Unknown. Final rule; delay of effective date

2,522 words·~11 min read·/register/2021/01/25/2021-01683

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--- schema: federal-register doc_type: fedreg source_file: FR-2021-01-25.xml --- 86 14 Monday, January 25, 2021 Contents Agriculture Agriculture Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6862-6863 2021-01464 2021-01468 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Quarterly Financial Report, 6863-6864 2021-01477 Commerce Commerce Department See Census Bureau See Economic Development Administration See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission RULES Margin Requirements for Uncleared Swaps for Swap Dealers and Major Swap Participants, 6850-6860 2020-27508 Defense Department Defense Department NOTICES Publication of Housing Price Inflation Adjustment, 6878-6879 2021-01481 Economic Development Economic Development Administration NOTICES Trade Adjustment Assistance;

Determinations, 6864-6865 2021-01418 Farm Credit System Insurance Farm Credit System Insurance Corporation NOTICES Meetings: Board of Directors, 6879 2021-01495 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Gillette, WY, 6848-6850 2021-01306 Federal Deposit Federal Deposit Insurance Corporation NOTICES All Interested Parties of Intent To Terminate Receivership, 6879-6880 2021-01543 Guidelines for Appeals of Material Supervisory Determinations, 6880-6888 2021-01547 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 6888 2021-01594 Federal Emergency Federal Emergency Management Agency NOTICES Final Flood Hazard Determinations, 6899-6902 2021-01514 Flood Hazard Determinations; Changes, 6902-6904 2021-01511 Flood Hazard Determinations; Proposals, 6896-6899, 6904-6905 2021-01512 2021-01513 Federal Railroad Federal Railroad Administration NOTICES Application: Approval of Discontinuance or Modification of a Railroad Signal System, 6950 2021-01424 Approval of Discontinuance or Modification of a Railroad Signal System, 6949-6951 2021-01421 2021-01422 2021-01423 2021-01425 Federal Trade Federal Trade Commission NOTICES Proposed Consent Agreement:

Everalbum, Inc., 6888-6891 2021-01430 Financial Crimes Financial Crimes Enforcement Network NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Transactions of Exempt Persons Regulations, and Designation of Exempt Person Report, 6964-6969 2021-01451 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 6969 2021-01521 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Limited Production Activity:

OFS Fitel, LLC, Foreign-Trade Zone 26, Atlanta, GA, 6865 2021-01534 Authorization of Production Activity: Volkswagen Group of America Chattanooga Operations, LLC, Foreign-Trade Zone 134, Chattanooga, TN, 6865 2021-01535 Health and Human Health and Human Services Department See National Institutes of Health Homeland Homeland Security Department See Federal Emergency Management Agency See U.S. Customs and Border Protection RULES Security Bars and Processing; Delay of Effective Date, 6847-6848 2021-01683 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Affirmative Fair Housing Marketing Plan, 6906-6908 2021-01474 Evaluation of the HUD-DOJ Pay for Success Permanent Supportive Housing Demonstration, 6913-6914 2021-01463 Home Equity Conversion Mortgage Insurance Application for the Origination of Reverse Mortgages and Related Documents, 6915-6916 2021-01515 Housing Counseling Program—Application for Approval as a Housing Counseling Agency, 6911-6912 2021-01503 Indian Housing Block Grant Program, 6910-6911 2021-01480 Mortgage Record Change, 6914-6915 2021-01520 Phase 1 Evaluation of the Housing Choice Voucher Mobility Demonstration, 6908-6910 2021-01454 Public Housing Contracting With Resident-Owned Business/Application Requirements, 6905-6906 2021-01479 Requirements for Designating Housing Projects, 6912-6913 2021-01489 Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Limitations on Credit or Refund, 6969-6970 2021-01465 Treaty-Based Return Position Disclosure, 6970-6971 2021-01478 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Carbon and Alloy Steel Cut-to-Length Plate from the People's Republic of China, 6865-6866 2021-01529 Certain Cold-Rolled Steel Flat Products From the Republic of Korea, 6871-6873 2021-01496 Certain Oil Country Tubular Goods From the Republic of Korea, 6868-6871 2021-01498 Circular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey, 6866-6868 2021-01497 International Trade Com International Trade Commission NOTICES Complaint:

Certain Cellular Communications Infrastructure Systems, Components Thereof, and Products Containing Same, 6917-6918 2021-01504 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Gabapentin Immunoassay Kits and Test Strips, Components Thereof, and Methods Therefor, 6918-6919 2021-01548 Certain Plant-Derived Recombinant Human Serum Albumins and Products Containing Same, 6916-6917 2021-01439 Wood Mouldings and Millwork Products From China, 6917 2021-01532 Justice Department Justice Department RULES Security Bars and Processing;

Delay of Effective Date, 6847-6848 2021-01683 NOTICES Proposed Consent Decree: CERCLA, 6920 2021-01549 Clean Air Act, 6919-6920 2021-01436 National Archives National Archives and Records Administration NOTICES Records Schedules, 6920-6921 2021-01453 National Highway National Highway Traffic Safety Administration NOTICES Denial of Petition for Inconsequentiality: Ford Motor Co., 6951-6963 2021-01540 National Institute National Institutes of Health NOTICES Government-Owned Inventions;

Availability for Licensing, 6891-6892 2021-01490 Meetings: Center for Scientific Review, 6895 2021-01447 National Center for Advancing Translational Sciences, 6894 2021-01450 National Institute of Dental and Craniofacial Research, 6891 2021-01486 National Institute of Environmental Health Sciences, 6893 2021-01443 National Institute of Neurological Disorders and Stroke, 6893-6894 2021-01445 National Institute of Nursing Research, 6894-6895 2021-01444 National Institute on Drug Abuse, 6894 2021-01446 Prospective Grant of an Exclusive Patent License:

Development and Commercialization of Cell Therapies for Cancer, 6892 2021-01487 Development and Commercialization of Certain Fusion Proteins and Their Use for the Treatment of Humans with Short Stature, 6892-6893 2021-01488 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod by Catcher Vessels using Trawl Gear in the Western Regulatory Area of the Gulf of Alaska, 6860-6861 2021-01434 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Saltwater Angler Registry and State Exemption Program, 6875-6876 2021-01470 Socio-Economic Survey of Hired Captains and Crew in New England and Mid-Atlantic Commercial Fisheries, 6877-6878 2021-01472 Socioeconomics of Coral Reef Conservation, 6876-6877 2021-01475 West Coast Region Gear Identification Requirements, 6873-6874 2021-01473 Interagency Working Group on Illegal, Unreported, and Unregulated Fishing, 6874-6875 2021-01493 Takes of Marine Mammals Incidental to Specified Activities:

Oil and Gas Activities in Cook Inlet, AK, 6878 2021-01426 National Science National Science Foundation NOTICES Permit Applications: Antarctic Conservation Act, 6921-6922 2021-01471 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Pipeline Safety: Request for Special Permit; El Paso Natural Gas Co., LLC, 6963-6964 2021-01522 Presidential Documents Presidential Documents PROCLAMATIONS Aluminum Imports Into U.S.; Adjustment (Proc. 10139), 6825-6831 2021-01711 Discriminatory Bans on Entry Into the U.S.;

Efforts To End (Proc. 10141), 7005-7007 2021-01749 Special Observances: National Day of Unity (Proc. 10140), 7001-7004 2021-01748 EXECUTIVE ORDERS Climate Crisis; Efforts To Protect Public Health and Environment and Restore Science (EO 13990), 7037-7043 2021-01765 Decennial Census; Efforts To Ensure Lawful and Accurate Enumeration and Apportionment (EO 13986), 7015-7017 2021-01755 Defense and National Security: Significant Malicious Cyber-Enabled Activities; Additional Steps To Address National Emergency (EO 13984), 6837-6842 2021-01714 Executive Order 13770;

Revocation (EO 13983), 6835 2021-01713 Federal Regulation; Revocation of Certain Executive Orders (EO 13992), 7049-7050 2021-01767 Gender Identity or Sexual Orientation; Efforts To Prevent and Combat Discrimination (EO 13988), 7023-7025 2021-01761 Global Health and Security; Efforts To Organize and Mobilize the U.S. Government To Provide Unified and Effective Responses To Combat COVID?19 and Provide U.S. Leadership (EO 13987), 7019-7021 2021-01759 Government Agencies and Employees:

Ethics Commitments by Executive Branch Personnel (EO 13989), 7027-7035 2021-01762 Federal Workforce Protection Efforts and Mask?Wearing Requirement (EO 13991), 7045-7048 2021-01766 Immigration Enforcement, Civil; Revision of Policies and Priorities (EO 13993), 7051-7052 2021-01768 Racial Equity and Support for Underserved Communities; Federal Government Efforts To Advance (EO 13985), 7009-7013 2021-01753 Veterans, Service in Uzbekistan; Care (EO 13982), 6833-6834 2021-01712 ADMINISTRATIVE ORDERS Deferred Action for Childhood Arrivals

(DACA)Policy; Efforts To Preserve and Fortify (Memorandum of January 20, 2021), 7053-7054 2021-01769 FBI's Crossfire Hurricane Investigation; Declassification of Certain Materials (Memorandum of January 19, 2021), 6843-6844 2021-01717 Liberians, Deferred Enforced Departure; Reinstatement (Memorandum of January 20, 2021), 7055-7057 2021-01770 Venezuelans, Deferred Enforced Departure (Memorandum of January 19, 2021), 6845-6846 2021-01718 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 6922-6944 2021-01438 Miami International Securities Exchange, LLC, 6944-6948 2021-01420 Surface Transportation Surface Transportation Board NOTICES Release of Waybill Data, 6949 2021-01533 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Financial Crimes Enforcement Network See Foreign Assets Control Office See Internal Revenue Service Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Vessel Entrance or Clearance Statement, 6896 2021-00966 Veteran Affairs Veterans Affairs Department NOTICES Guidance: Personalized Career Planning, 6988 2021-01435 Privacy Act; System of Records, 6985-6988, 6992-7000 2021-01526 2021-01528 2021-01541 Privacy Act; Systems of Records, 6971-6985, 6988-6992 2021-01542 2021-01501 2021-01510 2021-01516 Separate Parts In This Issue Part II Presidential Documents, 7001-7007, 7009-7013, 7015-7017, 7019-7021, 7023-7025 2021-01749 2021-01748 2021-01755 2021-01761 2021-01759 2021-01753 Part III Presidential Documents, 7027-7035, 7037-7043, 7045-7057 2021-01765 2021-01767 2021-01762 2021-01766 2021-01768 2021-01769 2021-01770 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 86 14 Monday, January 25, 2021 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 208 [Docket No: USCIS 2020-0013] RIN 1615-AC57 DEPARTMENT OF JUSTICE Executive Office for Immigration Review 8 CFR Part 1208 [A.G. Order No. 4975-2021] RIN 1125-AB08 Security Bars and Processing; Delay of Effective Date AGENCY: U.S. Citizenship and Immigration Services, Department of Homeland Security (“DHS”); Executive Office for Immigration Review, Department of Justice (“DOJ”) ACTION: Final rule; delay of effective date. SUMMARY: On December 23, 2020, DHS and DOJ (collectively, “the Departments”) published a final rule to clarify that the danger to the security of the United States statutory bar to eligibility for asylum and withholding of removal encompass certain emergency public health concerns and make certain other changes. The Departments are delaying the rule's effective date for 60 days. DATES: As of January 21, 2021, the effective date of the final rule published at 85 FR 84160 (Dec. 23, 2020) is delayed until March 22, 2021. FOR FURTHER INFORMATION CONTACT: For USCIS: Andrew Davidson, Asylum Division Chief, Refugee, Asylum and International Affairs Directorate, U.S. Citizenship and Immigration Services, DHS; telephone 240-721-3000 (not a toll-free call). *For EOIR:* Lauren Alder Reid, Assistant Director, Office of Policy, Executive Office for Immigration Review, telephone

(703)305-0289 (not a toll-free call). SUPPLEMENTARY INFORMATION: Background and Basis for Delay On December 23, 2020, the Departments published a final rule (“Security Bars rule”) to amend existing regulations to clarify that in certain circumstances there are “reasonable grounds for regarding [an] alien as a danger to the security of the United States” or “reasonable grounds to believe that [an] alien is a danger to the security of the United States” based on emergency public health concerns generated by a communicable disease, making the alien ineligible to be granted asylum in the United States under section 208 of the Immigration and Nationality Act or the protection of withholding of removal under that Act or subsequent regulations (because of the threat of torture). *See* Security Bars and Processing, 85 FR 84160 *et seq.* (Dec. 23, 2020). On January 20, 2021, the White House Chief of Staff issued a memorandum asking agencies to consider delaying, consistent with applicable law, the effective dates of any rules that have published and not yet gone into effect, for the purpose of allowing the President's appointees and designees to review questions of fact, law, and policy raised by those regulations. *See* Memorandum for the Heads of Executive Departments and Agencies from Ronald A. Klain, Assistant to the President and Chief of Staff, *Re: Regulatory Freeze Pending Review* (Jan. 20, 2021). This action is consistent with that memorandum. The Departments have good cause to delay this rule's effective date without advance notice and comment because a permissible path to implementation of the rule is not apparent due to a preliminary injunction against a related rule. On December 11, 2020, the Departments issued a rule titled *Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review.* 1 On January 8, 2021, a district court preliminarily enjoined the Departments “from implementing, enforcing, or applying the [December 11] rule . . . or any related policies or procedures.” 2 1 *See* 85 FR 80274 (Dec. 11, 2020). 2 *See Pangea Legal Servs.* v. *Dep't of Homeland Security,* No. 20-09253-JD, 2021 WL 75756, at *7 (N.D. Cal. Jan. 8, 2021). The *Pangea* court held that plaintiffs showed a likelihood that Chad F. Wolf, who approved the December 11 rule in his capacity as Acting Secretary of Homeland Security, did not have valid authority to act in that capacity. *See id.* *6. Following the court's ruling, Peter T. Gaynor and Mr. Wolf took steps to ratify the December 11 rule. *See* DHS Delegation No. 23028, Delegation to the Under Secretary for Strategy, Policy, and Plans to Act on Final Rules, Regulations, and Other Matters (Jan. 12, 2021); Chad F. Wolf, Ratification (Jan. 14, 2021). By issuing this rule, the Departments state no position on Mr. Gaynor or Mr. Wolf's actions or authority, the outcome thus far in *Pangea,* or the effects of any further actions. Implementing the Security Bars rule will not be viable given this injunction. Most prominently, the Security Bars rule relies upon the framework for applying bars to asylum during credible fear processing that was established in the December 11 rule. 3 That is not possible given the injunction. The regulatory text of significant portions of the Security Bars rule is also embedded within and repeats regulatory text that was established by the December 11 rule. 4 3 *See, e.g.,* 85 FR at 84176 (“As noted, the [Security Bars] final rule is not, as the NPRM proposed, modifying the regulatory framework to apply the danger to the security of the United States bars at the credible fear stage because, in the interim between the NPRM and the final rule, the [December 11 rule] did so for all of the bars to eligibility for asylum and withholding of removal.”); *id.* at 84189 (describing changes made in the Security Bars rule “to certain regulatory provisions not addressed in the proposed rule as necessitated by the intervening promulgation of the [December 11] Rule.”). 4 *Compare, e.g.,* 85 FR at 84194-84198 (revising 8 CFR 208.30, 235.6, 1208.30, and 1235.6, among other provisions) *and* 85 FR at 80390-80401 (same). To implement the full Security Bars rule—and effectively reinsert or rely upon provisions that the *Pangea* court has enjoined—might run afoul of the court's injunction. Because the court's injunction is already effective and it would be impracticable to engage in notice and comment procedures in advance of the scheduled January 22 effective date, the Departments are proceeding with this final rule. 5 5 *See* 5 U.S.C. 553(b)(B),

(d)(providing an exception from the notice and comment requirements when an agency “for good cause finds . . . that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest,” and providing additional exceptions with respect to the delayed effective date). The Acting Secretary of Homeland Security, David P. Pekoske, having reviewed and approved this document, has delegated the authority to electronically sign this document to Sharmistha Das, who is the Deputy General Counsel for DHS, for purposes of publication in the **Federal Register** . Sharmistha Das, Deputy General Counsel, U.S. Department of Homeland Security. Monty Wilkinson, Acting Attorney General, Department of Justice. [FR Doc. 2021-01683 Filed 1-21-21; 4:15 pm]

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