish the proposed surveys; (3) SUMMARY: This final notice announces and Human Services (the Secretary) as procedures for training, monitoring, and our decision to approve The having standards for accreditation that evaluation of its HHA surveyors; (4) Accreditation Commission for Health meet or exceed Medicare requirements, ability to investigate and respond Care (ACHC) for continued recognition any provider entity accredited by the appropriately to complaints against as a national accrediting organization national accrediting body’s approved accredited HHAs; and (5) survey review for home health agencies (HHAs) that program would be deemed to meet the and decision-making process for wish to participate in the Medicare or Medicare conditions. A national accreditation. Medicaid programs. An HHA that accrediting organization applying for • The comparison of ACHC’s participates in Medicaid must also meet CMS approval of their accreditation Medicare HHA accreditation program the Medicare conditions of participation program under 42 CFR part 488, subpart standards to our current Medicare (CoPs). A, must provide CMS with reasonable conditions of participation (CoPs) for DATES: assurance that the accrediting HHAs. This decision announced in this • final notice is effective February 24, organization requires the accredited A documentation review of ACHC’s 2021 through February 24, 2025. provider entities to meet requirements survey process to do the following: that are at least as stringent as the ++ Determine the composition of the FOR FURTHER INFORMATION CONTACT: Tara Medicare conditions. Our regulations survey team, surveyor qualifications, Lemons (410) 786–3030. Lillian concerning the approval of accrediting and ACHC’s ability to provide Williams (410) 786–8636. organizations are set forth at § 488.5. continuing surveyor training. SUPPLEMENTARY INFORMATION: Section 488.5(e)(2)(i) requires ++ Compare ACHC’s processes to I. Background accrediting organizations to reapply for those we require of state survey continued approval of its Medicare agencies, including periodic resurvey Under the Medicare program, eligible accreditation program every 6 years or and the ability to investigate and beneficiaries may receive covered sooner as determined by CMS. respond appropriately to complaints services from a home health agency The Accreditation Commission for against accredited HHAs. (HHA), provided certain requirements Health Care (ACHC’s) term of approval ++ Evaluate ACHC’s procedures for are met. Sections 1861(m) and (o), 1891 for their HHA accreditation program monitoring HHAs it has found to be out and 1895 of the Social Security Act (the expires February 24, 2021. of compliance with ACHC’s program Act) establish distinct criteria for an requirements. (This pertains only to II. Application Approval Process entity seeking designation as an HHA. monitoring procedures when ACHC Regulations concerning provider Section 1865(a)(3)(A) of the Act identifies non-compliance. If agreements are at 42 CFR part 489 and provides a statutory timetable to ensure noncompliance is identified by a state those pertaining to activities relating to that our review of applications for CMS- survey agency through a validation the survey and certification of facilities approval of an accreditation program is survey, the state survey agency monitors and other entities are at 42 CFR part conducted in a timely manner. The Act corrections as specified at § 488.9(c)). 488. The regulations at 42 CFR parts 409 provides us 210 days after the date of ++ Assess ACHC’s ability to report and 484 specify the conditions that an receipt of a complete application, with deficiencies to the surveyed HHAs and HHA must meet to participate in the any documentation necessary to make respond to the HHAs plan of correction Medicare program, the scope of covered the determination, to complete our in a timely manner. services and the conditions for Medicare survey activities and application ++ Establish ACHC’s ability to payment for home health care. process. Within 60 days after receiving provide CMS with electronic data and Generally, to enter into a provider a complete application, we must reports necessary for effective validation agreement with the Medicare program, publish a notice in the Federal Register and assessment of the organization’s an HHA must first be certified by a state that identifies the national accrediting survey process.

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++ Determine the adequacy of would be acceptable for monitoring the year grants in September 2015—to ACHC’s staff and other resources. correction of non-compliance. collect and report performance ++ Confirm ACHC’s ability to provide measures about program operations, B. Term of Approval adequate funding for performing services, and clients served (OMB required surveys. Based on our review and observations #0970–0460). A performance measures ++ Confirm ACHC’s policies with described in section III. of this final data collection system called nFORM respect to surveys being unannounced. notice, we approve ACHC as a national (Information, Family Outcomes, ++ Confirm ACHC’s policies and accreditation organization for HHAs that Reporting, and Management) was procedures to avoid conflicts of interest, request participation in the Medicare implemented with the 2015 cohort to including the appearance of conflicts of program, effective February 24, 2021 improve the efficiency of data collection interest, involving individuals who through February 24, 2025. and reporting and the quality of data. conduct surveys or participate in V. Collection of Information This system allows for streamlined and accreditation decisions. Requirements standardized submission of grantee ++ Obtain ACHC’s agreement to performance data through regular provide CMS with a copy of the most This document does not impose progress reports and supports grantee- current accreditation survey together information collection requirements, led and federal research projects. ACF with any other information related to that is, reporting recordkeeping or third- will continue performance measure and the survey as we may require, including party disclosure requirements. other data collection activities for the corrective action plans. Consequently, there is no need for HMRF grant program with a new cohort In accordance with section review by the Office of Management and of grantees who received 5-year awards 1865(a)(3)(A) of the Act, the September Budget under the authority of the in September 2020. ACF is requesting 28, 2020 proposed notice also solicited Paperwork Reduction Act of 1995 (44 comment on a new data collection to public comments regarding whether U.S.C. 3501 et seq.). support these activities with the 2020 ACHC’s requirements met or exceeded The Acting Administrator of the HMRF grantee cohort. ACF has made the Medicare CoPs for HHAs. No Centers for Medicare & Medicaid changes to the previous cohort’s data comments were received in response to Services (CMS), Elizabeth Richter, collection instruments and performance our proposed notice. having reviewed and approved this reports for use in the new cohort. This document, authorizes Lynette Wilson, IV. Provisions of the Final Notice new grantee cohort is expected to begin who is the Federal Register Liaison, to collecting performance measure data A. Differences Between ACHC’s electronically sign this document for and reporting to ACF in April 2021. purposes of publication in the Federal Standards and Requirements for DATES: Comments due within 30 days of Register. Accreditation and Medicare Conditions publication. OMB must make a decision and Survey Requirements Dated: February 24, 2021. about the collection of information We compared ACHC’s HHA Lynette Wilson, between 30 and 60 days after accreditation requirements and survey Federal Register Liaison, Centers for Medicare publication of this document in the process with the Medicare CoPs of parts & Medicaid Services. Federal Register. Therefore, a comment 409 and 484, and the survey and [FR Doc. 2021–04169 Filed 2–26–21; 8:45 am] is best assured of having its full effect certification process requirements of BILLING CODE 4120–01–P if OMB receives it within 30 days of parts 488 and 489. Our review and publication. evaluation of ACHC’s HHA application, ADDRESSES: Written comments and which were conducted as described in DEPARTMENT OF HEALTH AND HUMAN SERVICES recommendations for the proposed section III. of this final notice, yielded information collection should be sent the following areas where, as of the date within 30 days of publication of this of this notice, ACHC has completed Administration for Children and Families notice to www.reginfo.gov/public/do/ revising its standards and certification PRAMain. Find this particular processes in order to meet the following Submission for OMB Review; information collection by selecting requirements: • Comment Request; Healthy Marriage ‘‘Currently under 30-day Review—Open Section 484.102(b) to include the and Responsible Fatherhood for Public Comments’’ or by using the requirement to review and update Performance Measures and Additional search function. emergency preparedness policies and Data Collection (New Collection) procedures at least every 2 years. SUPPLEMENTARY INFORMATION: • Section 484.105(b)(1)(i) to ensure AGENCY: Office of Planning, Research, Description: ACF proposes to collect a that the administrator is appointed by and Evaluation, Administration for set of performance measures from all and reports to the governing body. Children and Families, HHS. HMRF grantees. These measures collect • standardized information in the Section 488.26(b) to ensure ACTION: Request for public comment. surveyor documentation relating to non- following areas: compliance with particular Medicare SUMMARY: The Administration for • Applicant characteristics; conditions reflects the manner and Children and Families (ACF), Office of • Program operations; degree of non-compliance, cited at the Family Assistance (OFA) has had • Service delivery; and appropriate level (that is, condition administrative responsibility for federal • Participant outcomes: versus standard level). funding of programs that strengthen Æ Entrance survey, with five versions: • Section 488.5(a)(4)(vii) to describe families through healthy marriage and (1) HM Program Entrance Survey for ACHC’s procedures and timelines for relationship education and responsible Adult-Focused Programs; (2) HM monitoring provider’s or supplier’s fatherhood programming since 2006, Program Entrance Survey for Youth- correction of identified non-compliance through the Healthy Marriage (HM) and Focused Programs; (3) RF Program with relevant standards, including the Responsible Fatherhood (RF) Grant Entrance Survey for Community-Based criteria ACHC uses to determine when Programs. ACF required the 2015 cohort Fathers; (4) RF Program Entrance Survey a desk review versus an on-site review of HMRF grantees—which received 5- for Community-Based Mothers; and (5)

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RF Program Entrance Survey for based on a targeted analysis of existing • Quarterly Performance Report Reentering Fathers. measures, feedback from key (QPR), with two versions: (1) Quarterly Æ Exit survey, with five versions: (1) stakeholders, and discussions with ACF Performance Progress Report for HM HM Program Exit Survey for Adult- staff and the 2015 cohort of grantees. Programs, and (2) Quarterly Focused Programs; (2) HM Program Exit ACF required the 2015 cohort of Performance Progress Report for RF Survey for Youth-Focused Programs; (3) grantees to submit data on these Programs. RF Program Exit Survey for Community- standardized measures on a quarterly Grantees in the new cohort will also Based Fathers; (4) RF Program Exit basis and proposes the same be required to engage in continuous Survey for Community-Based Mothers; requirement for the 2020 cohort. In quality improvement (CQI) planning and (5) RF Program Exit Survey for addition to the performance measures and implementation using a proposed Reentering Fathers. mentioned above, ACF proposes to CQI plan template developed by ACF. The measures used by the 2015 repeat collection for these data The estimated burden for completing grantee cohort were developed in 2014 submissions: and updating this template is included after extensive review of the research • Semi-annual Performance Progress in the table below. literature and grantees’ past measures. Report (PPR), with two versions: (1) Respondents: Respondents include The performance measures, data Performance Progress Report for HM HM and RF grantee staff and program collection instruments, and data Programs, and (2) Performance Progress applicants and participants (participants collection system were revised in 2020 Report for RF Programs; and are called ‘‘clients’’). ANNUAL BURDEN ESTIMATES

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

1: Applicant Characteristics ...... Program applicants ...... 273,840 1 0.25 68,460.0 22,820.0 Program staff ...... 408 672 0.10 27,417.6 9,139.2 2: Program Operations ...... Program staff ...... 136 12 0.32 522.24 174.08 3: Service Delivery Data ...... Program staff ...... 2,040 126 0.50 128,520.0 42,840.0 4: Entrance and Exit Surveys ...... Program clients (entrance) ...... 257,409 1 0.42 108,111.78 36,037.26 Program clients (exit) ...... 169,965 1 0.42 71,385.3 23,795.1 Program staff (entrance and exit on 32 3,506 0.10 11,219.2 3,739.73 paper). 5: Semi-annual Performance Progress Program staff ...... 136 6 3 2,448.0 816.0 Report (PPR). 6: Quarterly Performance Report Program staff ...... 136 6 1 816.0 272.0 (QPR). 7: CQI Plan ...... Program staff ...... 136 3 4 1,632 544.0

Estimated Total Annual Burden patent applications may be obtained by treated with cisplatin; consequently, Hours: 140,177.37. emailing Brian W. Bailey, Ph.D., every year many thousands of Authority: Sec. 403. [42 U.S.C. 603]. [email protected], the indicated individuals experience partial loss of licensing contact at the National Heart, hearing and associated quality of life Mary B. Jones, Lung, and Blood, Office of Technology issues as a result of medically necessary ACF/OPRE Certifying Officer. Transfer and Development Office of chemoradiation therapies to treat their [FR Doc. 2021–04162 Filed 2–26–21; 8:45 am] Technology Transfer, 31 Center Drive, cancers. This technology addresses a BILLING CODE 4184–73–P Room 4A29, MSC2479, Bethesda, MD large unmet need to eliminate or reduce 20892–2479; telephone: 301–402–5579. hearing loss in patients that must A signed Confidential Disclosure DEPARTMENT OF HEALTH AND undergo therapies involving ototoxic Agreement may be required to receive drugs. HUMAN SERVICES any unpublished information. This technology is available for SUPPLEMENTARY INFORMATION: National Institutes of Health licensing for commercial development Technology description follows. in accordance with 35 U.S.C. 209 and 37 Government-Owned Inventions; CFR part 404. Availability for Licensing Use of Statins To Treat or Prevent Drug- Induced Hearing Loss Potential Commercial Applications AGENCY: National Institutes of Health, Description of Technology HHS. • Repurposing existing statins, ACTION: Notice. Available for licensing and including atorvastatin, to treat or protect commercial development are patent against permanent hearing loss arising SUMMARY: The inventions listed below rights covering methods of using from chemoradiation therapy involving are owned by an agency of the U.S. atorvastatin and related statin Government and are available for ototoxic drugs. compounds and derivatives to reduce or • licensing to achieve expeditious prevent drug-induced hearing loss that Development of statin analogues or commercialization of results of is caused as a side effect by ototoxic derivatives with enhanced abilities to federally-funded research and drugs such as cisplatin, which is treat or protect against hearing loss development. commonly used in cancer therapies. At resulting from therapies involving FOR FURTHER INFORMATION CONTACT: present, permanent hearing loss occurs cisplatin or other ototoxic drugs. Licensing information and copies of in approximately half of all patients

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Competitive Advantages ADDRESSES: Requests for copies of the rights and may be granted unless within • This invention addresses an urgent patent applications, inquiries, and fifteen (15) days from the date of this need to protect against permanent comments relating to the contemplated published notice the NHLBI receives hearing loss resulting from therapies exclusive patent license should be written evidence and argument that with commonly used but ototoxic drugs, directed to: Brian W. Bailey, Ph.D., establishes that the grant of the license including cisplatin. Senior Technology Transfer Manager, would not be consistent with the • Statins are already extensively used NHLBI Office of Technology Transfer requirements of 35 U.S.C. 209 and 37 therapeutically to lower blood and Development, 31 Center Drive, Rm. CFR part 404. cholesterol and have well understood 4A29, MSC 2479, Bethesda, MD 20892– Complete applications for a license drug profiles, making them ideal 2479 (for business mail), Telephone that are timely filed in response to this candidates for repurposing. (301) 594–4094; Email: bbailey@ notice will be treated as objections to Development Stage: An observational mail.nih.gov. the grant of the contemplated exclusive patent license. In response to this clinical trial (NCT03225157) in patients SUPPLEMENTARY INFORMATION: The with head and neck cancers has been following and all continuing U.S. and Notice, the public may file comments or completed. foreign patents/patent applications objections. Comments and objections, Inventors: Lisa Lynn Cunningham thereof are the intellectual properties to other than those in the form of a license (NIDCD), Nicole C. Schmitt (NIDCD), be licensed under the prospective application, will not be treated and Katharine Ann Fernandez (NIDCD). agreement to Stanford: United States confidentially, and may be made Publications: J Clin Invest. Provisional Patent Application No. 62/ publicly available. License applications submitted in 2021;131(1):e142616. 489,346 filed April 24, 2017 and response to this Notice will be Intellectual Property: HHS Reference entitled ‘‘FLUORIGEN–BINDING RNA presumed to contain business No. E–029–2020—PCT/US21/14918 APTAMERS’’ [HHS Reference No. E– confidential information and any release filed January 25, 2021; U.S. Patent 152–2018/0–US–01]. of information from these license Application No. 62/966,794 filed The patent rights in these inventions applications will be made only as January 28, 2020. have been assigned to the Government Licensing Contact: Brian W. Bailey, required and upon a request under the of the United States of America, Simon Ph.D.; 301–594–4094; bbailey@ Freedom of Information Act, 5 Fraser, and CNRS. The prospective mail.nih.gov. U.S.C. 552. patent license will be for the purpose of Licensing information and copies of Bruce D. Goldstein, consolidating the patent rights to CNRS, patent applications may be obtained by one of the co-owners of said rights, for Director, National Heart, Lung, and Blood emailing Brian W. Bailey, Ph.D., Institute, Office of Technology Transfer and commercial development, and the [email protected], the indicated Development, National Institutes of Health. purpose of consolidating the patent licensing contact at the National Heart, [FR Doc. 2021–04069 Filed 2–26–21; 8:45 am] rights to CNRS and Simon Fraser for Lung, and Blood, Office of Technology BILLING CODE 4140–01–P marketing. Consolidation of these co- Transfer and Development Office of owned rights is intended to expedite Technology Transfer, 31 Center Drive, development of the invention, Room 4A29, MSC2479, Bethesda, MD DEPARTMENT OF HEALTH AND consistent with the goals of the Bayh- 20892–2479; telephone: 301–402–5579. HUMAN SERVICES Dole Act codified as 35 U.S.C. 200–212. A signed Confidential Disclosure The prospective patent license will be Agreement may be required to receive National Institutes of Health worldwide, exclusive, and may be any unpublished information. limited to those fields of use Government-Owned Inventions; Licensing Contact: Brian W. Bailey, commensurate in scope with the patent Availability for Licensing Ph.D.; 301–594–4094; bbailey@ rights. It will be sublicensable, and any mail.nih.gov. AGENCY: National Institutes of Health, sublicenses granted by CNRS or Simon HHS. Fraser will be subject to the provisions Bruce D. Goldstein, ACTION: Notice. of 37 CFR part 401 and 404. Director, Office of Technology Transfer and This invention pertains to certain Development, National Heart, Lung, and SUMMARY: The National Heart, Lung, and RNA aptamers with optimized Blood Institute, National Institutes of Health. Blood Institute (NHLBI), National fluorescent properties and fluorophore [FR Doc. 2021–04070 Filed 2–26–21; 8:45 am] Institutes of Health, Department of binding affinities as well as BILLING CODE 4140–01–P Health and Human Services, is corresponding heterocyclic contemplating the grant of sublicensable fluorophores. The technology consists of patent licenses to Simon Fraser a suite of fluorescent RNA-fluorophore DEPARTMENT OF HEALTH AND University (‘‘Simon Fraser’’), a non- complexes within the ‘‘Mango’’ that HUMAN SERVICES profit university located in British have been optimized for live-cell Columbia, Canada, and Le Centre imaging of RNA molecules without National Institutes of Health National de la Recherche Scientifique altering biological function, in a manner National Institute of Mental Health; (‘‘CNRS’’), a public scientific and analogous to the way that fluorescently Notice of Closed Meetings technological establishment located in labeled proteins are used to study France, its rights to the inventions and specific protein functions within cells. Pursuant to section 10(d) of the patents listed in the SUPPLEMENTARY As such, this technology can be used as Federal Advisory Committee Act, as INFORMATION section of this notice. a powerful tool for live-cell study of amended, notice is hereby given of the DATES: Only written comments and/or RNA function and activity for research following meetings. applications for a license which are and diagnostic purposes. The The meetings will be closed to the received by the NHLBI Office of prospective exclusive patent license public in accordance with the Technology Transfer and Development will include terms for the sharing of provisions set forth in sections on or before March 16, 2021 will be royalty income with NHLBI from 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., considered. commercial sublicenses of the patent as amended. The grant applications and

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the discussions could disclose Boulevard, Rockville, MD 20852 (Telephone Dated: February 22, 2021. confidential trade secrets or commercial Conference Call). Tyeshia M. Roberson, Contact Person: Erin E. Gray, Ph.D., property such as patentable material, Program Analyst, Office of Federal Advisory Scientific Review Officer, Division of and personal information concerning Committee Policy. Extramural Activities, National Institute of individuals associated with the grant Mental Health, National Institutes of Health, [FR Doc. 2021–04176 Filed 2–26–21; 8:45 am] applications, the disclosure of which 6001 Executive Boulevard, NSC 6152B, BILLING CODE 4140–01–P would constitute a clearly unwarranted Bethesda, MD 20892, 301–402–8152, invasion of personal privacy. [email protected]. Name of Committee: National Institute of (Catalogue of Federal Domestic Assistance DEPARTMENT OF HEALTH AND Mental Health Special Emphasis Panel; Early Program No. 93.242, Mental Health Research HUMAN SERVICES Phase Clinical Trials for Psychosocial Grants, National Institutes of Health, HHS) Interventions. Dated: February 23, 2021. Substance Abuse and Mental Health Date: March 22, 2021. Services Administration Melanie J. Pantoja, Time: 9:00 a.m. to 5:00 p.m. Agenda: To review and evaluate grant Program Analyst, Office of Federal Advisory Current List of HHS-Certified applications. Committee Policy. Laboratories and Instrumented Initial Place: National Institutes of Health, [FR Doc. 2021–04071 Filed 2–26–21; 8:45 am] Testing Facilities Which Meet Minimum Neuroscience Center, 6001 Executive BILLING CODE 4140–01–P Standards To Engage in Urine and Oral Boulevard, Rockville, MD 20852 (Telephone Fluid Drug Testing for Federal Conference Call). Agencies Contact Person: Nicholas Gaiano, Ph.D., DEPARTMENT OF HEALTH AND Review Branch Chief, Division of Extramural HUMAN SERVICES AGENCY: Substance Abuse and Mental Activities, National Institute of Mental Health Services Administration, HHS. Health, NIH, Neuroscience Center/Room National Institutes of Health 6150/MSC 9606, 6001 Executive Boulevard, ACTION: Notice. Bethesda, MD 20892–9606, 301–443–2742, National Institute of Allergy and [email protected]. SUMMARY: The Department of Health and Infectious Diseases; Notice of Closed Human Services (HHS) notifies federal Name of Committee: National Institute of Meeting Mental Health Special Emphasis Panel; Role agencies of the laboratories and of Myeloid Cells in Brain HIV–1 Reservoirs Pursuant to section 10(d) of the Instrumented Initial Testing Facilities (R01, R21). Federal Advisory Committee Act, as (IITFs) currently certified to meet the Date: March 23, 2021. amended, notice is hereby given of the standards of the Mandatory Guidelines Time: 8:00 a.m. to 6:00 p.m. for Federal Workplace Drug Testing Agenda: To review and evaluate grant following meeting. The meeting will be closed to the Programs using Urine or Oral Fluid applications. (Mandatory Guidelines). Place: National Institutes of Health, 6101 public in accordance with the Executive Boulevard, Rockville, MD 20852 provisions set forth in sections FOR FURTHER INFORMATION CONTACT: (Telephone Conference Call). 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Anastasia Donovan, Division of Contact Person: David W. Miller, Ph.D., as amended. The grant applications and Workplace Programs, SAMHSA/CSAP, Scientific Review Officer, Division of the discussions could disclose 5600 Fishers Lane, Room 16N06B, Extramural Activities, National Institute of confidential trade secrets or commercial Rockville, Maryland 20857; 240–276– Mental Health, NIH, Neuroscience Center, property such as patentable material, 2600 (voice); Anastasia.Donovan@ 6001 Executive Blvd., Room 6140, MSC 9608, and personal information concerning samhsa.hhs.gov (email). Bethesda, MD 20892–9608, 301–443–9734, [email protected]. individuals associated with the grant SUPPLEMENTARY INFORMATION: In applications, the disclosure of which accordance with Section 9.19 of the Name of Committee: National Institute of Mental Health Special Emphasis Panel; would constitute a clearly unwarranted Mandatory Guidelines, a notice listing Suicide Prevention Centers. invasion of personal privacy. all currently HHS-certified laboratories Date: March 23, 2021. Name of Committee: National Institute of and IITFs is published in the Federal Time: 11:30 a.m. to 5:00 p.m. Allergy and Infectious Diseases Special Register during the first week of each Agenda: To review and evaluate grant Emphasis Panel; Asthma and Allergic month. If any laboratory or IITF applications. Diseases Cooperative Research Centers (U19 certification is suspended or revoked, Place: National Institutes of Health, Clinical Trial Optional). the laboratory or IITF will be omitted Neuroscience Center, 6001 Executive Date: March 22–23, 2021. from subsequent lists until such time as Boulevard, Rockville, MD 20852 (Telephone Time: 9:00 a.m. to 5:00 p.m. it is restored to full certification under Conference Call). Agenda: To review and evaluate grant Contact Person: Nicholas Gaiano, Ph.D., applications. the Mandatory Guidelines. Review Branch Chief, Division of Extramural Place: National Institute of Allergy and If any laboratory or IITF has Activities, National Institute of Mental Infectious Diseases, National Institutes of withdrawn from the HHS National Health, NIH, Neuroscience Center/Room Health, 5601 Fishers Lane, Room 3G51, Laboratory Certification Program (NLCP) 6150/MSC 9606, 6001 Executive Boulevard, Rockville, MD 20892 (Virtual Meeting). during the past month, it will be listed Bethesda, MD 20892–9606, 301–443–2742, Contact Person: Thomas F. Conway, Ph.D., at the end and will be omitted from the [email protected]. Scientific Review Officer, Scientific Review monthly listing thereafter. Name of Committee: National Institute of Program, Division of Extramural Activities, This notice is also available on the Mental Health Special Emphasis Panel; National Institute of Allergy and Infectious internet at https://www.samhsa.gov/ BRAIN Initiative: Tools to Facilitate High- Diseases, National Institutes of Health, 5601 workplace/resources/drug-testing/ Throughput Microconnectivity Analysis Fishers Lane, Room 3G51, Rockville, MD 20852, 240–507–9685, thomas.conway@ certified-lab-list. (R01). The Department of Health and Human Date: March 25, 2021. nih.gov. Time: 12:00 p.m. to 3:00 p.m. (Catalogue of Federal Domestic Assistance Services (HHS) notifies federal agencies Agenda: To review and evaluate grant Program Nos. 93.855, Allergy, Immunology, of the laboratories and Instrumented applications. and Transplantation Research; 93.856, Initial Testing Facilities (IITFs) Place: National Institutes of Health, Microbiology and Infectious Diseases currently certified to meet the standards Neuroscience Center, 6001 Executive Research, National Institutes of Health, HHS) of the Mandatory Guidelines for Federal

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Workplace Drug Testing Programs HHS-Certified Instrumented Initial (Formerly: LabCorp Occupational (Mandatory Guidelines) using Urine and Testing Facilities Approved To Conduct Testing Services, Inc., CompuChem of the laboratories currently certified to Urine Drug Testing Laboratories, Inc.; CompuChem meet the standards of the Mandatory In accordance with the Mandatory Laboratories, Inc., A Subsidiary of Guidelines using Oral Fluid. Guidelines using Urine dated January Roche Biomedical Laboratory; Roche The Mandatory Guidelines using 23, 2017 (82 FR 7920), the following CompuChem Laboratories, Inc., A Urine were first published in the HHS-certified IITFs meet the minimum Member of the Roche Group) Federal Register on April 11, 1988 (53 standards to conduct drug and specimen Laboratory Corporation of America FR 11970), and subsequently revised in validity tests on urine specimens: Holdings, 1120 Main Street, the Federal Register on June 9, 1994 (59 Southaven, MS 38671, 866–827–8042/ FR 29908); September 30, 1997 (62 FR Dynacare, 6628 50th Street NW, 800–233–6339. (Formerly: LabCorp 51118); April 13, 2004 (69 FR 19644); Edmonton, AB Canada T6B 2N7, 780– Occupational Testing Services, Inc.; November 25, 2008 (73 FR 71858); 784–1190. (Formerly: Gamma- MedExpress/National Laboratory December 10, 2008 (73 FR 75122); April Dynacare Medical Laboratories) Center) 30, 2010 (75 FR 22809); and on January HHS-Certified Laboratories Approved LabOne, Inc. d/b/a Quest Diagnostics, 23, 2017 (82 FR 7920). To Conduct Urine Drug Testing 10101 Renner Blvd., Lenexa, KS The Mandatory Guidelines using Oral 66219, 913–888–3927/800–873–8845. In accordance with the Mandatory Fluid were first published in the (Formerly: Quest Diagnostics Guidelines using Urine dated January Federal Register on October 25, 2019 Incorporated; LabOne, Inc.; Center for 23, 2017 (82 FR 7920), the following (84 FR 57554) with an effective date of Laboratory Services, a Division of HHS-certified laboratories meet the January 1, 2020. LabOne, Inc.) minimum standards to conduct drug The Mandatory Guidelines were Legacy Laboratory Services Toxicology, and specimen validity tests on urine initially developed in accordance with 1225 NE 2nd Ave., Portland, OR specimens: Executive Order 12564 and section 503 97232, 503–413–5295/800–950–5295 of Public Law 100–71 and allowed urine Alere Toxicology Services, 1111 Newton MedTox Laboratories, Inc., 402 W drug testing only. The Mandatory St., Gretna, LA 70053, 504–361–8989/ County Road D, St. Paul, MN 55112, Guidelines using Urine have since been 800–433–3823. (Formerly: Kroll 651–636–7466/800–832–3244 revised, and new Mandatory Guidelines Laboratory Specialists, Inc., Minneapolis Veterans Affairs Medical allowing for oral fluid drug testing have Laboratory Specialists, Inc.) Center, Forensic Toxicology been published. The Mandatory Alere Toxicology Services, 450 Laboratory, 1 Veterans Drive, Guidelines require strict standards that Southlake Blvd., Richmond, VA Minneapolis, MN 55417, 612–725– laboratories and IITFs must meet in 23236, 804–378–9130. (Formerly: 2088 order to conduct drug and specimen Kroll Laboratory Specialists, Inc., Testing for Veterans Affairs (VA) validity tests on specimens for federal Scientific Testing Laboratories, Inc.; Employees Only, Pacific Toxicology agencies. HHS does not allow IITFs to Kroll Scientific Testing Laboratories, Laboratories, 9348 DeSoto Ave., conduct oral fluid testing. Inc.) Chatsworth, CA 91311, 800–328– To become certified, an applicant Clinical Reference Laboratory, Inc., 8433 6942. (Formerly: Centinela Hospital laboratory or IITF must undergo three Quivira Road, Lenexa, KS 66215– Airport Toxicology Laboratory) rounds of performance testing plus an 2802, 800–445–6917 Phamatech, Inc., 15175 Innovation on-site inspection. To maintain that Cordant Health Solutions, 2617 East L Drive, San Diego, CA 92128, 888– certification, a laboratory or IITF must Street, Tacoma, WA 98421, 800–442– 635–5840 participate in a quarterly performance 0438. (Formerly: STERLING Reference Quest Diagnostics Incorporated, 400 testing program plus undergo periodic, Laboratories) Egypt Road, Norristown, PA 19403, on-site inspections. Desert Tox, LLC, 5425 E Bell Rd., Suite 610–631–4600/877–642–2216. Laboratories and IITFs in the 125, Scottsdale, AZ 85254, 602–457– (Formerly: SmithKline Beecham applicant stage of certification are not to 5411/623–748–5045 Clinical Laboratories; SmithKline Bio- be considered as meeting the minimum DrugScan, Inc., 200 Precision Road, Science Laboratories) requirements described in the HHS Suite 200, Horsham, PA 19044, 800– Redwood Toxicology Laboratory, 3700 Mandatory Guidelines using Urine and/ 235–4890 Westwind Blvd., Santa Rosa, CA or Oral Fluid. An HHS-certified Dynacare *, 245 Pall Mall Street, 95403, 800–255–2159 laboratory or IITF must have its letter of London, ONT, Canada N6A 1P4, 519– U.S. Army Forensic Toxicology Drug certification from HHS/SAMHSA 679–1630. (Formerly: Gamma- Testing Laboratory, 2490 Wilson St., (formerly: HHS/NIDA), which attests Dynacare Medical Laboratories) Fort George G. Meade, MD 20755– that the test facility has met minimum ElSohly Laboratories, Inc., 5 Industrial 5235, 301–677–7085. Testing for standards. HHS does not allow IITFs to Park Drive, Oxford, MS 38655, 662– Department of Defense (DoD) conduct oral fluid testing. 236–2609 Employees Only Laboratory Corporation of America HHS-Certified Laboratories Approved Holdings, 7207 N Gessner Road, The following laboratory is To Conduct Oral Fluid Drug Testing Houston, TX 77040, 713–856–8288/ voluntarily withdrawing from the In accordance with the Mandatory 800–800–2387 National Laboratory Certification Guidelines using Oral Fluid dated Laboratory Corporation of America Program effective March 15, 2021: October 25, 2019 (84 FR 57554), the Holdings, 69 First Ave., Raritan, NJ Quest Diagnostics Incorporated, 1777 following HHS-certified laboratories 08869, 908–526–2400/800–437–4986. Montreal Circle, Tucker, GA 30084, meet the minimum standards to conduct (Formerly: Roche Biomedical 800–729–6432. (Formerly: SmithKline drug and specimen validity tests on oral Laboratories, Inc.) Beecham Clinical Laboratories; fluid specimens: Laboratory Corporation of America SmithKline Bio-Science Laboratories) At this time, there are no laboratories Holdings, 1904 TW Alexander Drive, * The Standards Council of Canada certified to conduct drug and specimen Research Triangle Park, NC 27709, (SCC) voted to end its Laboratory validity tests on oral fluid specimens. 919–572–6900/800–833–3984. Accreditation Program for Substance

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Abuse (LAPSA) effective May 12, 1998. the laboratory will be included in the proposed flood hazard determination Laboratories certified through that monthly list of HHS-certified notice that contained an erroneous program were accredited to conduct laboratories and participate in the NLCP table. This notice provides corrections forensic urine drug testing as required certification maintenance program. to that table to be used in lieu of the by U.S. Department of Transportation erroneous information. The table Anastasia Marie Donovan, (DOT) regulations. As of that date, the provided here represents the proposed certification of those accredited Policy Analyst. flood hazard determinations and Canadian laboratories will continue [FR Doc. 2021–04116 Filed 2–26–21; 8:45 am] communities affected for Rice County, under DOT authority. The responsibility BILLING CODE 4160–20–P Minnesota and Incorporated Areas. for conducting quarterly performance FOR FURTHER INFORMATION CONTACT: Rick testing plus periodic on-site inspections Sacbibit, Chief, Engineering Services of those LAPSA-accredited laboratories DEPARTMENT OF HOMELAND Branch, Federal Insurance and was transferred to the U.S. HHS, with SECURITY Mitigation Administration, FEMA, 400 the HHS’ NLCP contractor continuing to C Street SW, Washington, DC 20472, Federal Emergency Management have an active role in the performance (202) 646–7659, or (email) Agency testing and laboratory inspection [email protected]; or visit processes. Other Canadian laboratories [Docket ID FEMA–2021–0002; Internal the FEMA Mapping and Insurance wishing to be considered for the NLCP Agency Docket No. FEMA–B–2075] eXchange (FMIX) online at https:// may apply directly to the NLCP www.floodmaps.fema.gov/fhm/fmx_ contractor just as U.S. laboratories do. Proposed Flood Hazard main.html. Determinations; Correction Upon finding a Canadian laboratory to SUPPLEMENTARY INFORMATION: be qualified, HHS will recommend that AGENCY: Federal Emergency Correction DOT certify the laboratory (Federal Management Agency; Department of Register, July 16, 1996) as meeting the Homeland Security. In the Federal Register of January 12, minimum standards of the Mandatory ACTION: Notice; correction. 2021, in FR Doc. 2021–00399, on page Guidelines published in the Federal 2433, correct the ‘‘Rice County, Register on January 23, 2017 (82 FR SUMMARY: On January 12, 2021, FEMA Minnesota and Incorporated Areas’’ 7920). After receiving DOT certification, published in the Federal Register a table to read:

Community Community map repository address

Rice County, Minnesota and Incorporated Areas Project: 12–05–2135S Preliminary Date: November 15, 2019

Unincorporated Areas of Rice County ...... Rice County Government Services Building, 320 Northwest Third Street, Faribault, MN 55021.

Michael M. Grimm, Flood Insurance Study (FIS) reports at https://msc.fema.gov by the date Assistant Administrator for Risk have been made final for the indicated above. Management, Department of Homeland communities listed in the table below. FOR FURTHER INFORMATION CONTACT: Rick Security, Federal Emergency Management The FIRM and FIS report are the basis Sacbibit, Chief, Engineering Services Agency. of the floodplain management measures Branch, Federal Insurance and [FR Doc. 2021–04150 Filed 2–26–21; 8:45 am] that a community is required either to Mitigation Administration, FEMA, 400 BILLING CODE 9110–12–P adopt or to show evidence of having in C Street SW, Washington, DC 20472, effect in order to qualify or remain (202) 646–7659, or (email) qualified for participation in the Federal [email protected]; or visit DEPARTMENT OF HOMELAND Emergency Management Agency’s the FEMA Mapping and Insurance SECURITY (FEMA’s) National Flood Insurance eXchange (FMIX) online at https:// Program (NFIP). In addition, the FIRM www.floodmaps.fema.gov/fhm/fmx_ Federal Emergency Management and FIS report are used by insurance main.html. Agency agents and others to calculate SUPPLEMENTARY INFORMATION: The [Docket ID FEMA–2021–0002] appropriate flood insurance premium Federal Emergency Management Agency rates for buildings and the contents of Final Flood Hazard Determinations (FEMA) makes the final determinations those buildings. listed below for the new or modified AGENCY: Federal Emergency DATES: The date of July 6, 2021 has been flood hazard information for each Management Agency, Department of established for the FIRM and, where community listed. Notification of these Homeland Security. applicable, the supporting FIS report changes has been published in showing the new or modified flood ACTION: Notice. newspapers of local circulation and 90 hazard information for each community. days have elapsed since that SUMMARY: Flood hazard determinations, ADDRESSES: The FIRM, and if publication. The Deputy Associate which may include additions or applicable, the FIS report containing the Administrator for Insurance and modifications of Base Flood Elevations final flood hazard information for each Mitigation has resolved any appeals (BFEs), base flood depths, Special Flood community is available for inspection at resulting from this notification. Hazard Area (SFHA) boundaries or zone the respective Community Map This final notice is issued in designations, or regulatory floodways on Repository address listed in the tables accordance with section 110 of the the Flood Insurance Rate Maps (FIRMs) below and will be available online Flood Disaster Protection Act of 1973, and where applicable, in the supporting through the FEMA Map Service Center 42 U.S.C. 4104, and 44 CFR part 67.

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FEMA has developed criteria for available at the address cited below for (Catalog of Federal Domestic Assistance No. floodplain management in floodprone each community or online through the 97.022, ‘‘Flood Insurance.’’) areas in accordance with 44 CFR part FEMA Map Service Center at https:// Michael M. Grimm, 60. msc.fema.gov. Assistant Administrator for Risk Interested lessees and owners of real The flood hazard determinations are Management, Department of Homeland property are encouraged to review the made final in the watersheds and/or Security, Federal Emergency Management new or revised FIRM and FIS report communities listed in the table below. Agency.

Community Community map repository address

Barnstable County, Massachusetts (All Jurisdictions) Docket No.: FEMA–B–1842

Town of Bourne ...... Bourne Town Hall, 24 Perry Avenue, Buzzards Bay, MA 02532.

Bristol County, Massachusetts (All Jurisdictions) Docket No.: FEMA–B–1842

City of Fall River ...... City Hall, 1 Government Center, Fall River, MA 02722. City of New Bedford ...... City Hall, 133 William Street, New Bedford, MA 02740. Town of Acushnet ...... Parting Ways Building, 130 Main Street, 2nd Floor, Acushnet, MA 02743. Town of Dartmouth ...... Town Hall, 400 Slocum Road, Dartmouth, MA 02747. Town of Fairhaven ...... Town Hall, 40 Center Street, Fairhaven, MA 02719. Town of Freetown ...... Freetown Town Hall, 3 North Main Street, Assonet, MA 02702. Town of Westport ...... Town Hall, 816 Main Road, Westport, MA 02790.

Norfolk County, Massachusetts (All Jurisdictions) Docket No.: FEMA–B–1842

Town of Cohasset ...... Town Hall, 41 Highland Avenue, Cohasset, MA 02025.

Plymouth County, Massachusetts (All Jurisdictions) Docket No.: FEMA–B–1842

Town of Abington ...... Town Hall, 500 Gliniewicz Way, Abington, MA 02351. Town of Carver ...... Town Hall, 108 Main Street, Carver, MA 02330. Town of Duxbury ...... Town Hall, 878 Tremont Street, Duxbury, MA 02332. Town of Halifax ...... Town Hall, 499 Plymouth Street, Halifax, MA 02338. Town of Hanover ...... Town Hall, 550 Hanover Street, Hanover, MA 02339. Town of Hanson ...... Town Hall, 542 Liberty Street, Hanson, MA 02341. Town of Hingham ...... Town Hall, 210 Central Street, Hingham, MA 02043. Town of Kingston ...... Town House, 26 Evergreen Street, Kingston, MA 02364. Town of Marion ...... Town House, 2 Spring Street, Marion, MA 02738. Town of Marshfield ...... Town Hall, 870 Moraine Street, Marshfield, MA 02050. Town of Mattapoisett ...... Town Hall, 16 Main Street, Mattapoisett, MA 02739. Town of Middleborough ...... Town Hall, 10 Nickerson Avenue, Middleborough, MA 02346. Town of Norwell ...... Town Hall, 345 Main Street, Room 112, Norwell, MA 02061. Town of Pembroke ...... Town Hall, 100 Center Street, Pembroke, MA 02359. Town of Plymouth ...... Town Hall, 26 Court Street, Plymouth, MA 02360. Town of Plympton ...... Town Hall, 5 Palmer Road, Plympton, MA 02367. Town of Rochester ...... Town Hall, 1 Constitution Way, Rochester, MA 02770. Town of Rockland ...... Town Hall, 242 Union Street, Rockland, MA 02370. Town of Scituate ...... Town Hall, 600 Chief Justice Cushing Highway, Scituate, MA 02066. Town of Wareham ...... Memorial Town Hall, 54 Marion Road, Wareham, MA 02571.

Newport County, Rhode Island (All Jurisdictions) Docket No.: FEMA–B–1842

Town of Little Compton ...... Town Hall, 40 Commons, Little Compton, RI 02837. Town of Tiverton ...... Town Hall, 343 Highland Road, Tiverton, RI 02878.

[FR Doc. 2021–04152 Filed 2–26–21; 8:45 am] DEPARTMENT OF HOMELAND ACTION: Notice. BILLING CODE 9110–12–P SECURITY SUMMARY: Flood hazard determinations, Federal Emergency Management which may include additions or Agency modifications of Base Flood Elevations (BFEs), base flood depths, Special Flood [Docket ID FEMA–2020–0002] Hazard Area (SFHA) boundaries or zone Final Flood Hazard Determinations designations, or regulatory floodways on the Flood Insurance Rate Maps (FIRMs) AGENCY: Federal Emergency and where applicable, in the supporting Management Agency, Department of Flood Insurance Study (FIS) reports Homeland Security. have been made final for the

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communities listed in the table below. below and will be available online Mitigation has resolved any appeals The FIRM and FIS report are the basis through the FEMA Map Service Center resulting from this notification. of the floodplain management measures at https://msc.fema.gov by the date This final notice is issued in that a community is required either to indicated above. accordance with section 110 of the adopt or to show evidence of having in Flood Disaster Protection Act of 1973, FOR FURTHER INFORMATION CONTACT: effect in order to qualify or remain Rick 42 U.S.C. 4104, and 44 CFR part 67. qualified for participation in the Federal Sacbibit, Chief, Engineering Services FEMA has developed criteria for Emergency Management Agency’s Branch, Federal Insurance and floodplain management in floodprone (FEMA’s) National Flood Insurance Mitigation Administration, FEMA, 400 areas in accordance with 44 CFR part Program (NFIP). In addition, the FIRM C Street SW, Washington, DC 20472, 60. and FIS report are used by insurance (202) 646–7659, or (email) Interested lessees and owners of real agents and others to calculate [email protected]; or visit property are encouraged to review the appropriate flood insurance premium the FEMA Mapping and Insurance new or revised FIRM and FIS report rates for buildings and the contents of eXchange (FMIX) online at https:// available at the address cited below for _ those buildings. www.floodmaps.fema.gov/fhm/fmx each community or online through the main.html. DATES: The date of June 16, 2021 has FEMA Map Service Center at https:// msc.fema.gov. been established for the FIRM and, SUPPLEMENTARY INFORMATION: The where applicable, the supporting FIS Federal Emergency Management Agency The flood hazard determinations are report showing the new or modified (FEMA) makes the final determinations made final in the watersheds and/or flood hazard information for each listed below for the new or modified communities listed in the table below. community. flood hazard information for each (Catalog of Federal Domestic Assistance No. ADDRESSES: The FIRM, and if community listed. Notification of these 97.022, ‘‘Flood Insurance.’’) applicable, the FIS report containing the changes has been published in Michael M. Grimm, final flood hazard information for each newspapers of local circulation and 90 Assistant Administrator for Risk community is available for inspection at days have elapsed since that Management, Department of Homeland the respective Community Map publication. The Deputy Associate Security, Federal Emergency Management Repository address listed in the tables Administrator for Insurance and Agency.

Community Community map repository address

City of Baltimore, Maryland (Independent City) Docket No.: FEMA–B–1909

City of Baltimore ...... Department of Planning, 417 East Fayette Street, Baltimore, MD 21202.

Erie County, New York (All Jurisdictions) Docket No.: FEMA–B–1972

City of Buffalo ...... City Hall, 65 Niagara Square, Buffalo, NY 14202. City of Lackawanna ...... City Hall, 714 Ridge Road, Lackawanna, NY 14218. City of Tonawanda ...... City Hall, 200 Niagara Street, Tonawanda, NY 14150. Town of Brant ...... Town Hall, 1272 Brant-North Collins Road, Brant, NY 14027. Town of Evans ...... Evans Town Hall, 8787 Erie Road, Angola, NY 14006. Town of Grand Island ...... Town Hall, 2255 Baseline Road, Grand Island, NY 14072. Town of Hamburg ...... Town Hall, 6100 South Park Avenue, Hamburg, NY 14075. Town of Tonawanda ...... Tonawanda Town Hall, 2919 Delaware Avenue, Kenmore, NY 14217.

[FR Doc. 2021–04148 Filed 2–26–21; 8:45 am] SUMMARY: Comments are requested on management measures that the BILLING CODE 9110–12–P proposed flood hazard determinations, community is required either to adopt which may include additions or or to show evidence of having in effect modifications of any Base Flood in order to qualify or remain qualified DEPARTMENT OF HOMELAND Elevation (BFE), base flood depth, for participation in the National Flood SECURITY Special Flood Hazard Area (SFHA) Insurance Program (NFIP). In addition, boundary or zone designation, or the FIRM and FIS report, once effective, Federal Emergency Management regulatory floodway on the Flood will be used by insurance agents and Agency Insurance Rate Maps (FIRMs), and others to calculate appropriate flood where applicable, in the supporting insurance premium rates for new [Docket ID FEMA–2021–0002; Internal Flood Insurance Study (FIS) reports for buildings and the contents of those Agency Docket No. FEMA–B–2112] the communities listed in the table buildings. Proposed Flood Hazard below. The purpose of this notice is to DATES: Comments are to be submitted Determinations seek general information and comment on or before June 1, 2021. regarding the preliminary FIRM, and ADDRESSES: The Preliminary FIRM, and AGENCY: Federal Emergency where applicable, the FIS report that the where applicable, the FIS report for Management Agency, Department of Federal Emergency Management Agency each community are available for Homeland Security. (FEMA) has provided to the affected inspection at both the online location communities. The FIRM and FIS report https://hazards.fema.gov/femaportal/ ACTION: Notice. are the basis of the floodplain prelimdownload and the respective

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Community Map Repository address by 44 CFR 60.3, are the minimum that recommendations for resolution. Use of listed in the tables below. Additionally, are required. They should not be the SRP only may be exercised after the current effective FIRM and FIS construed to mean that the community FEMA and local communities have been report for each community are must change any existing ordinances engaged in a collaborative consultation accessible online through the FEMA that are more stringent in their process for at least 60 days without a Map Service Center at https:// floodplain management requirements. mutually acceptable resolution of an msc.fema.gov for comparison. The community may at any time enact appeal. Additional information You may submit comments, identified stricter requirements of its own or regarding the SRP process can be found by Docket No. FEMA–B–2112, to Rick pursuant to policies established by other online at https://www.floodsrp.org/pdfs/ Sacbibit, Chief, Engineering Services Federal, State, or regional entities. srp_overview.pdf. Branch, Federal Insurance and These flood hazard determinations are The watersheds and/or communities Mitigation Administration, FEMA, 400 used to meet the floodplain affected are listed in the tables below. C Street SW, Washington, DC 20472, management requirements of the NFIP The Preliminary FIRM, and where (202) 646–7659, or (email) and are used to calculate the applicable, FIS report for each [email protected]. appropriate flood insurance premium community are available for inspection FOR FURTHER INFORMATION CONTACT: Rick rates for new buildings built after the at both the online location https:// Sacbibit, Chief, Engineering Services FIRM and FIS report become effective. hazards.fema.gov/femaportal/ The communities affected by the Branch, Federal Insurance and prelimdownload and the respective flood hazard determinations are Mitigation Administration, FEMA, 400 Community Map Repository address provided in the tables below. Any C Street SW, Washington, DC 20472, listed in the tables. For communities request for reconsideration of the (202) 646–7659, or (email) with multiple ongoing Preliminary revised flood hazard information shown [email protected]; or visit studies, the studies can be identified by on the Preliminary FIRM and FIS report the FEMA Mapping and Insurance the unique project number and that satisfies the data requirements eXchange (FMIX) online at https:// Preliminary FIRM date listed in the outlined in 44 CFR 67.6(b) is considered www.floodmaps.fema.gov/fhm/fmx_ tables. Additionally, the current an appeal. Comments unrelated to the main.html. effective FIRM and FIS report for each flood hazard determinations also will be community are accessible online SUPPLEMENTARY INFORMATION: FEMA considered before the FIRM and FIS through the FEMA Map Service Center proposes to make flood hazard report become effective. at https://msc.fema.gov for comparison. determinations for each community Use of a Scientific Resolution Panel listed below, in accordance with section (SRP) is available to communities in (Catalog of Federal Domestic Assistance No. 110 of the Flood Disaster Protection Act support of the appeal resolution 97.022, ‘‘Flood Insurance.’’) of 1973, 42 U.S.C. 4104, and 44 CFR process. SRPs are independent panels of Michael M. Grimm, 67.4(a). experts in hydrology, hydraulics, and Assistant Administrator for Risk These proposed flood hazard other pertinent sciences established to Management, Department of Homeland determinations, together with the review conflicting scientific and Security, Federal Emergency Management floodplain management criteria required technical data and provide Agency.

Community Community map repository address

Humboldt County, Iowa and Incorporated Areas Project: 19–07–0032S Preliminary Date: March 27, 2020

City of Humboldt ...... Municipal Building, 29 5th Street South, Humboldt, IA 50548. Unincorporated Areas of Humboldt County ...... Humboldt County Courthouse, 203 Main Street, Dakota City, IA 50529.

Monona County, Iowa and Incorporated Areas Project: 18–07–0012S Preliminary Date: February 28, 2020

City of Blencoe ...... City Hall, 413 Main Street, Blencoe, IA 51523. City of Castana ...... City Hall, 103 3rd Street, Castana, IA 51010. City of Mapleton ...... City Hall, 513 Main Street, Mapleton, IA 51034. City of Moorhead ...... City Hall, 100 Oak Street, Moorhead, IA 51558. City of Onawa ...... City Hall, 914 Diamond Street, Onawa, IA 51040. City of Rodney ...... City Hall, 219 Main Street, Rodney, IA 51051. City of Soldier ...... City Hall, 108 Oak Street, Soldier, IA 51572. City of Turin ...... City Hall, 302 Highway 175, Turin, IA 51040. City of Ute ...... City Hall, 130 East Main Street, Ute, IA 51060. City of Whiting ...... City Hall, 605 Whittier Street, Whiting, IA 51063. Omaha Tribe of Nebraska ...... Omaha Tribal Administration Building, 100 Main Street, Macy, NE 68039. Unincorporated Areas of Monona County ...... Monona County Courthouse, 610 Iowa Avenue, Onawa, IA 51040.

Sac County, Iowa and Incorporated Areas Project: 17–07–0044S Preliminary Date: July 6, 2019

City of Schaller ...... City Hall, 101 South Main Street, Schaller, IA 51053.

[FR Doc. 2021–04151 Filed 2–26–21; 8:45 am] BILLING CODE 9110–12–P

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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–2110] 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–2110, 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/ floodplain management criteria required community is required either to adopt prelimdownload 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 June 1, 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

Madison County, Georgia and Incorporated Areas Project: 18–04–0003S Preliminary Date: May 27, 2020

Unincorporated Areas of Madison County ...... Madison County Government Courthouse, Building and Zoning Office, 91 Albany Avenue, Danielsville, GA 30633.

Oglethorpe County, Georgia and Incorporated Areas Project: 18–04–0003S Preliminary Date: May 27, 2020

City of Maxeys ...... Maxeys City Hall, 369 South Main Street, Stephens, GA 30667.

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Community Community map repository address

Unincorporated Areas of Oglethorpe County ...... Oglethorpe County Board of Commissioners Office, 105 Union Point Road, Lexington, GA 30648.

Butte-Silver Bow County, Montana (All Jurisdictions) Project: 20–08–0038S Preliminary Date: August 28, 2020

Butte-Silver Bow County ...... Butte-Silver Bow Courthouse, 155 West Granite Street, Room 108, Butte, MT 59701.

Cannon County, Tennessee and Incorporated Areas Project: 18–04–0025S Preliminary Date: February 13, 2020

Town of Woodbury ...... Town Hall, 101 West Water Street, Woodbury, TN 37190. Unincorporated Areas of Cannon County ...... Cannon County Court House, 200 West Main Street, Woodbury, TN 37190.

Rutherford County, Tennessee and Incorporated Areas Project: 18–04–0025S Preliminary Date: February 13, 2020

City of La Vergne ...... Planning and Codes Department, 5175 Murfreesboro Road, La Vergne, TN 37086. City of Murfreesboro ...... City Hall, 111 West Vine Street, Murfreesboro, TN 37130. Town of Smyrna ...... Town Hall, 315 South Lowry Street, Smyrna, TN 37167. Unincorporated Areas of Rutherford County ...... Rutherford County Planning Department, 1 South Public Square, Room 200, Murfreesboro, TN 37130.

Wilson County, Tennessee and Incorporated Areas Project: 18–04–0025S Preliminary Date: February 13, 2020

City of Mt. Juliet ...... City Hall, 2425 North Mount Juliet Road, Mt. Juliet, TN 37122. Unincorporated Areas of Wilson County ...... Wilson County Court House, Planning Office, 228 East Main Street, Room 5, Lebanon, TN 37087.

Dinwiddie County, Virginia and Incorporated Areas Project: 19–03–0016S Preliminary Date: September 30, 2020

Unincorporated Areas of Dinwiddie County ...... Dinwiddie County Government Center, 14010 Boydton Plank Road, Dinwiddie, VA 23841.

Fauquier County, Virginia and Incorporated Areas Project: 14–03–3327S Preliminary Date: September 15, 2020

Town of Remington ...... Town Office, 105 East Main Street, Remington, VA 22734. Town of The Plains ...... Post Office, 4314 Fauquier Avenue, The Plains, VA 20198. Town of Warrenton ...... Town Office, 21 Main Street, Warrenton, VA 20186. Unincorporated Areas of Fauquier County ...... Fauquier County GIS Department, 29 Ashby Street, Warrenton, VA 20186.

Prince William County, Virginia and Incorporated Areas Project: 14–03–3327S Preliminary Date: September 30, 2020

City of Manassas ...... Public Works Building, Engineering Department, 8500 Public Works Drive, Manassas, VA 20110. City of Manassas Park ...... City Hall, 1 Park Center Court, Manassas Park, VA 20111. Town of Dumfries ...... Town Hall, Zoning Administrator’s Office, 17739 Main Street, Suite 200, Dumfries, VA 22026. Town of Haymarket ...... Town Hall, 15000 Washington Street, Suite 100, Haymarket, VA 20169. Town of Occoquan ...... Town Clerk’s Office, 314 Mill Street, Occoquan, VA 22125. Town of Quantico ...... Town Hall, 337 5th Avenue, Quantico, VA 22134. Unincorporated Areas of Prince William County ...... Prince William County Department of Public Works, Watershed Man- agement Branch, 5 County Complex Court, Prince William, VA 22192.

[FR Doc. 2021–04143 Filed 2–26–21; 8:45 am] BILLING CODE 9110–12–P

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DEPARTMENT OF HOMELAND (202) 646–7659, or (email) recommendations for resolution. Use of SECURITY [email protected]. the SRP may only be exercised after FOR FURTHER INFORMATION CONTACT: Rick FEMA and local communities have been Federal Emergency Management Sacbibit, Chief, Engineering Services engaged in a collaborative consultation Agency Branch, Federal Insurance and process for at least 60 days without a [Docket ID FEMA–2021–0002; Internal Mitigation Administration, FEMA, 400 mutually acceptable resolution of an Agency Docket No. FEMA–B–2104] C Street SW, Washington, DC 20472, appeal. Additional information (202) 646–7659, or (email) regarding the SRP process can be found _ Proposed Flood Hazard [email protected]; or visit online at https://floodsrp.org/pdfs/srp _ Determinations the FEMA Mapping and Insurance fact sheet.pdf. AGENCY: Federal Emergency eXchange (FMIX) online at https:// The communities affected by the _ Management Agency; Department of www.floodmaps.fema.gov/fhm/fmx flood hazard determinations are Homeland Security. main.html. provided in the table below. Any request for reconsideration of the ACTION: Notice; correction. SUPPLEMENTARY INFORMATION: FEMA revised flood hazard determinations proposes to make flood hazard shown on the Preliminary FIRM and FIS SUMMARY: On January 25, 2021, FEMA determinations for each community report that satisfies the data published in the Federal Register a listed in the table below, in accordance requirements outlined in 44 CFR 67.6(b) proposed flood hazard determination with Section 110 of the Flood Disaster is considered an appeal. Comments notice that contained an erroneous Protection Act of 1973, 42 U.S.C. 4104, unrelated to the flood hazard table. This notice provides corrections and 44 CFR 67.4(a). determinations will also be considered to that table to be used in lieu of the These proposed flood hazard before the FIRM and FIS report are erroneous information. The table determinations, together with the made final. provided here represents the proposed floodplain management criteria required flood hazard determinations and by 44 CFR 60.3, are the minimum that Correction communities affected for Hendricks are required. They should not be In the proposed flood hazard County, Indiana and Incorporated construed to mean that the community determination notice published at 86 FR Areas. must change any existing ordinances 6905 in the January 25, 2021, issue of DATES: Comments are to be submitted that are more stringent in their the Federal Register, FEMA published a on or before June 1, 2021. floodplain management requirements. table titled Hendricks County, Indiana ADDRESSES: The community may at any time enact The Preliminary Flood and Incorporated Areas. This table stricter requirements of its own, or Insurance Rate Map (FIRM), and where contained inaccurate information as to pursuant to policies established by other applicable, the Flood Insurance Study the communities affected by the Federal, State, or regional entities. (FIS) report for each community are proposed flood hazard determinations These flood hazard determinations are available for inspection at both the for Town of Brownsburg and Town of used to meet the floodplain online location and the respective Danville, featured in the table. In this management requirements of the NFIP Community Map Repository address document, FEMA is publishing a table and are also used to calculate the listed in the table below. Additionally, containing the accurate information. appropriate flood insurance premium the current effective FIRM and FIS The information provided below should rates for new buildings built after the report for each community are be used in lieu of that previously FIRM and FIS report become effective. accessible online through the FEMA published. Map Service Center at https:// Use of a Scientific Resolution Panel msc.fema.gov for comparison. (SRP) is available to communities in (Catalog of Federal Domestic Assistance No. You may submit comments, identified support of the appeal resolution 97.022, ‘‘Flood Insurance.’’) by Docket No. FEMA–B–2104, to Rick process. SRPs are independent panels of Michael M. Grimm, Sacbibit, Chief, Engineering Services experts in hydrology, hydraulics, and Assistant Administrator for Risk Branch, Federal Insurance and other pertinent sciences established to Management, Department of Homeland Mitigation Administration, FEMA, 400 review conflicting scientific and Security, Federal Emergency Management C Street SW, Washington, DC 20472, technical data and provide Agency.

Community Community map repository address

Hendricks County, Indiana and Incorporated Areas Project: 19–05–0004S Preliminary Date: May 11, 2020

Town of Avon ...... Town Hall Offices, 6570 East US Highway 36, Avon, IN 46123. Unincorporated Areas of Hendricks County ...... Hendricks County Government Center, 355 South Washington Street, Danville, IN 46122.

[FR Doc. 2021–04142 Filed 2–26–21; 8:45 am] BILLING CODE 9110–12–P

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DEPARTMENT OF HOUSING AND the proposed forms or other available Description of the need for the URBAN DEVELOPMENT information. Persons with hearing or information and proposed use: The speech impairments may access this Veterans Housing Rehabilitation and [Docket No. FR–7036–N–01] number through TTY by calling the toll- Modification Pilot Program funding in 60-Day Notice of Proposed Information free Federal Relay Service at (800) 877– FY 2020 was provided under the Collection: Veterans Housing 8339. Further Consolidated Appropriations Rehabilitation and Modification and FOR FURTHER INFORMATION CONTACT: Act, 2020 (Pub. L. 116–94, approved Pilot Program; OMB Control No.: 2506– Jackie L. Williams, Ph.D., Office of Rural December 20, 2019), the Consolidated 0213 Housing and Economic Development, Appropriations Act of 2018 (Pub. L. 451 7th Street SW, Washington, DC 115–141), and the Consolidated AGENCY: Office of Community Planning 20410; email [email protected]; Appropriations Action, 2019 (Pub. L. and Development, HUD. telephone (202) 708–2290. This is not a 116–6). The purpose of VHRMP is to ACTION: Notice. toll-free number. Persons with hearing award grants to nonprofit veteran’s or speech impairments may access this service organizations to rehabilitate and SUMMARY: HUD is seeking approval from number through TTY by calling the toll- modify the primary residence of the Office of Management and Budget free Federal Relay Service at (800) 877– disabled and low-income veterans. The (OMB) for the information collection 8339. Copies of available documents program goal is to support eligible described below. In accordance with the submitted to OMB may be obtained activities that serve the following Paperwork Reduction Act, HUD is from Ms. Pollard. objectives: (1) Modify and rehabilitate requesting comment from all interested Copies of available documents the primary residence of disabled and parties on the proposed collection of submitted to OMB may be obtained low-income veterans; (2) rehabilitate information. The purpose of this notice from Ms. Pollard. such residence that is in a state of is to allow for 60 days of public SUPPLEMENTARY INFORMATION: This interior and exterior disrepair; and (3) comment. notice informs the public that HUD is install energy efficient features or DATES: Comments Due Date: April 30, seeking approval from OMB for the equipment. Information is required to 2021. information collection described in rate and rank competitive applications Section A. and to ensure eligibility of applicants ADDRESSES: Interested persons are invited to submit comments regarding A. Overview of Information Collection for funding. Quarterly reporting is required to monitor grant management. this proposal. Comments should refer to Title of Information Collection: FY Respondents: Public, Not-for-profit the proposal by name and/or OMB 2020 Veterans Housing Rehabilitation institutions. Control Number and should be sent to: and Modification and Pilot Program. Colette Pollard, Reports Management OMB Approval Number: 2506–0213. Estimated Number of Respondents: Officer, QDAM, Department of Housing Type of Request: Extension of a 200. and Urban Development, 451 7th Street currently approved collection. Estimated Number of Responses: 200. SW, Room 4176, Washington, DC Form Number: SF–424; HUD 424CB; Frequency of Response: Once. 20410–5000; telephone 202–402–3400 HUD 424–CBW; SF–LLL; HUD 2880; (this is not a toll-free number) or email HUD 2990; HUD 2991; HUD 2993; HUD Average Hours per Response: 12.74. at [email protected] for a copy of 2994A; HUD 27061; and HUD 27300. Total Estimated Burdens: 2,548.

Number of Frequency of Responses Burden hour Annual burden Hourly cost Information collection respondents response per annum per response hours per response Annual cost

HUD–424CB ...... 200 1 200 3.12 624 69.75 $43,524.00 HUD–424CBW ...... 200 1 200 3.12 624 69.75 43,524.00 HUD–2880 ...... 200 1 200 2 400 69.75 27,900.00 HUD–2991 ...... 200 1 200 0 0 69.75 0 HUD–2993 ...... 200 1 200 0 0 69.75 0 HUD–2994A ...... 200 1 200 0.5 100 69.75 6,975.00 HUD–27061 ...... 200 1 200 1 200 69.75 13,950.00 HUD–27300 ...... 200 1 200 3 600 69.75 41,850.00

Total ...... 12.74 2,548 ...... 177,723.00 Annualized Cost @ $69.75/hr.: $172,550.56.

B. Solicitation of Public Comment (3) Ways to enhance the quality, C. Authority utility, and clarity of the information to This notice is soliciting comments Section 3507 of the Paperwork from members of the public and affected be collected; and Reduction Act of 1995, 44 U.S.C. parties concerning the collection of (4) Ways to minimize the burden of Chapter 35. information described in Section A on the collection of information on those the following: who are to respond; including through Principal Deputy Assistant Secretary for (1) Whether the proposed collection the use of appropriate automated Community Planning and Development, of information is necessary for the collection techniques or other forms of James Arthur Jemison II, having reviewed and approved this document, is delegating proper performance of the functions of information technology, e.g., permitting the agency, including whether the the authority to electronically sign this electronic submission of responses. information will have practical utility; document to submitter, Aaron Santa Anna, (2) The accuracy of the agency’s HUD encourages interested parties to who is the Federal Register Liaison for HUD, estimate of the burden of the proposed submit comment in response to these collection of information; questions.

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for purposes of publication in the Federal SUPPLEMENTARY INFORMATION: This the agency, including whether the Register. notice informs the public that HUD is information will have practical utility; Aaron Santa Anna, seeking approval from OMB for the (2) The accuracy of the agency’s Federal Register Liaison for the Department information collection described in estimate of the burden of the proposed of Housing and Urban Development. Section A. collection of information; (3) Ways to enhance the quality, [FR Doc. 2021–04074 Filed 2–26–21; 8:45 am] A. Overview of Information Collection utility, and clarity of the information to BILLING CODE 4210–67–P Title of Information Collection: Public be collected; and Housing Financial Management (4) Ways to minimize the burden of Template. DEPARTMENT OF HOUSING AND the collection of information on those OMB Approval Number: 2535–0107. URBAN DEVELOPMENT who are to respond; including through Type of Request: Reinstatement of a the use of appropriate automated [Docket No. FR–7040–N–04; OMB Control previously approved collection. collection techniques or other forms of No. 2535–0107] Form Number: N/A. information technology, e.g., permitting Description of the need for the electronic submission of responses. 60-Day Notice of Proposed Information information and proposed use: To meet HUD encourages interested parties to Collection: Public Housing Financial the requirements of the Uniform submit comment in response to these Management Template Financial Standards Rule (24 CFR part questions. 5, subpart H) and the asset management AGENCY: Office of the Assistant requirements in 24 CFR part 990, the C. Authority Secretary for Public and Indian Department developed financial Housing, PIH, HUD. Section 3507 of the Paperwork management templates that public Reduction Act of 1995, 44 U.S.C. ACTION: Notice. housing agencies (PHAs) use to Chapter 35 as amended. annually submit electronically financial SUMMARY: HUD is seeking approval from information to HUD. HUD uses the Dated: February 19, 2021. the Office of Management and Budget financial information it collects from Merrie Nichols-Dixon, (OMB) for the information collection each PHA to assist in the evaluation and Director, Office of Policy, Programs and described below. In accordance with the assessment of the PHAs’ overall Legislative Initiatives. Paperwork Reduction Act, HUD is condition. Requiring PHAs to report [FR Doc. 2021–04136 Filed 2–26–21; 8:45 am] requesting comment from all interested electronically has enabled HUD to BILLING CODE 4210–67–P parties on the proposed collection of provide a comprehensive financial information. The purpose of this notice assessment of the PHAs receiving is to allow for 60 days of public federal funds from HUD. DEPARTMENT OF THE INTERIOR comment. Respondents: Public Housing DATES: Comments Due Date: April 30, Agencies (PHAs). Fish and Wildlife Service Estimated Annual Reporting and 2021. [Docket No. FWS–R1–ES–2020–0131; Recordkeeping Burden: The average ADDRESSES: FXES111401000000, 212, FF01E00000] Interested persons are burden hour estimate assumes that there invited to submit comments regarding are 3,916 PHAs (Low Rent Only, Low Marine Mammals; Incidental Take this proposal. Comments should refer to Rent and Section 8, and Section 8 only the proposal by name and/or OMB During Specified Activities; Proposed PHAs) that submit one unaudited Incidental Harassment Authorization Control Number and should be sent to: financial management template Colette Pollard, Reports Management for Northern Sea Otters in the annually. The average burden hours Northeast Pacific Ocean Officer, QDAM, Department of Housing associated with an unaudited financial and Urban Development, 451 7th Street management template is 6.4 hours AGENCY: Fish and Wildlife Service, SW, Room 4176, Washington, DC (25,015.5 total hours divided by 3,916 Interior. 20410–5000; telephone 202–402–5564 PHAs). There are 3,538 PHAs that are ACTION: Notice of receipt of application (this is not a toll-free number) or email required to or voluntarily submit an and proposed incidental harassment at [email protected] for a copy of audited financial management template authorization; availability of draft the proposed forms or other available annually. The average burden hours environmental assessment; and request information. Persons with hearing or associated with an audited financial for public comments. speech impairments may access this management template is 4.2 hours number through TTY by calling the toll- (14,705 total hours divided by 3,538 SUMMARY: The U.S. Fish and Wildlife free Federal Relay Service at (800) 877– PHAs). When added together, the Service (Service) received a request 8339. average burden hours for a PHA that from the National Science Foundation FOR FURTHER INFORMATION CONTACT: submits both an unaudited and audited (NSF) for authorization to take a small Dacia Rogers, Office of Policy, Programs financial management template is 5.3 number of northern sea otters by and Legislative Initiatives, PIH, hours, for a total reporting burden of harassment incidental to a marine Department of Housing and Urban 39,721 hours. geophysical survey in the northeast Development, 451 7th Street SW, Pacific Ocean. Pursuant to the Marine (L’Enfant Plaza, Room 2206), B. Solicitation of Public Comment Mammal Protection Act of 1972, as Washington, DC 20410; telephone 202– This notice is soliciting comments amended (MMPA), the Service is 402–4109, (this is not a toll-free from members of the public and affected requesting comments on its proposal to number). Persons with hearing or parties concerning the collection of issue an incidental harassment speech impairments may access this information described in Section A on authorization (IHA) to NSF for certain number via TTY by calling the Federal the following: activities during the period between Relay Service at (800) 877–8339. Copies (1) Whether the proposed collection May 1 and June 30, 2021. This proposed of available documents submitted to of information is necessary for the IHA, if finalized, will be for take by OMB may be obtained from Ms. Rogers. proper performance of the functions of Level A and Level B harassment. We

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anticipate no take by death and include take will have a negligible impact on the directly displacing subsistence users, or none in this proposed authorization. species or stock; and (iii) take will not (iii) placing physical barriers between The Service has prepared a draft have an unmitigable adverse impact on the marine mammals and the environmental assessment (EA) the availability of the species or stock subsistence hunters; and (2) that cannot addressing the proposed IHA and is for subsistence uses by coastal-dwelling be sufficiently mitigated by other soliciting public comments on both Alaska Natives. As part of the measures to increase the availability of documents. authorization process, we prescribe marine mammals to allow subsistence DATES: Comments on the proposed IHA permissible methods of taking and other needs to be met. The subsistence request and the draft EA will be means of affecting the least practicable provision does not apply to northern sea accepted on or before March 31, 2021. impact on the species or stock and its otters in Washington and Oregon. habitat and prescribe requirements If the requisite findings are made, we ADDRESSES: pertaining to the monitoring and will issue an IHA, which sets forth the Document availability: The proposed reporting of such takings. following: (i) Permissible methods of IHA request, the draft EA, and the list The term ‘‘take,’’ as defined by the taking; (ii) other means of effecting the of references cited herein are available MMPA, means to harass, hunt, capture, least practicable impact on marine for viewing at http:// or kill, or to attempt to harass, hunt, mammals and their habitat, paying www.regulations.gov in Docket No. capture, or kill any marine mammal (16 particular attention to rookeries, mating FWS–R1–ES–2020–0131 and at http:// U.S.C. 1362(13)). Harassment, as grounds, and areas of similar www.fws.gov/wafwo. NSF’s associated defined by the MMPA, means ‘‘any act significance; and (iii) requirements for environmental assessments can be of pursuit, torment, or annoyance which monitoring and reporting take. found at https://www.nsf.gov/geo/oce/ (i) has the potential to injure a marine Summary of Request envcomp/. mammal or marine mammal stock in the Comment Submission: You may wild (the MMPA refers to this impact as On December 19, 2019, the Service submit comments on this proposed Level A harassment) or (ii) has the received an application from the authorization by one of the following potential to disturb a marine mammal or National Science Foundation (hereafter methods: ‘‘NSF’’ or ‘‘the applicant’’) for • marine mammal stock in the wild by U.S Mail: Public Comments causing disruption of behavioral authorization to take the northern sea Processing, Attn: Docket No. FWS–R1– patterns, including, but not limited to, otter (Enhydra lutris kenyoni, hereafter ES–2020–0131, U.S. Fish and Wildlife migration, breathing, nursing, breeding, ‘‘sea otters’’ or ‘‘otters’’ unless another Service, 5275 Leesburg Pike, MS: PRB/ feeding, or sheltering (the MMPA refers subspecies is specified) by 3W, Falls Church, VA 22041–3803; or unintentional harassment incidental to a • to these impacts as Level B harassment) Federal eRulemaking Portal: http:// (See 16 U.S.C. 1362(18)). marine geophysical survey of the www.regulations.gov. Follow the The terms ‘‘negligible impact,’’ ‘‘small Cascadia Subduction Zone off the coasts instructions for submitting comments to numbers,’’ and ‘‘unmitigable adverse of Washington, Oregon, and British Docket No. FWS–R1–ES–2020–0131. impact’’ are defined in the Code of Columbia, Canada. The NSF We will post all comments on http:// Federal Regulations at 50 CFR 18.27, the subsequently postponed the project www.regulations.gov. You may request Service’s regulations governing take of until 2021. that we withhold personal identifying small numbers of marine mammals information from public review; Description of the Activities and incidental to specified activities. Specified Geographic Region however, we cannot guarantee that we ‘‘Negligible impact’’ is defined as an will be able to do so. See Request for impact resulting from the specified The specified activity (the ‘‘project’’) Public Comments for more information. activity that cannot be reasonably consists of Lamont-Doherty Earth FOR FURTHER INFORMATION CONTACT: Brad expected to, and is not reasonably likely Observatory’s (L–DEO) 2020 Marine Thompson, State Supervisor, U.S. Fish to, adversely affect the species or stock Geophysical Surveys by the Research and Wildlife Service, Washington Fish through effects on annual rates of Vessel Marcus G. Langseth (R/V and Wildlife Office, 510 Desmond Drive recruitment or survival. ‘‘Small Langseth) in the Northeast Pacific Ocean SE, Suite 102, Lacey, WA 98503–1273 numbers’’ is defined as a portion of a between May 1 and June 31, 2021. The (telephone 360–753–9440). marine mammal species or stock whose high-energy, two-dimensional (2–D) SUPPLEMENTARY INFORMATION: taking would have a negligible impact seismic surveys are expected to last for on that species or stock. However, we a total of 40 (nonconsecutive) days, Background do not rely on that definition as it including approximately 37 days of Section 101(a)(5)(D) of the Marine conflates the terms ‘‘small numbers’’ seismic operations, 2 days of equipment Mammal Protection Act of 1972, as and ‘‘negligible impact,’’ which we deployment/retrieval, and 1 day of amended (MMPA; 16 U.S.C. 1361, et recognize as two separate and distinct transit. A maximum of 6,890 km (4,281 seq.), authorizes the Secretary of the requirements (see Natural Res. Def. mi) of transect lines would be surveyed Interior to allow, upon request, the Council, Inc. v. Evans, 232 F. Supp. 2d in marine waters adjacent to Oregon, incidental, but not intentional, taking of 1003, 1025 (N.D. Cal. 2003)). Instead, in Washington, and British Columbia from small numbers of marine mammals by our small numbers determination, we 41° N to 50° N latitude and ¥124 N and U.S. citizens who engage in a specified evaluate whether the number of marine ¥130 W longitude, of which activity (other than commercial fishing) mammals likely to be taken is small approximately 6,600 km (4,101 mi) within a specified region during a relative to the size of the overall would be in the U.S. Exclusive period of not more than 1 year. population. ‘‘Unmitigable adverse Economic Zone and 295 km (183 mi) in Incidental take may be authorized only impact’’ is defined as an impact Canadian territorial waters. The Service if statutory and regulatory procedures resulting from the specified activity (1) cannot authorize the incidental take of are followed and the U.S. Fish and that is likely to reduce the availability marine mammals in waters not under Wildlife Service (hereafter, ‘‘the of the species to a level insufficient for the jurisdiction of the United States, and Service’’ or ‘‘we’’) makes the following a harvest to meet subsistence needs by the Washington stock of the northern findings: (i) The take is of a small (i) causing the marine mammals to sea otter is not found within Canadian number of marine mammals; (ii) the abandon or avoid hunting areas, (ii) territorial waters. Therefore, the

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Service’s calculation of estimated mammals, sea otters have little Harbor, broken down to north and south incidental take is limited to the subcutaneous fat. They depend on their of the Quillayute River. Surveys specified activity occurring in United clean, dense, water-resistant fur for indicate the otter population is not States jurisdictional waters within the insulation against the cold and maintain evenly distributed throughout the area stock’s range. a high level of internal heat production surveyed (Jeffries et al. 2019), and the The survey would include several to compensate for their lack of blubber. distribution of the population during strike lines, parallel (including one Consequently, their energetic the proposed project is likely to be continuous line along the continental requirements are high, and they similar to that detected during surveys, shelf) and perpendicular to the coast. consume an amount of food equivalent as work will occur during the same time The R/V Langseth will tow 4 strings to approximately 23 to 33 percent of of year as the surveys were conducted. containing an array of 36 airguns at a their body weight per day (Riedman and (See Table 2 for density estimations). A depth of 12 m (39 ft), creating a Estes 1990). discharge volume of approximately Northern sea otters forage in both density was not estimated for the area 6,600 cubic inches (in3) or 0.11 cubic rocky and soft-sediment communities in between Grays Harbor and the southern meter (m3) at a shot interval of 37.5 m water depths of 40 m (131 ft) or less end of the project; rather, we assumed (123 ft). The 36-airgun array could (Laidre et al. 2009), although otters have that the four sea otters estimated to operate 24 hours a day, except during been documented along the Washington occur there would be exposed. mitigation shutdowns, for the entirety of coast as far as 58 km (36 mi) offshore in Further biological information on this the 37 days of survey. The energy waters deeper than 200 m (656 ft) stock can be found in the Washington produced by the seismic array is (Pearson 2019; supplemental data Department of Fish and Wildlife’s broadband and ranges from a few hertz provided to USFWS). They tend to be Periodic Status Review (Sato 2018) and (Hz) to kilohertz (kHz); however, all but found closer to shore during storms, but Recovery Plan (Lance et al. 2004). The a small fraction of the energy is focused they venture farther out during good sea otters in this stock have no in the 10–300 Hz range (Tolstoy et al. weather and calm seas (Kenyon 1975). regulatory status under the ESA. The 2009). The receiving system would Sea otters occasionally make dives of up potential biological removal (PBR) for consist of one 15-km (9.3-mi) long to 100 m (328 ft) (Newby 1975), but the hydrophone streamer, Ocean Bottom vast majority of feeding dives (more this stock is 18 sea otters (USFWS Seismometers (OBSs), and Ocean than 95 percent) occur in waters less 2018). PBR is defined by the MMPA as Bottom Nodes (OBNs) deployed within than 40 m (131 ft) in depth (Tinker et the maximum number of animals, not the survey area. In addition to the al. 2006). Therefore, sea otter habitat is including natural mortalities, that may operations of the airgun array, a typically defined by the 40-m (131-ft) be removed from a marine mammal multibeam echosounder, a single-beam depth contour (Laidre et al. 2011). stock while allowing that stock to reach dual-frequency echosounder (4 and 12 The number of sea otters in this stock, or maintain its optimum sustainable kHz), a sub-bottom profiler (SBP), and for the purposes of this analysis, was population. While no mortality is an Acoustic Doppler Current Profiler estimated to be approximately 3,000, anticipated or authorized here, PBR is (ADCP) would be operated. Further based on survey count data and included as a gross indicator of the information and technical specifications projections for areas not surveyed. The status of the species. can be found in NSF’s IHA application estimated minimum abundance of the and the Service’s draft EA available at: stock, based on survey count data, was Sea Otter Hearing 2,785 sea otters within the area between http://www.regulations.gov, Docket No. Controlled sound exposure trials on a FWS–R1–ES–2020–2012;0131. Cape Flattery and Grays Harbor, single older male southern sea otter (E. Washington, between shore and the 40- Description of Northern Sea Otters in m (131-ft) depth contour (Jeffries et al. l. nereis) indicate that otters can hear the Specified Activity Area 2019). While systematic surveys farther frequencies between 125 Hz and 38 kHz The proposed area of specified offshore have not been conducted in with best sensitivity between 1.2 and 27 activity occurs within the range of the Washington or Oregon, otters have been kHz in air and 2 to 26 kHz underwater; Washington stock of the northern sea documented farther offshore (Pearson however, these thresholds may otter, a portion of the species’ range that 2019). Surveys conducted in Southeast underrepresent best hearing capabilities is not listed under the Endangered Alaska found 95 percent of northern sea in younger otters (Ghoul and Reichmuth Species Act of 1973, as amended (ESA). otters were found in areas shallower 2014). Aerial and underwater This stock primarily occurs along the than 40-m (131 ft) and 5 percent farther audiograms for a captive adult (14-year- Washington coast between Cape Flattery offshore (Tinker et al. 2019). Therefore, old) male southern sea otter in the and Grays Harbor, but small groups assuming a similar proportion of sea presence of ambient noise suggest the have been reported in the Straits of Juan otters in Washington occur offshore, we sea otter’s hearing was less sensitive to de Fuca and individual sea otters have added 5 percent (139 sea otters) to the high-frequency (greater than 22 kHz) been reported in Puget Sound and along minimum abundance to account for and low-frequency (less than 1 kHz) the Oregon coast as far south as Cape otters farther offshore than 40-m (131-ft) sound than terrestrial mustelids, but Blanco (Jeffries et al. 2019, USFWS depth contour, to get a total population was similar to that of a California sea 2018, unpublished observations J. Rice estimate of 2,924 for the area between lion (Zalophus californianus). However, OSU). Among the largest members of Cape Flattery and Grays Harbor. Based the subject otter was still able to hear the family Mustelidae but one of the on best professional judgment and low-frequency sounds, and the smallest of marine mammals, northern limited anecdotal observations, we detection thresholds for sounds between sea otters exhibit limited sexual estimate two sea otters would be dimorphism (males are larger than somewhere along the coast between 0.125–1 kHz were between 116–101 dB, females) and can attain weights and Grays Harbor and the Washington/ respectively. Dominant frequencies of lengths up to 40 kg (110 lb) and 1.4 m Oregon border and two sea otters would southern sea otter vocalizations are (4.6 ft), respectively. They have a typical be somewhere along the Oregon coast. between 3 and 8 kHz, with some energy life span of 11–15 years (Riedman and Otter densities were calculated for the extending above 60 kHz (McShane et al. Estes 1990). Unlike most other marine area between Cape Flattery and Grays 1995; Ghoul and Reichmuth 2012).

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Potential Impacts of the Proposed experience a hearing threshold shift mammals, because of their buoyancy Seismic Survey on Northern Sea Otters (TS), which is the loss of hearing and swimming style (Yeates et al. 2007), in Washington and Oregon sensitivity at certain frequency ranges thus displacement from or reduction of This section includes a summary of (Finneran 2015). TS can be permanent foraging in high-quality habitat could the ways that components of the (PTS), in which case there is physical result in increased energy expenditures. specified activity may impact sea otters damage to the sound receptors in the ear The energy expense and associated and their habitat. A more in-depth (i.e., tissue damage) and the loss of physiological effects could ultimately analysis can be found in the Service’s hearing sensitivity is not fully lead to reduced survival and draft EA (USFWS 2020). The Estimated recoverable, or temporary (TTS), in reproduction (Gill and Sutherland 2000; Take by Incidental Harassment of Sea which case there is primarily tissue Frid and Dill 2002). fatigue and the animal’s hearing Disturbances can also have indirect Otters section later in this document threshold would recover over time effects; for example, response to noise includes a quantitative analysis of the (Southall et al. 2007). Repeated sound disturbance is considered a nonlethal number of sea otters that are expected exposure that leads to TTS could cause stimulus that is similar to an to be taken by this activity. The PTS. Temporary or permanent loss of antipredator response (Frid and Dill Negligible Impact section considers the hearing will occur almost exclusively 2002). Sea otters are susceptible to content of the Estimated Take by for noise within an animal’s hearing predation, particularly from sharks and Incidental Harassment of Sea Otters range. Given the longer exposure eagles, and have a well-developed section, and the Mitigation and duration necessary to cause PTS as antipredator response to perceived Monitoring section, to draw conclusions compared with TTS, it is considerably threats, which includes actively looking regarding the likely impacts of these less likely that PTS would occur as a above and beneath the water. Although activities on the reproductive success or result of project activities because a sea an increase in vigilance or a flight survivorship of individuals and how otter could remove itself from exposure response is nonlethal, a tradeoff occurs those impacts on individuals are likely by coming to the surface. However, a sea between risk avoidance and energy to impact sea otters. otter underwater in close proximity to conservation. An animal’s reactions to Otters may be impacted while at the the higher level of sound could noise disturbance may cause stress and surface by the presence of the vessels experience PTS. In addition, otters direct an animal’s energy away from traveling to/from the ports to the startled by the sound while foraging in fitness-enhancing activities such as transects and operating along the deeper waters will be underwater longer feeding and mating (Frid and Dill 2002; transects. Otters underwater may be and potentially be exposed to more Goudie and Jones 2004). For example, impacted by the OBS/OBNs as they are acoustic sound. southern sea otters in areas with heavy deployed and the acoustic effects from Behavioral disturbance may include a recreational boat traffic demonstrated the airguns, OBS/SBP/ADCP/ variety of effects, including subtle changes in behavioral time budgeting echosounders, and ship noise. changes in behavior (e.g., minor or brief showing decreased time resting and Anthropogenic sounds cover a broad avoidance of an area, changes in changes in haul-out patterns and range of frequencies and sound levels vocalizations, or changes in antipredator distribution (Benham 2006; Maldini et and can have a range of highly variable response), more conspicuous changes in al. 2012). impacts on marine life, from none or similar behavioral activities, and more Chronic stress can also lead to minor to potentially severe responses, sustained and/or potentially severe weakened reflexes, lowered learning depending on signal characteristics, reactions, such as displacement from or responses (Welch and Welch 1970; van received levels, duration of exposure, abandonment of high-quality habitat. Polanen Petel et al. 2006), compromised behavioral context, and whether the sea Reactions by sea otters to anthropogenic immune function, decreased body otter is above or below the water noise can be manifested as visible startle weight, and abnormal thyroid function surface. Underwater sounds are not responses, flight responses (flushing (Seyle 1979). Changes in behavior likely to affect sea otters at the surface, into water from haulouts or ‘‘splash- resulting from anthropogenic due to the pressure release effect. Thus, down’’ alarm behavior in surface-resting disturbance can include increased the susceptibility of sea otters from rafts), changes in moving direction and/ agonistic interactions between underwater sounds would be restricted or speed, changes in or cessation of individuals or temporary or permanent to behaviors during which the head or certain behaviors (such as grooming, abandonment of an area (Barton et al. body is submerged, such as during socializing, or feeding), or avoidance of 1998). The type and extent of response foraging dives and underwater areas where noise sources are located. may be influenced by intensity of the swimming and, intermittently, during The biological significance of these disturbance (Cevasco et al. 2001), the grooming bouts. The proposed activities behavioral disturbances is difficult to extent of previous exposure to humans include underwater sound sources that predict, especially if the detected (Holcomb et al. 2009), the type of are impulsive (airguns) and non- disturbances appear minor. However, disturbance (Andersen et al. 2012), and impulsive (OBS/SBP/ADCP/ the consequences of behavioral the age or sex of the individuals echosounders and ship noise). Potential modification would be expected to be (Shaughnessy et al. 2008; Holcomb et al. effects from impulsive sound sources biologically significant if the change 2009). can range in severity from effects such affected growth, survival, or Exposure Thresholds—Although no as behavioral disturbance or tactile reproduction. specific thresholds have been developed perception to physical discomfort, slight Potentially significant behavioral for sea otters, several alternative to severe injury of the internal organs modifications include disturbance of behavioral response thresholds have and the auditory system, or mortality resting sea otters, marked disruption of been developed for otariid pinnipeds. (Yelverton et al. 1973; Yelverton and foraging behaviors, separation of Otariid pinnipeds (e.g., California sea Richmond 1981; Turnpenny and mothers from pups, or disruption of lions [Zalophus californianus]) have a Nedwell 1994; Turnpenny et al. 1994). spatial and social patterns (sexual frequency range of hearing most similar Marine mammals exposed to high- segregation and male territoriality). to that measured in a southern sea otter intensity sound, or to lower-intensity Foraging is energetically costly to sea (Ghoul and Reichmuth 2014) and sound for prolonged periods, can otters, more so than other marine provide the closest related proxy for

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which data are available. Sea otters and least a portion of their body underwater during airgun operations, visual pinnipeds share a common mammalian (foraging, other diving, or grooming observers would be employed during aural physiology (Echteler et al. 1994; behaviors that result in the head being daylight hours, in order to establish a Solntseva 2007). Both are adapted to underwater) and forage both diurnally 500-m (1,640 ft) exclusion zone. Any sea amphibious hearing, and both use and nocturnally (Esslinger et al. 2014, otter observed in this zone would lead sound in the same way (primarily for Laidre et al. 2009, Yeates et al. 2007, to a shutdown of the airgun array. communication rather than feeding). Tinker et al. 2008). Seismic survey However, there will be gaps in the NMFS criteria for Level A harassment activities can operate 24 hours/day and visual coverage, in particular during represents the best available information otters may be exposed at any time. Any nighttime operations in Oregon and for predicting injury from exposure to single point along the transects could be beyond 200 m (656 ft) in Washington. In underwater sound among pinnipeds, above thresholds for a maximum of 6.5 addition, under poor weather conditions and in the absence of data specific to hours, during which time sea otters in and some good weather conditions, otters, we assume these criteria also that area would engage in underwater observers cannot be 100 percent represent appropriate exposure behaviors and would be exposed to effective and may not detect a sea otter thresholds for Level A harassment of sea underwater sound. Some areas along the in, or about to enter, the exclusion zone. otters. transects will be ensonified more than Further, visual observations cannot For otariid pinnipeds, PTS is once. cover the entirety of the area with sound predicted to occur at 232 dB peak or 203 Because sea otters spend a levels that may cause behavioral dB SELcum (cumulative sound considerable portion of their time at the changes. The lack of ability to fully exposure level) for impulsive sound, or surface of the water, they are typically monitor the ensonified area means an 219 dB SELcum for non-impulsive visually aware of approaching boats and otter(s) may go unobserved and be (continuous) sound (NMFS 2018). are able to move away if the vessel is exposed to underwater noise that results Exposure to unmitigated in-water noise not traveling too quickly. The noise of in Level A and/or Level B harassment. levels between 125 Hz and 38 kHz that approaching boats provides an are greater than 232 dB peak or 203 dB additional warning, thus otters should Potential Effects of the Proposed SELcum for impulsive sound or 219 dB be able to detect the vessels and paddle Activity on Northern Sea Otter Habitat SELcum for non-impulsive (continuous) away, rather than be startled and go Physical and biological features of sound will be considered by the Service subsurface. Because the R/V Langseth habitat essential to the conservation of as Level A harassment. NMFS predicts would be traveling relatively slowly (4.5 sea otters include the benthic that marine mammals are likely to be knots) during the surveys, it is unlikely invertebrates (crabs, urchins, mussels, behaviorally harassed in a manner that sea otters would suffer injury or clams, etc.) eaten by otters and the considered Level B harassment when death from a vessel collision. Otters that shallow rocky areas and kelp beds that exposed to underwater anthropogenic may be foraging may be startled by the provide cover from predators. Important noise above received levels of 120 dB re remotely operated vehicle deployed to sea otter habitat areas of significance in 1 mPa (rms) for continuous (e.g., retrieve OBNs in waters >60 m (197 ft) the NSF and L–DEO project area include vibratory pile-driving, drilling) and along three transects perpendicular to coastal areas within the 40-m (131-ft) above 160 dB re 1 mPa (rms) for non- the Oregon coast. depth contour where high densities of explosive impulsive (e.g., seismic The potential for exposure to all otters have been detected, although airguns) or intermittent (e.g., scientific activities is likely to be limited to where deeper waters may be important for sonar) sources (NMFS 2018). the vessel is operating in waters <1,000 male sea otters. A number of recent Thresholds based on TTS can be used m (3,280 ft) deep, as we do not reviews and empirical studies have as a proxy for Level B harassment. anticipate otters to be farther offshore. addressed the effects of noise on Based on studies summarized by Off the Washington coast, females invertebrates (Carroll et al. 2017), sea Finneran (2015), NMFS (2018) has set primarily forage and rest in waters <40 otter prey, with some studies showing the TTS threshold for otariid pinnipeds m (131 ft), but males spend less time little or no effects and others indicating at 188 dB SELcum for impulsive sounds foraging close to shore and rest farther deleterious effects from exposure to and 199 dB SELcum for non-impulsive offshore than females (Laidre et al. increased sound levels. Given the short- sounds. Thus, using information 2009), venturing as far offshore as 58 km term duration of sounds produced by available for other marine mammals, (36 mi) (Pearson 2019). Within the each component of the proposed specifically otariid pinnipeds, as a waters adjacent to Washington and project, it is unlikely that noises surrogate, and taking into consideration northern Oregon (to Tillamook Head), generated by survey activities will have the best available information about sea the ensonified zone would not penetrate any lasting effect on sea otter prey (see otters, the Service has set the received the waters between shore and the 40-m the Service’s draft EA (USFWS 2020) for sound level underwater of 160 dB re 1 (131-ft) depth contour, thus sea otters further information). The MMPA allows mPa (rms) as a threshold for Level B that may be exposed are more likely to the Service to identify avoidance and harassment for sea otters based on the be the males that occur farther offshore. minimization measures for affecting the work of Ghoul and Reichmuth (2012), The otters along the Oregon coast are least practicable impact of the specified McShane et al. (1995), Riedman (1983), presumed to be males, based on activity on important habitats. Although Richardson et al. (1995), and others. stranding data (FWS unpublished data). sea otters within this important habitat Exposure to unmitigated impulsive in- NSF and L–DEO have proposed may be impacted by geophysical water noise levels between 125 Hz and measures to minimize the chances of sea surveys conducted by NSF and L–DEO, 38 kHz that are greater than 160 dB re otter exposure to the seismic surveys. the project, as currently proposed, is not 1 mPa (rms) will be considered by the Along the Washington coast in waters likely to cause lasting effects to habitat. Service as Level B harassment. <200 m (656 ft) deep, the airgun array Exposure to Project Activities—Based would operate only during daylight Potential Impacts of the Proposed on the studies on sea otters in hours. The airgun startup would be Activity on Subsistence Needs Washington, California, and Alaska, we ramped in order to alert otters that are The subsistence provision of the believe sea otters spend between 40 and underwater, in the hope they would MMPA does not apply to northern sea 60 percent of a 24-hour period with at move away. Prior to airgun startup and otters in Washington and Oregon.

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Mitigation and Monitoring Estimated Take by Incidental activities. We assumed all animals In order to issue an IHA under Harassment of Northern Sea Otters exposed to underwater sound levels that Section 101(a)(5)(D) of the MMPA, the In a previous section, we discussed meet the acoustic exposure criteria Service must set forth the permissible the components of the project activities would experience Level A (>232 dBRMS) methods of taking pursuant to the that have the potential to affect sea or Level B (160–232 dBRMS) harassment. activity, and other means of affecting otters and the physiological and To determine the number of otters that the least practicable impact on the behavioral effects that can be expected. may be exposed to these sound levels, we created spatially explicit zones of species or stock and its habitat, paying Here, we discuss how the Service ensonification using the proposed particular attention to habitat areas of characterizes these effects under the reduced survey transect lines and significance and the availability of sea MMPA. determined the number of otters present otters for subsistence uses by coastal- An individual sea otter’s reaction to in the ensonification zones using dwelling Alaska Natives, although this human activity will depend on the density information generated from factor is not applicable for this action. otter’s prior exposure to the activity, its minimum population estimates in In evaluating how mitigation may or need to be in the particular area, its Jeffries et al. (2019), which subdivides may not be appropriate to ensure the physiological status, or other intrinsic the surveyed area into Cape Flattery to least practicable impact on species or factors. The location, timing, frequency, La Push and La Push to north entrance stocks and their habitat, as well as intensity, and duration of the encounter of Grays Harbor. An in-depth subsistence uses where applicable, we are among the external factors that will carefully consider two primary factors: explanation of the process used can be also influence the animal’s response. found in the Service’s draft EA (USFWS (1) The manner in which, and the Intermediate reactions that disrupt degree to which, the successful 2020) available at: http:// biologically significant behaviors are www.regulations.gov, Docket No. FWS– implementation of the measure(s) is considered Level B harassment under expected to reduce impacts to marine R1–ES–2020–0131. the MMPA. The Service has identified The Level A and Level B underwater mammals, marine mammal species or the following sea otter behaviors as stocks, and their habitat. This considers sound thresholds were used to create indicating possible Level B harassment: spatially explicit ensonification zones the nature of the potential adverse • Swimming away at a fast pace on impact being mitigated (i.e., likelihood, surrounding the proposed project belly (i.e., porpoising); transects. We created a buffer with a 46- scope, range). It further considers the • Repeatedly raising the head likelihood that the measure will be m (151-ft) width around the proposed vertically above the water to get a better project transects to account for the Level effective if implemented (probability of view (spy hopping) while apparently accomplishing the mitigating result if A ensonified area on either side of the agitated or while swimming away; 24-m-wide (79-ft-wide) airgun array. To implemented as planned), the • In the case of a pup, repeatedly spy determine the Level B ensonified area, likelihood of effective implementation hopping while hiding behind and (probability implemented as planned); we placed a 12,650-m (7.9-mi) buffer holding onto its mother’s head; around transects in water <100 m (328 and • Abandoning prey or feeding area; (2) The practicability of the measures ft) deep, and a 9,468-m (5.9-mi) buffer • Ceasing to nurse and/or rest for applicant implementation, which around transects in water 100–1,000 m (applies to dependent pups); may consider such things as cost, (328–3,280 ft) deep. • Ceasing to rest (applies to impact on operations, and, in the case The minimum population estimate independent animals); of a military readiness activity, from Jeffries et al. (2019) can be • Ceasing to use movement corridors personnel safety, practicality of specifically applied to the surveyed along the shoreline; implementation, and impact on the area, which included the Washington • Ceasing mating behaviors; effectiveness of the military readiness coastline between Cape Flattery and • Shifting/jostling/agitation in a raft activity. Grays Harbor in the nearshore areas less so that the raft disperses; To reduce the potential for than 25-m (82-ft) depth contour. Sea • Sudden diving of an entire raft; or disturbance to marine mammals caused otters are overwhelmingly observed (95 • Flushing animals off of a haulout. by acoustic stimuli associated with IHA percent) within the 40-m (131-ft) depth This list is not meant to encompass all activities, NSF has proposed to contour (Laidre et al. 2009; Tinker et al. possible behaviors; other situations may implement mitigation measures for the 2019), thus for the purposes of this also indicate Level B harassment. northern sea otter including, but not analysis, the population estimated by Reactions capable of causing injury limited to, the following: Jeffries et al. (2019) is assumed to apply • Development of marine mammal are characterized as Level A harassment to the 40-m (131-ft) depth contour for monitoring and mitigation plans; events. However, it is also important to the waters between Grays Harbor and • Reduced survey transect lines and note that, depending on the duration Cape Flattery. The minimum abundance daylight-only operations in area of and severity of the above-described estimates from Jeffries et al. (2019) were highest sea otter densities; Level B behaviors, such responses could divided north and south of the • Establishment of shutdown and constitute take by Level A harassment. Quillayute River, thus for this analysis monitoring zones; For example, while a single flushing habitat was divided into subregions, • Vessel-based visual mitigation event would likely indicate Level B Cape Flattery south to Quillayute River monitoring by Protected Species harassment, repeatedly flushing sea (subregion north) and Quillayute River Observers; otters from a haulout may constitute to Grays Harbor (subregion mid). • Site clearing before start-up; Level A harassment. Density estimates for the north and mid • Soft-start and shutdown subregions were calculated by dividing Calculating Estimate of Takes procedures. the population estimate for that The specific methods to be In the sections below, we estimate subregion (Jeffries et al. 2019) by the implemented are further specified in the take by harassment of the numbers of area from shore to the 40-m (131-ft) Service’s draft EA (USFWS 2020) sea otters from the Washington stock (in depth contour. See Table 1 for projected available at: http://www.regulations.gov, Oregon and Washington) that are likely sea otter abundance and density Docket No. FWS–R1–ES–2020–0131. to be affected during the proposed estimates.

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Sea otter abundances outside of the depth contour in the Mid subregion. We Cape Blanco, Oregon (unpublished FWS area covered by surveys were inferred/ do not have a reasonable method for data; Jim Rice, Oregon State University, estimated as follows. determining the density of otters in the pers. comm). We do not have data to • North and Mid subregions 40–100- waters this deep and far offshore, thus inform a density estimate for these m (131–328-ft) depth contour: While 95 for the purposes of calculating the areas; however, in our best professional percent of sea otters are observed within number of otters that may be exposed, judgment we estimated that a minimum the 40-m (131-ft) depth contour, otters we assumed 2 otters could be in the of four sea otters may be in the south do occur farther off shore (see Pearson waters >100-m (328-ft) depth contour in subregion at the time of the project. 2019 for specific instances off the Mid subregion. Pearson (2019) observed one sea otter in Washington coast), thus lower density • waters >100-m (328-ft) depth contour in otter habitat was delineated between the South subregion: Includes the area 40- and 100-m (131- and 328-ft) depth from Grays Harbor south to Oregon/ the South subregion. We do not have a contours. To calculate the density of California border. This subregion was reasonable method for determining the otters in lower density (40–10-m or 131– further divided into three areas because density of otters in the waters this deep 328-ft) habitat, we multiplied the of the differences in transects and sea and far offshore, thus for the purposes density of the adjacent high-density otter observations: Grays Harbor to of calculating the number of otters that habitat by 0.05. Washington/Oregon border, Northern may be exposed in the Grays Harbor to • North and Mid subregions >100-m Oregon, Southern Oregon. There are no WA/OR border, we assumed two sea (328-ft) depth contour: Pearson (2019) systematic surveys conducted south of otters could be at any depth. In Oregon, observed two sea otters (1 in 2017 and Grays Harbor, but there are consistent we assumed one otter in each of the two 1 in 2018) in waters >100-m (328-ft) reports of individuals as far south as areas, which could be at any depth.

TABLE 1—ESTIMATED SEA OTTER ABUNDANCE AND DENSITIES FOR THE ANALYSIS AREA

High density Lower density (<40 m) (40–100 m) Subregion Abundance Area Density Abundance Area Density estimate (km2) estimate (km2)

North ...... 549 456 1.2 27 556 0.05 Mid ...... 2,236 1,434 1.56 112 2,060 0.05 South ...... 4

The area impacted in each subregion The following assumptions were side of the species, attributing the and depth contour was multiplied by pertinent to our estimate of harassment harassment to Level A. In the areas the estimated otter density to determine take (see above for specific rationale): where a density estimate cannot be used the number of otters that would • No otters will occur >100-m (328-ft) to differentiate the number of otters depth contour in North subregion. exposed to Level A or Level B, we experience Level A and Level B sound • levels (Tables 2 and 3). The total Visual observers will not be able to attributed the harassment to Level A. see sea otters in poor weather number of takes was predicted by • During the project, only two sea conditions and will not be observing at estimating the projected days of activity otters will be in the waters offshore of night. When visual observers are not in each subregion and depth contour Southwest Washington between Grays able to effectively observe sea otters, using the reduced transects supplied by there would be no mitigation Harbor and Washington/Oregon border. NSF. In several areas, the length and (shutdown) applied. These two sea otters may be in waters direction of the proposed survey • When visual observers are not able >100 m (328 ft), thus harassment was transect lines make it highly unlikely to observe sea otters they could be assigned at Level A conditions. that impacts will occur on only 1 day. exposed to harassment that has the • During the project, only two sea In these instances, we estimated the potential to injure (Level A) or disturb otters will be in the waters offshore of days of disturbance based on the by causing disruption of behavioral Oregon. These two sea otters may be in number of passes of the survey transect patterns (Level B). For the purposes of waters at any depth contour, thus lines. this analysis, we applied our best harassment was assigned at Level A professional judgment and erred on the conditions.

TABLE 2—ESTIMATED NUMBER OF NORTHERN SEA OTTERS ENSONIFIED BY SOUND LEVELS GREATER THAN 232 dBRMS (LEVEL A) DUE TO THE PROPOSED ACTIVITIES Take was calculated by multiplying the area ensonified in each subregion by that subregion’s sea otter density or specific estimate, then multiplied by the projected days of ensonification]

Area Estimated Projected Estimated Subregion Habitat type Density impacted days of survey (otters/km2) take/day (km2) take total takes

North ...... High (<40m) ...... 1.2 ...... 0 0 ...... 0 Low (40–100 m) ...... 05 ...... 0 0 ...... 0 Offshore (>100 m) ...... 0 ...... 0 Mid ...... High (<40 m) ...... 1.56 ...... 0 0 ...... 0 Low (40–100 m) ...... 0.05 ...... 0 0 ...... 0 Offshore (>100 m) ...... 2 otters ...... 2 2 4

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TABLE 2—ESTIMATED NUMBER OF NORTHERN SEA OTTERS ENSONIFIED BY SOUND LEVELS GREATER THAN 232 dBRMS (LEVEL A) DUE TO THE PROPOSED ACTIVITIES—Continued Take was calculated by multiplying the area ensonified in each subregion by that subregion’s sea otter density or specific estimate, then multiplied by the projected days of ensonification]

Area Estimated Projected Estimated Subregion Habitat type Density impacted days of survey (otters/km2) take/day (km2) take total takes

Grays Harbor-WA/OR ...... 2 otter ...... 2 2 4 border. N Oregon ...... 1 otter ...... 1 2 2 S Oregon ...... 1 otter ...... 1 3 3

Total ...... 5 ...... 13

Estimated Stock Total ...... 2,928 Percentage of Stock ...... 0.44

TABLE 3—ESTIMATED NUMBER OF NORTHERN SEA OTTERS ENSONIFIED BY SOUND LEVELS GREATER THAN 160 dBRMS (LEVEL B) DUE TO THE PROPOSED ACTIVITIES [Take was calculated by multiplying the area ensonified in each subregion by that subregion’s sea otter density or specific estimate, then multiplied by the projected days of ensonification]

Area Estimated Projected Estimated Subregion Habitat type Density impacted days of survey (otters/km2) take/day (km2) take total takes

North ...... High (<40 m) ...... 1.2 ...... 0 0 0 0 Low (40–100 m) ...... 05 ...... 0 0 1 0 Low (40–100 m) ...... 05 ...... 0 0 2 0 Offshore (>00 m) ...... 0 ...... Mid ...... High (<40 m) ...... 1.56 ...... 0 0 ...... 0 Low (40–100 m) ...... 0.05 ...... 0 0 2 0

Offshore (>100 m) ...... 2 otters ...... Accounted for in Level A. Grays Harbor–WA/OR border ...... 2 otters ...... Accounted for in Level A. N Oregon ...... 1 otter ...... Accounted for in Level A. S Oregon ...... 1 otter ...... Accounted for in Level A.

Total ...... 0 ...... 0

Estimated Stock Total ...... 2,928 Percentage of Stock ...... 0.00

We expect that up to 13 sea otters may Findings NSF and L–DEO project will take only experience Level A and/or Level B take a small number of marine mammals. The Service proposes the following due to harassment by noise (Tables 2 Negligible Impact and 3). While sea otters in these areas findings regarding this action: are most likely to be exposed to Level Small Numbers Determination We propose a finding that any B harassment, during times when sea incidental take by harassment resulting otters cannot be observed, we are erring The statute and legislative history do from the proposed activity cannot be on the side of the species and attributing not expressly require a specific type of reasonably expected to, and is not the potential harassment to Level A, numerical analysis for the small take reasonably likely to, adversely affect the thus the total number of otters harassed evaluation, leaving the determination of sea otter through effects on annual rates is accounted for under Level A. The ‘‘small’’ to the agency’s discretion. In of recruitment or survival and will, revised transects provided by NSF this case, we propose a finding that the therefore, have no more than a resulted in the area of ensonification NSF and L–DEO project may result in negligible impact on the species or being beyond the 100-m (328-ft) depth incidental take of up to 13 otters from stocks. In making this finding, we contour for the entire coast of the Washington sea otter stock. This considered the best available scientific represents less than 1 percent of the Washington; therefore, no otters in information, including: (1) The stock. Predicted levels of take were biological and behavioral characteristics waters less than 100 m (328 ft) deep are determined based on estimated density of the species; (2) the most recent anticipated to be harassed by the of sea otters in the project area and an information on species distribution and activities. The total number of ensonification zone developed using abundance within the area of the incidental takes of sea otters is expected empirical evidence from the same specified activity; (3) the current and to be less than 13. Take from sources geographic area and corrected for the expected future status of the stock other than noise is not expected. methodology proposed by NSF and L– (including existing and foreseeable DEO for this project. Based on these human and natural stressors); (4) the numbers, we propose a finding that the potential sources of disturbance caused

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by the project; and (5) the potential With implementation of the proposed required by section 102(2) of NEPA or responses of marine mammals to this project, sea otter habitat may be its implementing regulations. We are disturbance. In addition, we reviewed impacted by elevated sound levels, but accepting comments on the draft EA as applicant-provided material, these impacts would be temporary and described above in ADDRESSES. information in our files and datasets, are not anticipated to result in Government-to-Government Relations published reference materials, and input detrimental impacts to sea otter prey With Native American Tribal from experts on the sea otter. species. Because of the temporary Governments The Service does not anticipate that nature of the disturbance, the impacts to mortality of affected otters would occur sea otters and the food sources they In accordance with: The President’s as a result of NSF and L–DEO’s planned utilize are not expected to cause memorandum of April 29, 1994, survey. Thus, mortality is not significant or long-term consequences ‘‘Government-to-Government Relations authorized. We are proposing to for individual sea otters or their with Native American Tribal authorize Level A and Level B population. Governments’’ (59 FR 22951); the Native harassment of 13 sea otters. The effects The proposed mitigation measures are American Policy of the Service (January to these individuals are unknown, and expected to reduce the number and/or 20, 2016); Executive Order 13175 lasting effects to survival and severity of take events by allowing for (November 6, 2000); and the Department reproduction for these otters are detection of sea otters in the vicinity of of the Interior’s manual at 512 DM 2, we possible. However, we believe that any the vessel by visual observers, and by readily acknowledge our responsibility PTS incurred as a result of the planned minimizing the severity of any potential to communicate meaningfully with activity would be in the form of only a exposures via shutdowns of the airgun Federally recognized Tribes on a small degree of PTS, not total deafness, array. These measures, and the Government-to-Government basis. We and would be unlikely to affect the monitoring and reporting procedures, have evaluated possible effects of the proposed MMPA take authorization on fitness of any individuals for the are required for the validity of our federally recognized Indian Tribes and following reasons: (1) The constant finding and are a necessary component have determined that there are no movement of the R/V Langseth means of the proposed IHA. For these reasons, effects. the vessel is not expected to remain in we propose a finding that the 2021 NSF any one area in which individual otters and L–DEO project will have a Proposed Authorization may spend an extended period of time negligible impact on sea otters. We propose to issue an IHA to NSF (i.e., since the duration of exposure to Impact on Subsistence for incidental takes by Level A and loud sounds will be relatively short); Level B harassment of up to 13 sea The subsistence provision of the and (2) we expect that sea otters would otters from the Washington stock of the be likely to move away from a sound MMPA does not apply to northern sea northern sea otter. The final source that represents an aversive otters in Washington and Oregon. authorization would incorporate the stimulus, especially at levels that would Required Determinations mitigation, monitoring, and reporting be expected to result in PTS, given measures as described below and fully sufficient notice of the R/V Langseth’s Endangered Species Act detailed in the draft EA. The taking of approach due to the vessel’s relatively The Service’s proposed take sea otters whenever the required low speed when conducting seismic authorization has no effect on any conditions, mitigation, monitoring, and surveys. species listed as threatened or reporting measures are not fully We expect that the majority of takes endangered under the ESA. The implemented as required by the IHA would be in the form of short-term proposed NSF Seismic Survey is a will be prohibited. Failure to follow behavioral harassment in the form of Federal action currently undergoing these measures may result in the temporary avoidance of the area or separate interagency consultation with modification, suspension, or revocation ceasing/decreased foraging (if such the Service pursuant to the ESA. As of the IHA. Authorized take will be activity were occurring). Reactions to ESA-listed species or critical habitat limited to PTS and disruption of this type of harassment could have will not be impacted by the Service’s behavioral patterns that may be caused significant biological impacts for proposed take authorization, intra- by geophysical surveys and support affected individuals but are not likely to agency consultation for the permit activities conducted by NSF and L–DEO result in measurable changes in their action is not required. in Washington and Oregon from May 1 survival or reproduction. The otters to June 30, 2021. We anticipate no take National Environmental Policy Act subject to short-term behavioral in the form of death of northern sea harassment would be the same otters We have prepared a draft EA (USFWS otters resulting from these surveys. that may be subject to Level A 2020) addressing the proposed MMPA If take exceeds the level or type harassment. take authorization in accordance with identified in the proposed authorization The total number of animals affected the requirements of NEPA (42 U.S.C. (e.g., greater than 13 incidents of take of and severity of impact is not sufficient 4321 et seq.). Based on the findings sea otters), the IHA will be invalidated to change the current population presented in the EA, we have and the Service will reevaluate its dynamics of the sea otter at the preliminarily concluded that approval findings. If project activities cause subregion or stock scales. Although the and issuance of the authorization for the unauthorized take, the applicant must specified activities may result in the nonlethal, incidental, unintentional take take the following actions: (i) Cease its take of up to 13 sea otters from the by Level A and Level B harassment of activities immediately (or reduce Washington stock, we do not expect this small numbers of the Washington stock activities to the minimum level level of harassment to affect annual of the northern sea otter caused by necessary to maintain safety); (ii) report rates of recruitment or survival or result activities conducted by the applicant the details of the incident to the in adverse effects on the species or stock would not significantly affect the Service’s Washington Fish and Wildlife as all of the projected takes occur quality of the human environment, and Office within 48 hours; and (iii) outside of the areas used by females and that the preparation of an environmental suspend further activities until the are most likely to be males. impact statement for this action is not Service has reviewed the circumstances,

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determined whether additional 1983 geographic coordinate system. In INTERNATIONAL TRADE mitigation measures are necessary to addition to the report, all raw COMMISSION avoid further unauthorized taking, and observational data shall be made [Investigation No. 337–TA–1236] notified the applicant that they may available to the Service. The report will resume project activities. be accompanied by a certification from Certain Polycrystalline Diamond All operations managers and vessel the lead PSO as to the accuracy of the Compacts and Articles Containing operators must possess a copy of the report, and the lead PSO may submit Same; Notice of Commission IHA and maintain access to it for directly to the Service a statement Determination Not To Review an Initial reference at all times during project concerning implementation and Determination Amending the work. These personnel must effectiveness of the required mitigation Complaint and Notice of Investigation understand, be fully aware of, and be and monitoring. capable of implementing the conditions AGENCY: U.S. International Trade of the IHA at all times during project References Commission. work. ACTION: Notice. The IHA will apply to activities A list of the references cited in this associated with the proposed project as notice is available at SUMMARY: Notice is hereby given that described in this document, the draft www.regulations.gov in Docket No. the U.S. International Trade EA, and in the applicant’s amended FWS–R1–ES–2020–0131. Commission (‘‘Commission’’) has application and environmental determined not to review an initial assessments. Changes to the proposed Request for Public Comments determination (‘‘ID’’) (Order No. 8) of project without prior Service If you wish to comment on this the presiding administrative law judge authorization may invalidate the IHA. (‘‘ALJ’’) granting an unopposed motion proposed authorization or the associated Operators shall allow Service of complainant US Synthetic draft EA, or both, you may submit your personnel or the Service’s designated Corporation for leave to amend the comments by any of the methods representative to visit project work sites complaint and notice of investigation to to monitor impacts to sea otters at any described in ADDRESSES. Please identify substitute Guangdong Juxin New time throughout project activities so if you are commenting on the proposed Materials Technology Co., Ltd.as a long as it is safe to do so. ‘‘Operators’’ IHA, draft EA, or both. Please make your respondent in place of Zhuhai Juxin are all personnel operating under the comments as specific as possible, Technology. applicant’s authority, including all confine them to issues pertinent to the FOR FURTHER INFORMATION CONTACT: contractors and subcontractors. proposed authorization, and explain the Ronald A. Traud, Esq., Office of the A final report will be submitted by reason for any changes you recommend. General Counsel, U.S. International NSF to the Service within 90 days after Where possible, your comments should completion of work or expiration of the Trade Commission, 500 E Street SW, reference the specific section or Washington, DC 20436, telephone (202) IHA. The report will describe the paragraph that you are addressing. The operations that were conducted and 205–3427. Copies of non-confidential Service will consider all comments that documents filed in connection with this document sightings of sea otters near are received before the close of the the operations. The report will provide investigation may be viewed on the comment period (see DATES above). full documentation of methods, results, Commission’s electronic docket (EDIS) and interpretation pertaining to all Before including your address, phone at https://edis.usitc.gov. For help monitoring, including factors number, email address, or other accessing EDIS, please email influencing visibility and detectability personal identifying information in your [email protected]. General of sea otters. The final report will comment, you should be aware that information concerning the Commission summarize the dates and locations of your entire comment—including your may also be obtained by accessing its seismic operations, and all northern sea personal identifying information—may internet server at https://www.usitc.gov. otter sightings (dates, times, locations, be made publicly available at any time. Hearing-impaired persons are advised activities, associated seismic survey While you can ask us in your comment that information on this matter can be activities). The report will also include to withhold your personal identifying obtained by contacting the estimates of the number and nature of information from public review, we Commission’s TDD terminal on (202) exposures, if any, that occurred above cannot guarantee that we will be able to 205–1810. the harassment threshold based on do so. SUPPLEMENTARY INFORMATION: The Protected Species Observer (PSO) Commission instituted this investigation observations and including an estimate Dated: February 23, 2021. on December 29, 2020, based on a of those that were not detected. Hugh Morrison, complaint filed by US Synthetic The report shall also include geo- Deputy Regional Director, Interior Regions 9 Corporation of Orem, Utah (‘‘US referenced time-stamped vessel transect and 12. Synthetic’’). 85 FR 85661 (Dec. 29, lines for all time periods during which [FR Doc. 2021–04081 Filed 2–26–21; 8:45 am] 2020). The complaint alleges violations airguns were operating. Transect lines BILLING CODE 4333–15–P of section 337 of the Tariff Act of 1930, should include points recording any as amended, 19 U.S.C. 1337 (‘‘section change in airgun status (e.g., when the 337’’), based upon the importation into airguns began operating, when they the United States, the sale for were turned off, or when they changed importation, and the sale within the from a full array to a single gun or vice United States after importation of versa). GIS files shall be provided in certain polycrystalline diamond ESRI shapefile format and include the compacts and articles containing same UTC date and time, latitude in decimal by reason of infringement of certain degrees, and longitude in decimal claims of U.S. Patent Nos. 9,932,274; degrees. All coordinates shall be 10,508,502; 9,315,881; 10,507,565; and referenced to the GCS_North_American_ 8,616,306. Id. The complaint further

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alleges that an industry in the United should the Commission find a violation. orders in this investigation, should the States exists as required by section 337. This notice is soliciting comments from Commission find a violation, would Id. The notice of investigation named the public only. affect the public health and welfare in numerous respondents, including FOR FURTHER INFORMATION CONTACT: the United States, competitive Zhuhai Juxin Technology of Zhuhai, Lynde Herzbach, Office of the General conditions in the United States China. Id. at 85662. The Office of Unfair Counsel, U.S. International Trade economy, the production of like or Import Investigations is not Commission, 500 E Street SW, directly competitive articles in the participating in the investigation. Id. Washington, DC 20436, telephone (202) United States, or United States On February 4, 2021, US Synthetic 205–3228. Copies of non-confidential consumers. filed an unopposed motion to substitute documents filed in connection with this In particular, the Commission is Guangdong Juxin New Materials investigation may be viewed on the interested in comments that: Technology Co., Ltd. as a respondent in Commission’s electronic docket (EDIS) (i) Explain how the articles potentially place of Zhuhai Juxin Technology. at https://edis.usitc.gov. For help subject to the recommended remedial orders On February 8, 2021, the ALJ issued accessing EDIS, please email are used in the United States; Order No. 8, the subject ID, which [email protected]. General (ii) identify any public health, safety, or granted the motion. The ID found that information concerning the Commission welfare concerns in the United States relating the motion complied with Commission to the recommended orders; may also be obtained by accessing its (iii) identify like or directly competitive Rule 210.14(b)(1). internet server at https://www.usitc.gov. articles that complainant, its licensees, or No party petitioned for review of the Hearing-impaired persons are advised third parties make in the United States which subject ID. that information on this matter can be could replace the subject articles if they were The Commission has determined not obtained by contacting the to be excluded; to review the ID. Accordingly, Commission’s TDD terminal, telephone (iv) indicate whether complainant, Guangdong Juxin New Materials 202–205–1810. complainant’s licensees, and/or third-party Technology Co., Ltd.is substituted as a suppliers have the capacity to replace the SUPPLEMENTARY INFORMATION: Parties are volume of articles potentially subject to the respondent in place of Zhuhai Juxin to file public interest submissions Technology. recommended orders within a commercially pursuant to 19 CFR 210.50(a)(4). reasonable time; and The Commission vote for this Section 337 of the Tariff Act of 1930 (v) explain how the recommended orders determination took place on February provides that, if the Commission finds would impact consumers in the United 24, 2021. a violation, it shall exclude the articles States. The authority for the Commission’s concerned from the United States: Written submissions must be filed no determination is contained in section later than by close of business on March 337 of the Tariff Act of 1930, as unless, after considering the effect of such exclusion upon the public health and 9, 2021. amended (19 U.S.C. 1337), and in Part Persons filing written submissions 210 of the Commission’s Rules of welfare, competitive conditions in the United States economy, the production of like or must file the original document Practice and Procedure (19 CFR part directly competitive articles in the United electronically on or before the deadlines 210). States, and United States consumers, it finds stated above. The Commission’s paper By order of the Commission. that such articles should not be excluded filing requirements in 19 CFR 210.4(f) Issued: February 24, 2021. from entry. are currently waived. 85 FR 15798 Lisa Barton, 19 U.S.C. 1337(d)(1). A similar (March 19, 2020). Submissions should Secretary to the Commission. provision applies to cease and desist refer to the investigation number (‘‘Inv. [FR Doc. 2021–04164 Filed 2–26–21; 8:45 am] orders. 19 U.S.C. 1337(f)(1). No. 337–TA–1175’’) in a prominent The Commission is soliciting BILLING CODE 7020–02–P place on the cover page and/or the first submissions on public interest issues page. (See Handbook for Electronic raised by the recommended relief Filing Procedures, https:// INTERNATIONAL TRADE should the Commission find a violation, www.usitc.gov/documents/handbook_ COMMISSION specifically: A limited exclusion order on_filing_procedures.pdf. Persons with directed to certain bone cements and questions regarding filing should [Investigation No. 337–TA–1175] bone cement accessories imported, sold contact the Secretary (202–205–2000). for importation, and/or sold after Any person desiring to submit a Certain Bone Cements and Bone importation by respondents Heraeus document to the Commission in Cement Accessories; Notice of Medical GmbH of Wehrheim, Germany confidence must request confidential Request for Statements on the Public and Heraeus Medical LLC of Yardley, treatment. All such requests should be Interest Pennsylvania (collectively, ‘‘Heraeus’’); directed to the Secretary to the AGENCY: U.S. International Trade and cease and desist orders directed to Commission and must include a full Commission. Heraeus. statement of the reasons why the ACTION: Notice. The Commission is interested in Commission should grant such further development of the record on treatment. See 19 CFR 201.6. Documents SUMMARY: Notice is hereby given that on the public interest in this investigation. for which confidential treatment by the February 11, 2021, the presiding Accordingly, members of the public are Commission is properly sought will be administrative law judge (‘‘ALJ’’) issued invited to file submissions of no more treated accordingly. All information, an Initial Determination on Violation of than five (5) pages, inclusive of including confidential business Section 337. The ALJ also issued a attachments, concerning the public information and documents for which Recommended Determination on interest in light of the ALJ’s confidential treatment is properly remedy and bonding should a violation Recommended Determination on sought, submitted to the Commission for be found in the above-captioned Remedy and Bonding issued in this purposes of this Investigation may be investigation. The Commission is investigation on February 11, 2021. disclosed to and used: (i) By the soliciting submissions on public interest Comments should address whether Commission, its employees and Offices, issues raised by the recommended relief issuance of the recommended remedial and contract personnel (a) for

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developing or maintaining the records impairments who will need special (1) Subject Merchandise is the class or of this or a related proceeding, or (b) in assistance in gaining access to the kind of merchandise that is within the internal investigations, audits, reviews, Commission should contact the Office scope of the five-year review, as defined and evaluations relating to the of the Secretary at 202–205–2000. by Commerce. programs, personnel, and operations of General information concerning the (2) The Subject Country in this review the Commission including under 5 Commission may also be obtained by is Italy. U.S.C. Appendix 3; or (ii) by U.S. accessing its internet server (https:// (3) The Domestic Like Product is the government employees and contract www.usitc.gov). The public record for domestically produced product or personnel, solely for cybersecurity this proceeding may be viewed on the products which are like, or in the purposes. All contract personnel will Commission’s electronic docket (EDIS) absence of like, most similar in sign appropriate nondisclosure at https://edis.usitc.gov. characteristics and uses with, the agreements. All nonconfidential written Subject Merchandise. The Commission submissions will be available for public SUPPLEMENTARY INFORMATION: did not make a like product inspection on EDIS. Background.—On October 21, 1977, determination per se in its original This action is taken under the the Department of the Treasury issued determination; however, the authority of section 337 of the Tariff Act an antidumping finding on imports of Commission considered the U.S. of 1930, as amended (19 U.S.C. 1337), pressure sensitive plastic tape from Italy industry to consist of all domestic and in Part 210 of the Commission’s (42 FR 56110). Following first five-year facilities that were devoted to the Rules of Practice and Procedure (19 CFR reviews by Commerce and the production of pressure sensitive plastic part 210). Commission, effective February 17, tape. In its expedited first and second five-year review determinations, in its By order of the Commission. 1999, Commerce issued a continuation full third five-year review Issued: February 23, 2021. of the antidumping duty finding on imports of pressure sensitive plastic determinations, and in its expedited Lisa Barton, tape from Italy (64 FR 51515, September fourth five-year review determination, Secretary to the Commission. 23, 1999). Following second five-year the Commission found that the [FR Doc. 2021–04067 Filed 2–26–21; 8:45 am] reviews by Commerce and the appropriate definition of the Domestic BILLING CODE 7020–02–P Commission, effective June 25, 2004, Like Product was the same as Commerce issued a second continuation Commerce’s scope: Pressure sensitive 3 of the antidumping duty finding on plastic tape measuring over 1 ⁄8 inches INTERNATIONAL TRADE imports of pressure sensitive plastic in width and not exceeding 4 mils in COMMISSION tape from Italy (69 FR 35584). Following thickness. [Investigation Nos. AA1921–167 (Fifth third five-year reviews by Commerce (4) The Domestic Industry is the U.S. Review)] and the Commission, effective April 5, producers as a whole of the Domestic 2010, Commerce issued a continuation Like Product, or those producers whose Pressure Sensitive Plastic Tape From of the antidumping duty finding on collective output of the Domestic Like Italy; Institution of Five-Year Review imports of pressure sensitive plastic Product constitutes a major proportion of the total domestic production of the AGENCY: tape from Italy (75 FR 17124). Following United States International product. In its original determination the fourth five-year review by Trade Commission. and its expedited first and second five- Commerce and the Commission, ACTION: Notice. year review, full third five-year review, effective April 14, 2016, Commerce and expedited fourth five-year review SUMMARY: The Commission hereby gives issued a continuation of the determinations, the Commission notice that it has instituted this review antidumping duty finding on imports of defined the Domestic Industry as all pursuant to the Tariff Act of 1930 (‘‘the pressure sensitive plastic tape from Italy domestic producers of pressure Act’’), as amended, to determine (81 FR 22048). The Commission is now whether revocation of the antidumping sensitive plastic tape. conducting its fifth review pursuant to (5) An Importer is any person or firm duty finding on pressure sensitive section 751(c) of the Act, as amended engaged, either directly or through a plastic tape from Italy would be likely (19 U.S.C. 1675(c)), to determine parent company or subsidiary, in to lead to continuation or recurrence of whether revocation of the finding would importing the Subject Merchandise into material injury. Pursuant to the Act, be likely to lead to continuation or the United States from a foreign interested parties are requested to recurrence of material injury to the manufacturer or through its selling respond to this notice by submitting the domestic industry within a reasonably agent. information specified below to the foreseeable time. Provisions concerning Participation in the proceeding and Commission. the conduct of this proceeding may be public service list.—Persons, including DATES: Instituted March 1, 2021. To be found in the Commission’s Rules of industrial users of the Subject assured of consideration, the deadline Practice and Procedure at 19 CFR part Merchandise and, if the merchandise is for responses is March 31, 2021. 201, subparts A and B, and 19 CFR part sold at the retail level, representative Comments on the adequacy of responses 207, subparts A and F. The Commission consumer organizations, wishing to may be filed with the Commission by will assess the adequacy of interested participate in the proceeding as parties May 13, 2021. party responses to this notice of must file an entry of appearance with FOR FURTHER INFORMATION CONTACT: institution to determine whether to the Secretary to the Commission, as Mary Messer (202–205–3193), Office of conduct full or expedited reviews. The provided in section 201.11(b)(4) of the Investigations, U.S. International Trade Commission’s determinations in any Commission’s rules, no later than 21 Commission, 500 E Street SW, expedited reviews will be based on the days after publication of this notice in Washington, DC 20436. Hearing- facts available, which may include the Federal Register. The Secretary will impaired persons can obtain information provided in response to this maintain a public service list containing information on this matter by contacting notice. the names and addresses of all persons, the Commission’s TDD terminal on 202– Definitions.—The following or their representatives, who are parties 205–1810. Persons with mobility definitions apply to this review: to the proceeding.

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Former Commission employees who internal investigations, audits, reviews, 500 E Street SW, Washington, DC are seeking to appear in Commission and evaluations relating to the 20436. five-year reviews are advised that they programs, personnel, and operations of Inability to provide requested may appear in a review even if they the Commission including under 5 information.—Pursuant to section participated personally and U.S.C. Appendix 3; or (ii) by U.S. 207.61(c) of the Commission’s rules, any substantially in the corresponding government employees and contract interested party that cannot furnish the underlying original investigation or an personnel, solely for cybersecurity information requested by this notice in earlier review of the same underlying purposes. All contract personnel will the requested form and manner shall investigation. The Commission’s sign appropriate nondisclosure notify the Commission at the earliest designated agency ethics official has agreements. possible time, provide a full explanation advised that a five-year review is not the Please note the Secretary’s Office will of why it cannot provide the requested same particular matter as the underlying accept only electronic filings at this information, and indicate alternative original investigation, and a five-year time. Filings must be made through the forms in which it can provide review is not the same particular matter Commission’s Electronic Document equivalent information. If an interested as an earlier review of the same Information System (EDIS, https:// party does not provide this notification underlying investigation for purposes of edis.usitc.gov). No in-person paper- (or the Commission finds the 18 U.S.C. 207, the post employment based filings or paper copies of any explanation provided in the notification statute for Federal employees, and electronic filings will be accepted until inadequate) and fails to provide a Commission rule 201.15(b) (19 CFR further notice. complete response to this notice, the 201.15(b)), 79 FR 3246 (Jan. 17, 2014), Written submissions.—Pursuant to Commission may take an adverse 73 FR 24609 (May 5, 2008). section 207.61 of the Commission’s inference against the party pursuant to Consequently, former employees are not rules, each interested party response to section 776(b) of the Act (19 U.S.C. required to seek Commission approval this notice must provide the information 1677e(b)) in making its determinations to appear in a review under Commission specified below. The deadline for filing in the reviews. rule 19 CFR 201.15, even if the such responses is March 31, 2021. Pursuant to section 207.62(b) of the Information To Be Provided in corresponding underlying original Response to This Notice of Institution investigation or an earlier review of the Commission’s rules, eligible parties (as same underlying investigation was specified in Commission rule (1) The name and address of your firm pending when they were Commission 207.62(b)(1)) may also file comments or entity (including World Wide Web employees. For further ethics advice on concerning the adequacy of responses to address) and name, telephone number, this matter, contact Charles Smith, the notice of institution and whether the fax number, and Email address of the Office of the General Counsel, at 202– Commission should conduct expedited certifying official. 205–3408. or full reviews. The deadline for filing (2) A statement indicating whether Limited disclosure of business such comments is May 13, 2021. All your firm/entity is an interested party proprietary information (BPI) under an written submissions must conform with under 19 U.S.C. 1677(9) and if so, how, administrative protective finding (APO) the provisions of section 201.8 of the including whether your firm/entity is a and APO service list.—Pursuant to Commission’s rules; any submissions U.S. producer of the Domestic Like section 207.7(a) of the Commission’s that contain BPI must also conform with Product, a U.S. union or worker group, rules, the Secretary will make BPI the requirements of sections 201.6, a U.S. importer of the Subject submitted in this proceeding available 207.3, and 207.7 of the Commission’s Merchandise, a foreign producer or to authorized applicants under the APO rules. The Commission’s Handbook on exporter of the Subject Merchandise, a issued in the proceeding, provided that Filing Procedures, available on the U.S. or foreign trade or business the application is made no later than 21 Commission’s website at https:// association (a majority of whose days after publication of this notice in www.usitc.gov/documents/handbook_ members are interested parties under the Federal Register. Authorized on_filing_procedures.pdf, elaborates the statute), or another interested party applicants must represent interested upon the Commission’s procedures with (including an explanation). If you are a parties, as defined in 19 U.S.C. 1677(9), respect to filings. Also, in accordance union/worker group or trade/business who are parties to the proceeding. A with sections 201.16(c) and 207.3 of the association, identify the firms in which separate service list will be maintained Commission’s rules, each document your workers are employed or which are by the Secretary for those parties filed by a party to the proceeding must members of your association. authorized to receive BPI under the be served on all other parties to the (3) A statement indicating whether APO. proceeding (as identified by either the your firm/entity is willing to participate Certification.—Pursuant to section public or APO service list as in this proceeding by providing 207.3 of the Commission’s rules, any appropriate), and a certificate of service information requested by the person submitting information to the must accompany the document (if you Commission. Commission in connection with this are not a party to the proceeding you do (4) A statement of the likely effects of proceeding must certify that the not need to serve your response). the revocation of the antidumping duty information is accurate and complete to No response to this request for findings on the Domestic Industry in the best of the submitter’s knowledge. In information is required if a currently general and/or your firm/entity making the certification, the submitter valid Office of Management and Budget specifically. In your response, please will acknowledge that information (‘‘OMB’’) number is not displayed; the discuss the various factors specified in submitted in response to this request for OMB number is 3117 0016/USITC No. section 752(a) of the Act (19 U.S.C. information and throughout this 21–5–483, expiration date June 30, 1675a(a)) including the likely volume of proceeding or other proceeding may be 2022. Public reporting burden for the subject imports, likely price effects of disclosed to and used: (i) By the request is estimated to average 15 hours subject imports, and likely impact of Commission, its employees and Offices, per response. Please send comments imports of Subject Merchandise on the and contract personnel (a) for regarding the accuracy of this burden Domestic Industry. developing or maintaining the records estimate to the Office of Investigations, (5) A list of all known and currently of this or a related proceeding, or (b) in U.S. International Trade Commission, operating U.S. producers of the

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Domestic Like Product. Identify any both U.S. and export commercial sales, (c) the quantity and value of your known related parties and the nature of internal consumption, and company firm’s(s’) exports to the United States of the relationship as defined in section transfers) for your most recently Subject Merchandise and, if known, an 771(4)(B) of the Act (19 U.S.C. completed fiscal year (identify the date estimate of the percentage of total 1677(4)(B)). on which your fiscal year ends). exports to the United States of Subject (6) A list of all known and currently (10) If you are a U.S. importer or a Merchandise from the Subject Country operating U.S. importers of the Subject trade/business association of U.S. accounted for by your firm’s(s’) exports. Merchandise and producers of the importers of the Subject Merchandise (12) Identify significant changes, if Subject Merchandise in the Subject from the Subject Country, provide the any, in the supply and demand Country that currently export or have following information on your firm’s(s’) conditions or business cycle for the exported Subject Merchandise to the operations on that product during Domestic Like Product that have United States or other countries after calendar year 2020 (report quantity data occurred in the United States or in the 2014. in square yards and value data in U.S. market for the Subject Merchandise in (7) A list of 3–5 leading purchasers in dollars). If you are a trade/business the Subject Country after 2014, and the U.S. market for the Domestic Like association, provide the information, on significant changes, if any, that are Product and the Subject Merchandise an aggregate basis, for the firms which likely to occur within a reasonably (including street address, World Wide are members of your association. foreseeable time. Supply conditions to Web address, and the name, telephone (a) The quantity and value (landed, consider include technology; number, fax number, and Email address duty-paid but not including production methods; development of a responsible official at each firm). antidumping duties) of U.S. imports efforts; ability to increase production (8) A list of known sources of and, if known, an estimate of the (including the shift of production information on national or regional percentage of total U.S. imports of facilities used for other products and the prices for the Domestic Like Product or Subject Merchandise from the Subject use, cost, or availability of major inputs the Subject Merchandise in the U.S. or Country accounted for by your firm’s(s’) into production); and factors related to other markets. imports; the ability to shift supply among (9) If you are a U.S. producer of the (b) the quantity and value (f.o.b. U.S. different national markets (including Domestic Like Product, provide the port, including antidumping duties) of barriers to importation in foreign following information on your firm’s U.S. commercial shipments of Subject markets or changes in market demand operations on that product during Merchandise imported from the Subject abroad). Demand conditions to consider calendar year 2020, except as noted include end uses and applications; the Country; and (report quantity data in square yards existence and availability of substitute (c) the quantity and value (f.o.b. U.S. and value data in U.S. dollars, f.o.b. products; and the level of competition port, including antidumping duties) of plant). If you are a union/worker group among the Domestic Like Product U.S. internal consumption/company or trade/business association, provide produced in the United States, Subject transfers of Subject Merchandise the information, on an aggregate basis, Merchandise produced in the Subject imported from the Subject Country. for the firms in which your workers are Country, and such merchandise from (11) If you are a producer, an exporter, employed/which are members of your other countries. or a trade/business association of association. (13) (OPTIONAL) A statement of (a) Production (quantity) and, if producers or exporters of the Subject whether you agree with the above known, an estimate of the percentage of Merchandise in the Subject Country, definitions of the Domestic Like Product total U.S. production of the Domestic provide the following information on and Domestic Industry; if you disagree Like Product accounted for by your your firm’s(s’) operations on that with either or both of these definitions, firm’s(s’) production; product during calendar year 2020 please explain why and provide (b) Capacity (quantity) of your firm to (report quantity data in square yards alternative definitions. produce the Domestic Like Product (that and value data in U.S. dollars, landed and duty-paid at the U.S. port but not Authority: This proceeding is being is, the level of production that your conducted under authority of title VII of the establishment(s) could reasonably have including antidumping duties). If you Tariff Act of 1930; this notice is published expected to attain during the year, are a trade/business association, provide pursuant to section 207.61 of the assuming normal operating conditions the information, on an aggregate basis, Commission’s rules. (using equipment and machinery in for the firms which are members of your By finding of the Commission. association. place and ready to operate), normal Issued: February 23, 2021. operating levels (hours per week/weeks (a) Production (quantity) and, if known, an estimate of the percentage of Lisa Barton, per year), time for downtime, Secretary to the Commission. maintenance, repair, and cleanup, and a total production of Subject Merchandise [FR Doc. 2021–04014 Filed 2–26–21; 8:45 am] typical or representative product mix); in the Subject Country accounted for by (c) the quantity and value of U.S. your firm’s(s’) production; BILLING CODE 7020–02–P commercial shipments of the Domestic (b) Capacity (quantity) of your firm(s) Like Product produced in your U.S. to produce the Subject Merchandise in plant(s); the Subject Country (that is, the level of DEPARTMENT OF JUSTICE (d) the quantity and value of U.S. production that your establishment(s) Drug Enforcement Administration internal consumption/company could reasonably have expected to transfers of the Domestic Like Product attain during the year, assuming normal [Docket No. DEA–786] produced in your U.S. plant(s); and operating conditions (using equipment (e) the value of (i) net sales, (ii) cost and machinery in place and ready to Importer of Controlled Substances of goods sold (COGS), (iii) gross profit, operate), normal operating levels (hours Application: Groff NA Hemplex, LLC (iv) selling, general and administrative per week/weeks per year), time for AGENCY: Drug Enforcement (SG&A) expenses, and (v) operating downtime, maintenance, repair, and Administration, Justice. income of the Domestic Like Product cleanup, and a typical or representative ACTION: Notice of application. produced in your U.S. plant(s) (include product mix); and

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SUMMARY: Groff NA Hemplex, LLC has Controlled substance Drug Schedule be registered as an importer of basic applied to be registered as an importer code class(es) of controlled substance(s). of basic class(es) of controlled Marihuana Extract ...... 7350 I Refer to Supplemental Information substance(s). Refer to Supplemental Marihuana ...... 7360 I listed below for further drug Information listed below for further Tetrahydrocannabinols ...... 7370 I information. drug information. The company plans to import finished DATES: Registered bulk manufacturers of DATES: Registered bulk manufacturers of dosage unit products containing the affected basic class(es), and the affected basic class(es), and Marihuana Extracts for clinical trial applicants therefore, may file written applicants therefore, may file written studies. These Marihuana Extracts comments on or objections to the comments on or objections to the compounds are listed under drug code issuance of the proposed registration on issuance of the proposed registration on 7350. No other activity for this drug or before March 31, 2021. Such persons or before March 31, 2021. Such persons code is authorized for this registration. may also file a written request for a may also file a written request for a Approval of permit applications will hearing on the application on or before hearing on the application on or before occur only when the registrant’s March 31, 2021. March 31, 2021. business activity is consistent with what ADDRESSES: Written comments should is authorized under 21 U.S.C. 952(a)(2). ADDRESSES: Written comments should be sent to: Drug Enforcement be sent to: Drug Enforcement Authorization will not extend to the Administration, Attention: DEA Federal import of Food and Drug Administration, Attention: DEA Federal Register Representative/DPW, 8701 Administration-approved or non- Register Representative/DPW, 8701 Morrissette Drive, Springfield, Virginia approved finished dosage forms for Morrissette Drive, Springfield, Virginia 22152. All requests for a hearing must commercial sale. 22152. All requests for a hearing must be sent to: Drug Enforcement be sent to: Drug Enforcement William T. McDermott, Administration, Attn: Administrator, Administration, Attn: Administrator, Assistant Administrator. 8701 Morrissette Drive, Springfield, 8701 Morrissette Drive, Springfield, [FR Doc. 2021–04181 Filed 2–26–21; 8:45 am] Virginia 22152. All request for a hearing Virginia 22152. All requests for a BILLING CODE 4410–09–P should also be sent to: (1) Drug hearing should also be sent to: (1) Drug Enforcement Administration, Attn: Enforcement Administration, Attn: Hearing Clerk/OALJ, 8701 Morrissette Hearing Clerk/OALJ, 8701 Morrissette DEPARTMENT OF JUSTICE Drive, Springfield, Virginia 22152; and Drive, Springfield, Virginia 22152; and (2) Drug Enforcement Administration, (2) Drug Enforcement Administration, Drug Enforcement Administration Attn: DEA Federal Register Attn: DEA Federal Register [Docket No. DEA–799] Representative/DPW, 8701 Morrissette Representative/DPW, 8701 Morrissette Drive, Springfield, Virginia 22152. Drive, Springfield, Virginia 22152. Importer of Controlled Substances SUPPLEMENTARY INFORMATION: In SUPPLEMENTARY INFORMATION: In Application: Microgenics Corporation accordance with 21 CFR 1301.34(a), this accordance with 21 CFR 1301.34(a), this Thermo Fisher Scientific is notice that on January 27, 2021, is notice that on January 19, 2021, Groff AGENCY: Drug Enforcement Microgenics Corporation Thermo Fisher NA Hemplex, LLC, 100 Redco Avenue, Administration, Justice. Scientific, 46500 Kato Road Fremont, Suite A, Red Lion, Pennsylvania 17356– ACTION: Notice of application. California 94538, has applied to be 1436, applied to be registered as an registered as an importer of the importer of the following basic class(es) SUMMARY: Microgenics Corporation following basic classes of controlled of controlled substance(s): Thermo Fisher Scientific has applied to substances:

Controlled substance Drug code Schedule

Cathinone ...... 1235 I Mephedrone (4-Methyl-N-methylcathinone) ...... 1248 I Gamma Hydroxybutyric Acid ...... 2010 I Methaqualone ...... 2565 I Mecloqualone ...... 2572 I 2-(1-(4-fluorobenzyl)-1Hindazole-3-carboxamido)-3-methylbutanoate ...... 7021 I AB–PINACA (N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide) ...... 7023 I AB–CHMINACA (N-(1-amino-3-methyl-1-≤oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide ...... 7031 I MAB–CHMINACA (N-(1-amino-3,3dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide) ...... 7032 I 5F–AMB (Methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate) ...... 7033 I ADB–PINACA (N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide) ...... 7035 I APINACA and AKB48 N-(1-Adamantyl)-1-pentyl-1H-indazole-3-carboxamide ...... 7048 I AM2201 (1-(5-Fluoropentyl)-3-(1-naphthoyl) indole) ...... 7201 I Lysergic acid diethylamide ...... 7315 I Marihuana ...... 7360 I Tetrahydrocannabinols ...... 7370 I 3,4-Methylenedioxyamphetamine ...... 7400 I 3,4-Methylenedioxy-N-ethylamphetamine ...... 7404 I 3,4-Methylenedioxymethamphetamine ...... 7405 I 2-(4-iodo-2,5-dimethoxyphenyl) ethanamine (2C–I) ...... 7518 I MDPV (3,4-Methylenedioxypyrovalerone) ...... 7535 I 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl) ethanamine (25I–NBOMe) ...... 7538 I Butylone ...... 7541 I Pentylone ...... 7542 I alpha-pyrrolidinopentiophenone (a-PVP) ...... 7545 I Normorphine ...... 9313 I

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Controlled substance Drug code Schedule

AH–7921 (3,4-dichloro-N-[(1-dimethylamino)cyclohexylmethyl]benzamide)) ...... 9551 I Acetylmethadol ...... 9601 I Alphamethadol ...... 9605 I Ketobemidone ...... 9628 I Noracymethadol ...... 9633 I Para-Fluorofentanyl ...... 9812 I 3-Methylfentanyl ...... 9813 I Alpha-methylfentanyl ...... 9814 I Acetyl Fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide) ...... 9821 I 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide ...... 9825 I 3-Methylthiofentanyl ...... 9833 I Cyclopropyl Fentanyl ...... 9845 I Fentanyl related-compounds as defined in 21 CFR 1308.11&h) ...... 9850 I Amphetamine ...... 1100 II Methamphetamine ...... 1105 II Methylphenidate ...... 1724 II Amobarbital ...... 2125 II Pentobarbital ...... 2270 II Secobarbital ...... 2315 II Phencyclidine ...... 7471 II Cocaine ...... 9041 II Codeine ...... 9050 II Dihydrocodeine ...... 9120 II Oxycodone ...... 9143 II Hydromorphone ...... 9150 II Ecgonine ...... 9180 II Hydrocodone ...... 9193 II Levorphanol ...... 9220 II Meperidine ...... 9230 II Meperidine intermediate-B ...... 9233 II Methadone ...... 9250 II Dextropropoxyphene, bulk (non-dosage forms) ...... 9273 II Morphine ...... 9300 II Thebaine ...... 9333 II Levo-alphacetylmethadol ...... 9648 II Oxymorphone ...... 9652 II Carfentanil ...... 9743 II Tapentadol ...... 9780 II Fentanyl ...... 9801 II

The company plans to import the DEPARTMENT OF JUSTICE comments on or objections to the listed controlled substances for issuance of the proposed registration on feasibility studies for new products and Drug Enforcement Administration or before April 30, 2021. cross reactivity studies for existing [Docket No. DEA–781] ADDRESSES: Written comments should products. The products will serve as be sent to: Drug Enforcement raw materials for In Vitro Diagnostic Bulk Manufacturer of Controlled Administration, Attention: DEA Federal quantitative assay. No other activity for Substances Application: Bulk Register Representative/DPW, 8701 these drug codes is authorized for this Manufacturer of Marihuana: Cosmic Morrissette Drive, Springfield, Virginia registration. Light LLC 22152. To ensure proper handling of Approval of permit applications will AGENCY: Drug Enforcement comments, please reference Docket No– occur only when the registrant’s Administration, Justice. DEA–XXX in all correspondence, business activity is consistent with what ACTION: Notice of application. including attachments. is authorized under 21 U.S.C. 952(a)(2). SUPPLEMENTARY INFORMATION: The Authorization will not extend to the SUMMARY: The Drug Enforcement Controlled Substances Act (CSA) import of the Food and Drug Administration (DEA) is providing prohibits the cultivation and Administration-approved or non- notice of an application it has received distribution of marihuana except by from an entity applying to be registered approved finished dosage forms for persons who are registered under the to manufacture in bulk basic class(es) of commercial sale. CSA to do so for lawful purposes. In controlled substances listed in schedule accordance with the purposes specified William T. McDermott, I. DEA intends to evaluate this and other in 21 CFR 1301.33(a), DEA is providing Assistant Administrator. pending applications according to its notice that the entity identified below [FR Doc. 2021–04147 Filed 2–26–21; 8:45 am] regulations governing the program of has applied for registration as a bulk growing marihuana for scientific and BILLING CODE P manufacturer of schedule I controlled medical research under DEA substances. In response, registered bulk registration. manufacturers of the affected basic DATES: Registered bulk manufacturers of class(es), and applicants therefor, may the affected basic class(es), and file written comments on or objections applicants therefor, may file written of the requested registration, as

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provided in this notice. This notice does SUMMARY: The Department of Justice hazardous Devices School Course not constitute any evaluation or (DOJ), Federal Bureau of Investigation Application. determination of the merits of the (FBI), Critical Incident Response Group 3. The agency form number, if any, application submitted. (CIRG), Hazardous Devices School and the applicable component of the The applicant plans to manufacture (HDS) will be submitting the following Department sponsoring the collection: bulk active pharmaceutical ingredients information collection request to the The form number FD–731. Federal (APIs) for product development and Office of Management and Budget Bureau of Investigation (FBI). distribution to DEA registered (OMB) for review and approval in 4. Affected public who will be asked researchers. If the application for accordance with the Paperwork or required to respond, as well as a brief registration is granted, the registrant Reduction Act of 1995. The proposed abstract: This form is utilized by the would not be authorized to conduct information collection is published to FBI, Hazardous Devices School to other activity under this registration obtain comments from the public and information needed during a review aside from those coincident activities affected agencies. process of the identification and qualification of prospective students, specifically authorized by DEA DATES: Comments are encouraged and regulations. DEA will evaluate the will be accepted for 60 days until April and to initiate a review of security application for registration as a bulk 30, 2021. clearance status prior to being granted manufacturer for compliance with all access to law enforcement sensitive and FOR FURTHER INFORMATION CONTACT: applicable laws, treaties, and If classified facilities and information. regulations and to ensure adequate you have additional comments 5. An estimate of the total number of safeguards against diversion are in especially on the estimated public respondents and the amount of time place. burden or associated response time, estimated for an average respondent to As this applicant has applied to suggestions, or need a copy of the respond: It is estimated that 1,000 become registered as a bulk proposed information collection respondents will complete each form manufacturer of marihuana, the instrument with instructions or within approximately 45 minutes. application will be evaluated under the additional information, please contact 6. An estimate of the total public criteria of 21 U.S.C. 823(a). DEA will Mark H. Wall, Supervisory Management burden (in hours) associated with the conduct this evaluation in the manner and Program Analyst, FBI, Hazardous collection: There are an estimated 750 described in the rule published at 85 FR Devices School, at telephone number total annual burden hours associated 82333 on December 18, 2020, and (540) 424–4575, 7010 Redstone Road, with this collection. reflected in DEA regulations at 21 CFR Huntsville, AL 35898. If additional information is required, part 1318. SUPPLEMENTARY INFORMATION: Written contact: Melody Braswell, Department In accordance with 21 CFR comments and suggestions from the Clearance Officer, United States 1301.33(a), DEA is providing notice that public and affected agencies concerning Department of Justice, Justice on January 14, 2021, Cosmic Light LLC, the proposed collection of information Management Division, Policy and 5565 Ara Pahoe Avenue, Suite G, are encouraged. Your comments should Planning Staff, Two Constitution Boulder, Colorado 80303–1334, applied address one or more of the following Square, 145 N Street NE, 3E.405A, to be registered as a bulk manufacturer four points: Washington, DC 20530. of the following basic class(es) of —Evaluate whether the proposed Dated: February 23, 2021. controlled substances: collection of information is necessary Melody Braswell, for the proper performance of the Department Clearance Officer for PRA, U.S. Drug Controlled substance code Schedule functions of the Bureau of Justice Department of Justice. Statistics, including whether the [FR Doc. 2021–04189 Filed 2–26–21; 8:45 am] Marihuana Extract ...... 7350 I information will have practical utility; BILLING CODE 4410–02–P Marihuana ...... 7360 I —Evaluate the accuracy of the agency’s estimate of the burden of the William T. McDermott, proposed collection of information, DEPARTMENT OF JUSTICE Assistant Administrator. including the validity of the [FR Doc. 2021–04180 Filed 2–26–21; 8:45 am] methodology and assumptions used; Notice of Proposed Settlement Agreement Under the Oil Pollution Act BILLING CODE 4410–09–P —Evaluate whether and if so how the quality, utility, and clarity of the and Clean Water Act information to be collected can be Notice is hereby given that the United DEPARTMENT OF JUSTICE enhanced; and States of America, on behalf of the Federal Bureau of Investigation —Minimize the burden of the collection Department of the Interior (‘‘DOI’’) of information on those who are to acting through the U.S. Fish and [OMB Number 1110–0074] respond, including through the use of Wildlife Service and the State of Iowa, appropriate automated, electronic, acting through the Iowa Department of Agency Information Collection mechanical, or other technological Natural Resources (‘‘IDNR’’) (DOI and Activities; Proposed eCollection collection techniques or other forms IDNR collectively, the ‘‘Trustees’’), are eComments Requested; Extension, of information technology, e.g., providing an opportunity for public Without Change, of a Previously permitting electronic submission of comment on a proposed Settlement Approved Collection; FBI Hazardous responses. Agreement (‘‘Settlement Agreement’’) Devices School Application Overview of This Information Collection among the Trustees and Canadian AGENCY: Hazardous Device School, Pacific Railway (‘‘CP’’). Critical Incident Response Group, 1. Type of Information Collection: The settlement resolves the civil Federal Bureau of Investigation, Extension, without change, of a claims of the Trustees against CP arising Department of Justice. previously approved collection. under their natural resource trustee 2. The Title of the Form/Collection: authority under the Oil Pollution Act of ACTION: 60-day notice. Federal Bureau of Investigation 1990, 33 U.S.C. 2702 and the Clean

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Water Act, 33 U.S.C. 1321(f)(4) and (5), DEPARTMENT OF JUSTICE DEPARTMENT OF LABOR and applicable state law for injury to, impairment of, destruction of, and loss Notice of Lodging Proposed Consent Office of the Secretary of, diminution of value of and/or loss of Decree Agency Information Collection use of natural resources as a result of the Activities; Submission for OMB February 4, 2015 discharge of 30,000– In accordance with Departmental Policy, 28 CFR 50.7, notice is hereby Review; Comment Request; National 53,000 gallons of denatured ethanol into Compensation Survey and near the Mississippi River near given that a proposed Consent Decree in United States v. Thomas E. Lipar, et al., Balltown, Iowa from CP’s derailed train ACTION: Civil Action Number 4:10–cv–01904, Notice of availability; request (‘‘the Spill’’). Under the proposed was lodged with the United States for comments. Settlement Agreement, CP agrees to pay District Court for the Southern District $282,391 to the DOI Natural Resource SUMMARY: The Department of Labor of Texas on January 19, 2021. Damage Assessment and Restoration (DOL) is submitting this Bureau of Labor Fund to be used for restoration activities This proposed Consent Decree Statistics (BLS)-sponsored information collection request (ICR) to the Office of to compensate the public for concerns a complaint filed by the Management and Budget (OMB) for recreational and aquatic injuries. CP United States against Defendants Thomas E. Lipar, LGI Land, LLC, LGI review and approval in accordance with will receive from the Trustees a the Paperwork Reduction Act of 1995 covenant not to sue for the claims Group, LLC, and LGI Development, Inc., pursuant to Sections 301 and 404 of the (PRA). Public comments on the ICR are resolved by the settlement. Clean Water Act, 33 U.S.C. 1311 and invited. The publication of this notice opens 1344, to obtain remedies against them DATES: The OMB will consider all a period for public comment on the for violating the Clean Water Act by written comments that agency receives proposed Settlement Agreement. discharging pollutants without a permit on or before March 31, 2021. Comments on the proposed Settlement into waters of the United States. The ADDRESSES: Written comments and Agreement should be addressed to the proposed Consent Decree resolves these recommendations for the proposed Assistant Attorney General, allegations by requiring the Defendants information collection should be sent Environment and Natural Resources to effectuate compensatory mitigation, within 30 days of publication of this Division and should refer to the CP conduct best management practices notice to www.reginfo.gov/public/do/ Settlement Agreement, DJ No. 90–11–3– work, and be subject to other injunctive PRAMain. Find this particular 10260/1. All comments must be relief. information collection by selecting submitted no later than thirty (30) days On January 26, 2021, the Department ‘‘Currently under 30-day Review—Open after the publication date of this notice. of Justice published a notice in the for Public Comments’’ or by using the Comments may be submitted either by Federal Register opening a period of search function. email or by mail: public comment on the proposed Comments are invited on: (1) Whether Consent Decree for a period of thirty the collection of information is necessary for the proper performance of To submit Send them to: (30) days through February 25, 2021. By comments: this notice, the Department of Justice is the functions of the Department, extending the public comment period including whether the information will By email .... pubcomment-ees.enrd@ through March 11, 2021. Comments have practical utility; (2) if the usdoj.gov. information will be processed and used By mail ...... Assistant Attorney General, should be addressed to Michele Walter and Andrew Doyle, United States in a timely manner; (3) the accuracy of U.S. DOJ—ENRD, P.O. Box the agency’s estimates of the burden and 7611, Washington, DC Department of Justice, Environment and 20044–7611. Natural Resources Division, cost of the collection of information, Environmental Defense Section, Post including the validity of the methodology and assumptions used; (4) During the public comment period, Office Box 7611, Washington, DC 20044, [email protected], and ways to enhance the quality, utility and the Settlement Agreement may be clarity of the information collection; and examined and downloaded at this refer to United States v. Thomas E. Lipar, et al., DJ #90–5–1–1–18564. (5) ways to minimize the burden of the Justice Department website: https:// collection of information on those who www.justice.gov/enrd/consent-decrees. The proposed Consent Decree may be are to respond, including the use of We will provide a paper copy of the examined electronically at http:// automated collection techniques or Settlement Agreement upon written www.justice.gov/enrd/consent-decrees. other forms of information technology. In addition, the proposed Consent request and payment of reproduction FOR FURTHER INFORMATION CONTACT: Decree may be examined at the Clerk’s costs. Please mail your request and Anthony May by telephone at 202–693– Office, United States District Court for payment to: Consent Decree Library, 4129 (this is not a toll-free number) or the Southern District of Texas, 515 Rusk U.S. DOJ—ENRD, P.O. Box 7611, by email at [email protected]. Washington, DC 20044–7611. Street, Houston, TX 77002. However, the Clerk’s Office may limit public SUPPLEMENTARY INFORMATION: The Please enclose a check or money order access due to the ongoing Coronavirus/ National Compensation Survey (NCS) is for $2.50 (25 cents per page COVID–19 emergency. Please visit an ongoing survey of earnings and reproduction cost) payable to the United www.txs.uscourts.gov or call 713–250– benefits among private firms, State, and States Treasury. 5500 for more information. local government. Data from the NCS program include estimates of wages Susan M. Akers, Cherie Rogers, covering broad groups of related Assistant Section Chief, Environmental Assistant Section Chief, Environmental occupations, and data that directly links Enforcement Section, Environment and Defense Section, Environment and Natural benefit plan costs with detailed plan Natural Resources Division. Resources Division. provisions. The NCS is used to produce [FR Doc. 2021–04082 Filed 2–26–21; 8:45 am] [FR Doc. 2021–04131 Filed 2–26–21; 8:45 am] the Employment Cost Trends, including BILLING CODE 4410–15–P BILLING CODE 4410–15–P the Employment Cost Index (ECI) and

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Employer Costs for Employee data from two current BLS programs— NATIONAL FOUNDATION ON THE Compensation (ECEC), employee the Occupational Employment Statistics ARTS AND THE HUMANITIES benefits data (on coverage, cost, and (OES) survey and the ECI program. This provisions), and data used by the approach uses OES data to provide wage National Endowment for the Arts President’s Pay Agent. This data is used data by occupation and by area, while 60-Day Notice for the ‘‘NEA Panelist by compensation administrators and ECI data are used to specify grade level Profile Data’’ researchers in the public and private effects. This approach is also being used sectors. Data from the NCS are used to to extend the estimation of pay gaps to AGENCY: National Endowment for the help in determining monetary policy (as areas that were not included in the prior Arts, National Foundation on the Arts a Principal Federal Economic Indicator). Locality Pay Survey sample, and these and the Humanities. The integrated program’s single sample data have been delivered to the Pay ACTION: Notice of proposed collection; produces both time-series indexes and Agent (in 2019, data for 95 areas were comment request. cost levels for industry and delivered). occupational groups, thereby increasing SUMMARY: The National Endowment for the analytical potential of the data. For additional substantive the Arts (NEA), as part of its continuing The NCS employs probability information about this ICR, see the effort to reduce paperwork and methods for selection of occupations. related notice published in the Federal respondent burden, conducts a This ensures that sampled occupations Register on June 11, 2020 (85 FR 35667). preclearance consultation program to represent all occupations in the This information collection is subject provide the general public and federal workforce, while minimizing the to the PRA. A Federal agency generally agencies with an opportunity to reporting burden on respondents. The cannot conduct or sponsor a collection comment on proposed and/or survey collects data from a sample of of information, and the public is continuing collections of information in employers. These data will consist of generally not required to respond to an accordance with the Paperwork information about the duties, information collection, unless the OMB Reduction Act of 1995. This program responsibilities, and compensation helps to ensure that requested data is (earnings and benefits) for a sample of approves it and displays a currently valid OMB Control Number. In addition, provided in the desired format; occupations for each sampled employer. reporting burden (time and financial Data will be updated on a quarterly notwithstanding any other provisions of law, no person shall generally be subject resources) is minimized; collection basis. The updates will allow for instruments are clearly understood; and to penalty for failing to comply with a production of data on change in the impact of collection requirements on collection of information that does not earnings and total compensation. respondents is properly assessed. display a valid OMB Control Number. This survey was revised to Currently, the NEA is soliciting See 5 CFR 1320.5(a) and 1320.6. temporarily add questions to the comments concerning the proposed National Compensation Survey to cover DOL seeks PRA authorization for this information collection of NEA panelist sick leave policy changes due to the information collection for three (3) profile data. A copy of the current coronavirus pandemic. These questions years. OMB authorization for an ICR information collection request can be were collected primarily through email cannot be for more than three (3) years obtained by contacting the office listed in June and July of 2020. These data without renewal. The DOL notes that below in the address section of this were approved for collection under information collection requirements notice. Emergency OMB Clearance Package submitted to the OMB for existing ICRs 1220–0195, but they were discontinued DATES: Written comments must be receive a month-to-month extension on November 13, 2020. Respondents submitted to the office listed in the will electronically complete and submit while they undergo review. address section below within 60 days responses through a simple fillable Agency: DOL–BLS. from the date of this publication in the form. The additional sick leave policy Title of Collection: National Federal Register. The NEA is questions are not intended to be Compensation Survey. particularly interested in comments collected beyond the July timeframe. At that: OMB Control Number: 1220–0164. this time, BLS has discontinued in • Evaluate whether the proposed person data collection in response to the Affected Public: Private Sector: collection of information is necessary for the coronavirus pandemic. NCS will return Businesses or other for-profits; not-for- proper performance of the functions of the to using in person interviews as a profit institutions; State, local, and agency, including whether the information will have practical utility; method of collection once restrictions tribal governments. • are lifted. During this time, the NCS is Evaluate the accuracy of the agency’s Total Estimated Number of estimate of the burden of the proposed relying heavily on telephone, email, and Respondents: 15,863. collection of information, including the mail for current collection. Video validity of the methodology and assumptions interview collection is also available in Total Estimated Number of used; response to the pandemic and is being Responses: 49,717. • Enhance the quality, utility, and clarity considered as a standard collection Total Estimated Annual Time Burden: of the information to be collected; and • method. 43,978 hours. Can help the agency minimize the The NCS collects earnings and work burden of the collection of information on level data on occupations for the nation. Total Estimated Annual Other Costs those who are to respond, including through The NCS also collects information on Burden: $0. the electronic submission of responses. the cost, provisions, and incidence of (Authority: 44 U.S.C. 3507(a)(1)(D)) ADDRESSES: Email comments to Daniel Beattie, Director, Office of Guidelines major employee benefits through its Dated: February 23, 2021. benefit cost and benefit provision and Panel Operations, National programs and publications. BLS has for Anthony May, Endowment for the Arts, at: beattied@ a number of years been using a revised Management and Program Analyst. arts.gov. approach to the Locality Pay Survey [FR Doc. 2021–04101 Filed 2–26–21; 8:45 am] FOR FURTHER INFORMATION CONTACT: (LPS) component of the NCS; this uses BILLING CODE 4510–24–P Daniel Beattie, Director of Guidelines

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and Panel Operations, National Dated: February 24, 2021. SECURITIES AND EXCHANGE Endowment for the Arts, at beattied@ Sherry Hale, COMMISSION arts.gov. Staff Assistant, National Endowment for the [Release No. 34–91189; File No. SR–CTA/ Dated: February 22, 2021. Arts. CQ–2021–01] Anthony M. Bennett, [FR Doc. 2021–04114 Filed 2–26–21; 8:45 am] BILLING CODE 7537–01–P Consolidated Tape Association; Notice Director of Administrative Services and of Filing of the Thirty-Sixth Substantive Contracts, National Endowment for the Arts. Amendment to the Second [FR Doc. 2021–04188 Filed 2–26–21; 8:45 am] Restatement of the CTA Plan and BILLING CODE 7537–01–P OFFICE OF PERSONNEL Twenty-Seventh Substantive MANAGEMENT Amendment to the Restated CQ Plan NATIONAL FOUNDATION ON THE February 23, 2021. Civil Service Retirement System Board ARTS AND THE HUMANITIES Pursuant to Section 11A of the of Actuaries Meeting Securities Exchange Act of 1934 National Endowment for the Arts (‘‘Act’’) 1 and Rule 608 thereunder,2 AGENCY: Office of Personnel notice is hereby given that on February Arts Advisory Panel Meetings Management. 3, 2021,3 the Participants 4 in the ACTION: Notice of meeting. Second Restatement of the Consolidated AGENCY: National Endowment for the Tape Association (‘‘CTA’’) Plan and Arts, National Foundation on the Arts SUMMARY: The Civil Service Retirement Restated Consolidated Quotation (‘‘CQ’’) and the Humanities. System Board of Actuaries plans to meet Plan (collectively ‘‘CTA/CQ Plans’’ or ‘‘Plans’’) filed with the Securities and ACTION: Notice of meeting. on Wednesday, April 28, 2021. The Exchange Commission (‘‘SEC’’ or meeting will start at 10:00 a.m. EDT and ‘‘Commission’’) a proposal to amend the SUMMARY: Pursuant to the Federal will be held by teleconference. The Plans.5 These amendment represents the Advisory Committee Act, as amended, purpose of the meeting is for the Board Thirty-Sixth Substantive Amendment to notice is hereby given that 1 meeting of to review the actuarial methods and the CTA Plan and Twenty-Seventh the Arts Advisory Panel to the National assumptions used in the valuations of Substantive Amendment to the CQ Plan Council on the Arts will be held by the Civil Service Retirement and (‘‘Amendments’’). Under the teleconference or videoconference. Disability Fund (CSRDF). Amendments, the Participants propose DATES: See the SUPPLEMENTARY FOR FURTHER INFORMATION CONTACT: revisions to the provisions of the Plans INFORMATION section for individual governing regulatory and operational Gregory Kissel, Senior Actuary for 6 meeting times and dates. All meetings Pension Programs, U.S. Office of halts. The proposed Amendments have been are Eastern time and ending times are Personnel Management, 1900 E Street approximate. filed by the Participants pursuant to NW, Room 4316, Washington, DC Rule 608(b)(2) under Regulation NMS.7 20415. Phone (202) 606–0722 or email ADDRESSES: National Endowment for the The Commission is publishing this Arts, Constitution Center, 400 7th St. at [email protected]. notice to solicit comments from SW, Washington, DC 20506. SUPPLEMENTARY INFORMATION: interested persons on the proposed Amendments. Set forth in Sections I and FOR FURTHER INFORMATION CONTACT: Agenda II is the statement of the purpose and Further information with reference to summary of the Amendments, along these meetings can be obtained from Ms. 1. Summary of recent legislative Sherry Hale, Office of Guidelines & proposals 1 15 U.S.C. 78k–1. Panel Operations, National Endowment 2. Review of actuarial assumptions 2 17 CFR 242.608. for the Arts, Washington, DC 20506; 3 3. CSRDF Annual Report See Letter from Robert Books, Chair, CTA/CQ [email protected], or call 202/682–5696. Operating Committee, to Vanessa Countryman, Persons desiring to attend this Secretary, Commission (Feb. 3, 2021). SUPPLEMENTARY INFORMATION: The 4 The Participants are: Cboe BYX Exchange, Inc., closed portions of meetings are for the meeting of the Civil Service Retirement Cboe BZX Exchange, Inc., Cboe EDGA Exchange, purpose of Panel review, discussion, System Board of Actuaries, or to make Inc., Cboe EDGX Exchange, Inc., Cboe Exchange, a statement for consideration at the Inc., Financial Industry Regulatory Authority, Inc., evaluation, and recommendations on The Investors’ Exchange LLC, Long-Term Stock financial assistance under the National meeting, should contact OPM at least 5 Exchange, Inc., MEMX LLC, MIAX PEARL, LLC, Foundation on the Arts and the business days in advance of the meeting Nasdaq BX, Inc., Nasdaq ISE, LLC, Nasdaq PHLX, Humanities Act of 1965, as amended, date at the address shown below. Any Inc., The Nasdaq Stock Market LLC, New York detailed information or analysis Stock Exchange LLC, NYSE American LLC, NYSE including information given in Arca, Inc., NYSE Chicago, Inc., and NYSE National, confidence to the agency. In accordance requested for the Board to consider Inc. (collectively, the ‘‘Participants’’). with the determination of the Chairman should be submitted at least 15 business 5 The Amendments were posted to the Plans’ of September 10, 2019, these sessions days in advance of the meeting date. website on February 12, 2021. See Email from James will be closed to the public pursuant to P. Dombach, Counsel to the Plans, to Michael E. The manner and time for any material Coe, Assistant Director, Commission, et al. (Feb. 12, subsection (c)(6) of section 552b of title presented to or considered by the Board 2021). 5, United States Code. may be limited. 6 The Participants previously, on December 5, 2016, filed amendments to the provisions of the The Upcoming Meeting Is For the Board of Actuaries. Plans governing regulatory and operation halts. Alexys Stanley, These amendments were not acted upon by the Our Town (review of applications): Commission and were withdrawn by the This meeting will be closed. Regulatory Affairs Analyst. Participants. See Letter from Robert Books, UTP [FR Doc. 2021–04077 Filed 2–26–21; 8:45 am] Chair, to Vanessa Countryman, Secretary, Date and time: March 16, 2021, 2:00 Commission (Nov. 17, 2020). BILLING CODE 6325–63–P p.m. to 3:00 p.m. 7 17 CFR 242.608(b)(2).

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with the information required by Rules the event of national, regional, or responsibility to notify all other 608(a) and 601(a) under the Act, localized disruption that necessitates a Participants of the initiation of the halt prepared and submitted by the Regulatory Halt to maintain a fair and as well as the lifting of the halt. The Participants to the Commission. orderly market.13 In making such notification process will be mutually determination, the Primary Listing agreed to by the Operating Committee I. Rule 608(a) Market will consider the totality of and the Primary Listing Market.15 A. Purpose of the Amendments information available concerning the During Regular Trading Hours, if the The purpose of the Amendments is to severity of the disruption, its likely Primary Listing Market does not open a incorporate into the Plans the same duration, and potential impact on security within the amount of time as processes for Regulatory Halts that are Member Firms and other market specified by the rules of the Primary proposed by the equity exchanges. participants, and will make a good-faith Listing Market after the SIP Halt Resume Consistent with the proposals from the determination that the criteria to declare Time, a Participant may resume trading equity exchanges, the Primary Listing a Regulatory Halt have been satisfied in that security. Outside of Regular Market may declare a Regulatory Halt 8 and that a Regulatory Halt is Trading Hours, a Participant may in trading for any security for which it appropriate. The Primary Listing Market resume trading immediately after the is the Primary Listing Market.9 The will consult, if feasible before declaring SIP Halt Resume Time. Participants believe that it is a Regulatory Halt, with the affected The Amendments provide that the appropriate for the Primary Listing Trading Center(s), other Participants, or Processor shall disseminate to the Market to declare a Regulatory Halt in the Processor, as applicable, regarding Participants notice of the Regulatory order to vest the authority to declare a the scope of the issue and what steps are Halt as well as notice of the lifting of a Regulatory Halt in a single entity, and being taken to address the issue. Regulatory Halt through any means the Should the Primary Listing Market with respect to any given security, the Processor considers appropriate.16 Primary Listing Market is best declare a Regulatory Halt, the Primary positioned to determine when to initiate Listing Market will determine the SIP B. Governing or Constituent Documents Halt Resume Time.14 The Primary and end a Regulatory Halt. Not applicable. The Primary Listing Market may Listing Market will declare a declare a Regulatory Halt as provided resumption of trading when it makes a C. Implementation of Amendment for in the rules of the Primary Listing good-faith determination and considers the totality of information to determine Each of the Participants has approved Market, if it determines that there is a the Amendments in accordance with 10 11 that trading may resume in a fair and SIP Outage, Material SIP Latency, Section IV(b) of the CTA Plan and Extraordinary Market Activity,12 or in orderly manner in accordance with its rules. The Primary Listing Market Section IV(c) of the CQ Plan, as applicable. The Participants also 8 retains discretion to delay the SIP Halt Regulatory Halt is defined in Section XI(a)(i)(J) solicited the Advisory Committee for its as ‘‘a halt declared by the Primary Listing Market Resume Time if it believes trading will in trading in one or more securities on all Trading not resume in a fair and orderly manner. thoughts and any comments on the Centers for regulatory purposes, including for the The Primary Listing Market has the Amendments. The Amendments would dissemination of material news, news pending, become operational upon approval by suspensions, or where otherwise necessary to the Commission. maintain a fair and orderly market. A Regulatory reporting, or execution system operated by, or Halt includes a trading pause triggered by Limit Up linked to, the Processor or a Trading Center or a D. Development and Implementation Limit Down, a halt based on Extraordinary Market member of such Trading Center that has a severe Activity, a trading halt triggered by a Market-Wide and continuing negative impact, on a market-wide Phases Circuit Breaker, and a SIP Halt.’’ basis, on quoting, order, or trading activity or on the The Amendments proposed herein 9 The ‘‘Primary Listing Market’’ is defined in availability of market information necessary to Section XI(a)(i)(H) as ‘‘the national securities maintain a fair and orderly market. For purposes of would be implemented to coincide with exchange on which an Eligible Security is listed. If this definition, a severe and continuing negative amendments filed by the equity an Eligible Security is listed on more than one impact on quoting, order, or trading activity exchanges and approved by the national securities exchange, Primary Listing includes (i) a series of quotes, orders, or Commission. Market means the exchange on which the security transactions at prices substantially unrelated to the has been listed the longest.’’ current market for the security or securities; (ii) E. Analysis of Impact on Competition 10 SIP Outage is defined in Section XI(a)(i)(M) as duplicative or erroneous quoting, order, trade ‘‘a situation in which the Processor has ceased, or reporting, or other related message traffic between The Amendments proposed herein do anticipates being unable, to provide updated and/ one or more Trading Centers or their members; or not impose any burden on competition or accurate quotation or last sale price information (iii) the unavailability of quoting, order, transaction in one or more securities for a material period that information, or regulatory messages for a sustained that is not necessary or appropriate in exceeds the time thresholds for an orderly failover period.’’ In the originally proposed amendments in furtherance of the purposes of the Act to backup facilities established by mutual 2016, Extraordinary Market Activity was defined to because the amendments simply agreement among the Processor, the Primary Listing include disruptions or malfunctions on a market. incorporate into the Plans the processes Market for the affected securities, and the Operating After discussions with SEC Staff, the Participants Committee unless the Primary Listing Market, in revised this provision to solely limit the definition for Regulatory Halts that will be consultation with the Processor and the Operating to disruptions or malfunctions that occur on a proposed by the equity exchanges. The Committee, determines that resumption of accurate market-wide basis. Participants do not believe that the data is expected in the near future.’’ 13 See Section XI(a)(iii). In the originally proposed proposed Amendments introduce terms 11 Material SIP Latency is defined in Section amendments in 2016, the Primary Listing Market XI(a)(i)(E) as ‘‘a delay of quotation or last sale price could have declared a Regulatory Halt ‘‘when that are unreasonably discriminatory for information in one or more securities between the otherwise necessary to maintain a fair and orderly the purposes of Section 11A(c)(1)(D) of time data is received by the Processor and the time market or in the public interest.’’ After discussions the Act. the Processor disseminates the data over the high with SEC Staff, the Participants revised this speed line or over the ‘‘high speed line’’ under the provision as part of the current Amendments in F. Written Understanding or Agreements CQ Plan, which delay the Primary Listing Market order to provide greater detail as to when a Relating to Interpretation of, or determines, in consultation with, and in accordance Regulatory Halt may be declared. The definitions of with, publicly disclosed guidelines established by SIP Outage, Material SIP Latency, and Participation in, Plans the Operating Committee, to be (a) material and (b) Extraordinary Market Activity appear in Section Not applicable. unlikely to be resolved in the near future.’’ XI(a)(i). 12 Extraordinary Market Activity is defined in 14 SIP Halt Resume Time is defined in Section Section XI(a)(i)(A) as ‘‘a disruption or malfunction XI(a)(i)(L) as ‘‘the time that the Primary Listing 15 See Section XI(a)(viii). of any electronic quotation, communication, Market determines as the end of a SIP Halt.’’ 16 See id.

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G. Approval by Sponsors in Accordance and arguments concerning the SECURITIES AND EXCHANGE With Plans foregoing, including whether the COMMISSION proposed Amendments are consistent Section IV(c)(i) of the CQ Plan and [Investment Company Act Release No. Section IV(b)(i) of the CTA Plan require with the Act and the rules and 34202; 812–15120] the Participants to unanimously regulations thereunder applicable to approve the Amendments proposed national market system plans. Star Mountain Credit Opportunities herein. They so approved it. Comments may be submitted by any of Fund, LP, et al. the following methods: H. Description of Operation of Facility February 23, 2021. Contemplated by the Proposed Electronic Comments AGENCY: Securities and Exchange Amendments • Use the Commission’s internet Commission (‘‘Commission’’). Not applicable. comment form (http://www.sec.gov/ ACTION: Notice. rules/sro.shtml); or I. Terms and Conditions of Access • Send an email to rule-comments@ Notice of application for an order under sections 17(d) and 57(i) of the Not applicable. sec.gov. Please include File Number SR– CTA/CQ–2021–01 on the subject line. Investment Company Act of 1940 (the J. Method of Determination and ‘‘Act’’) and rule 17d–1 under the Act to Imposition, and Amount of, Fees and Paper Comments permit certain joint transactions Charges • Send paper comments in triplicate otherwise prohibited by sections 17(d) Not applicable. to Secretary, Securities and Exchange and 57(a)(4) of the Act and rule 17d–1 Commission, 100 F Street NE, under the Act. K. Method and Frequency of Processor Washington, DC 20549–1090. SUMMARY OF APPLICATION: Applicants Evaluation All submissions should refer to File request an order to permit certain Not applicable. Number SR–CTA/CQ–2021–01. This file business development companies number should be included on the (‘‘BDCs’’) and closed-end management L. Dispute Resolution subject line if email is used. To help the investment companies to co-invest in Not applicable. Commission process and review your portfolio companies with each other and comments more efficiently, please use with certain affiliated investment funds. II. Regulation NMS Rule 601(a) (Solely only one method. The Commission will APPLICANTS: Star Mountain Credit in Its Application to the Amendments post all comments on the Commission’s Opportunities Fund, LP (the ‘‘Fund’’); to the CTA Plan) website (http://www.sec.gov/rules/ Star Mountain Fund Management, LLC A. Equity Securities for Which sro.shtml). Copies of the submission, all (the ‘‘BDC Adviser), on behalf of itself Transaction Reports Shall be Required written statements with respect to the and its successors; 1 Star Mountain by the Plan proposed Amendments that are filed Diversified Small Business Access Fund Not applicable. with the Commission, and all written II, LP, Star Mountain Diversified Small communications relating to the Business Access Fund II–A, LP, Star B. Reporting Requirements proposed Amendments between the Mountain Diversified Credit Income Not applicable. Commission and any person, other than Fund III, LP, Star Mountain—PA Small those that may be withheld from the Business Co-Investment Platform, LP, C. Manner of Collecting, Processing, public in accordance with the Star Mountain—PA Small Business Co- Sequencing, Making Available and provisions of 5 U.S.C. 552, will be Investment Platform II, LP, Star Disseminating Last Sale Information available for website viewing and Mountain—PA Holdings I, LTD, Star Not applicable. printing in the Commission’s Public Mount U.S. Lower Middle-Market Reference Room, 100 F Street NE, Secondary Fund II, LP and Star D. Manner of Consolidation Washington, DC 20549, on official Mountain SBIC Fund, LP (collectively, Not applicable. business days between the hours of the ‘‘Existing Affiliated Funds’’). 10:00 a.m. and 3:00 p.m. Copies of the E. Standards and Methods Ensuring FILING DATES: The application was filed filing also will be available for website on April 3, 2020 and amended on July Promptness, Accuracy and viewing and printing at the principal Completeness of Transaction Reports 29, 2020 and November 25, 2020. office of the Plans. All comments HEARING OR NOTIFICATION OF HEARING: Not applicable. received will be posted without change; An order granting the requested relief F. Rules and Procedures Addressed to the Commission does not edit personal will be issued unless the Commission Fraudulent or Manipulative identifying information from orders a hearing. Interested persons may Dissemination submissions. You should submit only request a hearing by emailing the information that you wish to make Commission’s Secretary at Secretarys- Not applicable. available publicly. All submissions [email protected] and serving applicants G. Terms of Access to Transaction should refer to File Number SR–CTA/ with a copy of the request by email. Reports CQ–2021–01 and should be submitted Hearing requests should be received by on or before March 22, 2021. Not applicable. the Commission by 5:30 p.m. on March For the Commission, by the Division of 22, 2021, and should be accompanied H. Identification of Marketplace of Trading and Markets, pursuant to delegated by proof of service on applicants, in the Execution authority.17 form of an affidavit or, for lawyers, a Not applicable. J. Matthew DeLesDernier, certificate of service. Pursuant to rule 0– Assistant Secretary. III. Solicitation of Comments [FR Doc. 2021–04088 Filed 2–26–21; 8:45 am] 1 The term ‘‘successor’’, as applied to each Adviser (as defined below), means an entity that The Commission seeks comments on BILLING CODE 8011–01–P results from a reorganization into another the Amendments. Interested persons are jurisdiction or change in the type of business invited to submit written data, views, 17 17 CFR 200.30–3(a)(85). organization.

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5 under the Act, hearing requests should the Act (‘‘Non-Interested Directors’’). reliance on the requested Order. state the nature of the writer’s interest, Prior to relying on the requested Order, ‘‘Potential Co-Investment Transaction’’ any facts bearing upon the desirability the Fund will have filed an election to means any investment opportunity in of a hearing on the matter, the reason for be regulated as a BDC under the Act. which a Regulated Fund (or its Wholly- the request, and the issues contested. 2. The BDC Adviser is a limited Owned Investment Sub) could not Persons who wish to be notified of a liability company organized under the participate together with one or more hearing may request notification by laws of the State of Delaware and is Affiliated Funds and/or one or more emailing the Commission’s Secretary at registered with the Commission under other Regulated Funds without [email protected]. the Investment Advisers Act of 1940 obtaining and relying on the Order.7 ADDRESSES: Secretary, U.S. Securities (the ‘‘Advisers Act’’). The BDC Adviser 5. Applicants state that any of the and Exchange Commission, Secretarys- serves as the investment adviser to the Regulated Funds may, from time to [email protected]. Applicants: Fund and each of the Existing Affiliated time, form a Wholly-Owned Investment Chris.Gimbert@ Funds. Sub.8 Such a subsidiary would be starmountaincapital.com and 3. The Existing Affiliated Funds prohibited from investing in a Co- [email protected]. pursue strategies focused on investing Investment Transaction with any FOR FURTHER INFORMATION CONTACT: in senior and subordinated loans with Affiliated Fund or Regulated Fund Barbara T. Heussler, Senior Counsel, at equity upside investments in U.S. small because it would be a company (202) 551–6990 or Trace W. Rakestraw, and medium-sized businesses. Each controlled by its parent Regulated Fund Branch Chief, at (202) 551–6825 Existing Affiliated Fund is an entity for purposes of section 57(a)(4) of the (Division of Investment Management, whose investment adviser is the BDC Act and rule 17d–1 under the Act. Chief Counsel’s Office). Adviser and that would be an Applicants request that each Wholly- investment company but for section Owned Investment Sub be permitted to SUPPLEMENTARY INFORMATION: The 3(c)(1) or 3(c)(7) of the Act. participate in Co-Investment following is a summary of the 4. Applicants seek an order (‘‘Order’’) Transactions in lieu of its parent application. The complete application to permit a Regulated Fund 4 and one or Regulated Fund and that the Wholly- may be obtained via the Commission’s more other Regulated Funds and/or one Owned Investment Sub’s participation website by searching for the file or more Affiliated Funds 5 to participate in any such transaction be treated, for number, or for an applicant using the in the same investment opportunities purposes of the Order, as though the Company name box, at http:// through a proposed co-investment parent Regulated Fund were www.sec.gov/search/search.htm or by program (the ‘‘Co-Investment Program’’) participating directly. Applicants calling (202) 551–8090. where such participation would represent that this treatment is justified Applicants’ Representations otherwise be prohibited under section because a Wholly-Owned Investment 1. The Fund is a Delaware limited 17(d) and/or section 57(a)(4) and rule Sub would have no purpose other than partnership that will convert to a 17d–1 by (a) co-investing with each serving as a holding vehicle for the Delaware corporation that is a non- other in securities issued by issuers in Regulated Fund’s investments and, diversified, closed-end management private placement transactions in which therefore, no conflicts of interest could an Adviser negotiates terms in addition arise between the Regulated Fund and investment company and intends to 6 elect to be regulated as a business to price; and (b) making additional the Wholly-Owned Investment Sub. The development company (‘‘BDC’’) under investments in securities of such Regulated Fund’s Board would make all section 54(a) of the Act.2 The Fund’s issuers, including through the exercise relevant determinations under the investment objective is to create a of warrants, conversion privileges, and conditions with regard to a Wholly- diversified and current yielding other rights to purchase securities of the Owned Investment Sub’s participation portfolio composed primarily of senior issuers (‘‘Follow-On Investments’’). ‘‘Co- in a Co-Investment Transaction, and the and subordinated loans with equity Investment Transaction’’ means any Regulated Fund’s Board would be upside investments in the U.S. small transaction in which a Regulated Fund informed of, and take into and medium-sized business (‘‘SMBs’’) (or its Wholly-Owned Investment Sub, consideration, any proposed use of a market segment. The Fund invests as defined below) participates together Wholly-Owned Investment Sub in the primarily in privately negotiated loans with one or more other Regulated Funds Regulated Fund’s place. If the Regulated and equity investments to SMBs and/or one or more Affiliated Funds in Fund proposes to participate in the generally with annual revenues greater than $15 million and earnings before 4 ‘‘Regulated Fund’’ means the Fund and any 7 All existing entities that currently intend to rely Future Regulated Fund. ‘‘Future Regulated Fund’’ upon the requested Order have been named as interest, taxes, depreciation and means any closed-end management investment applicants. Any other existing or future entity that amortization of less than $50 million. company (a) that is registered under the Act or has subsequently relies on the Order will comply with The Fund generates revenues primarily elected to be regulated as BDC, (b) whose the terms and conditions of the application. through receipt of interest income from investment adviser is an Adviser, and (c) that 8 The term ‘‘Wholly-Owned Investment Sub’’ intends to participate in the Co-Investment the investments it holds. The board of means an entity (i) that is wholly-owned by a Program. The term ‘‘Adviser’’ means the BDC Regulated Fund (with the Regulated Fund at all 3 directors (the ‘‘Board’’) of the Fund Adviser and any future investment adviser that (i) times holding, beneficially and of record, 100 will be comprised of five directors, three controls, is controlled by, or is under common percent of the voting and economic interests); (ii) of whom are not ‘‘interested persons,’’ control with the BDC Adviser and (ii) is registered whose sole business purpose is to hold one or more as an investment adviser under the Advisers Act. within the meaning of section 2(a)(19) of investments on behalf of the Regulated Fund; (iii) 5 ‘‘Affiliated Fund’’ means the Existing Affiliated with respect to which the Regulated Fund’s Board Funds and any entity (a) whose investment adviser has the sole authority to make all determinations 2 Section 2(a)(48) defines a BDC to be any closed- is an Adviser, (b) that would be an investment with respect to the entity’s participation under the end investment company that operates for the company but for section 3(c)(1) or 3(c)(7) of the Act, conditions of the application; and (iv) that would purpose of making investments in securities and (c) that intends to participate in the Co- be an investment company but for section 3(c)(1) or described in sections 55(a)(1) through 55(a)(3) of the Investment Program. 3(c)(7) of the Act. All subsidiaries participating in Act and makes available significant managerial 6 The term ‘‘private placement transactions’’ Co-Investment Transactions will be Wholly-Owned assistance with respect to the issuers of such means transactions in which the offer and sale of Investment Subs and will have Objectives and securities. securities by the issuer are exempt from registration Strategies (as defined below) that are either the 3 The term ‘‘Board’’ refers to the board of directors under the Securities Act of 1933 (the ‘‘Securities same as, or a subset of, their parent Regulated of any Regulated Fund. Act’’). Fund’s Objectives and Strategies.

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same Co-Investment Transaction with investment by the participating 2. Similarly, with regard to BDCs, any of its Wholly-Owned Investment Regulated Fund. section 57(a)(4) of the Act generally Subs, the Board will also be informed 8. With respect to the pro rata prohibits certain persons specified in of, and take into consideration, the dispositions and Follow-On Investments section 57(b) from participating in joint relative participation of the Regulated provided in conditions 7 and 8, a transactions with the BDC or a company Fund and the Wholly-Owned Regulated Fund may participate in a pro controlled by the BDC in contravention Investment Sub. rata disposition or Follow-On of rules as prescribed by the Investment without obtaining prior Commission. Section 57(i) of the Act 6. When considering Potential Co- provides that, until the Commission Investment Transactions for any approval of the Required Majority if, among other things: (i) The proposed prescribes rules under section 57(a)(4), Regulated Fund, the applicable Adviser participation of each Regulated Fund the Commission’s rules under section will consider only the Objectives and and Affiliated Fund in such disposition 17(d) of the Act applicable to registered Strategies,9 investment policies, or Follow-On Investment is closed-end investment companies will investment positions, capital available be deemed to apply to transactions 10 proportionate to its outstanding for investment, and other pertinent investments in the issuer immediately subject to section 57(a)(4). Because the factors applicable to that Regulated preceding the disposition or Follow-On Commission has not adopted any rules Fund. The Regulated Fund’s Adviser Investment, as the case may be; and (ii) under section 57(a)(4), rule 17d–1 also expects that any portfolio company that the Board of the Regulated Fund has applies to joint transactions with is an appropriate investment for a approved that Regulated Fund’s Regulated Funds that are BDCs. Regulated Fund should also be an participation in pro rata dispositions 3. Applicants state that in the absence appropriate investment for one or more and Follow-On Investments as being in of the requested relief, in some other Regulated Funds and/or one or the best interests of the Regulated Fund. circumstances the Regulated Funds more Affiliated Funds, with certain If the Board does not so approve, any would be limited in their ability to exceptions based on capital available for such disposition or Follow-On participate in attractive and appropriate investment or diversification. The Board Investment will be submitted to the investment opportunities. Applicants of each Regulated Fund, including the Regulated Fund’s Eligible Directors. The believe that the proposed terms and Non-Interested Directors, has Board of any Regulated Fund may at any conditions set forth in the application determined, or will have determined, time rescind, suspend or qualify its ensure that the proposed Co-Investment that it is in the best interests of the approval of pro rata dispositions and Transactions are consistent with the Regulated Fund to participate in Co- Follow-On Investments with the result protection of each Regulated Fund’s Investment Transactions.11 that all dispositions and/or Follow-On shareholders and with the purposes intended by the policies and provisions 7. Other than pro rata dispositions Investments must be submitted to the Eligible Directors. of the Act. Applicants believe that the and Follow-On Investments as provided participation of the Regulated Funds in 9. No Non-Interested Director of a in conditions 7 and 8, and after making the Co-Investment Transactions done in Regulated Fund will have a financial the determinations required in accordance with the proposed terms and interest in any Co-Investment conditions 1 and 2(a), the Adviser will conditions would be consistent with the Transaction, other than indirectly present each Potential Co-Investment provisions, policies, and purposes of the through share ownership in one of the Transaction and the proposed allocation Act and would be done in a manner that Regulated Funds. to the directors of the Board eligible to was not different from, or less vote on that Co-Investment Transaction 10. If the Advisers, their principal advantageous than, the other under section 57(o) of the Act (‘‘Eligible owners (the ‘‘Principals’’), or any person participants. Directors’’), and the required majority of controlling, controlled by, or under such directors of the Board, as defined common control with the Advisers or Applicants’ Conditions in section 57(o) of the Act (‘‘Required the Principals, and the Affiliated Funds Applicants agree that the Order shall Majority’’) 12 will approve each Co- (collectively, the ‘‘Holders’’) own in the be subject to the following conditions: Investment Transaction prior to any aggregate more than 25 percent of the 1. Each time an Adviser considers a outstanding voting shares of a Regulated Potential Co-Investment Transaction for Fund (the ‘‘Shares’’), then the Holders 9 ‘‘Objectives and Strategies’’ means a Regulated an Affiliated Fund or another Regulated Fund’s investment objectives and strategies, as will vote such Shares as required under Fund that falls within a Regulated described in the Regulated Fund’s registration condition 14. Fund’s then-current Objectives and statement on Form N–2, other filings the Regulated Strategies, the Regulated Fund’s Adviser Fund has made with the Commission under the Applicants’ Legal Analysis Securities Act, or under the Securities Exchange will make an independent Act of 1934, and the Regulated Fund’s reports to 1. Section 17(d) of the Act and rule determination of the appropriateness of shareholders. 17d–1 under the Act prohibit affiliated the investment for such Regulated Fund 10 The amount of each Regulated Fund’s capital persons of a registered investment in light of the Regulated Fund’s then- available for investment will be determined based company from participating in joint current circumstances. on the amount of cash on hand, existing commitments and reserves, if any, the targeted transactions with the company unless 2.(a) If the Adviser deems a Regulated leverage level, targeted asset mix and other the Commission has granted an order Fund’s participation in any Potential investment policies and restrictions set from time permitting such transactions. In passing Co-Investment Transaction to be to time by the Board of the applicable Regulated upon applications under rule 17d–1, the appropriate for the Regulated Fund, it Fund or imposed by applicable laws, rules, regulations or interpretations. Commission considers whether the will then determine an appropriate level 11 The Regulated Funds, however, will not be company’s participation in the joint of investment for the Regulated Fund. obligated to invest, or co-invest, when investment transaction is consistent with the (b) If the aggregate amount opportunities are referred to them. provisions, policies, and purposes of the recommended by the applicable Adviser 12 In the case of a Regulated Fund that is a Act and the extent to which such to be invested by the applicable registered closed-end fund, the Board members that Regulated Fund in the Potential Co- make up the Required Majority will be determined participation is on a basis different from as if the Regulated Fund were a BDC subject to or less advantageous than that of other Investment Transaction, together with section 57(o). participants. the amount proposed to be invested by

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the other participating Regulated Funds reaching the conclusions required by subject to examination by the and Affiliated Funds, collectively, in the this condition (2)(c)(iii), if: Commission and its staff. same transaction, exceeds the amount of (A) The Eligible Directors will have 5. Except for Follow-On Investments the investment opportunity, the the right to ratify the selection of such made in accordance with condition 8,13 investment opportunity will be director or board observer, if any; a Regulated Fund will not invest in allocated among them pro rata based on (B) the applicable Adviser agrees to, reliance on the Order in any issuer in each participant’s capital available for and does, provide periodic reports to which another Regulated Fund, investment in the asset class being the Regulated Fund’s Board with respect Affiliated Fund, or any affiliated person allocated, up to the amount proposed to to the actions of such director or the of another Regulated Fund or Affiliated be invested by each. The applicable information received by such board Fund is an existing investor. Adviser will provide the Eligible observer or obtained through the 6. A Regulated Fund will not Directors of each participating exercise of any similar right to participate in any Potential Co- Regulated Fund with information participate in the governance or Investment Transaction unless the concerning each participating party’s management of the portfolio company; terms, conditions, price, class of available capital to assist the Eligible and securities to be purchased, settlement Directors with their review of the (C) any fees or other compensation date, and registration rights will be the Regulated Fund’s investments for that any Affiliated Fund or any same for each participating Regulated compliance with these allocation Regulated Fund or any affiliated person Fund and Affiliated Fund. The grant to procedures. of any Affiliated Fund or any Regulated an Affiliated Fund or another Regulated (c) After making the determinations Fund receives in connection with the Fund, but not the Regulated Fund, of right of an Affiliated Fund or a required in conditions 1 and 2(a), the the right to nominate a director for Regulated Fund to nominate a director applicable Adviser will distribute election to a portfolio company’s board or appoint a board observer or otherwise written information concerning the of directors, the right to have an to participate in the governance or Potential Co-Investment Transaction observer on the board of directors or management of the portfolio company (including the amount proposed to be similar rights to participate in the will be shared proportionately among invested by each participating Regulated governance or management of the the participating Affiliated Funds (who Fund and Affiliated Fund) to the portfolio company will not be each may, in turn, share its portion with Eligible Directors of each participating interpreted so as to violate this its affiliated persons) and the Regulated Fund for their consideration. condition 6, if conditions 2(c)(iii)(A), (B) participating Regulated Funds in A Regulated Fund will co-invest with and (C) are met. accordance with the amount of each 7.(a) If any Affiliated Fund or any one or more other Regulated Funds and/ party’s investment; and Regulated Fund elects to sell, exchange or one or more Affiliated Funds only if, (iv) the proposed investment by the or otherwise dispose of an interest in a prior to the Regulated Fund’s Regulated Fund will not benefit the participation in the Potential Co- Advisers, the Affiliated Funds or the security that was acquired in a Co- Investment Transaction, a Required other Regulated Funds or any affiliated Investment Transaction, the applicable Majority concludes that: person of any of them (other than the Advisers will: (i) The terms of the Potential Co- parties to the Co-Investment (i) Notify each Regulated Fund that Investment Transaction, including the Transaction), except (A) to the extent participated in the Co-Investment consideration to be paid, are reasonable permitted by condition 13, (B) to the Transaction of the proposed disposition and fair to the Regulated Fund and its extent permitted by section 17(e) or at the earliest practical time; and (ii) formulate a recommendation as to shareholders and do not involve 57(k) of the Act, as applicable, (C) participation by each Regulated Fund in overreaching in respect of the Regulated indirectly, as a result of an interest in the disposition. Fund or its shareholders on the part of the securities issued by one of the (b) Each Regulated Fund will have the any person concerned; parties to the Co-Investment right to participate in such disposition (ii) the Potential Co-Investment Transaction, or (D) in the case of fees or on a proportionate basis, at the same Transaction is consistent with: other compensation described in price and on the same terms and (A) The interests of the shareholders condition 2(c)(iii)(C). of the Regulated Fund; and 3. Each Regulated Fund has the right conditions as those applicable to the (B) the Regulated Fund’s then-current to decline to participate in any Potential participating Affiliated Funds and any Objectives and Strategies; Co-Investment Transaction or to invest other Regulated Fund. (iii) the investment by any other less than the amount proposed. (c) A Regulated Fund may participate Regulated Funds or Affiliated Funds 4. The applicable Adviser will present in such disposition without obtaining would not disadvantage the Regulated to the Board of each Regulated Fund, on prior approval of the Required Majority Fund, and participation by the a quarterly basis, a record of all if: (i) The proposed participation of each Regulated Fund would not be on a basis investments in Potential Co-Investment Regulated Fund and each Affiliated different from or less advantageous than Transactions made by any of the other Fund in such disposition is that of other Regulated Funds or Regulated Funds or Affiliated Funds proportionate to its outstanding Affiliated Funds; provided that, if any during the preceding quarter that fell investments in the issuer immediately other Regulated Fund or Affiliated within the Regulated Fund’s then- preceding the disposition; (ii) the Board Fund, but not the Regulated Fund itself, current Objectives and Strategies that of the Regulated Fund has approved as gains the right to nominate a director for were not made available to the being in the best interests of the election to a portfolio company’s board Regulated Fund, and an explanation of Regulated Fund the ability to participate of directors or the right to have a board why the investment opportunities were in such dispositions on a pro rata basis observer or any similar right to not offered to the Regulated Fund. All (as described in greater detail in the participate in the governance or information presented to the Board 13 pursuant to this condition will be kept This exception applies only to Follow-On management of the portfolio company, Investments by a Regulated Fund in issuers in such event shall not be interpreted to for the life of the Regulated Fund and which that Regulated Fund already holds prohibit the Required Majority from at least two years thereafter, and will be investments.

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application); and (iii) the Board of the same transaction, exceeds the amount of 13. Any transaction fee 14 (including Regulated Fund is provided on a the opportunity; then the amount break-up or commitment fees but quarterly basis with a list of all invested by each such party will be excluding broker’s fees contemplated by dispositions made in accordance with allocated among them pro rata based on section 17(e) or 57(k) of the Act, as this condition. In all other cases, the each party’s capital available for applicable), received in connection with Adviser will provide its written investment in the asset class to be a Co-Investment Transaction will be recommendation as to the Regulated allocated, up to the amount proposed to distributed to the participating Fund’s participation to the Eligible be invested by each. Regulated Funds and Affiliated Funds Directors, and the Regulated Fund will (d) The acquisition of Follow-On on a pro rata basis based on the amounts participate in such disposition solely to Investments as permitted by this they invested or committed, as the case the extent that a Required Majority condition will be considered a Co- may be, in such Co-Investment determines that it is in the Regulated Investment Transaction for all purposes Transaction. If any transaction fee is to Fund’s best interests. be held by an Adviser pending (d) Each Affiliated Fund and each and subject to the other conditions set forth in the application. consummation of the transaction, the Regulated Fund will bear its own fee will be deposited into an account expenses in connection with any such 9. The Non-Interested Directors of maintained by such Adviser at a bank or disposition. each Regulated Fund will be provided banks having the qualifications 8.(a) If any Affiliated Fund or any quarterly for review all information prescribed in section 26(a)(1) of the Act, Regulated Fund desires to make a concerning Potential Co-Investment and the account will earn a competitive Follow-On Investment in a portfolio Transactions and Co-Investment rate of interest that will also be divided company whose securities were Transactions, including investments pro rata among the participating acquired in a Co-Investment made by other Regulated Funds and Regulated Funds and Affiliated Funds Transaction, the applicable Advisers Affiliated Funds that the Regulated based on the amounts they invest in will: Fund considered but declined to such Co-Investment Transaction. None (i) Notify each Regulated Fund that participate in, so that the Non-Interested of the Affiliated Funds, the Advisers, participated in the Co-Investment Directors may determine whether all the other Regulated Funds or any Transaction of the proposed transaction investments made during the preceding affiliated person of the Regulated Funds at the earliest practical time; and quarter, including those investments or Affiliated Funds will receive (ii) formulate a recommendation as to which the Regulated Fund considered additional compensation or the proposed participation, including but declined to participate in, comply remuneration of any kind as a result of the amount of the proposed Follow-On with the conditions of the Order. In or in connection with a Co-Investment Investment, by each Regulated Fund. addition, the Non-Interested Directors (b) A Regulated Fund may participate Transaction (other than (a) in the case will consider at least annually the in such Follow-On Investment without of the Regulated Funds and the continued appropriateness for the obtaining prior approval of the Required Affiliated Funds, the pro rata Regulated Fund of participating in new Majority if: (i) The proposed transaction fees described above and and existing Co-Investment participation of each Regulated Fund fees or other compensation described in Transactions. and each Affiliated Fund in such condition 2(c)(iii)(C); and (b) in the case investment is proportionate to its 10. Each Regulated Fund will of an Adviser, investment advisory fees outstanding investments in the issuer maintain the records required by section paid in accordance with the agreement immediately preceding the Follow-On 57(f)(3) of the Act as if each of the between the Adviser and the Regulated Investment; and (ii) the Board of the Regulated Funds were a BDC and each Fund or Affiliated Fund. Regulated Fund has approved as being of the investments permitted under 14. If the Holders own in the aggregate in the best interests of the Regulated these conditions were approved by the more than 25 percent of the Shares of Fund the ability to participate in Required Majority under section 57(f) of a Regulated Fund, then the Holders will Follow-On Investments on a pro rata the Act. vote such Shares in the same basis (as described in greater detail in 11. No Non-Interested Director of a percentages as the Regulated Fund’s the application). In all other cases, the Regulated Fund will also be a director, other shareholders (not including the Adviser will provide its written general partner, managing member or Holders) when voting on (1) the election recommendation as to the Regulated principal, or otherwise an ‘‘affiliated of directors; (2) the removal of one or Fund’s participation to the Eligible person’’ (as defined in the Act) of an more directors; or (3) any other matter Directors, and the Regulated Fund will Affiliated Fund. under either the Act or applicable State participate in such Follow-On law affecting the Board’s composition, Investment solely to the extent that a 12. The expenses, if any, associated size or manner of election. with acquiring, holding or disposing of Required Majority determines that it is 15. Each Regulated Fund’s chief in the Regulated Fund’s best interests. any securities acquired in a Co- Investment Transaction (including, compliance officer, as defined in rule (c) If, with respect to any Follow-On 38a–1(a)(4) under the Act, will prepare Investment: without limitation, the expenses of the distribution of any such securities an annual report for its Board each year (i) The amount of the opportunity is that evaluates (and documents the basis not based on the Regulated Funds’ and registered for sale under the Securities Act) will, to the extent not payable by of that evaluation) the Regulated Fund’s the Affiliated Funds’ outstanding compliance with the terms and investments immediately preceding the the Advisers under their respective investment advisory agreements with conditions of the application and the Follow-On Investment; and procedures established to achieve such (ii) the aggregate amount Affiliated Funds and the Regulated compliance. recommended by the Adviser to be Funds, be shared by the Regulated invested by each Regulated Fund in the Funds and the Affiliated Funds in 14 Follow-On Investment, together with proportion to the relative amounts of the Applicants are not requesting and the staff is securities held or to be acquired or not providing any relief for transaction fees the amount proposed to be invested by received in connection with any Co-Investment the participating Affiliated Funds in the disposed of, as the case may be. Transaction.

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For the Commission, by the Division approximately 404 filings.1 respond to, a collection of information of Investment Management, under Additionally, we would update the unless it displays a currently valid delegated authority. current approved estimate of the annual control number. number of Form ID filings for new filers The public may view background J. Matthew DeLesDernier, without CIKs (46,842 filings) by documentation for this information Assistant Secretary. approximately 1,247 filings.2 collection at the following website: [FR Doc. 2021–04075 Filed 2–26–21; 8:45 am] Thus, for purposes of the Paperwork www.reginfo.gov. Find this particular BILLING CODE 8011–01–P Reduction Act, the estimated total information collection by selecting number of annual Form ID filings would ‘‘Currently under 30-day Review—Open increase from 46,842 filings to 48,493 for Public Comments’’ or by using the SECURITIES AND EXCHANGE filings.3 The estimate of 0.15 hours per search function. Written comments and COMMISSION response would stay the same, as the recommendations for the proposed filers with CIKs would be filling out the information collection should be sent [Extension Form Id 3235–0328] same information as filers without CIKs. within 30 days of publication of this The estimated total annual burden notice to (i) www.reginfo.gov/public/do/ Submission for OMB Review; would increase from 7,026 hours to PRAMain and (ii) David Bottom, Comment Request; Upon Written 7,274 hours.4 The estimate that the filers Director/Chief Information Officer, Request are responsible for 100% of the total Securities and Exchange Commission, c/ burden hours would stay the same. o Cynthia Roscoe, 100 F Street NE, Copies Available From: Securities and In relation to the potential Washington, DC 20549, or by sending an Exchange Commission, Office of FOIA amendments described above, the email to: [email protected]. Services, 100 F Street NE, Commission may consider amending Dated: February 24, 2021. Washington, DC 20549–2736 the Form ID to delete references to J. Matthew DeLesDernier, Notice is hereby given that, pursuant applicants that do not have CIKs. If Assistant Secretary. to the Paperwork Reduction Act of 1995 adopted, this amendment would clarify (44 U.S.C. 3501 et seq.) (the ‘‘Paperwork that a Form ID submission would also [FR Doc. 2021–04139 Filed 2–26–21; 8:45 am] Reduction Act’’), the Commission is be required by applicants that already BILLING CODE 8011–01–P soliciting comments on the collection of have CIKs but do not have EDGAR access codes. Separately, the information summarized below. The SECURITIES AND EXCHANGE Commission may also consider Commission plans to submit this COMMISSION existing collection of information to the modifying Form ID to update its Office of Management and Budget. instructions and cross-references to [Release No. 34–91190; File No. S7–24–89] Form ID (OMB Control No. 3235– Volume I of the EDGAR Filer Manual.5 Joint Industry Plan; Notice of Filing 0328) must be completed and filed with Other than the potential amendments and Immediate Effectiveness of the the Commission by all individuals, to require certain applicants that already have a CIK, but do not have EDGAR Fiftieth Amendment to the Joint Self- companies, and other organizations who Regulatory Organization Plan seek access to file electronically on the access codes, to submit the Form ID, we do not believe that these additional Governing the Collection, Commission’s primary electronic filing Consolidation and Dissemination of system, Electronic Data Gathering, amendments to the Form ID would make any substantive modifications to Quotation and Transaction Information Analysis and Retrieval system for Nasdaq-Listed Securities Traded on (‘‘EDGAR’’). Those seeking access to file any existing collection of information requirements or impose any new Exchanges on an Unlisted Trading on EDGAR typically include those who Privileges Basis are required to make certain disclosures substantive recordkeeping or pursuant to the federal securities laws. information collection requirements February 23, 2021. The information provided on Form ID is within the meaning of the Paperwork Pursuant to Section 11A of the an essential part of the security of Reduction Act. Securities Exchange Act of 1934 An agency may not conduct or EDGAR. Form ID is not a public (‘‘Act’’) 1 and Rule 608 thereunder,2 sponsor, and a person is not required to document because it is used solely for notice is hereby given that on February the purpose of screening applicants and 11, 2021,3 the Participants 4 in the Joint 1 We base this estimate on the average number of granting access to EDGAR. Form ID filers with CIKs who have obtained access codes to Self-Regulatory Organization Plan must be submitted whenever an EDGAR for the past three fiscal years. (524 + 359 Governing the Collection, Consolidation applicant seeks an EDGAR + 330)/3 = 404. and Dissemination of Quotation and identification number (Central Index 2 We base this estimate on the number of Form Transaction Information for Nasdaq- Key or CIK) and access codes to file on ID filings for filers with no CIKs for the past three fiscal years and subtracting it from the current Listed Securities Traded on Exchanges EDGAR. approved estimate. ((49,269 + 48,136 + 46,861)/3) The Commission may consider, ¥ 46,842 = 1,247. 1 15 U.S.C. 78k–1. among other things, amendments to 3 46,842 + 404 + 1,247 = 48,493. 2 17 CFR 242.608. Form ID that would result in a more 4 48,493 × 0.15 = 7,274. 3 See Letter from Robert Books, Chair, UTP 5 See Adoption of Updated EDGAR Filer Manual, Operating Committee, to Vanessa Countryman, uniform and secure process for EDGAR Proposed Collection and Comment Request for Secretary, Commission (Feb. 11, 2021). access by requiring certain applicants Form ID, Release No. 33–10902 (Dec. 11, 2020) [86 4 The Participants are: Cboe BYX Exchange, Inc., that already have a CIK, but do not have FR 7968] (Feb. 3, 2021)] (allowing applicants to Cboe BZX Exchange, Inc., Cboe EDGA Exchange, EDGAR access codes, to submit the EDGAR the option of obtaining electronic Inc., Cboe EDGX Exchange, Inc., Cboe Exchange, notarizations and remote online notarizations). The Inc., Financial Industry Regulatory Authority, Inc., Form ID to obtain access to EDGAR. If Commission also amended 17 CFR 232.10(b) to The Investors’ Exchange LLC, Long-Term Stock these amendments are adopted, for remove the manual signature requirement for Exchange, Inc., MEMX LLC, MIAX PEARL, LLC, purposes of the Paperwork Reduction EDGAR access requests to allow electronic Nasdaq BX, Inc., Nasdaq ISE, LLC, Nasdaq PHLX, Act, the estimated total number of signature requests. Id. The methods of notarization Inc., The Nasdaq Stock Market LLC, New York provide an efficient means of authenticating Stock Exchange LLC, NYSE American LLC, NYSE annual Form ID filings for filers with signatures in connection with requests for EDGAR Arca, Inc., NYSE Chicago, Inc., and NYSE National, CIKs that need to obtain access codes is access. Inc. (collectively, the ‘‘Participants’’).

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on an Unlisted Trading Privileges Basis with respect to any given security, the severity of the disruption, its likely (‘‘UTP Plan’’ or ‘‘Plan’’) filed with the Primary Listing Market is best duration, and potential impact on Securities and Exchange Commission positioned to determine when to initiate Member Firms and other market (‘‘Commission’’) a proposal to amend and end a Regulatory Halt. participants, and will make a good-faith the UTP Plan.5 The amendment The Primary Listing Market may determination that the criteria to declare represents the Fiftieth Amendment to declare a Regulatory Halt as provided a Regulatory Halt have been satisfied the Plan (‘‘Amendment’’). Under the for in the rules of the Primary Listing and that a Regulatory Halt is Amendment, the Participants propose Market, if it determines that there is a appropriate. The Primary Listing Market revisions to the provisions of the Plan SIP Outage,10 Material SIP Latency,11 will consult, if feasible before declaring governing regulatory and operational Extraordinary Market Activity,12 or in a Regulatory Halt, with the affected halts.6 the event of national, regional, or Trading Center(s), other Participants, or The proposed Amendment has been localized disruption that necessitates a the Processor, as applicable, regarding filed by the Participants pursuant to Regulatory Halt to maintain a fair and the scope of the issue and what steps are Rule 608(b)(2) under Regulation NMS.7 orderly market.13 In making such being taken to address the issue. The Commission is publishing this determination, the Primary Listing Should the Primary Listing Market notice to solicit comments from Market will consider the totality of declare a Regulatory Halt, the Primary interested persons on the proposed information available concerning the Listing Market will determine the SIP Amendment. Set forth in Sections I and Halt Resume Time.14 The Primary II is the statement of the purpose and 10 SIP Outage is defined in Section X.A.13 as ‘‘a Listing Market will declare a summary of the Amendment, along with situation in which the Processor has ceased, or resumption of trading when it makes a anticipates being unable, to provide updated and/ the information required by Rules 608(a) or accurate quotation or last sale price information good-faith determination and considers and 601(a) under the Act, prepared and in one or more securities for a material period that the totality of information to determine submitted by the Participants to the exceeds the time thresholds for an orderly failover that trading may resume in a fair and Commission. to backup facilities established by mutual orderly manner in accordance with its agreement among the Processor, the Primary Listing rules. The Primary Listing Market I. Rule 608(a) Market for the affected securities, and the Operating Committee unless the Primary Listing Market, in retains discretion to delay the SIP Halt A. Purpose of the Amendment consultation with the Processor and the Operating Resume Time if it believes trading will Committee, determines that resumption of accurate The purpose of the Amendment is to not resume in a fair and orderly manner. data is expected in the near future.’’ The Primary Listing Market has the incorporate into the UTP Plan the same 11 Material SIP Latency is defined in Section processes for Regulatory Halts that are X.A.5 as ‘‘a delay of quotation or last sale price responsibility to notify all other proposed by the equity exchanges. information in one or more securities between the Participants of the initiation of the halt time data is received by the Processor and the time Consistent with the proposals from the as well as the lifting of the halt. The the Processor disseminates the data over the high notification process will be mutually equity exchanges, the Primary Listing speed line or over the ‘‘high speed line’’ under the agreed to by the Operating Committee Market may declare a Regulatory Halt 8 CQ Plan, which delay the Primary Listing Market determines, in consultation with, and in accordance and the Primary Listing Market.15 in trading for any security for which it with, publicly disclosed guidelines established by During Regular Trading Hours, if the is the Primary Listing Market.9 The the Operating Committee, to be (a) material and (b) Primary Listing Market does not open a Participants believe that it is unlikely to be resolved in the near future.’’ 12 Extraordinary Market Activity is defined in security within the amount of time as appropriate for the Primary Listing specified by the rules of the Primary Market to declare a Regulatory Halt in Section X.A.1 as ‘‘a disruption or malfunction of any electronic quotation, communication, reporting, Listing Market after the SIP Halt Resume order to vest the authority to declare a or execution system operated by, or linked to, the Time, a Participant may resume trading Regulatory Halt in a single entity, and Processor or a Trading Center or a member of such Trading Center that has a severe and continuing in that security. Outside of Regular negative impact, on a market-wide basis, on Trading Hours, a Participant may 5 The Amendment was posted to the Plan website quoting, order, or trading activity or on the on February 12, 2021. See Email from James P. resume trading immediately after the availability of market information necessary to Dombach, Counsel to the Plan, to Michael E. Coe, SIP Halt Resume Time. maintain a fair and orderly market. For purposes of Assistant Director, Commission, et al. (Feb. 12, The amendment provides that the this definition, a severe and continuing negative 2021). impact on quoting, order, or trading activity Processor shall disseminate to the 6 The Participants previously, on December 5, includes (i) a series of quotes, orders, or Participants notice of the Regulatory 2016, filed an amendment to the provisions of the transactions at prices substantially unrelated to the Plan governing regulatory and operation halts. This Halt as well as notice of the lifting of a current market for the security or securities; (ii) Regulatory Halt through any means the amendment was not acted upon by the Commission duplicative or erroneous quoting, order, trade 16 and was withdrawn by the Participants. See Letter reporting, or other related message traffic between Processor considers appropriate. from Robert Books, UTP Chair, to Vanessa one or more Trading Centers or their members; or Countryman, Secretary, Commission (Nov. 17, (iii) the unavailability of quoting, order, transaction B. Governing or Constituent Documents 2020). information, or regulatory messages for a sustained Not applicable. 7 17 CFR 242.608(b)(2). period.’’ In the originally proposed amendment in 8 Regulatory Halt is defined in Section X.A.10 as 2016, Extraordinary Market Activity was defined to C. Implementation of Amendment ‘‘a halt declared by the Primary Listing Market in include disruptions or malfunctions on a market. trading in one or more securities on all Trading After discussions with SEC Staff, the Participants All of the Participants have Centers for regulatory purposes, including for the revised this provision to solely limit the definition manifested their approval of the dissemination of material news, news pending, to disruptions or malfunctions that occur on a proposed amendment by means of their suspensions, or where otherwise necessary to market-wide basis. execution of the UTP Plan Amendment. maintain a fair and orderly market. A Regulatory 13 See Section X.C. In the originally proposed Halt includes a trading pause triggered by Limit Up amendment in 2016, the Primary Listing Market The Participants also solicited the Limit Down, a halt based on Extraordinary Market could have declared a Regulatory Halt ‘‘when Advisory Committee for its thoughts Activity, a trading halt triggered by a Market-Wide otherwise necessary to maintain a fair and orderly and any comments on the amendment. Circuit Breaker, and a SIP Halt.’’ market or in the public interest.’’ After discussions The UTP Plan Amendment would 9 The ‘‘Primary Listing Market’’ is defined in with SEC Staff, the Participants revised this Section X.A.8 as ‘‘the national securities exchange provision as part of the current Amendment in on which an Eligible Security is listed. If an Eligible order to provide greater detail as to when a 14 SIP Halt Resume Time is defined in Section Security is listed on more than one national Regulatory Halt may be declared. The definitions of X.A.12 as ‘‘the time that the Primary Listing Market securities exchange, Primary Listing Market means SIP Outage, Material SIP Latency, and determines as the end of a SIP Halt.’’ the exchange on which the security has been listed Extraordinary Market Activity appear in Section 15 See Section X.H. the longest.’’ X.A. 16 See id.

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become operational upon approval by C. Manner of Collecting, Processing, public in accordance with the the Commission. Sequencing, Making Available and provisions of 5 U.S.C. 552, will be Disseminating Last Sale Information available for website viewing and D. Development and Implementation printing in the Commission’s Public Phases Not applicable. Reference Room, 100 F Street NE, The amendment proposed herein D. Manner of Consolidation Washington, DC 20549, on official would be implemented to coincide with Not applicable. business days between the hours of amendments filed by the equity 10:00 a.m. and 3:00 p.m. Copies of the exchanges and approved by the E. Standards and Methods Ensuring filing also will be available for website Commission. Promptness, Accuracy and viewing and printing at the principal Completeness of Transaction Reports office of the Plan. All comments E. Analysis of Impact on Competition Not applicable. received will be posted without change; The amendment proposed herein does the Commission does not edit personal F. Rules and Procedures Addressed to not impose any burden on competition identifying information from Fraudulent or Manipulative that is not necessary or appropriate in submissions. You should submit only Dissemination furtherance of the purposes of the Act information that you wish to make because the amendment simply Not applicable. available publicly. All submissions incorporates into the UTP Plan the G. Terms of Access to Transaction should refer to File Number S7–24–89 processes for Regulatory Halts that will Reports and should be submitted on or before be proposed by the equity exchanges. March 22, 2021. Not applicable. The Participants do not believe that the For the Commission, by the Division of proposed amendment introduces terms H. Identification of Marketplace of Trading and Markets, pursuant to delegated that are unreasonably discriminatory for Execution authority.17 the purposes of Section 11A(c)(1)(D) of Not applicable. J. Matthew DeLesDernier, the Act. Assistant Secretary. III. Solicitation of Comments F. Written Understanding or Agreements [FR Doc. 2021–04089 Filed 2–26–21; 8:45 am] Relating to Interpretation of, or The Commission seeks comments on BILLING CODE 8011–01–P Participation in, Plan the Amendment. Interested persons are invited to submit written data, views, Not applicable. and arguments concerning the SECURITIES AND EXCHANGE G. Approval by Sponsors in Accordance foregoing, including whether the COMMISSION With Plan proposed Amendment is consistent with the Act and the rules and regulations [Release No. 34–91191; File No. SR– Section IV(C)(1)(a) of the UTP Plan CboeEDGX–2021–010] thereunder applicable to national requires the Participants to market system plans. Comments may be unanimously approve the amendment Self-Regulatory Organizations; Cboe submitted by any of the following proposed herein. They so approved it. EDGX Exchange, Inc.; Notice of Filing methods: and Immediate Effectiveness of a H. Description of Operation of Facility Electronic Comments Proposed Rule Change To Amend Contemplated by the Proposed • Order Start Times During Its Early Amendment Use the Commission’s internet Trading Session comment form (http://www.sec.gov/ Not applicable. rules/sro.shtml); or February 23, 2021. I. Terms and Conditions of Access • Send an email to rule-comments@ Pursuant to Section 19(b)(1) of the sec.gov. Please include File Number S7– Not applicable. Securities Exchange Act of 1934 24–89 on the subject line. (‘‘Act’’),1 and Rule 19b–4 thereunder,2 J. Method of Determination and Paper Comments notice is hereby given that on February Imposition, and Amount of, Fees and • 11, 2021, Cboe EDGX Exchange, Inc. Charges Send paper comments in triplicate (the ‘‘Exchange’’ or ‘‘EDGX’’) filed with to Secretary, Securities and Exchange Not applicable. the Securities and Exchange Commission, 100 F Street NE, Commission (‘‘Commission’’) the K. Method and Frequency of Processor Washington, DC 20549–1090. proposed rule change as described in Evaluation All submissions should refer to File Items I and II below, which Items have Number S7–24–89. This file number Not applicable. been prepared by the Exchange. The should be included on the subject line Commission is publishing this notice to L. Dispute Resolution if email is used. To help the solicit comments on the proposed rule Commission process and review your change from interested persons. Not applicable. comments more efficiently, please use II. Regulation NMS Rule 601(a) (Solely only one method. The Commission will I. Self-Regulatory Organization’s in Its Application to the Amendment to post all comments on the Commission’s Statement of the Terms of Substance of the UTP Plan) website (http://www.sec.gov/rules/ the Proposed Rule Change sro.shtml). Copies of the submission, all Cboe EDGX Exchange, Inc. (the A. Equity Securities for Which written statements with respect to the ‘‘Exchange’’ or ‘‘EDGX’’) proposes to Transaction Reports Shall Be Required proposed Amendment that are filed amend order start times during its Early by the Plan with the Commission, and all written Trading Session. The text of the Not applicable. communications relating to the proposed Amendment between the 17 B. Reporting Requirements 17 CFR 200.30–3(a)(85). Commission and any person, other than 1 15 U.S.C. 78s(b)(1). Not applicable. those that may be withheld from the 2 17 CFR 240.19b–4.

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proposed rule change is provided in System prior to the Early Trading Minimum Execution Quantity Exhibit 5. Session at 3:30 a.m. ET.7 The Exchange instruction that also include a TIF The text of the proposed rule change intends to launch the new Early Trading instruction of Regular Hours Only, and is also available on the Exchange’s Session extended hours on March 8, all orders with a TIF instruction of IOC website (http://markets.cboe.com/us/ 2021.8 As amended, Rule 11.1 now or FOK. _ options/regulation/rule filings/edgx/), provides that the Exchange will not The proposed rule change allows at the Exchange’s Office of the accept the following orders prior to 4:00 Users to continue to be able to choose Secretary, and at the Commission’s a.m. ET: Orders with a Post Only to submit orders that become eligible for Public Reference Room. instruction, ISOs, Market Orders other execution during the Early Trading than those with a TIF instruction of II. Self-Regulatory Organization’s Session beginning at 7:00 a.m. ET, as Regular Hours Only or a Stop Price, Statement of the Purpose of, and they may today in connection with the orders with a Minimum Execution Statutory Basis for, the Proposed Rule current Early Trading Session hours.10 Quantity instruction that also include a Change As the Exchange’s Early Trading Session TIF instruction of Regular Hours Only, currently begins at 7:00 a.m. ET and In its filing with the Commission, the and all orders with a TIF instruction of other equities exchanges, including the Exchange included statements IOC or FOK. Further, at the Exchange’s affiliated equities concerning the purpose of and basis for commencement of the Early Trading exchanges,11 have early trading sessions the proposed rule change and discussed Session, orders entered between 3:30 that begin at 7:00 a.m. ET,12 the any comments it received on the a.m. and 4:00 a.m. ET will be handled Exchange understands that many market proposed rule change. The text of these in time sequence, beginning with the participants have configured their statements may be examined at the order with the oldest time stamp, and systems for trading beginning at 7:00 places specified in Item IV below. The will be placed on the EDGX Book, a.m. ET and find 7:00 a.m. ET to be a Exchange has prepared summaries, set routed, cancelled, or executed in time at which there are additional forth in sections A, B, and C below, of accordance with the terms of the order. opportunities across the industry to the most significant aspects of such In light of the planned extension of access and source liquidity. For statements. the Early Trading Session, the Exchange example, the Exchange understands that seeks to continue to provide Users with A. Self-Regulatory Organization’s retail brokerage firms generally have the option to submit orders that become Statement of the Purpose of, and standard agreements in place with their eligible for execution during the Early Statutory Basis for, the Proposed Rule retail customers which provide that Trading Session beginning at 7:00 a.m. Change retail customer orders may not become ET. In particular, the proposed rule eligible for execution until a specific 1. Purpose change amends Rule 11.1 to provide time, and is aware of at least one such that at the commencement of the Early The Exchange proposes to amend firm on the Exchange that has standard Trading Session, orders entered between Rule 11.1 to allow Users to designate agreements in place with their retail 3:30 a.m. and 4:00 a.m. ET, will become their orders to become eligible for customers that limit this time to 7:00 eligible for execution (‘‘4:00 a.m. Start’’), execution at 7:00 a.m. Eastern Time a.m. ET. The Exchange also understands unless designated as eligible for (‘‘ET’’) during the new Early Trading that multiple liquidity providers wish to execution during the Early Trading Session extended hours. continue to participate in the Early Session beginning at 7:00 a.m. ET (‘‘7:00 The Exchange currently offers four Trading Session beginning at 7:00 a.m. a.m. Start’’). Orders with a 7:00 a.m. distinct trading sessions where the given the particular liquidity and Start designation may be entered Exchange accepts orders for potential activity present across the U.S. equity between 3:30 a.m. and 7:00 a.m. ET. At execution: (1) The ‘‘Early Trading markets at this specific time.13 Without each Start time that orders may become Session,’’ which begins at 4:00 a.m. ET a 7:00 a.m. Start designation available, 3 eligible for execution in the Early and continues until 8:00 a.m. ET, (2) certain retail investors may be limited in Trading Session (4:00 a.m. or 7:00 a.m. the ‘‘Pre-Opening Session,’’ which their ability to source liquidity that is ET), orders will be handled in time begins at 8:00 a.m. ET and continues available at this time during the 4 sequence, beginning with the order with until 9:30 a.m. ET, (3) ‘‘Regular Trading Exchange’s Early Trading Session, and the oldest time stamp, and will be Hours,’’ which begin at 9:30 a.m. ET and liquidity providers may similarly 5 placed on the EDGX Book, routed, continue until 4:00 p.m. ET, and (4) the choose not to participate in this trading cancelled, or executed in accordance ‘‘Post-Closing Trading Session,’’ which session, thereby reducing liquidity with the terms of the order.9 begins at 4:00 p.m. ET and continues The available to other market participants 6 Exchange will not accept the following until 8:00 p.m. ET. and investors.14 The Exchange recently submitted an orders prior to 4:00 a.m. Eastern Time immediately effective rule filing which or prior to 7:00 a.m. Eastern Time for 10 The Exchange notes that the extended hours are amended the Early Trading Session to orders eligible for a 7:00 a.m. Start: intended to provide market participants with extend its hours from a 7:00 a.m. ET Orders with a Post Only instruction, additional opportunities to source and access start to a 4:00 a.m. ET start, and to allow ISOs, Market Orders other than those liquidity for their orders on the Exchange. See with a TIF instruction of Regular Hours supra note 7. Users to begin entering orders into the 11 The Exchange’s affiliated equities exchange are Only or a Stop Price, orders with a Cboe BZX Exchange, Inc. (‘‘BZX’’), Cboe BYX 3 ‘‘Early Trading Session’’ means the time Exchange, Inc. (‘‘BYX’’), and Cboe EDGA Exchange, between 4:00 a.m. and 8:00 a.m. ET. See Rule 7 See Securities Exchange Act Release No. 90509 Inc. (‘‘EDGA’’). 1.5(ii). (November 24, 2020), 85 FR 77310 (December 1, 12 See e.g., BZX Rule 1.5(ee), BYX Rule 1.5(ee), 4 ‘‘Pre-Opening Session’’ means the time between 2020) (SR–CboeEDGX–2020–056). EDGA Rule 1.5(ii), NYSE Rule 7.34(a)(1), NYSE 8:00 a.m. and 9:30 a.m. ET. See Rule 1.5(s). 8 The Exchange will announce the American Rule 7.34E, and Nasdaq BX Rule 5 ‘‘Regular Trading Hours’’ means the time implementation of the extended Early Trading 4120(b)(4), each of which provide that their between 9:30 a.m. and 4:00 p.m. ET. See Rule Session to Members in advance via Trade Desk respective early trading sessions open at 7:00 a.m. 1.5(y). Notice. ET. 6 ‘‘Post-Closing Trading Session’’ means the time 9 A User will be able to designate orders with a 13 See id. between 4:00 p.m. and 8:00 p.m. ET. See Rule 7:00 a.m. Start through the use of a port setting. See 14 The Exchange is aware are at least one liquidity 1.5(r). also infra note 14. provider that has expressed that it will not

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As such, the proposed rule change is sequence, beginning with the order with 2. Statutory Basis intended to alleviate potential difficulty the oldest time stamp, and will be The Exchange believes the proposed for Users that generally begin placed on the EDGX Book, routed, rule change is consistent with the participating in the markets beginning at cancelled, or executed in accordance Securities Exchange Act of 1934 (the 7:00 a.m. ET, and to facilitate a fair and with the terms of the order, beginning ‘‘Act’’) and the rules and regulations orderly market on the Exchange where at the Start time (either 4:00 a.m. or 7:00 thereunder applicable to the Exchange retail investors and other market a.m. ET) at which they become eligible and, in particular, the requirements of participants can benefit from trading for execution in the Early Trading Section 6(b) of the Act.19 Specifically, 15 opportunities present in the Exchange’s Session. At 7:00 a.m., orders with a the Exchange believes the proposed rule Early Trading Session. As such, the 7:00 a.m. Start designation will simply change is consistent with the Section proposed 7:00 a.m. Start designation be handled as any incoming order is 6(b)(5) 20 requirements that the rules of will provide Users with greater control handled during the Early Trading an exchange be designed to prevent over their orders and more flexibility to Session, and merge, in time sequence, fraudulent and manipulative acts and carry out their investment strategies and onto the already active EDGX Order practices, to promote just and equitable manage their needs based on market Book for the Early Trading Session. A principles of trade, to foster cooperation conditions. In turn, Users may continue User must continue to select the and coordination with persons engaged to provide meaningful liquidity and appropriate TIF to allow the order to in regulating, clearing, settling, benefit from trading opportunities execute in the Early Trading and a port processing information with respect to, present on the Exchange throughout the setting will merely permit a User to and facilitating transactions in duration of the Early Trading Session. designate an order that is already securities, to remove impediments to The Exchange notes that, as proposed, marked for the Early Trading Session to and perfect the mechanism of a free and orders eligible for execution beginning become active later in the Early Trading open market and a national market at 7:00 a.m. ET will function in the same Session. The Exchange notes that the system, and, in general, to protect manner as they currently do today upon proposal does not extend or otherwise investors and the public interest. the 7:00 a.m. ET commencement of the modify any trading hours during which Additionally, the Exchange believes the Early Trading Session (and as they will trading is currently permissible on the proposed rule change is consistent with upon the 4:00 a.m. ET commencement Exchange but simply permits a User to the Section 6(b)(5) 21 requirement that for the extended Early Trading Session activate an order at a specific time the rules of an exchange not be designed hours). That is, Users will submit orders during an ongoing trading session. to permit unfair discrimination between eligible for a 7:00 a.m. ET Start during Additionally, the Exchange notes that customers, issuers, brokers, or dealers. the Early Trading Session in the same permitting Users to designate a 7:00 a.m. In particular, the proposed rule manner as they may currently submit ET Start for which orders may become change to allow Users to submit orders orders eligible for execution during the active during an early trading session that become eligible for execution Early Trading Session, and will that begins at 4:00 a.m. is consistent beginning at 7:00 a.m. ET, once the continue to be able to submit all such with the rules currently in place on Exchange extends its Early Trading orders at the beginning of the early Nasdaq Stock Market LLC (‘‘Nasdaq’’). Session hours to begin at 4:00 a.m. ET, order acceptance period. As orders with Nasdaq’s early trading session currently will remove impediments to and perfect a 7:00 a.m. Start designation will not be begins at 4:00 a.m. and continues until the mechanism of a free and open activated until 7:00 a.m., Users will the 9:30 a.m. commencement of market and national market system and 16 have through 7:00 a.m. to submit such Nasdaq’s regular trading hours. will benefit investors by continuing to orders. The Exchange will continue not Nasdaq Rule 4703(a) allows participants provide Users with the option to to accept the same order types listed in to designate a time at which certain activate their orders for execution 17 Rule 11.1 prior to the commencement of orders may become active and beginning at 7:00 a.m. ET and thus the an order’s eligible start time in the Early includes 7:00 a.m. ET as an available opportunity to continue to source and Trading Session. The proposed rule time at which participants may activate access liquidity at a specific time in change makes it clear that orders with such orders entered prior to 7:00 a.m. which there are additional trading 18 a Post Only instruction, ISOs, Market ET. opportunities in the markets. The Orders other than those with a TIF Exchange does not believe that the 15 instruction of Regular Hours Only or a The System may delay the release of 7:00 a.m. proposed rule change will present any Stop Price, orders with a Minimum Start orders if the System is experiencing an unusually significant amount of orders with a 7:00 unique or novel issues nor affect the Execution Quantity instruction that also a.m. Start designation that would potentially impact maintenance of a fair and orderly include a TIF instruction of Regular other System performance and processing functions market, as many market participants Hours Only, and all orders with a TIF during the Early Trading Session. The Exchange does not anticipate an occasion in which the have configured their systems for instruction of IOC or FOK will continue System would have to implement a delayed release trading beginning at 7:00 a.m. ET in line to be rejected prior to an order’s eligible for orders with a 7:00 a.m. Start during the Early with the commencement of the early start time in the Early Trading Session, Trading Session. As the System does not have trading sessions on other equities as they are today. Additionally, the unlimited capacity, the proposed System flexibility to delay the release of orders with a 7:00 a.m. Start exchanges, including the Exchange’s System will continue to handle all designation is a reasonable preventative measure to affiliated equities exchanges.22 Rather, orders eligible for execution during the ensure that the System has the capacity to maintain the proposed rule change is designed to Early Trading Session, including those fair and orderly markets in the event that there is benefit investors, as well as overall with a 7:00 a.m. Start designation, an unusually significant amount of orders queued for 7:00 a.m. ET activation. liquidity in the Early Trading Session, pursuant to Rule 11.1. In particular, the 16 See Nasdaq Rule 4701(g). by providing Users with the option to proposed rule language makes it clear 17 Orders using the SCAN or RTFY routing continue to activate their orders for that all orders eligible for execution strategy available on Nasdaq. execution during the Early Trading during the Early Trading Session will 18 The Exchange notes that the designation for orders to become active at 7:00 a.m. ET on Nasdaq continue to be handled in time 19 is similarly a port level setting. See Securities 15 U.S.C. 78f(b). Exchange Act Release No. 83125 (April 27, 2018), 20 15 U.S.C. 78f(b)(5). participate in the Early Trading Session without a 83 FR 19586 (May 3, 2018) (SR–NASDAQ–2017– 21 Id. 7 a.m. Start feature. 088). 22 See supra note 12.

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Session beginning at 7:00 a.m. ET when the order to execute in the Early Trading improvement, the likelihood of execution the Exchange extends its Early Trading Session and a port setting step will just . . ., the speed of execution and the trading Session hours. As described above, permit an order already marked for characteristics of the security, together with certain market participants, such as execution in the Early Trading Session other non-price factors such as reliability and service.26 retail investors and liquidity providers, to become active later in the Early may be limited in their ability to source Trading Session. The proposed rule To the extent there may be best liquidity that is available in the change does not extend or otherwise execution obligations at issue, they are Exchange’s Early Trading Session or modify any trading hours during which no different than the best execution choose not to participate in the Early trading is currently permissible on the obligations faced by brokers in the Trading Session without the availability Exchange but simply permits Users to current market structure, including the of a 7:00 a.m. Start designation, thereby choose to activate their orders at a current use of orders that become reducing liquidity available to other specific time during an ongoing trading eligible for execution at the start of the market participants and investors. Thus, session. Early Trading Session, Pre-Opening the proposed rule change will alleviate The Exchange also notes that, as with Session or Regular Trading Hours, potential difficulties for Users that any order eligible for trading in the depending on the TIF selected by the generally begin participating in in the Early Trading Session, market User. A User may use continue to use markets at 7:00 a.m. ET (as these Users participants must monitor market TIF instructions to forgo a possible would not have to time the entry of their conditions to ensure compliance with execution at the start of one trading orders to occur as close to 7:00 a.m. ET best execution obligations 24 for their session, or at a 7 a.m. Start time, as as possible), and will facilitate a fair and orders with a 7:00 a.m. Start designation proposed, if they believe doing so is orderly market on the Exchange by and will be able to cancel or modify consistent with their best execution allowing retail investors and other their orders with a 7:00 a.m. Start time obligations as they anticipate that the market participants to benefit from designation at any time prior to their market for the security may improve trading opportunities present at this activation, thus allowing them to react upon the start of another trading specific time during the Exchange’s to market conditions that may cause session, or at 7:00 a.m. ET, as proposed. Early Trading Session. Overall, the them to violate their best execution Applicable best execution guidance proposed rule change will serve to obligations. FINRA Rule 5310(a)(1) contains no formulaic mandate as to protect investors and the public interest provides that a member must use whether or how brokers should direct by providing Users with greater control reasonable diligence to ascertain the orders. The optionality created by the over their orders and more flexibility to best market for a security and buy or sell proposed rule change simply represents carry out their investment strategies and in such market so that the resultant one tool available to User to meet their manage their needs based on market price to the customer is as favorable as best execution obligations. conditions, thereby allowing them to possible under prevailing market The Exchange also notes that Users continue to provide meaningful conditions. FINRA Rule 5310(a)(1)(A) are required to implement regulatory liquidity and benefit from trading states that one of the factors that will be risk management controls and opportunities present on the Exchange considered in determining whether a procedures that are reasonably designed throughout the duration of the Early member has used ‘‘reasonable to prevent the entry of orders that fail Trading Session. diligence’’ is ‘‘the character of the to comply with regulatory requirements The proposed rule change will not market for the security (e.g., price, that apply on a pre-order entry basis affect the protection of investors as it volatility, relative liquidity, and pursuant to the Market Access Rule would simply provide Users with the pressure on available under 15c3–5of the Act.27 These pre- opportunity to choose whether orders communication).’’ 25 The Exchange trade controls must, for example, be entered for potential execution in the believes that Users are accustomed to reasonably designed to assure Early Trading Session will become this additional analysis and will compliance with Exchange trading rules active at the new 4:00 a.m. ET continue to apply such in determining and Commission rules under Regulation commencement of that trading session, whether to designate an activation at SHO 28 and Regulation NMS.29 In or will instead continue to become 7:00 a.m. ET. The regulatory guidance accordance with the Market Access active at 7:00 a.m. ET, as they do today. with respect to best execution Rule, a User’s procedures must be The System will continue to accept all anticipates the continued evolution of reasonably designed to ensure orders eligible for execution during the execution venues: compliance with their applicable Early Trading Session beginning at the [B]est execution is a facts and regulatory requirements, not just at the early acceptance time, will continue to circumstances determination. A broker- time the order is routed to the Exchange, reject the same list of order types prior dealer must consider several factors affecting but also at the time the order becomes to the time an order is eligible to start the quality of execution, including, for eligible for execution. trading in the Early Trading Session, example, the opportunity for price In addition to this, the proposed rule and will continue to process all orders change will not affect the protection of that are queued for participation in the 24 A member’s best execution obligation may also investors as it is generally consistent Early Trading Session in time priority include cancelling an order when market conditions deteriorate and could result in an 23 26 pursuant to Rule 11.1. That is, orders inferior execution or informing customers where See Securities Exchange Act Release No. 43950 with a 7:00 a.m. Start designation will the execution of their order may be delayed (November 17, 2000), 65 FR 75414 (December 1, be handled as any incoming order is intentionally as the member utilizes reasonable 2000) (‘‘Disclosure of Order Execution and Routing diligence to ascertain the best market for the Practices release’’). handled during the Early Trading security. See FINRA Rule 5130. See also FINRA 27 See Securities Exchange Act Release No. 63241 Session, and merge, in time sequence, Regulatory Notice 15–46, Best Execution. Guidance (November 3, 2010), 75 FR 69792 (November 15, onto the already active EDGX Order on Best Execution Obligations in Equity, Options, 2010) (File no. S7–03–10). Book for the Early Trading Session. As and Fixed Income Markets, (November 2015). 28 See e.g., Question 2.6 of the Division of Trading described above, a User must continue 25 These characteristics are reflected in the and Markets: Response to Frequently Asked disclosure requirements mandated by Exchange Questions Concerning Regulations SHO, available to select the appropriate TIF to allow Rule 3.21 before a Member may accept an order at https://www.sec.gov/divisions/marketreg/ from a customer for execution in the Pre-Opening, mrfaqregsho1204.htm. 23 See also supra note 15. Post-Closing, and proposed Early Trading Sessions. 29 17 CFR 240.610–611.

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with Nasdaq Rule 4703(a), as previously C. Self-Regulatory Organization’s execution at 7:00 a.m. ET, as they approved by the Commission,30 which Statement on Comments on the already do today, once the Exchange allows participants to designate 7:00 Proposed Rule Change Received From extends its Early Trading Session hours a.m. ET as a time in which certain Members, Participants, or Others to begin at 4:00 a.m. ET. Based on the orders entered prior to 7:00 a.m. ET may The Exchange neither solicited nor foregoing, the Commission believes that become active during Nasdaq’s early received comments on the proposed allowing this proposed rule change to trading session, which likewise rule change. become operative upon filing is commences at 4:00 a.m. ET. Unlike consistent with the protection of III. Date of Effectiveness of the investors and the public interest. The Nasdaq Rule 4703(a), which limits the Proposed Rule Change and Timing for types of orders that may be designated Commission hereby waives the 30-day Commission Action operative delay and designates the to begin at 7:00 a.m. ET, the proposal 37 will provide Users with the control and The Exchange has filed the proposed proposal operative upon filing. At any time within 60 days of the flexibility to designate a 7 a.m. Start rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 31 and Rule filing of the proposed rule change, the time for any of their same orders 19b–4(f)(6) thereunder.32 Because the Commission summarily may currently eligible to execute in the Early proposed rule change does not: (i) temporarily suspend such rule change if Trading Session, thereby providing the Significantly affect the protection of it appears to the Commission that such opportunity for all orders eligible for the investors or the public interest; (ii) action is necessary or appropriate in the Early Trading Session to access the impose any significant burden on public interest, for the protection of additional liquidity and execution competition; and (iii) become operative investors, or otherwise in furtherance of opportunities present in the markets at for 30 days from the date on which it the purposes of the Act. If the this particular time, as they may today. was filed, or such shorter time as the Commission takes such action, the B. Self-Regulatory Organization’s Commission may designate, if Commission shall institute proceedings consistent with the protection of Statement on Burden on Competition to determine whether the proposed rule investors and the public interest, the change should be approved or The Exchange does not believe that proposed rule change has become disapproved. the proposed rule change will impose effective pursuant to Section 19(b)(3)(A) 33 IV. Solicitation of Comments any burden on competition that is not of the Act and Rule 19b–4(f)(6) 34 necessary or appropriate in furtherance thereunder. Interested persons are invited to A proposed rule change filed under of the purposes of the Act. Particularly, submit written data, views, and Rule 19b–4(f)(6) 35 normally does not arguments concerning the foregoing, the Exchange does not believe that the become operative prior to 30 days after including whether the proposed rule proposed rule change will impose any the date of the filing. However, pursuant change is consistent with the Act. burden on intramarket competition that to Rule 19b–4(f)(6)(iii),36 the Comments may be submitted by any of is not necessary or appropriate in Commission may designate a shorter the following methods: furtherance of the purposes of the Act time if such action is consistent with the because all Users will be able to protection of investors and the public Electronic Comments designate their orders to become eligible interest. The Exchange has asked the • Use the Commission’s internet for execution during the Early Trading Commission to waive the 30-day comment form (http://www.sec.gov/ Session beginning at 7:00 a.m. ET. All operative delay so that the proposed rules/sro.shtml); or Users’ orders submitted with a 7:00 a.m. rule change may become operative • Send an email to rule-comments@ Start designation will become eligible immediately. This will allow the sec.gov. Please include File Number SR– for execution at 7:00 a.m. ET in the Exchange to implement the proposal at CboeEDGX–2021–010 on the subject same time sequence as they are today the same time as the Exchange’s new line. extended Early Trading Session hours, and will be subject to the same order Paper Comments type restrictions as are currently in which the Exchange plans to launch on • place. The Exchange also does not March 8, 2021. In seeking this waiver, Send paper comments in triplicate believe that the proposed rule change the Exchange asserts that this proposal to Secretary, Securities and Exchange will impose any burden on intermarket neither introduces any new or novel Commission, 100 F Street NE, issues nor extends or otherwise competition that is not necessary or Washington, DC 20549–1090. modifies trading hours during which appropriate in furtherance of the All submissions should refer to File trading is currently permissible on the purposes of the Act, and may promote Number SR–CboeEDGX–2021–010. This Exchange. Rather, the Exchange states file number should be included on the competition, because the proposed that this proposal will allow market activation time is substantially similar subject line if email is used. To help the participants and investors to continue to Commission process and review your to that which is currently in place on submit orders that become eligible for Nasdaq, as previously approved by the comments more efficiently, please use only one method. The Commission will Commission, and other equities 31 15 U.S.C. 78s(b)(3)(A)(iii). post all comments on the Commission’s exchanges currently begin their early 32 17 CFR 240.19b–4(f)(6). internet website (http://www.sec.gov/ trading sessions at 7:00 a.m. ET. 33 15 U.S.C. 78s(b)(3)(A). 34 rules/sro.shtml). Copies of the Therefore, the proposal will also allow 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 4(f)(6)(iii) requires the Exchange to give the submission, all subsequent the Exchange to compete with those Commission written notice of the Exchange’s intent amendments, all written statements exchanges that allow for a 7:00 a.m. ET to file the proposed rule change, along with a brief with respect to the proposed rule start time. description and text of the proposed rule change, at least five business days prior to the date of filing change that are filed with the of the proposed rule change, or such shorter time as designated by the Commission. The Exchange 37 For purposes only of waiving the 30-day has satisfied this requirement. operative delay, the Commission has considered the 35 17 CFR 240.19b–4(f)(6). proposed rule’s impact on efficiency, competition, 30 See supra note 16. 36 17 CFR 240.19b–4(f)(6)(iii). and capital formation. See 15 U.S.C. 78c(f).

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Commission, and all written Exchange Act,4 subject to certain (Arbitration); 19 and Chapter 15 communications relating to the limitations, authorizes the Commission (Hearings and Review) 20 (the ‘‘Cboe proposed rule change between the to conditionally or unconditionally Incorporated Rules’’). Commission and any person, other than exempt any person, security, or The Commission notes it previously those that may be withheld from the transaction, or any class thereof, from granted C2 an exemption from the rule public in accordance with the any provision of the Exchange Act or filing requirements of Section 19(b) of provisions of 5 U.S.C. 552, will be rule thereunder, if necessary or the Act for the rules of the Cboe set forth available for website viewing and appropriate in the public interest and in the C2 rules referenced above.21 printing in the Commission’s Public consistent with the protection of Since that time, the Cboe has Reference Room, 100 F Street NE, investors. renumbered and relocated the Washington, DC 20549 on official The Exchange filed a proposed rule previously incorporated rules within its business days between the hours of change 5 under Section 19(b) of the rulebook. As a result, C2 has submitted 10:00 a.m. and 3:00 p.m. Copies of the Exchange Act to update various C2 this exemptive request to reflect rule filing also will be available for Rules and Chapters to reflect changes to number changes in the Cboe Options inspection and copying at the principal the Cboe Options rulebook. Namely, in rulebook. Specifically, the Exchange is offices of the Exchange. All comments the proposed rule change, the Exchange now requesting, pursuant to Rule 0–12 received will be posted without change. proposed to incorporate by reference under the Exchange Act,22 that the Persons submitting comments are rule changes made to each Cboe Options Commission grant an exemption from cautioned that we do not redact or edit rule cross-referenced in the following the rule filing requirements of Section personal identifying information from C2 chapters or sections: Chapter 3, 19(b) of the Exchange Act for changes to comment submissions. You should Section B (TPH Registration); 6 Chapter the Chapters 3–7 and 9–15 of the submit only information that you wish 4, Section A (Equity and ETP Options); 7 Exchange’s rules that are effected solely to make available publicly. All Chapter 4, Section B (Index Options); 8 by virtue of a change to a Cboe submissions should refer to File Chapter 5 (Business Conduct); 9 Chapter Incorporated Rule. The Exchange Number SR–CboeEDGX–2021–010, and 6, Section E (Intermarket Linkage); 10 requests that it be permitted to should be submitted on or before March Chapter 6, Section F (Exercises and incorporate by reference changes made 22, 2021. Deliveries); 11 Chapter 7, Section A; 12 to the Cboe Incorporated Rules without Chapter 7, Section B; 13 Chapter 9 the need for the Exchange to file For the Commission, by the Division of 14 separately the same proposed rule Trading and Markets, pursuant to delegated (Doing Business with the Public); 15 change pursuant to Section 19(b) of the authority.38 Chapter 10 (Margin Requirements); 16 Exchange Act.23 J. Matthew DeLesDernier, Chapter 1 (Net Capital Requirements); 17 The Exchange represents that the Assistant Secretary. Chapter 12 (Summary Suspension); Chapter 13 (Discipline); 18 Chapter 14 Cboe Incorporated Rules are not trading [FR Doc. 2021–04090 Filed 2–26–21; 8:45 am] rules.24 Moreover, the Exchange states BILLING CODE 8011–01–P 4 15 U.S.C. 78mm(a)(1). that it proposes to incorporate by 5 See Securities Exchange Act Release No. 87646 reference a category of rules (rather than (December 2, 2019), 84 FR 66938 (December 6, individual rules within a category).25 SECURITIES AND EXCHANGE 2019) (SR–C2–2019–025). The Exchange also represents that, as a COMMISSION 6 Incorporates by reference Cboe Options Chapter condition of this exemption, the 3, Section B. Exchange will provide written notice to [Release No. 34–91193] 7 Incorporates by reference Cboe Options Chapter 4, Section A. its applicants and members whenever Order Granting Application by Cboe C2 8 Incorporates by reference Cboe Options Chapter Cboe proposes a change to a Cboe Exchange, Inc. for Exemption Pursuant 4, Section B. Incorporated Rule.26 to Section 36(a) of the Exchange Act 9 Incorporates by reference Cboe Options Chapter According to the Exchange, this From the Rule Filing Requirements of 8. exemption is necessary and appropriate 10 Incorporates by reference Cboe Options to maintain consistency between C2 Section 19(b) of the Exchange Act With Chapter 5, Section E. Respect to Certain Rules Incorporated 11 Incorporates by reference Cboe Options rules and the Cboe Incorporated Rules, by Reference Chapter 6, Section B. thus helping to ensure identical 12 Incorporates by reference Cboe Options regulation of C2 Permit Holders that are February 23, 2021. Chapter 7, Section A. also Cboe Trading Permit Holders with Cboe C2 Exchange, Inc. (‘‘C2’’ or the 13 Incorporates by reference Cboe Options respect to the incorporated provisions as ‘‘Exchange’’) has filed with the Chapter 7, Section B. 14 Incorporates by reference Cboe Options Securities and Exchange Commission 19 Chapter 9. See also Securities Exchange Act Release Incorporates by reference Cboe Options (the ‘‘Commission’’) an application for No. 87646 (December 2, 2019), 84 FR 66938 Chapter 14. an exemption under Section 36(a)(1) of (December 6, 2019) (SR–C2–2019–025), which 20 Incorporates by reference Cboe Options the Securities Exchange Act of 1934 relocated former Rule 3.19 to Rule 9.20 in order to Chapter 15. 21 (‘‘Exchange Act’’) 1 from the rule filing include Cboe Options Rule 9.20 in C2 Chapter 9’s See Securities Exchange Act Release Nos. incorporation of Cboe Options Chapter 9 by 61152 (December 10, 2009), 74 FR 66699 (December requirements of Section 19(b) of the reference, as former Rule 3.19 is identical to Cboe 16, 2009); and 80339 (March 29, 2017), 82 FR 16442 Exchange Act 2 with respect to certain Options Rule 9.20 and it is within the same (April 4, 2017). rules of Cboe Exchange, Inc. (‘‘Cboe’’) category of exchange rules otherwise incorporated 22 17 CFR 240.0–12. that the Exchange seeks to incorporate into C2 Chapter 9 by reference to Cboe Options 23 See Exemptive Request, supra note 3. Chapter 9 (i.e., rule related to doing business with 24 by reference.3 Section 36(a)(1) of the Id. the public). 25 Id. 15 Incorporates by reference Cboe Options 26 The Exchange states that it will provide such 38 17 CFR 200.30–3(a)(12). Chapter 10. notice via a posting on the same website location 1 15 U.S.C. 78mm(a)(1). 16 Incorporates by reference Cboe Options where the Exchange posts its own rule filings 2 15 U.S.C. 78s(b). Chapter 11. pursuant to Rule 19b–4(l) within the timeframe 3 See letter from Rebecca Tenuta, Counsel, Cboe 17 Incorporates by reference Cboe Options required by such Rule. In addition, the Exchange C2 Exchange, Inc. to Vanessa Countryman, Chapter 12. states that the website posting will include a link Secretary, Commission, dated February 9, 2021 18 Incorporates by reference Cboe Options to the location on Cboe’s website where the (‘‘Exemptive Request’’). Chapter 13. applicable proposed rule change is posted. Id.

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well as helping to ensure that C2-only conditions. Further, the Commission American’’ or the ‘‘Exchange’’) filed Permit Holders are subject to consistent also believes that granting the Exchange with the Securities and Exchange regulation as Cboe Trading Permit an exemption from the rule filing Commission (the ‘‘Commission’’) the Holders.27 The Exchange believes that, requirements under Section 19(b) of the proposed rule change as described in without such an exemption, such Permit Exchange Act will promote efficient use Items I, II, and III below, which Items Holders could be subject to two of the Commission’s and the Exchange’s have been prepared by the self- different standards.28 resources by avoiding duplicative rule regulatory organization. The The Commission has issued filings based on simultaneous changes Commission is publishing this notice to exemptions similar to the Exchange’s to identical rule text sought by more solicit comments on the proposed rule request.29 In granting similar than one SRO. The Commission change from interested persons. exemptions, the Commission stated that therefore finds it appropriate in the I. Self-Regulatory Organization’s it would consider future exemption public interest and consistent with the Statement of the Terms of Substance of requests, provided that: protection of investors to exempt the the Proposed Rule Change • A self-regulatory organization Exchange from the rule filing (‘‘SRO’’) wishing to incorporate rules of requirements under Section 19(b) of the The Exchange proposes to amend the another SRO by reference has submitted Exchange Act with respect to the above- NYSE American Options Fee Schedule a written request for an order exempting described rules it incorporates by (‘‘Fee Schedule’’) to introduce pricing it from the requirement in Section 19(b) reference. This exemption is for the use of a new AON functionality of the Exchange Act to file proposed conditioned upon the Exchange in Single-Leg and Complex Customer rule changes relating to the rules promptly providing written notice to its Best Execution (‘‘CUBE’’) auctions. The incorporated by reference, has identified applicants and members whenever Cboe Exchange proposes to implement the fee the applicable originating SRO(s), changes a Cboe Incorporated Rule. change effective February 16, 2021.4 together with the rules it wants to Accordingly, it is ordered, pursuant to The proposed change is available on the incorporate by reference, and otherwise Section 36 of the Exchange Act,32 that Exchange’s website at www.nyse.com, at has complied with the procedural the Exchange is exempt from the rule the principal office of the Exchange, and requirements set forth in the filing requirements of Section 19(b) of at the Commission’s Public Reference Commission’s release governing the Exchange Act solely with respect to Room. procedures for requesting exemptive changes to the rules identified in the II. Self-Regulatory Organization’s orders pursuant to Rule 0–12 under the Exemptive Request, provided that the Statement of the Purpose of, and Exchange Act; 30 Exchange promptly provides written • Statutory Basis for, the Proposed Rule The incorporating SRO has notice to its applicants and members Change requested incorporation of categories of whenever Cboe proposes to change a rules (rather than individual rules Cboe Incorporated Rule. In its filing with the Commission, the within a category) that are not trading self-regulatory organization included For the Commission, by the Division of rules (e.g., the SRO has requested statements concerning the purpose of, Trading and Markets, pursuant to delegated and basis for, the proposed rule change incorporation of rules such as margin, authority.33 and discussed any comments it received suitability, or arbitration); and J. Matthew DeLesDernier, • The incorporating SRO has on the proposed rule change. The text Assistant Secretary. reasonable procedures in place to of those statements may be examined at provide written notice to its members [FR Doc. 2021–04092 Filed 2–26–21; 8:45 am] the places specified in Item IV below. each time a change is proposed to the BILLING CODE 8011–01–P The Exchange has prepared summaries, incorporated rules of another SRO.31 set forth in sections A, B, and C below, The Commission believes that the of the most significant parts of such SECURITIES AND EXCHANGE Exchange has satisfied each of these statements. COMMISSION A. Self-Regulatory Organization’s 27 See Exemptive Request, supra note 3. [Release No. 34–91180; File No. SR– Statement of the Purpose of, and the 28 See id. NYSEAMER–2021–11] 29 See, e.g., Securities Exchange Act Release Nos. Statutory Basis for, the Proposed Rule 86896 (September 6, 2019), 84 FR 48186 (September Self-Regulatory Organizations; NYSE Change 12, 2019) (order granting exemptive request from American LLC; Notice of Filing and Nasdaq BX, Inc. relating to rules of The Nasdaq 1. Purpose Stock Market LLC incorporated by reference) Immediate Effectiveness of Proposed Change Amending the NYSE American The purpose of this filing is to modify (‘‘Nasdaq BX Order’’); 86422 (July 22, 2019), 84 FR the Fee Schedule to introduce pricing 36151 (July 26, 2019) (order granting exemptive Options Fee Schedule To Introduce request from Nasdaq BX, Inc., Nasdaq GEMX, LLC, Pricing for the Use of a New AON for the Exchange’s newly approved Nasdaq ISE, LLC, Nasdaq MRX, LLC, and Nasdaq Functionality in Single-Leg and optional all-or-none (‘‘AON’’) Phlx LLC relating to rules of The Nasdaq Stock functionality for larger-sized orders in Market LLC incorporated by reference); 80338 Complex Customer Best Execution (March 29, 2017), 82 FR 16464 (April 4, 2017) Single-Leg and Complex CUBE auctions Auctions 5 (order granting exemptive request from MIAX (together, ‘‘AON CUBE’’). The PEARL, LLC relating to rules of Miami International February 22, 2021. Securities Exchange, LLC incorporated by Pursuant to Section 19(b)(1) 1 of the 4 On January 27, 2021, the Exchange filed to reference); and 72650 (July 22, 2014), 79 FR 44075 Securities Exchange Act of 1934 (the implement the AON functionality for Complex (July 29, 2014) (order granting exemptive requests CUBE auctions, which functionality was operative 2 3 from NASDAQ OMX BX, Inc. and the NASDAQ ‘‘Act’’) and Rule 19b–4 thereunder, on an immediately effective basis retroactive to the Stock Market LLC relating to rules of NASDAQ notice is hereby given that, on February date of filing given the waiver of the 30-day OMX PHLX LLC incorporated by reference). 16, 2021, NYSE American LLC (‘‘NYSE operative delay, as well as to make clarifications to 30 See 17 CFR 240.0–12 and Securities Exchange the AON functionality for Single-Leg CUBE Act Release No. 39624 (February 5, 1998), 63 FR auctions. See Securities Exchange Release No. 32 8101 (February 18, 1998) (‘‘Commission Procedures 15 U.S.C. 78mm. 91068 (February 5, 2021), 86 FR 9112 (February 11, for Filing Applications for Orders for Exemptive 33 17 CFR 200.30–3(a)(76). 2021) (NYSEAMER–2021–06). Relief Pursuant to Section 36 of the Exchange Act; 1 15 U.S.C. 78s(b)(1). 5 See Securities Exchange Release Nos. 90584 Final Rule’’). 2 15 U.S.C. 78a. (December 7, 2020), 85 FR 80196 (December 11, 31 See Nasdaq BX Order, supra note 29. 3 17 CFR 240.19b–4. Continued

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Exchange proposes to introduce the including when the AON Contra Order order flow to the Exchange, all market pricing on February 16, 2021. is replaced entirely by RFR Responses. participants stand to benefit from The Exchange proposes to define As proposed, the Initiating Participant increased order flow, which promotes ‘‘AON CUBE Order’’ as a ‘‘Single-Leg Credit for AON CUBE Orders would be market depth, facilitates tighter spreads CUBE Order of at least 500 contracts or $0.30 per contract in Penny issues and and enhances price discovery. a Complex CUBE Order of at least 500 $0.70 per contract in non-Penny issues. 2. Statutory Basis contracts on the smallest leg, that is The Exchange also proposes an ACE designated AON per Rule 971.1NY Initiating Participant Rebate payable to The Exchange believes that the Commentary .05 and Rule 971.2NY Initiating Participants that are ATP proposed rule change is consistent with Commentary .04, respectively.’’ 6 Holders who qualify for Tiers 1, 2, 3, 4 Section 6(b) of the Act,11 in general, and Similarly, the Exchange proposes to or 5 of the ACE Program. The proposed furthers the objectives of Sections define an AON Contra Order as $0.12 per contract rebate would be paid 6(b)(4) and (5) of the Act,12 in particular, ‘‘principal interest or solicited interest to a qualifying Initiating Participant in because it provides for the equitable an Initiating Participant is using to an AON Single-Leg CUBE Auction for allocation of reasonable dues, fees, and guarantee the execution of an AON each of the first 5,000 contracts of an other charges among its members, CUBE Order in a Single-Leg or Complex AON CUBE Order executed and/or to a issuers and other persons using its CUBE Auction.’’ 7 qualifying Initiating Participant in an facilities and does not unfairly Section I.G. of the Fee Schedule sets AON Complex CUBE Auction for each discriminate between customers, forth the rates for per contract fees and of the first 1,000 contracts per leg of an issuers, brokers or dealers. credits for executions associated with AON CUBE Order executed. The Proposed Rule Change Is CUBE Auctions. The Exchange proposes The Exchange also proposes a Floor Reasonable to include an additional table of fees Broker Initiating Participant Rebate of The Exchange operates in a highly and credits under Section I.G. to apply $0.12 per contract payable to Floor competitive market. The Commission to certain contracts executed in AON Brokers that execute a minimum of has repeatedly expressed its preference CUBE Auctions, whether Single-Leg or 2,500 contracts average daily volume for competition over regulatory Complex.8 (‘‘ADV’’) in AON CUBE Orders in either intervention in determining prices, The process for commencing an AON an AON Single-Leg or AON Complex products, and services in the securities CUBE auction mirrors that of non-AON 9 CUBE auction. As with the ACE markets. In Regulation NMS, the CUBE auctions. In particular, the AON Initiating Participant Rebate, the Floor Commission highlighted the importance CUBE auction process begins with the Broker Initiating Participant Rebate is of market forces in determining prices entry of an AON CUBE Order and a paid to a qualifying Initiating and SRO revenues and, also, recognized paired AON Contra Order. As with non- Participant for each contract in an AON that current regulation of the market AON CUBE auctions, the Exchange CUBE Order and applies to each of the system ‘‘has been remarkably successful similarly proposes to not charge for first 5,000 contracts of an AON CUBE in promoting market competition in its AON CUBE Order executions on behalf Order executed in an AON Single-Leg broader forms that are most important to of a Customer or for Customer CUBE Auction, or to the first 1,000 investors and listed companies.’’ 13 executions against AON CUBE Orders contracts per leg of an AON CUBE Order There are currently 16 registered (i.e., Customer Request for Responses in an AON Complex CUBE Auction. options exchanges competing for order (‘‘RFR’’) to an AON CUBE Order). The The Exchange’s fees are constrained flow. Based on publicly-available Exchange proposes to charge $0.20 per by intermarket competition, as ATP information, and excluding index-based contract for non-Customer executions of Holders may direct their order flow to options, no single exchange has more AON CUBE Orders and Customer and any of the 16 options exchanges, than 16% of the market share of non-Customer AON Contra Orders alike. including those with similar auction executed volume of multiply-listed As with non-AON CUBE Auctions, functionalities and corresponding equity and ETF options trades.14 the Exchange proposes to charge 10 fees. Thus, ATP Holders have a choice Therefore, currently no exchange executions of non-Customer RFR of where they direct their order flow, possesses significant pricing power in Responses to an AON CUBE Auction including electronic auction volume. the execution of multiply-listed equity $0.50 per contract in Penny issues and To the extent that the proposed fees and ETF options order flow. More $1.05 per contract executed in non- and credits relating to the use of the specifically, in November 2020, the Penny issues. AON CUBE auction functionality Exchange had less than 10% market The Exchange proposes an Initiating encourage ATP Holders to direct their share of executed volume of multiply- Participant Credit for each contract in listed equity and ETF options trades.15 an AON Contra Order that does not 9 AON CUBE Orders executed by a Floor Broker trade with the AON CUBE Order on behalf of an ATP Holder may only be counted 11 15 U.S.C. 78f(b). because it is replaced in the auction, towards the Floor Broker’s eligibility for the Floor Broker Initiating Participant Rebate. An ATP 12 15 U.S.C. 78f(b)(4) and (5). Holder’s AON CUBE Orders that are executed by a 13 See Securities Exchange Act Release No. 51808 2020) (NYSEAMER–2020–64) (approving AON Floor Broker are not eligible for the ACE Initiating (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005) functionality for Single-Leg CUBE auction); 91068 Participant Rebate. (S7–10–04) (‘‘Reg NMS Adopting Release’’). (February 5, 2021), 86 FR 9112 (February 11, 2021) 10 See, e.g., Nasdaq ISE LLC (‘‘Nasdaq ISE’’), 14 The OCC publishes options and futures volume (NYSEAMER–2021–06) (approving AON Options 7, Pricing Schedule, available here: https:// in a variety of formats, including daily and monthly functionality for Complex CUBE auction). listingcenter.nasdaq.com/rulebook/ise/rules/ise- volume by exchange, available here: https:// 6 See proposed Fee Schedule, Key Terms and options-7 (setting forth pricing for Solicited Order www.theocc.com/Market-Data/Market-Data- Definitions. See generally Rules 971.1NY (regarding Mechanism and Complex Solicited Order Reports/Volume-and-Open-Interest/Monthly- Single-Leg CUBE auctions) and 971.2NY (regarding Mechanism); Cboe EDGX Exchange, Inc. (‘‘Cboe Weekly-Volume-Statistics. Complex CUBE auctions). EDGX’’) fee schedule, available here: https:// 15 Based on a compilation of OCC data for 7 See proposed Fee Schedule, Key Terms and www.cboe.com/us/options/membership/fee_ monthly volume of equity-based options and Definitions. schedule/edgx/(setting forth pricing for Solicitation monthly volume of ETF-based options, see id., the 8 See proposed Fee Schedule, Section I.G., CUBE Auction Mechanism (‘‘SAM’’). See Statutory Basis Exchange’s market share in multiply-listed equity Auction Fees & Credits (setting forth applicable fees below in ‘‘The Proposed Rule Change is and ETF options increased from 8.06% for the and credits for AON Single-Leg and AON Complex Reasonable’’ section for discussion in greater detail, month of November 2019 to 9.09% for the month CUBE Auctions). including infra notes 15 [sic] and 16. of November 2020.

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The Exchange believes that the ever- The Exchange also believes that it is The Proposed Rule Change Is an shifting market share among the reasonable for AON CUBE Orders and Equitable Allocation of Fees and exchanges from month to month AON Contra Orders to be assessed lower Rebates demonstrates that market participants fees than those providing RFR The Exchange believes the proposed can shift order flow, or discontinue or Responses, as structuring fees in this rule change is an equitable allocation of reduce use of certain categories of manner would incent market its fees and credits. The proposal is products, in response to fee changes. participants to direct orders to initiate based on the amount and type of Accordingly, competitive forces AON CUBE Auctions (rather than business transacted on the Exchange, constrain options exchange transaction simply respond to them). Further, the and ATP Holders can opt to avail fees. Stated otherwise, changes to Exchange believes that the proposed themselves of the auction mechanism or exchange transaction fees and rebates fees for responding to AON CUBE not. To the extent that the proposed can have a direct effect on the ability of Auctions would not deter market change attracts more auction executions an exchange to compete for order flow, participants from providing price to the Exchange, this increased order including auction volume. improvement, as they are consistent flow would make the Exchange a more The proposed rule change is designed with fees for responding to a non-AON competitive venue for order execution. to incent ATP Holders to direct liquidity CUBE auction—whether Single-Leg or Thus, the Exchange believes the to the Exchange in AON CUBE Auction Complex—and are also consistent with proposed fees and credits would executions, similar to other exchange fees charged to responders on options improve market quality for all market programs with competitive pricing exchanges offering similar auction participants on the Exchange and, as a programs, thereby promoting market mechanisms. consequence, attract more order flow to depth, price discovery and the Exchange thereby improving market- improvement and enhancing order The Exchange also believes that the wide quality and price discovery. execution opportunities for market qualification bases to achieve the ACE The Exchange also believes that the participants. Specifically, the Exchange Initiating Participant Rebate are proposed fees and credits are equitable believes that the proposed fee structure reasonably designed to encourage ATP because they would apply equally for AON CUBE Orders is reasonably Holders to utilize the optional AON among Customers and would also apply designed to incent ATP Holders to CUBE functionality, which may lead to equally among all non-Customers. With direct liquidity to the Exchange in the greater opportunities to trade—and for respect to Customers, all similarly form of AON CUBE Auction executions, price improvement—for all participants. situated orders for Customers are subject which increased order flow would In addition, the Exchange believes that to the same transaction fee schedule. improve the overall competitiveness the proposed Floor Broker Initiating Furthermore, the Exchange believes that and strengthen the market quality of the Participant Rebate would encourage it is equitable that Customers be charged Exchange to the benefit of all market Floor Brokers to use the AON CUBE lower fees in AON CUBE Auctions than participants. The Exchange notes that mechanism to execute larger-size orders other market participants, as the the proposed structure of fees and (both Single-Leg and Complex), which exchanges in general have historically credits for AON CUBE Auctions is would also lead to greater opportunities aimed to improve markets for investors reasonable because it is both consistent and develop various features within to trade for all participants because such 18 with fees and credits already in place order flow will be exposed to additional market structure for customer benefit. for the same types of orders in Single- market participants. The Exchange also The Exchange may in some instances assess Customers lower or no Leg and Complex CUBE auctions and is believes that the proposed rebates are transactions fees 19 because Customer likewise within the range of fees and reasonably designed because they are order flow enhances liquidity on the credits assessed by other exchanges (as mentioned above) similar to rebates Exchange for the benefit of all market employing similar fee structures for currently available to participants in auction mechanisms.16 Consistent with participants, and customer liquidity non-AON CUBE auctions and, to the benefits all market participants by this proposal, competing options extent the proposed rebates are higher exchanges similarly offer different fees providing more trading opportunities, than existing rebates, the Exchange which attracts Market Makers. An and credits for initiating orders, contra- believes that they represent a reasonable side orders, and responders to an increase in the activity of these market effort to incent the use of a new participants in turn facilitates tighter auction, and competing options functionality. exchanges likewise charge different spreads, which may encourage a rates for transactions in their price Further, the Exchange believes the corresponding increase in order flow improvement mechanisms for proposed fees and credits in connection from other market participants. The Exchange also believes that it is Customers versus non-Customers.17 with AON CUBE auctions would attract more volume and liquidity to the equitable for AON CUBE Orders and Exchange generally and would therefore AON Contra Orders to be assessed lower 16 See, e.g., Cboe EDGX fee schedule, supra note fees than those providing RFR 10 (providing, for example, $0.20 per contract fee benefit all market participants for non-customer agency orders and $0.20 per (including those that do not participate Responses, as structuring fees in this contract fee for non-customer contra orders in a in auction mechanisms) through manner would incent market SAM auction, in line with the Exchange’s proposed participants to direct orders to $0.20 per contract fee for non-Customer AON CUBE increased opportunities to trade at potentially improved prices as well as participate in AON CUBE Auctions. The Orders and AON Contra Orders); Nasdaq ISE Exchange believes that it is equitable to Pricing Schedule, supra note 10 (providing, for enhancing price discovery. To the example, $0.20 per contract fee for non-customer extent the proposed fees and credits contra orders in Solicited Order Mechanism, in line 18 The Exchange also notes that, as discussed with the Exchange’s proposed $0.20 per contract fee encourage greater volume and liquidity above, certain non-Customers may be eligible for for non-Customer AON Contra Orders). directed to the Exchange, the proposed various credits and rebates, which would offset 17 See, e.g., Cboe EDGX fee schedule and Nasdaq changes would improve the Exchange’s their transaction costs. ISE Pricing Schedule, supra note 10 (providing, for overall competitiveness and strengthen 19 For example, the Exchange offers Customers example, $0.20 per contract fee for non-customer preferential rates for other trades executed on the initiating orders and no fee for customer initiating its market quality for all market Exchange such as for Qualified Contingent Cross orders, consistent with the Exchange’s proposal). participants. orders.

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assess fees to responders to AON CUBE Exchange’s statement regarding the attract order flow to the Exchange. Auctions and credits to another burden on competition. Based on publicly-available participant to provide incentive for information, and excluding index-based B. Self-Regulatory Organization’s participants to submit order flow. options, no single exchange currently Statement on Burden on Competition has more than 16% of the market share The Proposed Rule Change Is Not In accordance with Section 6(b)(8) of of executed volume of multiply-listed Unfairly Discriminatory the Act, the Exchange does not believe equity and ETF options trades.21 The Exchange believes that the that the proposed rule change would Therefore, no exchange currently proposal is not unfairly discriminatory impose any burden on competition that possesses significant pricing power in because the proposed fees and credits is not necessary or appropriate in the execution of multiply-listed equity would be available to all similarly- furtherance of the purposes of the Act. and ETF options order flow. More situated market participants on an equal Instead, as discussed above, the specifically, in November 2020, the and non-discriminatory basis. The Exchange believes that the proposed Exchange had less than 10% market Exchange’s proposed fees and credits for changes would encourage the share of executed volume of multiply- AON CUBE Auctions are designed to submission of additional liquidity for listed equity and ETF options trades.22 encourage greater use of the AON CUBE larger-sized orders to a public exchange, The Exchange believes that the Auction, which may lead to greater thereby promoting market depth, price proposed rule change reflects this opportunities to trade—and for price discovery and transparency and competitive environment because it improvement—for all participants. enhancing order execution introduces new fees and rebates To the extent that there is a opportunities for all market designed to encourage ATP Holders to differentiation between proposed fees participants. As a result, the Exchange direct trading interest to the Exchange, assessed to Customers as compared to believes that the proposed changes to provide liquidity, and to attract order non-Customers, the Exchange believes further the Commission’s goal in flow. To the extent that this purpose is that this is not unfairly discriminatory adopting Regulation NMS of fostering achieved, all the Exchange’s market because preferential pricing to integrated competition among orders, participants should benefit from the Customers is a long-standing options which promotes ‘‘more efficient pricing improved market quality and increased industry practice to incentivize of individual stocks for all types of opportunities for price improvement. increased Customer order flow through orders, large and small.’’ 20 The Exchange believes that the a fee and rebate schedule in order to Intramarket Competition. The proposed changes could promote attract professional liquidity providers. proposed change is designed to attract competition between the Exchange and To the extent the proposed fees serve to order flow to the Exchange by offering other execution venues, including those enhance Customer volume on the competitive rates and credits based on that currently offer similar auction Exchange, the Exchange believes increased volumes on the Exchange, mechanisms for larger-sized orders, by increased Customer volume would which would enhance the quality of encouraging additional orders to be sent attract liquidity, including Market quoting and may increase the volumes to the Exchange for execution.23 Maker activity, by providing more of contracts traded on the Exchange. To trading opportunities. Increased Market C. Self-Regulatory Organization’s the extent that this purpose is achieved, Statement on Comments on the Maker activity could, in turn, facilitate all of the Exchange’s market participants tighter spreads and increased order flow Proposed Rule Change Received From should benefit from the continued Members, Participants, or Others from other market participants, market liquidity. Enhanced market contributing to increased price quality and increased transaction No written comments were solicited discovery and overall enhanced quality volume that results from the increase in or received with respect to the proposed of the market. order flow directed to the Exchange will rule change. The Exchange also believes that the benefit all market participants and III. Date of Effectiveness of the proposed fee structure is not unfairly improve competition on the Exchange. Proposed Rule Change and Timing for discriminatory because it is based on The Exchange believes that the Commission Action the amount and type of business proposed change to adopt fees and The foregoing rule change is effective transacted on the Exchange, and ATP credits for the use of AON CUBE upon filing pursuant to Section Holders are not obligated to participate Auctions would not impose any burden 19(b)(3)(A) 24 of the Act and in AON CUBE Auctions. Rather, the on intramarket competition, but rather, subparagraph (f)(2) of Rule 19b–4 25 proposal is designed to encourage would serve to promote intramarket thereunder, because it establishes a due, participants to utilize the Exchange as a competition by incentivizing order flow fee, or other charge imposed by the primary trading venue (if they have not to the Exchange, and in particular, done so previously) or increase Exchange. Customer orders, thereby providing for At any time within 60 days of the Electronic (auction) volume sent to the more opportunities to compete at Exchange. To the extent that the filing of such proposed rule change, the improved prices. Commission summarily may proposed fees and credits are successful Intermarket Competition. The in incenting ATP Holders to utilize temporarily suspend such rule change if Exchange operates in a highly it appears to the Commission that such AON CUBE Auctions, this increased competitive market in which market order flow would improve price participants can readily favor one of the 21 discovery and make the Exchange a See supra note 14. 16 competing option exchanges if they 22 Based on OCC data, supra note 15, the more competitive venue for order deem fee levels at a particular venue to Exchange’s market share in equity- and ETF-based execution, which, in turn, would be excessive. In such an environment, options increased from 8.06% for the month of improve market quality for all market the Exchange must continually adjust its November 2019 to 9.09% for the month of participants (including those that do not November 2020. mechanisms and fees to remain 23 See, e.g., supra note 10 (regarding Nasdaq ISE’s participate in AON CUBE Auctions). competitive with other exchanges and to Solicited Order Mechanism and Complex Solicited Finally, the Exchange believes that it Order Mechanism). is subject to significant competitive 20 See Reg NMS Adopting Release, supra note 13, 24 15 U.S.C. 78s(b)(3)(A). forces, as described below in the at 37499. 25 17 CFR 240.19b–4(f)(2).

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action is necessary or appropriate in the personal identifying information from may consist of adjudicatory, public interest, for the protection of comment submissions. You should examination, litigation, or regulatory investors, or otherwise in furtherance of submit only information that you wish matters. the purposes of the Act. If the to make available publicly. All CONTACT PERSON FOR MORE INFORMATION: Commission takes such action, the submissions should refer to File No. For further information; please contact Commission shall institute proceedings SR–NYSEAMER–2021–11, and should Vanessa A. Countryman from the Office under Section 19(b)(2)(B) 26 of the Act to be submitted on or before March 22, of the Secretary at (202) 551–5400. determine whether the proposed rule 2021. change should be approved or Dated: February 25, 2021. For the Commission, by the Division of Eduardo A. Aleman, disapproved. Trading and Markets, pursuant to delegated Deputy Secretary. IV. Solicitation of Comments authority.27 J. Matthew DeLesDernier, [FR Doc. 2021–04273 Filed 2–25–21; 4:15 pm] Interested persons are invited to BILLING CODE 8011–01–P submit written data, views, and Assistant Secretary. arguments concerning the foregoing, [FR Doc. 2021–04177 Filed 2–26–21; 8:45 am] including whether the proposed rule BILLING CODE 8011–01–P SECURITIES AND EXCHANGE change is consistent with the Act. COMMISSION Comments may be submitted by any of [Release No. 34–91184; File No. SR–OCC– the following methods: SECURITIES AND EXCHANGE COMMISSION 2021–801] Electronic Comments • Sunshine Act Meetings Self-Regulatory Organizations; The Use the Commission’s internet Options Clearing Corporation; Notice comment form (http://www.sec.gov/ TIME AND DATE: 2:00 p.m. on Thursday, of Filing of Advance Notice Relating to rules/sro.shtml); or OCC’s Establishment of Persistent • Send an email to rule-comments@ March 4, 2021. Minimum Skin-In-The-Game sec.gov. Please include File No. SR– PLACE: The meeting will be held via NYSEAMER–2021–11 on the subject remote means and/or at the February 23, 2021. Commission’s headquarters, 100 F line. Pursuant to Section 806(e)(1) of Title Street NE, Washington, DC 20549. Paper Comments VIII of the Dodd-Frank Wall Street STATUS: This meeting will be closed to • Reform and Consumer Protection Act, Send paper comments in triplicate the public. entitled Payment, Clearing and to Secretary, Securities and Exchange MATTERS TO BE CONSIDERED: Settlement Supervision Act of 2010 Commission, 100 F Street NE, Commissioners, Counsel to the (‘‘Clearing Supervision Act’’) 1 and Rule Washington, DC 20549–1090. Commissioners, the Secretary to the 19b–4(n)(1)(i) 2 under the Securities All submissions should refer to File No. Commission, and recording secretaries Exchange Act of 1934 (‘‘Exchange SR–NYSEAMER–2021–11. This file will attend the closed meeting. Certain Act’’),3 notice is hereby given that on number should be included on the staff members who have an interest in February 10, 2021, the Options Clearing subject line if email is used. To help the the matters also may be present. Corporation (‘‘OCC’’ or ‘‘Corporation’’) Commission process and review your In the event that the time, date, or filed with the Securities and Exchange comments more efficiently, please use location of this meeting changes, an Commission (‘‘SEC’’ or ‘‘Commission’’) only one method. The Commission will announcement of the change, along with an advance notice as described in Items post all comments on the Commission’s the new time, date, and/or place of the I, II and III below, which Items have internet website (http://www.sec.gov/ meeting will be posted on the been prepared by OCC. The Commission rules/sro.shtml). Copies of the Commission’s website at https:// is publishing this notice to solicit submission, all subsequent www.sec.gov. comments on the advance notice from amendments, all written statements The General Counsel of the interested persons. with respect to the proposed rule Commission, or his designee, has change that are filed with the certified that, in his opinion, one or I. Clearing Agency’s Statement of the Commission, and all written more of the exemptions set forth in 5 Terms of Substance of the Advance communications relating to the U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) Notice proposed rule change between the and (10) and 17 CFR 200.402(a)(3), This advance notice is submitted in Commission and any person, other than (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and connection with proposed changes that those that may be withheld from the (a)(10), permit consideration of the would amend OCC’s Rules, Capital public in accordance with the scheduled matters at the closed meeting. Management Policy, and certain other provisions of 5 U.S.C. 552, will be The subject matter of the closed OCC policies to establish a persistent available for website viewing and meeting will consist of the following minimum level of OCC’s own pre- printing in the Commission’s Public topics: funded financial resources (commonly Reference Room, 100 F Street NE, Institution and settlement of referred to as ‘‘skin-in-the-game’’) that Washington, DC 20549, on official injunctive actions; OCC would contribute to cover default business days between the hours of Institution and settlement of losses or liquidity shortfalls. 10:00 a.m. and 3:00 p.m. Copies of the administrative proceedings; Amendments to OCC’s Rules are filing also will be available for Resolution of litigation claims; and included in Exhibit 5a of filing SR– inspection and copying at the principal Other matters relating to examinations OCC–2021–801. Amendments to OCC’s office of the Exchange. All comments and enforcement proceedings. Capital Management Policy are included received will be posted without change. At times, changes in Commission in confidential Exhibit 5b of filing SR– Persons submitting comments are priorities require alterations in the cautioned that we do not redact or edit scheduling of meeting agenda items that 1 12 U.S.C. 5465(e)(1). 2 17 CFR 240.19b–4(n)(1)(i). 26 15 U.S.C. 78s(b)(2)(B). 27 17 CFR 200.30–3(a)(12). 3 15 U.S.C. 78a et seq.

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OCC–2021–801. OCC would also make to OCC’s Executive Deferred contribution of such excess capital conforming changes to the Default Compensation Plan (‘‘EDCP’’) (such obligatory.9 Management Policy, Clearing Fund funds, as defined in OCC’s Rules, being In the event of a Clearing Member Methodology Policy, and Recovery and the ‘‘EDCP Unvested Balance’’) that default, OCC would contribute excess Orderly Wind-Down Plan (‘‘RWD would be charged pari passu with the capital to cover losses remaining after Plan’’), which can be found in Clearing Fund deposits of non- applying the margin assets and Clearing confidential Exhibits 5c, 5d, and 5e of defaulting Clearing Members. The Fund contribution of the defaulting filing SR–OCC–2021–801, respectively, persistent minimum level of skin-in-the- Clearing Member and before charging to reflect the amended default waterfall game would establish a floor for the pre- the Clearing Fund contributions of non- (i.e., the financial resources OCC would funded resources OCC would contribute defaulting Clearing Members. Should use to address default losses and to cover default losses and liquidity OCC’s excess capital be insufficient to liquidity shortfalls, listed in the order shortfalls. In addition to this minimum, cover the loss, OCC also has another OCC would utilize them). Material OCC would continue to commit its tranche of OCC resources in addition to proposed to be added is marked by liquid net assets funded by equity the Clearing Fund; namely, the EDCP 10 underlining, and material proposed to (‘‘LNAFBE’’) 5 greater than 110% of its Unvested Balance. In the event of a be deleted is marked with strikethrough Target Capital Requirement prior to default loss, the EDCP Unvested Balance text. All terms with initial capitalization charging a loss to the Clearing Fund. is contributed pari passu with the that are not otherwise defined herein Clearing Fund contributions of non- have the same meaning as set forth in Background defaulting Clearing Members. the OCC By-Laws and Rules.4 The implementation of OCC’s Capital In January 2020, OCC implemented its Management Policy marked the first II. Clearing Agency’s Statement of the Capital Management Policy, by which time OCC committed OCC’s own pre- Purpose of, and Statutory Basis for, the OCC (a) determines the amount of funded financial resources into OCC’s Advance Notice Equity 6 sufficient for OCC to meet its approach to capital management and In its filing with the Commission, regulatory obligations and to serve resiliency. In particular, OCC believes OCC included statements concerning market participants and the public that the inclusion of the EDCP Unvested the purpose of and basis for the advance interest (as defined in OCC’s Rules, the Balance is a powerful alignment of notice and discussed any comments it ‘‘Target Capital Requirement’’), (b) interest between management and received on the advance notice. The text monitors Equity and LNAFBE levels to Clearing Members. OCC takes seriously of these statements may be examined at help ensure adequate financial the interest of the industry and the places specified in Item IV below. resources are available to meet general international regulators in seeing more OCC has prepared summaries, set forth business obligations; and (c) manages significant skin-in-the-game in sections A and B below, of the most Equity levels, including by (i) adjusting commitments at central counterparties. significant aspects of these statements. OCC’s fee schedule (as appropriate) and To that end, OCC has reviewed (ii) establishing a plan for accessing feedback received in connection with (A) Clearing Agency’s Statement on additional capital should OCC’s Equity the initial filing of the Capital Comments on the Advance Notice fall below certain thresholds (the Management Plan, relevant papers from Received From Members, Participants or ‘‘Replenishment Plan’’).7 In addition, industry participants and stakeholders Others OCC’s Rules, the Capital Management concerning skin-in-the-game, and Written comments were not and are Policy, and associated policies provide regulatory regimes in jurisdictions not intended to be solicited with respect for the use of OCC’s current and outside the United States. For one, a to the advance notice and none have retained earnings in excess of 110% of comment submitted in connection with been received. OCC will notify the the Target Capital Requirement (i.e., the the Capital Management Policy’s filing Commission of any written comments ‘‘Early Warning’’ threshold under OCC’s urged OCC to implement a ‘‘minimum received by OCC. Replenishment Plan) to cover losses amount of skin-in-the-game that ‘scales with risk and is defined and funded (B) Advance Notices Filed Pursuant to arising from a Clearing Member’s default.8 While OCC’s Rules previously upfront’ and . . . ‘to define a level of Section 806(e) of the Payment, Clearing, [skin-in-the-game] ex ante that would and Settlement Supervision Act provided for OCC to contribute its own capital to cover default losses at the always be readily available in case of a Description of the Proposed Change Board’s discretion, the Capital default loss.’ ’’ 11 OCC has also reviewed OCC is proposing to amend OCC’s Management Policy changes made the the paper, ‘‘A Path Forward for CCP Rules, Capital Management Policy, and Resilience, Recover, and Resolution,’’ certain other policies to establish a 5 International standards and the Commission’s originally released in October 2019 with persistent minimum level of skin-in-the- Rules established minimum LNAFBE requirements nine signatories and re-released in for financial market infrastructures and covered game that OCC would contribute to March of 2020 with ten additional clearing agencies, respectively. See CPSS–IOSCO, signatories, representing major buy-side cover default losses or liquidity Principles for financial market infrastructures, at shortfalls, which would consist of a Principle 15 (Apr. 16, 2012), available at http:// and sell-side firms in the markets OCC minimum amount of OCC’s own pre- www.bis.org/publ/cpss101a.pdf; 17 CFR 240.17Ad– 22(e)(15). The Capital Management Policy defines 9 Use of excess capital to cover losses arising from funded resources that OCC would ‘‘LNAFBE’’ as the level of cash and cash the default of a bank or other clearing agency that charge prior to charging a loss to the equivalents, no greater than Equity, less any is not otherwise associated with a Clearing Member Clearing Fund (as defined below, the approved adjustments (i.e., agency-related liabilities default remains at the Board’s discretion. See Rule ‘‘Minimum Corporate Contribution’’) such as Section 31 fees held by OCC). 1006(e)(ii). 6 and, as OCC’s Rules currently provide, The Capital Management Policy defines 10 As defined in OCC’s Rules, the EDCP Unvested ‘‘Equity’’ as shareholders’ equity as shown on Balance consists of funds (x) deposited on or after applicable funds held in trust in respect OCC’s Statement of Financial Condition. January 1, 2020 in respect of its EDCP and (y) in 7 See Exchange Act Release No. 88029 (Jan. 24, excess of amounts necessary to pay for benefits 4 OCC’s By-Laws and Rules can be found on 2020), 85 FR 5500 (Jan. 30, 2020) (File No. SR– accrued and vested under the EDCP at such time. OCC’s public website: https://www.theocc.com/ OCC–2019–007) (hereinafter, ‘‘Order Approving 11 Order Approving Capital Management Policy, Company-Information/Documents-and-Archives/ Capital Management Policy’’). 85 FR at 5507 (quoting comments submitted by By-Laws-and-Rules. 8 Id. at 5502. FIA).

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serves.12 One of the paper’s significant including a fee decrease effective default losses while retaining access to recommendations is that central September 1, 2020.16 OCC also replenishment capital in the event OCC counterparties should have skin-in-the- discussed these changes on calls with suffers an operational loss that reduces game in a more defined manner.13 In OCC’s Non-Equity Exchanges, Clearing its Equity below those thresholds; and contrast, OCC’s current variable Members, and other market participants, (c) apply conforming changes to the approach to skin-in-the-game does not including discussions with the SIFMA Default Management Policy, Clearing guarantee a defined amount would be Options Committee and FIA and open Fund Methodology Policy, and the RWD available as skin-in-the-game. calls with OCC Clearing Members. Plan to reflect that in the event of a Additionally, as OCC seeks recognition Members expressed that the proposed default loss or liquidity shortfall, the in the European Union and the United addition of a minimum level of skin-in- Minimum Corporate Contribution Kingdom, OCC is cognizant of the the-game would be a welcome would be charged after contributing the European Market Infrastructure enhancement by OCC. One market margin and Clearing Fund deposit of a Regulation’s (‘‘EMIR’’) expectation that participant expressed its appreciation default member and before the skin-in-the-game be a minimum of 25% for OCC’s commitment to resiliency, but contribution of OCC’s LNAFBE in of the central counterparty’s regulatory renewed concerns it had raised in excess of 110% of OCC’s Target Capital capital requirement.14 Under the current connection with OCC’s Capital Requirement, both before OCC charges Capital Management Policy, excess Management Policy about increases in the Clearing Fund deposits of non- capital is not dedicated solely as skin- OCC’s capital and, if OCC were sold, a default Clearing Members and the EDCP in-the-game and it is possible that OCC’s more commercial orientation monetized Unvested Balance on a pro rata basis. capital in excess of 110% of its Target with higher fees. As OCC stated with Capital Requirement would be less than respect to the establishment of the (a) Amendments to OCC’s Rules 25% of OCC’s Target Capital Capital Management Policy,17 OCC To establish and maintain a persistent Requirement. believes that this view is well outside minimum level of skin-in-the-game, To address the concerns raised by the scope of the Capital Management OCC proposes to amend its Rules to (1) these market participants, further Policy and this advance notice, but will define the Minimum Corporate strengthen OCC’s pre-funded financial continue to engage with Clearing Contribution; (2) revise OCC’s default resources, further align the interests of Members and other market participants waterfall to more clearing define the OCC’s management and Clearing to address any concerns. While skin-in-the-game resources OCC would Members, and align OCC’s skin-in-the- questions were raised in these contribute to a default loss; (3) provide game with international standards, OCC conversations, no specific suggestions is filing an advance notice, which were made. for how OCC would calculate any LNAFBE greater than 110% of the would establish a persistent minimum Proposed Changes amount of skin-in-the-game that would Target Capital Requirement it would In order to establish a persistent be used to cover default losses and contribute after exhausting the minimum amount of skin-in-the-game, liquidity shortfalls. This skin-in-the- Minimum Corporate Contribution; and OCC is proposing to: (a) Amend OCC’s game proposal is part of a broader set of (4) provide for how OCC would Rules to define the Minimum Corporate decisions announced by OCC to lower replenish the Minimum Corporate Contribution, insert the Minimum the cost of clearing for its members,15 Contribution after each chargeable Corporate Contribution in OCC’s default default loss. waterfall as provided in Rule 1006, 12 See ABN AMRO Clearing Bank N.V., et al., A (1) Defining the Minimum Corporate Path Forward for CCP Resilience, Recovery, and provide for how OCC would calculate Resolution (March 10, 2020), available at https:// any LNAFBE greater than 110% of its Contribution www.jpmorgan.com/solutions/cib/markets/a-path- Target Capital Requirement OCC would OCC would establish a persistent forward-for-ccp-resilience-recovery-and-resolution. contribute in addition to the Minimum 13 While OCC agrees with the paper’s authors that minimum level of skin-in-the-game by Corporate Contribution, and provide a central counterparties should have meaningful skin- first amending OCC’s Rules to define the time by which OCC would reestablish in-the-game, OCC does not agree with the level of Minimum Corporate Contribution in skin-in-the-game recommended in the paper. See the Minimum Corporate Contribution if Chapter I of the Rules to mean the Optimizing Incentives, Resilience and Stability in and when OCC uses it to cover default Central Counterparty Clearing: Perspectives on CCP minimum level of OCC’s own funds Issues from a Utility Model Clearinghouse losses; (b) amend the Capital Management Policy to exclude the maintained exclusively to cover credit (September 22, 2020), available at https:// losses or liquidity shortfalls, the level of www.theocc.com/Newsroom/Insights/2020/09-22- Minimum Corporate Contribution from Optimizing-Incentives,-Resilience-and-Stabil. OCC’s measurement of its LNAFBE which OCC’s Board shall determine 14 Though OCC, as a non-EU central counterparty, against its Target Capital Requirement from time to time. As OCC’s own funds, would not be subject directly to the EMIR standards and from OCC’s calculation of the Early OCC would hold the Minimum or the supervision of the European Securities and Corporate Contribution in accordance Markets Authority (‘‘ESMA’’), OCC has considered Warning and Trigger Event, to ensure the EMIR standards as part of its bid to seek third- that OCC may maintain the Minimum with OCC’s By-Laws governing the 18 country recognition in Europe and the United Corporate Contribution exclusively for investment of OCC’s funds and OCC’s Kingdom. OCC is seeking recognition to address policies and procedures governing cash European bank capital requirements set to go into effect next year that would require European banks Release, OCC To Lower Costs for Users of U.S. and investment management. to set aside additional capital for exposure to Equity Derivatives Markets (Aug. 3, 2020), available Specifically, OCC maintains uninvested central counterparties that are not ‘‘qualified CCPs’’ at https://www.theocc.com/Newsroom/Press- OCC cash in demand deposits and any in Europe. In order to become a qualified CCP, Releases/2020/08-03-OCC-To-Lower-Costs-for- investments of funds maintained to ESMA and the regulatory authority in a non-EU Users-of-US-Equity-De; ‘‘Letter to Clearing Member jurisdiction must reach an agreement that their Firms—OCC to Lower Costs for Users of U.S. Equity satisfy the Minimum Corporate regulatory regimes for central counterparties are Derivative Markets’’ (Aug. 3, 2020), available at Contribution would be limited to equivalent. As of the date of this filing, the https://www.theocc.com/Newsroom/Views/2020/08- overnight reverse repurchase Commodity Futures Trading Commission (‘‘CFTC’’) 03-Letter-to-Clearing-Member-Firms. agreements involving U.S. Government has reached an agreement with ESMA on the 16 See Exchange Act Release No. 89534 (Aug. 12, equivalence of their regulatory regimes. 2020), 85 FR 50858 (Aug. 18, 2020) (File No. SR– Treasury Securities, consistent with 15 OCC announced these decisions in a press OCC–2020–009). release and letter to Clearing Members. See Press 17 See Exhibit 3g to File No. SR–OCC–2019–007. 18 See OCC By-Laws Art. IX, Sec. 1.

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OCC’s same-day liquidity needs for such ‘‘current or retained earnings’’ are 17Ad–22(e)(15)(ii)(A),20 currently funds. legacy terms used prior to OCC’s requires that the funds OCC maintains While the proposed definition would implementation of the Capital to satisfy its Target Capital Requirement give OCC’s Board discretion in setting Management Policy.19 OCC is proposing be separate from OCC’s resources to the Minimum Corporate Contribution, to replace these references in OCC’s cover participant defaults and liquidity the Board has approved an initial Rules to better identify the funds OCC’s shortfalls. Accordingly, should a default Minimum Corporate Contribution that would contribute in terms that align occur in a month during which OCC sets OCC’s total persistent skin-in-the- with OCC’s Capital Management Policy. suffers an operational loss that game (i.e., the sum of the Minimum decreases the value of its excess capital Corporate Contribution and OCC’s (3) Calculating LNAFBE Available as available as skin-in-the-game below current EDCP Unvested Balance) at 25% Skin-In-The-Game what is reflected on the unaudited of OCC’s Target Capital Requirement. In Because OCC proposes to replace financial statement at the close of the setting the initial Minimum Corporate references to ‘‘current or retained previous month,21 OCC would be able to Contribution, OCC’s Board considered earnings,’’ OCC would also delete the take into account the decrease in its factors including, but not limited to, the first sentence of Rule 1006(e)(iii), which excess capital when calculating its regulatory requirements in each currently provides for how OCC available LNAFBE above 110% of the jurisdiction in which OCC is registered determines its ‘‘current earnings’’ for Target Capital Requirement. In addition, or in which OCC is actively seeking purposes of the amount available to OCC would renumber as Rule recognition, the amount similarly cover losses under Rule 1006(e)(i) and 1006(e)(iv) the last sentence of Rule situated central counterparties commit Rule 1006(e)(ii). In its place, the first 1006(e)(iii). That sentence, which of their own resources to address sentence of Rule 1006(e)(iii) would set concerns a defaulting Clearing participant defaults, the EDCP Unvested out how OCC would determine its Member’s continuing obligation for Balance, OCC’s LNAFBE greater than LNAFBE for purposes of contributing losses OCC charges to OCC’s own 110% of its Target Capital Requirement, LNAFBE greater than 110% of the capital, is conceptually distinct from the projected revenue and expenses, and Target Capital Requirement to cover rest of Rule 1006(e)(iii) and, other projected capital needs. default losses and liquidity shortfalls. accordingly, deserves to be addressed (2) Revising OCC’s Default Waterfall Specifically, similar to how the Rules separately. OCC would also amend OCC Rule currently provide for the calculation of (4) Replenishing the Minimum 1006 to insert the Minimum Corporate ‘‘current earnings,’’ OCC would Corporate Contribution Contribution in OCC’s default waterfall determine its LNAFBE based on OCC’s Finally, OCC would add a new after contributing a defaulting Clearing unaudited financial statements at the paragraph to Rule 1006(e)—Rule Member’s margin and Clearing Fund close of the calendar month 1006(e)(v)—to provide for a 270 deposit, and before contributing OCC’s immediately preceding the occurrence calendar-day period during which the LNAFBE greater than 110% of OCC’s of the loss or deficiency under Minimum Corporate Contribution, once Target Capital Requirement, both of paragraphs (e)(i) or (e)(ii), less an charged, would be reduced to the which OCC would exhaust before amount equal to the aggregate of all remaining unused portion. OCC believes charging a loss to the Clearing Fund and refunds made or authorized to be made that 270 calendar days, or the EDCP Unvested Balance, pari passu or deemed to have been made during approximately nine months, is sufficient with the Clearing Fund deposits of non- the fiscal year in which such loss or time for OCC to accumulate the funds defaulting Clearing Members. So placed, deficiency occurs if the refund is not necessary to reestablish the Minimum OCC believes that the Minimum reflected on such unaudited financial Corporate Contribution. In making this Corporate Contribution would statements. Accordingly, OCC would determination, OCC used the same demonstrate OCC’s institutional retain the priority given to the payment analysis employed to set the Early commitment to its ongoing financial of refunds that OCC has declared, but Warning and Trigger Event under its surveillance of clearing members and not yet issued, as currently provided by Replenishment Plan, both of which are the establishment and maintenance of a OCC Rule 1106(e)(iii), when calculating based on the time OCC estimates it prudent and effective margin the amount of LNAFBE available to would take to accumulate 10% of its methodology. A draw against the cover a default loss after contributing Target Capital Requirement.22 Minimum Corporate Contribution and the Minimum Corporate Contribution. Specifically, OCC took into account its the associated requirement to replenish, OCC would further amend Rule typical monthly earnings and the as discussed below, would provide 1006(e)(iii) to provide that in no event amount of earnings that would be fewer resources to meet other corporate shall OCC be required to contribute an needed to replenish the Minimum commitments. Accordingly, the amount that would cause OCC’s Corporate Contribution on an after-tax proposal would further align OCC’s and LNAFBE to fall below 110% of the basis. Proposed Rule 1006(e)(v) would its management’s interests with those of Target Capital Requirement at the time also provide that OCC shall notify non-defaulting Clearing Members. changed. The Capital Management Clearing Members of any such reduction OCC would also remove references to Policy, in accordance with SEC Rule ‘‘retained earnings’’ or ‘‘current or 20 17 CFR 240.17Ad–22(e)(15)(ii)(A). retained earnings’’ in OCC Rule 1006(b), 19 OCC first established discretionary use of 21 Under OCC’s current rules, LNAFBE greater Rule 1006(e)(i), Rule 1006(e)(ii), and the OCC’s current or retained earnings to cover default than 110% of the Target Capital Requirement and second sentence of Rule 1006(e)(iii), and losses in Article VIII (Clearing Fund) of OCC’s By- the EDCP Unvested Balance are committed to cover Laws. See Exchange Act Release No. 15493 (Jan. 4, both operational losses and default losses. In the replace them with references to the 1979), 44 FR 3802 (Jan. 18, 1979) (File No. SR– event OCC experiences operational losses and contribution of the ‘‘Minimum OCC–79–01). When OCC moved the provisions default losses in short succession, OCC would Corporate Contribution’’ and ‘‘the governing the Clearing Fund from OCC’s By-Laws contribute these resources in the manner specified Corporation’s liquid net assets funded to the Rules in 2018, the provisions governing the by OCC’s Rules to the event that occurred first. usage of the Clearing Fund became Rule 1006(e). 22 See Order Approving Capital Management by equity that are greater than 110% of See Exchange Act Release No. 83735 (July 27, Policy, 85 FR at 5510–11. OCC has included this its Target Capital Requirement.’’ The 2018), 83 FR 37855 (Aug. 2, 2018) (File No. SR– analysis as part of confidential Exhibit 3 to File No. refences to ‘‘retained earnings’’ or OCC–2018–008). SR–OCC–2021–801.

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to the Minimum Corporate requirements in the Capital which would be dedicated to cover Contribution. Management Policy, and OCC’s default losses. The Capital Management Each chargeable loss would trigger a regulatory obligations. Specifically, the Policy defines LNAFBE as the level of new 270-day period. As such, proposed Capital Management Policy provides cash and cash equivalents, no greater Rule 1006(e)(v) is designed to allow that the resources held to meet the than Equity, less any approved OCC to manage multiple defaults within Target Capital Requirement must be adjustments. The definition currently a 270-day period by eliminating the risk liquid assets separate from OCC’s specifies the exclusion of ‘‘agency- that a successive default would exhaust resources to cover participant defaults related liabilities, such as Section 31 the resources needed to reestablish the and liquidity shortfalls, consistent with fees’’ as the only approved adjustment. Minimum Corporate Contribution by the SEC Rule 17Ad–22(e)(15)(ii)(A).24 OCC would amend the definition to add end of the initial 270-day period. And Because Equity typically exceeds the Minimum Corporate Contribution as while a successive default loss that does LNAFBE and because any funds OCC 23 another example of an approved not impact excess LNAFBE available would contribute to cover a default loss exemption to the calculation of to replenish the Minimum Corporation would need to be liquid assets, LNAFBE. As discussed in more detail in Contribution would nevertheless trigger contributing liquid assets in excess of the discussion of the statutory basis for another 270-day period during which LNAFBE greater than 110% of the these proposed changes below, this the Minimum Corporate Contribution Target Capital Requirement would be proposed amendment to the definition would be reduced to the remaining inconsistent with the Capital of LNAFBE is intended to ensure that unused portion after the first two Management Policy. defaults, any LNAFBE greater than In addition, OCC would amend the OCC does not double count resources 110% of the Target Capital Requirement Capital Management Policy’s list of committed to cover default losses as would continue to be available to cover capital management actions with a resources available to satisfy regulatory successive default losses. In the very material impact on current or future requirements concerning the amount of unlikely event that OCC experiences an levels of Equity, replacing ‘‘use of LNAFBE or other financial resources operational loss or a drop in revenue current and retained earnings greater OCC must maintain to cover operational from clearing fees that threatens its than 100% of the Target Capital costs and potential business losses. For ability to reestablish the Minimum Requirement’’ with ‘‘use of excess similar reasons, OCC would amend the Corporate Contribution at the end of the capital,’’ to align with the title of the Capital Management Policy’s discussion 270-day period, OCC would likely file a Capital Management Policy’s ‘‘Excess of OCC’s Replenishment Plan to add rule change to extend the period rather Capital Usage’’ section. That section that in the event of an operational loss, than act to lower the Minimum would also be updated to include a OCC shall first use Equity, ‘‘less the Corporate Contribution, dependent on discussion of the factors that the Board Minimum Corporate Contribution,’’ the Board’s consideration of the same would consider in establishing and above 110% of Target Capital. This non-exclusive list of factors that the adjusting the Minimum Corporate amendment reflects that the funds Board would consider when Contribution. Factors the Board would maintained for the Minimum Corporate determining whether to adjust the consider include, but are not limited to, Contribution are not funds available to Minimum Corporate Contribution, the regulatory requirements in each cover operational losses. discussed below. jurisdiction in which OCC is registered With respect to OCC’s Replenishment or in which OCC is actively seeking Plan, OCC would also amend the (b) Amendments to the Capital recognition, the amount similarly Management Policy definitions of the Early Warning and situated central counterparties commit Trigger Event to exclude the Minimum Consistent with the proposed changes of their own resources to address Corporate Contribution from the to OCC’s Rules, OCC would amend the participant defaults, the current and calculation of those thresholds so that portions of the Capital Management projected level of the EDCP Unvested OCC maintains access to replenishment Policy that concern OCC’s usage of Balance, OCC’s LNAFBE greater than capital in the event operational losses excess capital to cover default losses to 110% of its Target Capital Requirement, materialize while still maintaining the more specifically identify the resources projected revenue and expenses, and Minimum Corporate Contribution OCC would contribute to default losses; other projected capital needs. While the exclusively to cover default losses. As namely, the Minimum Corporate Capital Management Policy would described above, the Early Warning and Contribution and LNAFBE above 110% provide that the Board would review of the Target Capital Requirement. OCC Minimum Corporate Contribution Trigger Event are the thresholds for would clarify that after exhausting the annually, the Board would retain actions under OCC’s Replenishment Minimum Corporate Contribution, OCC authority to change the Minimum Plan. Currently, the Early Warning and would continue to offset default losses Corporate at its discretion. In addition, Trigger Event thresholds are defined with LNAFBE, rather than ‘‘Equity,’’ the Capital Management Policy would with respect to OCC’s Equity falling above 110% of the Target Capital be updated to include the substance of below certain thresholds. OCC is requirement. This change is not and references to proposed Rule proposing to amend those definitions so intended to change OCC’s current 1006(e)(v), which, as discussed above, that the Early Warning and Trigger obligations. Rather, OCC intends to provides for a 270-day period following Event occur when Equity ‘‘less the conform the Capital Management Policy a chargeable loss during which the Minimum Corporate Contribution’’ falls so that the terms are consistent with Minimum Corporate Contribution is below those same thresholds. These those used in the proposed Rules, other reduced to its remaining unused changes would ensure that OCC may portion. maintain the Minimum Corporate 23 As described below, OCC is proposing to OCC would also amend the definition Contribution exclusively to address amend the Capital Management Policy to exclude of LNAFBE in the Capital Management default losses—the effect of which the Minimum Corporate Contribution from the Policy to specifically exclude the would be to increase Equity relative to definition of LNAFBE. As a result, a second default LNAFBE—while still maintaining loss covered exclusively by the Minimum Corporate Minimum Corporate Contribution, Contribution would not impact OCC’s level of access to its Replenishment Plan should LNAFBE. 24 See 17 CFR 240.17Ad–22(e)(15)(ii)(A). OCC’s Equity, less the Minimum

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Corporate Contribution, fall close to or level of risk presented by OCC because that the objectives and principles for below the Target Capital Requirement. they would enhance the overall risk management standards prescribed resilience of OCC’s capital management under Section 805(a) shall be to promote (c) Amendments to the Default and default management processes. robust risk management, promote safety Management Policy, Clearing Fund Establishing a Minimum Corporate and soundness, reduce systemic risks, Methodology Policy, and RWD Plan Contribution, which OCC would apply and support the stability of the broader To accommodate the proposed after a defaulting Clearing Member’s financial system. establishment of the Minimum margin and Clearing Fund deposits, The Commission has adopted risk Corporate Contribution, OCC proposes would ensure a minimum level of OCC’s management standards under Section conforming changes to other rule-filed own pre-funded financial resources 805(a)(2) of the Clearing Supervision policies that describe OCC’s default available to cover credit losses. By Act and the Exchange Act in furtherance waterfall, as set forth in OCC Rule 1006. applying the Minimum Corporate of these objectives and principles.28 In the Default Management Policy, OCC Contribution before charging the Rule 17Ad–22 requires registered would delete the passage concerning Clearing Fund, the proposed change clearing agencies, like OCC, to establish, ‘‘Current and Retained Earnings’’ in the helps protect non-defaulting Clearing implement, maintain, and enforce current discussion of OCC’s default Members from default losses of another written policies and procedures that are waterfall and replace it with the Clearing Member, which in turn helps reasonably designed to meet certain Minimum Corporate Contribution and reduce OCC’s overall level of risk and minimum requirements for their LNAFBE greater than 110% of the ensure the prompt and accurate operations and risk management Target Capital Requirement, as provided clearance and settlement of its cleared practices on an ongoing basis.29 in the proposed amendments to Rule products. In addition, the proposed Therefore, the Commission has stated 30 1006 above. OCC would also amend the changes to OCC’s Rules, Capital that it believes it is appropriate to Default Management Policy’s definition Management Policy and other rule-filed review changes proposed in advance of ‘‘financial resources’’ to include the policies intended to account for the use notices against Rule 17Ad–22 and the Minimum Corporate Contribution as of OCC’s Minimum Corporate objectives and principles of these risk among those available to address Contribution and LNAFBE greater than management standards as described in Clearing Member defaults and 110% of the Target Capital Requirement Section 805(b) of the Clearing suspensions. In the Clearing Fund would help ensure that OCC continues Supervision Act.31 Methodology Policy, OCC would to hold LNAFBE sufficient to meet its OCC believes the proposed changes similarly revise the discussion of the regulatory obligations and maintain are consistent with the objectives and default waterfall in that policy’s section access to its Replenishment Plan in the principles of Section 805(b) of the covering Clearing Fund charges and event that an operational loss causes Clearing Supervision Act.32 The assessments to incorporate the Equity, less the Minimum Corporate proposed changes are generally Minimum Corporate Contribution, Contribution reserved for default losses, designed to enhance OCC’s resiliency by consistent with the proposed to fall close to or below regulatory establishing a Minimum Corporate amendments to Rule 1006 above. OCC requirements. Together these features of Contribution that would be used to would also amend the Clearing Fund the Capital Management Policy help absorb losses or liquidity shortfalls Methodology Policy’s definitions of ensure that OCC maintains levels of arising from the default of a Clearing OCC’s ‘‘Pre-Funded Financial capital sufficient to allow it to absorb Member. While OCC’s current rules Resources’’ for the purposes of sizing or substantial business losses and meet its commit OCC to contribute a contingent measuring the sufficiency of the responsibilities as a systemically amount of capital to address default Clearing Fund to include the Minimum important financial market utility, losses or liquidity shortfalls, the Corporate Contribution. Finally, OCC which in turn helps reduce OCC’s proposed changes would commit to a would amend the RWD Plan to replace overall level of risk. minimum amount, subject to a all references to ‘‘current or retained replenishment period if OCC charges a earnings’’ with the Minimum Corporate Consistency With the Clearing loss to the Minimum Corporate Contribution and LNAFBE greater than Supervision Act Contribution. Ensuring a minimum 110% of the Target Capital The stated purpose of the Clearing amount of skin-in-the-game would Requirement, or ‘‘skin-in-the-game’’ for Supervision Act is to mitigate systemic reduce the amount OCC may need to short, modify certain example scenarios risk in the financial system and promote charge the Clearing Fund deposits of concerning use of OCC’s Enhanced Risk financial stability by, among other non-defaulting Clearing Member. In this Management and Recovery Tools to things, promoting uniform risk way, OCC believes that the proposed account for the proposed Minimum management standards for systemically establishment of the Minimum Corporate Contribution, and make important financial market utilities and Corporate Contribution and attendant certain other conforming changes strengthening the liquidity of changes would improve OCC’s concerning use of skin-in-the-game to systemically important financial market resilience as a systemically important address liquidity shortfalls and, in the utilities.25 Section 805(a)(2) of the market utility by promoting robust risk case of LNAFBE greater than 110% of Clearing Supervision Act 26 also management, promoting safety and the Target Capital Requirement, OCC’s authorizes the Commission to prescribe authority to use skin-in-the-game to risk management standards for the 28 17 CFR 240.17Ad–22. See Exchange Act Release Nos. 68080 (October 22, 2012), 77 FR 66220 address losses resulting from bank or payment, clearing and settlement (November 2, 2012) (S7–08–11) (‘‘Clearing Agency securities or commodities clearing activities of designated clearing entities, Standards’’); 78961 (September 28, 2016), 81 FR organization failures, including custody like OCC, for which the Commission is 70786 (October 13, 2016) (S7–03–14) (‘‘Standards or investment losses. the supervisory agency. Section 805(b) for Covered Clearing Agencies’’). 29 of the Clearing Supervision Act 27 states 17 CFR 240.17Ad–22. Anticipated Effect on and Management 30 See, e.g., Exchange Act Release No. 86182 (June of Risk 24, 2019), 84 FR 31128, 31129 (June 28, 2019) (SR– 25 12 U.S.C. 5461(b). OCC–2019–803). OCC believes that the proposed 26 12 U.S.C. 5464(a)(2). 31 12 U.S.C. 5464(b). changes would reduce the nature and 27 12 U.S.C. 5464(b). 32 Id.

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soundness, reducing systemic risks, and addition to resources held to cover excluding the Minimum Corporate supporting the stability of the broader participant defaults or other credit or Contribution from those thresholds financial system. liquidity risks.42 The proposed revision would ensure that OCC may continue to OCC also believes that the proposed to OCC’s definition of LNAFBE is access replenishment capital in the changes are consistent with the risk designed to satisfy Rule 17Ad– unlikely event that OCC experiences an management standards adopted by the 22(e)(15)(ii)(A) by providing that the operational loss while continuing to Commission under Section 805(a)(2) of proposed Minimum Corporate maintain the Minimum Corporate the Clearing Supervision Act; 33 Contribution, which would be held Contribution exclusively to cover specifically, Rules 17Ad–22(e)(4), 34 exclusively to cover participant defaults default losses. Rule 17Ad–22(e)(15)(iii) 17Ad–22(e)(15)(ii)(A),35 17Ad– and liquidity shortfalls, would be in requires, in part, that OCC establish, 22(e)(15)(iii),36 Rules 17Ad–22(e)(2)(i),37 addition to the LNAFBE that OCC holds implement, maintain and enforce and 17Ad–22(e)(23) 38 thereunder for to meet or exceed its regulatory capital written policies and procedures the reasons described below. requirements under Rule 17Ad– reasonably designed to identify, Rule 17Ad–22(e)(4) under the 22(e)(15)(ii)—i.e., LNAFBE in an monitor, and manage OCC’s general Exchange Act provides, in part, that amount equal to 110% of OCC’s Target business risk, including by maintaining OCC establish, implement, maintain and Capital Requirement. In addition, the a viable plan for raising additional enforce written policies and procedures proposed revisions to OCC Rule Equity should its Equity fall close to or reasonably designed to effectively 1006(e)(iii) and the Capital Management below the amount required under Rule identify, measure, monitor and manage Policy—which would specify that 17Ad–22(e)(15)(ii).44 By setting the its credit exposures to participants and OCC’s committed skin-in-the-game shall threshold triggers by reference to the those arising from its payment, clearing include the Minimum Corporate Target Capital Requirement, OCC’s and settlement processes, including by Contribution and LNAFBE greater than Replenishment Plan is designed to maintaining sufficient financial 110% of the Target Capital require OCC to act to raise capital resources to cover its credit exposure to Requirements—are reasonably designed should its Equity fall close to or below each participant fully with a high degree to ensure that OCC would not be the amounts required under Rule 17Ad– of confidence.39 By providing that OCC obligated to contribute an amount of 22(e)(15)(ii). However, the effect of shall maintain a minimum level of skin- skin-in-the-game that would cause its holding the Minimum Corporate in-the-game—in addition to OCC’s LNAFBE to fall below the Early Warning Contribution would be to increase LNAFBE greater than 110% of its Target threshold intended to ensure OCC OCC’s Equity relative to LNAFBE Capital Requirement, contributed prior maintains sufficient LNAFBE to meet its available to cover potential operational to charging the Clearing Fund, as OCC’s regulatory obligations. As a result, OCC losses. To help ensure that OCC holds Rules currently provide—OCC is believes the proposed amendments to LNAFBE above its Target Capital providing for a minimum level of pre- the Capital Management Policy are Requirement and maintains access to funded financial resources available to designed to comply with Rule 17Ad– replenishment capital, the proposed cover losses in the event of a Clearing 22(e)(15)(ii)(A). change would exclude the Minimum Member default, and reducing the In addition, OCC believes that the Corporate Contribution when measuring amount OCC would charge the Clearing proposed amendments to OCC’s OCC’s Equity against the Early Warning Fund contributions of non-defaulting definition of the Early Warning and and Trigger Event thresholds under its Clearing Members. Therefore, OCC Trigger Event thresholds under OCC’s Replenishment Plan. Accordingly, OCC Replenishment Plan are consistent with believes the amendments to its Rules, believes that the proposed amendments Rule 17Ad–22(e)(15)(iii) 43 because the Capital Management Policy, and to the definitions of the Early Warning other related policies to establish the and Trigger Event thresholds are operations and services. 17 CFR 240.17Ad– Minimum Corporate Contribution are 22(e)(15)(ii). OCC’s Capital Management Policy is consistent with Rule 17Ad– consistent with Rule 17Ad–22(e)(4). reasonably designed to meet this requirement, and 22(e)(15)(iii). OCC also believes that the proposed Rule 17Ad–22(e)(15) more broadly, by providing OCC also believe that the proposed changes to the definition of LNAFBE in that OCC sets its Target Capital Requirement at a changes are consistent with Rule 17Ad– level sufficient to maintain LNAFBE at least equal OCC’s Capital Management Policy, to the greater of: (x) Six months of OCC’s current 22(e)(2)(i), which requires that covered which exclude the Minimum Corporate operating expenses, (y) the amount determined by clearing agencies maintain written Contribution from the calculation of the Board to be sufficient to ensure a recovery or policies and procedures reasonably LNAFBE, are consistent with Rule orderly winddown of critical operations and services, and (z) the amount determined by the designed to provide for governance 17Ad–22(e)(15)(ii)(A) under the Board to be sufficient for OCC to continue arrangements that are clear and Exchange Act.40 Rule 17Ad– operations and services as a going concern if transparent.45 The proposed changes 22(e)(15)(ii)(A) requires that the general business losses materialize. See Order would align the terminology used in LNAFBE held by OCC to satisfy the Approving Capital Management Policy, 85 FR at 5501–02. In addition, in setting the Target Capital OCC’s Rules and other rule-filed minimum LNAFBE required by Rule Requirement, OCC’s Board considers OCC’s policies with the terminology of the 17Ad–22(e)(15)(ii) 41 shall be in projected rolling twelve-months’ operating Capital Management Policy, providing expenses to ensure that OCC maintains Equity and better clarity and consistency between 33 12 U.S.C. 5464(a)(2). other financial resources approved by the CFTC, as OCC’s governing documents. 34 17 CFR 240.17Ad–22(e)(4). required by CFTC Rule 39.11(a)(2). See id. at 5501 n.19 (citing 17 CFR 39.11(a)(2)). Specifically, OCC would amend its 35 17 CFR 240.17Ad–22(e)(15)(ii). 42 Id. Similarly, CFTC Rule 39.11(b)(3) provides Rules, Capital Management Policy, 36 17 CFR 240.17Ad–22(e)(15)(iii). that a derivatives clearing organization (‘‘DCO’’) 37 Default Management Policy, Clearing 17 CFR 240.17Ad–22(e)(2)(i). may allocate financial resources to satisfy 38 Fund Methodology Policy and RWD 17 CFR 240.17Ad–22(e)(23). requirements that the DCO possess financial 39 17 CFR 240.17Ad–22(e)(4)(i). resources (i) to enable the DCO to meet obligations Plan to identify OCC’s sources of skin- 40 17 CFR 240.17Ad–22(e)(15)(ii)(A). notwithstanding a default by the clearing member 41 Rule 17Ad–22(e)(15)(ii), in turn, requires that creating the largest financial exposure for the DCO 44 Id. As discussed in note 41, supra, OCC’s OCC hold LNAFBE to the greater of (x) six months in extreme but plausible market conditions, and (ii) Target Capital Requirement is reasonably designed of OCC’s current operating expenses, or (y) the to enable the DCO to cover its operational costs, but to meet or exceed the minimum LNAFBE required amount determined by the Board to be sufficient to not both. See 17 CFR 39.11(b)(3). to satisfy Rule 17Ad–22(e)(15)(ii). ensure a recovery or orderly wind-down of critical 43 17 CFR 240.17Ad–22(e)(15)(iii). 45 17 CFR 240.17Ad–22(e)(2)(i).

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in-the-game (the Minimum Corporation 17Ad–22(e)(2)(i),51 and 17Ad– All submissions should refer to File Contribution, LNAFBE greater than 22(e)(23) 52 under the Exchange Act. Number SR–OCC–2021–801. This file number should be included on the 110% of the Target Capital III. Date of Effectiveness of the Advance subject line if email is used. To help the Requirement, and the EDCP Unvested Notice and Timing for Commission Commission process and review your Balance) and their places within OCC’s Action default waterfall. The proposed comments more efficiently, please use amendments to the Capital Management The proposed change may be only one method. The Commission will Policy would also identify factors the implemented if the Commission does post all comments on the Commission’s Board would consider in setting and not object to the proposed change internet website (http://www.sec.gov/ adjusting the Minimum Corporate within 60 days of the later of (i) the date rules/sro.shtml). Copies of the Contribution. Accordingly, OCC the proposed change was filed with the submission, all subsequent Commission or (ii) the date any believes conforming the terms in these amendments, all written statements additional information requested by the with respect to the advance notice that governance arrangements and Commission is received. OCC shall not are filed with the Commission, and all identifying factors OCC would consider implement the proposed change if the written communications relating to the in adjusting the Minimum Corporate Commission has any objection to the advance notice between the Contribution is consistent with Rule proposed change. Commission and any person, other than 17Ad–22(e)(2)(i). The Commission may extend the those that may be withheld from the Finally, OCC believe that the period for review by an additional 60 public in accordance with the proposed changes are consistent with days if the proposed change raises novel provisions of 5 U.S.C. 552, will be Rule 17Ad–22(e)(23), which requires or complex issues, subject to the available for website viewing and covered clearing agencies to maintain Commission providing the clearing printing in the Commission’s Public written policies and procedures agency with prompt written notice of Reference Room, 100 F Street NE, reasonably designed to, among other the extension. A proposed change may Washington, DC 20549 on official things, provide for publicly disclosing be implemented in less than 60 days business days between the hours of all relevant rules and material from the date the advance notice is 10:00 a.m. and 3:00 p.m. Copies of the procedures, including key aspects of its filed, or the date further information filing also will be available for default rules and procedures.46 The requested by the Commission is inspection and copying at the principal proposed changes would amend OCC’s received, if the Commission notifies the office of the self-regulatory organization. Rules to remove the pre-Capital clearing agency in writing that it does All comments received will be posted Management Policy references to use of not object to the proposed change and without change. Persons submitting ‘‘retained earnings’’ or ‘‘current and authorizes the clearing agency to comments are cautioned that we do not retained earnings’’ with respect to the implement the proposed change on an redact or edit personal identifying sources of OCC’s skin-in-the-game, and earlier date, subject to any conditions information from comment submissions. instead identify the Minimum Corporate imposed by the Commission. You should submit only information Contribution and LNAFBE greater than OCC shall post notice on its website that you wish to make available 110% of the Target Capital of proposed changes that are publicly. All submissions should refer to File Requirement. The proposed changes implemented. The proposal shall not Number SR–OCC–2021–801 and should would also provide greater clarity about take effect until all regulatory actions be submitted on or before March 16, how OCC calculates the amount of required with respect to the proposal are 2021. LNAFBE greater than 110% of the completed. Target Capital Requirement based upon IV. Solicitation of Comments For the Commission, by the Division of the unaudited financial statements from Trading and Markets, pursuant to delegated Interested persons are invited to authority.53 the close of the prior month; provided, submit written data, views, and however, that OCC would not be J. Matthew DeLesDernier, arguments concerning the foregoing, Assistant Secretary. required to contribute an amount that including whether the advance notice is would cause its LNAFBE to fall below [FR Doc. 2021–04087 Filed 2–26–21; 8:45 am] consistent with the Clearing BILLING CODE 8011–01–P 110% of the Target Capital Requirement Supervision Act. Comments may be at the time charged. The proposed submitted by any of the following changes to OCC Rules would, in turn, be methods: SECURITIES AND EXCHANGE made available on OCC’s website. COMMISSION Therefore, OCC believes the proposed Electronic Comments changes would disclose relevant default • Use the Commission’s internet [Release No. 34–91192] rules and procedures to the public and comment form (http://www.sec.gov/ Order Granting Application by MIAX to Clearing Members. rules/sro.shtml); or • PEARL, LLC for an Exemption For the foregoing reasons, OCC Send an email to rule-comments@ Pursuant to Section 36(a) of the believes that the proposed changes are sec.gov. Please include File Number SR– Exchange Act From the Rule Filing consistent with Section 805(b) of the OCC–2021–801 on the subject line. Requirements of Section 19(b) of the Clearing Supervision Act 47 and Rules Paper Comments Exchange Act With Respect to Certain 17Ad–22(e)(4), 48 17Ad–22(e)(15) • Rules Incorporated by Reference (ii)(A),49 17Ad–22(e)(15)(iii),50 Rules Send paper comments in triplicate to Secretary, Securities and Exchange February 23, 2021. 46 17 CFR 240.17Ad–22(e)(23). Commission, 100 F Street NE, MIAX PEARL, LLC (‘‘MIAX PEARL’’ 47 12 U.S.C. 5464(b). Washington, DC 20549. or ‘‘Exchange’’) has filed with the 48 17 CFR 240.17Ad–22(e)(4). Securities and Exchange Commission 49 17 CFR 240.17Ad–22(e)(15)(ii). 51 17 CFR 240.17Ad–22(e)(2)(i). 50 17 CFR 240.17Ad–22(e)(15)(iii). 52 17 CFR 240.17Ad–22(e)(23). 53 17 CFR 200.30–3(a)(91).

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(‘‘Commission’’) an application for an the need for the Exchange to file The Exchange states that the direct exemption under Section 36(a)(1) of the separately the same proposed rule incorporations by reference of FINRA Securities Exchange Act of 1934 (‘‘Act’’ changes pursuant to Section 19(b) of the and MIAX rules, which are regulatory in or ‘‘Exchange Act’’) 1 from the rule filing Act: 7 nature,8 are intended to be a requirements of Section 19(b) of the • Rule 2101 (Violations Prohibited) comprehensive integration of the Exchange Act 2 with respect to certain cross-references MIAX Rule 300 relevant FINRA and MIAX rules into the rules of the Financial Industry (Adherence to Law), MIAX PEARL Equities Rules.9 As the Regulatory Authority, Inc. (‘‘FINRA’’) • Rule 2104 (Communications with Exchange notes, the MIAX PEARL Rules and Miami International Securities the Public) cross-references FINRA Rule currently incorporate by reference Exchange, LLC (‘‘MIAX’’), an affiliate of 2210 (Communications with the Public) Chapters III and XIII of the MIAX Rules, MIAX PEARL, that the Exchange seeks (except for paragraph (c) of FINRA Rule and the Exchange has previously to incorporate by reference.3 Section 36 2210), received an exemption from the rule of the Exchange Act authorizes the • Rule 2105 (Know Your Customer) filing requirements of Section 19(b) with Commission to conditionally or cross-references FINRA Rule 2090 respect to these rules.10 Equity Members unconditionally exempt any person, (Know Your Customer), are a subset of MIAX PEARL • security, or transaction, or any class Rule 2107 (Suitability) cross- Members,11 and MIAX PEARL Members thereof, from any provision of the references FINRA Rule 2111 are currently subject to the MIAX Rules (Suitability), Exchange Act or rule thereunder, if • that are already incorporated by necessary or appropriate in the public Rule 2119 (Telemarketing) cross- reference.12 According to the Exchange, interest and consistent with the references MIAX Rule 1325 the recently approved MIAX PEARL protection of investors. (Telemarketing), Equities Rules cross-reference to these • Rule 2200 (General Requirements) On August 14, 2020, the Commission MIAX Rules for completeness and to cross-references FINRA Rule 4511 approved the Exchange’s proposal to remove doubt as to whether an Equity adopt rules to govern the trading of cash (General Requirements), • Rule 2201 (Customer Account Member would be subject to these cross- equities and establish an equities 13 Information) cross-references FINRA referenced MIAX Rules. trading facility of the Exchange.4 Among The Exchange represents that, as a Rule 4512 (Customer Account other things, these MIAX PEARL condition to the requested exemption Equities Rules include conduct and Information), • Rule 2203 (Record of Written from Section 19(b) of the Act, the operational rules applicable to a new Complaints) cross-references FINRA Exchange will provide written notice to category of Exchange member Rule 4513 (Records of Written Customer its members whenever FINRA or MIAX participation, referred to as ‘‘Equity Complaints), proposes a change to a cross-referenced 14 Members.’’ • Rule 2204 (Disclosure of Financial rule. Such notice will alert Exchange MIAX PEARL has requested, pursuant Condition) cross-references MIAX Rule members to the proposed rule change to Rule 0–12 under the Exchange Act,5 1313 (Statement of Financial Condition and give them an opportunity to that the Commission grant the Exchange 15 to Customers), comment on the proposal. The an exemption from the rule filing • Rule 2302 (Annual Certification of Exchange further represents that it requirements of Section 19(b) of the Act Compliance and Supervisory Processes) similarly will inform members in for changes to those MIAX PEARL cross-references FINRA Rule 3130 Equities Rules that are effected solely by (Annual Certification of Compliance 8 See id. at 4. The Exchange represents that the virtue of a change to a cross-referenced and Supervisory Processes), FINRA and MIAX rules proposed to be incorporated FINRA or MIAX rule.6 Specifically, the • by reference are not trading rules. In addition, the Rule 2303 (Prevention of the Misuse Exchange notes that several other self-regulatory Exchange requests that it be permitted of Material, Non-Public Information) organizations (‘‘SROs’’) incorporate by reference to incorporate by reference changes cross-references MIAX Rule 303 certain regulatory rules of another SRO and have made to each FINRA or MIAX rule (or (Prevention of the Misuse of Material received from the Commission similar exemptions series of rules as the case may be) that Non-Public Information), from Section 19(b) of the Exchange Act. See id. at is cross-referenced in the following • 4 n.7. Rule 2304 (Anti-Money Laundering 9 See id. at 4. MIAX PEARL Equities Rules, without Compliance Program) cross-references 10 See id. at 3; Securities Exchange Act Release MIAX Rule 315 (Anti-Money No. 79543 (December 13, 2016), 81 FR 92901 1 15 U.S.C. 78mm(a)(1). Laundering Compliance Program), (December 20, 2016) (File No. 10–227) (In the 2 15 U.S.C. 78s(b). • Rule 2305 (Transactions for or by Matter of the Application of MIAX PEARL, LLC for 3 See Letter from Christopher Solgan, VP, Senior Associated Persons) cross-references Registration as a National Securities Exchange; Counsel, MIAX PEARL, to Vanessa Countryman, Findings, Opinion, and Order of the Commission) Secretary, Commission, dated January 15, 2021 FINRA Rule 3210 (Accounts at Other (granting the application of MIAX PEARL for (‘‘Exemptive Request’’). The Exchange submitted Broker-Dealers and Financial registration as a national securities exchange, and the Exemptive Request in connection with its Institutions), conditionally exempting MIAX PEARL from the proposal to adopt rules to govern the trading of • Rule 2712 (Trading Ahead of rule filing requirements of Section 19(b) of the Act with respect to the MIAX, Chicago Board Options equity securities on the Exchange (referred to herein Research Reports) cross-references as ‘‘MIAX PEARL Equities Rules’’). See Securities Exchange, Incorporated (‘‘CBOE’’), New York Stock Exchange Act Release Nos. 88132 (February 6, MIAX Rule 320 (Trading Ahead of Exchange LLC, and FINRA rules that MIAX PEARL 2020), 85 FR 8053 (February, 12, 2020) (Notice of Research Reports), proposed to incorporate by reference, including Filing of a Proposed Rule Change To Adopt Rules • Rule 2714 (Front Running of Block MIAX Rules Chapters III and XIII). Governing the Trading of Equity Securities); and Transactions) cross-references FINRA 11 See MIAX PEARL Rule 2000. 12 88859 (May 12, 2020), 85 FR 29759 (May 18, 2020) Rule 5270 (Front Running of Block See MIAX PEARL Rules Chapters III and XIII. (Notice of Filing of Amendment No. 1 and Order 13 See Exemptive Request, supra note 3, at 4. Instituting Proceedings To Determine Whether To Transactions), and 14 • The Exchange represents that it will provide Approve or Disapprove a Proposed Rule Change, as Rule 2715 (Disruptive Quoting and such notice on its website in the same section it Modified by Amendment No. 1, To Establish Rules Trading Activity Prohibited) cross- uses to post its own proposed rule change filings Governing the Trading of Equity Securities). references MIAX Rule 322 (Disruptive pursuant to Rule 19b–4(l) within the same time 4 See Securities Exchange Act Release No. 83289 Quoting and Trading Activity period required by such Rule. The MIAX PEARL (August 14, 2020), 85 FR 51510 (August 20, 2020) website will also include a link to the FINRA or (SR–PEARL–2020–03). Prohibited). MIAX website where the proposed rule change 5 17 CFR 240.0–12. filings are located. See id. 6 See Exemptive Request, supra note 3, at 2. 7 Id. at 2–3. 15 See id. at 4 n.8.

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writing when the Commission approves future exemption requests from other Accordingly, it is ordered, pursuant to any such proposed rule changes.16 SROs, provided that: Section 36 of the Exchange Act,24 that According to the Exchange, this • An SRO wishing to incorporate the Exchange is exempt from the rule exemption is necessary and appropriate rules of another SRO by reference has filing requirements of Section 19(b) of because it would result in the MIAX submitted a written request for an order the Exchange Act solely with respect to PEARL Equities Rules being consistent exempting it from the requirement in changes to the MIAX PEARL Equities Rules identified in its request that with the relevant cross-referenced Section 19(b) of the Exchange Act to file incorporate by reference certain FINRA FINRA and MIAX rules at all times, thus proposed rule changes relating to the and MIAX rules that are the result of ensuring identical regulation of joint rules incorporated by reference, has identified the applicable originating changes to such FINRA or MIAX rules, members of the Exchange, FINRA, and/ provided that the Exchange promptly or MIAX with respect to such rules.17 SRO(s), together with the rules it wants to incorporate by reference, and provides written notice to its members Without such an exemption, joint whenever FINRA or MIAX proposes to otherwise has complied with the members of the Exchange, FINRA, and/ change a rule that the Exchange has procedural requirements set forth in the or MIAX could be subject to two incorporated by reference. different standards.18 In addition, the Commission’s release governing Exchange believes that the exemption procedures for requesting exemptive For the Commission, by the Division of orders pursuant to Rule 0–12 under the Trading and Markets, pursuant to delegated would ensure consistency between 25 21 authority. certain MIAX PEARL Equities Rules and Exchange Act; • J. Matthew DeLesDernier, FINRA rules that are covered by the The incorporating SRO has Assistant Secretary. Exchange’s regulatory services requested incorporation of categories of [FR Doc. 2021–04091 Filed 2–26–21; 8:45 am] agreement (‘‘RSA’’) with FINRA, which rules (rather than individual rules would facilitate FINRA’s provision of within a category) that are not trading BILLING CODE 8011–01–P services to the Exchange under the RSA rules (e.g., the SRO has requested within the scope of those MIAX PEARL incorporation of rules such as margin, SMALL BUSINESS ADMINISTRATION Equities Rules.19 suitability, or arbitration); and The Commission has issued • The incorporating SRO has [License No. 05/05–0295] reasonable procedures in place to exemptions similar to the Exchange’s Northcreek Mezzanine Fund I, L.P.; 20 provide written notice to its members request. In granting one such Surrender of License of Small each time a change is proposed to the exemption in 2010, the Commission Business Investment Company repeated a prior, 2004 Commission incorporated rules of another SRO.22 statement that it would consider similar The Commission believes that the Pursuant to the authority granted to Exchange has satisfied each of these the United States Small Business 16 See id. conditions. The Commission also Administration under the Small 17 See id. at 3. believes that granting the Exchange an Business Investment Act of 1958, as 18 See id. exemption from the rule filing amended, under Section 309 of the Act 19 See id. requirements under Section 19(b) of the and Section 107.1900 of the Small 20 See, e.g., Securities Exchange Act Release Nos. Exchange Act will promote efficient use Business Administration Rules and 83296 (May 21, 2018), 83 FR 24362 (May 25, 2018) Regulations (13 CFR 107.1900) to (order granting NYSE National, Inc.’s exemptive of Commission and Exchange resources request relating to rules of FINRA incorporated by by avoiding duplicative rule filings function as a small business investment reference); 83040 (April 12, 2018), 83 FR 17198 based on simultaneous changes to company under the Small Business (April 18, 2018) (order granting MIAX PEARL’s Investment Company License No. 05/ exemptive request relating to rules of MIAX identical rule text sought by more than 23 05–0295 issued to Northcreek incorporated by reference); 78101 (June 17, 2016), one SRO. The Commission therefore 81 FR 41141, 41165 (June 23, 2016) (order granting finds it appropriate in the public Mezzanine Fund I, L.P., said license is application for registration as a national securities interest and consistent with the hereby declared null and void. exchange of Investors’ Exchange, LLC and exemptive request relating to rules of FINRA protection of investors to exempt the United States Small Business incorporated by reference); 76998 (January 29, Exchange from the rule filing Administration. 2016), 81 FR 6066, 6083–84 (February 4, 2016) requirements under Section 19(b) of the Thomas G. Morris, (order granting application for registration as a Exchange Act with respect to the above- Acting Associate Administrator, Director, national securities exchange of ISE Mercury, LLC Office of SBIC Liquidation, Office of (now known as Nasdaq MRX, LLC) and exemptive described rules it has incorporated by request relating to rules of the International reference. This exemption is Investment and Innovation. Securities Exchange, LLC (now known as Nasdaq conditioned upon the Exchange [FR Doc. 2021–04138 Filed 2–26–21; 8:45 am] ISE, LLC) (‘‘ISE’’) incorporated by reference, promptly providing written notice to its BILLING CODE P including index options rules); 70050 (July 26, 2013), 78 FR 46622, 46642 (August 1, 2013) (order members whenever FINRA or MIAX granting application for registration as a national changes a rule that the Exchange has securities exchange of Topaz Exchange, LLC (now incorporated by reference. SMALL BUSINESS ADMINISTRATION known as Nasdaq GEMX, LLC) and exemptive request relating to rules of ISE incorporated by [Disaster Declaration #16876 and #16877; reference, including index options rules); 61152 21 See 17 CFR 240.0–12; Securities Exchange Act TEXAS Disaster Number TX–00591] (December 10, 2009), 74 FR 66699, 66709–10 Release No. 39624 (February 5, 1998), 63 FR 8101 (December 16, 2009) (order granting application for (February 18, 1998) (Commission Procedures for Presidential Declaration of a Major registration as a national securities exchange of C2 Filing Applications for Orders for Exemptive Relief Disaster for the State of Texas Options Exchange, Incorporated and exemptive Pursuant to Section 36 of the Exchange Act). request relating to rules of CBOE incorporated by 22 See BATS Options Market Order, supra note 20 AGENCY: U.S. Small Business reference, including index options rules). See also, (citing Securities Exchange Act Release No. 49260 Administration. e.g., Securities Exchange Act Release No. 61534 (February 17, 2004), 69 FR 8500 (February 24, 2004) (February 18, 2010), 75 FR 8760 (February 25, 2010) (order granting exemptive request relating to rules ACTION: Notice. (order granting BATS Exchange, Inc.’s exemptive incorporated by reference by several SROs) (‘‘2004 request relating to rules incorporated by reference Order’’)). by the BATS Exchange Options Market rules) 23 See id. at 8761. See also 2004 Order, supra note 24 15 U.S.C. 78mm. (‘‘BATS Options Market Order’’). 22, at 8502. 25 17 CFR 200.30–3(a)(76).

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SUMMARY: This is a Notice of the Kent, Kerr, Kimble, Kinney, Incident Period: 09/06/2020 through Presidential declaration of a major Kleberg, Lampasas, Lee, Leon, 11/05/2020. disaster for the State of Texas (FEMA– Limestone, Live Oak, Llano, DATES: Issued on 02/23/2021. 4586–DR), dated 02/19/2021. Marion, Mason, McCulloch, Physical Loan Application Deadline Incident: Severe Winter Storms. Medina, Milam, Mills, Mitchell, Date: 04/26/2021. Incident Period: 02/11/2021 and Morris, Navarro, Newton, Nolan, Economic Injury (EIDL) Loan continuing. Rains, Refugio, Robertson, Rusk, Application Deadline Date: 11/23/2021. San Augustine, San Saba, DATES: Issued on 02/19/2021. ADDRESSES: Submit completed loan Shackelford, Somervell, Starr, Physical Loan Application Deadline applications to: U.S. Small Business Throckmorton, Trinity, Uvalde, Date: 04/20/2021. Administration, Processing and Washington, Webb, Wilbarger, Economic Injury (EIDL) Loan Disbursement Center, 14925 Kingsport Willacy, Wood, Young, Zavala. Application Deadline Date: 11/19/2021. Road, Fort Worth, TX 76155. Louisiana: Caddo, Calcasieu, ADDRESSES: Submit completed loan Cameron, De Soto, Sabine. FOR FURTHER INFORMATION CONTACT: A. applications to: U.S. Small Business Oklahoma: Cotton, Jefferson, Love, Escobar, Office of Disaster Assistance, Administration, Processing and Tillman. U.S. Small Business Administration, Disbursement Center, 14925 Kingsport 409 3rd Street SW, Suite 6050, Road, Fort Worth, TX 76155. The Interest Rates are: Washington, DC 20416, (202) 205–6734. FOR FURTHER INFORMATION CONTACT: A. Percent SUPPLEMENTARY INFORMATION: Notice is Escobar, Office of Disaster Assistance, hereby given that as a result of the U.S. Small Business Administration, For Physical Damage: Administrator’s disaster declaration, 409 3rd Street SW, Suite 6050, Homeowners with Credit Avail- applications for disaster loans may be Washington, DC 20416, (202) 205–6734. able Elsewhere ...... 2.500 filed at the address listed above or other SUPPLEMENTARY INFORMATION: Notice is Homeowners without Credit locally announced locations. hereby given that as a result of the Available Elsewhere ...... 1.250 The following areas have been Businesses with Credit Avail- determined to be adversely affected by President’s major disaster declaration on able Elsewhere ...... 6.000 02/19/2021, applications for disaster Businesses without Credit the disaster: loans may be filed at the address listed Available Elsewhere ...... 3.000 Primary Counties: Grand. above or other locally announced Non-Profit Organizations with Contiguous Counties: locations. Credit Available Elsewhere ... 2.000 Colorado: Boulder, Clear Creek, Eagle, The following areas have been Non-Profit Organizations with- Gilpin, Jackson, Larimer, Routt, determined to be adversely affected by out Credit Available Else- Summit. the disaster: where ...... 2.000 For Economic Injury: The Interest Rates are: Primary Counties (Physical Damage and Businesses & Small Agricultural Economic Injury Loans): Cooperatives without Credit Percent Angelina, Aransas, Bastrop, Bee, Bell, Available Elsewhere ...... 3.000 Bexar, Blanco, Brazoria, Brazos, Non-Profit Organizations with- For Physical Damage: Brown, Burleson, Caldwell, out Credit Available Else- Homeowners with Credit Avail- Calhoun, Cameron, Chambers, where ...... 2.000 able Elsewhere ...... 2.375 Collin, Comal, Comanche, Cooke, Homeowners without Credit Coryell, Dallas, Denton, Dewitt, The number assigned to this disaster Available Elsewhere ...... 1.188 Businesses with Credit Avail- Ellis, Falls, Fort Bend, Galveston, for physical damage is 16876 7 and for economic injury is 16877 0. able Elsewhere ...... 6.000 Gillespie, Grimes, Guadalupe, Businesses without Credit Hardin, Harris, Hays, Henderson, (Catalog of Federal Domestic Assistance Available Elsewhere ...... 3.000 Hidalgo, Hood, Jasper, Jefferson, Number 59008) Non-Profit Organizations with Johnson, Kaufman, Kendall, Lavaca, Cynthia Pitts, Credit Available Elsewhere ... 2.750 Non-Profit Organizations with- Liberty, Madison, Matagorda, Acting Associate Administrator for Disaster Maverick, McLennan, Montague, out Credit Available Else- Assistance. where ...... 2.750 Montgomery, Nacogdoches, Nueces, [FR Doc. 2021–04198 Filed 2–26–21; 8:45 am] Orange, Palo Pinto, Panola, Parker, For Economic Injury: BILLING CODE 8026–03–P Businesses & Small Agricultural Polk, Rockwall, Sabine, San Jacinto, Cooperatives without Credit San Patricio, Scurry, Shelby, Smith, Available Elsewhere ...... 3.000 Stephens, Tarrant, Travis, Tyler, SMALL BUSINESS ADMINISTRATION Non-Profit Organizations with- Upshur, Van Zandt, Victoria, out Credit Available Else- Walker, Waller, Wharton, Wichita, [Disaster Declaration #16878 and #16879; where ...... 2.750 Williamson, Wilson, Wise. Colorado Disaster Number CO–00130] Contiguous Counties (Economic Injury Administrative Declaration of a The number assigned to this disaster Loans Only): Disaster for the State of Colorado for physical damage is 16878 5 and for Texas: Anderson, Archer, Atascosa, economic injury is 16879 0. Austin, Bandera, Baylor, Borden, AGENCY: U.S. Small Business The State which received an EIDL Bosque, Brooks, Burnet, Callahan, Administration. Declaration # is Colorado. Camp, Cherokee, Clay, Coleman, ACTION: Notice. (Catalog of Federal Domestic Assistance Colorado, Dimmit, Eastland, Erath, Number 59008) Fannin, Fayette, Fisher, Freestone, SUMMARY: This is a notice of an Garza, Goliad, Gonzales, Grayson, Administrative declaration of a disaster Tami Perriello, Gregg, Hamilton, Harrison, Hill, for the State of Colorado dated 02/23/ Acting Administrator. Houston, Howard, Hunt, Jack, 2021. [FR Doc. 2021–04135 Filed 2–26–21; 8:45 am] Jackson, Jim Wells, Karnes, Kenedy, Incident: Wildfires. BILLING CODE 8026–03–P

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SOCIAL SECURITY ADMINISTRATION information technology. Mail, email, or them to OMB within 60 days from the fax your comments and date of this notice. To be sure we [Docket No: SSA–2021–0003] recommendations on the information consider your comments, we must collection(s) to the OMB Desk Officer receive them no later than April 30, Agency Information Collection and SSA Reports Clearance Officer at 2021. Individuals can obtain copies of Activities: Proposed Request and the following addresses or fax numbers. the collection instruments by writing to Comment Request (OMB) Office of Management and the above email address. The Social Security Administration Budget, Attn: Desk Officer for SSA 1. Certification by Religious Group— 20 CFR 404.1075—0960–0093. SSA is (SSA) publishes a list of information Comments: https://www.reginfo.gov/ responsible for determining whether collection packages requiring clearance public/do/PRAMain. Submit your religious groups meet the qualifications by the Office of Management and comments online referencing Docket ID exempting certain members and sects Budget (OMB) in compliance with Number [SSA–2021–0003]. Public Law 104–13, the Paperwork from payment of Self-Employment Reduction Act of 1995, effective October (SSA) Social Security Administration, Contribution Act taxes under the 1, 1995. This notice includes revisions OLCA, Attn: Reports Clearance Internal Revenue Code, Section 1402(g). of OMB-approved information Director, 3100 West High Rise, 6401 SSA sends Form SSA–1458, collections. Security Blvd., Baltimore, MD 21235, Certification by Religious Group, to a SSA is soliciting comments on the Fax: 410–966–2830, Email address: group’s authorized spokesperson to accuracy of the agency’s burden [email protected] complete and verify organizational estimate; the need for the information; Or you may submit your comments members meet or continue to meet the its practical utility; ways to enhance its online through https://www.reginfo.gov/ criteria for exemption. The respondents quality, utility, and clarity; and ways to public/do/PRAMain, referencing Docket are spokespersons for religious groups minimize burden on respondents, ID Number [SSA–2021–0003]. or sects. including the use of automated I. The information collections below Type of Request: Revision of an OMB- collection techniques or other forms of are pending at SSA. SSA will submit approved information collection.

Average Average Estimated theoretical Total annual Modality of completion Number of Frequency burden per total annual hourly cost opportunity respondents of response response burden amount cost (minutes) (hours) (dollars) * (dollars) **

SSA–1458 ...... 142 1 45 107 *$25.72 **$2,752 * We based this figure on the average U.S. citizen’s hourly salary, as reported by the U.S. Bureau of Labor Statistics (https://www.bls.gov/oes/ current/oes_nat.htm). ** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete the application.

2. Filing Claims Under the Federal duties. SSA accepts claims filed under information SSA can use to determine Tort Claims Act—20 CFR 429.101– the FTCA for damages against the whether to make an award, compromise, 429.110—0960–0667. The Federal Tort United States; loss of property; personal or settlement under the FTCA. The Claims Act (FTCA) is the mechanism for injury; or death resulting from an SSA respondents are individuals or entities compensating people who Federal employee’s wrongful act or omission. making a claim under the FTCA. employees injured through negligent or The various types of claims included Type of Request: Revision of an OMB- wrongful acts that occurred during the under this information collection performance of those employees’ official request require claimants to provide approved information collection.

Average Average Estimated theoretical Total annual Regulation citations Number of Frequency of burden per total annual hourly cost opportunity respondents response response burden amount cost (minutes) (hours) (dollars) ** (dollars) ***

429.102; 429.103 * ...... 1 1 1 0 **$25.72 ***$0 429.104(a) ...... 11 1 5 1 **25.72 ***26 429.104(b) ...... 43 1 5 4 **25.72 ***103 429.104(c) ...... 1 1 5 0 **25.72 ***0 429.106(b) ...... 8 1 10 1 **25.72 ***26

Totals ...... 64 ...... 6 ...... *** 155 * We are including a one-hour placeholder burden for 20 CFR 429.102 and 429.103, as respondents complete OMB-approved Form SF–95, OMB No. 1105–0008. Since the burden for these citations is covered under a separate OMB number, we are not double-counting the burden here. ** We based this figure on the average U.S. citizen’s hourly salary, as reported by the U.S. Bureau of Labor Statistics (https://www.bls.gov/oes/ current/oes_nat.htm). *** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete the application.

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3. Application for Extra Help with subsidies for eligible Medicare beneficiaries, and to make a subsidy Medicare Prescription Drug Plan beneficiaries. SSA uses Form SSA– decision. The respondents are Medicare Costs—20 CFR 418.3101—0960–0696. 1020, or the internet version, i1020, the beneficiaries applying for the Part D The Medicare Modernization Act of Application for Extra Help with low-income subsidy. 2003 mandated the creation of the Medicare Prescription Drug Plan Costs, Type of Request: Revision of an OMB- Medicare Part D prescription drug to obtain income and resource approved information collection. coverage program and the provision of information from Medicare

Average Frequency Average Estimated theoretical Average Total annual Modality of completion Number of of burden per total annual hourly cost wait time in opportunity respondents response response burden amount field office cost (minutes) (hours) (dollars) * (minutes) ** (dollars) ***

SSA–1020 (paper applications) ...... 448,836 1 30 224,418 *$25.72 0 ***$5,772,031 i1020 (online applications) 365,871 1 25 152,446 25.72 0 *** 3,920,911 Field Office Interviews ..... 85,873 1 30 42,937 * 25.72 ** 24 *** 1,987,796

Totals ...... 900,580 ...... 419,801 ...... *** 11,680,738 * We based this figure on the average U.S. citizen’s hourly salary, as reported by the U.S. Bureau of Labor Statistics (https://www.bls.gov/oes/ current/oes_nat.htm). ** We based this figure on the average FY 2020 wait times for field offices, based on SSA’s current management information data. *** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete the application.

4. Rules of Conduct and Standards of about a claimant’s disability, or if the administrative action to disqualify the Responsibility for Appointed representative referred or suggested that representative in lieu of disciplinary Representatives—20 CFR the claimant seek an examination from, proceedings. If the disqualification 404.1740(b)(5), 404.1740(b)(6), treatment by, or the assistance of the occurs after the appointment of the 404.1740(b)(9), 416.1540(b)(5), individual providing opinion evidence; representative, the representative will 416.1540(b)(6), and 416.1540(b)(9)— • 20 CFR 404.1740(b)(6) and immediately disclose the 0960–0804. Section 205(a) of the Social 416.1540(b)(6)—These sections require disqualification to SSA; and Security Act (Act) authorizes SSA’s representatives to disclose to SSA • 20 CFR 404.1740(b)(9) and Commissioner to make rules and immediately if the representative 416.1540(b)(9)—These sections require regulations and to establish procedures discovers that his or her services are or representatives to disclose to SSA which are necessary or appropriate. were used by the claimant to commit whether the representative has been Section 1631(d)(1) of the Act fraud against SSA; removed from practice or suspended by incorporates section 205(a) and applies • 20 CFR 404.1740(b)(7) and a professional licensing authority for it to Title XVI of the Act. Additionally, 416.1540(b)(7)—These sections require reasons that reflect on the sections 206(a) and 1631(d)(2) of the Act representatives to disclose to SSA representative’s character, integrity, provide that the Commissioner has the whether the representative is or has judgment, reliability, or fitness to serve authority to establish rules and been disbarred or suspended from any as a fiduciary. If the removal or regulations governing the recognition of bar or court to which he or she was suspension occurs after the appointment individuals who represent claimants previously admitted to practice, of the representative, the representative before the Commissioner. Individuals including instances in which a bar or will immediately disclose the removal appointed to represent claimants before court took administrative action to or suspension to SSA. SSA must report to SSA in writing disbar or suspend the representative in A representative’s obligation to report whenever one of the following lieu of disciplinary proceedings; If the these events is ongoing, and SSA situations in our revised regulations disbarment or suspension occurs after requires representatives to report any occurs: the appointment of the representative, time one or more of these events occurs. • 20 CFR 404.1740(b)(5) and the representative will immediately We consider this information essential 416.1540(b)(5)—These sections require disclose the disbarment or suspension to ensure the integrity of our representatives to disclose to SSA in to SSA; administrative process and to safeguard writing, at the time a medical or • 20 CFR 404.1740(b)(8) and the rights of all claimants. SSA requires vocational opinion is submitted to SSA, 416.1540(b)(8)—These sections require representatives to notify SSA in writing, or as soon as the representative is aware representatives to disclose to SSA but there is no prescribed format for of the submission to us, if the whether the representative is or has these reports. The respondents are representative’s employee or any been disqualified from participating in individuals appointed to represent individual contracting with the or appearing before any Federal program claimants before SSA. representative drafted, prepared, or or agency, including instances in which Type of Request: Revision of an OMB- issued a medical or vocational opinion a Federal program or agency took approved information collection.

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Average Average Estimated theoretical Total annual Modality of completion Number of Frequency of burden per total annual hourly cost opportunity respondents response response burden amount cost (minutes) (hours) (dollars) * (dollars) **

404.1740(b)(5)/416.1540(b)(5) ...... 43,600 1 5 3,633 *$26.45* **$96,093 404.1740(b)(6)/416.1540(b)(6) ...... 2 1 5 0 *69.86 **0 404.1740(b)(7)/416.1540(b)(7) ...... 50 1 5 4 *69.86 **279 404.1740(b)(8)/416.1540(b)(8) ...... 10 1 5 1 *69.86 **70 404.170(b)(9)/416.1540(b)(9) ...... 10 1 5 1 *69.86 **70

Totals ...... 43,672 ...... 3,639 ...... ** 96,512 * We based these figures on average hourly wages for paralegals/legal assistants and lawyers as posted by the U.S. Bureau of Labor Statis- tics (https://www.bls.gov/oes/current/oes_nat.htm). ** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete the application.

II. SSA submitted the information Beneficiary—20 CFR 404.1520, request monthly earnings information collections below to OMB for clearance. 404.1571–404.1576, 404.1584–404.1593, from the recipient’s employer. SSA Your comments regarding these and 416.971–416.976—0960–0034. employees send the paper from SSA– information collections would be most Social Security disability recipients L725 to the employer to complete, and useful if OMB and SSA receive them 30 receive payments based on their use the earnings data we receive from days from the date of this publication. inability to engage in substantial gainful the employers to determine whether the To be sure we consider your comments, activity (SGA) because of a physical or recipient is engaging in SGA, since work we must receive them no later than mental condition. If the recipients work, above SGA level can cause a cessation March 31, 2021. Individuals can obtain SSA must evaluate if they continue to of disability payments. The respondents copies of these OMB clearance packages meet the disability requirements of the are businesses that employ Social law. When an individual is unable to by writing to OR.Reports.Clearance@ Security disability recipients. ssa.gov. provide earnings information and SSA 1. Letter to Employer Requesting does not have access to proof of Type of Request: Revision of an OMB- Information About Wages Earned By earnings, we use Form SSA–L725 to approved information collection.

SSA–L725 ...... 170,000 1 40 113,333 *$22.79 **$2,582,859 * We based this figure on the average Payroll and Timekeeping Clerks hourly salary, as reported by the Bureau of Labor Statistics data (https://www.bls.gov/oes/current/oes433051.htm). ** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete the application.

2. Request for Review of Hearing 520, or the internet application, i520. dismissal; (2) determine whether the Decision/Order—20 CFR 404.967– SSA uses the information we collect to claimant has additional evidence to 404.981, 416.1467–416.1481—0960– establish the claimant filed the request submit; and (3) determine whether the 0277. Claimants have a right under for review within the prescribed time, claimant has a representative or wants current regulations to request review of and to ensure the claimant completed to appoint one. The respondents are a judge’s hearing decision, or dismissal the requisite steps permitting the claimants requesting review of a judge’s of a hearing request on Title II and Title Appeals Council review. The Appeals decision or dismissal of hearing. XVI claims. Claimants may request Council then uses the information to: (1) Appeals Council review by filing a Document the claimant’s reason(s) for Type of Request: Revision of an OMB- written request using paper Form HA– disagreeing with the judge’s decision or approved information collection.

Average Average Estimated theoretical Average Total annual Modality of completion Number of Frequency of burden per total annual hourly cost wait time in opportunity respondents response response burden amount field office cost (minutes) (hours) (dollars) * (minutes) ** (dollars) ***

HA–520—Paper ...... 37,900 1 10 6,317 *$10.95 **24 ***$235,173 i520—Internet ...... 113,700 1 15 28,425 *10.95 ...... *** 311,254

Totals ...... 151,600 ...... 34,742 ...... *** 546,427 * We based this figure on average DI payments based on SSA’s current FY 2021 data (https://www.ssa.gov/legislation/2021FactSheet.pdf). ** We based this figure on the average FY 2020 wait times for field offices, based on SSA’s current management information data.

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*** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete the application.

3. Authorization to Disclose evidence to make eligibility the i827, SSA or the State DDS sends Information to SSA—20 CFR 404.1512 determinations for Title II and Title XVI the form to the designated source(s) to and 416.912, 45 CFR 160 and 164— payments. The applicants use Form obtain pertinent records. The 0960–0623. Sections 223(d)(5)(A) and SSA–827, or the internet counterpart, respondents are applicants for Title II 1614(a)(3)(H)(i) of the Act require i827, to provide consent for the release and Title XVI disability payments. claimants to provide medical and other of medical records, education records, Type of Request: Revision of an OMB- evidence the Commissioner of Social and other information related to their approved information collection. Security may require to prove they are ability to perform tasks. Once the disabled. SSA must obtain sufficient applicant completes Form SSA–827, or

Average Average Estimated theoretical Average Total annual Modality of completion Number of Frequency burden per total annual hourly cost wait time in opportunity respondents of response response burden amount field office cost (minutes) (hours) (dollars) * (minutes) ** (dollars) ***

SSA–827 with electronic signature (EDCS & eAuthorization) ...... 4,189,270 1 9 628,391 *$10.95 ...... *** $6,880,881 SSA–827 with wet signature (paper version) ...... 1,055,807 1 10 175,968 * 10.95 ** 24 *** 6,551,286

Totals ...... 5,245,077 ...... 804,359 ...... *** 13,432,167 * We based this figure on average DI payments based on SSA’s current FY 2021 data (https://www.ssa.gov/legislation/2021FactSheet.pdf). ** We based this figure on the average FY 2020 wait times for field offices, based on SSA’s current management information data. *** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete the application.

4. State Death Match Collections—20 deaths of beneficiaries. Under the Act, Death Registration Process (EDR). Both CFR 404.301, 404.310–404.311, 404.316, entitlement to retirement, disability, death match processes are automated 404.330–404.341, 404.350–404.352, wife’s, husband’s, or parent’s benefits electronic transfers between the states 404.371, and 416.912—0960–0700. SSA terminate when the beneficiary dies. and SSA. The respondents are the uses the State Death Match Collections The states furnish death certificate states’ bureaus of vital statistics. to ensure the accuracy of payment files information to SSA via the manual Type of Request: Revision of an OMB- by detecting unreported or inaccurate registration process or the Electronic approved information collection.

Average Average cost Estimated theoretical Total annual Modality of completion Number of Frequency of per record total annual hourly cost opportunity respondents response request burden amount cost (hours) (dollars) ** (dollars) ***

State Death Match-CyberFusion/GSO: Non-EDR Records from EDR sites .. 39 68,621 $0.88 $2,355,072 ** $21.09 *** $1,447,217 State Death Match-CyberFusion/GSO: Non-EDR sites...... 5 187,570 0.88 825,308 ** 21.09 ***3,955,851

Total: Non-EDR ...... 44 ...... 3,180,380 ...... 5,403,068 State Death Match-EDR ...... 48 2,573,956 2.05 253,277,270 ** 21.09 *** 54,284,732 States Expected to Become—State Death Match-EDR Within the Next 3 Years ** ...... 5 62,600 3.17 992,210 **21.09 ***1,320,234 Totals: EDR and Expected EDR .. 53 ...... 254,269,480 ...... *** 55,604,966

Grand Totals ...... 97 ...... 257,449,860 ...... *** 61,008,034 * Please note that both of these data matching processes are electronic and there is only a cost burden, and no hourly burden for the respondent to provide this information. ** We based this figure on the average State BVSs hourly wages, as reported by Bureau of Labor Statistics data (https://www.bls.gov/oes/current/oes434199.htm). *** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete the application.

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Dated: February 24, 2021. SUPPLEMENTARY INFORMATION: We are In accordance with 5 U.S.C. 552a(r), Naomi Sipple, modifying the system manager to we provided a report to OMB and Reports Clearance Officer, Social Security include up-to-date contact information Congress on this modified system of Administration. per OMB Circular A–108, ‘‘Federal records. Agency Responsibilities for Review, [FR Doc. 2021–04165 Filed 2–26–21; 8:45 am] Matthew Ramsey, BILLING CODE 4191–02–P Reporting, and Publication under the Privacy Act.’’ We are modifying the Executive Director, Office of Privacy and Disclosure, Office of the General Counsel. policies and practices for retention and SOCIAL SECURITY ADMINISTRATION disposal of records to include the System Name and Number National Archives and Records Travel and Border Crossing Records, [Docket No. SSA–2020–0007] Administration (NARA) General 60–0389. Records Schedule (GRS) 4.2 Information Privacy Act of 1974; System of Access and Protection Records, Item SECURITY CLASSIFICATION: Records 130, Personally Identifiable Information Unclassified. Extracts. Lastly, we are modifying the AGENCY: Social Security Administration notice throughout to correct SYSTEM LOCATION: (SSA). miscellaneous stylistic formatting and Social Security Administration, ACTION: Notice of a modified system of typographical errors of the previously Deputy Commissioner of Operations, records. published notice to ensure the language Office of Electronic Services and SUMMARY: In accordance with the reads consistently across multiple Technology, Division of Programmatic Privacy Act, we are issuing public systems. We are republishing the entire Applications, 6401 Security Boulevard, notice of our intent to modify an notice for ease of reference. Baltimore, MD 21235. existing system of records entitled, In an effort to mitigate improper SYSTEM MANAGER(S): Travel and Border Crossing Records payments, we established the Travel (60–0389), last published on March 3, and Border Crossing Records to collect Social Security Administration, 2019. This notice publishes details of information about applicants, Deputy Commissioner of Operations, the modified system as set forth under beneficiaries, and recipients under Office of Electronic Services and the caption, SUPPLEMENTARY Titles II, XVI, and XVIII who are or have Technology, Division of Programmatic INFORMATION. been absent from the United States Applications, 6401 Security Boulevard, (U.S.) for certain periods of time. Baltimore, MD 21235, 410–965–5855 DATES: The system of records notice Generally, we rely on individuals to AUTHORITY FOR MAINTENANCE OF THE SYSTEM: (SORN) is applicable upon its self-report their foreign travel. publication in today’s Federal Register, Oftentimes, we do not receive these Sections 202(n), (t), and (y), 1611(f), with the exception of the routine uses, reports or we receive them untimely, 1818 and 1836 of the Social Security which are effective March 31, 2021. We which results in improper payments. In Act (42 U.S.C. 402(n), (t), and (y), invite public comment on the routine general, we suspend Title II benefits to 1382(f), 1395i–2, and 1395o); 8 U.S.C. uses or other aspects of this SORN. In aliens who remain outside of the U.S. 1373(c). accordance with 5 U.S.C. 552a(e)(4) and for more than six consecutive calendar PURPOSE(S) OF THE SYSTEM: (e)(11), the public is given a 30-day months. We generally suspend Title II We will use the information in this period in which to submit comments. benefits to both U.S. citizens and non- system to identify applicants, Therefore, please submit any comments U.S. citizens who travel to a country beneficiaries, and recipients under by March 31, 2021. where payment is restricted by the U.S. Titles II, XVI, and XVIII of the Social ADDRESSES: The public, Office of Additionally, we suspend Title XVI Security Act who have had absences Management and Budget (OMB), and payments to both citizen and non- from the U.S. to establish or verify Congress may comment on this citizen recipients who are outside of the initial or ongoing entitlement to or publication by writing to the Executive U.S. for a full calendar month or 30 eligibility for benefits or payments Director, Office of Privacy and consecutive days or longer. SSA is not under Titles II, XVI, and XVIII of the Disclosure, Office of the General responsible for making Title XVIII Social Security Act. Counsel, SSA, Room G–401 West High payment determinations on claims for Rise, 6401 Security Boulevard, services submitted to the Centers for CATEGORIES OF INDIVIDUALS COVERED BY THE Baltimore, Maryland 21235–6401, or Medicare and Medicaid Services. SYSTEM: through the Federal e-Rulemaking Portal However, the information collected in Applicants, recipients, and at http://www.regulations.gov. Please this system will be used for two beneficiaries under Titles II, XVI, and reference docket number SSA–2020– purposes relating to Title XVIII. First, XVIII of the Social Security Act. 0007. All comments we receive will be because Medicare enrollment criteria available for public inspection at the requires residence in the U.S., SSA will CATEGORIES OF RECORDS IN THE SYSTEM: above address and we will post them to use this information to make initial and This system maintains information http://www.regulations.gov. reconsideration decisions on Medicare collected about applicants, recipients, or FOR FURTHER INFORMATION CONTACT: entitlement claims. Second, SSA will beneficiaries under Titles II, XVI, and Navdeep Sarai, Government Information use this information to make XVIII of the Social Security Act who Specialist, Privacy Implementation determinations on physical presence in have had absences from the U.S. The Division, Office of Privacy and the U.S. and will update the Master information may include name, Social Disclosure, Office of the General Beneficiary Record (MBR) system of Security number (SSN), date of birth, Counsel, SSA, Room G–401 West High records with those determinations. The gender, country of citizenship, country Rise, 6401 Security Boulevard, Centers for Medicare and Medicaid of travel, deportation information, alien Baltimore, Maryland 21235–6401, Services may use information from the registration number, immigration telephone: 410–966–5855, email: MBR in making decisions on whether a document type and number, travel [email protected]. Medicare claim can be paid. mode, date and time of departure from

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the U.S., and date and time of arrival systems, programs, and operations), the POLICIES AND PRACTICES FOR STORAGE OF into the U.S. Federal Government, or national RECORDS: security, resulting from a suspected or We will maintain records in this RECORD SOURCE CATEGORIES: confirmed breach. system in paper and electronic form. We obtain information in this system 6. To the Department of Justice (DOJ), from applicants, recipients, and POLICIES AND PRACTICES FOR RETRIEVAL OF a court or other tribunal, or another RECORDS beneficiaries under Titles II, XVI and : party before such court or tribunal, XVIII of the Social Security Act, and We will retrieve records by the names, when: from the Department of Homeland SSN, and date of birth of applicants, Security, Customs and Border (a) SSA, or any component thereof; or recipients, or beneficiaries under Titles Protection’s Arrival and Departure (b) any SSA employee in his/her II, XVI, and XVIII of the Social Security Information System under established official capacity; or Act. data exchange agreements. (c) any SSA employee in his/her POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS: ROUTINE USES OF RECORDS MAINTAINED IN THE individual capacity where DOJ (or SSA, SYSTEM, INCLUDING CATEGORIES OF USERS AND where it is authorized to do so) has In accordance with the approved THE PURPOSES OF SUCH USES: agreed to represent the employee; or NARA rules codified at 36 CFR 1225.16, We will disclose records pursuant to (d) the United States or any agency we maintain records in accordance with the following routine uses, however, we thereof where SSA determines the NARA General Records Schedule 4.2 will not disclose any information litigation is likely to affect SSA or any Information Access and Protection defined as ‘‘return or return of its components, Records, Item 130 Personally Identifiable Information Extracts. See information’’ under 26 U.S.C. 6103 of is a party to the litigation or has an the Internal Revenue Code, unless https://www.archives.gov/files/records- interest in such litigation, and SSA mgmt/grs/grs04-2.pdf. authorized by statute, the Internal determines that the use of such records Revenue Service (IRS), or IRS by DOJ, a court or other tribunal, or ADMINISTRATIVE, TECHNICAL, AND PHYSICAL regulations. another party before the tribunal is SAFEGUARDS: 1. To a congressional office in relevant and necessary to the litigation, We retain electronic and paper files response to an inquiry from that office provided, however, that in each case, with personal identifiers in secure made on behalf of, and at the request of, the agency determines that disclosures storage areas accessible only by our the subject of the record or third party of the records to DOJ, court or other authorized employees and contractors acting on the subject’s behalf. tribunal, or another party is a use of the who have a need for the information 2. To the Office of the President in information contained in the records when performing their official duties. response to an inquiry from that office that is compatible with the purpose for Security measures include the use of made on behalf of, and at the request of, which the records were collected. codes and profiles, personal the subject of the record or a third party identification number (PIN) and acting on the subject’s behalf. 7. To Federal, State and local law enforcement agencies and private password, and personal identification 3. To the National Archives and verification cards. We further restrict Records Administration (NARA) under security contractors, as appropriate, information necessary: the electronic records by the use of the 44 U.S.C. 2904 and 2906. PIN for only those employees who are 4. To appropriate agencies, entities, (a) To enable them to protect the authorized to access the system. We and persons when: safety of SSA employees and customers, keep paper records in locked cabinets (a) SSA suspects or has confirmed the security of the SSA workplace, the within secure areas, with access limited that there has been a breach of the operation of SSA facilities, or to only those employees who have an system of records; (b) to assist investigations or official need for access in order to (b) SSA has determined that as a prosecutions with respect to activities perform their duties. result of the suspected or confirmed that affect such safety and security or We annually provide our employees breach, there is a risk of harm to activities that disrupt the operations of and contractors with appropriate individuals, SSA (including its SSA facilities. security awareness training that information systems, programs, and includes reminders about the need to operations), the Federal Government, or 8. To contractors and other Federal agencies, as necessary, for the purpose protect PII and the criminal penalties national security; and that apply to unauthorized access to, or (c) the disclosure made to such of assisting SSA in the efficient administration of its programs. We disclosure of, PII (e.g., 5 U.S.C. agencies, entities, and persons is 552a(i)(1)). Furthermore, employees and reasonably necessary to assist in disclose information under this routine use only in situations in which SSA contractors with access to databases connections with SSA’s efforts to maintaining PII must sign a sanctions respond to the suspected or confirmed may enter into a contractual or similar agreement with a third party to assist in document annually, acknowledging breach or to prevent, minimize, or their accountability for inappropriately remedy such harm. accomplishing an agency function relating to this system of records. accessing or disclosing such 5. To another Federal agency or information. Federal entity, when SSA determines 9. To student volunteers, individuals that information from this system of working under a personal services RECORD ACCESS PROCEDURES: records is reasonably necessary to assist contract, and other workers who Individuals may submit requests for the recipient agency or entity in: technically do not have the status of information about whether this system (a) Responding to a suspected or Federal employees when they are contains a record about them by confirmed breach; or performing work for SSA, as authorized submitting a written request to the (b) preventing, minimizing, or by law, and they need access to system manager at the above address, remedying the risk of harm to personally identifiable information (PII) which includes their name, SSN, or individuals, the recipient agency or in SSA records in order to perform their other information that may be in this entity (including its information assigned agency functions. system of records that will identify

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them. Individuals requesting DEPARTMENT OF TRANSPORTATION OMB Control Number: 2120–0049. notification of, or access to, a record by Title: Agricultural Aircraft mail must include (1) a notarized Federal Aviation Administration Operations. statement to us to verify their identity [Docket No. FAA–2021–0168] Form Numbers: FAA Form 8710–3. or (2) must certify in the request that Type of Review: Renewal. they are the individual they claim to be Agency Information Collection Background: This collection involves and that they understand that the Activities: Requests for Comments; the application for issuance or knowing and willful request for, or Clearance of a Renewed Approval of amendment of a 14 CFR part 137 acquisition of, a record pertaining to Information Collection: Agricultural Agricultural Aircraft Operator another individual under false pretenses Aircraft Operations Certificate. Application for an original is a criminal offense. certificate or amendment of a certificate AGENCY: Federal Aviation issued under 14 CFR part 137 is made Individuals requesting notification of, Administration (FAA), DOT on a form, and in a manner prescribed or access to, records in person must ACTION: Notice and request for by the Administrator. The FAA form provide their name, SSN, or other comments. 8710–3 may be obtained from an FAA information that may be in this system Flight Standards District Office, or SUMMARY: In accordance with the of records that will identify them, as online at https://www.faa.gov/forms/ Paperwork Reduction Act of 1995, FAA well as provide an identity document, index.cfm/go/document.information/ invites public comments about our preferably with a photograph, such as a documentID/1020386. The completed intention to request Office of driver’s license. Individuals lacking application is sent to the district office Management and Budget (OMB) identification documents sufficient to that has jurisdiction over the area in approval to renew an information establish their identity must certify in which the applicant’s home base of collection. The collection involves the writing that they are the individual they operation is located. submission of FAA Form 8710–3 for the The information collected includes: claim to be and that they understand certification process of agricultural Type of application, operator’s name/ that the knowing and willful request for, aircraft operators, and other reporting DBA, telephone number, mailing or acquisition of, a record pertaining to and recordkeeping activities required of address, physical address of the another individual under false pretenses agricultural aircraft operators. The principal base of operations, chief pilot/ is a criminal offense. information to be collected is necessary designee name, airman certificate grade These procedures are in accordance to evaluate the applicants’ qualifications and number, and aircraft make/model for certification. This collection also with our regulations at 20 CFR 401.40 and registration numbers to be used. involves the submission of information and 401.45. This information collection also in petitions for exemption by includes safety mitigation plans and CONTESTING RECORD PROCEDURES: agricultural aircraft operators, plans for public interest statements in petitions operations over congested areas, and for exemption; plans for operations over Same as record access procedures. recordkeeping requirements for congested areas; and recordkeeping Individuals should also reasonably agricultural aircraft operators. identify the record, specify the requirements. DATES: Written comments should be information they are contesting, and Respondents: There are 1,763 active submitted by April 30, 2021. state the corrective action sought and agricultural aircraft operators. ADDRESSES: the reasons for the correction with Please send written Approximately 50 operators are comments: supporting justification showing how certificated annually, and By Electronic Docket: the record is incomplete, untimely, approximately 50 certificates are www.regulations.gov (Enter docket inaccurate, or irrelevant. These surrendered or revoked. number into search field). Frequency: New applications when procedures are in accordance with our By mail: Dwayne C. Morris, 800 regulations at 20 CFR 401.65(a). needed; current 14 CFR part 137 Independence Ave. SW, Washington, certificate do not expire, but may need DC 20591. NOTIFICATION PROCEDURES: to be amended on occasion. By email: [email protected]. Estimated Average Burden per Same as record access procedures. FOR FURTHER INFORMATION CONTACT: Response: The FAA anticipates 100 These procedures are in accordance Raymond Plessinger by email at: applications for new certificates, at 0.5 with our regulations at 20 CFR 401.40 [email protected]; phone: hours each; 100 applications for and 401.45. 717–443–7296. amendment, at 0.5 hours each; 100 SUPPLEMENTARY INFORMATION: petitions for exemption, at 0.5 hours EXEMPTIONS PROMULGATED FOR THE SYSTEM: Public Comments Invited: You are each; and 350 submissions of plans for None. asked to comment on any aspect of this operations over congested areas, at 0.5 information collection, including (a) hours each. The total reporting burden HISTORY: Whether the proposed collection of is thus 650 responses and 325 hours. information is necessary for FAA’s All operators certificated under part 84 FR 9195, Travel and Border performance; (b) the accuracy of the 137 are required to maintain certain Crossing Records. estimated burden; (c) ways for FAA to records for a minimum of 12 months. [FR Doc. 2021–04084 Filed 2–26–21; 8:45 am] enhance the quality, utility and clarity The FAA estimates this recordkeeping BILLING CODE 4191–02–P of the information collection; and (d) burden at 4.5 hours per operator. ways that the burden could be Assuming a universe of 1,763 operators, minimized without reducing the quality the annual recordkeeping burden is of the collected information. The agency 7,934 hours. will summarize and/or include your Estimated Total Annual Burden: 325 comments in the request for OMB’s reporting hours + 7,934 recordkeeping clearance of this information collection. hours = 8,259 total hours.

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Issued in Washington, DC, on February 23, http://www.regulations.gov, as proposed extension of the eastbound 2021. described in the system of records truck climbing lane on Interstate 10 in Dwayne C. Morris, notice (DOT/ALL–14 FDMS), which can the Counties of San Bernardino and Project Manager, Flight Standards Service, be reviewed at http://www.dot.gov/ Riverside, State of California. Those General Aviation and Commercial Division. privacy. actions grant licenses, permits, and [FR Doc. 2021–04072 Filed 2–26–21; 8:45 am] Docket: Background documents or approvals for the project. BILLING CODE 4910–13–P comments received may be read at DATES: By this notice, the FHWA, on http://www.regulations.gov at any time. behalf of Caltrans, is advising the public Follow the online instructions for of final agency actions subject to 23 DEPARTMENT OF TRANSPORTATION accessing the docket or go to the Docket U.S.C. 139(l)(1). A claim seeking Operations in Room W12–140 of the judicial review of the Federal agency Federal Aviation Administration West Building Ground Floor at 1200 actions on the highway project will be [Summary Notice No.—2021–2055] New Jersey Avenue SE, Washington, DC barred unless the claim is filed on or 20590–0001, between 9 a.m. and 5 p.m., before July 29, 2021. If the Federal law Petition for Exemption; Summary of Monday through Friday, except Federal that authorizes judicial review of a Petition Received; Billings Flying holidays. claim provides a time period of less Service FOR FURTHER INFORMATION CONTACT: than 150 days for filing such claim, then Jesse Holston (202) 267–0810, Office of that shorter time period applies. AGENCY: Federal Aviation Rulemaking, Federal Aviation FOR FURTHER INFORMATION CONTACT: For Administration (FAA), Department of Administration, 800 Independence Caltrans: Antonia Toledo, Senior Transportation (DOT). Avenue SW, Washington, DC 20591. Environmental Planner, Environmental ACTION: Notice. This notice is published pursuant to Studies D, California Department of 14 CFR 11.85. Transportation—District 8, 464 West 4th SUMMARY: This notice contains a Street, MS–820, San Bernardino, CA summary of a petition seeking relief Issued in Washington, DC. 9240. Office Hours: 8:00 a.m.–5:00 p.m., from specified requirements of Federal Timothy R. Adams, Pacific Standard Time, telephone (909) Aviation Regulations. The purpose of Deputy Executive Director, Office of 501–5741 or email Antonia.Toldeo@ this notice is to improve the public’s Rulemaking. dot.ca.gov. For FHWA, contact David awareness of, and participation in, the Petition for Exemption Tedrick of FHWA at (916) 498–5024 or FAA’s exemption process. Neither email [email protected]. publication of this notice nor the Docket No.: FAA–2020–1161. inclusion or omission of information in Petitioner: Billings Flying Service. SUPPLEMENTARY INFORMATION: Effective Section(s) of 14 CFR Affected: the summary is intended to affect the July I, 2007, FHWA assigned, and §§ 61.58(g) and 142.59(a)(1–2). legal status of the petition or its final Caltrans assumed, environmental Description of Relief Sought: The disposition. responsibilities for this project pursuant requested exemption seeks relief from to 23 U.S.C. 327. Notice is hereby given DATES: Comments on this petition must §§ 61.58(g) and 142.59(a)(1–2) of Title that the Caltrans has taken final agency identify the petition docket number and 14 Code of Federal Regulations (14 actions subject to 23 U.S.C. 139(l)(1) by must be received on or before March 22, CFR). The exemption, if granted would issuing licenses, permits, and approvals 2021. allow a pilot trained by the operator, for the following highway project in the ADDRESSES: Send comments identified Billings Flight Service, utilizing an State of California: Caltrans proposes to by docket number FAA–2020–1161 approved 14 CFR part 91 training extend the eastbound (EB) truck using any of the following methods: program, to use a purpose built CH–47D climbing lane (TCL) on Interstate 10 (I– • Federal eRulemaking Portal: Go to Chinook and UH–60A/L Blackhawk 10) from its current terminus, at the http://www.regulations.gov and follow simulator to conduct proficiency existing EB off-ramp to the Live Oak the online instructions for sending your checks, flight crewmember training, and interchange, to east of the County Line comments electronically. evaluations events. Road EB off-ramp, at the San Bernardino • Mail: Send comments to Docket [FR Doc. 2021–04094 Filed 2–26–21; 8:45 am] County and Riverside County line. I–10 Operations, M–30; U.S. Department of BILLING CODE 4910–13–P serves as the major east/west urban Transportation, 1200 New Jersey corridor and commuter route between Avenue SE, Room W12–140, West Los Angeles and San Bernardino and Building Ground Floor, Washington, DC DEPARTMENT OF TRANSPORTATION Riverside Counties. Rural areas in 20590–0001. eastern Riverside County are connected • Hand Delivery or Courier: Take Federal Highway Administration to the urban centers to the west via the comments to Docket Operations in I–10. The actions by the Federal Room W12–140 of the West Building Notice of Final Federal Agency Actions agencies, and the laws under which Ground Floor at 1200 New Jersey on Proposed Highway in California such actions were taken, are described Avenue SE, Washington, DC 20590– AGENCY: Federal Highway in the Final Environmental Assessment 0001, between 9 a.m. and 5 p.m., Administration (FHWA), Department of (FEA)/Finding of No Significant Impact Monday through Friday, except Federal Transportation (DOT). (FONSI) for the project, issued holidays. ACTION: Notice of limitation on claims November 10, 2020, and in other • Fax: Fax comments to Docket for judicial review of actions by the documents in Caltrans’ project records. Operations at (202) 493–2251. California Department of Transportation The FEA, FONSI, and other project Privacy: In accordance with 5 U.S.C. (Caltrans). records are available by contacting 553(c), DOT solicits comments from the Caltrans at the addresses provided public to better inform its rulemaking SUMMARY: The FHWA, on behalf of above. The Caltrans FEA, FONSI, and process. DOT posts these comments, Caltrans, is issuing this notice to other project records can be viewed and without edit, including any personal announce actions taken by Caltrans, that downloaded from the project website at information the commenter provides, to are final. The actions relate to a https://www.gosbcta.com/project/i-10-

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truck-climbing-lane/. This notice SUMMARY: The Internal Revenue Service, 1.951A–1(e)(1) applies to taxable years applies to all Federal agency decisions as part of its continuing effort to reduce of foreign corporations beginning after as of the issuance date of this notice and paperwork and respondent burden, December 31, 2017, and to taxable years all laws under which such actions were invites the general public and other of U.S. shareholders in which or with taken, including but not limited to: Federal agencies to take this which such taxable years of foreign 1. Council on Environmental Quality opportunity to comment on continuing corporations’ end. Current Actions: Regulations information collections, as required by There are no changes being made to the 2. National Environmental Policy Act of the Paperwork Reduction Act of 1995. regulations at this time. 1969, as amended, 42 U.S.C. 4321 et The IRS is soliciting comments Type of Review: Extension of a seq. concerning adopted ‘‘aggregate currently approved collection. 3. Federal-Aid Highway Act of 1970, 23 treatment’’ with respect to income U.S.C. 109 inclusion amounts arising from section Affected Public: Individuals, or 4. MAP–21, the Moving Ahead for 951A (the global intangible low tax Households. Progress in the 21st Century Act income inclusion or GILTI) for Estimated Number of Respondents: partnerships. (Pub. L. 112–141) 3,688. 5. Clean Air Act Amendments of 1990 DATES: Written comments should be Estimated Time per Respondent: .5 (CAAA) received on or before April 30, 2021 to 6. Clean Water Act of 1977 and 1987 be assured of consideration. minutes. 7. Federal Water Pollution Control Act ADDRESSES: Direct all written comments Estimated Total Annual Burden of 1972 (see Clean Water Act of to Kinna Brewington, Internal Revenue Hours: 1,844 hours. 1977 & 1987) Service, Room 6526, 1111 Constitution The following paragraph applies to all 8. Federal Land Policy and Management Avenue NW, Washington, DC 20224. of the collections of information covered Act of 1976 (Paleontological FOR FURTHER INFORMATION CONTACT: by this notice. Resources) Requests for additional information or 9. Noise Control Act of 1972 An agency may not conduct or copies of the form should be directed to sponsor, and a person is not required to 10. Endangered Species Act of 1973 Paul Adams, at (737) 800–6149 or 11. Executive Order 11990, Protection of respond to, a collection of information Internal Revenue Service, Room 6526, Wetlands unless the collection of information 1111 Constitution Avenue NW, 12. Executive Order 13112, Invasive Washington, DC 20224, or through the displays a valid OMB control number. Species internet, at [email protected]. Books or records relating to a collection 13. Executive Order 13186, Migratory of information must be retained as long SUPPLEMENTARY INFORMATION: Birds as their contents may become material 14. Fish and Wildlife Coordination Act Title: S Corporation Guidance under Section 958 (Rules for Determining in the administration of any internal of 1934, as amended revenue law. Generally, tax returns and 15. Migratory Bird Treaty Act Stock Ownership) and Guidance Regarding the Treatment of Qualified tax return information are confidential, 16. Executive Order 11988, Floodplain as required by 26 U.S.C. 6103. Management Improvement Property under the 17. Executive Order 12898, Federal Alternative Depreciation System for Request for Comments: Comments Actions to Address Environmental Purposes of the QBAI Rules for FDII and submitted in response to this notice will Justice and Low-income GILTI. be summarized and/or included in the OMB Number: 1545–2291. Populations request for OMB approval. All Regulation Numbers: TD 9986 and comments will become a matter of (Catalog of Federal Domestic Assistance Notice 2020–69. Program Number 20.205, Highway Planning Abstract: The Treasury Department public record. Comments are invited on: and Construction. The regulations and the IRS published final regulations (a) Whether the collection of implementing Executive Order 12372 (TD 9866) in the Federal Register (84 FR information is necessary for the proper regarding intergovernmental consultation on performance of the functions of the Federal programs and activities apply to this 29288) under § 951A (final regulations). The final regulations adopted ‘‘aggregate agency, including whether the program.) information shall have practical utility; (Authority: 23 U.S.C. 139(l)(1)) treatment’’ with respect to income inclusion amounts arising from section (b) the accuracy of the agency’s estimate Issued on: February 23, 2021. 951A (the global intangible low tax of the burden of the collection of Rodney Whitfield, income inclusion or GILTI) for information; (c) ways to enhance the Director, Financial Services, Federal Highway partnerships. Under aggregate treatment, quality, utility, and clarity of the Administration, California Division. for purposes of determining the GILTI information to be collected; (d) ways to [FR Doc. 2021–04099 Filed 2–26–21; 8:45 am] inclusion amount of any partner of a minimize the burden of the collection of BILLING CODE 4910–RY–P domestic partnership, each partner is information on respondents, including treated as proportionately owning the through the use of automated collection stock of a controlled foreign corporation techniques or other forms of information DEPARTMENT OF THE TREASURY (CFC) owned by the partnership within technology; and (e) estimates of capital the meaning of § 958(a) in the same or start-up costs and costs of operation, Internal Revenue Service manner as if the domestic partnership maintenance, and purchase of services were a foreign partnership. Because to provide information. Proposed Collection; Comment only a U.S. person that is a U.S. Request for Regulation Project shareholder can have a GILTI inclusion Approved: February 23, 2021. Chakinna B. Clemons, AGENCY: Internal Revenue Service (IRS), amount, a partner that is not a U.S. Treasury. shareholder of a partnership-owned CFC Supervisor Tax Analyst. does not have a GILTI inclusion amount ACTION: Notice and request for [FR Doc. 2021–04109 Filed 2–26–21; 8:45 am] determined by reference to the comments. BILLING CODE 4830–01–P partnership-owned CFC. Section

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DEPARTMENT OF THE TREASURY Parman at [email protected] to Members of the public may submit obtain teleconference access written statements for the Committee’s Internal Revenue Service instructions. Notifications of intent to review or seek additional information make an oral statement or to attend the by contacting Dr. Karen Block, Electronic Tax Administration meeting must be sent electronically no Designated Federal Officer, at (202) Advisory Committee; Meeting of the later than March 12, 2021. In addition, 443–5600, or by email at karen.block@ Advisory Committee any interested person may file a written va.gov. AGENCY: Internal Revenue Service, statement for consideration by the Dated: February 23, 2021. Treasury. ETAAC by sending it to PublicLiaison@ LaTonya L. Small, irs.gov. ACTION: Notice of meeting of Electronic Federal Advisory Committee Management Tax Administration Advisory Dated: Feb. 23, 2021. Officer. Committee. John A. Lipold, [FR Doc. 2021–04085 Filed 2–26–21; 8:45 am] Designated Federal Officer, Electronic Tax SUMMARY: Meeting of the Electronic Tax BILLING CODE P Administration Advisory Committee. Administration Advisory Committee (ETAAC) will be held virtually and by [FR Doc. 2021–04080 Filed 2–26–21; 8:45 am] BILLING CODE P DEPARTMENT OF VETERANS teleconference (a portion of which will AFFAIRS be open to the public). DATES: The meeting will be held March [OMB Control No. 2900–NEW] 16–17, 2021. DEPARTMENT OF VETERANS AFFAIRS ADDRESSES: Meeting of the ETAAC will Agency Information Collection Activity Under OMB Review: Survey of be held virtually and by teleconference. Research Advisory Committee on Gulf Individuals Using Their Entitlement to FOR FURTHER INFORMATION CONTACT: Mr. War Veterans’ Illnesses; Amended Educational Assistance Under the William S. Parman. Email: Notice of Meeting [email protected]. Telephone (202) Educational Assistance Programs 317–6247 (not a toll-free number). The Department of Veterans Affairs Administered by the Secretary of Veterans Affairs SUPPLEMENTARY INFORMATION: Notice is (VA) gives notice under the Federal Advisory Committee that the Research hereby given pursuant to section AGENCY: Veterans Benefits Advisory Committee on Gulf War 10(a)(2) of the Federal Advisory Administration, Department of Veterans Veterans’ Illnesses will meet by Committee Act, 5 U.S.C. App., that a Affairs. meeting of the ETAAC will be held teleconference on March 10, 2021. The ACTION: Notice. virtually by Zoom and teleconference on open session will convene at 11:00 a.m. Tuesday, March 16, 2021, and (EST) and end at 3:30 p.m. (EST). The SUMMARY: In compliance with the Wednesday, March 17, 2021. open session will be available to the Paperwork Reduction Act (PRA) of The purpose of the meeting is to public by connecting to: Webex URL: 1995, this notice announces that the discuss topics and questions that may https://veteransaffairs.webex.com/ Veterans Benefits Administration, be recommended for inclusion in a webappng/sites/veteransaffairs/ Department of Veterans Affairs, future report of the Committee. meeting/info/e5cfe05254aa4b6a81643 Department of Veterans Affairs, will A determination has been made as d1a35bb053f?siteurl=veterans submit the collection of information required by section 10(d) of the Federal affairs&MTID. Or, Join by phone: 1– abstracted below to the Office of Advisory Committee Act, 5. U.S.C. App. 404–397–1596 USA Toll Number; Management and Budget (OMB) for 2, that the portions of the meeting Meeting number (access code): 199 853 review and comment. The PRA dealing with issue briefings and fact- 4496. Meeting password: uiJMAfX*828. submission describes the nature of the finding related to securing the federal The purpose of the Committee is to information collection and its expected tax system against identity theft and provide advice and make cost and burden and it includes the refund fraud fall within the exceptions recommendations to the Secretary of actual data collection instrument. to the open meeting requirement set Veterans Affairs on proposed research DATES: Written comments and forth in 5 U.S.C. 552b(c)(9)(B), and that studies, research plans, and research recommendations for the proposed the public interest requires that such strategies relating to the health information collection should be sent portions be closed to public consequences of military service in the within 30 days of publication of this participation. Southwest Asia Theater of operations The portion of the meeting dealing during the Gulf War in 1990–1991. notice to www.reginfo.gov/public/do/ with other topics will begin at 3 p.m. The Committee will review VA PRAMain. Find this particular EST on March 17, 2021, and will program activities related to Gulf War information collection by selecting continue for as long as necessary to Veterans’ illnesses and updates on ‘‘Currently under 30-day Review—Open complete the discussion, but not beyond relevant scientific research published for Public Comments’’ or by using the 4 p.m. EST. Time permitting, after the since the last Committee meeting. This search function. Refer to ‘‘OMB Control close of this discussion by ETAAC meeting will include presentations from No. 2900–NEW. members, interested persons may make the 2020 VA-DoD Gulf War Illness State FOR FURTHER INFORMATION CONTACT: statements germane to this subject. of the Science Conference and Maribel Aponte, Office of Enterprise Persons wishing to make oral statements recommend next steps. and Integration, Data Governance should contact Mr. William S. Parman The meeting will include time Analytics (008), 1717 H Street NW, at [email protected] and include the reserved for public comments 30 Washington, DC 20006, (202) 266–4688 written text or outline of comments they minutes before the meeting closes. or email [email protected]. Please propose to make orally. Such comments Individuals who wish to address the refer to ‘‘OMB Control No. 2900–NEW’’ will be limited to 10 minutes in length. Committee may submit a 1–2 page in any correspondence. Persons who wish to attend the public summary of their comments for SUPPLEMENTARY INFORMATION: session should contact Mr. William S. inclusion in the official meeting record. Authority: 44 U.S.C. 3501–21.

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Title: Survey of Individuals Using respond to a collection of information Chair and the Executive Sponsor. There Their Entitlement to Educational unless it displays a currently valid OMB will be a general update from Veterans Assistance Under the Educational control number. The Federal Register Administration Greater Los Angeles Assistance Programs Administered by Notice with a 60-day comment period Healthcare System (VAGLAHS) on the Secretary of Veterans Affairs. soliciting comments on this collection COVID–19 response, and an overview of OMB Control Number: 2900–NEW. of information was published at 85 FR active land use agreements: specifically, Type of Review: New data collection. 246 on December 22, 2020, page 83682. VAGLAHS/University of California Los Abstract: The Educational Assistance Affected Public: Individuals. Angeles (UCLA) second lease Program Feedback Survey is designed to Estimated Annual Burden: 180 hours. amendment for baseball practice infield measure experience of beneficiaries of Estimated Average Burden per (Branca Family Field), and a educational assistance programs Respondent: 10 minutes. presentation from Brilliant Corners on administered by the Veterans Affairs Frequency of Response: One time. strategies to house homeless Veterans. (VA), including under chapters 30, 32, Estimated Number of Respondents: The Board’s Master Plan with Services 33, and 35 of title 38 United States 1,080. and Outcomes subcommittee and Code. The information will help the VA By direction of the Secretary. Outreach and Community Engagement improve programs and better serve Maribel Aponte, with Services and Outcomes Veterans interested in educational VA PRA Clearance Officer, Office of subcommittee, will report on activities assistance. Educational Assistance Enterprise and Integration, Data Governance since the last meeting, followed by an Program feedback data will be collected Analytics, Department of Veterans Affairs. out brief to the full Board on any draft using an online transactional survey or [FR Doc. 2021–04158 Filed 2–26–21; 8:45 am] recommendations considered for paper disseminated via an invitation BILLING CODE 8320–01–P forwarding to the SECVA. email or mailed letter sent to selected beneficiaries. The survey questionnaire A public comment session will occur from 4:55 p.m. to 5:45 p.m. Individuals includes 52 questions, though in DEPARTMENT OF VETERANS wishing to make public comments are actuality due to branching depending on AFFAIRS responses to each question respondents required to register during the WEBEX will complete anywhere from 8–49 Veterans and Community Oversight registration process. In the interest of questions (8 if respondents passed their and Engagement Board, Notice of time management, speakers will be held benefit to dependents; 39–49 questions Meeting to a 5-minute time limit and selected in for all other respondents). The survey the order of event registration. If time contains general rating-scale questions The Department of Veterans Affairs expires and your name was not selected, (e.g., a scale of 1–5 from Very (VA) gives notice under the Federal or you did not register to provide public dissatisfied to Very satisfied; or Not at Advisory Committee Act (FACA), 5 comment and would like to do so, you all effective to Extremely effective) to U.S.C. App. 2, that the Veterans and are asked to submit public comments assess satisfaction with educational Community Oversight and Engagement via email at [email protected] for assistance programs, resources, training Board (Board) will meet virtually on inclusion in the official meeting record. March 23, 2021. The meeting will begin as well as questions assessing To attend the meeting, use the and end as follows: education/training outcomes registration instructions—Registration (completion of program, current income Date Time Instructions: Select the ‘‘Register’’ level) and has been approved by the hyperlink in event status or the Education Service leadership. These March 23, 2021 .. 3 p.m. to 5:45 p.m. EST. ‘‘Register’’ button located bottom center questions have been mapped to the of the page. Attendees will then be Public Law 114–315 (December 15, The meetings are open to the public asked to identify themselves by first 2016) section 414. After the survey has and will be recorded. Members of the name, last name, email address, been distributed, recipients will have public can attend the meeting by affiliation (if any) and interest in making two weeks to complete the survey. registering at the link below: https:// a public comment. Please select Invitees will receive a reminder email or veteransaffairs.webex.com/ ‘‘Submit’’ to finish registration. You will mailed letter after one week. The sample veteransaffairs/onstage/g.php?MTID= receive a confirmation email from will be distributed across four ecea73e104d4442bc037bee369429e952. WEBEX shortly after registration. The Education Benefit Programs: Post-9/11 The Board was established by the confirmation email will include a GI Bill (Chapter 33), Montgomery GI West Los Angeles Leasing Act of 2016 calendar event invitation and Bill—Active Duty (Chapter 30), Veterans on September 29, 2016. The purpose of instructions to join the meeting via web Education Assistance Program (VEAP; the Board is to provide advice and make browser or telephone. Attempts to join Chapter 32), and Survivors’ and recommendations to the Secretary of the meeting will not work until the host Dependents’ Educational Assistance Veterans Affairs on: Identifying the opens the meeting approximately ten (DEA; Chapter 35). The overall sample goals of the community and Veteran minutes prior to start time. size is determined so that the reliability partnership; improving services and Any member of the public seeking of survey estimate is 3% Margin of Error outcomes for Veterans, members of the additional information should contact at a 95% Confidence Level. Once data Armed Forces, and the families of such Mr. Eugene W. Skinner Jr. at (202) 631– collection is completed, the participant Veterans and members; and on the 7645 or at [email protected]. responses in the survey will be implementation of the Draft Master Plan weighted so that the samples more approved by the Secretary on January Dated: February 24, 2021. closely represent the overall population. 28, 2016, and on the creation and Jelessa M. Burney, Weighting models will rely on implementation of any successor master Federal Advisory Committee Management beneficiary age and gender. plans. Officer. An agency may not conduct or On March 23, the agenda will include [FR Doc. 2021–04129 Filed 2–26–21; 8:45 am] sponsor, and a person is not required to opening remarks from the Committee BILLING CODE P

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Reader Aids Federal Register Vol. 86, No. 38 Monday, March 1, 2021

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH

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. Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: The United States Government Manual 741–6000 10149...... 11847 Other Services Executive Orders: 14017...... 11849 Electronic and on-line services (voice) 741–6020 14018...... 11855 Privacy Act Compilation 741–6050 5 CFR ELECTRONIC RESEARCH 532...... 11857 World Wide Web 14 CFR 71 (2 documents) ...... 11859, Full text of the daily Federal Register, CFR and other publications 11860 is located at: www.govinfo.gov. Federal Register information and research tools, including Public 21 CFR Inspection List and electronic text are located at: 1308...... 11862 www.federalregister.gov. 22 CFR E-mail Proposed Rules: FEDREGTOC (Daily Federal Register Table of Contents Electronic 213...... 11905 Mailing List) is an open e-mail service that provides subscribers with a digital form of the Federal Register Table of Contents. The 33 CFR digital form of the Federal Register Table of Contents includes Proposed Rules: HTML and PDF links to the full text of each document. 96...... 11913 To join or leave, go to https://public.govdelivery.com/accounts/ USGPOOFR/subscriber/new, enter your email address, then 40 CFR follow the instructions to join, leave, or manage your 52 (6 documents) ...... 11867, subscription. 11870, 11872, 11873, 11875, PENS (Public Law Electronic Notification Service) is an e-mail 11878 service that notifies subscribers of recently enacted laws. Proposed Rules: 52 (2 documents) ...... 11913, To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 11915 and select Join or leave the list (or change settings); then follow 62...... 11916 the instructions. FEDREGTOC and PENS are mailing lists only. We cannot 46 CFR respond to specific inquiries. Proposed Rules: Reference questions. Send questions and comments about the 71...... 11913 Federal Register system to: [email protected] 115...... 11913 176...... 11913 The Federal Register staff cannot interpret specific documents or regulations. 47 CFR 25...... 11880 FEDERAL REGISTER PAGES AND DATE, MARCH 49 CFR 11847–12078...... 1 209...... 11888 211...... 11888 389...... 11891 50 CFR 17...... 11892 679...... 11895 680...... 11895

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

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TABLE OF EFFECTIVE DATES AND TIME PERIODS—MARCH 2021

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

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

March 1 Mar 16 Mar 22 Mar 31 Apr 5 Apr 15 Apr 30 Jun 1

March 2 Mar 17 Mar 23 Apr 1 Apr 6 Apr 16 May 3 Jun 1

March 3 Mar 18 Mar 24 Apr 2 Apr 7 Apr 19 May 3 Jun 1

March 4 Mar 19 Mar 25 Apr 5 Apr 8 Apr 19 May 3 Jun 2

March 5 Mar 22 Mar 26 Apr 5 Apr 9 Apr 19 May 4 Jun 3

March 8 Mar 23 Mar 29 Apr 7 Apr 12 Apr 22 May 7 Jun 7

March 9 Mar 24 Mar 30 Apr 8 Apr 13 Apr 23 May 10 Jun 7

March 10 Mar 25 Mar 31 Apr 9 Apr 14 Apr 26 May 10 Jun 8

March 11 Mar 26 Apr 1 Apr 12 Apr 15 Apr 26 May 10 Jun 9

March 12 Mar 29 Apr 2 Apr 12 Apr 16 Apr 26 May 11 Jun 10

March 15 Mar 30 Apr 5 Apr 14 Apr 19 Apr 29 May 14 Jun 14

March 16 Mar 31 Apr 6 Apr 15 Apr 20 Apr 30 May 17 Jun 14

March 17 Apr 1 Apr 7 Apr 16 Apr 21 May 3 May 17 Jun 15

March 18 Apr 2 Apr 8 Apr 19 Apr 22 May 3 May 17 Jun 16

March 19 Apr 5 Apr 9 Apr 19 Apr 23 May 3 May 18 Jun 17

March 22 Apr 6 Apr 12 Apr 21 Apr 26 May 6 May 21 Jun 21

March 23 Apr 7 Apr 13 Apr 22 Apr 27 May 7 May 24 Jun 21

March 24 Apr 8 Apr 14 Apr 23 Apr 28 May 10 May 24 Jun 22

March 25 Apr 9 Apr 15 Apr 26 Apr 29 May 10 May 24 Jun 23

March 26 Apr 12 Apr 16 Apr 26 Apr 30 May 10 May 25 Jun 24

March 29 Apr 13 Apr 19 Apr 28 May 3 May 13 May 28 Jun 28

March 30 Apr 14 Apr 20 Apr 29 May 4 May 14 Jun 1 Jun 28

March 31 Apr 15 Apr 21 Apr 30 May 5 May 17 Jun 1 Jun 29

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