Unknown. Notification of ratification of directives and emergency amendment
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/register/2021/05/18/2021-10433A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2021-05-18.xml --- 86 94 Tuesday, May 18, 2021 Contents Agriculture Agriculture Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26892 2021-10449 Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Explosives Employee Possessor Questionnaire, 26941-26942 2021-10401 Census Bureau Census Bureau NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Boundary and Annexation Survey, 26892-26896 2021-10369 Meetings: National Advisory Committee, 26896-26897 2021-10370 Centers Disease Centers for Disease Control and Prevention NOTICES Rescission of the Requirement for Airlines to Collect Designated Information for Passengers Destined for the United States Who Are Departing from, or Were Otherwise Present in the Republic of Guinea, 26920-26921 2021-10478 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program:
Medicare Coverage of Innovative Technology and Definition of Reasonable and Necessary; Delay of Effective Date, 26849-26854 2021-10466 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26921-26923 2021-10453 Civil Rights Civil Rights Commission NOTICES Meetings: South Carolina Advisory Committee, 26892 2021-10465 Coast Guard Coast Guard RULES Safety Zones: Coast Guard Sector Ohio Valley Annual and Recurring Safety Zones Update, 26837-26842 2021-10464 Commerce Commerce Department See Census Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Bank Appeals Follow-Up Questionnaire, 27012-27013 2021-10424 Defense Department Defense Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26909 2021-10459 Drug Drug Enforcement Administration NOTICES Bulk Manufacturer of Controlled Substances Application: SPECGX, LLC, 26943 2021-10412 Importer of Controlled Substances Application: Experic, LLC, 26942 2021-10410 Lipomed, 26944 2021-10420 Unither Manufacturing, LLC, 26944 2021-10407 Education Department Education Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: FOLLOW-UP SURVEYS TO THE 2020-21 NTPS: 2021-22 Teacher Follow-Up Survey and 2021-22 Principal Follow-Up, 26909-26910 2021-10430 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26910-26911 2021-10411 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations:
Nebraska; Revisions to Title 115 of the Nebraska Administrative Code; Rules of Practice and Procedure, 26843-26845 2021-10360 EPA Guidance, Administrative Procedures for Issuance and Public Petitions; Rescission, 26842-26843 2021-10269 Tolerance Exemption: C10-23 Alkyl Group-containing Alkali-Soluble Acrylic Emulsion Polymer, 26845-26848 2021-10403 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Helicopters, 26831-26833 2021-10397 Airbus Helicopters (Type Certificate Previously Held by Eurocopter France) Helicopters, 26829-26831 2021-10393 Leonardo S.p.a.
Helicopters, 26833-26836 2021-10398 The Boeing Company Airplanes, 26826-26829 2021-10562 PROPOSED RULES Airspace Designations and Reporting Points: Savannah, GA, 26861-26862 2021-10368 Airworthiness Directives: Airbus Helicopters, 26857-26861 2021-10353 Airbus SAS Airplanes, 26855-26857 2021-10377 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26915-26916 2021-10413 Privacy Act;
Systems of Records, 26916-26918 2021-10408 Federal Election Federal Election Commission NOTICES Filing Dates for the Florida Special Elections in the 20th Congressional District, 26918-26919 2021-10458 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 26911-26912 2021-10419 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Farmington Solar, LLC, 26911 2021-10418 Niyol Wind, LLC, 26912-26913 2021-10416 Meetings;
Sunshine Act, 26913-26914 2021-10539 Records Governing Off-the-Record Communications, 26914-26915 2021-10417 FPISC Federal Permitting Improvement Steering Council PROPOSED RULES Fees for Governance, Oversight, and Processing of Environmental Reviews and Authorizations by the Federal Permitting Improvement Steering Council: Withdrawal, 26888 2021-10047 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 26919-26920 2021-10361 2021-10363 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 26920 2021-10362 Geological Geological Survey NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: National Land Remote Sensing Education, Outreach and Research Activity, 26934-26935 2021-10471 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Indian Health Service See National Institutes of Health Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection RULES Ratification of Security Directives and Emergency Amendment, 26825-26826 2021-10433 Indian Health Indian Health Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Tribal Investment in Commercial Electronic Health Records, 26923-26924 2021-10409 Interior Interior Department See Geological Survey See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Crystalline Silicon Photovoltaic Cells, whether or not Assembled into Modules, from the People's Republic of China, 26902-26903 2021-10439 Fine Denier Polyester Staple Fiber from India, 26903-26905 2021-10441 Xanthan Gum from the People's Republic of China, 26905-26907 2021-10437 Determination of Sales At Less Than Fair Value:
Thermal Paper from Germany, 26905 2021-10438 Initiation of Less-Than-Fair-Value Investigations: Raw Honey from Argentina, Brazil, India, Ukraine, and the Socialist Republic of Vietnam, 26897-26902 2021-10440 Request for Applicants for the Appointment to the United States-India CEO Forum, 26907-26908 2021-10378 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration See Justice Programs Office Justice Programs Justice Programs Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: 2021 Survey of Campus Law Enforcement Agencies, 26944-26945 2021-10402 Land Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Color-of-Title Application, 26939-26940 2021-10461 Onshore Geophysical Exploration, 26938-26939 2021-10462 Realty Action: Modified Competitive Sale of Two Parcels of Public Land in Lincoln County, NV, 26935-26938 2021-10404 NASA National Aeronautics and Space Administration NOTICES Intent to Grant Exclusive License, 26945 2021-10423 Meetings:
Planetary Science Advisory Committee, 26946 2021-09872 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 26946 2021-10491 National Institute National Institute of Standards and Technology NOTICES Selection of Naval Undersea Warfare Center Newport Division as the Designated Institute for Underwater Acoustics Measurements, 26908-26909 2021-10394 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 26924-26933 2021-10425 2021-10427 2021-10446 2021-10455 2021-10456 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 26924 2021-10428 National Institute of Allergy and Infectious Diseases, 26929, 26931 2021-10371 2021-10454 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 26933 2021-10447 National Institute of Diabetes and Digestive and Kidney Diseases, 26925 2021-10422 National Institute on Alcohol Abuse and Alcoholism, 26927-26928 2021-10414 National Institute on Minority Health and Health Disparities, 26929-26930 2021-10426 Prospective Grant of an Exclusive Patent License:
Development, Commercialization, and Use of Protein-Based Vaccines Expressing Recombinant Measles and Mumps Immunogens for Human Use to Prevent Measles and/or Mumps Infections, Disease, and Transmission, 26927 2021-10469 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Exclusive Economic Zone Off Alaska: Cook Inlet Salmon; Amendment 14, 26888-26891 2021-10450 National Park National Park Service NOTICES National Register of Historic Places:
Pending Nominations and Related Actions, 26940 2021-10373 Neighborhood Neighborhood Reinvestment Corporation NOTICES Meetings; Sunshine Act, 26946 2021-10550 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Exemption; Issuance: NextEra Energy Duane Arnold, LLC; Duane Arnold Energy Center, 26946-26950, 26961-26966 2021-10405 2021-10406 Monthly Notice: Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations, 26950-26961 2021-10374 Patent Patent and Trademark Office PROPOSED RULES Changes to Implement Provisions of the Trademark Modernization Act, 26862-26888 2021-10116 Personnel Personnel Management Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 26966-26967 2021-10372 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Hazardous Materials, 27009-27012 2021-10429 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 26967 2021-10445 Securities Securities and Exchange Commission NOTICES Order: Nasdaq PHLX, LLC, 26997-26999 2021-10391 Self-Regulatory Organizations;
Proposed Rule Changes: Cboe BZX Exchange, Inc., 26982-26985 2021-10389 Financial Industry Regulatory Authority, Inc., 27005-27008 2021-10390 Miami International Securities Exchange, LLC, 26973-26979 2021-10379 MIAX PEARL, LLC, 26967-26973 2021-10380 Nasdaq BX, Inc., 27003-27005 2021-10386 National Securities Clearing Corp., 26999-27003 2021-10392 New York Stock Exchange, LLC, 26995-26997 2021-10381 2021-10387 NYSE American, LLC, 26992-26995 2021-10382 NYSE Arca, Inc., 26990-26992 2021-10383 NYSE National, Inc., 26979-26982 2021-10385 The Nasdaq Stock Market, LLC, 26985-26990 2021-10388 State Department State Department NOTICES Continuation of Waiver Authority, 27009 2021-10468 Meetings:
Overseas Schools Advisory Council, 27008 2021-10395 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Loss of State Jurisdiction to Administer the Surface Mining Control and Reclamation Act, 26941 2021-10400 Trade Representative Trade Representative, Office of United States NOTICES Meetings: First United States-Mexico-Canada Agreement Environment Committee, 27009 2021-10434 Transportation Department Transportation Department See Federal Aviation Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Comptroller of the Currency U.S.
Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Certificate of Citizenship, 26933-26934 2021-10431 Customs U.S. Customs and Border Protection RULES Termination of Arrival Restrictions Applicable to Flights Carrying Persons Who Have Recently Traveled from or Were Otherwise Present within the Republic of Guinea, 26836-26837 2021-10470 Veteran Affairs Veterans Affairs Department NOTICES Increase in Maximum Tuition and Fee Amounts Payable under the Post-9/11 GI Bill, 27013-27014 2021-10415 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 94 Tuesday, May 18, 2021 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY 6 CFR Chapter I 49 CFR Chapter XII [DHS Docket No. DHS-2021-0018] Ratification of Security Directives and Emergency Amendment AGENCY: Office of Strategy, Policy, and Plans, Department of Homeland Security (DHS).
ACTION: Notification of ratification of directives and emergency amendment. SUMMARY: DHS is publishing official notification that the Transportation Security Oversight Board
(TSOB)has ratified Transportation Security Administration
(TSA)aviation security directives
(SDs)applicable to airport and aircraft operators and an emergency amendment
(EA)applicable to foreign air carriers requiring mask wearing at airports and onboard commercial aircraft to protect the safety and security of the traveling public, transportation workers, and the transportation system from the threat of COVID-19. DATES: The ratification was executed on April 20, 2021, and took effect on that date. FOR FURTHER INFORMATION CONTACT: John D. Cohen, DHS Coordinator for Counterterrorism and Assistant Secretary for Counterterrorism and Threat Prevention, DHS Office of Strategy, Policy, and Plans,
(202)282-9708, *john.cohen@hq.dhs.gov.* SUPPLEMENTARY INFORMATION: I. Background A. Executive Order, DHS Determination, and Centers for Disease Control and Prevention
(CDC)Order On January 21, 2021, in recognition of the continuing threat to health, safety, and economic and national security posed by COVID-19, including the new virus variants, the President issued Executive Order 13,998, *Promoting COVID-19 Safety in Domestic and International Travel.* 1 The Executive Order directs the Secretary of Homeland Security, in coordination with other federal officials and “through the Administrator of the Transportation Security Administration,” to “immediately take action, to the extent appropriate and consistent with applicable law, to require masks to be worn in compliance with CDC guidelines” in or on airports, commercial aircraft, trains, public maritime vessels, intercity bus services, and all forms of public transportation. 2 The Executive Order focuses on a nationwide, “whole of government” approach to addressing security and safety concerns presented by the continued transmission of COVID-19 through the transportation system. 1 86 FR 7205 (published Jan. 26, 2021). 2 *Id.* On January 27, 2021, the Acting Secretary of Homeland Security issued a *Determination of a National Emergency Requiring Actions to Protect the Safety of Americans Using and Employed by the Transportation System.* 3 The Acting Secretary's determination directs TSA to take actions consistent with its statutory authorities “to implement the Executive Order to promote safety in and secure the transportation system.” In particular, the determination directs TSA to support “the CDC in the enforcement of any orders or other requirements necessary to protect the transportation system, including passengers and employees, from COVID-19 and to mitigate the spread of COVID-19 through the transportation system.” 3 Acting Secretary David P. Pekoske, Determination of a National Emergency Requiring Actions to Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021), *available at https://www.dhs.gov/publication/determination-national-emergency-requiring-actions-protect-safety-americans-using-and* (accessed Feb. 22, 2021). On January 29, 2021, the Director of the CDC's Division of Global Migration and Quarantine issued a Notice and Order titled *Requirement for Persons to Wear Masks While on Conveyances and at Transportation Hubs.* 4 The CDC Order, effective February 1, 2021, provides that it “shall be enforced by the Transportation Security Administration under appropriate statutory and regulatory authorities *”* and “further enforced by other federal authorities” as well as “cooperating state and local authorities.” 5 4 86 FR 8025 (Feb. 3, 2021). 5 *Id.* at 8030. B. TSA Security Directives 1542-21-01 and 1544-21-02 and Emergency Amendment 1546-21-01 On January 31, 2021, the Senior Official Performing the Duties of the TSA Administrator issued SD 1542-21-01 to airport operators, SD 1544-21-02 to aircraft operators, and EA 1546-21-01 to foreign air carriers requiring mask wearing at airports and onboard commercial aircraft to protect the safety and security of the traveling public, transportation workers, and the transportation system from the threat of COVID-19. The SDs and EA, which are available in the docket for this notice at *https://www.regulations.gov/,* became effective on February 1, 2021, and were scheduled to expire on May 11, 2021. Neither the Acting Secretary's national emergency determination nor the CDC Order includes an expiration date and they remain in effect based on specific public health conditions and in consideration of the public health emergency. The SDs and EA implement the Executive Order, the Acting Secretary of Homeland Security's national emergency determination, and the CDC Order by requiring mask wearing at airports and onboard commercial aircraft. The SDs and EA mandate measures to secure and promote safety in the transportation system, including passengers and employees, by mitigating against the further spread of COVID-19. Under the airport operator SD, covered operators must:
(1)Make best efforts to provide individuals with prominent and adequate notice of the mask requirement to facilitate awareness and compliance;
(2)require individuals to wear a mask;
(3)escort individuals from the airport who refuse to comply with the mask requirement; and
(4)report incidents of non-compliance to TSA. Under the aircraft operator SD and the EA, covered operators and carriers must:
(1)Provide prominent and adequate notice of the mask requirement to facilitate awareness and compliance;
(2)require individuals to wear a mask;
(3)refuse to board individuals who are not wearing a mask and make best efforts to disembark those who refuse to comply as soon as practicable; and
(4)report incidents of non-compliance to TSA. Consistent with the CDC Order, the SDs and EA permit limited exemptions from the requirement to wear a mask in the transportation system, and do not preempt state or local requirements that are the same or more protective of public health than TSA's mandatory measures. II. TSOB Ratification TSA has broad authority to issue orders, regulations, and directives related to all forms of transportation (including air transportation), as well as separate authority specific to aviation, including operators of aircrafts and airports. 6 The TSOB—a body consisting of the heads of various interested Cabinet agencies, or their designees, and a representative of the National Security Council—reviews TSA regulations and security directives consistent with law. 7 The chairman of the TSOB 8 convened the Board for review of TSA SDs 1542-21-01 and 1544-21-02 and EA 1546-21-01. 9 6 *See* 49 U.S.C. 114, 44902, and 44903; *see* 49 CFR 1542.303, 1544.305, and 1546.105. 7 *See, e.g.,* 49 U.S.C. 115. 8 The Deputy Secretary of Homeland Security serves as chairman of the TSOB. DHS Delegation No. 7071.1, *Delegation to the Deputy Secretary to Chair the Transportation Security Oversight Board* (Apr. 2, 2007). The Deputy Secretary position is currently vacant and the duties of the position, including service as chairman of the TSOB, are being temporarily performed by senior DHS official David P. Pekoske. 9 The TSOB previously reviewed and ratified TSA's SD regarding mandatory mask measures in the surface transportation sector. *See* 86 FR 13971 (published Mar. 12, 2021) regarding notification of TSOB ratification of TSA security directive 1582/84-21-01. Following its review, on April 20, 2021, the TSOB ratified the SDs and EA. As part of this ratification, the TSOB also ratified any extension of the SDs and EA for a period no longer than the period of time that the Acting Secretary's national emergency determination and the CDC Order remain in effect should the TSA Administrator determine that such an extension is warranted to support implementation of the Executive Order, the national emergency determination, and the CDC order. The SDs and EA are available in the docket for this notice at *https://www.regulations.gov/.* David P. Pekoske, Senior Official Performing the Duties of Deputy Secretary of Homeland Security & Chairman of the Transportation Security Oversight Board, U.S. Department of Homeland Security. [FR Doc. 2021-10433 Filed 5-17-21; 8:45 am]
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Notification of ratification of directives and emergency amendment
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