Unknown. Final rule

3,225 words·~15 min read·/register/2021/09/08/2021-19280

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--- schema: federal-register doc_type: fedreg source_file: FR-2021-09-08.xml --- 86 171 Wednesday, September 8, 2021 Contents Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Oil and Gas Production Safety Systems, 50373-50374 2021-19333 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare and Medicaid Programs: Adjustment of Civil Monetary Penalties for Inflation;

Continuation of Effectiveness and Extension of Timeline for Publication of the Final Rule, 50263-50264 2021-19382 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 50360 2021-19476 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Child Care Improper Payments Data Collection Instructions, 50361 2021-19299 TANF Pandemic Emergency Assistance Fund Financial Report for States, Territories and Tribes, 50361-50362 2021-19459 Coast Guard Coast Guard RULES Safety Zones:

Fireworks Displays, Air Shows and Swim Events in Captain of the Port Long Island Sound Zone, 50260-50263 2021-19148 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Defense Department Defense Department NOTICES Barriers Facing Small Businesses in Contracting with the Department of Defense, 50333-50334 2021-19352 Economic Development Economic Development Administration NOTICES Request for Applications:

National Advisory Council on Innovation and Entrepreneurship, 50323-50324 2021-19169 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Early Childhood Longitudinal Study, Kindergarten Class of 2023-24 Kindergarten and First-Grade Field Test Data Collection, National Sampling, and National Recruitment, 50336-50337 2021-19331 National Public Education Financial Survey 2019-2021: Common Core of Data, 50335 2021-19332 Trends in International Mathematics and Science Study Field Test Data Collection and Main Study Sampling, Recruitment, and Data Collection, 50337-50338 2021-19330 Reopening the Fiscal Year 2021 Competition for Certain Eligible Applicants:

Education Innovation and Research Program--Early-phase Grants, 50335-50336 2021-19283 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Site-Specific Advisory Board Chairs, 50338-50339 2021-19353 Environmental Protection Environmental Protection Agency PROPOSED RULES Potential Future Regulation Addressing Pyrolysis and Gasification Units, 50296-50303 2021-19390 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Chesapeake Bay Program Citizen Stewardship Index, Diversity Profile, and Local Leadership Surveys, 50346-50347 2021-19334 New Emissions Standards for Hazardous Pollutants for Inorganic Arsenic Emissions from Glass Manufacturing Plants) (Renewal), 50344-50345 2021-19433 New Source Performance Standards for Hot Mix Asphalt Facilities, 50343-50344 2021-19473 New Source Performance Standards for Primary and Secondary Emissions from Basic Oxygen Furnaces (Renewal), 50348-50349 2021-19432 Draft Scope of the Risk Evaluation to be Conducted under the Toxic Substances Control Act:

Octamethylcyclotetra-siloxane (D4), 50347-50348 2021-19392 Requests for Nominations: Candidates for Two Review Panels of the Clean Air Scientific Advisory Committee, 50345-50346 2021-19301 Farm Credit System Insurance Farm Credit System Insurance Corporation NOTICES Meetings, 50349 2021-19474 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Sac City, IA, 50250-50251 2021-19277 Scott City, KS, 50247-50248 2021-19278 South Florida, 50245-50247 2021-19268 Standish, MI, 50248-50249 2021-19276 Yoakum, TX, 50244-50245 2021-19272 Airworthiness Directives:

Airbus Helicopters, 50224-50230 2021-19247 2021-19252 Airbus Helicopters Deutschland GmbH

(AHD)Helicopters, 50222-50224 2021-19253 Airbus Helicopters Deutschland GmbH Helicopters, 50242-50244 2021-19250 Bell Textron Canada Limited Helicopters, 50232-50234, 50237-50239 2021-19244 2021-19251 Leonardo S.p.a. Helicopters, 50219-50222, 50235-50237, 50239-50242 2021-19243 2021-19248 2021-19249 Rolls-Royce Deutschland Ltd and Co KG (Type Certificate previously held by Rolls-Royce plc) Turbofan Engines, 50230-50232 2021-19279 PROPOSED RULES Airworthiness Directives: Bombardier, Inc., Airplanes, 50291-50295 2021-19237 Leonardo S.p.a Helicopters, 50289-50291 2021-19254 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Training and Qualification Requirements for Check Airmen and Flight Instructors, 50423-50424 2021-19360 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 50352-50354 2021-19307 2021-19308 Privacy Act; Systems of Records, 50349-50352 2021-18683 Federal Energy Federal Energy Regulatory Commission NOTICES Application: City of River Falls Municipal Utilities, 50340 2021-19454 Combined Filings, 50340-50343 2021-19457 2021-19458 Filing: Pacific Gas and Electric Co., 50341-50342 2021-19358 Request for Extension of Time: National Fuel Gas Supply Corp., 50339 2021-19455 Revised Schedule for Environmental Review of the Enhancement by Compression Project: Iroquois Gas Transmission System, LP, 50339-50340 2021-19456 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 50354 2021-19494 Federal Motor Federal Motor Carrier Safety Administration NOTICES Application for Exemption: Entry-Level Driver Training; Oak Harbor Freight Lines, Inc., 50426-50427 2021-19440 Qualification of Drivers; Exemption Applications: Vision, 50424-50426 2021-19471 Federal Reserve Federal Reserve System RULES Reserve Requirements of Depository Institutions (Regulation D), 50213-50214 2021-19280 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 50354-50357 2021-19298 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Senior Executive Service Performance Review Board, 50357 2021-19490 Federal Trade Federal Trade Commission NOTICES Proposed Consent Agreement: Support King, LLC (SpyFone.com), 50357-50359 2021-19388 Fish Fish and Wildlife Service RULES Endangered and Threatened Species: Endangered Species Status for Slenderclaw Crayfish and Designation of Critical Habitat, 50264-50287 2021-19093 Food and Drug Food and Drug Administration NOTICES Center for Drug Evaluation and Research Office of New Drugs Novel Excipient Review Pilot Program, 50363-50365 2021-19335 Requests for Nominations: Tobacco Products Scientific Advisory Committee; Voting Members, 50362-50363 2021-19444 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 50430 2021-19377 2021-19378 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activity: Volkswagen Group of America Chattanooga Operations, LLC, Foreign-Trade Zone 134, Chattanooga, TN, 50324 2021-19431 Proposed Production Activity: Avant Organics, LLC, Foreign-Trade Zone 261, Alexandria, LA, 50324 2021-19430 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Geological and Geophysical Data Preservation Program, 50371-50372 2021-19356 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: MCH Jurisdictional Survey Instrument for the Title V MCH Block Grant Program, Extension, 50365-50367 2021-19447 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Meetings: Manufactured Housing Consensus Committee, 50369-50370 2021-19495 Mortgage and Loan Insurance Programs under the National Housing Act; Debenture Interest Rates, 50370-50371 2021-19492 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service See Geological Survey RULES Indian Business Incubators Program, 50251-50260 2021-18736 NOTICES Privacy Act; System of Records, 50372-50373 2021-19285 Internal Revenue Internal Revenue Service PROPOSED RULES Meetings: Electronic-Filing Requirements for Specified Returns and Other Documents; Hearing, 50295-50296 2021-19361 NOTICES Meetings: Art Advisory Panel, 50430-50431 2021-19452 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Stainless Steel Flanges from India, 50325-50326 2021-19442 Extension of Due Date for the Submission of Comments on the Russian Federations Status as a Market Economy Country Under the Antidumping Duty Laws: Investigation of Urea Ammonium Nitrate Solutions from the Russian Federation, 50325 2021-19481 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from China, 50374 2021-19310 Justice Department Justice Department See Justice Programs Office NOTICES Proposed Settlement Agreement: CERCLA and the Pennsylvania Hazardous Sites Cleanup Act, 50374-50375 2021-19451 Justice Programs Justice Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Death in Custody Reporting Act Collection, 50375-50376 2021-19400 Management Management and Budget Office NOTICES Zero Trust Strategy Document, 50376-50377 2021-19303 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Assurance of Civil Rights Compliance, 50377 2021-19446 Remote Psychoacoustic Test, Phase 1, for Urban Air Mobility Vehicle Noise Human Response, 50377-50378 2021-19445 National Institute National Institute of Standards and Technology NOTICES Requests for Nominations: National Artificial Intelligence Advisory Committee; Subcommittee on Artificial Intelligence and Law Enforcement, 50326-50328 2021-19287 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of Office of Acquisitions System and FFRDC Contract Administration System Vendor Portals National Cancer Institute; Correction, 50367 2021-19281 Meetings: National Institute on Minority Health and Health Disparities, 50367-50368 2021-19466 National Oceanic National Oceanic and Atmospheric Administration RULES Revised Reporting Requirements Due to Catastrophic Conditions for Federal Seafood Dealers, Individual Fishing Quota Dealers, and Charter Vessels and Headboats: Portions of Louisiana, 50287-50288 2021-19379 PROPOSED RULES Fisheries of the Northeastern United States: Amendment 21 to the Atlantic Sea Scallop Fishery Management Plan, 50320-50322 2021-19367 Takes of Marine Mammals Incidental to Specified Activities: Lighthouse Repair and Tour Operations at Northwest Seal Rock, California, 50304-50320 2021-19124 NOTICES Environmental Impact Statements; Availability, etc.: Bering Sea and Aleutian Islands Halibut Abundance-Based Management of Amendment 80 Prohibited Species Catch Limit, 50331-50333 2021-19380 Meetings: Gulf of Mexico Fishery Management Council, 50330-50331 2021-19487 Mid-Atlantic Fishery Management Council, 50328, 50331 2021-19484 2021-19488 2021-19493 New England Fishery Management Council, 50328-50330 2021-19485 North Pacific Fishery Management Council, 50333 2021-19486 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 50378-50380 2021-19286 Permits Issued under the Antarctic Conservation Act, 50378, 50380 2021-19467 2021-19468 2021-19469 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Determination: Southern Nuclear Operating Co., Inc., Vogtle Electric Generating Plant, Units 3 and 4, Inspections, Tests, Analyses, and Acceptance Criteria, 50381-50382 2021-19306 Requests for Nominations: Advisory Committee on Reactor Safeguards, 50380-50381 2021-19179 Personnel Personnel Management Office NOTICES Changes in Premium Rates: Federal Employees Group Life Insurance Program, 50382-50384 2021-19475 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous Materials: Actions on Special Permits, 50427-50429 2021-19463 Applications for Modifications to Special Permits, 50429-50430 2021-19462 Postal Regulatory Postal Regulatory Commission NOTICES Public Inquiry on Service Performance Measurement Systems, 50384 2021-19450 Postal Service Postal Service NOTICES Meetings; Sunshine Act, 50384-50385 2021-18938 Product Change: Priority Mail Express, Priority Mail, and First-Class Package Service Negotiated Service Agreement, 50385 2021-19401 Securities Securities and Exchange Commission NOTICES Application: Investment Managers Series Trust and Hamilton Lane Advisors, LLC, 50400-50403 2021-19289 MainStay CBRE Global Infrastructure Megatrends Fund, et al., 50385 2021-19489 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 50391-50394 2021-19291 Long-Term Stock Exchange, Inc., 50403-50408 2021-19296 MEMX LLC, 50411-50420 2021-19294 New York Stock Exchange LLC, 50394-50400, 50408-50411 2021-19292 2021-19295 NYSE Arca, Inc, 50385-50391 2021-19293 Small Business Small Business Administration RULES Disaster Loan Program Changes, 50214-50219 2021-19232 Surface Transportation Surface Transportation Board NOTICES First-Mile/Last-Mile Service, 50421-50423 2021-19362 Lease and Operation Exemption with Interchange Commitment: NCSR, LLC, doing business as, New Castle Southern Railroad; Norfolk Southern Railway Co., 50420-50421 2021-19309 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Registration for Classification as a Refugee, 50368-50369 2021-19391 Veteran Affairs Veterans Affairs Department NOTICES High Risk List Action Plan, Managing Risks, and Improving Health Care, 50431 2021-19453 Meetings: Special Medical Advisory Group, 50431 2021-19288 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. 86 171 Wednesday, September 8, 2021 Rules and Regulations FEDERAL RESERVE SYSTEM 12 CFR Part 204 [Docket No. R-1754] RIN 7100-AG 18 Regulation D: Reserve Requirements of Depository Institutions AGENCY: Board of Governors of the Federal Reserve System. ACTION: Final rule. SUMMARY: The Board of Governors of the Federal Reserve System (“Board”) is amending Regulation D, Reserve Requirements of Depository Institutions, to revise the rate of interest paid on balances maintained at Federal Reserve Banks by or on behalf of eligible institutions (“IORB” rate). The final amendments specify that the IORB rate is 0.15 percent, an 0.05 percentage point increase from its prior level. The amendment is intended to establish the IORB rate at a level consistent with maintaining the Federal funds rate in the target range established by the Federal Open Market Committee (“FOMC” or “Committee”). This amendment does not reflect a change in the stance of monetary policy. The Board is also making certain conforming deletions for clarity to the provisions of Regulation D governing interest payable on balances at Reserve Banks. DATES: *Effective date:* The amendments to part 204 (Regulation D) are effective September 8, 2021. *Applicability date:* The IORB rate change was applicable on July 29, 2021. FOR FURTHER INFORMATION CONTACT: Sophia H. Allison, Senior Special Counsel (202-452-3565), Legal Division, or Laura Lipscomb, Deputy Associate Director (202-834-2979), Division of Monetary Affairs; for users of Telecommunications Device for the Deaf

(TDD)only, contact 202-263-4869; Board of Governors of the Federal Reserve System, 20th and C Streets NW, Washington, DC 20551. SUPPLEMENTARY INFORMATION: I. Statutory and Regulatory Background Section 19 of the Federal Reserve Act (“Act”) provides that balances maintained by or on behalf of certain institutions in an account at a Federal Reserve Bank (“Reserve Bank”) may receive earnings to be paid by the Reserve Bank at least once each quarter, at a rate or rates not to exceed the general level of short-term interest rates. 1 Institutions that are eligible to receive earnings on their balances held at Reserve Banks (“eligible institutions”) include depository institutions and certain other institutions. 2 Section 19 also provides that the Board may prescribe regulations concerning the payment of earnings on balances at a Reserve Bank. 3 1 12 U.S.C. 461(b)(1)(A) & (b)(12)(A). 2 See 12 U.S.C. 461(b)(1)(A) & (b)(12)(C); see also 12 CFR 204.2(y). 3 See 12 U.S.C. 461(b)(12)(B). On June 4, 2021, the Board published a final rule in the **Federal Register** amending Regulation D, effective July 29, to eliminate references to “IORR” and “IOER” and replace those references with references to a single “IORB” (interest on reserve balances) rate and to establish the IORB rate at 0.10 percent. 4 4 Final Rule, 86 FR 29937 (June 4, 2021). II. Amendments to IORB The Board is amending § 204.10(b)(1) of Regulation D to establish the IORB rate at 0.15 percent. The amendment represents a 0.05 percentage point increase in the IORB rate. This decision was announced on July 28, 2021, with an effective date of July 29, 2021, in the Federal Reserve Implementation Note (“Implementation Note”) that accompanied the FOMC's statement on July 28, 2021 (“FOMC Statement”). The FOMC Statement stated that the Committee decided to maintain the target range for the Federal funds rate at 0 to 1/4 percent. The Federal Reserve Implementation Note stated: The Board of Governors of the Federal Reserve System voted unanimously to establish the interest rate paid on reserve balances at 0.15 percent, effective July 29, 2021. The Implementation Note further stated: As announced on June 2, 2021, the Federal Reserve Board approved a final rule, effective July 29, amending Regulation D to eliminate references to an interest on required reserves

(IORR)rate and to an interest on excess reserves

(IOER)rate and replace them with a single interest on reserve balances

(IORB)rate. Therefore, the Board voted on one rate, the IORB rate, at this meeting and will continue to do so going forward. As a result, the Board is amending § 204.10(b)(1) of Regulation D to establish the IORB rate at 0.15 percent. The amendment is intended to establish the IORB rate at a level consistent with maintaining the Federal funds rate in the target range established by the Committee. This amendment does not reflect a change in the stance of monetary policy. Finally, the Board is also making certain conforming deletions for clarity to the provisions of Regulation D governing interest payable on balances at Reserve Banks. III. Administrative Procedure Act In general, the Administrative Procedure Act (“APA”) 5 imposes three principal requirements when an agency promulgates legislative rules (rules made pursuant to Congressionally-delegated authority):

(1)Publication with adequate notice of a proposed rule;

(2)followed by a meaningful opportunity for the public to comment on the rule's content; and

(3)publication of the final rule not less than 30 days before its effective date. The APA provides that notice and comment procedures do not apply if the agency for good cause finds them to be “unnecessary, impracticable, or contrary to the public interest.” 6 Section 553(d) of the APA also provides that publication at least 30 days prior to a rule's effective date is not required for

(1)a substantive rule which grants or recognizes an exemption or relieves a restriction;

(2)interpretive rules and statements of policy; or

(3)a rule for which the agency finds good cause for shortened notice and publishes its reasoning with the rule. 7 5 5 U.S.C. 551 *et seq.* 6 5 U.S.C. 553(b)(3)(A). 7 5 U.S.C. 553(d). The Board has determined that good cause exists for finding that the notice, public comment, and delayed effective date provisions of the APA are unnecessary, impracticable, or contrary to the public interest with respect to these final amendments to Regulation D. The rate change for IORB that is reflected in the final amendment to Regulation D was made with a view towards accommodating commerce and business and with regard to their bearing upon the general credit situation of the country. Notice and public comment would prevent the Board's action from being effective as promptly as necessary in the public interest and would not otherwise serve any useful purpose. Notice, public comment, and a delayed effective date would create uncertainty about the finality and effectiveness of the Board's action and undermine the effectiveness of that action. Accordingly, the Board has determined that good cause exists to dispense with the notice, public comment, and delayed effective date procedures of the APA with respect to this final amendment to Regulation D. IV. Regulatory Flexibility Analysis The Regulatory Flexibility Act (“RFA”) does not apply to a rulemaking where a general notice of proposed rulemaking is not required. 8 As noted previously, the Board has determined that it is unnecessary and contrary to the public interest to publish a general notice of proposed rulemaking for this final rule. Accordingly, the RFA's requirements relating to an initial and final regulatory flexibility analysis do not apply. 8 5 U.S.C. 603, 604. V. Paperwork Reduction Act In accordance with the Paperwork Reduction Act (“PRA”) of 1995, 9 the Board reviewed the final rule under the authority delegated to the Board by the Office of Management and Budget. The final rule contains no requirements subject to the PRA. 9 44 U.S.C. 3506; see 5 CFR part 1320, appendix A.1. List of Subjects in 12 CFR Part 204 Banks, Banking, Reporting and recordkeeping requirements. Authority and Issuance For the reasons set forth in the preamble, the Board amends 12 CFR part 204 as follows: PART 204—RESERVE REQUIREMENTS OF DEPOSITORY INSTITUTIONS (REGULATION D) 1. The authority citation for part 204 continues to read as follows: Authority: 12 U.S.C. 248(a), 248(c), 461, 601, 611, and 3105. 2. Section 204.10 is amended by: a. Revising paragraph (b)(1); b. Removing paragraphs (b)(4) and

(5)and (d)(5); and c. Redesignating paragraph (d)(6) as paragraph (d)(5). The revision reads as follows: § 204.10 Payment of interest on balances.

(b)* * *

(1)For balances maintained in an eligible institution's master account, interest is the amount equal to the interest on reserve balances rate (“IORB rate”) on a day multiplied by the total balances maintained on that day. The IORB rate is 0.15 percent. By order of the Board of Governors of the Federal Reserve System. Ann Misback, Secretary of the Board. [FR Doc. 2021-19280 Filed 9-7-21; 8:45 am]

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