Unknown. Final rule

3,155 words·~14 min read·/register/2021/09/20/2021-20221·

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--- schema: federal-register doc_type: fedreg source_file: FR-2021-09-20.xml --- 86 179 Monday, September 20, 2021 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See The U.S. Codex Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52123 2021-20236 AIRFORCE Air Force Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52132 2021-20200 Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Report of Multiple Sale or Other Disposition of Pistols and Revolvers, 52180-52181 2021-20187 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Pale Cyst Nematode, 52123-52124 2021-20197 Army Army Department NOTICES Environmental Impact Statements; Availability, etc.: Updates to the Implementation of Howard A. Hanson Dam Downstream Fish Passage, Washington, 52132-52133 2021-20240 Coast Guard Coast Guard NOTICES Draft Programmatic Environmental Impact Statement/Overseas Environmental Impact Statement:

Offshore Patrol Cutter Acquisition Program, 52162-52166 2021-20298 Commerce Commerce Department See Economic Analysis Bureau See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Meetings; Sunshine Act, 52131-52132 2021-20416 2021-20417 Defense Department Defense Department See Air Force Department See Army Department RULES Privacy Act;

Implementation, 52071-52072 2021-20221 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52133-52136 2021-20190 2021-20191 2021-20198 2021-20201 Meetings: Department of Defense Wage Committee, 52134-52135 2021-20204 Drug Drug Enforcement Administration NOTICES Decision and Order: Humberto A. Florian, M.D., 52203-52205 2021-20246 Salman Akbar, M.D., 52181-52196 2021-20247 Steven P. French, M.D., 52205-52207 2021-20245 Dismissal of Proceedings:

Lisa M. Jones, N.P., 52196-52203 2021-20241 Economic Analysis Bureau Economic Analysis Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Services Surveys: BE-30, Quarterly Survey of Ocean Freight Revenues and Foreign Expenses of U.S. Carriers, and the BE-37, Quarterly Survey of U.S. Airline Operators' Foreign Revenues and Expenses, 52125-52127 2021-20282 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Statewide Longitudinal Data System Survey 2021-2023, 52140 2021-20209 Applications for New Awards: Project to Support America's Families and Educators Grant Program, 52136-52139 2021-20394 Employee Benefits Employee Benefits Security Administration NOTICES Proposed Exemptions from Certain Prohibited Transaction Restrictions, 52209-52222 2021-20237 Employment and Training Employment and Training Administration NOTICES Change in Status of the Extended Benefit Program:

District of Columbia, 52222-52223 2021-20239 New Mexico, 52222 2021-20238 Energy Department Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration Environmental Protection Environmental Protection Agency RULES Pesticide Tolerances: Fluazinam, 52077-52082 2021-20254 Pyraclostrobin, 52083-52088 2021-20251 Spinetoram; Corrections, 52082-52083 2021-20248 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives:

Bell Textron Canada Limited (Type Certificate Previously Held by Bell Helicopter Textron Canada Limited) Helicopters, 52109-52111 2021-19964 Rolls-Royce Deutschland Ltd & Co KG (Type Certificate Previously Held by Rolls-Royce plc) Turbofan Engines, 52111-52114 2021-20234 Safran Helicopter Engines, S.A. (Type Certificate previously held by Turbomeca S.A.) Turboshaft Engines, 52106-52109 2021-20230 COVID-19 Related Relief Concerning Operations: Chicago O'Hare International Airport, John F.

Kennedy International Airport, Los Angeles International Airport, et al.; Winter 2021/2022 Scheduling Season, 52114-52120 2021-20400 NOTICES Reassignment of Schedules at Newark-Liberty International Airport, 52285-52289 2021-20399 Federal Communications Federal Communications Commission RULES Allowing Earlier Equipment Marketing and Importation Opportunities, 52088-52101 2021-19385 Further Streamlining FCC Rules Governing Satellite Services, 52102-52103 2021-19393 Mitigation of Orbital Debris in the New Space Age, 52101-52102 2021-20193 PROPOSED RULES Improving Competitive Broadband Access to Multiple Tenant Environments, 52120-52122 2021-20147 Federal Deposit Federal Deposit Insurance Corporation NOTICES Termination of Receiverships, 52153-52154 2021-20223 Federal Energy Federal Energy Regulatory Commission NOTICES Application:

Little Falls Hydroelectric Associates, LP, 52142-52143 2021-20271 Pyrites Hydro, LLC, 52141-52142 2021-20272 Authorization for Continued Project Operation: Aclara Meters, LLC, 52144-52145 2021-20273 Jason and Carol Victoria Presley, 52142 2021-20275 Town of Rollinsford, NH, 52144 2021-20274 Combined Filings, 52140, 52143-52144 2021-20249 2021-20252 Filing: Western Area Power Administration, 52144 2021-20253 Meetings: Technical Conference on Reassessment of the Electric Quarterly Report Requirements;

Technical Conference, 52141 2021-20270 Federal Highway Federal Highway Administration NOTICES Final State Agency Actions: I-17, Anthem Way to Jct. SR 69 in Maricopa County and Yavapai County, AZ, 52289-52290 2021-20131 Federal Railroad Federal Railroad Administration NOTICES Draft General Conformity Determination: California High-Speed Rail System Burbank to Los Angeles Section, 52290-52291 2021-20192 Federal Transit Federal Transit Administration NOTICES Funding Opportunity:

Fiscal Year 2021 Competitive; Grants for Buses and Bus Facilities Program, 52291-52296 2021-20203 Food and Drug Food and Drug Administration NOTICES Guidance: Questions and Answers on Biosimilar Development and the Biologics Price Competition and Innovation Act of 2009, 52154-52156 2021-20255 Foreign Trade Foreign-Trade Zones Board NOTICES Application for Reorganization and Expansion under Alternative Site Framework: Foreign-Trade Zone 15, Kansas City, MO, 52127 2021-20269 Health and Human Health and Human Services Department See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 52160-52161 2021-20276 Findings of Research Misconduct, 52158-52160 2021-20268 Health Resources Health Resources and Services Administration NOTICES List of Petitions Received: National Vaccine Injury Compensation Program, 52157-52158 2021-20233 Meetings: National Advisory Council on Migrant Health, 52156-52157 2021-20231 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Consolidated Plan, Annual Action Plan and Annual Performance Report, 52172-52173 2021-20199 HOME Investment Partnerships Program, 52168-52170 2021-20281 Appointments: The Performance Review Board, 52171-52172 2021-20205 Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Indian Highway Safety Grants, 52173-52174 2021-20257 Industry Industry and Security Bureau NOTICES Risks in the Information Communications Technology Supply Chain, 52127-52130 2021-20229 Interior Interior Department See Indian Affairs Bureau See Land Management Bureau See National Park Service International Trade Adm International Trade Administration RULES Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws, 52300-52384 2021-17861 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Surveys for User Satisfaction, Impact and Needs, 52130 2021-20232 Meetings: Civil Nuclear Trade Advisory Committee, 52130-52131 2021-20267 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Cold-Rolled Steel Flat Products from Brazil, China, India, Japan, Korea, and the United Kingdom, 52180 2021-20224 Investigations; Determinations, Modifications, and Rulings, etc.:

Certain Variable Speed Wind Turbine Generators and Components Thereof, 52179-52180 2021-20286 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Corrections Reporting Program, 52207-52209 2021-20260 National Crime Victimization Survey, 52207 2021-20261 Labor Department Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Intent to Conduct a Review of the Federal Coal Leasing Program, 52174-52175 2021-20283 Meetings: John Day-Snake Resource Advisory Council, Oregon, 52175 2021-20290 National Endowment for the Humanities National Endowment for the Humanities NOTICES Meetings: Humanities Panel, 52223-52224 2021-20228 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Humanities National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 52161-52162 2021-20279 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 52162 2021-20263 National Institute on Minority Health and Health Disparities, 52162 2021-20280 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States: Atlantic Sea Scallop Fishery; Closure of the Closed Area I Scallop Access Area to General Category Individual Fishing Quota Scallop Vessels, 52104-52105 2021-20288 Reef Fish Fishery of the Gulf of Mexico: 2021 Commercial and Recreational Closure of Silk Snapper, Queen Snapper, Blackfin Snapper, and Wenchman, 52103-52104 2021-20285 Snapper-Grouper Fishery of the South Atlantic: 2021 Recreational Accountability Measure and Closure for South Atlantic Golden Tilefish, 52104 2021-20287 NOTICES Meetings:

Evaluation of National Estuarine Research Reserve, 52131 2021-20256 National Park National Park Service NOTICES Intent to Repatriate Cultural Items: Peabody Museum of Archaeology and Ethnology, Harvard University, Cambridge, MA, 52178-52179 2021-20262 Inventory Completion: Mississippi Department of Archives and History, Jackson, MS, 52176-52177 2021-20264 Meetings: National Historic Landmarks Committee of the National Park System Advisory Board, 52177-52178 2021-20277 Requests for Nominations:

National Park Service Alaska Region Subsistence Resource Commission Program, 52175-52176 2021-20278 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Geosciences, 52224-52225 2021-20289 Meetings; Sunshine Act, 52224 2021-20342 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Definition and Requirements for a Nationally Recognized Testing Laboratory, 52223 2021-20235 Securities Securities and Exchange Commission NOTICES Application:

Pomona Investment Fund, et al., 52265-52273 2021-20207 Meetings; Sunshine Act, 52261 2021-20402 Self-Regulatory Organizations; Proposed Rule Changes: BOX Exchange LLC, 52241-52243 2021-20215 Cboe BYX Exchange, Inc., 52231-52234 2021-20219 Cboe BZX Exchange, Inc., 52261-52265 2021-20210 Nasdaq BX, Inc., 52243-52249 2021-20212 Nasdaq PHLX LLC, 52235-52240 2021-20211 NYSE American LLC, 52278-52284 2021-20216 NYSE Arca, Inc., 52225-52231 2021-20217 NYSE Chicago, Inc., 52255-52261 2021-20218 NYSE National, Inc., 52249-52255 2021-20213 The Nasdaq Stock Market LLC, 52273-52278 2021-20214 Small Business Small Business Administration NOTICES Major Disaster Declaration:

Arizona, 52284 2021-20208 Surface Transportation Surface Transportation Board NOTICES Charter Renewal: National Grain Car Council, 52285 2021-20250 Rail Energy Transportation Advisory Committee, 52284-52285 2021-20188 Tennessee Tennessee Valley Authority NOTICES Meetings: Regional Resource Stewardship Council, 52285 2021-20259 Codex The U.S. Codex Office NOTICES Meetings: Codex Committee on Nutrition and Foods for Special Dietary Uses, 52124-52125 2021-20225 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Federal Transit Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: TSA Airspace Waiver Program, 52166-52167 2021-20293 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: H-2 Petitioner's Employment Related or Fee Related Notification, 52167-52168 2021-20202 Unified Unified Carrier Registration Plan NOTICES Meetings; Sunshine Act, 52297 2021-20388 Veteran Affairs Veterans Affairs Department RULES Elimination of Copayment for Opioid Antagonists and Education on Use of Opioid Antagonists, 52072-52076 2021-20196 Referral for Administrative Decision for Character of Discharge Determinations, 52076-52077 2021-20220 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Cash Surrender or Policy Loan, 52298 2021-20295 Meetings: Advisory Committee on Disability Compensation, 52298 2021-20206 Western Western Area Power Administration NOTICES 2025 Resource Pool: Loveland Area Projects, Allocation Procedures and Call for Applications, 52145-52153 2021-20242 Separate Parts In This Issue Part II Commerce Department, International Trade Administration, 52300-52384 2021-17861 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. 86 179 Monday, September 20, 2021 Rules and Regulations DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 310 [Docket ID: DoD-2020-OS-0094] RIN 0790-AL17 Privacy Act of 1974; Implementation AGENCY: Office of the Secretary of Defense (OSD), Department of Defense.

ACTION: Final rule. SUMMARY: The Department of Defense (DoD or Department) is issuing a final rule to amend its regulations to exempt portions of the DoD-0005, Defense Training Records system of records from certain provisions of the Privacy Act of 1974. Specifically, the rule exempts portions of the Defense Training Records system of records from certain provisions of the Privacy Act because of national security requirements and to preserve the objectivity and fairness of testing and examination material.

DATES: This final rule is effective October 20, 2021. FOR FURTHER INFORMATION CONTACT: Ms. Lyn Kirby, *OSD.DPCLTD@mail.mil,*

(703)571-0070. SUPPLEMENTARY INFORMATION: I. Background On December 28, 2020 (85 FR 84316-84319), DoD published a notice of a new system of records

(SORN)establishing the DoD-0005, Defense Training Records system of records. This system covers DoD's collection, use, and maintenance of records about training delivered to DoD Service members, civilian personnel, and other DoD-affiliated individuals. The training data includes enrollment and participation information, information pertaining to class schedules, programs, and instructors, training trends and needs, testing and examination materials, and assessments of training efficacy. No comments on the Routine Uses were received during the SORN's 30-day public comment period. II. Privacy Act Exemption The Privacy Act permits Federal agencies to exempt eligible records in a system of records from certain provisions of the Act, including the provisions providing individuals with a right to request access to and amendment of their own records and accountings of disclosures of such records. If an agency intends to exempt a particular system of records, it must first go through the rulemaking process to provide public notice and an opportunity to comment on the proposed exemption. Because this system of records may contain classified information or information the release of which could compromise the fairness or objectivity of the testing or examination process, DoD proposed to exempt this system of records from certain provisions of the Privacy Act by a notice of proposed rulemaking

(NPRM)published at 85 FR 84278-84279 concurrently with the SORN. The NPRM proposed to modify DoD's Privacy Act regulations at 32 CFR part 310 to exempt portions of records maintained in DoD-0005 from the requirements of 5 U.S.C. 552a(c)(3) and (d)(1)-(4) of the Privacy Act, pursuant to 5 U.S.C. 552a(k)(1) and (k)(6) of the Privacy Act. The public comment period ended on February 26, 2021, and DoD did not receive any comments on the NPRM. This final rule adds to the DoD's Privacy Act exemptions for Department-wide systems of records found in 32 CFR 310.13. Records in this system of records are only exempt from the Privacy Act to the extent the purposes underlying the exemption pertain to the record. Regulatory Analysis Executive Order 12866, “Regulatory Planning and Review” and Executive Order 13563, “Improving Regulation and Regulatory Review” It has been previously determined that Privacy Act rules for the DoD are not significant rules. The rules do not:

(1)Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy; a sector of the economy; productivity; competition; jobs; the environment; public health or safety; or State, local, or tribal governments or communities;

(2)Create a serious inconsistency or otherwise interfere with an action taken or planned by another Agency;

(3)Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients thereof; or

(4)Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in these Executive Orders. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 *et seq.* ), it has been determined that Privacy Act rules for the DoD are not major rules, as defined by 5 U.S.C. 804(2). Section 202, Public Law 104-4, “Unfunded Mandates Reform Act” It has been determined that the Privacy Act rules for the DoD do not involve a Federal mandate that may result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100 million or more and that such rules will not significantly or uniquely affect small governments. Public Law 96-354, “Regulatory Flexibility Act” (5 U.S.C. Chapter 6) The Director of Administration and Management certified that Privacy Act rules for the DoD do not have significant economic impact on a substantial number of small entities because they are concerned only with the administration of Privacy Act systems of records within the DoD. Public Law 96-511, “Paperwork Reduction Act” (44 U.S.C. Chapter 35) It has been determined that Privacy Act rules for the DoD impose no additional reporting or recordkeeping requirements on the public under the Paperwork Reduction Act of 1995. Executive Order 13132, “Federalism” It has been determined that the Privacy Act rules for the DoD do not have federalism implications. The rules do not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Executive Order 13175, “Consultation and Coordination With Indian Tribal Governments” It has been determined that Privacy Act rules for the DoD do not have substantial effects on Indian tribal governments. The rules do not impose substantial direct compliance costs on one or more Indian tribes, preempt tribal law, or effect the distribution of power and responsibilities between the Federal Government and Indian tribes. List of Subjects in 32 CFR Part 310 Privacy. Accordingly, 32 CFR part 310 is amended as follows: PART 310—[AMENDED] 1. The authority citation for 32 CFR part 310 continues to read as follows: Authority: 5 U.S.C. 552a. 2. Section 310.13 is amended by adding paragraph (e)(4) to read as follows: § 310.13 Exemptions for DoD-wide systems.

(e)* * *

(4)*System identifier and name.* DoD-0005, “Defense Training Records.”

(i)*Exemptions.* This system of records is exempt from 5 U.S.C. 552a(c)(3) and (d)(1), (2), (3), and (4).

(ii)*Authority.* 5 U.S.C. 552a(k)(1) and (6).

(iii)*Exemption from the particular subsections.* Exemption from the particular subsections is justified for the following reasons:

(A)*Subsections (c)(3), (d)(1), and (d)(2)* —( *1* ) *Exemption (k)(1).* Training records in this system of records may contain information concerning DoD personnel or training materials that is properly classified pursuant to executive order. Application of exemption (k)(1) for such records may be necessary because access to and amendment of the records, or release of the accounting of disclosures for such records, could reveal classified information. Disclosure of classified records to an individual may cause damage to national security. ( *2* ) *Exemption (k)(6).* Training records in this system of records may contain information relating to testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service. Application of exemption (k)(6) for such records may be necessary when access to and amendment of the records, or release of the accounting of disclosure for such records, may compromise the objectivity and fairness of the testing or examination process. Amendment of such records could also impose a highly impracticable administrative burden by requiring testing and examinations to be continuously re-administered.

(B)*Subsections (d)(3) and (4).* These subsections are inapplicable to the extent an exemption is claimed from subsection (d)(2). Moreover, applying the amendment appeal procedures to training and examination materials could impose a highly impractical administrative burden by requiring testing and examinations to be continuously re-administered.

(iv)*Exempt records from other systems.* In the course of carrying out the overall purpose for this system, exempt records from other systems of records may in turn become part of the records maintained in this system. To the extent that copies of exempt records from those other systems of records are maintained in this system, the DoD claims the same exemptions for the records from those other systems that are entered into this system, as claimed for the prior system(s) of which they are a part, provided the reason for the exemption remains valid and necessary. Dated: September 14, 2021. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2021-20221 Filed 9-17-21; 8:45 am]

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