Unknown. Final rule

6,874 words·~31 min read·/register/2021/08/04/2021-14398

A 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-2021-08-04.xml --- 86 147 Wednesday, August 4, 2021 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Explosives Employee Possessor Questionnaire, 41993 2021-16594 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Nomination Request Form; Animal Disease Training, 41937 2021-16632 Antitrust Division Antitrust Division NOTICES Granting of Requests for Early Termination of the Waiting Period under the Premerger Notification Rules, 41993-41994 2021-16651 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Publication of FY 2018 Service Contract Inventory, 41963-41964 2021-16634 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings:

Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, NIOSH Member Conflict Review, 41972 2021-16610 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program: FY 2022 Hospice Wage Index and Payment Rate Update, Hospice Conditions of Participation Updates, Hospice and Home Health Quality Reporting Program Requirements, 42528-42606 2021-16311 FY 2022 Inpatient Psychiatric Facilities Prospective Payment System and Quality Reporting Updates for Fiscal Year Beginning October 1, 2021 (FY 2022), 42608-42679 2021-16336 Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2022 and Updates to the IRF Quality Reporting Program;

Payment for Complex Rehabilitative Wheelchairs and Related Accessories (Including Seating Systems) and Seat and Back Cushions Furnished in Connection with Such Wheelchairs, 42362-42422 2021-16310 Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities; Updates to the Quality Reporting Program and Value-Based Purchasing Program for Federal Fiscal Year 2022; and Technical Correction to Long-Term Care Facilities Physical Environment Requirements, 42424-42525 2021-16309 PROPOSED RULES Medicare Program:

Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; etc., 42018-42360 2021-15496 Coast Guard Coast Guard PROPOSED RULES Special Local Regulation: Ohio River, Louisville, KY, 41909-41911 2021-16573 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See National Technical Information Service See Patent and Trademark Office Defense Department Defense Department See Engineers Corps Energy Department Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps PROPOSED RULES Request for Recommendations:

Waters of the United States, 41911-41914 2021-16643 Environmental Protection Environmental Protection Agency RULES Pesticide Tolerances: Zeta-Cypermethrin, 41895-41906 2021-16189 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: South Carolina; Revisions to Definitions, 41914-41916 2021-16032 Request for Recommendations: Waters of the United States, 41911-41914 2021-16643 NOTICES Clean Air Act Operating Permit Program: Petition for Objection to State Operating Permit for ABC Coke Plant (Jefferson County, AL), 41967-41968 2021-16612 Petition for Objection to State Operating Permit for the Owens-Brockway Glass Container Inc.

Facility, Multnomah County, OR, 41968 2021-16647 Export Import Export-Import Bank NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41968-41970 2021-16568 2021-16569 2021-16576 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Eveleth, MN, 41894-41895 2021-16531 Federal Communications Federal Communications Commission PROPOSED RULES Television Broadcasting Services: Henderson, NV, 41916-41917 2021-16589 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 41970-41971 2021-16636 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 41964-41965 2021-16601 2021-16602 Filing: Oncor Electric Delivery Co., LLC, 41967 2021-16599 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Bay Tree Lessee, LLC, 41965-41966 2021-16604 Bay Tree Solar, LLC, 41966 2021-16603 Dichotomy Power Maine, LLC, 41966-41967 2021-16605 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 41971 2021-16596 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers;

Exemption Applications: Vision, 42007-42014 2021-16540 2021-16541 2021-16542 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 41972 2021-16633 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 41971-41972 2021-16631 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: Threatened Species Status with Section 4(d) Rule for Emperor Penguin, 41917-41934 2021-15949 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Medical Device Recall Authority, 41973-41974 2021-16635 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fourth Access, Participation, Eligibility, and Certification Study Series (APEC IV), 41938-41943 2021-16642 Special Supplemental Nutrition Program for Women, Infants, and Children Nutrition Assessment and Tailoring Study—In-Person Data Collection, 41945-41948 2021-16574 Request for Information:

Buy American in the National School Lunch Program and School Breakfast Program, 41943-41945 2021-16479 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health PROPOSED RULES Medicare Program: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; etc., 42018-42360 2021-15496 NOTICES Eighth Amendment to Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19, 41977-41982 2021-16681 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Health Center Program: COVID-19 Data Collection Tools, 41974-41976 2021-16591 National Health Service Corps Scholar/Students to Service Travel Worksheet, 41976-41977 2021-16597 Charter Amendment: Advisory Committee on Heritable Disorders in Newborns and Children, 41976 2021-16618 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection RULES Chemical Facility Anti-Terrorism Standards, 41889-41894 2021-14398 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office NOTICES Call for Nominations:

Exxon Valdez Oil Spill Public Advisory Committee, 41988 2021-16571 Meetings: Exxon Valdez Oil Spill Public Advisory Committee; Teleconference, 41988-41989 2021-16570 Internal Revenue Internal Revenue Service NOTICES Meetings: Taxpayer Advocacy Panel Joint Committee, 42014-42015 2021-16640 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Carbon and Alloy Steel Wire Rod from the Republic of Korea, 41951-41953 2021-16622 Certain Carbon and Alloy Steel Cut-To-Length Plate from Italy, 41953-41956 2021-16624 Large Diameter Welded Pipe from Canada, 41956-41958 2021-16625 Polyethylene Terephthalate Film, Sheet, and Strip from India, 41949-41950 2021-16620 Utility Scale Wind Towers from Malaysia, 41950-41951 2021-16621 International Trade Com International Trade Commission NOTICES Complaint:

Certain Radio Frequency Transmission Devices and Components Thereof, 41992-41993 2021-16551 Certain Smart Thermostats, Load Control Switches and Components Thereof, 41991-41992 2021-16552 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Antitrust Division NOTICES Proposed Consent Decree: Clean Air Act, 41994 2021-16623 Clean Water Act, 41994 2021-16626 Labor Department Labor Department PROPOSED RULES Increasing the Minimum Wage for Federal Contractors, 41907 2021-16649 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Methylene Chloride Standard, 41995 2021-16580 Slings Standard, 41995-41996 2021-16579 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Coastal Plain Oil and Gas Leasing Program, Alaska, 41989-41990 2021-16572 NASA National Aeronautics and Space Administration NOTICES Intent to Grant an Exclusive, Co-Exclusive or Partially Exclusive Patent License, 41996 2021-16554 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 41983-41984 2021-16537 2021-16609 Fogarty International Center, 41982-41983 2021-16607 National Heart, Lung, and Blood Institute, 41983-41984 2021-16549 National Institute on Aging, 41984-41985 2021-16536 2021-16538 National Institute on Drug Abuse, 41983-41985 2021-16577 2021-16608 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Petition to Issue Protective Regulations for Banggai Cardinalfish under Endangered Species Act, 41935-41936 2021-16220 NOTICES Environmental Impact Statements;

Availability, etc.: Proposed Lake Ontario National Marine Sanctuary, 41959-41960 2021-16639 Meetings: Mid-Atlantic Fishery Management Council, 41959 2021-16648 New England Fishery Management Council, 41958-41959 2021-16652 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Computer and Information Science and Engineering Research Experiences for Undergraduates Past Participant Survey, 41996-41997 2021-16638 Meetings:

National Artificial Intelligence Research Resource Task Force, 41997 2021-16566 National Technical National Technical Information Service NOTICES Opportunity to Enter into a Joint Venture Partnership with the National Technical Information Service for Data Innovation Support, 41960-41963 2021-16581 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Standards for Protection Against Radiation, 42003-42004 2021-16546 Environmental Assessments;

Availability, etc.: University of Massachusetts Lowell Research Reactor, 41998-42003 2021-16590 Establishment of Atomic Safety and Licensing Board: Cammenga and Associates, LLC, 41997-41998 2021-16543 Patent Patent and Trademark Office NOTICES Performance Review Board, 41963 2021-16586 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 42004-42005 2021-16593 Postal Service Postal Service NOTICES Meetings; Sunshine Act, 42005 2021-16749 Reclamation Reclamation Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Use Authorization Application, 41990-41991 2021-16583 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 42005 2021-16550 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 42005-42006 2021-16533 Disaster Declaration: Pennsylvania, 42006 2021-16532 Surface Mining Surface Mining Reclamation and Enforcement Office PROPOSED RULES Wyoming Regulatory Program, 41907-41909 2021-16545 Trade Representative Trade Representative, Office of United States NOTICES Product Exclusion:

China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation; Conforming Amendment, 42006-42007 2021-16567 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration Treasury Treasury Department See Internal Revenue Service U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Extension of Initial Registration Periods for New Temporary Protected Status Applicants under the Designations for Venezuela, Syria, and Burma;

Correction to the Notice on the Designation of Venezuela for Temporary Protected Status and Implementation of Employment Authorization for Venezuelans Covered by Deferred Enforced Departure, 41986-41988 2021-16611 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Declaration of Free Entry for Returned American Products, 41985-41986 2021-16606 Veteran Affairs Veterans Affairs Department NOTICES Cost-Based and Inter-Agency Billing Rates for Medical Care or Services for Fiscal Year 2022, 42015-42016 2021-16627 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 42018-42360 2021-15496 Health and Human Services Department, 42018-42360 2021-15496 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 42362-42422 2021-16310 Part IV Health and Human Services Department, Centers for Medicare & Medicaid Services, 42424-42525 2021-16309 Part V Health and Human Services Department, Centers for Medicare & Medicaid Services, 42528-42606 2021-16311 Part VI Health and Human Services Department, Centers for Medicare & Medicaid Services, 42608-42679 2021-16336 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. 86 147 Wednesday, August 4, 2021 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY 6 CFR Part 27 [Docket No. CISA-2021-0007] Chemical Facility Anti-Terrorism Standards: Technical Amendments AGENCY: Cybersecurity and Infrastructure Security Agency, DHS.

ACTION: Final rule. SUMMARY: This final rule makes non-substantive technical, organizational, and conforming amendments to the Chemical Facility Anti-Terrorism Standards. DATES: This final rule is effective August 4, 2021. FOR FURTHER INFORMATION CONTACT: Lona Saccomando, (202)-579-0590, *CISARegulations@cisa.dhs.gov.* SUPPLEMENTARY INFORMATION: I. Regulatory History We did not publish a notice of proposed rulemaking for this rule. Under Title 5 of the United States Code (U.S.C.), Section 553(b)(A), the Cybersecurity and Infrastructure Security Agency

(CISA)finds that this final rule is exempt from notice and public comment rulemaking requirements because notice and comment procedures are unnecessary for this final rule under 5 U.S.C. 553(b)(B), as this rule consists of only technical and editorial corrections and these changes will have no substantive effect on the public. Under 5 U.S.C. 553(d)(3), CISA finds that, for the same reasons, good cause exists for making this final rule effective upon publication in the **Federal Register** . II. Basis and Purpose CISA is issuing technical, organizational, and conforming amendments to existing regulations in part 27 of title 6 of the Code of Federal Regulations (CFR), relating to the Chemical Facility Anti-Terrorism Standards (CFATS). These technical amendments provide the public with more accurate and current regulatory information, but do not change the effect on the public of these regulations. This final rule makes technical and editorial corrections to the CFATS regulations. These changes are necessary to correct errors, change addresses, update titles, and make other non-substantive amendments that improve the clarity of the CFR. This rule does not create or change any substantive requirements. This final rule is issued under the authority of 5 U.S.C. 552(a), 5 U.S.C. 553, and 6 U.S.C. 627. III. Discussion of the Rule Until 2018, the CFATS program was administered by the Office of Infrastructure Protection of the National Protection and Programs Directorate

(NPPD)of the Department of Homeland Security (DHS). In 2018, Congress passed the Cybersecurity and Infrastructure Security Agency Act of 2018, redesignating NPPD as CISA, and establishing CISA as a component of DHS. To account for the organizational changes, throughout the regulatory text of 6 CFR 27, in this rule CISA is replacing the titles for various organizations within the Department, previously responsible for operating the CFATS program, with the appropriate titles of CISA personnel and organizations. We have replaced references to “National Protection and Programs” and “Office of Infrastructure Protection” with “Cybersecurity and Infrastructure Security Agency.” We have replaced references to the “Chemical Security Division” with “Chemical Security.” We have also replaced references to the Under Secretary, Assistant Secretary, and Director of the Chemical Security Division with references to the Director, Executive Assistant Director, and Associate Director for Chemical Security, respectively. CISA has also replaced references to the Office of General Counsel of DHS with references to the Office of the Chief Counsel of CISA, where appropriate. These changes have been made throughout 6 CFR part 27. We have also removed the definition of “Deputy Secretary” because it is not referenced in the regulatory text. We have replaced references to “section 550,” which refers to the original numbering from the Homeland Security Appropriations Act 2007, with language referring to “this part” or references to the U.S. Code citation—6 U.S.C. 621 *et seq.* —to reflect changes in statutory numbering. We have removed gendered references to officials ( *e.g.,* “his designee,” or “his staff”) and used gender-neutral terms where appropriate. In several sections, CISA has made grammatical or stylistic corrections to fix minor errors in the regulation such as consistent use of the Oxford comma and consistently hyphenating the term “high-risk” when it is used as an adjective. We discuss select additional specific changes below, and note that this is not an exhaustive list of changes. For an exhaustive list of changes, please see the amendatory instructions at the end of this document. In section 27.105, CISA updates the definition of *A Placarded Amount* to spell out the acronym STQ. In the definition of Alternative Security Program we capitalize the word “State.” In the definition of *Chemical Security Assessment Tool or CSAT* we remove the list of examples from the definition. CISA is adding a new definition for the term *Office of the Chief Counsel* to clearly indicate the term refers to the Office of the Chief Counsel within CISA. In the definition of *CUM 100g,* CISA is clarifying that the term is used only in the context of chemical weapons themselves, which are a subset of the “Theft—CW/CWP” category. In the definition of *Secretary,* CISA is replacing the citation to section 550 with a citation to 6 U.S.C. 621 *et seq.,* to make the citation easier to find. Finally, we are correcting a citation in the definition of *Terrorist attack* or *terrorist incident* by replacing a citation to the definition of *terrorism* or *terrorist activity,* previously noted as 6 U.S.C. 101(15), with a citation to 6 U.S.C. 101(16). In section 27.110(b), CISA is rewording the reference to excluded facilities by replacing the existing language with a clear reference to statutory exclusions in 6 U.S.C. 621(4) and breaking down the long paragraph on excluded facilities into four subsections to make clear that the regulatory language does not change the scope of the statutory exemption. In section 27.210, CISA is adjusting the language in paragraph (b)(1) to make clear that the requirement to complete and submit a new Top-Screen is calculated from the date of the approval of the facility's latest Security Plan. Additionally, CISA is splitting the paragraph into two sub-paragraphs to improve readability, and removing an extra space in paragraph (b)(3). In section 27.400, CISA is correcting a citation to the Federal Records Act in paragraph (k), replacing an inaccurate U.S. Code reference to the proper citation to that Act. Numerous other changes to style, language, and punctuation are being made in this technical amendment. In the text above, we discussed the particulars of some of the more significant changes. Examination of the amendments to the regulatory text below will the detail numerous additional edits to grammar, punctuation, abbreviation, and numbering that have been made in this document. List of Subjects in 6 CFR Part 27 Reporting and recordkeeping requirements, Security measures. For the reasons set forth in the preamble, the Department of Homeland Security amends 6 CFR part 27 as follows: PART 27—CHEMICAL FACILITY ANTI-TERRORISM STANDARDS 1. The authority citation for part 27 is revised to read as follows: Authority: 6 U.S.C. 624; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 114-74, 129 Stat. 599; Pub. L. 113-254, 128 Stat. 2898, as amended by Pub. L. 116-150, 134 Stat. 679. § 27.100 [Amended] 2. Amend § 27.100 by removing the “§ ” symbol after the term “6 U.S.C.”. 3. Amend § 27.105 as follows: a. In the definition of “ *A Placarded Amount* ” remove the term “STQ” and add, in its place, the term “screening threshold quantity (STQ)”; b. In the definition of “ *Alternative Security Program or ASP* ”: i. Remove the word “state” and add, in its place, the word “State”; ii. Add a comma after the term “Federal government program”; and iii. Remove the term “Assistant Secretary” and add in its place the term “Executive Assistant Director”; c. Add, in alphabetical order the definition of “ *Associate Director for Chemical Security* ”; d. Remove the definition of “ *Assistant Secretary* ”; e. In the definition of “ *Chemical Facility or facility* ”, remove the term “Assistant Secretary” and add in its place the term “Executive Assistant Director”; f. In the definition of “ *Chemical Security Assessment Tool or CSAT* ”, remove the phrase “four applications, including User Registration, Top-Screen, Security Vulnerability Assessment, and Site Security Plan,” and add in its place the word “applications”; g. In the definition of “ *Chemical-terrorism Vulnerability Information* ”, remove the phrase “or CVI” and add, in its place, the term “(CVI)”; h. In the definition of “ *Coordinating Official* ”: i. Remove the word “his”; and ii. Remove the term “Assistant Secretary” and add, in its place, the term “Executive Assistant Director”; i. In the definition of “ *Covered Facility or Covered Chemical Facility* ”, remove the term “Assistant Secretary” wherever it appears and add in its place, the term “Executive Assistant Director”; j. Revise the definition of *CUM 100g;* k. Remove the definition of “ *Deputy Secretary* ”; l. Add, in alphabetical order the definition of “ *Director* ”; m. Remove the definition of “ *Director of the Chemical Security Division or Director* ”; n. Add, in alphabetical order the definition of “ *Executive Assistant Director* ”; o. Remove the definition of “ *General Counsel* ”; p. Add, in alphabetical order the definition of “ *Office of the Chief Counsel* ”; q. In the definition of “ *Present high levels of security risk and high risk* ”, add a comma after the term “national security”; r. In the definition of “ *Risk profiles* ”, remove the term “Assistant Secretary” and add, in its place, the term “Executive Assistant Director”; s. In the definition of “ *Secretary or Secretary of Homeland Security* ”: i. Add a comma after the word “officer”; and ii. Remove the term “section 550” and add, in its place, the term “6 U.S.C. 621 *et seq.* ”; t. In the definition of “ *Security Issue* ”: i. Remove the comma from the end of paragraph

(2)and add in its place a semicolon; ii. Remove the comma from the end of paragraph

(3)and add in its place “; and” u. In the definition of “ *Terrorist attack or terrorist incident* ”: i. Remove the term “6 U.S.C. 101(15)” and add, in its place, the term “6 U.S.C. 101(16)”; and ii. Add a comma after the word “misappropriation”; v. In the definition “ *Tier* ”, remove the term “and which” and add, in its place, the word “that”; w. In the definition “ *Top-Screen* ”, remove the term “Assistant Secretary” and add, in its place, the term “Executive Assistant Director”; and x. Remove the definition of “ *Under Secretary* ”; The revisions and additions read as follows: § 27.105 Definitions. *Associate Director for Chemical Security* shall mean the Associate Director for Chemical Security, Infrastructure Security Division, Cybersecurity and Infrastructure Security Agency, Department of Homeland Security, or any successors to that position within the Department, or designee. *CUM 100g* shall refer to the cumulative STQ of 100 grams for designated Chemical Weapons (CW), located in appendix A to part 27 as the entry for the STQ and Minimum Concentration of certain Theft-CW/CWP chemicals. *Director* shall mean the Director of the Cybersecurity and Infrastructure Security Agency, Department of Homeland Security, or any successors to that position within the Department, or designee. *Executive Assistant Director* shall mean the Executive Assistant Director for the Infrastructure Security Division, Cybersecurity and Infrastructure Security Agency, Department of Homeland Security, any successors to that position within the Department, or designee. *Office of the Chief Counsel* shall mean the Office of the Chief Counsel of the Cybersecurity and Infrastructure Security Agency, Department of Homeland Security, or any successors within the Department. 4. Revise § 27.110 to read as follows: § 27.110 Applicability.

(a)This part applies to chemical facilities and to covered facilities as set out herein; and

(b)This part does not apply to a facility that is excluded as set forth in 6 U.S.C. 621(4):

(1)A facility regulated under the Maritime Transportation Security Act of 2002 (Pub. L. 107-295; 116 Stat. 2064);

(2)A public water system, as that term is defined in 42 U.S.C. 300f;

(3)A Treatment Works, as that term is defined in 33 U.S.C. 1292;

(4)A facility owned or operated by the Department of Defense or the Department of Energy; or

(5)A facility subject to regulation by the Nuclear Regulatory Commission, or by a State that has entered into an agreement with the Nuclear Regulatory Commission under 42 U.S.C. 2021(b) to protect against unauthorized access of any material, activity, or structure licensed by the Nuclear Regulatory Commission. § 27.115 [Amended] 5. Amend § 27.115 as follows: a. Remove the term “Assistant Secretary” wherever it appears and add, in its place, the term “Executive Assistant Director”; and b. Remove the term “the section 550 program” and add, in its place, the term “this part”. 6. Amend § 27.120 as follows: a. Revise the section heading; b. In paragraph

(a)remove the term “Assistant Secretary” and add, in its place, the term “Executive Assistant Director”; and c. In paragraph

(b)remove the term “and his staff”. The revision reads as follows: § 27.120 Designation of a Coordinating Official; consultations and technical assistance. § 27.200 [Amended] 7. Amend § 27.200: a. In paragraph

(a)add a comma after the second use of the word “safety”; b. In paragraph (b)(1) remove the term “Assistant Secretary” wherever it appears and add, in its place, the term “Executive Assistant Director”; c. In paragraph

(c)amend the paragraph heading by removing the words “ *High Risk* ” and adding in their place the words “ *High-Risk* ”; d. In paragraph (c)(1): i. In the first sentence, remove the word, “timeframe” and add, in its place, the words “time frame”; ii. Remove the term “Assistant Secretary” wherever it appears, and add, in its place, the term “Executive Assistant Director”; and iii. Add a comma after the citation “§ 27.250”. § 27.203 [Amended] 8. Amend § 27.203 as follows: a. In paragraph (a)(7): i. Remove the term “et. seq.” and add in its place the term “ *et seq.* ”; and ii. Add the word “or” after the semicolon at the end of the paragraph; b. In paragraph (a)(8) remove the term “in naturally occurring” and add in its place the term “In naturally occurring”; c. In paragraph (b)(1)(v): i. Add a comma after the word “kerosene”; ii. Remove the term “27.204(a)(2))” and add in its place “§ 27.204(a)(2)),”; d. In paragraph (b)(2): i. Remove the term “(c)(2)(i)” and add in its place the term “(b)(2)(i)”; and ii. Add a comma after the word “processes”; and e. In paragraph

(c)remove the term “theft/diversion-Chemical Weapons (CW)” and add, in its place, the term “theft/diversion-CW”. 9. Amend § 27.204 as follows: a. In paragraph (a)(2): i. Remove terms, “National Fire Protection Association (NFPA)” and “National Fire Protection Association” wherever they appear and add, in their place, the term “NFPA” ii. Revise the sixth sentence; b. In paragraph (b)(1): i. Remove the phrase “Theft/Diversion-Chemical Weapons

(CW)and Chemical Weapons Precursors (CWP Chemicals:” and add a paragraph (b)(1) heading; and ii. Remove the term “theft/diversion-CWC/CWP” and add, in its place, the term “theft/diversion-CW/CWP”; c. In paragraph (b)(2) remove the phrase “Theft/Diversion-Weapon of Mass Effect

(WME)Chemicals:” and add a paragraph (b)(2) heading; d. Revise the paragraph (b)(3) heading; and e. In paragraph

(c)remove the phrase “For each sabotage/contamination chemical of interest” and add, in its place, the phrase “For each sabotage and contamination chemical of interest”. The revisions read as follows: § 27.204 Minimum concentration by security issue.

(a)* * *

(2)* * * You may inspect a copy of the incorporated standard at the Department of Homeland Security, 1621 Kent Street, 9th Floor, Rosslyn, VA (please call 703-235-0709 to make an appointment), or at the National Archives and Records Administration (NARA). * * *

(b)* * *

(1)*Theft/Diversion-Chemical Weapons

(CW)and Chemical Weapons Precursors

(CWP)chemicals.* * * *

(2)*Theft/Diversion-Weapon of Mass Effect

(WME)chemicals. * * **

(3)*Theft/Diversion-Explosives/Improvised Explosive Device Precursor (EXP/IEDP) chemicals. * * ** § 27.205 [Amended] 10. Amend § 27.205 as follows: a. In paragraph (a): i. Remove the term “Assistant Secretary” and add, in its place, the term “Executive Assistant Director”; and ii. Add a comma after the term “national security”; and b. In paragraph

(b)remove the term “Assistant Secretary” wherever it appears and add, in its place, the term “Executive Assistant Director”. 11. Amend § 27.210 as follows: a. In paragraph

(a)remove the word “timeframes” and add in its place the term “time frames”; b. Revise paragraph (b)(1); c. In paragraph (b)(3) remove the extra space after the word “section”; and d. In paragraph

(c)remove the term “Assistant Secretary” wherever it appears and add, in its place, the term “Executive Assistant Director”. The revision reads as follows: § 27.210 Submissions schedule.

(b)* * *

(1)*Top-Screen.* Unless otherwise notified:

(i)Tier 1 and Tier 2 covered facilities must complete and submit a new Top-Screen no less than two years, and no more than two years and 60 calendar days, from the date of the Department's approval of the facility's most recent Site Security Plan.

(ii)Tier 3 and Tier 4 covered facilities must routinely complete and submit a Top-Screen no less than three years, and no more than three years and 60 calendar days, from the date of the Department's approval of the facility's most recent Site Security Plan. § 27.215 [Amended] 12. Amend § 27.215 as follows: a. In paragraph

(a)introductory text: i. Remove the term “Assistant Secretary” and add, in its place, the term “Executive Assistant Director”; and ii. Remove the term “high-risk” and add, in its place, “high risk”; b. In paragraph (a)(3) remove the term “Risk-Based Performance Standards” and add, in its place, the term “risk-based performance standards”; c. In paragraph

(b)remove the term “Assistant Secretary” and add, in its place, the term “Executive Assistant Director”; and d. In paragraph (d)(2): i. Add a comma after the word “revise”; and ii. Remove the term “Assistant Secretary” and add, in its place, the term “Executive Assistant Director”. § 27.220 [Amended] 13. In § 27.220 remove the term “Assistant Secretary” wherever it appears and add, in its place, the term “Executive Assistant Director”. § 27.225 [Amended] 14. Amend § 27.225 as follows: a. Remove the term “Assistant Secretary” wherever it appears and add, in its place, the term “Executive Assistant Director”; and b. In paragraph (d)(1) add a comma after the word “revises”. § 27.230 [Amended] 15. In § 27.230 remove the term “Assistant Secretary” wherever it appears, and add, in its place, the term “Executive Assistant Director”. § 27.235 [Amended] 16. In § 27.235 amend paragraph

(a)introductory text by: a. Removing the first use of the term, “Alternate Security Program” and adding, in its place, the term, “Alternative Security Program”; b. Removing the term “Assistant Secretary” and adding, in its place, the term “Executive Assistant Director”; and c. Removing the second and third uses of the term “Alternate Security Program” and adding, in their places, the term, “ASP”. § 27.240 [Amended] 17. Amend § 27.240 as follows: a. In paragraph

(a)remove the term “Alternative Security Programs” and add, in its place, the term “ASPs”; and b. In paragraph

(b)remove the term “SVA” wherever it appears, and add, in its place, the term “Security Vulnerability Assessment”. § 27.245 [Amended] 18. Amend § 27.245 as follows: a. In paragraph (a)(1) introductory text: i. Remove the phrase “review and approve or disapprove all” and add, in its place, the phrase “review, and either approve or disapprove, all”; ii. Remove the term “Alternative Security Programs” and add, in its place, the term “ASPs”; b. In paragraph (a)(1)(i) remove the phrase “Upon receipt of Site Security Plan” and add, in its place, the phrase “Upon receipt of the Site Security Plan”; and c. In paragraph

(b)remove the term “SSP” wherever it appears and add, in its place, the term “Site Security Plan”. § 27.250 [Amended] 19. Amend § 27.250 as follows: a. In paragraph (c)(1) remove the term “Under Secretary or Assistant Secretary” and add, in its place, the term “Director or Executive Assistant Director”; b. In paragraph (c)(2) remove the term “Director of the Chemical Security Division” and add, in its place, the term “Associate Director for Chemical Security”; c. In paragraph (d)(3) in the second sentence, remove the phrase “object and electronically stored” and add, in its place, the phrase “objects, and electronically stored”; d. In paragraph

(e)remove the term “CVI” and add, in its place, the term “Chemical-terrorism Vulnerability Information”; and e. In paragraph

(f)remove the term “Assistant Secretary” and add, in its place, the term “Executive Assistant Director”. § 27.255 [Amended] 20. Amend § 27.255 as follows: a. In paragraph (a)(1) remove the period at the end of the paragraph and add, in its place, a semicolon; b. In paragraph (a)(2) add a comma after the term “lessons learned”; and c. In paragraph (a)(6) remove the period at the end of the paragraph and add, in its place “; and”. § 27.300 [Amended] 21. Amend § 27.300 as follows: a. Remove the term “Assistant Secretary” wherever it appears and add, in its place, the term “Executive Assistant Director”; b. In paragraph (b)(1) remove the phrase “the Assistant may enter an Order Assessing Civil Penalty” and add, in its place, the phrase “the Executive Assistant Director may enter an Order Assessing Civil Penalty”; c. In paragraph (b)(2) add the word, “the” before the word “Department”; d. In paragraph (c)(1)(iv) remove the word “and” after the semicolon at the end of the paragraph; e. In paragraph (c)(1)(v): i. Remove the comma after the word “statement”; and ii. Remove the word “chemical” and add, in its place, the word “facility”; f. In paragraph

(d)remove the term “Notice for Application for Review” and add, in its place, the term “Notice of Application for Review”; and g. In paragraph

(f)remove the term “Notice of Application of Review” and add, in its place, the term “Notice of Application for Review”. § 27.305 [Amended] 22. Amend § 27.305(a) by removing the word “which” and add, in its place, the word “that”. § 27.310 [Amended] 23. Amend § 27.310 by: a. Removing the terms “Assistant Secretary” and “Assistant Secretary's” wherever they appear and adding in their places the terms “Executive Assistant Director” and “Executive Assistant Director's”, respectively; b. In paragraph (b)(1) removing the phrase, “with the office of the Department hereinafter designated by the Secretary”; c. In paragraph (b)(3) removing the term “General Counsel” and adding, in its place, the term “Office of the Chief Counsel”; d. In paragraph (b)(5) removing the phrase “fourteen calendar days” and adding, in its place, the phrase “14 calendar days”; and e. In paragraph (c): i. Removing the term “Office of General Counsel” and adding, in its place, the term “Office of the Chief Counsel”; ii. Adding a comma after the word “affidavits”; and iii. Removing the phrase “fourteen calendar days” and adding, in its place, the phrase “14 calendar days”; and f. In paragraph

(d)introductory text, removing the phrase “(as determined in his sole discretion)” and adding, in its place, the phrase “(as determined in his or her sole discretion)”. § 27.315 [Amended] 24. Amend § 27.315(b) by removing the phrase “this subpart, to serve generally in the capacity” and adding, in its place, the phrase “this subpart, to serve, generally, in the capacity”. § 27.320 [Amended] 25. Amend § 27.320 by: a. Removing the term “ *ex parte”* wherever it appears and adding in its place the term “ex parte”; and b. In paragraph

(b)removing the phrase “which is relevant” and adding, in its place, the phrase “that is relevant”. § 27.325 [Amended] 26. Amend § 27.325 by removing the term “Assistant Secretary” and adding, in its place, the term “Executive Assistant Director”. § 27.330 [Amended] 27. Amend § 27.330(b) by adding the word “a” before the phrase “decision as a matter of law”. § 27.335 [Amended] 28. Amend § 27.335 as follows: a. In paragraph (b)(1) remove the word “his” wherever it appears and add, in its place, the phrase “his or her”; and b. In paragraph (b)(2): i. Remove the phrase “facility of other person” and add, in its place, the phrase “facility or other person”; ii. Add a comma after the term “direct testimony”; iii. Remove the word “he” and add, in its place, the phrase “he or she”; and iv. Add a comma after the phrase “administrative action”. § 27.345 [Amended] 29. Amend § 27.345 by: a. Removing the term “Under Secretary” wherever it appears and adding, in its place, the term “Director”; b. Removing the term “Assistant Secretary” wherever it appears and adding, in its place, the term “Executive Assistant Director”; c. In paragraph (b)(3) removing the phrase “General Counsel” and adding, in its place, the phrase “Office of the Chief Counsel”; d. In paragraph (d)(1) removing the phrase “his designee” and adding, in its place, the phrase “his or her designee”; and e. Removing the term “ *ex parte”* wherever it appears in paragraphs (d)(1) through (d)(3), and adding in its place “ex parte”; f. In paragraph (d)(2): i. Removing the phrase “his designee” wherever it appears, and adding, in its place, the phrase “his or her designee”; ii. Removing the phrase “information which is relevant” and adding, in its place, the phrase “information that is relevant”; 30. Amend § 27.400 by: a. Removing the term “Assistant Secretary” wherever it appears and adding, in its place, the term “Executive Assistant Director” b. In paragraph (a): i. Removing the phrase “section 550(c) of the Homeland Security Appropriations Act of 2007” and adding, in its place, the term “6 U.S.C. 621 *et seq.”;* ii. Adding a comma after the word “State”; and c. In paragraph

(b)introductory text, removing the phrase “section 550(c) of the Department of Homeland Security Appropriations Act of 2007” and adding, in its place, the term “6 U.S.C. 623”; d. In paragraph (b)(3) adding a comma after the term “Letters of Approval”; e. In paragraph (b)(4) removing the word “Alternate” and adding in its place, the word “Alternative”; f. In paragraph (b)(7) adding a comma after the word “notices”; g. In paragraph (b)(9) after the word “his”, adding the term “or her”; h. In paragraph (c)(1) adding the word “and” after the semicolon at the end of the paragraph; i. In paragraph

(d)introductory text removing the dash from the end of the paragraph and add in its place a colon. j. In paragraph (d)(6) removing the dash from the end of the paragraph and adding in its place, a colon k. In paragraph (d)(7) removing the period at the end of the paragraph and adding in its place, “; and”; l. In paragraph (d)(8): i. Removing the term “critical infrastructure information” and adding in its place, the term “Protected Critical Infrastructure Information”; ii. Removing the term “section 214 of the Homeland Security Act” and adding in its place, the term “6 U.S.C. 133”; and iii. Removing the phrase “section 214 and any implementing regulations” and adding in its place, the phrase “6 U.S.C. 133 and any implementing regulations”; m. In paragraph (f)(1) introductory text removing the dash from end of the paragraph and adding in its place, a colon; n. In paragraph (f)(2) revising the paragraph heading to read “ *Protective markings.”;* o. In paragraph (f)(4) removing the term “audio recording” and adding in its place, the term “audio recordings”; p. In paragraph (g): i. Revise the paragraph heading; ii. Add a heading to paragraph (g)(1); iii. In paragraph (g)(2), remove the first sentence and add a paragraph heading; q. In paragraph (h)(1): i. Removing the term “section 550” wherever it appears and adding, in its place, the term “6 U.S.C. 621 *et seq.* ”; and ii. Removing the term “his counsel” and adding in its place, the term “his or her counsel”; r. In paragraph (i)(1) introductory text: i. Removing the term “section 550” and adding, in its place, the term “6 U.S.C. 621 *et seq.* ”; and ii. Removing the phrase “his sole discretion” and adding in its place the phrase “his or her sole discretion”; s. In paragraph (i)(2)introductory text: i. Removing the term “of section 550” and adding in its place, the term “under 6 U.S.C. 621 *et seq.* ”; and ii. Removing the dash from the end of the paragraph and adding in its place, a colon; t. In paragraph (i)(6) removing the term “of section 550” and adding in its place, the term “under 6 U.S.C. 621 *et seq.* ”; u. In paragraph (i)(7): i. In the introductory text, removing the dash at the end of the sentence and adding a period; ii. In paragraph (i)(7)(i) removing the word “Objection—” and adding a paragraph heading; iii. In paragraph (i)(7)(ii) removing the words “Action by court—” and adding a paragraph heading; and iv. In paragraph (i)(7)(iii) removing the words “Obligation by defendant—” and adding a paragraph heading; and v. In paragraph (k)(1) removing the citation “(5 U.S.C. 105)” and adding, in its place, the citation “(codified at 44 U.S.C. 3101 *et seq.* and 3301 *et seq.* )”. The revision reads as follows: § 27.400 Chemical-terrorism vulnerability information.

(f)* * *

(2)*Protective markings.* * * *

(g)*Disclosure by the Department* —(1) *In general.* * * *

(2)Disclosure of Segregable Information under the Freedom of Information Act and the Privacy Act. * * *

(i)* * *

(7)* * *

(i)*Objection.* * * *

(ii)*Action by court.* * * *

(iii)*Obligation of defendant.* * * * § 27.405 [Amended] 31. Amend § 27.405 as follows: a. In paragraph

(a)introductory text: i. Remove the term “state law” and add, in its place, the term “State law”; ii. Add a comma after the phrase “poses an obstacle to”; and iii. Add a comma after the word “disapproval”; b. In paragraph (b): i. Add a comma after the phrase “State law, regulation” wherever it appears; and ii. Remove the phrase, “promulgated regulation, ordinance, administrative action, order or decision, or common law standard” and, in its place, add the phrase “promulgated regulation, ordinance, administrative action, order, decision, or common law standard”; c. In paragraph

(c)remove the phrase “regulation, or administrative action, or decision or” and add, in its place, the phrase “regulation, administrative action, decision, or”; d. In paragraph (d)(1) i. Remove the phrase “administrative actions, or opinions or orders” and add, in its place, the phrase “administrative actions, opinions, or orders”; and ii. Add a comma after the term “pose an obstacle to”; and e. In paragraph (d)(2) remove the term “Assistant Secretary” and add, in its place, the term “Executive Assistant Director”. § 27.410 [Amended] 32. Amend § 27.410 as follows: a. In the section heading, remove the term “Third party” and add, in its place, the term “Third-party”; and b. In paragraph

(b)remove the term “Assistant Secretary” and add, in its place, the term “Executive Assistant Director”. Alejandro Mayorkas, Secretary, Department of Homeland Security. [FR Doc. 2021-14398 Filed 8-3-21; 8:45 am]

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