Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2021-10-01.xml --- 86 188 Friday, October 1, 2021 Contents Agricultural Marketing Agricultural Marketing Service RULES Reorganization and Transfer of Regulations, 54339-54340 2021-20380 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Seafood Processors Pandemic Response and Safety Block Grant Program, 54419-54420 2021-21347 Local Food Purchase Assistance Cooperative Agreement Program, 54420 2021-21356 Agriculture Agriculture Department See Agricultural Marketing Service See Commodity Credit Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 54420-54421 2021-21440 Children Children and Families Administration NOTICES Announcement of Intent to Award Supplement to El Pajaro Community Development Corporation, in Watsonville, CA, 54449 2021-21420 Announcement of the Intent to Award Four Single-Source Grants, 54449-54450 2021-21418 Civil Rights Civil Rights Commission NOTICES Meetings: Connecticut Advisory Committee, 54421 2021-21360 Coast Guard Coast Guard RULES Safety Zone: Columbia River Outfall Project, Columbia River, Vancouver, WA, 54371-54373 2021-21458 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 54438 2021-21407 Commodity Credit Commodity Credit Corporation RULES Reorganization and Transfer of Regulations, 54339-54340 2021-20380 Council Inspectors Council of the Inspectors General on Integrity and Efficiency NOTICES Senior Executive Service Performance Review Board Membership, 54438-54442 2021-21383 Defense Department Defense Department See Navy Department RULES Defense Logistics Agency Privacy Program, 54371 2021-21344 Drug Drug Enforcement Administration NOTICES Decision and Order:

Darryl L. Henry, M.D., 54479-54480 2021-21425 Pharmacy 4 Less, 54550-54585 2021-21429 William C. Gardner, DDS, 54476-54479 2021-21424 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Family Educational Loan Program—Servicemembers Civil Relief Act, 54442-54443 2021-21442 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program:

Test Procedures for Fans and Blowers, 54412-54416 2021-21387 NOTICES Charter Renewal: National Science Foundation Nuclear Science Advisory Committee, 54443-54444 2021-21376 Meetings: Electricity Advisory Committee, 54443 2021-21415 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Alabama; Nitrogen Oxide State Implementation Plan Call and Removal of Clean Air Interstate Rule; Correction, 54373-54375 2021-20072 Kentucky;

Public, Affected State, and Environmental Protection Agency Review; Operating Permit Program, 54379-54381 2021-21048 New York; 2011 Periodic Emission Inventory SIP for the Ozone Nonattainment Areas, 54377-54379 2021-21346 New York; Part 212, Process Operations, 54375-54377 2021-21370 Conforming Changes to Canada-Specific Hazardous Waste Import-Export Recovery and Disposal Operation Codes, 54381-54386 2021-21417 Health and Safety Data Reporting: Addition of 20 High-Priority Substances and 30 Organohalogen Flame Retardants;

Extension of Submission Deadline, 54386-54390 2021-21164 NOTICES Draft Fiscal Year 2022-2026 Strategic Plan, 54448-54449 2021-21349 Environmental Impact Statements; Availability, etc., 54448 2021-21366 Meetings: Board of Scientific Counselors Chemical Safety for Sustainability and Health and Environmental Risk Assessment Subcommittee, 54446-54447 2021-21393 Mobile Sources Technical Review Subcommittee, 54447-54448 2021-21395 Farm Credit Farm Credit Administration RULES Regulatory Capital Rule:

Tier 1/Tier 2 Framework, 54347-54361 2021-20433 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Bangor, ME, 54362-54363 2021-21348 Pocahontas, IA; Withdrawal, 54362 2021-21226 Port Huron, MI; Withdrawal, 54361 2021-21227 Scott City, KS; Withdrawal, 54361 2021-21225 Standish, MI; Withdrawal, 54361-54362 2021-21232 Update to Investigative and Enforcement Procedures, 54514-54548 2021-19948 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Commercial Space Transportation Licensing Regulations, 54502-54503 2021-21394 Federal Communications Federal Communications Commission RULES Mandatory Electronic Filing of Applications and Reports Administered by the International Bureau, 54396-54402 2021-17394 PROPOSED RULES Television Broadcasting Services Hazard: Kentucky, 54416-54417 2021-21336 Television Broadcasting Services Monroe: Louisiana, 54417-54418 2021-21339 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 54449 2021-21502 2021-21568 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Igiugig Village Council, 54444-54445 2021-21422 Combined Filings, 54445-54446 2021-21408 2021-21409 Waiver Period for Water Quality Certification Application: Idaho Irrigation District; New Sweden Irrigation District, 54446 2021-21423 Federal Motor Federal Motor Carrier Safety Administration NOTICES Charter Renewal: Motor Carrier Safety Advisory Committee, 54505 2021-21448 Qualification of Drivers;

Exemption Applications: Epilepsy and Seizure Disorders, 54505-54507 2021-21446 Hearing, 54503-54505 2021-21445 Federal Railroad Federal Railroad Administration NOTICES Petition for Extension of Waiver of Compliance, 54507 2021-21451 Railroads Requests to Amend Their Positive Train Control Safety Plans and Positive Train Control Systems, 54507-54508 2021-21337 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Announcement of Office of Management and Budget Approvals, 54457-54458 2021-21386 Electronic User Fee Payment Request Forms, 54453-54454 2021-21421 Food Safety; Federal-State Food Regulatory Program Standards, 54454-54455 2021-21367 Obtaining Information to Understand Challenges and Opportunities Encountered by Compounding Outsourcing Facilities, 54450-54453 2021-21382 Debarment Order: Sitesh Bansi Patel, 54456-54457 2021-21375 New Drug Applications: Watson Laboratories, Inc., et al.;

Withdrawal of Approval; Correction, 54450 2021-21371 Request for Information: Genus Medical Technologies, LLC Versus Food and Drug Administration; Extension of Comment Period, 54455-54456 2021-21403 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Surveys and Interviews to Evaluate and Improve the Cooperative Research Units Program Mission, Functions, and Goals, 54468-54469 2021-21358 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service See National Institutes of Health See Refugee Resettlement Office See Substance Abuse and Mental Health Services Administration RULES Implementation of Executive Order on Access to Affordable Life-Saving Medications;

Rescission of Regulation, 54390-54396 2021-21457 NOTICES Requests for Nominations: Center for Indigenous Innovation and Health Equity Tribal Advisory Committee, 54462 2021-21253 Health Resources Health Resources and Services Administration NOTICES Final Policy: Updates to Uniform Standard for Waiver of the Ryan White HIV/AIDS Program Core Medical Services Expenditure Requirement, 54458-54462 2021-21241 Homeland Homeland Security Department See Coast Guard Indian Affairs Indian Affairs Bureau RULES Election of Officers of the Osage Minerals Council, 54364-54367 2021-21385 NOTICES Indian Gaming:

Approval of Tribal-State Class III Gaming Compact in the State of Minnesota, 54469 2021-21384 Indian Health Indian Health Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Customer Service Satisfaction and Similar Surveys, 54462-54464 2021-21350 Interior Interior Department See Geological Survey See Indian Affairs Bureau See Land Management Bureau Internal Revenue Internal Revenue Service RULES Guidance: Allocation and Apportionment of Deductions and Foreign Taxes, Foreign Tax Redeterminations, Foreign Tax Credit Disallowance Under Section 965(g), Consolidated Groups, Hybrid Arrangements and Certain Payments Under Section 951A;

Correction, 54367-54368 2021-21175 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Tax-Exempt Organization Forms, 54508-54511 2021-21379 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Agreement Suspending the Antidumping Duty Investigation on Fresh Tomatoes from Mexico, 54424-54425 2021-21338 Certain Corrosion-Resistant Steel Products from the Republic of Korea, 54425-54426 2021-21444 Certain Frozen Fish Fillets from the Socialist Republic of Vietnam, 54432-54433 2021-21405 Certain Lined Paper Products from India, 54426-54429 2021-21404 Cold-Rolled Steel Flat Products from India, 54421-54423 2021-21443 Opportunity to Request Administrative Review, 54429-54431 2021-21406 Change in Deadline for Public Comments on United States Clean Technologies Export Competitiveness Strategy, 54431-54432 2021-21447 Initiation of Five-Year (Sunset) Reviews, 54423-54424 2021-21539 International Trade Com International Trade Commission NOTICES Complaint:

Certain Electronic Devices Having Wireless Communication Capabilities and Components Thereof, 54472-54473 2021-21345 Investigations; Determinations, Modifications, and Rulings, etc.: Chlorinated Isocyanurates from China and Spain, 54473-54476 2021-21223 Welded Stainless Steel Pressure Pipe from India, 54470-54472 2021-21221 Justice Department Justice Department See Drug Enforcement Administration RULES Privacy Act; Implementation, 54368-54371 2021-21340 NOTICES Proposed Consent Judgment:

Clean Air Act, 54483-54484 2021-21364 Senior Executive Service; Senior Level Performance Review Board, 54480-54483 2021-21341 Land Land Management Bureau NOTICES Plats of Survey: Nebraska and Wyoming, 54469 2021-21401 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 54464-54465 2021-21381 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 54465-54466 2021-21396 2021-21397 National Institute of Dental and Craniofacial Research, 54464 2021-21380 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries off West Coast States:

Modification of the West Coast Salmon Fisheries; Inseason Action Nos. 26-30, 54407-54409 2021-21390 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Report of Whaling Operations, 54434 2021-21392 Reporting of Sea Turtle Incidental Take in Virginia Chesapeake Bay Pound Net Operations, 54437 2021-21410 Meetings: Council Coordination Committee, 54436 2021-21413 North Pacific Fishery Management Council, 54437-54438 2021-21411 Sanctuary System Business Advisory Council, 54433-54434 2021-21389 South Atlantic Fishery Management Council, 54434-54435 2021-21412 Western Pacific Fishery Management Council, 54435-54436 2021-21414 National Science National Science Foundation RULES Conservation of Antarctic Animals and Plants;

Correction, 54396 2021-21365 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: I-Corps Teams Executive Summary Form, 54484 2021-21439 Small Business Innovation Research Program Phase I and Small Business Technology Transfer Program Phase I Presubmission Project Pitch Form, 54484-54485 2021-21438 Meetings: Advisory Committee for Biological Sciences, 54485 2021-21357 Navy Navy Department NOTICES Record of Decision: Northwest Training and Testing Supplemental Environmental Impact Statement/Overseas Environmental Impact Statement, 54442 2021-21181 Nuclear Regulatory Nuclear Regulatory Commission RULES List of Approved Spent Fuel Storage Casks:

Holtec International HI-STAR 100 Cask System, Certificate of Compliance No. 1008, Renewal of Initial Certificate and Amendment Nos. 1, 2, and 3, 54341-54347 2021-21427 PROPOSED RULES List of Approved Spent Fuel Storage Casks: Holtec International HI-STAR 100 Cask System, Certificate of Compliance No. 1008, Renewal of Initial Certificate and Amendment Nos. 1, 2, and 3, 54410-54412 2021-21428 NOTICES License Amendment Application: Exelon Generation Co., LLC; Byron Station, Unit Nos. 1 and 2, 54487-54489 2021-21436 2021-21437 Exelon Generation Co., LLC;

Byron Station, Unit Nos. 1 and 2 and Independent Spent Fuel Storage Installation, 54490-54491 2021-21435 Exelon Generation Co., LLC; Dresden Nuclear Power Station, Units 1, 2, and 3, 54489-54490 2021-21399 Exelon Generation Co., LLC; Dresden Nuclear Power Station, Units 1, 2, and 3 and Independent Spent Fuel Storage Installation, 54488 2021-21398 Exelon Generation Co., LLC; Dresden Nuclear Power Station, Units 2 and 3, 54490 2021-21400 Oregon State University, 54485-54487 2021-21359 Order;

Issuance: Order Suspending General License Authority to Export Radioactive Material and Deuterium to China General Nuclear (CGN), CGN Subsidiaries, or Related Entities, 54487 2021-21342 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 54491-54492 2021-21430 Refugee Refugee Resettlement Office NOTICES Public/Private Refugee Cash Assistance Inflationary Increase, 54466 2021-21369 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 54499 2021-21516 Self-Regulatory Organizations;

Proposed Rule Changes: Cboe EDGA Exchange, Inc., 54494-54497 2021-21353 Cboe EDGX Exchange, Inc., 54497-54499 2021-21352 Cboe Exchange, Inc., 54492-54494 2021-21355 NYSE Arca, Inc., 54499-54502 2021-21354 State Department State Department NOTICES Bureau of Political-Military Affairs: Rescission of Statutory Debarment of Dennis Haag Under the International Traffic in Arms Regulations, 54502 2021-21372 Substance Substance Abuse and Mental Health Services Administration NOTICES Certified Laboratories and Instrumented Initial Testing Facilities:

List of Facilities which Meet Minimum Standards to Engage in Urine and Oral Fluid Drug Testing for Federal Agencies, 54466-54468 2021-21402 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration Treasury Treasury Department See Internal Revenue Service Veteran Affairs Veterans Affairs Department RULES Acquisition Regulation: Definitions, Solicitation Provisions and Contract Clauses, and Forms, 54402-54405 2021-20921 Loan Guaranty and Vocational Rehabilitation and Employment Programs, 54405-54407 2021-20891 NOTICES Meetings:

Prosthetics and Special-Disabilities Programs, 54511-54512 2021-21431 Separate Parts In This Issue Part II Transportation Department, Federal Aviation Administration, 54514-54548 2021-19948 Part III Justice Department, Drug Enforcement Administration, 54550-54585 2021-21429 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. 86 188 Friday, October 1, 2021 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 870 Commodity Credit Corporation 7 CFR Part 1427 [Doc.

No. AMS-LRRS-21-0047] Reorganization and Transfer of Regulations AGENCY: Agricultural Marketing Service; Commodity Credit Corporation, USDA. ACTION: Final rule. SUMMARY: This rule transfers regulations pertaining to the Economic Adjustment Assistance for Textile Manufacturers program from the Commodity Credit Corporation

(CCC)to the Agricultural Marketing Service

(AMS)to reflect changes in the organizational structure and delegated authorities within the United States Department of Agriculture (USDA). This action is necessary to enable the AMS Administrator to issue, maintain, and revise as necessary regulations related to programs under the AMS Administrator's delegated authority. DATES: Effective October 1, 2021. FOR FURTHER INFORMATION CONTACT: Laurel May, Regulatory Analyst, Legislative and Regulatory Review Staff, Office of the Administrator, AMS, USDA; Telephone:

(202)384-2975, or Email: *Laurel.May@usda.gov.* SUPPLEMENTARY INFORMATION: Congress directed the Secretary of Agriculture (Secretary) to provide economic adjustment assistance to domestic users of upland cotton under the Economic Adjustment Assistance to Users of Upland Cotton program in section 1207(c) of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-234; May 22, 2008). Under the program domestic users of upland cotton may qualify for financial assistance that can be used to acquire, construct, install, modernize, develop, convert, or expand land, plant, buildings, equipment, facilities, or machinery. Payments for such assistance are issued by CCC. Section 1203(b) of the Agriculture Improvement Act of 2018 (Pub. L. 115-334; December 20, 2018) renamed the program “Economic Assistance Adjustment to Textile Mills” (EAATM). Regulations implementing the EAATM are found at 7 CFR part 1427, in subpart C, in §§ 1427.100 to 1427.105. In a memorandum dated July 1, 2019, 1 the Secretary redelegated authority to administer EAATM from the Farm Service Agency to the Agricultural Marketing Service (AMS). A final rule published October 15, 2020 (85 FR 65500), amended 7 CFR part 2 to reflect the redelegation. Amended § 2.79(a)(23) authorizes the AMS Administrator to administer the EAATM program (7 U.S.C. 9037(c)). The redelegation of authority necessitates the transfer of corresponding regulations to AMS, giving the AMS Administrator authority to issue, maintain, and revise the regulations pertaining to EAATM. This final rule completes the necessary transfer. 1 Secretary's Memorandum 1076-030 (July 1, 2019), available at *https://www.ocio.usda.gov/document/secretarys-memorandum-1076-030.* Overview of Changes Currently, Title 7, Chapter XIV, part 1427 of the Code of Federal Regulations

(CFR)contains the EAATM regulations (in §§ 1427.100 to 1427.105), under CCC administration. This final rule removes the EAATM regulations from 7 CFR part 1427 and adds them in a new part 870—Economic Adjustment Assistance to Textile Mills—to 7 CFR chapter VIII, Subchapter B. Currently Subchapter B is titled “Regulations for Warehouses” and contains part 869—Regulations for the United States Warehouse Act (USWA). This final rule revises the title for Subchapter B to read “Fair Trade Practices” to reflect the delegation of administrative authority for both USWA and EAATM activities to the AMS Administrator. The Deputy Administrator of AMS's Fair Trade Practices Program

(FTPP)oversees USWA and EAATM activities for the Administrator. Finally, this rule makes a conforming change to the text of the EAATM regulations to reflect the program's revised name. Classification This final rule is administrative in nature and reflects changes in USDA's organization. Accordingly, pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity for comment are not required, and this rule may be made effective in fewer than 30 days after publication in the **Federal Register** . Therefore, this final rule is effective upon publication. Additionally, this rule is exempt from the provisions of Executive Order 12866, as it is limited to agency management. This action is not a rule as defined by the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801 *et seq.,* and thus is exempt from the provisions of those Acts. This rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). The Congressional Review Act (5 U.S.C. 801 *et seq.* ) provides exemptions for rules “of particular applicability;” “relating to agency management or personnel;” or “of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties.” This action qualifies for this exemption. AMS is committed to complying with the E-Government Act to promote the use of the internet and other information technologies, to provide increased opportunities for citizen access to Government information and services, and for other purposes. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this final rule. List of Subjects 7 CFR Part 870 Cotton, Payments, Reporting and recordkeeping, Textile mills. 7 CFR Part 1427 Cotton, Cottonseeds, Loan programs-agriculture, Packaging and containers, Price support programs, Reporting and recordkeeping requirements, Surety bonds, Warehouses. For the reasons stated in the preamble, as authorized by the Secretary's Memorandum implementing the Agriculture Improvement Act of 2018, dated July 1, 2019, the Department of Agriculture amends 7 CFR chapters VIII and XIV as follows: TITLE 7—AGRICULTURE CHAPTER VIII—AGRICULTURAL MARKETING SERVICE (FEDERAL GRAIN INSPECTION SERVICE, FAIR TRADE PRACTICES PROGRAM), DEPARTMENT OF AGRICULTURE Subchapter B—Fair Trade Practices 1. Under the authority of 7 CFR 2.22(a)(1), revise the heading of subchapter B to read as set forth above. 2. Add part 870 to read as follows: PART 870—ECONOMIC ASSISTANCE ADJUSTMENT FOR TEXTILE MILLS Sec. 870.1 Applicability. 870.3 Eligible upland cotton. 870.5 Eligible domestic users. 870.7 Upland cotton Domestic User Agreement. 870.9 Payment. Authority: 7 U.S.C. 9037(c). § 870.1 Applicability.

(a)These regulations specify the terms and conditions under which the Commodity Credit Corporation

(CCC)will make payments to eligible domestic users who have entered into an Upland Cotton Domestic User Agreement with CCC to participate in the upland cotton domestic user program.

(b)CCC will specify the forms to be used in administering the Economic Adjustment Assistance for Textile Mills program. § 870.3 Eligible upland cotton.

(a)For purposes of this subpart, eligible upland cotton is baled upland cotton, regardless of origin, that is opened by an eligible domestic user, and is either:

(1)Baled lint, including baled lint classified by USDA's Agricultural Marketing Service as Below Grade;

(2)Loose samples removed from upland cotton bales for classification purposes that have been rebaled;

(3)Semi-processed motes that are of a quality suitable, without further processing, for spinning, papermaking, or production of non-woven fabric; or

(4)Re-ginned (processed) motes.

(b)Eligible upland cotton must not be:

(1)Cotton for which a payment, under the provisions of this subpart, has been made available;

(2)Raw (unprocessed) motes, pills, linters, or other derivatives of the lint cleaning process; or

(3)Textile mill wastes. § 870.5 Eligible domestic users.

(a)For purposes of this subpart, a person regularly engaged in the business of opening bales of eligible upland cotton for the purpose of spinning, papermaking, or processing of non-woven cotton fabric in the United States, who has entered into an agreement with CCC to participate in the upland cotton user program, will be considered an eligible domestic user.

(b)Applications for payment under this subpart must contain documentation required by the provisions of the Upland Cotton Domestic User Agreement and other instructions that CCC issues. § 870.7 Upland cotton Domestic User Agreement.

(a)Payments specified in this subpart will be made available to eligible domestic users who have entered into an Upland Cotton Domestic User Agreement with CCC and who have complied with the terms and conditions in this subpart, the Upland Cotton Domestic User Agreement, and instructions issued by CCC.

(b)Upland Cotton Domestic User Agreements may be obtained from the Warehouse and Commodity Management Division, P.O. Box 419205, Stop 9148, Kansas City, MO 64141-6205. In order to participate in the program authorized by this subpart, domestic users must execute the Upland Cotton Domestic User Agreement and forward the original and one copy to KCCO. § 870.9 Payment.

(a)The payment rate for purposes of calculating payments as specified in this subpart is 3 cents per pound.

(b)Payments specified in this subpart will be determined by multiplying the payment rate, of 3 cents per pound, by

(1)In the case of baled upland cotton, whether lint, loose samples or reginned motes, but not semi-processed motes, the net weight of the cotton used (gross weight minus the weight of bagging and ties);

(2)In the case of unbaled reginned motes consumed, without rebaling, for an end use in a continuous manufacturing process, the weight of the reginned motes after final cleaning; and

(3)In the case of semi-processed motes which are of a quality suitable, without further processing, for spinning, papermaking, or manufacture of non-woven cotton fabric, 25 percent of the weight (gross weight minus the weight of bagging and ties, if baled) of the semi-processed motes; provided further, that with respect to semi-processed motes that are used prior to August 18, 2010, payment may be allowed by CCC in its sole discretion at 100 percent of the weight as determined appropriate for a transition of the program to the 25 percent factor.

(c)In all cases, the payment will be determined based on the amount of eligible upland cotton that an eligible domestic user consumed during the immediately preceding calendar month. For the purposes of this subpart, eligible upland cotton will be considered consumed by the domestic user on the date the bale is opened for consumption, or if not baled, the date consumed, without further processing, in a continuous manufacturing process.

(d)Payments specified in this subpart will be made available upon application for payment and submission of supporting documentation, as required by the CCC-issued provisions of the Upland Cotton Domestic User Agreement.

(e)All payments received by the eligible domestic user of upland cotton must be used for purposes specified in 7 U.S.C. 9037(c)(3), which include but are not limited to, acquisition, construction, installation, modernization, development, conversion, or expansion of land, plant, buildings, equipment, facilities, or machinery. Such capital expenditures must be directly attributable and certified as such by the user for the purpose of manufacturing upland cotton into eligible cotton products in the United States. CHAPTER XIV—COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE PART 1427—COTTON 3. The authority citation for part 1427 continues to read as follows: Authority: 7 U.S.C. 7231-7237, 7931-7936, 9011, and 9031-40, 15 U.S.C. 714b and c. Subpart C—[Removed and Reserved] 4. Remove and reserve subpart C, consisting of §§ 1427.100 through 1427.105. Mae Wu, Deputy Under Secretary, Marketing and Regulatory Programs. [FR Doc. 2021-20380 Filed 9-30-21; 8:45 am]

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