Unknown. Interim final rule; request for comments

2,706 words·~12 min read·/register/2021/07/29/2021-16123

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--- schema: federal-register doc_type: fedreg source_file: FR-2021-07-29.xml --- 86 143 Thursday, July 29, 2021 Contents Agency Toxic Agency for Toxic Substances and Disease Registry NOTICES Proposed Substances To Be Evaluated for Toxicological Profile Development, 40843-40844 2021-16195 Six Draft Toxicological Profiles, 40844-40845 2021-16188 Agricultural Research Agricultural Research Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40802 2021-16139 Agriculture Agriculture Department See Agricultural Research Service See Food and Nutrition Service See National Agricultural Library NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 40802-40803 2021-16180 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Management and Organizational Practices Survey 2021, 40807-40808 2021-16151 Report of Building or Zoning Permits Issued for New Privately-Owned Housing Units, 40805 2021-16150 Spatial, Address, and Imagery Data Program, 40805-40807 2021-16156 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 40845-40848 2021-16205 2021-16200 2021-16202 Civil Rights Civil Rights Commission NOTICES Meetings: Mississippi Advisory Committee, 40804-40805 2021-16185 New York Advisory Committee, 40804 2021-16184 Coast Guard Coast Guard PROPOSED RULES Port Access Route Study: The Pacific Coast From Washington to California, 40791-40793 2021-15923 Commerce Commerce Department See Census Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: State Annual Long-Term Care Ombudsman Report-National Ombudsman Reporting System, 40848-40849 2021-16132 Federal Review: Missouri Protection and Advocacy System, 40849 2021-16131 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Appraisal Management Companies, 40898-40899 2021-16149 Copyright Royalty Board Copyright Royalty Board PROPOSED RULES Determination of Rates and Terms for Making and Distributing Phonorecords (Phonorecords IV), 40793 2021-16276 Drug Drug Enforcement Administration NOTICES Bulk Manufacturer of Controlled Substances Application:

AMPAC Fine Chemicals, LLC, 40874 2021-16137 Bulk Manufacturer of Marihuana: Nusachi Labs, LLC, 40874 2021-16141 Importer of Controlled Substances Application: Cerilliant Corp., 40875-40877 2021-16136 Purisys, LLC, 40877 2021-16142 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Consolidated State Performance Report Renewal (Part 1 and Part 2), 40817-40818 2021-16177 Federal Family Educational Loan Program—Servicemembers Civil Relief Act, 40818 2021-16128 Service Contract Inventory for Fiscal Year

(FY)2019, 40818-40819 2021-16204 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Unemployment Compensation for Federal Employees Handbook No. 391, 40879-40880 2021-16130 Change in Status of the Extended Benefit Program: California, Nevada, and New York, 40880 2021-16129 Requests for Nominations: Native American Employment and Training Council, 40877-40879 2021-16138 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Energy Conservation Program: Test Procedure for Dedicated-Purpose Pool Pump Motors, 40765-40775 2021-15759 NOTICES Meetings: Basic Energy Sciences Advisory Committee, 40819 2021-16117 Environmental Protection Environmental Protection Agency RULES Implementation of the Revoked 1997 8-Hour Ozone National Ambient Air Quality Standards: Areas that Attained by the Attainment Date, 40784-40787 2021-15106 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Maine; Chapter 100 Definitions and Chapter 113 Growth Offset Regulations, 40793-40796 2021-16116 South Carolina; 2018 General Assembly New Source Review Update, 40796-40801 2021-15536 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Pollutant Discharge Elimination System Program (Renewal), 40823-40825 2021-16154 Clean Air Act Operating Permit Program: Petitions for Objection to State Operating Permit for Sandy Creek Services, LLC, Sandy Creek Energy Station, Brazoria County, TX, 40823 2021-16206 Proposed Consent Decree: Clean Air Act Citizen Suit, 40825-40826 2021-16155 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Alaska, 40782-40784 2021-16020 2021-16024 Airworthiness Directives: Various Restricted Category Helicopters, 40779-40782 2021-16222 PROPOSED RULES Airspace Designations and Reporting Points: Creech Air Force Base Airport, NV, 40790-40791 2021-16119 NOTICES Meetings: Proposed Air Tour Management Plans at Mount Rainier National Park; Death Valley National Park; Everglades National Park; and Olympic National Park, 40897 2021-16182 Federal Communications Federal Communications Commission PROPOSED RULES Petition for Reconsideration of Action in Rulemaking Proceeding, 40801 2021-16126 NOTICES Media Bureau Extends Comment and Reply Comment Deadlines To Update the Record in the 2018 Quadrennial Review, 40837-40838 2021-16127 Privacy Act; Systems of Records, 40838-40839 2021-16193 Wireless Telecommunications Bureau Seeks Comment on Drive Test Parameters and Model for Alaska Plan Participants, 40826-40837 2021-16125 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 40819-40820 2021-16166 Environmental Impact Statements; Availability, etc.: Atlantic Coast Pipeline, LLC and Eastern Gas Transmission and Storage, Inc.; Atlantic Coast Pipeline Restoration Project and Supply Header Restoration Project, 40820-40821 2021-16164 Request Under Blanket Authorization: Columbia Gas Transmission, LLC, 40822-40823 2021-16165 Federal Railroad Federal Railroad Administration NOTICES Final General Conformity Determination for the California High-Speed Rail System, Bakersfield to Palmdale Section, 40897-40898 2021-16143 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40839-40842 2021-16145 2021-16146 2021-16147 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Pilot Survey To Develop Standardized Reporting Forms for Federally Funded Public Health Projects, 40853-40855 2021-16192 Survey on the Occurrence of Foodborne Illness Risk Factors in Selected Retail and Foodservice Facility Types, 40856-40860 2021-16199 Electronic Study Data Submission; Data Standards; Technical Rejection Criteria for Study Data Effective Date, 40855-40856 2021-16187 Guidance: Rabies: Developing Monoclonal Antibody Cocktails for the Passive Immunization Component of Post-Exposure Prophylaxis, 40851-40853 2021-16175 Withdrawal of Approval of 85 Abbreviated New Drug Applications: Actavis Elizabeth, LLC, et al., 40850-40851 2021-16178 Food and Nutrition Food and Nutrition Service RULES Supplemental Nutrition Assistance Program: 2008 Farm Bill Provisions on Clarification of Split Issuance; Accrual of Benefits and Definition Changes: Delay of Implementation Date for Certain Provisions, 40763-40764 2021-16123 NOTICES Food Distribution Program: Value of Donated Foods From July 1, 2021 Through June 30, 2022, 40803-40804 2021-16107 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:, 40843 2021-16163 Health and Human Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Medicare & Medicaid Services See Community Living Administration See Food and Drug Administration See National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40860-40861 2021-16159 Meetings: Advisory Committee on Blood and Tissue Safety and Availability, 40861 2021-16120 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Chemical Facility Anti-Terrorism Standards; Correction, 40866-40867 2021-16215 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Closeout Instructions for Community Development Block Grant Programs, 40867-40868 2021-16157 Interior Interior Department See Ocean Energy Management Bureau Internal Revenue Internal Revenue Service NOTICES Quarterly Publication of Individuals Who Have Chosen To Expatriate, 40899-40910 2021-16201 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Cold-Rolled Steel Flat Products From the Republic of Korea, 40808-40810 2021-16172 Justice Department Justice Department See Drug Enforcement Administration Labor Department Labor Department See Employment and Training Administration Library Library of Congress See Copyright Royalty Board National Agricultural National Agricultural Library NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40802 2021-16139 National Drug National Drug Control Policy Office NOTICES Appointment of Members of Senior Executive Service Performance Review Board, 40880 2021-16167 National Institute National Institute of Standards and Technology NOTICES National Voluntary Laboratory Accreditation Program: Establishment of a Laboratory Accreditation Program for Laboratories Performing System Integration Testing and Operational/User Acceptance Testing on Federal Warfare Systems, 40813-40814 2021-16179 Request for Information: Artificial Intelligence Risk Management Framework, 40810-40813 2021-16176 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 40864 2021-16112 Exploring the Science Surrounding the Safe Use of Bioactive Ingredients in Infant Formula: Considerations for an Assessment Framework; Workshop, 40862 2021-16118 National Cancer Institute, 40862-40863 2021-16162 National Heart, Lung, and Blood Institute, 40861-40862 2021-16160 National Institute of Biomedical Imaging and Bioengineering, 40863 2021-16161 Scientific Workshop on Violence and Related Health Outcomes in Sexual and Gender Minority Communities Open Session, 40863-40864 2021-16190 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: 2021 Closure for Spiny Lobster in the United States Caribbean off Puerto Rico, 40787-40788 2021-16170 Fisheries of the Exclusive Economic Zone Off Alaska: Reapportionment of the 2021 Gulf of Alaska Pacific Halibut Prohibited Species Catch Limits for the Trawl Deep-Water and Shallow-Water Fishery Categories, 40788-40789 2021-16183 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application and Certification Requirements for Distributors of Electronic Navigational Charts/Hydrographic Products, 40814-40815 2021-16152 Endangered and Threatened Species: Take of Anadromous Fish, 40815-40816 2021-16171 Meetings: South Atlantic Fishery Management Council, 40817 2021-16186 National Science National Science Foundation NOTICES Meetings: Astronomy and Astrophysics Advisory Committee, 40881-40882 2021-16114 Meetings; Sunshine Act, 40880-40881 2021-16315 Service Contract Inventory, 40881 2021-16106 Nuclear Regulatory Nuclear Regulatory Commission RULES Spent Fuel Reprocessing, 40764-40765 2021-16173 Ocean Energy Management Ocean Energy Management Bureau NOTICES Requests for Nominations: Commercial Leasing for Wind Power Development on the Outer Continental Shelf Offshore Morro Bay, California, East and West Extensions, 40869-40873 2021-16134 Postal Service Postal Service NOTICES Meetings; Sunshine Act, 40882 2021-16191 Product Change: Priority Mail and First-Class Package Service Negotiated, 40883 2021-16101 Priority Mail and First-Class Package Service Negotiated Service Agreement, 40882-40883 2021-16103 Priority Mail Express, Priority Mail, and First-Class Package Service Negotiated Service Agreement, 40883 2021-16102 Priority Mail Negotiated Service Agreement, 40882-40883 2021-16100 2021-16105 2021-16108 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Anniversary of the Americans With Disabilities Act (Proc. 10236), 40761-40762 2021-16303 Made in America Week (Proc. 10234), 40757-40758 2021-16301 National Korean War Veterans Armistice Day (Proc. 10235), 40759-40760 2021-16302 ADMINISTRATIVE ORDERS Foreign Assistance Act of 1961; Delegation of Authority (Memorandum of July 23, 2021), 40911-40913 2021-16379 Immigration and Naturalization: Unexpected Urgent Refugee and Migration Needs (Presidential Determination No. 2021-09 of July 23, 2021), 40915 2021-16382 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 40883-40885 2021-16121 New York Stock Exchange, LLC, 40885-40893 2021-16122 Small Business Small Business Administration RULES Debt Refinancing in the 504 Loan Program, 40775-40779 2021-15975 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40893-40896 2021-16014 2021-16015 Disaster Declaration: Alabama, 40893 2021-16203 Surface Transportation Surface Transportation Board NOTICES Discontinuance Exemption: C and NC Railroad, LLC; Wayne and Henry Counties, IN, 40896 2021-16271 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Approval of New Credentialing Organization for Healthcare Workers for Certain Immigration Purposes, 40867 2021-16181 Customs U.S. Customs and Border Protection NOTICES COBRA Fees To Be Adjusted for Inflation in Fiscal Year 2022, 40864-40866 2021-16237 Separate Parts In This Issue Part II Presidential Documents, 40911-40913, 40915 2021-16379 2021-16382 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. 86 143 Thursday, July 29, 2021 Rules and Regulations DEPARTMENT OF AGRICULTURE Food and Nutrition Service 7 CFR Part 274 [FNS 2016-0074] RIN 0584-AE02 Supplemental Nutrition Assistance Program (SNAP): 2008 Farm Bill Provisions on Clarification of Split Issuance; Accrual of Benefits and Definition Changes: Delay of Implementation Date for Certain Provisions AGENCY: Food and Nutrition Service (FNS), USDA. ACTION: Interim final rule; request for comments. SUMMARY: This interim final rule delays from September 24, 2021, until September 24, 2022, the implementation date of certain provisions of the final rule entitled, “Supplemental Nutrition Assistance Program (SNAP): 2008 Farm Bill Provisions on Clarification of Split Issuance; Accrual of Benefits and Definition Changes” (“the Final Rule”), which was published in the **Federal Register** on August 24, 2020 and became effective on September 23, 2020. The original implementation date for the final rule was September 24, 2021. For reasons explained below, mostly arising from the burden on State agency resources caused by the COVID-19 pandemic, FNS is changing the implementation date for certain provisions of the final rule to September 24, 2022, effective immediately. DATES: *Effective date:* This interim final regulation regarding the delay of the implementation date is effective July 29, 2021. *Comments due date:* To be considered, written comments on this interim final rule must be received on or before August 30, 2021. *Implementation date:* State agencies must fully implement the requirements at 7 CFR parts 274.2(h) and 274.2(i)(1)-(3) as established by the final rule published August 24, 2020 (85 FR 52025), no later than September 24, 2022. ADDRESSES: Comments may be submitted through the Federal eRulemaking Portal. Go to *http://www.regulations.gov* and follow the instructions for submitting comments electronically. Comments may be submitted via email to *Shanta.Swezy@usda.gov.* You may also mail comments to: Shanta Swezy, Chief, Issuance Support Branch, Retailer and Issuance Policy and Innovation Division, Food and Nutrition Service (FNS), U.S. Department of Agriculture (USDA), 1320 Braddock Place, Alexandria, Virginia 22314. FOR FURTHER INFORMATION CONTACT: Shanta Swezy at the address above or

(703)305-2238, *Shanta.Swezy@usda.gov.* SUPPLEMENTARY INFORMATION: The final rule, in part, amended SNAP regulations at 7 CFR 274.2(h) and 274.2(i)(1)-(3) to implement provisions of the Food, Conservation and Energy Act of 2008 (Pub. L. 110-234) (2008 Farm Bill) and the Agriculture Improvement Act of 2018 (Pub. L. 115-334) (2018 Farm Bill) regarding storage of benefits off-line and permanent expungement of unused benefits. Due to the extenuating circumstances of COVID-19, State agencies have been focusing efforts on the programming necessary for the 15 percent Thrifty Food Plan increase authorized by the Consolidated Appropriations Act, 2021 (Pub. L 116-133), Pandemic EBT (P-EBT) authorized by the Families First Coronavirus Response Act (FFCRA, Pub. L. 116-127), and Emergency Allotments authorized by FFCRA, which have been essential to providing households additional support during the COVID-19 pandemic. As such, the September 24, 2021 implementation date poses administrative and management information system challenges for State agencies, and efforts to meet it would divert resources from other, more pressing programs and the nutrition assistance that they provide at this critical time. The new implementation date of September 24, 2022, as established by this interim final rule, is intended to result in more effective and efficient implementation of the new requirements for offline storage and expungement, and enable State agencies to better manage any cost adjustments arising from the changes. Administrative Procedure Act Statement Pursuant to the Administrative Procedure Act (APA), notice and comment are not required prior to the issuance of a rule if an agency, for good cause, finds that “notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.” 5 U.S.C. 553(b)(B). USDA recognizes that courts have held that the good cause exception to notice and comment rulemaking is to be narrowly construed and only reluctantly countenanced. Following these principles, the Department finds for good cause that notice and public comment is impracticable, unnecessary, and contrary to the public interest for this rule. Due to the extenuating circumstances of the COVID-19 pandemic, State agencies have intently been working to meet multiple essential pandemic-related requirements. This has limited their ability to implement the final rule, necessitating an implementation date change for certain provisions of the final rule. A notice and public comment period would be impracticable because it would consume time before certainty about the implementation date could be achieved, when State agencies need to know immediately whether the September 24, 2021 implementation date still stands, as it is fast approaching. During a notice and comment period, States would face challenges regarding how best to use their resources. States likely would divert resources from other pandemic-related requirements to ensure they can meet an implementation date that might, after the notice and comment period, not be sustained. Accordingly, the purpose of delaying the implementation date—averting the States' diversion of resources—would be impeded by waiting until after a notice and comment period to determine if the implementation date would be delayed. In addition, being informed of the implementation date change is critical to State agency planning and allocation of resources, and having to divide those resources between COVID-19 needs and implementation of this final rule could potentially compromise important State efforts related to COVID-19. Thus, it is in the best interest of the public to proceed to change the implementation date immediately without notice-and-comment rulemaking. Timothy English, Acting Administrator, Food and Nutrition Service. [FR Doc. 2021-16123 Filed 7-28-21; 8:45 am]

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