Unknown. Final rule

3,341 words·~15 min read·/register/2021/12/27/2021-27868

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--- schema: federal-register doc_type: fedreg source_file: FR-2021-12-27.xml --- 86 245 Monday, December 27, 2021 Contents Agricultural Marketing Agricultural Marketing Service NOTICES Meetings: Fruit and Vegetable Industry Advisory Committee, 73237 2021-28008 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Cooperative State-Federal Brucellosis Eradication Program, 73239-73241 2021-28018 Classify Canada as Level I for Bovine Tuberculosis and Brucellosis, 73238-73239 2021-28057 Pest Risk Analysis: Importation of Pummelo from Vietnam Into the United States, 73237-73238 2021-27928 Antitrust Division Antitrust Division NOTICES Complaint: United States v. B.S.A. S.A., LAG Holding, Inc., and The Kraft Heinz Co., 73319-73342 2021-27959 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 73280-73292 2021-28040 2021-28030 2021-28031 2021-28032 2021-28033 Final Revised Vaccine Information Materials, 73285-73286 2021-27929 Meetings: Advisory Board on Radiation and Worker Health, National Institute for Occupational Safety and Health, 73292 2021-28020 Advisory Board on Radiation and Worker Health, Subcommittee on Procedures Reviews, National Institute for Occupational Safety and Health, 73292-73293 2021-28021 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program:

CY 2022 Payment Policies under the Physician Fee Schedule and Other Changes to Part B Payment Policies, etc.; Correction, 73157-73160 2021-27853 Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals; Changes to Medicare Graduate Medical Education Payments for Teaching Hospitals; Changes to Organ Acquisition Payment Policies, 73416-73519 2021-27523 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Annual Report on Households Assisted by the Low Income Home Energy Assistance Program, 73293-73294 2021-28125 Children's Bureau National Youth in Transition Database, 73295 2021-28058 National Directory of New Hires, 73294-73295 2021-28065 Coast Guard Coast Guard RULES Fire Safety of Small Passenger Vessels, 73160-73173 2021-27549 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Defense Department Defense Department See Engineers Corps NOTICES Database Update:

Limitations on Terms of Consumer Credit Extended to Service Members and Dependents—Military Lending Act Database, 73263 2021-28034 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Impact Evaluation of Training in Multi-Tiered Systems of Support for Reading in Early Elementary School, 73264 2021-28061 International Resource Information System, 73263-73264 2021-27933 Common Instructions for Applicants:

Discretionary Grant Programs, 73264-73267 2021-27979 Employment and Training Employment and Training Administration NOTICES Determinations Regarding Eligibility to Apply for Trade Adjustment Assistance, 73348-73350 2021-27982 Investigations Regarding Eligibility to Apply for Trade Adjustment Assistance, 73350-73351 2021-27983 Energy Department Energy Department See Federal Energy Regulatory Commission See National Nuclear Security Administration NOTICES Guidance and Application for Hydroelectric Incentive Program, 73268-73269 2021-27915 Request for Information:

Cybersecurity Capability Maturity Model Version 2.0 (July 2021); Extension, 73267-73268 2021-28148 Using a Consent-Based Siting Process to Identify Federal Interim Storage Facilities; Correction, 73269-73270 2021-28009 Engineers Engineers Corps RULES Reissuance and Modification of Nationwide Permits, 73522-73583 2021-27441 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Air Plan Approval; California;

San Joaquin Valley Unified Air Pollution Control District, 73106-73129 2021-27798 Hawaii; Interstate Transport for the 2015 Ozone National Ambient Air Quality Standards, 73129-73131 2021-27556 Unregulated Contaminant Monitoring Rule for Public Water Systems, 73131-73157 2021-27858 PROPOSED RULES National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities Technology Review, 73207-73219 2021-26469 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

National Emission Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills, 73274-73275 2021-28046 National Emission Standards for Hazardous Air Pollutants for Leather Finishing Operations, 73278-73279 2021-28047 Renewal and Consolidation of Two Currently Approved Collections under Section 5 of the Toxics Substances Control Act, 73277-73278 2021-28066 Proposed Consent Decree: Clean Air Act Citizen Suit, 73275-73276 2021-27930 Federal Aviation Federal Aviation Administration PROPOSED RULES Airspace Designations and Reporting Points:

Eastern United States, 73205-73206 2021-27831 Hallock, MN, 73203-73205 2021-27916 Multiple Michigan Towns, 73202-73203 2021-27920 Pembina, ND, 73200-73202 2021-27917 Airworthiness Directives: Airbus Canada Limited Partnership, 73194-73197 2021-27833 Airbus SAS Airplanes, 73197-73200 2021-27834 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Organization Designation Authorization, 73408-73409 2021-28055 Federal Emergency Federal Emergency Management Agency NOTICES Final Flood Hazard Determinations, 73306-73309 2021-28035 2021-28039 Flood Hazard Determinations;

Proposals, 73307-73311 2021-28036 2021-28037 2021-28038 Federal Energy Federal Energy Regulatory Commission NOTICES Application: City of Pelican, Pelican Utility District, 73274 2021-28029 Combined Filings, 73273-73274 2021-28023 Environmental Assessments; Availability, etc.: York Haven Power Co., LLC, 73271 2021-28025 Request Under Blanket Authorization and Establishing Intervention and Protest Deadline: Columbia Gas Transmission, LLC, 73271-73273 2021-28024 Federal Housing Finance Agency Federal Housing Finance Agency PROPOSED RULES Capital Planning and Stress Capital Buffer Determination, 73187-73194 2021-27589 Federal Trade Federal Trade Commission PROPOSED RULES Petition for Rulemaking:

Accountable Tech, 73206-73207 2021-27436 Institute for Policy Integrity, 73207 2021-27435 Food and Drug Food and Drug Administration NOTICES Guidance: Compliance Policy Guide, Scombrotoxin (Histamine)-forming Fish and Fishery Products—Decomposition and Histamine, 73295-73296 2021-28053 Non-Clinical and Clinical Investigation of Devices Used for the Treatment of Benign Prostatic Hyperplasia, 73298-73300 2021-27919 Pathology Peer Review in Nonclinical Toxicology Studies: Questions and Answers, 73300-73302 2021-28051 New Drug Applications:

Panray Corp. Sub Ormont Drug and Chemical Co., Inc., et al.; Proposal To Withdraw Approval of Three; Opportunity for a Hearing, 73296-73298 2021-27946 Foreign Assets Foreign Assets Control Office RULES Weapons of Mass Destruction Trade Control Regulations, 73105-73106 2021-27868 General Services General Services Administration PROPOSED RULES Acquisition Regulation: Contract Requirements for High-Security Leased Space, 73219-73230 2021-27443 NOTICES Relocation Allowances: Extended Waiver of Certain Federal Travel Regulation Provisions During the COVID-19 Pandemic., 73279-73280 2021-28044 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration See U.S.

Customs and Border Protection NOTICES Identifying Recommendations to Support the Work of the Interagency Task Force on the Reunification of Families, 73311 2021-27935 Indian Affairs Indian Affairs Bureau NOTICES Environmental Impact Statements; Availability, etc.: Proposed Coquille Indian Tribe Fee-to-Trust and Gaming Facility Project, Medford, OR, 73313 2021-27953 Indian Gaming: Approval of Tribal-State Class III Gaming Compact in the State of Washington, 73313-73314 2021-27975 2021-27976 Interior Interior Department See Indian Affairs Bureau See Office of Natural Resources Revenue International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Aluminum Wire and Cable from the People's Republic of China, 73251-73252 2021-28042 Certain Aluminum Foil from the People's Republic of China, 73249-73251 2021-28043 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China, 73242-73244, 73247-73249 2021-28071 2021-28072 Forged Steel Fittings from Taiwan, 73241-73242 2021-28070 Multilayered Wood Flooring from the People's Republic of China, 73244-73247, 73252-73256 2021-28069 2021-28074 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same, 73314-73315 2021-28015 Certain Digital Video-Capable Devices and Components Thereof, 73316-73318 2021-27945 Certain Networking Devices, Computers, and Components Thereof, 73315-73316 2021-27943 Certain Playards and Strollers, 73318-73319 2021-27941 Judicial Conference Judicial Conference of the United States NOTICES Meetings: Advisory Committee on Appellate Rules, 73319 2021-27984 Advisory Committee on Bankruptcy Rules, 73319 2021-27986 Advisory Committee on Civil Rules, 73319 2021-27985 Committee on Rules of Practice and Procedure, 73319 2021-27987 Justice Department Justice Department See Antitrust Division NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 73343-73344, 73347 2021-27997 2021-27998 2021-27999 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Applications for Special Deputation, 73342-73343 2021-27996 Law Enforcement Officers Killed and Assaulted Program, 73346-73347 2021-27994 National Use-of-Force Data Collection, 73345-73346 2021-27995 Proposed Consent Decree: CERCLA, 73347-73348 2021-27988 2021-28027 Labor Department Labor Department See Employment and Training Administration Maritime Maritime Administration NOTICES Privacy Act;

System of Records, 73409-73412 2021-28077 NASA National Aeronautics and Space Administration NOTICES Intent to Grant an Exclusive, Co-Exclusive or Partially Exclusive Patent License, 73351-73352 2021-28076 Meetings: Advisory Council, Human Exploration and Operations Committee, 73351 2021-28062 National Archives National Archives and Records Administration NOTICES Meetings: State, Local, Tribal, and Private Sector Policy Advisory Committee, 73352 2021-27954 National Institute National Institutes of Health NOTICES Meetings:

Fogarty International Center, 73303-73304 2021-28006 National Institute of Allergy and Infectious Diseases, 73303-73304 2021-27992 2021-28003 2021-28004 National Institute of Diabetes and Digestive and Kidney Diseases, 73302-73303 2021-28002 2021-28000 National Institute on Aging, 73303 2021-28001 Energy National Nuclear National Nuclear Security Administration NOTICES Exports of United States-Origin Highly Enriched Uranium for Medical Isotope Production: Certification of Sufficient Supplies of Non-HEU-based Molybdenum-99 to Meet Needs of Patients, 73270-73271 2021-28017 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Endangered and Threatened Species:

Sunflower Sea Star; 90-Day Finding on a Petition To List as Threatened or Endangered under the Endangered Species Act, 73230-73233 2021-27931 Pacific Island Fisheries: 2022-2025 Annual Catch Limits and Accountablility Measures for Main Hawaiian Islands Uku (Gray Jobfish), 73234-73236 2021-27794 NOTICES Meetings: Gulf of Mexico Fishery Management Council, 73259-73260 2021-28073 North Pacific Fishery Management Council, 73260-73263 2021-28012 2021-28014 South Atlantic Fishery Management Council, 73256-73257 2021-28011 2021-28013 Takes of Marine Mammals Incidental to Specified Activities:

Army Corps of Engineers Debris Dock Replacement Project, Sausalito, CA, 73261-73262 2021-27991 U.S. Coast Guard's Base Los Angeles/Long Beach Wharf Expansion Project, Los Angeles, CA, 73257-73259 2021-27993 National Transportation National Transportation Safety Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 73352 C1-2021-27299 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 73352-73353 2021-28146 Natural Resources Office of Natural Resources Revenue NOTICES States' Decisions on Participating in Accounting and Auditing Relief for Federal Oil and Gas Marginal Properties, 73314 2021-28045 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Partitions of Eligible Multiemployer Plans, 73353 2021-27990 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Pipeline Safety: Unusually Sensitive Areas for the Great Lakes, Coastal Beaches, and Certain Coastal Waters, 73173-73186 2021-27751 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Defense and National Security: Defense Production Act of 1950, as Amended; Determination Pursuant to Section 303 (Presidential Determination No. 2022-08 of December 21, 2021), 73589-73590 2021-28285 Defense Production Act of 1950;

Determination Pursuant to Section 303 (Presidential Determination No. 2022-07 of December 21, 2021), 73585-73588 2021-28284 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 73360-73391, 73402-73405 2021-27824 2021-27922 Cboe Exchange, Inc., 73353-73360 2021-27924 NYSE American, LLC, 73391-73396 2021-27927 NYSE Arca, Inc., 73396-73402 2021-27925 State Department State Department NOTICES Culturally Significant Object Being Imported for Exhibition:

Frederic Bruly Bouabre: World Unbound, 73406 2021-28183 Paintings on Stone: Science and the Sacred 1530-1800, 73405-73406 2021-28175 Surface Transportation Surface Transportation Board NOTICES Privacy Act; Systems of Records, 73406-73407 2021-28022 Trade Representative Trade Representative, Office of United States NOTICES Modification of United States Tariff-Rate Quotas and the Harmonized Tariff Schedule; Correction, 73407-73408 2021-27938 Transportation Department Transportation Department See Federal Aviation Administration See Maritime Administration See Pipeline and Hazardous Materials Safety Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Security Threat Assessment for Individuals Applying for a Hazardous Materials Endorsement for a Commercial Driver's License, 73311-73313 2021-28041 Treasury Treasury Department See Foreign Assets Control Office Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Collection of Advance Information from Certain Undocumented Individuals on the Land Border, 73304-73306 2021-28005 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Extended Care Services, 73413-73414 2021-27918 Reimbursement for Caskets and Urns for Burial of Unclaimed Remains in a National Cemetery or a VA-Funded State or Tribal Veterans' Cemetery, 73412-73413 2021-27947 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 73416-73519 2021-27523 Part III Defense Department, Engineers Corps, 73522-73583 2021-27441 Part IV Presidential Documents, 73585-73590 2021-28285 2021-28284 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. 86 245 Monday, December 27, 2021 Rules and Regulations DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Part 539 Weapons of Mass Destruction Trade Control Regulations AGENCY: Office of Foreign Assets Control, Treasury.

ACTION: Final rule. SUMMARY: The Department of the Treasury's Office of Foreign Assets Control

(OFAC)is amending the Weapons of Mass Destruction Trade Control Regulations to add a June 28, 2005 Executive order as an authority, remove the appendix to the part, and modify three definitions referencing the appendix. DATES: This rule is effective December 27, 2021. FOR FURTHER INFORMATION CONTACT: OFAC: Assistant Director for Licensing, 202-622-2480; Assistant Director for Regulatory Affairs, 202-622-4855; or Assistant Director for Sanctions Compliance & Evaluation, 202-622-2490. SUPPLEMENTARY INFORMATION: Electronic Availability This document and additional information concerning OFAC are available on OFAC's website: *www.treasury.gov/ofac.* Background On February 23, 1999, OFAC issued the Weapons of Mass Destruction Trade Control Regulations, 31 CFR part 539 (64 FR 8715, February 23, 1999) (the “Regulations”), to implement Executive Order (E.O.) 12938 of November 14, 1994, “Proliferation of Weapons of Mass Destruction” (59 FR 59099, November 16, 1994), as amended by E.O. 13094 of July 28, 1998, “Proliferation of Weapons of Mass Destruction” (63 FR 40803, July 30, 1998). Since that time, OFAC has amended the Regulations to remove two names from appendix I to the Regulations (66 FR 57371, November 15, 2001). Appendix I to the Regulations lists the names of foreign persons who are determined by the Secretary of State pursuant to section 4(a) of E.O. 12938, as amended by E.O. 13094, to have materially contributed or attempted to contribute materially to the efforts of a foreign country, project, or entity of proliferation concern to use, acquire, design, develop, produce, or stockpile weapons of mass destruction or missiles capable of delivering such weapons, and who are subject to import measures authorized in E.O. 12938, as amended. Although appendix I to the Regulations has not been updated since November 15, 2001, the names of persons subject to the import measures authorized in E.O. 12938, as amended, are published in the **Federal Register** and maintained on the Department of State's website. All persons currently listed in appendix I to the Regulations have been determined by the Department of State to no longer be subject to the import measures authorized in E.O. 12938, as amended, and the Department of State has published these determinations in the **Federal Register** . 1 The list maintained on the Department of State's website has been updated to reflect that these persons are no longer subject to sanctions under E.O. 12938, as amended. 1 Baltic State Technical University was removed on February 4, 2010 (74 FR 5836); Europlace 2000, Grafit, MOSO Company, and NKIET were removed on April 1, 2004 (69 FR 17262); Glakosmos was removed on March 10, 2010 (75 FR 11223); D. Mendelyev University of Chemical Technology of Russia and Moscow Aviation Institute

(MAI)were removed on May 21, 2010 (75 FR 28672). In addition, since November 15, 2001, E.O. 12938, as amended, has been further amended. On June 28, 2005, the President, invoking the authority of, inter alia, the International Emergency Economic Powers Act (50 U.S.C. 1701-1706), issued E.O. 13382, “Blocking Property of Weapons of Mass Destruction Proliferators and Their Supporters” (70 FR 38567, July 1, 2005), effective at 12:01 a.m. eastern daylight time on June 29, 2005. E.O. 13382 blocks the property and interests in property of certain persons and is implemented in the Weapons of Mass Destruction Proliferators Sanctions Regulations, 31 CFR part 544. In addition, E.O. 13382 further amended section 4(a) of E.O. 12938 to add the Secretary of the Treasury as a consultative party and expand the foreign persons who could be subject to the import measures of E.O. 12938, as amended, to the following: Foreign persons determined by the Secretary of State, in consultation with the Secretary of the Treasury, to have engaged, or attempted to engage, in activities or transactions that have materially contributed to, or pose a risk of materially contributing to, the proliferation of weapons of mass destruction or their means of delivery (including missiles capable of delivering such weapons), including any efforts to manufacture, acquire, possess, develop, transport, transfer, or use such items, by any person or foreign country of proliferation concern. Accordingly, OFAC is adding E.O. 13382 as an authority to the Regulations. In light of the further amendment to section 4(a) of E.O. 12938, the removal of all persons from appendix I, and the Department of State's regular practice of publishing in the **Federal Register** notices of the determinations of the Secretary of State, in consultation with the Secretary of the Treasury, that a person meets or no longer meets the criteria of section 4(a) of E.O. 12938, as amended, OFAC is also now removing appendix I from the Regulations. OFAC is also amending the definitions in §§ 539.301, 539.302, and 539.304 in the Regulations to reflect the removal of appendix I and making technical edits to the authority citation to conform to **Federal Register** guidance. Public Participation Because the Regulations involve a foreign affairs function, the provisions of E.O. 12866 of September 30, 1993, “Regulatory Planning and Review” (58 FR 51735, October 4, 1993), and the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, opportunity for public participation, and delay in effective date are inapplicable. Because no notice of proposed rulemaking is required for this rule, the Regulatory Flexibility Act (5 U.S.C. 601-612) does not apply. Paperwork Reduction Act The collections of information related to the Regulations are contained in 31 CFR part 501 (the “Reporting, Procedures and Penalties Regulations”). Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), those collections of information have been approved by the Office of Management and Budget under control number 1505-0164. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid control number. List of Subjects in 31 CFR Part 539 Administrative practice and procedure, Arms and munitions, Foreign Trade, Imports, Penalties, Reporting and recordkeeping requirements, Sanctions, Services, Weapons of mass destruction. For the reasons set forth in the preamble, OFAC amends 31 CFR part 539 as follows: PART 539—WEAPONS OF MASS DESTRUCTION TRADE CONTROL REGULATIONS 1. The authority citation for part 539 is revised to read as follows: Authority: 3 U.S.C. 301; 22 U.S.C. 2751-2799aa-2; 31 U.S.C. 321(b); 50 U.S.C. 1601-1651, 1701-1706; Pub. L. 101-410, 104 Stat. 890, as amended (28 U.S.C. 2461 note); E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13094, 63 FR 40803, 3 CFR, 1998 Comp., p. 200; E.O. 13382, 70 FR 38567, 3 CFR, 2005 Comp., p. 170. Subpart C—General Definitions 2. Revise § 539.301 to read as follows: § 539.301 Designated foreign person. The term *designated foreign person* means any person determined by the Secretary of State, in consultation with the Secretary of the Treasury, to be subject to import measures pursuant to section 4(a) of Executive Order (E.O.) 12938 of November 14, 1994, as amended by E.O. 13094 of July 28, 1998 and E.O. 13382 of June 28, 2005. Note 1 to § 539.301. The Department of State publishes in the **Federal Register** the names of persons determined to be subject to import measures pursuant to section 4(a) of E.O. 12938, as amended, and maintains a list of such persons accessible through the following page on the Department of State's website: *https://www.state.gov/key-topics-bureau-of-international-security-and-nonproliferation/nonproliferation-sanctions/.* § 539.302 [Amended] 3. In § 539.302, remove the last sentence of the section. § 539.304 [Amended] 4. Amend § 539.304 as follows: a. Remove “person listed in appendix I to this part” everywhere it appears and add in its place “designated foreign person.” b. Remove “entities listed in appendix I to this part” and add in its place “entities that are designated foreign persons.” Appendix I to Part 539 [Removed] 5. Remove appendix I. Andrea M. Gacki, Director, Office of Foreign Assets Control. [FR Doc. 2021-27868 Filed 12-23-21; 8:45 am]

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