Unknown. Final rule

3,273 words·~15 min read·/register/2021/10/20/2021-22869

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--- schema: federal-register doc_type: fedreg source_file: FR-2021-10-20.xml --- 86 200 Wednesday, October 20, 2021 Contents Agriculture Agriculture Department See Food Safety and Inspection Service See Forest Service Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program: Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals, etc.; Corrections, 58019-58039 2021-22724 Civil Rights Civil Rights Commission NOTICES Meetings: Kentucky Advisory Committee, 58057 2021-22871 New Mexico Advisory Committee, 58057-58058 2021-22847 Texas Advisory Committee, 58056-58057 2021-22848 Coast Guard Coast Guard NOTICES Recertification of Cool Inlet Regional Citizens' Advisory Council, 58083 2021-22782 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Defense Department Defense Department NOTICES Administrative Suspension of Table Rock Lake Oversight Committee, 58062-58063 2021-22859 Charter Amendment:

Defense Business Board, 58063 2021-22856 Meetings: Wage Committee, 58063-58066 2021-22879 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Consolidated State Performance Report Renewal (Part 1 and Part 2), 58066 2021-22825 Income Based Repayment—Notifications, 58066-58067 2021-22850 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Savannah River Site, 58067-58068 2021-22832 Nuclear Science Advisory Committee, 58067 2021-22878 Environmental Protection Environmental Protection Agency NOTICES Draft Availability:

Integrated Risk Information System Toxicological Review of Perfluorobutanoic Acid and Related Compound Ammonium Perfluorobutanoic Acid, 58075-58076 2021-22784 Proposed Stipulated Partial Settlement Agreement, Endangered Species Act Claims, 58074-58075 2021-22860 Receipt of Safe Drinking Water Act Application Submissions for FY21, 58076-58079 2021-22830 Farm Credit Farm Credit Administration PROPOSED RULES Risk Weighting of High Volatility Commercial Real Estate Exposures, 58042 2021-22826 Federal Aviation Federal Aviation Administration NOTICES COVID-19 Related Relief Concerning Operations at Chicago O'Hare International Airport, John F.

Kennedy International Airport, Los Angeles International Airport, et al., for the Winter 2021/2022 Scheduling Season, 58134-58141 2021-22988 Federal Communications Federal Communications Commission RULES Call Authentication Trust Anchor, 58039-58040 2021-22545 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fire Management Assistance Grant Program, 58083-58084 2021-22851 Federal Energy Federal Energy Regulatory Commission NOTICES Application:

Public Service Co. of Colorado, 58072 2021-22845 Combined Filings, 58068-58070 2021-22835 2021-22838 2021-22839 Filing: Oncor Electric Delivery Co. LLC, 58071 2021-22841 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Route 66 Solar Energy Center, LLC, 58071-58072 2021-22842 Records Governing Off-the-Record Communications, 58070-58071 2021-22840 Request under Blanket Authorization: WBI Energy Transmission, Inc., 58073-58074 2021-22844 Federal Maritime Federal Maritime Commission NOTICES Agreement Filed, 58079 2021-22874 Federal Trade Federal Trade Commission RULES Energy Labeling Rule, 57985-57991 2021-22869 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Approval Procedures for Nontoxic Shot and Shot Coatings, 58091-58092 2021-22805 Permit Applications: Endangered Species, 58092-58093 2021-22812 Foreign Endangered Species, 58089-58091 2021-22818 Food and Drug Food and Drug Administration RULES New Animal Drugs: Approval of New Animal Drug Applications; Changes of Sponsorship, 57992-58016 2021-22604 PROPOSED RULES Medical Devices: Ear, Nose, and Throat Devices; Establishing Over-the-Counter Hearing Aids, 58150-58191 2021-22473 NOTICES Guidance:

Regulatory Requirements for Hearing Aid Devices and Personal Sound Amplification Products; Availability, 58192-58193 2021-22612 Food Safety Food Safety and Inspection Service NOTICES Meetings: National Advisory Committee on Microbiological Criteria for Foods, 58054-58055 2021-22829 Foreign Assets Foreign Assets Control Office RULES Publication of Venezuela Web General License 7 and Subsequent Iterations, 58016-58018 2021-22834 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activity:

LUC Urethanes, Inc., Foreign-Trade Zone 265, Conroe, TX, 58058 2021-22870 Forest Forest Service NOTICES Charter Reestablishment: Black Hills National Forest Advisory Board, 58055-58056 2021-22872 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health PROPOSED RULES Proposed Repeal of HHS Rules on Guidance, Enforcement, and Adjudication Procedures, 58042-58053 2021-22503 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: COVID-19 Provider Relief Fund Reporting Activities, 58079-58080 2021-22831 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection NOTICES Privacy Act; Systems of Records, 58084-58088 2021-22849 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Single Family Premium Collection Subsystem—Periodic, 58088-58089 2021-22852 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau Internal Revenue Internal Revenue Service NOTICES Meetings:

Taxpayer Advocacy Panel Taxpayer Assistance Center Improvements Project Committee, 58147 2021-22791 Taxpayer Advocacy Panel's Special Projects Committee, 58147 2021-22792 Taxpayer Advocacy Panel's Tax Forms and Publications Project Committee; Correction, 58146-58147 2021-22793 International Trade Adm International Trade Administration NOTICES Meetings: United States Travel and Tourism Advisory Board, 58058 2021-22648 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Certain Foodservice Equipment and Components Thereof; Termination, 58097-58098 2021-22813 Certain Laparoscopic Surgical Staplers, Reload Cartridges, and Components Thereof, 58100-58101 2021-22814 Certain Vaporizer Cartridges and Components Thereof, 58099-58100 2021-22815 Polyethylene Terephthalate Resin from Canada, China, India, and Oman, 58101-58102 2021-22802 Porcelain-on-Steel Cooking Ware from China, 58097 2021-22833 Utility Scale Wind Towers from India and Malaysia, 58098-58099 2021-22804 Justice Department Justice Department NOTICES Proposed Consent Decree:

Clean Water Act and Oil Pollution Act, 58103 2021-22822 Resource Conservation and Recovery Act and Other Statutes, 58102-58103 2021-22762 Labor Department Labor Department See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: United States-Mexico-Canada Agreement Web-based Hotline, 58103-58104 2021-22820 Land Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Surveys and Focus Groups To Support Outcomes-Focused Management (Recreation Survey and Focus Groups), 58094 2021-22816 Annual Statutorily Required Increase in Filing Fee: Processing Fiscal Year 2022; Applications for Permit to Drill, 58095-58096 2021-22777 Segregation of Public Land: Rough Hat Clark County Solar Project, Clark County, NV, 58096-58097 2021-22781 Rough Hat Nye County Solar Project, Nye County, NV, 58094-58095 2021-22786 Use of Truck-Mounted Coriolis Meters; Correction, 58093 2021-22779 National Archives National Archives and Records Administration NOTICES Records Schedules;

Availability, 58106-58107 2021-22573 Solicitation of Nominations: Freedom of Information Act Advisory Committee, 58105-58106 2021-22857 National Endowment for the Humanities National Endowment for the Humanities NOTICES Meetings: Humanities Panel, 58107-58108 2021-22758 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Humanities National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: State Data Transfer for Vehicle Crash Information, 58141-58145 2021-22824 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Collection of Customer Service, Demographic, and Smoking/Tobacco Use Information from the National Cancer Institute's Cancer Information Service, 58082-58083 2021-22875 Meetings: Center for Scientific Review, 58081-58082 2021-22827 National Heart, Lung, and Blood Institute, 58080-58081 2021-22828 National Labor National Labor Relations Board NOTICES Appointments of Individuals to Serve as Members of Performance Review Boards, 58108 2021-22823 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska:

Pollock in Statistical Area 610 in the Gulf of Alaska, 58040-58041 2021-22853 NOTICES Meetings: Caribbean Fishery Management Council, 58061 2021-22864 Fisheries of the Gulf of Mexico and South Atlantic; Southeast Data, Assessment, and Review, 58061-58062 2021-22868 Fisheries of the South Atlantic; South Atlantic Fishery Management Council, 58059 2021-22863 Fisheries of the South Atlantic; Southeast Data, Assessment, and Review, 58060-58061 2021-22862 North Pacific Fishery Management Council, 58058-58059 2021-22865 Pacific Fishery Management Council, 58059-58060, 58062 2021-22866 2021-22867 South Atlantic Fishery Management Council, 58060 2021-22861 National Science National Science Foundation NOTICES Antarctic Conservation Act Permits, 58109 2021-22854 2021-22855 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: On-Site Consultation Agreements, 58104-58105 2021-22819 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Character Counts Week (Proc. 10290), 58199-58200 2021-23051 National Forest Products Week (Proc. 10291), 58201-58202 2021-23052 National Peace Officers' Memorial Service (Proc. 10289), 58195-58197 2021-23049 Securities Securities and Exchange Commission NOTICES Filing and Order: Approving and Declaring Effective an Amended Plan for the Allocation of Regulatory Responsibilities Between the Financial Industry Regulatory Authority, Inc. and Investors' Exchange LLC, 58110-58116 2021-22810 Self-Regulatory Organizations;

Proposed Rule Changes: Cboe BZX Exchange, Inc., 58118 2021-22808 Cboe Exchange, Inc., 58118-58121 2021-22811 Investors Exchange, LLC, 58125-58127 2021-22809 Miami International Securities Exchange, LLC, MIAX Emerald, LLC, and MIAX PEARL, LLC, 58124-58125 2021-22796 MIAX PEARL, LLC, 58130-58133 2021-22806 Nasdaq BX, Inc., 58116-58118 2021-22795 Nasdaq ISE, LLC, 58121-58124 2021-22807 Nasdaq PHLX, LLC, 58128-58130 2021-22797 New York Stock Exchange, LLC, NYSE American, LLC, NYSE Arca, Inc., et al., 58130 2021-22798 New York Stock Exchange, LLC;

NYSE American, LLC; NYSE Arca, Inc.; et al., 58109-58110, 58116 2021-22799 2021-22800 Small Business Small Business Administration NOTICES Disaster Declaration: Georgia, 58133 2021-22788 Major Disaster Declaration: New Jersey, 58133 2021-22789 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Revealing Krishna: Journey to Cambodia's Sacred Mountain, 58133-58134 2021-22794 Designations as Foreign Terrorist Organizations: Liberation Tigers of Tamil Eelam;

Review, 58134 2021-22783 Determination under the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020, 58134 2021-22775 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration PROPOSED RULES Petition for Rulemaking: Airport Concession Disadvantaged Business Enterprise Program, 58053 2021-22626 NOTICES Senior Executive Service Performance Review Boards Membership, 58145-58146 2021-22821 Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service Customs U.S.

Customs and Border Protection RULES List of User Fee Airports: Removal of One Airport, 57991-57992 2021-22880 Separate Parts In This Issue Part II Health and Human Services Department, Food and Drug Administration, 58150-58193 2021-22473 2021-22612 Part III Presidential Documents, 58195-58197, 58199-58202 2021-23052 2021-23049 2021-23051 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. 86 200 Wednesday, October 20, 2021 Rules and Regulations FEDERAL TRADE COMMISSION 16 CFR Part 305 [3084-AB15] Energy Labeling Rule AGENCY: Federal Trade Commission. ACTION: Final rule. SUMMARY: The Federal Trade Commission (“FTC” or “Commission”) issues amendments to update the comparability ranges and sample labels for central air conditioners in the Energy Labeling Rule (“Rule”).

DATES: The amendments are effective on January 1, 2023. ADDRESSES: Copies of this document are available on the Commission's website, *www.ftc.gov* . FOR FURTHER INFORMATION CONTACT: Hampton Newsome (202-326-2889), Attorney, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, Room CC-9528, 600 Pennsylvania Avenue NW, Washington, DC 20580. SUPPLEMENTARY INFORMATION: I. Energy Labeling Rule The Commission issued the Energy Labeling Rule (“Rule”) in 1979, 1 pursuant to the Energy Policy and Conservation Act of 1975 (“EPCA”). 2 The Rule requires energy labeling for major home appliances and other consumer products to help consumers compare the energy usage and costs of competing models.

It also contains labeling requirements for refrigerators, refrigerator-freezers, freezers, dishwashers, water heaters, clothes washers, room and portable air conditioners, furnaces, central air conditioners, heat pumps, plumbing products, lighting products, ceiling fans, and televisions. 1 44 FR 66466 (Nov. 19, 1979). 2 42 U.S.C. 6294. EPCA also requires the Department of Energy (“DOE”) to develop test procedures that measure how much energy appliances use, and to determine the representative average cost a consumer pays for different types of energy.

The Rule requires manufacturers to attach yellow EnergyGuide labels to many of the covered products and prohibits retailers from removing these labels or rendering them illegible. In addition, it directs sellers, including retailers, to post label information on websites and in paper catalogs from which consumers can order products. EnergyGuide labels for most covered products contain three main disclosures: Estimated annual energy cost, a product's energy consumption or energy efficiency rating as determined by Department of Energy (“DOE”) test procedures, and a comparability range displaying the highest and lowest energy costs or efficiency ratings for all similar models.

Under the Rule, the Commission periodically updates comparability range and annual energy cost information based on manufacturer data submitted pursuant to the Rule's reporting requirements. 3 3 16 CFR 305.10. II. Updated Ranges for Central Air Conditioners On February 12, 2021 (86 FR 9273), the Commission published conforming rule amendments reflecting new DOE efficiency descriptors on central air conditioner labels to ensure the Rule's consistency with DOE requirements, which become effective on January 1, 2023. 4 In the February document, the Commission stated it would update ranges in appendices H and I, and the sample labels in appendix L, once new efficiency numbers became available. 4 In 2017, DOE announced changes to the rating methods and associated efficiency descriptors for central air conditioners ( *e.g.,* from “Seasonal Energy Efficiency Ratio (SEER)” to “Seasonal Energy Efficiency Ratio 2 (SEER2)”). 82 FR 1786 (Jan. 6, 2017); and 82 FR 24211 (May 26, 2017).

On June 2, 2021 (86 FR 29533), the Commission proposed to update the comparability ranges for central air conditioners to ensure manufacturers have information available for the upcoming transition to new efficiency descriptors required by DOE. 5 In the June 2021 document, the Commission proposed to update the range table data (appendices H and I) and sample labels in the Rule (appendix L) using new information from the Air-Conditioning, Heating, & Refrigeration Institute (“AHRI”) and DOE staff input. 6 In response to the June document, the Commission received 31 comments.

Commenters were generally supportive of the proposed updates, and none opposed the proposed ranges. 7 Commenters also made various suggestions for EnergyGuide labeling improvements and Rule changes ( *e.g.,* the use of QR codes) not directly relevant to the range updates set out in the June document. 8 The Commission may consider these suggestions, which would require further consideration and additional public comment, in connection with future regulatory reviews. 5 Commissioner Christine S.

Wilson issued a dissent stating that the Commission should also seek further comment on broader issues including the “more prescriptive aspects of this Rule” and other changes to “maximize the positive impact of this Rule for consumers.” 6 AHRI is a trade association representing central air conditioner manufacturers. 7 The comments are posted at *regulations.gov* . 8 Two industry commenters (AHRI (#0030-0031) and Goodman (#0030-0032)) urged the Commission to issue the range updates “expeditiously” so that manufacturers “have certainty on the revised EnergyGuide labels and adequate time to implement the labels.

” These two commenters also urged the Commission to postpone considering other potential Rule changes discussed in Commissioner Wilson's dissenting statement. Based on this record, the Commission is finalizing the range amendments in this document. 9 Consistent with the February 2021 amendments to the new energy descriptors, the effective date for these ranges is January 1, 2023. As the Commission stated in the February 2021 document, manufacturers may begin using the new range information prior to that date, in a manner consistent with DOE guidance now that the FTC has issued the final updates to appendices H and I once the FTC issues the final updates to appendices H and I. 9 The final amendments contain a few minor corrections to the sample labels in the June document (the top range number on Prototype Label 3; inclusion of asterisks and updated geographic information on Sample Label 3, and the removal of optional capacity numbers on labels).

III. Paperwork Reduction Act The current Rule contains recordkeeping, disclosure, testing, and reporting requirements that constitute information collection requirements as defined by 5 CFR 1320.3(c), the definitional provision within the Office of Management and Budget (“OMB”) regulations that implement the Paperwork Reduction Act (“PRA”). OMB has approved the Rule's existing information collection requirements through December 31, 2022 (OMB Control No. 3084-0069). The amendments do not change the substance or frequency of the Rule's recordkeeping, disclosure, or reporting requirements and, therefore, do not require further OMB clearance.

IV. Regulatory Flexibility Act The Regulatory Flexibility Act (“RFA”), 5 U.S.C. 601-612, requires that the Commission conduct an analysis of the anticipated economic impact of the proposed amendment on small entities. The RFA requires that the Commission provide an Initial Regulatory Flexibility Analysis (“IRFA”) with a rule unless the Commission certifies that the rule will not have a significant economic impact on a substantial number of small entities. 5 U.S.C. 605. The amendments merely update the Rule's appendices to include revised comparability ranges and sample labels for central air conditioners based on more recent data.

The proposed amendments do not significantly change the substance or frequency of the recordkeeping, disclosure, or reporting requirements. Thus, the amendments will not have a “significant economic impact on a substantial number of small entities.” 5 U.S.C. 605. The Commission has concluded, therefore, that a regulatory flexibility analysis is not necessary, and certifies, under Section 605 of the RFA (5 U.S.C. 605(b)), that the amendments will not have a significant economic impact on a substantial number of small entities.

V. Other Matters Pursuant to the Congressional Review Act (5 U.S.C. 801 *et seq.* ), the Office of Information and Regulatory Affairs designated this rule as not a “major rule,” as defined by 5 U.S.C. 804(2). List of Subjects in 16 CFR Part 305 Advertising, Consumer protection, Energy conservation, Household appliances, Incorporation by reference, Labeling, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, the Commission amends part 305 of title 16 of the Code of Federal Regulations as follows:

PART 305—ENERGY AND WATER USE LABELING FOR CONSUMER PRODUCTS UNDER THE ENERGY POLICY AND CONSERVATION ACT (“ENERGY LABELING RULE”) 1. The authority citation for part 305 continues to read as follows: Authority: 42 U.S.C. 6294. 2. Revise appendix H to part 305 to read as follows: Appendix H to Part 305—Cooling Performance for Central Air Conditioners Manufacturer's rated cooling capacity (btu's/hr) Range of SEER2's Low High Single Package Units Central Air Conditioners (Cooling Only):

All capacities 13.4 19 Heat Pumps (Cooling Function): All capacities 13.4 19 Split System Units Central Air Conditioner models allowed only in northern states (listed in § 305.20(g)(13)) (Cooling Only): All capacities 13.4 27 Central Air Conditioner models allowed in all states (Cooling Only): All capacities 13.8 27 Heat Pumps (Cooling Function): All capacities 14.3 42 Small-duct, high-velocity Systems 12 15 Space-Constrained Products Central Air Conditioners (Cooling Only): All capacities 11.7 13.7 Heat Pumps (Cooling Function):

All capacities 11.9 13.8 3. Revise appendix I to part 305 to read as follows: Appendix I to Part 305—Heating Performance and Cost for Central Air Conditioners Manufacturer's rated heating capacity (btu's/hr) Range of HSPF2's Low High Single Package Units Heat Pumps (Heating Function): All capacities 6.7 8.4 Split System Units Heat Pumps (Heating Function): All capacities 7.5 14.6 Small-duct, high-velocity Systems 6.1 7.5 Space-Constrained Products Heat Pumps (Heating Function):

All capacities 6.3 6.5 4. Amend appendix L to part 305 by revising Prototype Label 3, Prototype Label 4, Sample Label 7, and Sample Label 8 to read as follows: Appendix L to Part 305—Sample Labels BILLING CODE 6750-01-P ER20OC21.017 ER20OC21.018 ER20OC21.019 ER20OC21.020 By direction of the Commission, Commissioner Wilson dissenting. April J. Tabor, Secretary. Note: The following will not appear in the Code of Federal Regulations. Dissenting Statement of Commissioner Christine S.

Wilson Today the Commission announces required changes to the Energy Labeling Rule but makes no other changes to the Rule. Since 2015, the Commission has sought comment on provisions of this Rule multiple times and has made numerous amendments clarifying the Rule's requirements and making necessary changes. I have repeatedly urged the Commission to seek comment on the more prescriptive aspects of this Rule. I have explained my concerns about the highly prescriptive nature of this Rule in detail in my prior dissents.

Regrettably, again today, the Commission chooses to make minor changes to the Rule necessary for conformity but fails to conduct a full review of the Rule to consider removing all dated and prescriptive provisions. For these reasons, I dissent. [FR Doc. 2021-22869 Filed 10-19-21; 8:45 am]

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