Unknown. Final rule; technical correction

2,815 words·~13 min read·/register/2021/11/16/2021-24878

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--- schema: federal-register doc_type: fedreg source_file: FR-2021-11-16.xml --- 86 218 Tuesday, November 16, 2021 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Meetings: Software Developers on the Common Formats for Patient Safety Data Collection, 63389-63390 2021-24888 Agency Toxic Agency for Toxic Substances and Disease Registry NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63390-63393 2021-24990 2021-24992 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Rural Utilities Service Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 63448-63451 2021-25090 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Agriculture Organisms and Vectors; Import and Transport Permits, 63329-63330 2021-24925 Architectural Architectural and Transportation Barriers Compliance Board NOTICES Privacy Act; Systems of Records, 63330-63332 2021-24907 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 63344-63345 2021-24953 2021-24974 Fiscal Bureau of the Fiscal Service NOTICES Fee Schedule for the Transfer of U.S. Treasury Book-Entry Securities Held on the Fedwire Securities Service, 63451-63452 2021-24936 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Spatial, Address, and Imagery Data Program, 63332-63333 2021-25010 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 63394-63399 2021-24989 2021-24991 2021-24993 2021-24994 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; Price Transparency of Hospital Standard Charges; Radiation Oncology Model, 63458-63998 2021-24011 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Head Start Family and Child Experiences Survey, 63400-63401 2021-24951 Intergovernmental Reference Guide, 63399-63400 2021-24919 Coast Guard Coast Guard NOTICES Recreational Boating Safety Projects, Programs, and Activities funded under provisions of the Fixing America's Surface Transportation Act: Fiscal Year 2021, 63407-63408 2021-24934 Commerce Commerce Department See Census Bureau See Economic Development Administration See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Office of the Under-Secretary for Economic Affairs NOTICES Order Denying Export Privileges:

Manuel Valencia-Hermosillo, 63333-63334 2021-24910 Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evidence Based Program Fidelity Surveys, 63401 2021-24923 Economic Development Economic Development Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Requirements for Approved Construction Investments, 63334-63335 2021-24935 Education Department Education Department NOTICES Applications for New Awards:

American Indian Vocational Rehabilitation Services, 63345-63350 2021-24887 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program: Energy Conservation Standards for Distribution Transformers, Webinar and Availability of the Preliminary Technical Support Document, 63318-63319 2021-24929 NOTICES Energy Conservation Program: GE Appliances, a Haier Company: Miscellaneous Refrigeration Products Test Procedure; Petition for Waiver, 63350-63356 2021-24902 Nortek Global HVAC, LLC:

Central Air Conditioners and Heat Pumps Test Procedure; Petition for Waiver; Denial of Interim Waiver, 63357-63370 2021-24903 Meetings: Basic Energy Sciences Advisory Committee, 63356-63357 2021-24930 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Idaho; West Silver Valley Redesignation to Attainment for the 2012 Annual Fine Particulate Matter Standard, 63315-63317 2021-24966 NOTICES Meetings:

National Drinking Water Advisory Council, 63375-63376 2021-24941 Science Advisory Board Radiation Advisory Committee Augmented for the Review of Revision 2 of the Multi-Agency Radiation Survey and Site Investigation Manual, 63376 2021-25003 Research, Development and Demonstration Permit Provisions for Municipal Solid Waste Landfills: Kansas, 63375 2021-24947 Export Import Export-Import Bank NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63377, 63380 2021-24960 2021-24968 2021-24979 Privacy Act;

Systems of Records, 63377-63380 2021-24924 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Diamond Aircraft Industries GmbH Airplanes, 63308-63310 2021-25011 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures: Miscellaneous Amendments, 63311-63314 2021-24850 2021-24851 PROPOSED RULES Airworthiness Directives: Rolls-Royce Deutschland Ltd and Co KG (Type Certificate previously held by Rolls-Royce plc) Turbofan Engines, 63319-63322 2021-24931 Sikorsky Aircraft Corporation Helicopters, 63322-63324 2021-24956 NOTICES Petition for Exemption;

Summary: Skyways Air Transportation, Inc., 63447-63448 2021-24996 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63380-63382 2021-24912 2021-24914 Meetings: Informal Working Group-1, Informal Working Group-2, Informal Working Group-3, and Informal Working Group-4 of the World Radiocommunication Conference Advisory Committee, 63382-63384 2021-24999 Federal Deposit Federal Deposit Insurance Corporation NOTICES Privacy Act;

Systems of Records, 63384-63386 2021-24894 Federal Emergency Federal Emergency Management Agency NOTICES Changes in Flood Hazard Determinations, 63408-63410 2021-24983 Proposed Flood Hazard Determinations, 63410-63412 2021-24982 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 63371-63374 2021-24986 2021-24987 Meetings: Technical Conference on Greenhouse Gas Mitigation: Natural Gas Act Sections 3 and 7 Authorizations, 63374 2021-24985 Meetings; Sunshine Act, 63370-63371 2021-25079 Records Governing Off-the-Record Communications, 63374 2021-24988 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 63386-63387 2021-24977 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 63387-63389 2021-25012 Fish Fish and Wildlife Service RULES Endangered and Threatened Species: Atlantic Pigtoe and Designation of Critical Habitat, 64000-64053 2021-24784 NOTICES Issuance of Permits: Marine Mammals; Issuance of Permits, 63416-63417 2021-24889 Food and Drug Food and Drug Administration NOTICES Determination of Regulatory Review Period for Purposes of Patent Extension: QINLOCK, 63402-63403 2021-24978 Grant of Special Termination:

Sanyasi Raju Kalidindi, 63401-63402 2021-24973 Government Ethics Government Ethics Office RULES Executive Branch Ethics Program; Technical Correction, 63307-63308 2021-24878 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Community Living Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health RULES Medicare Program:

Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; Price Transparency of Hospital Standard Charges; Radiation Oncology Model, 63458-63998 2021-24011 NOTICES Meetings: Advisory Committee on Blood and Tissue Safety and Availability, 63405 2021-24895 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Ryan White HIV/AIDS Program Client-Level Data Reporting System, 63404 2021-24922 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Family Reunification Task Force Travel Questionnaire and Website Application, 63412-63413 2021-24940 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Public Housing Agency Executive Compensation Information, 63416 2021-24933 Privacy Act; Systems of Records, 63413-63416 2021-24892 Interior Interior Department See Fish and Wildlife Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Narrow Woven Ribbons with Woven Selvedge from the People's Republic of China and Taiwan, 63335-63336 2021-24961 Meetings: United States Travel and Tourism Advisory Board, 63336 2021-24891 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 63417-63418 2021-25037 Management Management and Budget Office NOTICES Determination Regarding the Revised Safer Federal Workforce Task Force Guidance for Federal Contractors and the Revised Economy and Efficiency Analysis, 63418-63425 2021-24949 National Credit National Credit Union Administration NOTICES Meetings;

Sunshine Act, 63425 2021-25032 National Endowment for the Arts National Endowment for the Arts NOTICES Meetings: Arts Advisory Panel, 63425 2021-24928 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Institute National Institute of Standards and Technology NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Baldrige Executive Fellow Program, 63336-63337 2021-24955 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Extramural Grantee, 63405-63406 2021-24920 Meetings: Center for Scientific Review, 63406-63407 2021-24995 2021-24997 National Institute of Allergy and Infectious Diseases, 63406-63407 2021-24938 National Oceanic National Oceanic and Atmospheric Administration NOTICES Endangered and Threatened Species: Take of Anadromous Fish, 63343-63344 2021-24927 Meetings: Mid-Atlantic Fishery Management Council, 63337-63338 2021-24899 New England Fishery Management Council, 63338, 63340, 63342-63343 2021-24890 2021-24898 2021-24962 South Atlantic Fishery Management Council, 63338-63340 2021-24963 Western Pacific Fishery Management Council, 63340-63342 2021-24964 National Transportation National Transportation Safety Board PROPOSED RULES Commercial Space Investigations, 63324-63328 2021-24766 Nuclear Regulatory Nuclear Regulatory Commission NOTICES License Amendment Application:

New York State Energy Research and Development Authority, Irradiated Nuclear Fuel Processing Plant, Western New York Nuclear Service Center, 63425-63426 2021-24950 Economic Affairs Office of the Under-Secretary for Economic Affairs RULES Concrete Masonry Products Research, Education, and Promotion Order: Delayed Effective Date, 63315 2021-24954 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Privacy Act; Systems of Records, 63426-63428 2021-24905 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 63428-63429 2021-24932 Rural Utilities Rural Utilities Service RULES Streamlining Electric Program Procedures;

Correction, 63308 2021-24874 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 63431 2021-25030 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 63429-63431 2021-24896 New York Stock Exchange, LLC, 63431-63436 2021-24897 Small Business Small Business Administration NOTICES Delegations of Authority, 63437-63438 2021-24908 Termination of Nonmanufacturer Rule Class Waiver, 63436-63437 2021-24971 Trade Representative Trade Representative, Office of United States NOTICES Product Exclusion Extensions:

China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 63438-63447 2021-24918 Transportation Department Transportation Department See Federal Aviation Administration Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Bureau of the Fiscal Service Unified Unified Carrier Registration Plan NOTICES Meetings; Sunshine Act, 63452 2021-25057 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: COVID-19 Refund Modification, 63453 2021-25007 Reimbursement of Preparatory Course for Licensing or Certification Test, 63453-63454 2021-24939 Suicide Prevention 2.0 Program—Community Opinion Survey, 63455 2021-24970 Meetings: Advisory Committee on Minority Veterans, 63454 2021-24909 Advisory Committee on Women Veterans, 63454-63455 2021-24972 National Research Advisory Council, 63453 2021-24893 Veterans and Community Oversight and Engagement Board, 63452-63453 2021-24975 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 63458-63998 2021-24011 Health and Human Services Department, 63458-63998 2021-24011 Part III Interior Department, Fish and Wildlife Service, 64000-64053 2021-24784 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. 86 218 Tuesday, November 16, 2021 Rules and Regulations OFFICE OF GOVERNMENT ETHICS 5 CFR Part 2638 RIN 3209-AA63 Executive Branch Ethics Program; Technical Correction AGENCY: Office of Government Ethics. ACTION: Final rule; technical correction.

SUMMARY: The Office of Government Ethics

(OGE)is issuing a technical correction to the executive branch ethics program regulation that describes OGE's written guidance, following the inadvertent removal of certain paragraphs in the regulation that occurred when it was revised in August 2020. DATES: This final rule is effective November 16, 2021. FOR FURTHER INFORMATION CONTACT: Patrick J. Lightfoot, Associate Counsel, or Margaret Dylus-Yukins, Assistant Counsel; Telephone: 202-482-9300. SUPPLEMENTARY INFORMATION: I. Background On August 20, 2020, the U.S. Office of Government Ethics

(OGE)issued new regulations at 5 CFR part 2611, which set forth processes and procedures for OGE's issuance of guidance documents as required by Executive Order 13891, “Promoting the Rule of Law Through Improved Agency Guidance Documents” (October 9, 2019). 85 FR 51301 (August 20, 2020). In that same August 2020 rulemaking, OGE made a technical modification to 5 CFR 2638.208 “to replace the term `guidance documents' with the phrase `written guidance' in order to reduce any potential confusion” with the new 5 CFR part 2611 regulation in which “guidance document” had become a specific term of art. *Id.* The regulations at 5 CFR part 2611 were later removed pursuant to Executive Order 13992, “Revocation of Certain Executive Orders Concerning Federal Regulation” (January 20, 2021). *See* 86 FR 25801 (May 11, 2021). Although the intent of this technical change was to replace only that phrasing in 5 CFR 2638.208, OGE's instructions to the **Federal Register** were unclear, and resulted in the inadvertent deletion of paragraphs (a), (b), and

(c)in 5 CFR 2638.208. To correct this error, OGE is issuing this technical rulemaking to add paragraphs (a), (b), and

(c)back into 5 CFR 2638.208 as they existed before the August 20, 2020, amendments. OGE has made no substantive change to the text of these paragraphs, which will once again read as they did when 5 CFR part 2638 was updated in 2016. *See* 81 FR 76271 (November 2, 2016). II. Matters of Regulatory Procedure Administrative Procedure Act Pursuant to 5 U.S.C. 553(b)(3)(A), as Director of the Office of Government Ethics, the notice and comment procedures are being waived because these amendments concern matters of agency organization, procedure and practice. Regulatory Flexibility Act As the Director of the Office of Government Ethics, I certify under the Regulatory Flexibility Act (5 U.S.C. chapter 6) that this final rule would not have a significant economic impact on a substantial number of small entities because it primarily affects current Federal executive branch employees. Paperwork Reduction Act The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply because this regulation does not contain information collection requirements that require approval of the Office of Management and Budget. Unfunded Mandates Reform Act For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. chapter 5, subchapter II), this final rule would not significantly or uniquely affect small governments and will not result in increased expenditures by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (as adjusted for inflation) in any one year. Executive Order 13563 and Executive Order 12866 Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select the regulatory approaches that maximize net benefits (including economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. In promulgating this rulemaking, OGE has adhered to the regulatory philosophy and the applicable principles of regulation set forth in Executive Orders 12866 and 13563. The rule has not been reviewed by the Office of Management and Budget because it is not a significant regulatory action for the purposes of Executive Order 12866. Executive Order 12988 As Director of the Office of Government Ethics, I have reviewed this rule in light of section 3 of Executive Order 12988, Civil Justice Reform, and certify that it meets the applicable standards provided therein. Executive Order 13175 The Office of Government Ethics has evaluated this final rule under the criteria set forth in E.O. 13175 and determined that tribal consultation is not required as this final rule has no substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. List of Subjects in 5 CFR Part 2638 Administrative practice and procedure, Conflict of interests, Government employees, Reporting and recordkeeping requirements. Approved: November 9, 2021. Emory Rounds, Director, U.S. Office of Government Ethics. For the reasons stated in the preamble, the U.S. Office of Government Ethics amends 5 CFR part 2638 by making the following technical correction: PART 2638—EXECUTIVE BRANCH ETHICS PROGRAM 1. The authority citation for part 2638 continues to read as follows: Authority: 5 U.S.C. App. 101-505; E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306. 2. Revise § 2638.208 to read as follows: § 2638.208 Written guidance on the executive branch ethics program. This section describes several means by which the Office of Government Ethics provides agencies, employees, and the public with written guidance regarding its legal interpretations, program requirements, and educational offerings. Normally, written guidance is published on the official website of the Office of Government Ethics, *www.oge.gov.*

(a)*Legal advisories.* The Office of Government Ethics issues legal advisories, which are memoranda regarding the interpretation of government ethics laws and regulations. They are intended primarily to provide education and notice to executive branch ethics officials; prospective, current, and former executive branch employees; and individuals who interact with the executive branch.

(b)*Program advisories.* The Office of Government Ethics issues program advisories, which are memoranda regarding the requirements or procedures applicable to the executive branch ethics program and individual agency ethics programs. They are intended primarily to instruct agencies on uniform procedures for the executive branch ethics program.

(c)*Informal advisory opinions.* Upon request or upon its own initiative, the Office of Government Ethics issues informal advisory opinions. Informal advisory opinions address subjects that in the opinion of the Director do not meet the criteria for issuance of formal advisory opinions. They are intended primarily to provide guidance to individuals and illustrate the application of government ethics laws and regulations to specific circumstances. [FR Doc. 2021-24878 Filed 11-15-21; 8:45 am]

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