US Federal Register Vol. 91 No. 78 April 23 2026

Vol. 91 Thursday, No. 78 April 23, 2026 Pages 21713-21936

OFFICE OF THE FEDERAL REGISTER

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II Federal Register / Vol. 91, No. 78 / Thursday, April 23, 2026 / Contents

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III Contents

Agency for Healthcare Research and Quality Environmental Protection Agency

NOTICES RULES Requests for Nominations: Air Quality State Implementation Plans; Approvals and

U.S. Preventive Services Task Force, 21821-21822 Promulgations: Connecticut; Finding of Failure to Attain and Reclassification of Tribal Portions of the Greater Agriculture Department Connecticut Ozone Nonattainment Area as Serious See Animal and Plant Health Inspection Service for the 2015 Ozone National Ambient Air Quality See Forest Service Standards, 21729-21731 Missouri; Construction Permits Required, 21724-21725 Animal and Plant Health Inspection Service Virginia; Revision to the Regulatory Definition of Volatile NOTICES Organic Compound, 21726-21728 Air Quality State Implementation Plans; Approvals and Spongy Moth Identification Worksheet and Checklist, Promulgations: 21785-21786 Michigan; 2015 Ozone Moderate Reasonably Available Control Technology, 21753 Missouri; Control of Emissions during Petroleum Liquid Storage, Loading, and Transfer, 21751-21753 NOTICES Plans of Action under the Defense Production Act, 21850- Utah, Uinta Basin; 2015 8-Hour Ozone National Ambient 21851 Air Quality Standard; Reconsideration and Repeal of Voluntary Agreement Pursuant to the Defense Production Finding of Failure to Attain and Reclassification to a Act of 1950, 21849-21850 Moderate Nonattainment Area, etc., 21753-21758 Hazardous Waste Management System: Identification and Listing of Hazardous Waste; Correction Bureau of the Fiscal Service and Extension of Comment Period; Correction, NOTICES 21760-21761 Application and Renewal Fees Imposed on Surety State Plans for Designated Facilities and Pollutants; Companies and Reinsuring Companies: Approvals and Promulgations: Increase in Fees Imposed, 21872 Kentucky; Control of Emissions from Existing Municipal Solid Waste Landfills, 21758-21760 Commerce Department NOTICES See International Trade Administration See National Oceanic and Atmospheric Administration Application for Reimbursement to Local Governments for Committee for Purchase From People Who Are Blind or Emergency Response to Hazardous Substance Severely Disabled Releases under CERCLA, 21809-21810 Notification of Substantial Risk of Injury to Health and NOTICES Procurement List; Additions and Deletions, 21800-21801 the Environment under TSCA, 21809 Request for Contractor Access to TSCA Confidential Business Information, 21808 Education Department Submission of Protocols and Study Reports for NOTICES Environmental Research Involving Human Subjects, 21810-21811 Federal Agency Hazardous Waste Compliance Docket, Family Education Rights and Privacy Act and Protection 21811-21814 of Pupil Rights Amendment E-Complaint Forms, 21801-21802 Farm Credit Administration Election Assistance Commission Assessment and Apportionment of Administrative NOTICES Expenses, 21734-21738 2026 Election Administration and Voting Survey, 21802 Airspace Designations and Reporting Points: Energy Department Texas, 21749-21751 See Federal Energy Regulatory Commission Airworthiness Directives: NOTICES Importation or Exportation of Liquified Natural Gas or Bell Textron Canada Limited Helicopters, 21741-21744 Electric Energy; Applications, Authorizations, etc.: Bombardier, Inc., Airplanes, 21747-21749 Gulf LNG Liquefaction Co., LLC; Request for Extension of The Boeing Company Airplanes, 21744-21747 Export Commencement Deadline, 21802-21804 Various Helicopters, 21738-21741

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IV

Final Debarment Order: NOTICES Kimberly Schaff Kiehl, 21823-21824 Fueling Aviation's Sustainable Transition Grant Program, Commissioner's National Priority Voucher Pilot Program; 21860-21861 Amendment, 21822 Federal Communications Commission Foreign Assets Control Office

NOTICES Improving Customer Service and Protecting Consumers Sanctions Action, 21872-21873 through Onshoring, 21761-21775

Forest Service NOTICES

NOTICES Submissions, and Approvals, 21815 Environmental Impact Statements; Availability, etc.:

National Forests and Grasslands in Texas; Oil and Gas Federal Deposit Insurance Corporation Leasing Availability Analysis, 21786-21788 NOTICES Great Lakes St. Lawrence Seaway Development Submissions, and Approvals, 21819-21820 Corporation Privacy Act; Systems of Records, 21815-21819 NOTICES Federal Energy Regulatory Commission Advisory Board, 21870-21871 NOTICES Combined Filings, 21804-21805, 21807-21808 Health and Human Services Department Motion to Vacate Certificate in Part: See Agency for Healthcare Research and Quality Freeport LNG Development, LP, 21806-21807 See Food and Drug Administration See Health Resources and Services Administration Federal Labor Relations Authority See National Institutes of Health RULES Implementation of the Administrative False Claims Act, Health Resources and Services Administration 21713-21719

NOTICES Funding Extension:

Rural Communities Opioid Response Program-Behavioral NOTICES Health Care Technical Assistance, 21829-21830 Submissions, and Approvals, 21861-21862, 21864- Homeland Security Department 21867 See Transportation Security Administration Application for Approval of Discontinuance or Modification of a Railroad Signal System, 21865-21866 Indian Affairs Bureau Petition for Extension of Waiver of Compliance, 21863- 21864 NOTICES Petition for Waiver of Compliance, 21862-21863, 21867- Advisory Board for Exceptional Children, 21833-21834 21868 Interior Department Federal Reserve System See Fish and Wildlife Service NOTICES See Indian Affairs Bureau Change in Bank Control: See National Park Service Acquisitions of Shares of a Bank or Bank Holding Company, 21820-21821

NOTICES Antidumping or Countervailing Duty Investigations, Orders, NOTICES or Reviews:

Certain Activated Carbon from the People's Republic of China, 21796-21798 All Stations Accessibility Program, 21869 Certain Preserved Mushrooms from the Netherlands, Public Transportation Emergency Relief Program, 21869- 21794-21796 21870 Wooden Cabinet and Vanities and Components Thereof Transit Research, Development, Demonstration, from the People's Republic of China, 21788-21790 Deployment and Training Projects, 21868-21869 Procedures for Submissions by Certain Steel and Aluminum Producers Committing to New U.S. Steel or Fish and Wildlife Service Aluminum Production to Obtain Tariff Adjustments, NOTICES 21790-21794 Permits; Applications, Issuances, etc.: Foreign Endangered Species, 21832-21833 International Trade Commission

NOTICES Complaint, 21848-21849 NOTICES Established List Additions: Investigations; Determinations, Modifications, and Rulings,

Harmful and Potentially Harmful Constituents in Tobacco etc.: Products and Tobacco Smoke, 21824-21829 Lithium Hexafluorophosphate from China, 21848

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Justice Department NOTICES See Antitrust Division VGulf Fishery Management Council, 21798-21799 NOTICES Mid-Atlantic Fishery Management Council, 21799-21800 National Integrated Drought Information System Executive Council, 21800 National Motor Vehicle Title Information System, 21851- 21852 Patrick Leahy Bulletproof Vest Partnership Program, 21852

NOTICES Inventory Completion: Labor Department Field Museum, Chicago, IL, 21842 See Labor Statistics Bureau Florida Department of State, Tallahassee, FL, 21844 See Occupational Safety and Health Administration Garvies Point Museum and Preserve, Nassau County See Wage and Hour Division Department of Parks, Recreation and Museums, Glen NOTICES Cove, NY, 21845-21846

Indiana University, Bloomington, IN, 21846 Robert S. Peabody Institute of Archaeology, Andover, Federal Contract Compliance Programs Recordkeeping MA, 21842-21843 Requirements, Vietnam Era Veterans' Readjustment U.S. Army Corps of Engineers, Tulsa District, Tulsa, OK, Assistance Act, 21853-21854 21841-21842 Office of Federal Contract Compliance Programs U.S. Department of the Interior, National Park Service, Recordkeeping Requirements, 21853 Mesa Verde National Park, CO, 21835 Labor Statistics Bureau University of Michigan, Ann Arbor, MI, 21840-21841 University of Nebraska State Museum, Lincoln, NE, NOTICES 21843-21844 Submissions, and Approvals University of Texas at San Antonio Center for Consumer Expenditure Surveys: Contingent Work Archaeological Research, San Antonio, TX, 21844- Supplement to the Current Population Survey, 21854 21845 Yale Peabody Museum, Yale University, New Haven, CT, National Aeronautics and Space Administration 21836-21837 Repatriation of Cultural Items: NOTICES American Museum of Natural History, New York, NY, 21839-21840 Automated Technology Licensing Application System, Brooklyn Museum, Brooklyn, NY, 21837-21838 21856 Denver Museum of Nature and Science, Denver, CO, 21847 National Drug Control Policy Office Martha's Vineyard Museum, Vineyard Haven, MA, 21838 NOTICES Miami University, Oxford, OH, 21847-21848 San Bernardino County Museum, Redlands, CA, 21838- Submissions, and Approvals, 21856-21857 21839 Thornton W. Burgess Society, East Sandwich, MA, National Endowment for the Arts 21834-21835 NOTICES Yale Peabody Museum, Yale University, New Haven, CT, 21835-21836 National Council on the Arts, 21857-21858 National Foundation on the Arts and the Humanities Nuclear Regulatory Commission See National Endowment for the Arts RULES Exceptions from Foreign Ownership, Control, or Domination, 21719-21723 NOTICES Exceptions from Foreign Ownership, Control or Center for Scientific Review, 21830-21831 Domination, 21732-21734 Center for Scientific Review; Amendment, 21830 National Heart, Lung, and Blood Institute, 21830-21831 Occupational Safety and Health Administration National Oceanic and Atmospheric Administration NOTICES Fisheries of the Caribbean, Gulf of America, and South Atlantic: The Standard on Gear Certification, 21854-21855 Snapper-Grouper Fishery of the South Atlantic, 21775- 21779 Fisheries of the Northeastern United States: Monkfish; Framework Adjustment 17, 21779-21782 ADMINISTRATIVE ORDERS Pacific Island Fisheries: Air Force Jet Fighter Training Operations in Idaho, Oregon, Annual Catch Limit and Accountability Measures for and Nevada; Presidential Determination (Presidential Guam Bottomfish Management Unit Species, 21782- Determination No. 2026-07 of April 20, 2026), 21924- 21784 21926

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VI

Defense Production Act of 1950, as Amended; Presidential See Federal Railroad Administration Determination Pursuant to Section 303 on Coal Supply See Federal Transit Administration Chains and Baseload Power Generation Capacity See Great Lakes St. Lawrence Seaway Development (Presidential Determination No. 2026-08 of April 20, Corporation 2026), 21927-21928 NOTICES Proposed Guidance: Defense Production Act of 1950, as Amended; Presidential Transit-Oriented Development Projects under the Determination Pursuant to Section 303 on Railroad Rehabilitation and Improvement Financing Development, Manufacturing, and Deployment of Program and Transportation Infrastructure Finance Large-Scale Energy and Energy Related Infrastructure and Innovation Act Program, 21871-21872 (Presidential Determination No. 2026-09 of April 20, 2026), 21929-21930 Transportation Security Administration Defense Production Act of 1950, as Amended; Presidential Determination Pursuant to Section 303 on Domestic NOTICES Petroleum Production, Refining, and Logistics Capacity (Presidential Determination No. 2026-11 of April 20, Insider Threat Incident Reporting Tool, 21831-21832 2026), 21933-21934 Defense Production Act of 1950, as Amended; Presidential Determination Pursuant to Section 303 on Grid Treasury Department Infrastructure, Equipment, and Supply Chain Capacity See Bureau of the Fiscal Service (Presidential Determination No. 2026-10 of April 20, See Foreign Assets Control Office 2026), 21931-21932 Defense Production Act of 1950, as Amended; Presidential Veterans Affairs Department Determination Pursuant to Section 303 on Natural Gas NOTICES Transmission, Processing, Storage, and Liquefied Natural Gas Capacity (Presidential Determination No. 2026-12 of April 20, 2026), 21935-21936 Readjustment Counseling Service Scholarship Program, 21873-21874 Securities and Exchange Commission Tiered Pharmacy Copayments for Medications: Calendar Year 2026 Update, 21874-21875 NOTICES Application: Aristotle Pacific Enhanced CLO Income Fund, et al., 21858 Joint Employer Status under the Fair Labor Standards Act, Small Business Administration Family and Medical Leave Act, and Migrant and NOTICES Seasonal Agricultural Worker Protection Act, 21878- 21922 Submissions, and Approvals, 21858-21859 Disaster Declaration: Hawaii, 21859 Separate Parts In This Issue Hawaii; Public Assistance Only, 21859 State Department Part II Labor Department, Wage and Hour Division, 21878-21922 NOTICES Culturally Significant Objects Imported for Exhibition: The Beautiful Game... The Untold Story, 21859-21860 Part III Presidential Documents, 21924-21936 Shipping Coordination Committee, Preparation for International Maritime Organization MEPC84 Session; Cancellation, 21860 Reader Aids Consult the Reader Aids section at the end of this issue for Surface Transportation Board phone numbers, online resources, finding aids, and notice NOTICES of recently enacted public laws. Exemption: To subscribe to the Federal Register Table of Contents Lease and Operation; Tazewell and Peoria Railroad, Inc., electronic mailing list, go to https://public.govdelivery.com/ Peoria and Pekin Union Railway Co., 21860 accounts/USGPOOFR/subscriber/new, enter your e-mail Transportation Department address, then follow the instructions to join, leave, or manage your subscription. See Federal Aviation Administration

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VII Federal Register / Vol. 91, No. 78 / Thursday, April 23, 2026 / Contents

CFR PARTS AFFECTED IN THIS ISSUE A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue. 3 CFR

Administrative Orders: Presidential Determinations: No. 2026-07 of April

20, 2026.......................21925 No. 2026-08 of April

20, 2026.......................21927 No. 2026-09 of April

20, 2026.......................21929 No. 2026-10 of April

20, 2026.......................21931 No. 2026-11 of April

20, 2026.......................21933 No. 2026-12 of April

20, 2026.......................21935

5 CFR

2419.................................21713

10 CFR

50.....................................21719 54.....................................21719

50.....................................21732 54.....................................21732

12 CFR

607...................................21734

14 CFR

39 (4 documents) ...........21738,

21741, 21744, 21747 71.....................................21749

29 CFR

500...................................21878 780...................................21878 791...................................21878 825...................................21878

40 CFR 52 (2 documents) ...........21724,

21726 81.....................................21729

52 (3 documents) ...........21751,

21753 62.....................................21758 81.....................................21753 261...................................21760

47 CFR

8.......................................21761 25.....................................21761 64.....................................21761 76.....................................21761

50 CFR

622...................................21775 648...................................21779 665...................................21782

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21713 Rules and Regulations

1. Overview of Comments Received within 180 days of enactment. Public Law 118-159, sec. 5203(j). This final contains regulatory documents having general On July 8, 2025, the FLRA published rule includes the regulations required applicability and legal effect, most of which a proposed rule in the Federal Register are keyed to and codified in the Code ofby that provision. The intent of this that proposed a new part 2419 in 5 CFR Federal Regulations, which is published underfinal rule is to cite the controlling chapter XIV containing the regulations 50 titles pursuant to 44 U.S.C. 1510.statute when possible, repeating required to implement the AFCA at the statutory provisions in the regulation The Code of Federal Regulations is sold by FLRA. The FLRA received three only where necessary for the the Superintendent of Documents. comment letters on the proposed rule. convenience of the regulated public. One commenter expressed concern Initial Inflation Adjustment of Penalties that the proposed rule could be used to FEDERAL LABOR RELATIONS sanction litigants in proceedings before AUTHORITY The Bipartisan Budget Act of 2015 the FLRA if the Government disputes included the Federal Civil Penalties 5 CFR Part 2419 the factual accuracy of litigants' Inflation Adjustment Act Improvements submissions. To address their concern, Act of 2015 (the 2015 Inflation Implementation of the Administrative the commenter proposed modifying the Adjustment Act). Public Law 114-74, False Claims Act rule to state that the rule is inapplicable sec. 701 (November 2, 2015). The 2015 to the proceedings of litigants in : Federal Labor Relations Inflation Adjustment Act amended a AGENCY litigation matters before the FLRA. Authority. previous statutory scheme in order to Another commenter similarly improve the effectiveness of civil ACTION recommended clarification regarding monetary penalties and to maintain : This final rule establishes the individuals and types of actions that their deterrent effect. Among other SUMMARYprocedural regulations for the could be subject to the rule, as well as things, the 2015 Inflation Adjustment Administrative False Claims Act how an investigation could be initiated. Act mandated an initial catch-up (AFCA) at the Federal Labor Relations The commenter also recommended inflation adjustment for certain civil Authority (FLRA). The AFCA is at 31 stating in the rule that an AFCA penalties by August 1, 2016, to be U.S.C. 3801 through 3812. The AFCA complaint is a ''proceeding'' for followed by annual inflation requires the promulgation of rules and purposes of Title VII of the Civil Service adjustments each year thereafter. 28 regulations necessary to implement the Reform Act of 1978, Public Law 95-454, U.S.C. 2461 note. The statute capped the AFCA. to permit use of official time by Federal initial inflation increase at 150% of the : This rule is effective May 26, employee witnesses, representatives, original penalty. DATES2026. and defendants. The commenter further The FLRA did not have regulations recommended that the failure to answer for the Program Fraud Civil Remedies : a complaint not result in maximum Act, the previous name of the AFCA, in Thomas Tso, Solicitor and Federal penalties under proposed 5 CFR 2015. The FLRA, therefore, could not Register Liaison, (771) 444-5779, 2419.4(e), but rather the provisions at adjust penalties under the 2015 Inflation SolMail@flra.gov. proposed 5 CFR 2419.5(b) should apply Adjustment Act contemporaneously : when there is a failure to answer a with the first adjustment period. With complaint. Finally, the commenter the promulgation of this final rule, the made several recommendations FLRA can adjust any penalties imposed Congress originally enacted the regarding the representation of a under the AFCA consistent with the Program Fraud Civil Remedies Act defendant, including clarification that 2015 Inflation Adjustment Act. That (PFCRA) in 1986. The purpose of the the representative is not limited to an adjustment remains constrained by the PFCRA was twofold: (1) to provide attorney and the representation is not in initial inflation adjustment cap. agencies that were the victims of false contravention of the conflict-of-interest Accordingly, we are adjusting the claims and statements an administrative statute at 18 U.S.C. 205. penalty amount for the AFCA from the remedy; and (2) to provide due process The final commenter, in applying a statutory $5,000 to $12,500. We arrived for all parties subject to that remedy. at this figure by determining the recent U.S. Supreme Court decision to Public Law 99-509, sec. 6102 (October the proposed rule, expressed the view maximum increase permitted by the 21, 1986) (findings and purposes at 31 that the proposed rule is 2015 Inflation Adjustment Act--150 U.S.C. 3801 note). unconstitutional because it does not percent of $5,000, or $7,500--and On December 23, 2024, the afford defendants a jury trial in an adding that amount to the base $5,000 Servicemember Quality of Life Article III court before a civil penalty penalty to yield a $12,500 adjusted Improvement and National Defense may be imposed on defendants. The penalty amount. This adjustment Authorization Act for Fiscal Year 2025 commenter recommended revising the resulted in a lower increase than a full amended the PFCRA. Among other rule to state that a defendant must Consumer Price Index adjustment things, the amendments changed the consent to the agency proceedings and comparing October 1984 with February PFCRA's name to the Administrative final decision, thereby waiving the right 2026 on the publicly available Bureau of False Claims Act (AFCA). Public Law to a jury trial in an Article III court. The Labor Statistics website at https://118-159, sec. 5203(a). In that www.bls.gov/data/inflation_ commenter also expressed concern that legislation, Congress also mandated that the proposed rule does not state who calculator.htm (last accessed March 12, agencies promulgate regulations and has the burden of proof. 2026). procedures to carry out the AFCA

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1. Final Rule and Discussion of regarding burden of proof to the final Federal employee and non-Federal Comments rule. employee defendants. Therefore, the FLRA is not adding reference to the The FLRA carefully considered all IV. Findings and Certifications conflict-of-interest statute in the final comments received and is finalizing the Regulatory Planning and Review: rule. rule generally as proposed. Executive Orders 12866, 13563, 14215, E. Default Upon Failure To File an and 14192 direct agencies to assess the A. Application to Certain Types of Answer costs and benefits of available regulatory Actions alternatives and, if regulation is The FLRA does not concur with the The terms ''claim'', ''person'', and necessary, to select regulatory ''statement'' are defined by statute. 31 comment that the analysis under approaches that maximize net benefits. U.S.C. 3801. The FLRA does not read proposed 5 CFR 2419.5(b) can substitute This final rule has not been designated these definitions under the AFCA to for the default penalty at proposed 5 a ''significant regulatory action'' under encompass the representations and CFR 2419.4(e) because the detailed section 3(f) of Executive Order 12866. advocacy that may occur during analysis at 5 CFR 2419.5(b) requires a Accordingly, this final rule has not been proceedings before the FLRA under record that would not exist if the reviewed by the Office of Management Title VII of the Civil Service Reform Act defendant does not respond. Therefore, and Budget as a significant regulatory of 1978, Pubic Law 95-454, 5 U.S.C. the FLRA is not removing the provisions action. 7101-7135. Therefore, the FLRA is not regarding the default penalty. This regulatory action determination adding further definition to these terms is based on the limited scope of the final F. Lawfulness Under Supreme Court or other related specification in the final rule and the FLRA's statutory mission. Case rule. The regulations are required by the As indicated in the preamble to the B. Receipt and Assessment of AFCA and would only affect an entity proposed rule, the FLRA considered the Information by the Inspector General suspected of making a false claim or lawfulness of the proposed rule, statement related to the FLRA. The ''investigating official'' is defined including the proposed rule's Furthermore, claims and statements as the Inspector General by statute. 31 relationship to the case discussed by a subject to the AFCA are capped at $1 U.S.C. 3801(4)(A)(i). Anyone may commenter, SEC v. Jarkesy, 603 U.S. 109 million. submit or refer a complaint or (2024). While the FLRA understands the Legality and National Interest: information to the Inspector General of commenter's extension of Jarkesy to the Executive Order 14219 directs agencies the FLRA through the Inspector AFCA and the constitutional concerns to evaluate potential new regulations General's public Hotline, which is raised, the FLRA cannot conclude at under factors related to legality and the maintained in accordance with the this time that either the AFCA or the national interest. The FLRA has Inspector General Act, as amended. The proposed rule is facially unlawful under determined the final rule is lawful and FLRA Office of Inspector General (OIG) Jarkesy. Congress debated whether the in the national interest as the final rule assesses complaints and information it AFCA's predecessor statute, the is narrowly tailored to comply with the receives in accordance with the Program Fraud Civil Remedies Act of AFCA and will provide a tool for the professional standards established 1986 (PFCRA), violated the Seventh FLRA to recover misappropriated under the Inspector General Act. 5 Amendment when it enacted the taxpayer funds and deter misconduct. U.S.C. 424(c)(2). Given the general PFCRA. See 132 Cong. Rec. S13007-13 Regulatory Flexibility Analysis: standards of the OIG, the FLRA is not (daily ed. Sept. 19, 1986). When the Pursuant to section 605(b) of the adding further criteria to the final rule. PFCRA was amended in 2024 and Regulatory Flexibility Act, 5 U.S.C. C. Relationship to Title VII of the Civil renamed the AFCA, Jarkesy had been 605(b), the FLRA has determined that Service Reform Act of 1978 decided, and the FLRA assumes that this final rule will not have a significant Congress understood the constitutional impact on a substantial number of small An administrative proceeding by the question. AFCA regulations are required entities. The AFCA only affects entities FLRA under the AFCA is distinct from pursuant to a statutory mandate from suspected of making false claims or a proceeding before the FLRA under Congress, and the determination of statements and, except in proceedings Title VII of the Civil Service Reform Act whether a statute is facially arising from such suspected false claims of 1978. The FLRA is not herein unconstitutional for structural or statements, imposes no duties or advising other agencies on managing challenges ordinarily rests with the obligations on small entities. their employees' time and attendance courts, not with agencies. See, e.g., Unfunded Mandates Reform Act of when participating in FLRA ACFA Thunder Basin Coal Co. v. Reich, 510 1995: This final rule change will not proceedings. Thus, the FLRA is not U.S. 200, 215 (1994) (quoting Johnson v. result in the expenditure by state, local, adding provisions regarding Federal Robison, 415 U.S. 361, 368 (1974) and tribal governments, in the aggregate, employee official time to the final rule. (''Adjudication of the constitutionality or by the private sector, of $100,000,000 D. Representation of congressional enactments has or more in any one year, and it will not generally been thought beyond the The FLRA concurs with the comment significantly or uniquely affect small jurisdiction of administrative that a party could elect to be governments. Therefore, no actions were agencies'')). Therefore, the FLRA is not represented by an individual who is not deemed necessary under the provisions modifying the final rule in response to an attorney and the FLRA has clarified of the Unfunded Mandates Reform Act the comment. this point by adding a definition of of 1995. ''representative'' to the final rule at 5 Small Business Regulatory G. Burden of Proof Enforcement Fairness Act of 1996: This CFR 2419.2(e). The FLRA does not action is not a major rule as defined by The FLRA identifies the AFCA itself concur that a proceeding under the section 804 of the Small Business as establishing which party has the AFCA is a ''personnel administration Regulatory Enforcement Fairness Act of burden of proof at each stage of the proceeding'' under 18 U.S.C. 1996, 5 U.S.C. 804. This final rule will process. 31 U.S.C. 3803. Therefore, the 205(d)(1)(A) because the AFCA does not not result in an annual effect on the FLRA is not adding further provisions distinguish or otherwise reference

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21715

(e) Additional referrals. Federal economy of $100,000,000 or more; a promulgate regulations necessary to agencies that receive or discover any major increase in costs or prices; or implement the provisions of the statute. Administrative False Claims Act specific information regarding bribery, significant adverse effects on gratuities, conÖict of interest, or other competition, employment, investment, liability is identified at 31 U.S.C. 3802. corruption or similar activity in relation productivity, innovation, or on the Liability for false claims can include an to a false claim or statement, must ability of United States-based assessment of up to twice the amount of immediately report that information companies to compete with foreign- the false claim and a civil penalty. consistent with the requirements of 31 based companies in domestic and Liability for a false statement is a civil U.S.C. 3808(c) to the Attorney General export markets. penalty. The civil penalty for a false Paperwork Reduction Act: The final and agency Inspector General as claim or false statement actionable rule contains no additional information under that section is $12,500. collection or record-keeping (f) Board of contract appeals. If a (b) Limitations. A notice to a person requirements under the Paperwork Federal agency uses a presiding officer alleged to be liable under the Reduction Act of 1995, 44 U.S.C. 3501, who is a member of a board of contract Administrative False Claims Act et seq. appeals as permitted by 31 U.S.C. referenced in 31 U.S.C. 3803(d)(1) must Federalism: A rule has federalism 3801(a)(7)(C) for a matter, the be mailed or delivered by the procedural rules implemented by that timeframes noted in 31 U.S.C. 3808(a). 13132 if it has a substantial direct effect board of contract appeals will control Those timeframes are the later of: 6 on the States, on the relationship the litigation of that matter to the extent years after the date on which the between the national government and there is an inconsistency between the violation of 31 U.S.C. 3802 is the States, or on the distribution of board's procedural rules and the committed; or 3 years after the date on power and responsibilities among the procedural rules of this part. which facts material to the action are various levels of government. The FLRA known or reasonably should have been § 2419.2 Definitions. has analyzed this final rule under that known by the authority head, but in no (a) Definitions from the statute. The Order and determined that this rule event more than 10 years after the date definitions of ''authority,'' ''claim,'' does not have federalism implications. on which the violation is committed. A ''investigating official,'' ''knows or has Civil Justice Reform (Plain Language): civil action to recover a penalty or reason to know,'' ''person,'' ''presiding This final rule meets applicable assessment must be commenced within officer,'' ''reviewing official,'' standards in sections 3(a) and 3(b)(2) of the 3-year timeframe noted in 31 U.S.C. ''statement,'' ''material,'' and Executive Order 12988. 3808(b). Consultation and Coordination With ''obligation'' are found in 31 U.S.C. (c) Computation of time. In computing Indian Tribal Governments: This final 3801. The investigating official at the any period of time under this part or in rule does not have Tribal implications Federal Labor Relations Authority is an order issued thereunder, the time under Executive Order 13175 because it identified as the Federal Labor Relations begins with the day following the act, would not have a substantial direct Authority's Inspector General, and the event, or default, and includes the last effect on one or more Indian tribes, on Federal Labor Relations Authority's day of the period, unless the last day is the relationship between the Federal Solicitor is designated to be the a Saturday, Sunday, or legal holiday Government and Indian tribes, or on the reviewing official by the authority head observed by the Federal Government, in at the Federal Labor Relations which event the period includes the responsibilities between the Federal Authority. next business day. (b) Complaint means the Government and Indian tribes. (1) When the period of time allowed administrative complaint served by the is less than 7 days, intermediate List of Subjects in 5 CFR Part 2419 reviewing official on the defendant Saturdays, Sundays, and legal holidays under § 2419.4(b). observed by the Federal Government procedure. (c) Defendant means any person shall be excluded from the computation. alleged in a complaint under § 2419.4(a) (2) Where a document has been to be liable for a civil penalty or preamble, the FLRA amends 5 CFR served or issued by placing it in the assessment under § 2419.1. chapter XIV by adding part 2419 to read mail, an additional 5 days will be added (d) Authority Head means the to the time permitted for any response. Chairman of the Federal Labor Relations (d) Stays ordered by the Department PART 2419--THE ADMINISTRATIVE Authority. of Justice. If, at any time, the Attorney FALSE CLAIMS ACT (e) Representative means a party's General or an Assistant Attorney attorney or other duly qualified General designated by the Attorney Sec. representative. 2419.1 Background General transmits to the authority head 2419.2 Definitions. a written finding that continuation of § 2419.3 Pre-Complaint Procedures. 2419.3 Pre-Complaint Procedures. the administrative process described in (a) Investigating Official. The 2419.4 Complaint and Prehearing this part with respect to a claim or investigating official may elect to Procedures. statement may adversely aflect any investigate matters potentially resulting 2419.5 Hearing Procedures. pending or potential criminal or civil in an Administrative False Claims Act 2419.6 Post-hearing Procedures. action related to such claim or action using the subpoena authority at Authority: 31 U.S.C. 3803(g), 3809; Sec. statement, the authority head shall stay 31 U.S.C. 3804, or any other authority 5203(j), Pub. L. 118-159, 138 Stat. 2440. the process immediately. The authority granted to the investigating official, head may order the process resumed such as the authority of the Inspector § 2419.1 Background. only upon receipt of the written (a) Legal authority. This subpart General Act at 5 United States Code, authorization of the Attorney General, implements the Administrative False Chapter 4. the Assistant Attorney General who Claims Act, codified at 31 U.S.C. 3801 (1) If the investigating official ordered the stay, or other appropriate through 3812. Section 3809 of that Act concludes that an action under the Department of Justice Official. Administrative False Claims Act may be requires each authority head to

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(2) In the case of allegations of warranted, the investigating official shall serve the defendant with a copy of liability under 31 U.S.C. 3802(a)(1) with shall submit a report containing the these regulations or identify a free respect to a claim, the reviewing official findings and conclusions of such online resource where the defendant determines that, with respect to such investigation to the reviewing official. can access these regulations. claim or a group of related claims (2) Nothing in this section shall (b) Service of the complaint. The submitted at the same time such claim preclude or limit the investigating Federal Labor Relations Authority must is submitted, the amount of money, or official's discretion to refer allegations mail or deliver the complaint to the the value of property or services, directly to the Department of Justice for person alleged to be liable in accordance demanded or requested in violation of suit under the False Claims Act (31 with 31 U.S.C. 3803(d)(1) within the section 3802(a)(1) does not exceed U.S.C. 3729-3733) or other civil relief, time limitations identified at 31 U.S.C. $1,000,000. or to defer or postpone a report or 3808(a). (3) For the purposes of this section, a referral to the reviewing official to avoid (c) Answer. The defendant may file an related group of claims submitted at the interference with a criminal answer to the complaint within 30 days same time shall include only those investigation or prosecution. of service of the complaint by mail or claims arising from the same transaction (3) Nothing in this section modifies facsimile to the reviewing official (e.g., grant, loan, application, or any responsibility of the investigating (current mailing address and facsimile contract) that are submitted official to report violations of criminal numbers posted at https://www.flra.gov/ simultaneously as part of a single law to the Attorney General. components-offices/offices/office- request, demand, or submission. (b) Reviewing Official. The procedures solicitor). (4) Nothing in this section shall be for the reviewing official are as follows: (1) In the answer, the defendant: construed to limit the reviewing (1) Determination. If, based on the (i) Shall admit or deny each of the official's authority to join in a single report of the investigating official under allegations of liability made in the complaint against a person, claims that § 2419.3(a)(2), the reviewing official complaint; are unrelated or were not submitted determines that there is adequate (ii) Shall state any defense on which simultaneously, regardless of the evidence to believe that a person is the defendant intends to rely; amount of money, or the value of liable under the Administrative False (iii) May state any reasons why the property or services, demanded or Claims Act, and there is a reasonable defendant contends that the penalties requested. prospect of collecting an appropriate and assessments should be less than the (d) Written notifications. The amount of penalties and assessments, statutory maximum; and reviewing official shall make all the reviewing official shall transmit to (iv) Shall state the name, postal appropriate written notifications the Attorney General a written notice of address, electronic mail address, and required by section 3803(j)(2) of title 31 the reviewing official's intention to have telephone number of the person of the United States Code. a complaint issued under § 2419.4(a). authorized by the defendant to act as (2) Written notice. A written notice of defendant's representative, if any. § 2419.4 Complaint and Pre-Hearing the reviewing official's intention to have (2) Hearing. The defendant may Procedures. a complaint issued under § 2419.4(a) request a hearing with the presiding (a) Complaint. The reviewing official shall include: officer within 30 days of service of the will identify the allegations of liability (i) A statement of the reviewing complaint. Upon receipt of an answer, in a complaint. The complaint must official's reasons for issuing a the reviewing official shall file the identify the following: complaint; complaint and answer with the (1) The allegations of liability against (ii) A statement specifying the presiding officer. the defendant, including the statutory evidence that supports the allegations of (3) General answer. If the defendant is basis for liability, an identification of liability; unable to file an answer meeting the the claims or statements that are the (iii) A description of the claims or requirements of paragraph (c)(1) of this basis for the alleged liability, and the statements upon which the allegations section within the time provided, the reasons why liability allegedly arises of liability are based; defendant may, before the expiration of from such claims or statements; (iv) An estimate of the amount of 30 days from service of the complaint, (2) The maximum amount of penalties money, or the value of property, file with the reviewing official a general and assessments for which the services, or other benefits, requested or answer denying liability and requesting defendant may be held liable; demanded in violation of the a hearing, and a request for an extension (3) Instructions for filing an answer, Administrative False Claims Act; of time within which to file an answer including a specific statement of the (v) A statement of any exculpatory or meeting the requirements of paragraph defendant's right to request a hearing mitigating circumstances that may relate (c)(1) of this section. The reviewing and to be represented by a to the claims or statements known by official shall file promptly with the representative; the reviewing official or the presiding officer the complaint, the (4) Identification and contact investigating official; and general answer denying liability, and information for the governmental (vi) A statement that there is a the request for an extension of time as employee representing the reviewing reasonable prospect of collecting an provided in paragraph (d) of this official in the matter if the reviewing appropriate amount of penalties and section. For good cause shown, the official is not handling the matter assessments. presiding officer may grant the personally; and (c) Request for authorization from the defendant up to 30 additional days (5) The fact that failure to file an Department of Justice. The reviewing within which to file an answer meeting answer within 30 days of service of the official may issue a complaint under the requirements of paragraph (c)(1) of complaint will result in the imposition § 2419.4(a) only if: this section. The presiding officer shall of the maximum amount of penalties (1) The Department of Justice decide expeditiously whether the and assessments without right to appeal, approves the issuance of a complaint in defendant shall be granted the as provided in § 2419.4(d). a written statement described in 31 additional period of time to file such (6) At the same time the reviewing U.S.C. 3803(b)(1), and answer. official serves the complaint, he or she

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production of information as set forth in failure to file a timely answer based (d) Default upon failure to file an 31 U.S.C. 3804(b)(2); answer. If the defendant does not file an solely on the record before the presiding (vi) Rule on motions and other answer within the time prescribed in officer. (10) If the authority head decides that procedural matters; this section, the reviewing official must (vii) Regulate the requirements extraordinary circumstances excused refer the complaint to the presiding regarding motions including requiring the defendant's failure to file a timely officer within a reasonable time. (1) Upon the referral of the complaint, any oral motion to be reduced to writing answer, the authority head shall remand the presiding officer shall promptly and establishing the time within which the case to the presiding officer with serve on the defendant in the manner a response to any written motion will be instructions to grant the defendant an prescribed in paragraph (b) of this due if the motion will not be due within opportunity to answer. section, a notice that an initial decision (11) If the authority head decides that 15 days after the written motion is will be issued under this section. the defendant's failure to file a timely served; (2) The presiding officer shall assume (viii) Regulate the scope and timing of answer is not excused, the authority the facts alleged in the complaint to be discovery; head shall reinstate the initial decision true and, if such facts establish liability (ix) Regulate the course of the hearing of the presiding officer, which shall under 31 U.S.C. 3802, the presiding and the conduct of representatives and become final and binding upon the officer shall issue an initial decision parties to include imposing sanctions parties 30 days after the authority head imposing the maximum amount of such as drawing adverse inferences, issues such decision. penalties and assessments allowed striking pleadings, deeming items (e) Presiding officer disqualification under the statute. admitted, restricting use of evidence, and authorities. A presiding officer may (3) Except as otherwise provided in dismissing an action, or issuing an be removed from a case on the presiding this section, by failing to file a timely initial decision--that reasonably relate officer's own initiative or on motion by answer the defendant waives any right to the severity and nature of the failure the parties for disqualification of the to further review of the penalties and or misconduct; presiding officer. assessments imposed under paragraph (1) Motion and affidavit. The motion (x) Examine witnesses; (d)(2) of this section and the initial (xi) Receive, rule on, exclude, or limit shall be accompanied by an affidavit decision shall become final and binding evidence; alleging personal bias or other reason for (xii) Upon motion of a party, take upon the parties 30 days after it is disqualification. official notice of facts; (i) Such motion and affidavit shall be issued. (xiii) Upon motion of a party, decide (4) If, before such an initial decision filed promptly with the presiding officer cases, in whole or in part, by summary becomes final, the defendant files a upon the party's discovery of reasons judgment where there is no disputed motion with the presiding officer requiring disqualification, or such issue of material fact; seeking to reopen on the grounds that objections shall be deemed waived. (xiv) Conduct any conference, extraordinary circumstances prevented (ii) Such affidavit shall state specific argument, or hearing on motions in the defendant from filing an answer, the facts that support the party's belief that person or by telephone, initial decision shall be stayed pending personal bias or other reason for videoconference, or other virtual the presiding officer's decision on the disqualification exists and the time and method; and motion. circumstances of the party's discovery (xv) Exercise such other authority as (5) If, on such motion, the defendant of such facts. It shall be accompanied by is necessary to carry out the can demonstrate extraordinary a certificate of the representative of responsibilities of the presiding officer circumstances excusing the failure to record that it is made in good faith. under this part. file a timely answer, the presiding (iii) Upon the filing of such a motion (xvi) Irrespective of any implications officer shall withdraw the initial and affidavit, the presiding officer shall of the above, the presiding officer does decision in paragraph (d)(2) of this proceed no further in the case until the not have the authority to find Federal section, if such a decision has been presiding officer resolves the matter of statutes or regulations invalid. issued, and shall grant the defendant an disqualification in accordance with this (xvii) Additionally, the presiding opportunity to answer the complaint. section. officer shall not, except to the extent (6) A decision of the presiding officer (2) Authority of the presiding officer. required for the disposition of ex parte denying a defendant's motion under The presiding officer shall conduct a matters as authorized by law: paragraph (d)(4) of this section is not fair and impartial hearing, avoid delay, (A) Consult a person or party on a fact subject to reconsideration under maintain order, and assure that a record in issue, unless on notice and § 2419.6(d). of the proceeding is made. The opportunity for all parties to the hearing (7) The defendant may appeal to the presiding officer has the authority to: to participate; or authority head the decision denying a (i) Set and change the date, time, and (B) Be responsible to or subject to the motion to reopen by filing a notice of place of the hearing upon reasonable supervision or direction of the appeal with the authority head within notice to the parties; investigating official or the reviewing 15 days after the presiding officer denies (ii) Continue or recess the hearing in official. the motion. The timely filing of a notice whole or in part for a reasonable period (f) Prehearing. The prehearing of appeal shall stay the initial decision of time; procedures are as follows: (iii) Hold conferences to identify or until the authority head decides the (1) Entitlement to review and obtain simplify the issues, or to consider other issue. information. Defendants receiving (8) If the defendant files a timely matters that may aid in the expeditious notice of the hearing from the presiding notice of appeal with the authority disposition of the proceeding; officer under 31 U.S.C. 3803(d)(2)(B) are (iv) Administer oaths and head, the presiding officer shall forward entitled to information identified in 31 affirmations; the record of the proceeding to the (v) For the purpose of conducting a U.S.C. 3803(e), including a copy of all authority head. hearing, the presiding officer may issue relevant and material documents, (9) The authority head shall decide subpoenas requiring the attendance and transcripts, records, and other materials, expeditiously whether extraordinary testimony of witnesses as well as the which relate to the allegations and upon circumstances excuse the defendant's

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(iii) That the discovery may be had which the findings and conclusions of double damages and a significant civil only through a method of discovery penalty ordinarily should be imposed. the investigating official are based. Although not exhaustive, the following other than that requested; Defendants should request any such (iv) That certain matters not be the factors are among those that may information from the reviewing official's subject of inquiry, or that the scope of influence the presiding officer and the point of contact identified in the discovery be limited to certain matters; authority head in determining the complaint. The reviewing official will (v) That discovery be conducted with amount of penalties and assessments to provide all requested information no one present except persons impose with respect to the misconduct expeditiously. Information subject to designated by the presiding officer; (i.e., the false, fictitious, or fraudulent payment of a fee will be expeditiously (vi) That the contents of discovery or claims or statements) charged in the provided upon payment of any evidence be sealed; complaint: applicable reasonable duplication fee. (vii) That a sealed deposition be (1) The number of false, fictitious or (2) Discovery. Unless mutually agreed opened only by order of the presiding fraudulent claims or statements; to by the parties, discovery is available (2) The time period over which such officer; only as ordered by the presiding officer. claims or statements were made; (viii) That a trade secret or other (i) The presiding officer may order the (3) The degree of the defendant's confidential research, development, following types of discovery: culpability with respect to the commercial information, or facts (A) Requests for production of misconduct; pertaining to any criminal investigation, documents for inspection and copying; (4) The amount of money or the value proceeding, or other administrative (B) Requests for admissions of the of the property, services, or benefit investigation not be disclosed or be authenticity of any relevant document falsely claimed; disclosed only in a designated way; or or of the truth of any relevant fact; (5) The cost of the United States (ix) That the parties simultaneously (C) Written interrogatories; and Government's actual loss as a result of file specified documents. (D) Depositions. the misconduct, including foreseeable (4) Prehearing orders. The presiding (ii) A party seeking discovery must consequential damages and the costs of officer shall issue scheduling orders the file a motion with the presiding officer. investigation; presiding officer deems appropriate to Such a motion shall be accompanied by (6) The relationship of the amount ensure a fair and impartial hearing, a copy of the requested discovery, or in imposed as civil penalties to the amount avoid delay, maintain order, and assure the case of depositions, a summary of of the United States Government's loss; that a record of the proceeding is made. the scope of the proposed deposition. (7) The potential or actual impact of At a minimum, the presiding officer Within 10 days of service, a party may the misconduct upon public confidence must issue an order that: file an opposition to the motion and/or in the management of United States (i) Sets the hearing in a location a motion for protective order as Government programs and operations; permissible under 31 U.S.C. 3803(g)(4); provided in § 2419.4(f)(3). The presiding (8) Whether the defendant has (ii) Provides the written notice engaged in a pattern of the same or officer may grant a motion for discovery required by 31 U.S.C. 3803(g)(2)(A); similar misconduct; only if he or she finds that the discovery (iii) Governs the exchange of witness (9) Whether the defendant attempted sought: lists, statements, and exhibits; to conceal the misconduct; (A) Is necessary for the expeditious, (iv) Ensures the defendant has an (10) The degree to which the fair, and reasonable consideration of the opportunity to present their case, to defendant has involved others in the issues; submit rebuttal evidence, and to misconduct or in concealing it; (B) Is not unduly costly or conduct such cross-examination as may (11) Where the misconduct of burdensome; be required for a full and true disclosure employees or agents is imputed to the (C) Will not unduly delay the of the facts; and defendant, the extent to which the proceeding; and (v) Includes in any written notice of defendant's practices fostered or (D) Does not seek privileged a hearing to a defendant a description of attempted to preclude such misconduct; information. the procedures for the conduct of the (12) Whether the defendant (iii) The burden of showing that hearing. cooperated in or obstructed an discovery should be allowed is on the investigation of the misconduct; party seeking discovery. § 2419.5 Hearing. (13) Whether the defendant assisted (iv) The presiding officer shall (a) Determinations. The presiding in identifying and prosecuting other regulate the timing of discovery. officer will conduct the hearing wrongdoers; (3) Protective orders. A party or a consistent with that officer's authority (14) The complexity of the program or prospective witness or deponent may to make the determinations identified in transaction, and the degree of the file a motion for a protective order with 31 U.S.C. 3803(f) by a preponderance of defendant's sophistication with respect respect to discovery sought by an the evidence. to it, including the extent of the opposing party or with respect to the (b) Determining the amount of defendant's prior participation in the hearing, seeking to limit the availability penalties and assessments. In program or in similar transactions; or disclosure of evidence. The presiding determining an appropriate amount of (15) Whether the defendant has been officer may issue any order which civil penalties and assessments, the found, in any criminal, civil, or justice requires to protect a party or presiding officer and the authority head, administrative proceeding to have person from annoyance, embarrassment, upon appeal, should evaluate any engaged in similar misconduct or to oppression, or undue burden or circumstances that mitigate or aggravate have dealt dishonestly with the United expense, including one or more of the the violation and should articulate in States Government or of a state, directly following: their opinions the reasons that support or indirectly; (i) That the discovery not be had; the penalties and assessments they (16) The need to deter the defendant (ii) That the discovery may be had impose. Because of the intangible costs and others from engaging in the same or only on specified terms and conditions, of fraud, the expense of investigating similar misconduct; and including a designation of the time or such conduct, and the need to deter (17) The potential impact of the place; misconduct on the rights of others. others who might be similarly tempted,

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the Federal Register. Comments (c) Other factors. Nothing in this (2) The reviewing official's received on this direct final rule will section shall be construed to limit the representative or other designated also be considered to be comments on presiding officer or the authority head agency official may file a brief in a companion proposed rule published opposition to the notice of appeal from considering any other factors that in the Proposed Rules section of this in any given case may mitigate or within 30 days of receiving the notice of issue of the Federal Register. aggravate the offense for which appeal and accompanying brief. (3) The authority head's review will penalties and assessments are imposed. : Please refer to Docket ID ADDRESSES(d) The Record. The hearing shall be occur within the limitations noted in 31 NRC-2024-0218 when contacting the recorded and transcribed. U.S.C. 3803(i)(2)(B) and (C). There is no NRC about the availability of (1) Transcripts shall be available right to appear personally before the information for this action. You may following the hearing at a cost not to authority head. obtain publicly available information exceed the actual cost of duplication (e) Judicial review. Section 3805 of related to this action by any of the and any court reporter's reasonable fee. title 31, United States Code, authorizes (2) The transcript of testimony, judicial review by an appropriate exhibits and other evidence admitted at United States District Court of a final the hearing, and all documents filed in for Docket ID NRC-2024-0218. Address decision of the authority head imposing the proceeding constitute the record for questions about NRC dockets to Helen penalties and/or assessments under this the decision by the presiding officer and Chang; telephone: 301-415-3228; email: part and specifies the procedures for the authority head. Helen.Chang@nrc.gov. For technical such review. (3) The record may be inspected and questions, contact the individuals listed (f) Collection. Sections 3806 and copied by anyone upon payment of a in the 3808(b) of title 31, United States Code, reasonable fee, unless otherwise ordered authorize actions for collection of civil CONTACTby the presiding officer. penalties and assessments imposed under this part and specify the § 2419.6 Post-Hearing Procedures. procedures for such actions. (a) Post-hearing motions. The presiding officer may decide any post- Thomas Tso, hearing motions. Solicitor, Federal Labor Relations Authority. (b) Post-hearing briefs. Any party may [FR Doc. 2026-07877 Filed 4-22-26; 8:45 am] file a post-hearing brief. The presiding ''ADAMS Search.'' For problems with BILLING CODE 7627-01-P officer shall fix the time for filing such ADAMS, please contact the NRC's briefs, not to exceed 60 days from the Public Document Room (PDR) reference date the parties receive the transcript of NUCLEAR REGULATORY staff at 1-800-397-4209, at 301-415- the hearing or, if applicable, the 4737, or by email to PDR.Resource@stipulated record. Such briefs may be nrc.gov. The ADAMS accession number accompanied by proposed findings of 10 CFR Parts 50 and 54 for each document referenced (if it is fact and conclusions of law. The available in ADAMS) is provided the [NRC-2024-0218] presiding officer may permit the parties first time that it is mentioned in this to file reply briefs. RIN 3150-AL32 document. (c) Decision. Except for good cause, Exceptions From Foreign Ownership, the presiding officer shall issue a Control, or Domination written decision required by 31 U.S.C. 3803(h) within 90 days after the time for : Nuclear Regulatory AGENCYsubmission of post-hearing briefs and reply briefs, if permitted, has expired. : Direct final rule. (d) Appeal to the authority head. ACTIONParties may not appeal interlocutory : The U.S. Nuclear Regulatory SUMMARYrulings by the presiding officer to the Commission (NRC) is amending its authority head. regulations on foreign ownership, (1) Except in case of default, if the control, or domination (FOCD) of : defendant is determined in the decision utilization facilities to comply with Irene Wu, Office of Nuclear Material to be liable for a civil penalty or section 301 of the Accelerating Safety and Safeguards, telephone: 301- assessment, the defendant may appeal 415-1951, email: Irene.Wu@nrc.gov and such decision to the authority head by Nuclear for Clean Energy Act of 2024. Shawn Harwell, Office of Nuclear filing a notice of appeal with the The statute has designated certain Material Safety and Safeguards, authority head in accordance with this exceptions from the FOCD provision set telephone: 301-415-1309, email: section. A notice of appeal shall be forth in the Atomic Energy Act of 1954, Shawn.Harwell@nrc.gov. Both are staff accompanied by a written brief as amended. This direct final rule of the U.S. Nuclear Regulatory specifying exceptions to the decision affects applicants and licensees of Commission, Washington, DC 20555- and reasons supporting the exceptions. utilization facilities that are owned, 0001. (i) A notice of appeal may be filed at controlled, or dominated by a foreign : This any time within 30 days after the entity. rulemaking is separate from NRC's presiding officer issues the decision. : The final rule is effective July 7, (ii) The authority head may extend comprehensive review and reform of its DATESthe initial 30-day period for an 2026, unless significant adverse regulations in accordance with additional 30 days if the defendant files Executive Order (E.O.) 14300, ''Ordering comments are received by May 26, 2026. with the authority head a request for an If the direct final rule is withdrawn as the Reform of the Nuclear Regulatory extension within the initial 30-day a result of such comments, timely notice Commission'' (90 FR 22587; May 29, period and shows good cause. of the withdrawal will be published in 2025). The rulemakings associated with

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(a) The comment causes the NRC to that effort will comprehensively reevaluate (or reconsider) its position or reexamine NRC requirements. While conduct additional analysis; there could be additional revisions as a B. Submitting Comments (b) The comment raises an issue result of these future rulemakings, the serious enough to warrant a substantive Comments must be submitted NRC is moving forward with response to clarify or complete the electronically using https://publication of this direct final rule at record; or www.regulations.gov no later than this time because it is a deregulatory (c) The comment raises a relevant midnight Eastern Time on May 26, action of high interest for stakeholders issue that was not previously addressed 2026. Please include Docket ID NRC- that was mandated by statute and in or considered by the NRC. 2024-0218 in your comment progress before the issuance of E.O. (2) The comment proposes a change 14300. or an addition to the rule, and it is The NRC cautions you not to include apparent that the rule would be identifying or contact information that ineffective or unacceptable without you do not want to be publicly I. Obtaining Information and Submitting incorporation of the change or addition. Comments disclosed in your comment submission. (3) The comment causes the NRC to A. Obtaining Information The NRC will post all comment make a change (other than editorial) to B. Submitting Comments submissions at https://the rule. www.regulations.gov as well as enter the For detailed instructions on filing comment submissions into ADAMS. IV. Discussion comments, please see the ADDRESSESThe NRC does not routinely edit V. Regulatory Flexibility Certification comment submissions to remove VI. Regulatory Analysis identifying or contact information. VII. Backfitting and Issue Finality If you are requesting or aggregating VIII. Plain Writing In July 2024, the Accelerating IX. Environmental Assessment and Final comments from other persons for Finding of No Significant Environmental submission to the NRC, then you should Nuclear for Clean Energy Act of 2024 Impact inform those persons not to include (ADVANCE Act) was signed into law. It X. Paperwork Reduction Act identifying or contact information that requires the NRC to take a number of XI. Executive Orders they do not want to be publicly actions, particularly regarding licensing XII. Congressional Review Act disclosed in their comment submission. new reactors and fuels, while XIII. Availability of Documents Your request should state that the NRC maintaining the NRC's core safety and I. Obtaining Information and does not routinely edit comment security mission. Submitting Comments submissions to remove such information Section 301 of the ADVANCE Act before making the comment A. Obtaining Information designated certain exceptions from the submissions available to the public or foreign ownership, control, or Please refer to Docket ID NRC-2024- entering the comment into ADAMS. domination (FOCD) provision set forth 0218 when contacting the NRC about in the Atomic Energy Act of 1954, as the availability of information for this amended (AEA). Sections 103 and 104 action. You may obtain publicly Because the NRC considers this action of the AEA prohibit the issuance of a available information related to this to be non-controversial, the NRC is license for utilization or production action by any of the following methods: using the ''direct final rule procedure'' facilities (e.g., a commercial nuclear for this rule. This amendment is power reactor) to an applicant that the effective on July 7, 2026. However, if the Commission knows or has reason to for Docket ID NRC-2024-0218. NRC receives significant adverse believe is owned, controlled, or comments on this direct final rule by dominated by a foreign entity. May 26, 2026, then the NRC will Specifically, section 301 of the publish a document that withdraws this ADVANCE Act states that if the action and will address the comments Commission determines that the received in a subsequent final rule as a response to the companion proposed rule published in the Proposed Rules section of this issue of the Federal ''Begin ADAMS Public Search.'' For and safety, then the FOCD restriction for Register. Absent significant problems with ADAMS, please contact utilization facility licenses shall not the NRC's Public Document Room (PDR) modifications to the revisions requiring apply to an entity that is owned, reference staff at 1-800-397-4209, 301- republication, the NRC will not initiate controlled, or dominated by (1) the 415-4737, or by email to a second comment period on this action. government of a country that is a PDR.Resource@nrc.gov. For the A significant adverse comment is a member of the Organisation for convenience of the reader, instructions comment where the commenter Economic Co-operation and about obtaining materials referenced in explains why the rule would be Development (OECD), or the Republic of this document are provided in the inappropriate, including challenges to India on the date of the issuance of the ''Availability of Documents'' section. the rule's underlying premise or ADVANCE Act, (2) a corporation that is approach, or would be ineffective or unacceptable without a change. A comment is adverse and significant if: (1) The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-and- The additional exclusions in section comment process. For example, a 301(b)(2) are based on whether any substantive response is required when: government bodies or persons of the

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countries that section 301 of the forth in the Regulatory Flexibility Act or excepted countries were subject to ADVANCE Act excepts from the AEA the size standards established by the certain sanctions under section 231 of provision prohibiting the issuance of a NRC (10 CFR 2.810). the Countering America's Adversaries license for a utilization facility to an Through Sanctions Act (CAATSA) of VI. Regulatory Analysis applicant that is foreign owned, 2017 (22 U.S.C. 9525) or included on This direct final rule implements controlled, or dominated. The list is the List of Specially Designated regulations to comply with section 301 comprised of the 36 members of the Nationals and Blocked Persons of the ADVANCE Act by revising OECD and the Republic of India without maintained by the Office of Foreign regulations in 10 CFR 50.38 and 10 CFR Assets Control of the Department of qualifying entities subject to the listed 54.17(b). This regulatory action codifies Treasury pursuant to section 231 of the sanctions on July 9, 2024. At least one the new exclusions from the Atomic CAATSA of 2017 (22 U.S.C. 9525) on qualifying entity from the Republic of Energy Act provision prohibiting the the ADVANCE Act's date of enactment Turkey is subject to sanctions under issuance of a license for a utilization of July 9, 2024. The NRC has reviewed Section 231 of CAATSA on July 9, 2024, facility to an applicant that is foreign those lists and determined that Turkey and therefore Turkey is excluded from owned, controlled, or dominated. This the list of countries qualifying for the falls within the exclusion in section rulemaking does not change the FOCD exception. This exception would 301(b)(2) because, as of that date, the applicant's process in preparing a new apply to corporations that are Republic of Turkey's Presidency of license application or a renewal incorporated in these countries or Defense Industries was subject to application for a license for a utilization citizens or nationals residing within sanctions under section 231 of facility; nor does it change NRC's these countries. The NRC is also CAATSA. The NRC's implementing process for reviewing those revising § 50.38 to include a provision regulation for the FOCD restrictions is applications. These amendments will that the exception only applies if the section 50.38 of title 10 of the Code of neither impose new safety requirements Commission determines that issuance of Federal Regulations (10 CFR), nor relax existing ones. the applicable license to that entity is ''Ineligibility of certain applicants.'' The This rule incorporates the FOCD not inimical to the common defense and NRC will continue to review sanctions requirements established by section 301 lists as part of the agency's inimicality security or public health and safety. of the ADVANCE Act and applies a pre- determination, which determines Reviews of sanctions lists will continue statutory baseline. The rule mainly whether a proposed ownership structure to be a part of the NRC's inimicality provides qualitative benefits by aligning would be inimical to the common determination, which remains a NRC regulations with section 301 of the defense and security of the United precondition for the new FOCD ADVANCE Act and improving clarity States. That determination remains a exception. for applicants and the public regarding • Revise the corresponding regulation precondition for the new FOCD how the statutory FOCD exceptions are in § 54.17, ''Filing of application,'' for exception. applied. The potential benefits of this the renewal of operating licenses for IV. Discussion rule are increased accessibility to nuclear power plants. foreign investment in the U.S. The NRC determined that rulemaking The NRC is revising § 54.17(b) to commercial nuclear power sector, was necessary because the ADVANCE point to the exclusions in § 50.38. The improved predictability for applicants Act's exceptions to the AEA's FOCD NRC has previously developed two draft and potential investors, and greater restrictions are not reflected in the guidance documents, ''Draft Standard clarity in the FOCD review process. applicable NRC regulations and could Review Plan on Foreign Ownership, Increased foreign investment in the U.S. not be achieved through issuing Control, or Domination, Revision 1'' and nuclear sector will yield opportunities guidance, as guidance documents are ''Regulatory Guide X.XX: Foreign to bolster U.S. economic and energy not legally binding and cannot be used Ownership, Control, or Domination of security through the expansion of the Nuclear Power, and Non-Power to amend regulations. This rulemaking U.S. commercial nuclear reactor fleet Production or Utilization Facility, is narrowly tailored to address the with existing and emerging advanced Draft,'' that describe the methodology requirements specifically set forth in reactor technologies, while ensuring the used by applicants, licensees, and the section 301 of the ADVANCE Act. The national security with the inimicality NRC staff to determine whether an NRC determined that a direct final rule review process. applicant for or licensee of a nuclear is appropriate because the amendments The NRC expects the costs of this rule facility licensed under sections 103 or strictly implement statutory language, to be minimal. The NRC will update its 104 of the AEA is owned, controlled, or are non-controversial, and unlikely to documents that reference FOCD, and, as dominated by an alien, a foreign involve public comment resulting in a precondition for the new FOCD corporation, or a foreign government. significant change to the NRC's action. exception, the reviewed applicable This direct final rule amends 10 CFR The NRC will update these draft sanctions lists. The updates to draft part 50, ''Domestic Licensing of guidance documents consistent with guidance documents, though minimal, Production and Utilization Facilities,'' this rule. will incorporate the new policy and 10 CFR part 54, ''Requirements for V. Regulatory Flexibility Certification position, rule language, and the Renewal of Operating Licenses for Under the Regulatory Flexibility Act inclusion of the sanctions list review for Nuclear Power Plants,'' to implement excepted countries. Otherwise, the (5 U.S.C. 605(b)), the NRC certifies that the following changes consistent with review process and resulting negation this rule does not have a significant section 301 of the ADVANCE Act: • Preserve the existing § 50.38, action criteria remain unchanged for non-excepted foreign entities. On the number of small entities. This direct ''Ineligibility of Certain Applicants,'' as industry side, applicants seeking to rely final rule affects applicants and applicable to production facilities and licensees of utilization facilities that are on these statutory exceptions will add language to address the changes to owned, controlled, or dominated by a continue to provide the information the FOCD restrictions for utilization required under the NRC regulations for foreign entity. The companies that own facilities. eligibility. Implementation of the rule The NRC is revising § 50.38 to these plants do not fall within the scope of the definition of ''small entities'' set does not require additional information explicitly include the list of 37

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determined that this direct final rule is from an applicant. The rule codifies and safety, then the FOCD restriction statutory FOCD exceptions and does not a significant regulatory action. shall not apply to an entity that is reduce or modify the scope of the NRC's Accordingly, the NRC submitted this owned, controlled, or dominated by (1) inimicality review process which direct final rule to OIRA for review. The the government of a country that is a ensures that there are no national NRC is required to conduct an economic member of the OECD or the Republic of security concerns. Any additional analysis in accordance with section India, (2) a corporation that is information deemed necessary to 6(a)(3)(B) of E.O. 12866. More can be evaluate FOCD or inimicality would be found in Section VI, of this document, requested on a case-by-case basis during ''Regulatory Analysis.'' the application review process, B. Executive Order 14154: Unleashing consistent with current NRC policy. American Energy Because these benefits outweigh the The NRC has prepared this costs, the NRC expects this direct final The NRC has examined this direct environmental assessment to determine rule to provide a net qualitative benefit final rule and has determined that it is the environmental effects of the agency without affecting safety. consistent with the policies and action (i.e., a rulemaking to update NRC VII. Backfitting and Issue Finality regulations). The rule is primarily directives outlined in E.O. 14154. administrative or procedural in nature The NRC has determined that the C. Executive Order 14192: Unleashing and thus would not have any physical regulations in 10 CFR 50.109, environmental effect. The NRC has ''Backfitting,'' do not apply to this direct determined the rule will continue to final rule. This direct final rule modifies This action is a deregulatory action as provide reasonable assurance of the NRC regulations to implement the defined by E.O. 14192. Details on the adequate protection of public health and requirements of section 301 of the estimated cost savings of this direct safety and will result in no new or ADVANCE Act. Therefore, changes to final rule can be found in Section VI of different environmental effects. rules designating certain exceptions this document, ''Regulatory Analysis.'' Therefore, the NRC concludes that the from the FOCD provision set forth in the regulatory changes will not have a AEA do not constitute backfitting under D. Executive Order 14270: Zero-Based significant effect on the quality of the § 50.109(a)(1) or otherwise represent an Regulatory Budgeting To Unleash human environment. Based on this inconsistency with the issue finality American Energy conclusion, the NRC has determined provisions applicable to combined there is no need to prepare an E.O. 14270, ''Zero-Based Regulatory licenses in 10 CFR part 52. Accordingly, environmental impact statement. Budgeting to Unleash American the NRC has not prepared a backfit Accordingly, the NRC finds the agency Energy,'' requires the NRC to insert a analysis for this direct final rule. action will have no significant conditional sunset date into all new or VIII. Plain Writing environmental impact. This amended NRC regulations provided the environmental assessment and finding The Plain Writing Act of 2010 (Pub. regulations are (1) promulgated under of no significant impact can be tracked L. 111-274) requires Federal agencies to the AEA, the Energy Reorganization Act with identification number NEPA ID write documents in a clear, concise, and of 1974, as amended (ERA), or the EAXX-429-00-000-1744703877. well-organized manner. The NRC has Nuclear Waste Policy Act of 1982, as written this document to be consistent X. Paperwork Reduction Act amended (NWPA); (2) not statutorily with the Plain Writing Act as well as the required; and (3) not part of the NRC's This direct final rule does not contain Presidential Memorandum, ''Plain permitting regime. The NRC determined any new or amended collections of Language in Government Writing,'' that the regulatory changes in this rule information subject to the Paperwork published June 10, 1998 (63 FR 31885). are required for statutory compliance. Therefore, the NRC views this IX. Environmental Assessment and et seq.). Existing collections of Final Finding of No Significant rulemaking to be outside the scope of information were approved by the Environmental Impact Office of Management and Budget, E.O. 14270 and did not insert approval numbers 3150-0011 and 3150- conditional sunset dates for the The Commission has determined 0155. regulatory changes in this direct final under the National Environmental rule. Policy Act of 1969, as amended, and the Public Protection Notification Commission's regulations in Subpart A XII. Congressional Review Act The NRC may not conduct or sponsor, of 10 CFR part 51, that this rule, if and a person is not required to respond adopted, would not be a major Federal This direct final rule is a rule as to a collection of information unless the action significantly affecting the quality defined in the Congressional Review document requesting or requiring the of the human environment and, Act (5 U.S.C. 801-808). However, the collection displays a currently valid therefore, an environmental impact Office of Management and Budget has OMB control number. statement is not required. This direct not found it to be a major rule as XI. Executive Orders final rule amends NRC's regulations in defined in the Congressional Review 10 CFR parts 50 and 54. These The following are Executive orders Act. amendments are necessary to comply that are related to this rule: XIII. Availability of Documents with section 301 of the ADVANCE Act, which enacts certain exceptions to the The documents identified in the Planning and Review (as Amended by FOCD provision set forth in the AEA. following table are available to Executive Order 14215, Ensuring Specifically, section 301 states that if Accountability for All Agencies) interested persons through one or more the Commission determines that of the following methods, as indicated. The Office of Information and Regulatory Affairs (OIRA) has

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ADAMS acces-sion No./web link/ Document citation

''Draft Standard Review Plan on Foreign Ownership, Control, or Domination,'' Revision 1, April 2016 ...................................... ML16048A025

''Regulatory Guide X.XX: Foreign Ownership, Control, or Domination of Nuclear Power, and Non-Power Production or Utili- ML16137A520 zation Facility, Draft,'' May 2016.

Executive Order 12866, ''Regulatory Planning and Review,'' October 4, 1993 ............................................................................ 58 FR 51735

Executive Order 14154, ''Unleashing American Energy,'' January 29, 2025 ............................................................................... 90 FR 8353

Executive Order 14192, ''Unleashing Prosperity Through Deregulation,'' February 6, 2025 ....................................................... 90 FR 9065

Executive Order 14215, ''Ensuring Accountability for All Agencies,'' February 24, 2025 ............................................................. 90 FR 10447

Executive Order 14267, ''Reducing Anti-Competitive Regulatory Barriers,'' April 15, 2025 ......................................................... 90 FR 15629

Executive Order 14270, ''Zero-Based Regulatory Budgeting to Unleash American Energy,'' April 15, 2025 .............................. 90 FR 15643

Executive Order 14300, ''Ordering the Reform of the Nuclear Regulatory Commission,'' May 29, 2025 .................................... 90 FR 22587

Presidential Memorandum, ''Plain Language in Government Writing,'' June 10, 1998 ................................................................ 63 FR 31885

corporation, or a foreign government, The NRC may post materials related Authority: Atomic Energy Act of 1954, to this document, including public secs. 11, 101, 102, 103, 104, 105, 108, 122, shall be ineligible to apply for and 147, 149, 161, 181, 182, 183, 184, 185, 186, comments, on the Federal rulemaking obtain a license for a production facility. 187, 189, 223, 234 (42 U.S.C. 2014, 2131, website at https://www.regulations.gov 2132, 2133, 2134, 2135, 2138, 2152, 2167, PART--54 REQUIREMENTS FOR under Docket ID NRC-2024-0218. In 2169, 2201, 2231, 2232, 2233, 2234, 2235, RENEWAL OF OPERATING LICENSES addition, the Federal rulemaking 2236, 2237, 2239, 2273, 2282); Energy website allows members of the public to FOR NUCLEAR POWER PLANTS Reorganization Act of 1974, secs. 201, 202, receive alerts when changes or additions 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); occur in a docket folder. To subscribe: ■ 3. The authority citation for part 54 is Nuclear Waste Policy Act of 1982, sec. 306 (1) navigate to the docket folder (NRC- (42 U.S.C. 10226); National Environmental revised to read as follows: 2024-0218); (2) click the ''Subscribe'' Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. Authority: Atomic Energy Act of 1954, 3504 note; ADVANCE Act of 2024, sec. 301 button; and (3) enter an email address secs. 102, 103, 104, 161, 181, 182, 183, 186, (42 U.S.C. 2133 note). and click on the ''Subscribe'' button. 189, 223, 234 (42 U.S.C. 2132, 2133, 2134, ■ 2. Revise §50.38 to read as follows: 2136, 2137, 2201, 2231, 2232, 2233, 2236, 2239, 2273, 2282); Energy Reorganization Act § 50.38 Ineligibility of certain applicants. 10 CFR Part 50 of 1974, secs. 201, 202, 206 (42 U.S.C. 5841, (a) Any person who is a citizen, 5842, 5846); 44 U.S.C. 3504 note. Section national, or agent of a foreign country, procedure, Antitrust, Backfitting, 54.17 also issued under E.O. 12829, 58 FR or any corporation, or other entity Classified information, Criminal 3479, 3 CFR, 1993 Comp., p. 570; E.O. 13526, which the Commission knows or has penalties, Education, Emergency 75 FR 707, 3 CFR, 2009 Comp., p. 298; E.O. reason to believe is owned, controlled, planning, Fire prevention, Fire 12968, 60 FR 40245, 3 CFR, 1995 Comp., p. or dominated by an alien, a foreign protection, Intergovernmental relations, 391; ADVANCE Act of 2024, sec. 301 (42 corporation, or a foreign government Nuclear power plants and reactors, U.S.C. 2133 note). shall be ineligible to apply for and Penalties, Radiation protection, Reactor obtain a license for a utilization facility ■ 4. In §54.17, revise paragraph (b) to siting criteria, Reporting and unless-- recordkeeping requirements, (1) The Commission determines that Whistleblowing. issuance of the applicable license to the § 54.17 Filing of application. 10 CFR Part 54 * * * * * defense and security or the health and (b) Any person, except one excluded safety of the public; and by 10 CFR 50.38, may file an application procedure, Age-related degradation, (2) The entity is an alien, corporation, for a renewed license under this subpart Backfitting, Classified information, or other entity that is owned, controlled, with the Director, Office of Nuclear Criminal penalties, Environmental or dominated by the government of, a protection, Nuclear power plants and Reactor Regulation. corporation that is incorporated in, or reactors, Penalties, Radiation protection, an alien who is a citizen or national of * * * * * Australia, Austria, Belgium, Canada, Dated: April 6, 2026. Chile, Colombia, Costa Rica, Czechia, For the Nuclear Regulatory Commission. Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Michael King, preamble and under the authority of the India, Ireland, Israel, Italy, Japan, Korea, Atomic Energy Act of 1954, as amended; Executive Director for Operations. Latvia, Lithuania, Luxembourg, Mexico, the Energy Reorganization Act of 1974, [FR Doc. 2026-07917 Filed 4-22-26; 8:45 am] Netherlands, New Zealand, Norway, as amended; and 5 U.S.C. 552 and 553, Poland, Portugal, Slovak Republic, BILLING CODE 7590-01-P the NRC is adopting the following Slovenia, Spain, Sweden, Switzerland, amendments to 10 CFR parts 50 and 54: or the United Kingdom; (b) Any person who is a citizen, PART 50--DOMESTIC LICENSING OF national, or agent of a foreign country, PRODUCTION AND UTILIZATION or any corporation, or other entity FACILITIES which the Commission knows or has

• The authority citation for part 50 is reason to believe is owned, controlled, revised to read as follows: or dominated by an alien, a foreign

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1. The EPA's Response to Comments telephone number: (913) 551-7718; email address: brown.steven@epa.gov. AGENCY The public comment period on the : EPA's proposed rule opened January 8, Throughout this document ''we,'' ''us,'' 2026, the date of its publication in the and ''our'' refer to EPA. Federal Register and closed on February [EPA-R07-OAR-2025-3161; FRL-13099- 9, 2026 (91 FR 652). During this period, 02-R7] the EPA received no comments. Air Plan Approval; Missouri; I. What is being addressed in this document? Construction Permits Required II. Have the requirements for approval of a The EPA is taking final action to sip revision been met? III. The EPA's Response to Comments AGENCY amend the Missouri SIP by approving the State's revisions to Title 10, Division 10 of the Code of State Regulations ACTIONVI. Statutory and Executive Order Reviews (CSR), 10 CSR 10-6.060 ''Construction SUMMARYI. What is being addressed in this Permits Required.'' This final action Agency (EPA) is taking final action to document? approves these amendments as part of approve revisions to the Missouri State the SIP. The EPA has determined that The EPA is approving revisions to the Implementation Plan (SIP) received on these changes meet the requirements of Missouri SIP, 10-6.060 ''Construction March 19, 2025, that contain updates to the CAA and will not adversely impact Permits Required,'' submitted to the the construction permit requirement air quality or interfere with the State's EPA on March 19, 2025. The purpose of regulations for stationary and portable ability to maintain the National the state regulation is to define sources air sources in Missouri that help ensure Ambient Air Quality Standards, required to obtain permits to construct, ambient air quality standards are met. reasonable further progress, or other and to establish requirements to be met The revisions to this rule include CAA requirements. prior to construction or modification of updating the fees for facilities applying any sources, including procedures for for and receiving construction permits the permitting authority to issue general for air pollution sources; removing a In this document, the EPA is permits, fees, and public notice subsection from the state rule that was finalizing regulatory text that includes requirements. The March 19, 2025, never approved in the SIP; and making revisions to this rule include updates to administrative wording changes. The the fees for facilities applying for and EPA is correcting the state effective date 51.5, the EPA is finalizing the receiving construction permits for air in table C from the original proposal. incorporation by reference of the pollution sources; the removal of These revisions do not interfere with the Missouri rule 10 CSR 10-6.060 subsection (1)(B) from the state rule, discussed in section I. of this preamble which provided the ability for facilities and as set forth below in the to apply for and receive voluntary (NAAQS), reasonable further progress amendments to 40 CFR part 52. The permits but was never approved in the (RFP) or other Clean Air Act (CAA) purpose of the state regulation is to SIP; and various wording changes that requirements. The EPA's final approval define sources required to obtain are administrative in nature. The EPA is of this rule revision is being done in permits to construct and to establish correcting the state effective date in accordance with the requirements of the requirements to be met prior to table C from the original proposal. The construction or modification of any CAA. state effective date is February 28, 2025. sources, including procedures for the : This final rule is effective on DATESThe EPA finds that these revisions meet permitting authority to issue general the requirements of the CAA and do not permits, fees, and public notice ADDRESSESimpact the State's ability to attain or requirements. The EPA has made, and maintain the National Ambient Air will continue to make, these materials No. EPA-R07-OAR-2025-3161. All Quality Standards. The full text of the generally available through https://rule revisions can be found in the red- www.regulations.gov and at the EPA the https://www.regulations.gov line strikeout section of the state Region 7 Office (please contact the website. Although listed in the index, submittal included in this docket. some information is not publicly II. Have the requirements for approval available, i.e., Confidential Business of a SIP revision been met? Information (CBI) or other information Therefore, these materials have been The State's submission has met the approved by the EPA for inclusion in public notice requirements for SIP the SIP, have been incorporated by submissions in accordance with 40 CFR reference by the EPA into that plan, are 51.102. The submission also satisfied fully federally enforceable under the completeness criteria of 40 CFR part sections 110 and 113 of the CAA as of 51, appendix V. The State provided the effective date of the EPA's approval, available through https://public notice on this SIP revision from and will be incorporated by reference in www.regulations.gov or please contact July 15, 2024, to September 5, 2024, and the next update to the SIP compilation. 1 the person identified in the held a public hearing on August 29, VI. Statutory and Executive Order section for 2024. The State of Missouri received Reviews additional information. one supportive comment during the : public comment period on 10 CSR 10- 6.060. The revision meets the Steven Brown, Environmental required to approve a SIP submission substantive SIP requirements of the Protection Agency, Region 7 Office, Air that complies with the provisions of the Quality Planning Branch, 11201 Renner CAA, including section 110 and implementing regulations. Boulevard, Lenexa, Kansas 66219; 62 FR 27968, May 22, 1997. 1

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be challenged later in proceedings to CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). enforce its requirements (see section Thus, in reviewing SIP submissions, the 307(b)(2)). EPA's role is to approve State choices, the CAA. Accordingly, this action merely approves State law as meeting Federal requirements and does not Incorporation by reference, impose additional requirements beyond those imposed by State law. For that reason, this action: or in any other area where the EPA or an Indian Tribe has demonstrated that a Dated: April 10, 2026. James Macy, Regional Administrator, Region 7. 14192 (90 FR 9065, February 6, 2025) because SIP actions are exempt from review under Executive Order 12866; preamble, the EPA amends 40 CFR part This action is subject to the 52 as set forth below: Congressional Review Act (CRA), and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ''major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate Subpart AA--Missouri circuit by June 22, 2026. Filing a petition for reconsideration by the ■ 2. In §52.1320, the table in paragraph Administrator of this final rule does not (c) is amended by revising the entry affect the finality of this action for the ''10-6.060'' to read as follows: purposes of judicial review nor does it extend the time within which a petition 1999); § 52.1320 Identification of plan. for judicial review may be filed and * * * * * shall not postpone the effectiveness of (c) * * * because it approves a State program; such rule or action. This action may not EPA-AR PPROVEDISSOURIEGULATIONS State effective Missouri citation Title EPA approval date Explanation date Missouri Department of Natural Resources ***** Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri ******* 10-6.060 ............. Construction Permits Required 2/28/2025 4/23/2026, 91 FR [insert Federal MSection 9, pertaining to hazardous Register page where the docu- air pollutants, is not SIP ap-**

ment begins]. proved. *******

• *** * * *** [FR Doc. 2026-07884 Filed 4-22-26; 8:45 am]

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1. EPA's Response to Comments trans-1,1,1,4,4,4-hexafluorobut-2-ene Received (also known as and hereafter referred to AGENCY as HFO-1336mzz(E); Chemical The EPA's September 25, 2025 NPRM Abstracts Service [CAS] number: 66711- opened a thirty-day comment period, 86-2) as a compound excluded from the The which closed on October 27, 2025.[EPA-R03-OAR-2025-0225; FRL-12836- 3regulatory definition of VOC to align EPA received comments from one 02-R3] with the EPA's February 8, 2023 final commenter. All comments received Air Plan Approval; Virginia; Revision to have been placed in the docket for this rule updating the EPA's regulatory the Regulatory Definition of Volatile action. definition of VOC in 40 CFR 51.100(s) Organic Compound A summary of the relevant comments (88 FR 8226). The EPA's rulemaking and the EPA's response thereto are added HFO-1336mzz(E) to the list of AGENCY listed below. compounds excluded from the EPA's Comment 1: The commenter accused regulatory definition of VOC. the EPA of not adhering to the following ACTION statutory requirements: the Unfunded SUMMARY Mandates Reform Act (UMRA) and the Agency (EPA) is approving a state On September 25, 2025, the EPA Regulatory Flexibility Act/Small implementation plan (SIP) revision published a notice of proposed Business Regulatory Enforcement (Revision A23) submitted by the rulemaking (NPRM) proposing approval Fairness Act (RFA/SBREFA). Commonwealth of Virginia. This of Revision A23 into Virginia's SIP. Response 1: With regard to the 1revision amends the definition of UMRA, the EPA complied because this Revision A23 amends the definition of volatile organic compound (VOC) in the action does not contain any unfunded VOC in the VAC to align with the EPA's Virginia Administrative Code (VAC) to mandate nor significantly or uniquely regulatory definition of VOC in 40 CFR align with the EPA's regulatory 51.100(s) by adding HFO-1336mzz(E) to definition of VOC. The EPA is in UMRA. This rule will not result in the list of compounds excluded from the approving this revision to update the expenditures of $100M+, and therefore regulatory definition of VOC. The definition of VOC in the Virginia SIP. the Agency does not need to complete Virginia State Air Pollution Control : This final rule is effective on a statement under 2 U.S.C. 1532. The DATESBoard adopted the revision on regulatory analysis provisions of the September 13, 2023, the revision was RFA/SBREFA are only triggered by a ADDRESSESpublished in the Virginia Register of threshold determination by the Agency Regulations on February 26, 2024, and that this rule will have a significant Number EPA-R03-OAR-2025-0225. All the revision became effective on April 11, 2024. For additional background number of small entities. The Agency the www.regulations.gov website. information on this action, please refer has certified that this rule will not have Although listed in the index, some to the NPRM. information is not publicly available, substantial number of small entities, e.g., confidential business information II. Summary of SIP Revision and EPA therefore section 603 and 604 of the (CBI) or other information whose Analysis RFA do not apply to this rulemaking. 5 disclosure is restricted by statute. U.S.C. 605(b). In this action, the EPA is approving Comment 2: The record lacks a Clean Virginia's amendment to the definition Air Act section 110(l) noninterference of VOC in 9 VAC 5-10-20. Revision analysis tailored to Virginia's ozone A23 aligns with the EPA's regulatory areas and PM areas through secondary changes to the definition of VOC in 40 2.5 organic aerosol (SOA) formation. available through www.regulations.gov, CFR 51.100(s) and is therefore Response 2: The EPA disagrees with or please contact the person identified approvable for the Virginia SIP in the comment. The EPA's finding of in the accordance with CAA section 110. On negligible contribution means this section for additional CONTACTFebruary 8, 2023, the EPA made the action will not interfere with availability information. determination that HFO-1336mzz(E) is attainment. Additional information : of negligible reactivity and therefore has supporting the EPA's CAA section Sarah McCabe, Planning & low contributions to tropospheric ozone 110(l) analysis can be found in the Implementation Branch (3AD30), Air & as well as a low likelihood of risk to docket for the EPA's February 8, 2023 Radiation Division, U.S. Environmental The public health or the environment. rulemaking. See docket ID EPA-HQ- 2Protection Agency, Region III, 1600 John addition of HFO-1336mzz(E) to the list OAR-2021-0420. F. Kennedy Boulevard, Philadelphia, This action aligns the regulatory of compounds excluded from the Pennsylvania 19103. The telephone definition of VOC in the VAC to the regulatory definition of VOC is in number is (215) 814-5786. Ms. McCabe EPA's regulatory definition of VOC in accordance with CAA section 110(l). can also be reached via electronic mail 40 CFR 51.100(s) to exclude HFO- Other specific requirements of at mccabe.sarah@epa.gov. 1336mzz(E). On February 8, 2023 the Revision A23 and the rationale for the : On EPA finalized the determination that EPA's proposed action are explained in December 20, 2024, the Commonwealth this compound makes a negligible the NPRM and will not be restated here. of Virginia, through the Virginia contribution to tropospheric ozone A summary of the comments received, Department of Environmental Quality formation (88 FR 8226). As such, the as well as the EPA's response, are in (VADEQ), submitted a revision to its SIP exclusion of this compound in the VAC section III of this rulemaking. (Revision A23). Revision A23 updates is in accordance with CAA section the definition of VOC in the Virginia SIP 110(l). (9 VAC 5-10-20 (General Definitions)). 90 FR 46121 (September 25, 2025). 1Specifically, this amendment adds 88 FR 8226 (February 8, 2023). 90 FR 46121 (September 25, 2025). 2 3

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Federal law to maintain program Additionally, as stated in the EPA's Revision A23 adds HFO-1336mzz(E) to delegation, authorization or approval.'' 2023 exemption determination, the EPA the list of compounds excluded from the Virginia's Immunity law, Va. Code has recognized that there are existing regulatory definition of VOC in 9 VAC Sec. 10.1-1199, provides that ''[t]o the regulatory or non-regulatory programs 5-10-20. extent consistent with requirements that are specifically designed to address V. General Information Pertaining to imposed by Federal law,'' any person PMformation, and the EPA continues SIP Submittals From the 2.5making a voluntary disclosure of to recognize in general that the impacts Commonwealth of Virginia information to a state agency regarding of VOC exemptions on environmental a violation of an environmental statute, endpoints other than ozone formation In 1995, Virginia adopted legislation regulation, permit, or administrative can be adequately addressed by these that provides, subject to certain order is granted immunity from programs. The VOC exemption policy is conditions, for an environmental administrative or civil penalty. The intended to facilitate attainment of the assessment (audit) ''privilege'' for Attorney General's January 12, 1998 ozone NAAQS and VOC exemption voluntary compliance evaluations opinion states that the quoted language decisions will continue to be based performed by a regulated entity. The renders this statute inapplicable to primarily on consideration of a legislation further addresses the relative enforcement of any Federally authorized compound's contribution to ozone burden of proof for parties either programs, since ''no immunity could be formation. However, if the EPA asserting the privilege or seeking afforded from administrative, civil, or determines that a particular VOC disclosure of documents for which the criminal penalties because granting exemption is likely to result in a privilege is claimed. Virginia's such immunity would not be consistent significant increase in the use of a legislation also provides, subject to with Federal law, which is one of the compound and that the increased use certain conditions, for a penalty waiver criteria for immunity.'' would pose a significant risk to human for violations of environmental laws Therefore, the EPA has determined health or the environment that would when a regulated entity discovers such that Virginia's Privilege and Immunity not be addressed adequately by existing violations pursuant to a voluntary statutes will not preclude the programs or policies, then the EPA may compliance evaluation and voluntarily Commonwealth from enforcing its exercise its judgment accordingly in discloses such violations to the program consistent with the Federal deciding whether to grant an exemption. Commonwealth and takes prompt and requirements. In any event, because the Comment 3: The commenter asks the appropriate measures to remedy the EPA has also determined that a state EPA to identify the VAC provisions violations. Virginia's Voluntary audit privilege and immunity law can being incorporated by reference, Environmental Assessment Privilege affect only state enforcement and cannot including citation, title, and state Law, Va. Code Sec. 10.1-1198, provides have any impact on Federal effective date, and confirm reasonable a privilege that protects from disclosure enforcement authorities, the EPA may at availability consistent with 1 CFR 51.5. documents and information about the any time invoke its authority under the The commenter asks the EPA to include content of those documents that are the CAA, including, for example, sections the following in the docket: the Virginia product of a voluntary environmental 113, 167, 205, 211 or 213, to enforce the regulatory text as adopted by the state assessment. The Privilege Law does not requirements or prohibitions of the state with effective date(s), a side-by-side extend to documents or information plan, independently of any state comparison against the SIP-approved that: (1) are generated or developed enforcement effort. In addition, citizen version to show what is changing, and before the commencement of a enforcement under section 304 of the confirmation of public availability. voluntary environmental assessment; (2) CAA is likewise unaffected by this, or Response 3: The EPA acknowledges are prepared independently of the any, state audit privilege or immunity the requirements addressed by this assessment process; (3) demonstrate a law. comment and notes that the required clear, imminent and substantial danger documentation was previously provided VI. Incorporation by Reference to the public health or environment; or in the docket, and the EPA continues to (4) are required by law. In this rule, the EPA is finalizing make the materials available online. On January 12, 1998, the regulatory text that includes In accordance with the requirements Commonwealth of Virginia Office of the of 1 CFR 51.5, all the requested Attorney General provided a legal documentation was provided at the time opinion that states that the Privilege 51.5, the EPA is finalizing the of proposal. See docket ID EPA-R03- incorporation by reference of the law, Va. Code Sec. 10.1-1198, precludes OAR-2025-0225. Additionally, the EPA revisions to the definition of VOC in 9 granting a privilege to documents and is incorporating by reference the information ''required by law,'' VAC 5-10-20 as discussed in section II revisions to Virginia Administrative including documents and information of this preamble. The EPA has made, Code 9 VAC 5-10-20 as described in the and will continue to make, these ''required by Federal law to maintain NPRM and section II of this document. materials generally available through program delegation, authorization or The EPA has made, and will continue approval,'' since Virginia must ''enforce www.regulations.gov and at the EPA to make, these materials generally Region III Office (please contact the Federally authorized environmental available through www.regulations.gov programs in a manner that is no less and at the EPA Region III Office (please stringent than their Federal contact the person identified in the FORcounterparts. . . .'' The opinion concludes that ''[r]egarding § 10.1-1198, Therefore, these materials have been this preamble for more information). therefore, documents or other approved by the EPA for inclusion in IV. Final Action information needed for civil or criminal the SIP, have been incorporated by enforcement under one of these The EPA is approving Revision A23, reference by the EPA into that plan, are programs could not be privileged submitted on December 20, 2024 by fully federally enforceable under because such documents and VADEQ, as a revision to the Virginia sections 110 and 113 of the CAA as of information are essential to pursuing SIP, because the submission meets the the effective date of the final rulemaking enforcement in a manner required by requirements of CAA section 110. of the EPA's approval, and will be

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it extend the time within which a incorporated by reference in the next update to the SIP compilation. petition for judicial review may be filed, and shall not postpone the effectiveness VII. Statutory and Executive Order of such rule or action. This action may 1999); Reviews not be challenged later in proceedings to Under the Clean Air Act, the enforce its requirements. (See section Administrator is required to approve a 307(b)(2).) because it approves a State program; SIP submission that complies with the provisions of the Clean Air Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, pollution control, Incorporation by in reviewing SIP submissions, the EPA's reference, Intergovernmental relations, role is to approve State choices, requirements, Volatile organic the Clean Air Act. Accordingly, this compounds. action merely approves State law as be inconsistent with the Clean Air Act. meeting Federal requirements and does Amy Van Blarcom-Lackey, not impose additional requirements Regional Administrator, Region III. beyond those imposed by State law. For or in any other area where the EPA or that reason, this action: an Indian Tribe has demonstrated that a preamble, the EPA amends 40 CFR part 52 as follows:

• Is not an Executive Order 14192 (90 FR 9065, February 6, 2025) regulatory action because this action is not This action is subject to the significant under Executive Order Congressional Review Act, and the EPA 12866; will submit a rule report to each House of the Congress and to the Comptroller Subpart VV--Virginia General of the United States. This action is not a ''major rule'' as defined by 5 ■ 2. In § 52.2420, the table in paragraph U.S.C. 804(2). (c) is amended by adding the entry Under section 307(b)(1) of the Clean ''Section 5-10-20'' after the entry for Air Act, petitions for judicial review of ''Section 5-10-20'' (with the state this action must be filed in the United effective day of 5/19/17) to read as States Court of Appeals for the follows: appropriate circuit by June 22, 2026. Filing a petition for reconsideration by § 52.2420 Identification of plan. the Administrator of this final rule does * * * * * not affect the finality of this action for the purposes of judicial review nor does (c) * * * EPA--A R S PPROVED IRGINIA EGULATIONS AND TATUTES State Explanation State citation Title/subject effective EPA approval date [former SIP citation] date 9 VAC 5, Chapter 10 General Definitions [Part I] ***** 5-10-20 ............ Terms Defined .. 04/11/24 4/23/2026, 90 FR [INSERT FED- VDefinition of ''volatile organic compound'' is revised by ERAL REGISTER PAGE adding trans-1,1,1,4,4,4-hexafluorobut-2-ene (also**

WHERE THE DOCUMENT BE- known as HFO-1336mzz(E)) to the list of com- GINS]. pounds excluded from the regulatory definition of VOC. *******

• *** * * *** [FR Doc. 2026-07885 Filed 4-22-26; 8:45 am]

62 FR 27968 (May 22, 1997).

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: economic impact or by preparing an initial regulatory flexibility analysis. Patrick Lillis, Air and Radiation AGENCY Response: The RFA is inapplicable to Division (Mail Code 5-MI), U.S. 40 CFR Part 81 this rulemaking because the EPA has Environmental Protection Agency, certified that this rule will not have a Region 1 5 Post Office Square, Suite [EPA-R01-OAR-2024-0325; FRL-13014- 100, Boston, Massachusetts 02109-3912; 02-R1] telephone number: (617)-918-1067, or The regulatory analysis provisions of Finding of Failure To Attain and email address: lillis.patrick@epa.gov. the RFA are only triggered by a Reclassification of Tribal Portions of : threshold determination by the Agency the Greater Connecticut Ozone Throughout this document whenever that this rule will have a significant Nonattainment Area as Serious for the ''we,'' ''us,'' or ''our'' is used, we mean 2015 Ozone National Ambient Air EPA. number of small entities. Because the Quality Standards Agency has certified this rule will not AGENCY have a significant economic impact, section 603 and 604 of the RFA do not II. Response to Comments apply to this rulemaking. 5 U.S.C. ACTIONIII. Final Action 605(b). As noted in the NPRM, ''[t]he IV. Statutory and Executive Order Reviews SUMMARY determination of failure to attain the Agency (EPA) is finalizing its finding 2015 ozone standards (and resulting that the tribal portions of the Greater On November 20, 2025 (90 FR 52297), reclassifications), do not in and of Connecticut area (the Mashantucket EPA published a Notice of Proposed Pequot Tribal Nation and the Mohegan Rulemaking (NPRM) that proposed to beyond what is mandated by the CAA,'' Indian Tribe) did not attain the 2015 find that the tribal portions of the 90 FR 52297 at 52302 (November 20, ozone National Ambient Air Quality Greater Connecticut area did not attain 2025), which the comment does not Standards (NAAQS) by the attainment the standards by the attainment date. contest. Furthermore, the premise of the date and a reclassification of those Consequently, in that NPRM, we comment--that reclassification will portions of the area to Serious proposed to reclassify the Mashantucket impose costs on small entities--is Pequot Tribal Nation and the Mohegan flawed. As the EPA stated in the NPRM, NAAQS. Additionally, the EPA is taking Indian Tribe to Serious nonattainment ''Areas such as the Mashantucket final action on an exceptional events for the 2015 ozone NAAQS. The Pequot Tribal Nation and the Mohegan request submitted by CT DEEP on July statutory authority for these Indian Tribe that were already classified 1, 2024, and the EPA's July 22, 2024 determinations is provided by the CAA, as Serious for a previous ozone NAAQS concurrence and nonconcurrence with as amended (42 U.S.C. 7401 et seq.). The . . . are already subject to these lower CT DEEP's request. This final action NPRM also solicited public comment on thresholds and higher offset ratios, so a fulfills the EPA's statutory obligation to EPA's prior action on CT DEEP's July 1, reclassification to Serious for the 2015 determine whether the Mashantucket 2024 request to exclude event- ozone NAAQS would have no effect on Pequot Tribal Nation and the Mohegan influenced air quality monitoring data the NNSR permitting requirements for Indian Tribe's portions of the Greater from regulatory decisions. Please see the the tribal lands in those areas.'' 90 FR Connecticut area attained the NAAQS NPRM for more information regarding at 52302 & n.17. by the attainment date. This action is EPA's July 22, 2024 concurrence and Comment 2: EPA's reliance on the being taken in accordance with the Administrative Procedure Act's (APA) nonconcurrence with CT DEEP's Clean Air Act. ''good cause'' exceptions to bypass request. Relevant portions of the CAA : This rule is effective on May 26, DATES notice and comment and the 30-day include, but are not necessarily limited 2026. effective date is improper for to, sections 181 and 182. Other specific : EPA has established a discretionary elements of this action. requirements and EPA's rationale of this ADDRESSESdocket for this action under Docket Response: The EPA disagrees with the reclassification are explained in the Identification No. EPA-R01-OAR- commenter. This claim is based on NPRM and will not be restated here. 2024-0325. All documents in the docket commenter's mistaken assertion that the II. Response to Comments are listed on the https:// EPA issued a final rule with the www.regulations.gov website. Although EPA received one comment during November 20, 2025, action. The EPA the comment period, which is available published a notice of proposed not publicly available, i.e., CBI or other in the docket of this rulemaking action. rulemaking on November 20, 2025. The This commenter claimed that the EPA EPA included a 30-day public comment did not adhere to the following statutory period that closed on December 22, requirements based on the four 2025, which the commenter availed is not placed on the internet and will be arguments below. itself of. In this action we are finalizing publicly available only in hard copy Comment 1: The reclassification to the November 20, 2025, proposed form. Publicly available docket Serious for the 2015 ozone NAAQS action. Based on these facts, the materials are available at https://''lowers major NSR [New Source proposed rule was not a final action for Review] applicability thresholds for www.regulations.gov or at the U.S. the commenter to petition the EPA for Environmental Protection Agency, EPA VOC/NO. . . increases offset ratios a stay or delay of a yet-to-be-established XRegion 1 Regional Office, Air and . . . [and] tightens applicability for effective date. Finally, the EPA is not Radiation Division, 5 Post Office federal minor NSR,'' thereby imposing relying on APA 553(b) in this action. Square--Suite 100, Boston, MA. EPA Comment 3: The action has clear ''significant costs'' on small entities. requests that if at all possible, you EPA must comply with the Regulatory tribal implications in that ''it changes contact the contact listed in the Flexibility Act (RFA) either by permitting thresholds and offset ratios FOR that affect economic development, and section to providing a reasoned certification with it may trigger federal planning measures schedule your inspection. a factual basis showing no significant

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1. Statutory and Executive Order in the absence of a Tribal Reviews Implementation Plan.'' EPA must levels of government. The division of document meaningful consultation responsibility between the Federal under Executive Order (E.O.) 13175 and government and the states for purposes Planning and Review, and Executive reconcile its statements with E.O. 12866 of implementing the NAAQS is Order 14094: Modernizing Regulatory analysis. established under the CAA. Review Response: As noted in the proposal, G. Executive Order 13175: Consultation This action is not a ''significant the EPA complied with E.O. 13175 by and Coordination With Indian Tribal regulatory action'' under the terms of engaging in meaningful and timely Governments input with Tribal officials regarding this October 4, 1993) and is therefore not reclassification to Serious Executive Order 13175 (65 FR 67249, subject to review under Executive Order nonattainment. Relevant November 9, 2000), requires EPA to 14094 (88 FR 21879, April 11, 2023). communications are in the docket for develop an accountable process to B. Executive Order 14192: Unleashing this action. As also noted in the ensure ''meaningful and timely input by proposal, a Tribe that is part of an area Tribal officials in the development of that is reclassified from Moderate to regulatory policies that have Tribal Serious nonattainment is not required to Order 14192 (90 FR 9065, February 6, implications.'' This action has Tribal submit a Tribal Implementation Plan 2025) because determinations of implications. However, it will neither (TIP) revision to address new Serious attainment by the attainment date under impose substantial direct compliance area requirements. And, as explained in the CAA are exempt from review under costs on federally recognized tribal an earlier response above and in the governments, nor preempt tribal law. As proposal, the NNSR major source noted in the proposed rule, a Tribe that C. Paperwork Reduction Act (PRA) threshold and offset requirements will is part of an area that is reclassified from This rule does not impose an not change for stationary sources Moderate to Serious nonattainment is information collection burden under the seeking preconstruction permits in the not required to submit a TIP revision to provisions of the PRA of 1995 (44 U.S.C. tribal portions of this nonattainment address new Serious area requirements. 3501 et seq.). This action does not area, because they are already subject to However, the EPA is finalizing the contain any information collection these higher offset ratios and lower determinations of failure to attain in this activities and serves only to finalize thresholds. Nor does the reclassification action. Ordinarily, the NNSR major determinations that the tribal portions impose substantial direct compliance source threshold and offset of the Greater Connecticut costs on Indian tribal governments or requirements will change for stationary nonattainment area failed to attain the preempt tribal law. Accordingly, a tribal sources seeking preconstruction permits 2015 ozone standards by the August 3, summary impact statement under E.O. in any nonattainment areas newly 2024, attainment date where such areas 13175 is not required. Lastly, the classified as Serious, including on tribal will be reclassified as Serious Agency complied with E.O. 12866 by lands. Areas that are already classified determining that this rulemaking is not as Serious for a previous ozone NAAQS, standards. a significant regulatory action as defined however, are already subject to these in E.O. 12866. D. Regulatory Flexibility Act (RFA) higher offset ratios and lower Comment 4: The Unfunded Mandates This action is certified as not having thresholds, so a reclassification to Reform Act (UMRA) analysis is Serious for the 2015 ozone NAAQS incomplete as to private sector effects. would have no effect on the NNSR under the RFA (5 U.S.C. 601 et seq.). Response: The EPA has complied permitting requirements for the tribal This action will not impose any with the UMRA by making its own lands in those areas. requirements on small entities. The determination that this rule will not The EPA has communicated with the determination of failure to attain the result in expenditures of $100M+, and affected Tribes located within the 2015 ozone standards (and resulting therefore the Agency does not need to boundaries of the nonattainment area reclassifications), do not in and of complete a statement under 2 U.S.C. addressed in this final rule. 1532. beyond what is mandated by the CAA. H. Executive Order 13045: Protection of III. Final Action Children From Environmental Health E. Unfunded Mandates Reform Act For the reasons described in our and Safety Risks (UMRA) November 20, 2025, notice of proposed This action does not contain any EPA interprets Executive Order 13045 rulemaking, EPA is taking final action unfunded mandate as described in 1 (62 FR 19885, April 23, 1997) as to reclassify the Mashantucket Pequot UMRA, 2 U.S.C. 1531-1538 and does applying to those regulatory actions that Tribal Nation and the Mohegan Indian not significantly or uniquely affect small concern environmental health or safety Tribe portions of the Greater governments. The action imposes no risks that EPA has reason to believe may Connecticut nonattainment to Serious enforceable duty on any state, local or disproportionately affect children, per tribal governments or the private sector. the definition of ''covered regulatory NAAQS. Additionally, the EPA is taking F. Executive Order 13132: Federalism action'' in section 2-202 of the final action on an exceptional events Executive Order. This action is not request submitted by CT DEEP on July This action does not have federalism subject to Executive Order 13045 1, 2024, and the EPA's July 22, 2024 implications. It will not have substantial because it does not establish an concurrence and nonconcurrence with direct effects on the states, on the CT DEEP's request. environmental standard intended to relationship between the national mitigate health or safety risks. government and the states, or on the

90 FR 52297. 1

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and failure to attain the 2015 ozone I. Executive Order 13211: Actions That NAAQS do not in themselves create any Significantly Affect Energy Supply, new requirements beyond what is Distribution, or Use mandated by the CAA. Under section 307(b)(1) of the Clean Order 13211 (66 FR 28355, May 22, Mark Sanborn, Air Act, petitions for judicial review of 2001) because it is not a significant Regional Administrator, EPA Region 1. this action must be filed in the United regulatory action under Executive Order States Court of Appeals for the 12866. appropriate circuit by June 22, 2026. preamble, the Environmental Protection Filing a petition for reconsideration by J. National Technology Transfer and Agency amends part 81 of Chapter I, the Administrator of this final rule does Advancement Act (NTTAA) title 40 of the CFR to read as follows: not affect the finality of this action for This rulemaking does not involve the purposes of judicial review nor does PART 81--DESIGNATION FOR AREAS technical standards. Therefore, EPA is it extend the time within which a FOR AIR QUALITY PLANNING not considering the use of any voluntary petition for judicial review may be filed, PURPOSES consensus standards. and shall not postpone the effectiveness of such rule or action. This action may ■ 1. The authority citation for part 81 K. Congressional Review Act (CRA) not be challenged later in proceedings to This rule is exempt from the CRA enforce its requirements. (See section because it is a rule of particular 307(b)(2).) applicability. The rule makes factual ■ 2. In § 81.307 the table entitled List of Subjects in 40 CFR Part 81 determinations for identified entities ''Connecticut--2015 8-Hour Ozone (Mashantucket Pequot Indian Nation NAAQS'' is amended to read as follows: and Mohegan Indian Tribe), based on § 81.307 Connecticut. facts and circumstances specific to each entity. The determinations of attainment * * * * * --2015 8-H O NAAQS ONNECTICUT OUR ZONE [Primary and secondary] Designation Classification Designated area 1 Date Type Date Type 2 2

CGreater Connecticut, CT ................................................................. ........................ Nonattainment ....... 7/29/2024 Serious.

Hartford County. Litchfield County. New London County. Tolland County. Windham County.

Mashantucket Pequot .............................................................. ........................ ................................ 5/26/2026 Serious.

Tribal Nation ............................................................................ ........................ ................................ 5/26/2026

Mohegan Indian Tribe.

New York-N New Jersey-Long Island, NY-NJ-CT ......................... ........................ Nonattainment.

Fairfield County ....................................................................... ........................ ................................ ........................ Serious.

Middlesex County .................................................................... ........................ ................................ ........................ Serious.

New Haven County. Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian 1country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the des-ignation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country. This date is August 3, 2018, unless otherwise noted. 2

• *** * * *** [FR Doc. 2026-07889 Filed 4-22-26; 8:45 am]

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Follow the search instructions on

https://www.regulations.gov to view contains notices to the public of the proposedpublic comments. for Docket ID NRC-2024-0218. issuance of rules and regulations. TheYou can read a plain language purpose of these notices is to give interestedpersons an opportunity to participate in thedescription of this proposed rule at rule making prior to the adoption of the finalrules.NRC-2024-0218. For additional direction on obtaining information and submitting comments, see ''Obtaining NUCLEAR REGULATORY Information and Submitting Comments''

in the ''Begin ADAMS Search.'' For problems with ADAMS, please contact the NRC's 10 CFR Parts 50 and 54 Public Document Room (PDR) reference : [NRC-2024-0218] staff at 1-800-397-4209, 301-415-4737, Irene Wu, Office of Nuclear Material or by email to PDR.Resource@nrc.gov. Safety and Safeguards, telephone: 301- RIN 3150-AL32 For the convenience of the reader, 415-1951, email: Irene.Wu@nrc.gov and Exceptions From Foreign Ownership, instructions about obtaining materials Shawn Harwell, Office of Nuclear Control or Domination referenced in this document are Material Safety and Safeguards, provided in the ''Availability of telephone: 301-415-1309, email: : Nuclear Regulatory AGENCY Documents'' section. Shawn.Harwell@nrc.gov. Both are staff of the U.S. Nuclear Regulatory ACTIONCommission, Washington, DC 20555- comment. 0001.

: The U.S. Nuclear Regulatory : This SUMMARYCommission (NRC) is proposing to rulemaking is separate from NRC's amend its regulations on foreign comprehensive review and reform of its ownership, control, or domination regulations in accordance with (FOCD) of utilization facilities to Executive Order (E.O.) 14300, ''Ordering comply with section 301 of the the Reform of the Nuclear Regulatory Accelerating Deployment of Versatile, Commission'' (90 FR 22587; May 29, Advanced Nuclear for Clean Energy Act B. Submitting Comments 2025). The rulemakings associated with of 2024. The statute has designated that effort will comprehensively Comments must be submittedcertain exceptions from the FOCD reexamine NRC requirements. While electronically using https://provision set forth in the Atomic Energy there could be additional revisions as a www.regulations.gov no later than Act of 1954, as amended. The proposed result of these future rulemakings, the midnight Eastern Time on May 26, rule would affect applicants and NRC is moving forward with 2026. Please include Docket ID NRC- licensees of utilization facilities that are publication of this proposed rule at this 2024-0218 in your comment owned, controlled, or dominated by a time because it is a deregulatory action foreign entity. of high interest for stakeholders that was The NRC cautions you not to include : Comments must be submitted mandated by statute and in progress DATES identifying or contact information that electronically using https:// before the issuance of E.O. 14300. you do not want to be publicly www.regulations.gov no later than disclosed in your comment submission. midnight Eastern Time on May 26, The NRC will post all comment 2026. I. Obtaining Information and Submitting submissions at https:// Comments www.regulations.gov as well as enter the ADDRESSES A. Obtaining Informationidentified by Docket ID NRC-2024- comment submissions into ADAMS. B. Submitting Comments0218, at https://www.regulations.gov. If The NRC does not routinely edit your material cannot be submitted using comment submissions to remove https://www.regulations.gov, call or identifying or contact information. IV. Plain Writing If you are requesting or aggregating email the individuals listed in the V. Paperwork Reduction Act FOR comments from other persons for VI. Executive Orders VII. Availability of Documents submission to the NRC, then you should this document for alternate instructions. Do not include any personally inform those persons not to include I. Obtaining Information andidentifiable information (such as name, identifying or contact information that Submitting Commentsaddress, or other contact information) or they do not want to be publicly A. Obtaining Informationconfidential business information that disclosed in their comment submission. you do not want publicly disclosed. All Your request should state that the NRC Please refer to Docket ID NRC-2024- does not routinely edit comment comments are public records; they are 0218 when contacting the NRC about publicly displayed exactly as received, submissions to remove such information the availability of information for this and will not be deleted, modified, or before making the comment action. You may obtain publicly redacted. Comments may be submitted available information related to this submissions available to the public or anonymously. entering the comment into ADAMS. action by any of the following methods:

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precondition for the new FOCD Section 301 of the ADVANCE Act exception. designated certain exceptions from the Because the NRC considers this action foreign ownership, control, or to be non-controversial, the NRC is IV. Plain Writing domination (FOCD) provision set forth publishing this proposed rule The Plain Writing Act of 2010 (Pub. in the Atomic Energy Act of 1954, as concurrently with a direct final rule in L. 111-274) requires Federal agencies to amended (AEA). Sections 103 and 104 the Rules and Regulations section of this write documents in a clear, concise, and of the AEA prohibit the issuance of a issue of the Federal Register. The direct well-organized manner. The NRC has license for utilization or production final rule will become effective on July written this document to be consistent facilities (e.g., a commercial nuclear 7, 2026. However, if the NRC receives with the Plain Writing Act as well as the power reactor) to an applicant that the significant adverse comments by May Presidential Memorandum, ''Plain Commission knows or has reason to 26, 2026, then the NRC will publish a Language in Government Writing,'' believe is owned, controlled, or document that withdraws the direct published June 10, 1998 (63 FR 31885). dominated by a foreign entity. final rule. If the direct final rule is Specifically, section 301 of the V. Paperwork Reduction Act withdrawn, the NRC will address the ADVANCE Act states that if the comments in a subsequent final rule or This proposed rule does not contain Commission determines that the as otherwise appropriate. Absent any new or amended collections of significant modifications to the information subject to the Paperwork proposed revisions requiring republication, the NRC will not initiate et seq.). Existing collections of and safety, then the FOCD restriction for a second comment period on this action information were approved by the utilization facility licenses shall not in the event the direct final rule is Office of Management and Budget, apply to an entity that is owned, withdrawn. approval numbers 3150-0011 and 3150- controlled, or dominated by (1) the A significant adverse comment is a 0155. government of a country that is a comment where the commenter Public Protection Notification member of the Organisation for explains why the rule would be Economic Co-operation and inappropriate, including challenges to The NRC may not conduct or sponsor, Development (OECD) or the Republic of the rule's underlying premise or and a person is not required to respond approach, or would be ineffective or India on the date of issuance of the to a collection of information unless the unacceptable without a change. A ADVANCE Act, (2) a corporation that is document requesting or requiring the comment is adverse and significant if: collection displays a currently valid (1) The comment opposes the rule and OMB control number. provides a reason sufficient to require a VI. Executive Orders substantive response in a notice-and- comment process. For example, a The following are Executive orders substantive response is required when: that are related to this proposed rule: The additional exclusions in section (a) The comment causes the NRC to 301(b)(2) are based on whether any reevaluate (or reconsider) its position or government bodies or persons of the Planning and Review (as Amended by conduct additional analysis; excepted countries were subject to Executive Order 14215, Ensuring (b) The comment raises an issue certain sanctions under section 231 of Accountability for All Agencies) serious enough to warrant a substantive the Countering America's Adversaries response to clarify or complete the The Office of Information and Through Sanctions Act (CAATSA) of record; or Regulatory Affairs (OIRA) has 2017 (22 U.S.C. 9525) or included on (c) The comment raises a relevant determined that this proposed rule is a the List of Specially Designated issue that was not previously addressed significant regulatory action. Nationals and Blocked Persons or considered by the NRC. Accordingly, the NRC submitted this maintained by the Office of Foreign (2) The comment proposes a change proposed rule to OIRA for review. The Assets Control of the Department of or an addition to the rule, and it is NRC is required to conduct an economic Treasury pursuant to section 231 of the apparent that the rule would be analysis in accordance with section CAATSA of 2017 (22 U.S.C. 9525) on ineffective or unacceptable without 6(a)(3)(B) of E.O. 12866. However, NRC the ADVANCE Act's date of enactment incorporation of the change or addition. expects the costs of this rule to be of July 9, 2024. The NRC has reviewed (3) The comment causes the NRC to minimal. those lists and determined that Turkey make a change (other than editorial) to falls within the exclusion in section B. Executive Order 14154: Unleashing the rule. 301(b)(2) because, as of that date, the American Energy For procedural information and the Republic of Turkey's Presidency of regulatory analysis, see the direct final The NRC has examined this proposed Defense Industries was subject to rule published in the Rules and rule and has determined that it is sanctions under section 231 of Regulations section of this issue of the consistent with the policies and CAATSA. The NRC's implementing Federal Register. directives outlined in E.O. 14154. regulation for the FOCD restrictions is C. Executive Order 14192: Unleashing section 50.38 of title 10 of the Code of

Federal Regulations (10 CFR), In July 2024, the Accelerating ''Ineligibility of certain applicants.'' The This action is a deregulatory action as NRC will continue to review sanctions Nuclear for Clean Energy Act of 2024 defined by E.O. 14192. lists as part of the agency's inimicality (ADVANCE Act) was signed into law. It D. Executive Order 14270: Zero-Based determination, which determines requires the NRC to take a number of Regulatory Budgeting To Unleash whether a proposed ownership structure actions, particularly regarding licensing American Energy would be inimical to the common new reactors and fuels, while E.O. 14270, ''Zero-Based Regulatory defense and security of the United maintaining the NRC's core safety and Budgeting to Unleash American States. That determination remains a security mission.

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regulatory changes in this proposed Energy,'' requires the NRC to insert a required; and (3) not part of the NRC's conditional sunset date into all new or permitting regime. The NRC determined rule. amended NRC regulations provided the that the regulatory changes proposed in VII. Availability of Documents regulations are (1) promulgated under this rule are required for statutory compliance. Therefore, the NRC views The documents identified in the the AEA, the Energy Reorganization Act of 1974, as amended (ERA), or the this rulemaking to be outside the scope following table are available to Nuclear Waste Policy Act of 1982, as of E.O. 14270 and did not insert interested persons through one or more amended (NWPA); (2) not statutorily conditional sunset dates for the of the following methods, as indicated.

ADAMS accession No./web link/Federal Document Register citation

''Draft Standard Review Plan on Foreign Ownership, Control, or Domination,'' Revision 1, April 2016 ................................. ML16048A025

''Regulatory Guide X.XX: Foreign Ownership, Control, or Domination of Nuclear Power, and Non-Power Production or ML16137A520 Utilization Facility, Draft,'' May 2016.

Executive Order 12866, ''Regulatory Planning and Review,'' October 4, 1993 ....................................................................... 58 FR 51735

Executive Order 14154, ''Unleashing American Energy,'' January 29, 2025 ........................................................................... 90 FR 8353

Executive Order 14192, ''Unleashing Prosperity Through Deregulation,'' February 6, 2025 ................................................... 90 FR 9065

Executive Order 14215, ''Ensuring Accountability for All Agencies,'' February 24, 2025 ........................................................ 90 FR 10447

Executive Order 14267, ''Reducing Anti-Competitive Regulatory Barriers,'' April 15, 2025 .................................................... 90 FR 15629

Executive Order 14270, ''Zero-Based Regulatory Budgeting to Unleash American Energy,'' April 15, 2025 ......................... 90 FR 15643

Executive Order 14300, ''Ordering the Reform of the Nuclear Regulatory Commission,'' May 29, 2025 ............................... 90 FR 22587

Presidential Memorandum, ''Plain Language in Government Writing,'' June 10, 1998 ........................................................... 63 FR 31885

To review comments on our website, System and non-System entities Dated: April 6, 2026. outlined in Part 607. The proposed go to https://www.fca.gov and follow For the Nuclear Regulatory Commission. changes also do not impact FCA's these steps: Michael King, 1. Click inside the ''I want to . . .'' annual administrative expenses or Executive Director for Operations. field near the top of the page. budget. [FR Doc. 2026-07918 Filed 4-22-26; 8:45 am] 2. Select ''find comments on a : Comments on this proposed rule DATESpending regulation'' from the dropdown BILLING CODE 7590-01-P must be submitted on or before June 22, menu. 2026. 3. Click ''Go.'' This will take you to : For accuracy and efficiency, FARM CREDIT ADMINISTRATION ADDRESSESa list of regulatory projects. please submit comments by email or 4. Select the project in which you're 12 CFR Part 607 through FCA's website. We do not interested. If we have received accept comments submitted by fax comments on that project, you will see RIN 3052-AD66 because faxes are difficult to process. a list of links to the individual Also, please do not submit comments Assessment and Apportionment of comments. multiple times; submit your comment Administrative Expenses You may also review comments at the only once, using one of the following FCA office in McLean, Virginia. Please : Farm Credit Administration. AGENCYmethods: call us at (703) 883-4056 or email us at • Send an email to reg-comm@ACTIONreg-comm@fca.gov to make an fca.gov. appointment. : The Farm Credit SUMMARY• Use the public comment form on Administration (FCA, we, or Agency) : our website: seeks comments on this proposed rule Technical information: J. Dawn 1. Go to https://www.fca.gov. to amend the regulations that Johnson, Senior Policy Analyst, Office 2. Click inside the ''I want to . . .'' implement provisions of the Act relating of Regulatory Policy, Farm Credit field near the top of the page. to assessments. The Farm Credit Act of Administration, McLean, VA 22102- 3. Select ''comment on a pending 1971, as amended (Act) requires FCA to 5090, (720) 213-0919, TTY (703) 883- regulation'' from the dropdown menu. apportion the amount of the 4. Click ''Go.'' This takes you to the 4056. assessments among the System Legal information: Jackie Baker, comment form. • Send the comment by mail to the institutions on a basis that the agency Attorney Advisor, Office of General determines to be equitable. We propose following: Autumn R. Agans, Deputy Counsel, Farm Credit Administration, to revise the assessment formula to Director, Office of Regulatory Policy, McLean, VA 22102-5090, (703) 967- account for the size and structure of the Farm Credit Administration, 1501 Farm 9098, TTY (703) 883-4056. System as it exists today and to bring Credit Drive, McLean, VA 22102-5090. : We post all comments on the FCA the assessment formula closer to the I. Summary of Proposed Objectives and degree of proportionality that existed website. We will show your comments Amendments when the rule became effective. The as submitted, including any supporting information; however, for technical proposed changes would reapportion The objective of this proposed rule the total assessment among individual reasons, we may omit items such as (the ''Proposed Rule'') is to address the System banks and associations to logos and special characters. Personal apportionment of assessments among further support cooperative and System information that you provide, such as System banks and associations to phone numbers and addresses, will be principles. The proposed changes account for the size and structure of the impact FCA's current assessment of publicly available. However, we will System as it exists today, including System banks and associations and do attempt to remove email addresses to updating the example formula. not impact FCA's assessment of other help reduce internet spam. Additionally, we propose two technical

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revisions to remove two references to with risk-weighted assets (RWA). entities that no longer exist. Within this preamble, we use the term A. Law and Regulation The amendments in the Proposed ''risk-adjusted assets'' for information Rule include changes to the regulations presented prior to 2017 and the term FCA's original assessment regulation, set forth in 12 CFR part 607 that: ''risk-weighted assets'' for information which was located at 12 CFR 618.8230, • Revise the definition in § 607.2 for presented beginning 2017 and was promulgated in 1972 before Non-System entities to remove the thereafter. Congress enacted the Agricultural Credit reference to the National Cooperative System institutions. This term is Act of 1987 (1987 Act). As explained in Bank Development Corporation from the defined in § 607.2(k). While Part 607 the 1993 preamble, the structural and regulation given this entity no longer defines assessment requirements for regulatory changes brought about by the exists. System and non-System entities, this 1987 Act, which are described below, • Revise the definition in § 607.2 for Proposed Rule would impact only led FCA to evaluate its process to Other System entities to remove the System banks and associations. determine whether the assessment reference to the Farm Credit Finance Therefore, this preamble's references to regulation remained equitable. Based 1Corporation of Puerto Rico from the System institutions include only System on this evaluation, FCA concluded the regulation given this entity no longer banks and associations. original assessment formula should be exists. revised. In 1992, FCA concluded that C. Change in the Composition of System • In § 607.3(b)(1), increase from thirty 2 negotiated rulemaking might provide a Institutions Since 1993 (30) percent to seventy-five (75) percent creative means to achieve an equitable the amount of the assessment Over thirty years ago, as of June 30, assessment formula. In 1993, based on apportioned to each bank, association, 1993, there were 259 System the negotiated rulemaking committee's and designated other System entities on institutions. The average risk-adjusted consensus recommendations, FCA the basis of each institution's pro rata assets ranged from approximately promulgated the current regulation, 12 share of the total average risk-adjusted $137,000 to $8.8 billion. As of June 30, 6 CFR part 607 and rescinded the original asset base. 2025, there were 59 System institutions. • In § 607.3(b)(2): 3 The average risk-weighted assets for Section 5.15(a)(2)(A) of the Act Æ Decrease from seventy (70) percent these institutions ranged from $175 requires FCA to apportion the amount of to twenty-five (25) percent the amount million to $103 billion. the assessments among the System of the assessment apportioned to each From June 30, 1993, to June 30, 2025, institutions on a basis that the agency bank, association, and designated other the number of institutions declined determines to be equitable. This System entity based upon the amounts from 259 to 59 and the average risk- Proposed Rule, if adopted, would of the institution's average risk-adjusted adjusted assets of these institutions update the regulation to address the assets that fall within the tiers contained increased. However, since 1993, not all current composition of System banks in the table in § 607.3(b)(2). institutions experienced risk-adjusted and associations. Over time, the overall Æ Adjust the average risk-adjusted asset growth at similar rates. As a result number of System banks and asset size range (in millions) set forth in of the changes to the System, the associations has significantly decreased; the table: average risk-weighted assets are D from over ''0 to $25'' to over ''$0 to however, the size and complexity of the assessed, in accordance with the $900.'' existing banks and associations has methodology in the existing assessment D from over ''$25 to $50'' to over increased since 1993. The changes regulations, at different proportional ''$900 to $1,825.'' outlined in this Proposed Rule do not rates than when the regulations were D from over ''$50 to $100'' to over impact the overall total assessment to enacted approximately 30 years ago. ''$1,825 to $4,050.'' the System. The Proposed Rule would Our Proposed Rule would adjust the D from over ''$100 to $500'' to over 4 reapportion assessments among the proportionality based on the current ''$4,050 to $13,500.'' individual System banks and levels of average risk-weighted assets to D from over ''$500 to $1,000'' to over associations. bring the assessments closer to ''$13,500 to $19,800.'' D from over ''$1,000 to $7,000'' to proportional levels experienced when B. Definitions Used in the Preamble the rule became effective. over ''$19,800 to $85,000.'' Financial Institution Rating System. D from over ''$7,000 to $10,000'' to In our analysis as of June 30, 2025, we FIRS is the rating system adopted by the grouped institutions into three primary over ''$85,000 to $120,000.'' D from over ''$10,000'' to over FCA Board in 2011 and used by the FCA groups by average risk-weighted asset examiners for evaluating and size: (1) greater than $10 billion, (2) $1 ''$120,000.'' categorizing the safety and soundness of to $10 billion, and (3) less than $1 Æ Update the example set forth in billion. For group one, 13 institutions System institutions on an ongoing, § 607.3(b)(2) to reflect the proposed (including all four banks and nine uniform and comprehensive basis. changes. associations) reported average risk- Average risk-adjusted asset base. This FCA does not propose any changes to weighted assets greater than $10 billion. term is defined in § 607.2 (b). After the the regulations set forth in 12 CFR This group of institutions held 81.7 implementation of the revised capital 607.1, covering the purpose and scope percent of the total average risk- framework in 2017, the original metric of Part 607. Furthermore, FCA does not weighted assets for all institutions. of risk-adjusted assets used in the propose any changes to the regulations set forth in 12 CFR 607.4 through assessment apportionment was replaced 607.11, covering assessment of other On January 8, 2026, FCA approved a proposed 5 rule that would amend its capital regulations. The System entities, processes for notice and 58 FR 10942 (February 23, 1993). proposed rule, if finalized, would amend 1payment of assessments, late-payment 58 FR 10942 (February 23, 1993). §§ 607.2(b) and 607.3(b) by replacing ''average risk- 2charges, reimbursements for services to See 58 FR 10942. The negotiated rulemaking adjusted asset base'' with ''average assets'' for 3non-System entities, reimbursable committee's assessment formula included the consistency with other proposed changes to the concepts of risk and economies of scale. capital regulations. 91 FR 9760 (February 27, 2026). billings, adjustments for overpayment or The total assessment to the System is based on As of June 30, 1993, average risk-adjusted assets underpayment of assessments, and 4 6 FCA's annual administrative expenses and budget were approximated based upon the March 31, 1993, report of assessments and expenses. for System oversight and supervision. and June 30, 1993, quarter-ends.

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However, despite holding over 80 of institutions was approximately our analysis, we believe that a proposed assessed at over two times the percent of the overall total average risk- increase to 75 percent for the pro rata proportionality of their combined share calculation of the formula is the most weighted assets, this group of of risk-weighted assets in 2025 than in reasonable option. institutions was only assessed 68.6 We also considered a 100 percent pro 1993. percent of the total assessment for all In 2025, for the group of institutions rata approach, which would result in an institutions under the existing reporting average risk-weighted assets exact proportional ratio of 1.0 for each The second group included 32 greater than $10 billion, we identified institution and ensure each bank and an assessment apportionment ratio of association is assessed exactly as the institutions and included only 0.84 which indicates this group was percentage of total System average risk- associations, which reported average assessed less than their proportional weighted assets held. However, a 100 risk-weighted assets between $1 and $10 share of combined risk-adjusted assets. percent pro rata formula that includes a billion. This group held 16.6 percent of 7 Based on our historical review of the FIRS risk premium adjustment would total average risk-weighted assets. regulation, we propose to maintain the allow anyone to determine an However, this second group of current assessment methodology while institution's assessment exceeds the 100 institutions was assessed 27.6 percent of continuing to recognize the importance percent pro rata formula and included a the total assessment for all institutions. The third group included 14 of the economies of scale concept in premium based on an adverse associations that reported average risk- FCA's oversight and supervision of composite FIRS rating. Therefore, we weighted assets of less than $1 billion. institutions. Additionally, FCA believes determined this type of formula would This third group held 1.7 percent of the it is important to retain the risk no longer maintain continued total average risk-weighted assets premium concept based on a composite confidentiality in the composite FIRS However, these institutions were FIRS rating. Based on System changes rating. Additionally, this approach is assessed 3.8 percent of the total since 1993 and our analysis of the inconsistent with our intent to continue assessment for all institutions. current assessment formula, we propose to account for economies of scale. We The institutions reporting lower levels changes to two parts of the assessment believe the proposed methodology of average risk-adjusted assets remain calculation. First, we propose to revise provides the most equitable results and key institutions to the System in serving § 607.3(b)(1) and (2) to increase the maintains the intentions of the original eligible farmer and producer borrowers portion of the assessment formula that negotiated rulemaking committee. in their chartered territories. The boards We specifically propose an increase, is based on each institution's pro rata and management teams for these from 30 percent to 75 percent, of the share of the total average risk-adjusted associations have indicated to FCA the portion of the assessment formula that asset base. Second, we propose changes challenges facing their associations, bases the assessment on each to the tier thresholds in the table in including concerns of experiencing an institution's pro rata share of the total § 607.3(b)(2) to adjust the distribution of increased proportional assessment of average risk-adjusted asset base. This assessment apportionment among the total assessment for institutions. change would result in a corresponding institutions. In addition to reviewing System decrease in the apportionment Our analysis indicates our Proposed structural changes, we analyzed the calculation outlined in 607.3(b)(2) from Rule results in assessment change in assessment apportionment 70 percent to 25 percent. We apportionment ratios of: 0.97 for the ratios from June 30, 1993 (assessment determined a proposed 75 percent pro group of institutions that exceed $10 year 1994), to June 30, 2025 (assessment rata minimum change is necessary to billion in average risk-weighted assets year 2026). We define the assessment sufficiently adjust the proportionality of (compared to 0.84 in 2025); 1.12 for apportionment ratio as the ratio of the assessments for those associations with those associations that report between percentage of assessments for a System average risk-weighted assets of less than $1 and $10 billion in average risk- institution or group of institutions to the $1 billion in upholding cooperative weighted assets (compared to 0.80 in percentage of total average risk-adjusted principles. Within the calculation 1993, and 1.66 in 2025); and 1.20 for the assets reported by that same institution outlined in 607.3(b)(2), we also propose group of associations that report less or group of institutions, where a ratio of an increase in the average risk-adjusted than $1 billion in average risk-weighted 1.0 indicates an institution or group of asset tier thresholds to approximate the assets (compared to 1.25 in 1993, and institutions is assessed at the same exact share of risk-adjusted assets as 2.24 in 2025). Our Proposed Rule percentage of its percentage of total distributed in each tier in 1993. We adjusts proportionalities for all propose amending the dollar thresholds average risk-adjusted assets for institutions and retains the current to mirror the share of bank and institutions. principles of the formula methodology. For example, for the group of association risk-adjusted assets in each We considered revising only the institutions with less than $1 billion in tier for 1993. As a result of the above average risk-adjusted asset size ranges average risk-adjusted assets, we proposed changes, the ratio of the outlined in § 607.3(b)(2); however, the identified an assessment apportionment percentage of assessments to the results from revising only the tier ranges ratio of 1.26 in 1993. In 2025 for this percentage of average risk-adjusted were insufficient to bring the group, we identified an assessment assets moves each group closer to the proportionality of individual apportionment ratio of 2.24, which proportionality of assessment amounts assessments for associations with less indicated this group of associations was when the rule was finalized in 1994. than $1 billion in average risk-weighted FCA concluded any change in the assessed at over two times the assets closer to levels of proportionality apportionment of the assessment proportionality of their combined share in 1993. Additionally, although we also methodology impacts each individual of risk-weighted assets. considered pro rata amounts of less than For the group of institutions with bank and association differently. 75 percent, these amounts were also average risk-adjusted assets of $1 to $10 However, we strove to ensure any insufficient to bring proportionality billion, we identified a ratio of 0.80 in proposed changes to the formula ratios closer to 1993 levels. Based on recognized the differences in all 1993, compared to a ratio of 1.66 in

1. This difference in assessment institutions, kept the spirit of the 1992 In 1993, no System institutions reported average 7apportionment ratio indicates this group negotiated rulemaking committee's risk-adjusted assets over $10 billion.

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would qualify them as small entities. Æ Retain the risk concept through the consensus recommendations, and did Therefore, Farm Credit System not place any undue burden on some composite FIRS rating premium.

Æ Keep the current formula to institutions are not ''small entities'' as institutions over others. We recognize maintain the confidentiality of the defined in the Regulatory Flexibility these changes increase or decrease the composite FIRS rating in the calculation Act. individual assessment for each System of any risk premium for those bank and association. Based on average C. Providing Accountability Through institutions assigned composite FIRS risk-weighted assets as of June 30, 2025, Transparency Act of 2023 ratings of 3, 4, or 5. if the proposed formula became The Providing Accountability effective, most institutions' assessments III. Proposed Rule Through Transparency Act of 2023 decrease compared to their fiscal year requires a notice of proposed A. Amendments to § 607.2 2026 assessments. However, for rulemaking to include the internet institutions reporting average risk- FCA proposes amendments to § 607.2 address of a posted summary of the weighted assets of more than $25 billion to update the calculation of assessments proposed rule, in plain language and as of June 30, 2025, assessments on System banks, associations, and less than 100 words. Public commenters increase compared to their fiscal year other System entities, update the may access the summary for this 2026 assessments. example calculation, and eliminate 8 rulemaking under RIN 3052-AD66 at Finally, we considered adding a references to the National Cooperative premium based on certain criteria to https://ww3.fca.gov/news/Lists/News%2Bank Development Corporation and the address institutions with increased 0Releases/Attachments/738/NR-26-03- Farm Credit Finance Corporation of complexity; however, we determined 3-12-26%20.pdf. Puerto Rico that no longer in existence. the criteria to support such a premium B. Amendments to § 607.3 would be difficult to quantify.

12 CFR 607 FCA proposes amendments to § 607.3 D. Improve the Equitability of the (b)(1) and (2) to update the formula and Assessment and Apportionment of Assessment Across System Institutions example for the calculation of Administrative Expenses. by Bringing the Proportionality of assessments. Assessments Closer to Levels

Experienced When the Rule Became preamble, the Farm Credit IV. Regulatory Matters Effective Administration proposes to amend parts A. Determination Under Executive 607 of chapter VI, title 12 of the Code FCA proposes revisions to Order 12866 and Expected of Federal Regulations as follows: significantly improve the assessment Determination Under Executive Order equitability by adjusting the 14192 Section 607 Assessment and proportionality of assessments in Apportionment of Administrative Expenses. The Office of Management and relation to the level of risk-adjusted ■ 1. The authority citation for part 607 Budget's Office of Information and assets across all institutions. Regulatory Affairs has determined that These revisions would: this proposed rule is not a ''significant Æ Increase the pro rata percentage of Authority: Secs. 5.15, 5.17 of the Farm regulatory action'' as defined by Section assessment to 75 percent allocated to Credit Act (12 U.S.C. 2250, 2252); and 12 3(f) of Executive Order 12866, made each institution to account for the U.S.C. 3025. applicable to FCA by Executive Order growth and the reduced number of Section 607.2 [Amended] 14215. This action, if finalized as institutions and adjust the ■ 2. Amend § 607.2 by removing ''the proposed, is expected to be neither an proportionality of an individual National Cooperative Bank Executive Order 14192 deregulatory institution's assessment in relation to Development Corporation'' in paragraph action nor an Executive Order 14192 the level of risk-adjusted assets held. (h). Æ Preserve the economies of scale regulatory action. ■ 3. Amend § 607.2 by removing ''the concept by continuing to apportion a B. Regulatory Flexibility Act Farm Credit Finance Corporation of minimum 25 percent of each individual Puerto Rico'' in paragraph (j). Pursuant to § 605(b) of the Regulatory institution's holding of risk-adjusted ■ 4. Amend § 607.3(b)(1) by replacing Flexibility Act (5 U.S.C. 601 et seq.), assets assessment through a declining ''Thirty (30) percent'' with ''Seventy- FCA hereby certifies that the Proposed rate formula. five (75) percent''. Rule will not have a significant Æ Revise the average risk-adjusted

• Amend § 607.3(b)(2) by replacing asset tier thresholds to allocate the
  ''Seventy (70) percent'' with ''Twenty- average risk-adjusted assets at System number of small entities. Each of the five percent''. banks in the Farm Credit System, institutions in tiers, consistent with the

• Amend the table in § 607.3(b)(2) as distribution of average risk-adjusted considered together with its affiliated
  follows: assets across the tiers established when associations, has assets and annual income in excess of the amounts that the rule was finalized in 1994. From:

Average risk-adjusted asset size range (in millions) Assessment rate Over To

$0 ................................................................................................................................................................... $25 X 125 ................................................................................................................................................................... 50 .85X 150 ................................................................................................................................................................... 100 .75X 1100 ................................................................................................................................................................. 500 .60X 1

Future calculations may differ because the of reported average risk-weighted assets for 8formula is dependent on the size and distribution individual institutions.

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Average risk-adjusted asset size range (in millions) Assessment rate Over To

500 ................................................................................................................................................................. 1,000 .50X 11,000 .............................................................................................................................................................. 7,000 .35X 17,000 .............................................................................................................................................................. 10,000 .20X 110,000 ............................................................................................................................................................ ........................ .10X 1

Average risk-adjusted asset size range (in millions) Assessment rate Over To

$0 ................................................................................................................................................................... $900 X 1900 ................................................................................................................................................................. 1,825 .85X 11,825 .............................................................................................................................................................. 4,050 .75X 14,050 .............................................................................................................................................................. 13,500 .60X 113,500 ............................................................................................................................................................ 19,800 .50X 119,800 ............................................................................................................................................................ 85,000 .35X 185,000 ............................................................................................................................................................ 120,000 .20X 1120,000 .......................................................................................................................................................... ........................ .10X 1

• Amend the example set forth in Example: XYZ association has a .0000837, based on an FCA budget of § 607.3(b)(2) from the existing example composite FIRS rating of 2 and average $100.4 million. to reflect the revisions detailed above as risk-adjusted assets of $2 billion. The follows: value of X has been determined to be 1

= .0000837 therefore $900,000,000 × .00837% .............................................................................................................................. = $75,320 1= .0000711 therefore $925,000,000 × .00711% ......................................................................................................................... = 65,801 .85X1= .0000628 therefore $175,000,000 × .00628% ......................................................................................................................... = 10,984 .75X1

Total Assessment under § 607.3(b)(2) ........................................................................................................................................... = 152,105

02-17 requires recurring visual and tap Ashley Waldron, inspections of the tail rotor blade (TRB) methods: Secretary to the Board, Farm Credit and, depending on the results, replacing the TRB. Since the FAA issued AD [FR Doc. 2026-07903 Filed 4-22-26; 8:45 am] 2020-02-17, it was determined BILLING CODE 6705-01-P • Fax: (202) 493-2251. additional helicopter models are affected by the unsafe condition. The manufacturer has developed a split pitch horn modification and a safety enhancement modification kit for the TRB. This proposed AD would continue to require the actions of AD 2020-02- 17, would expand the applicability, and [Docket No. FAA-2026-3863; Project would require modifying and re- Identifier AD-2024-00567-R] identifying the TRB. This proposed AD would also require revising the airworthiness limitations section (ALS) No. FAA-2026-3863; or in person at Airworthiness Directives; Various of the existing helicopter maintenance Helicopters manual or instructions for continued airworthiness and the existing approved AGENCYmaintenance or inspection program, as contains this NPRM, any comments applicable, to incorporate recurring received, and other information. The inspections of the TRB disbond ACTION street address for Docket Operations is (NPRM). indicator. The FAA is proposing this AD listed above. to address the unsafe condition on these : The FAA proposes to SUMMARYproducts. • For Sikorsky material identified in supersede Airworthiness Directive (AD) 2020-02-17, which applies to certain this proposed AD, contact your local DATES Sikorsky Field Representative or Sikorsky Aircraft Corporation (Sikorsky) Sikorsky's Service Engineering Group at Model S-70, S-70A, S-70C, S-70C(M), ADDRESSESand S-70C(M1) helicopters. AD 2020- Sikorsky Aircraft Corporation, 124

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manual to specify procedures for Quarry Road, Trumbull, CT 06611; recurring inspections of the disbond phone: (800) Winged-S or (203) 416- 4299; email: wcscustservice_eng.gr- indicator for TRBs modified with the safety enhancement modification kit. In sik@lmco.com. Operators may also log addition, Sikorsky updated the service on to the Sikorsky 360 website at information into two separate bulletins sikorsky360.com. based on the TRB manufactured date. A manufacturing improvement was Operational Safety Branch, 10101 implemented between 2006 and 2007, Hillwood Parkway, Fort Worth, TX and the service bulletin reflects this 76177. For information on the difference. availability of this material at the FAA, should be sent to Isabel Saltzman, call (817) 222-5110. It is also available Aviation Safety Engineer, FAA, 1701 at regulations.gov under Docket No. The FAA is issuing this NPRM after Columbia Avenue, College Park, GA FAA-2026-3863. determining that the unsafe condition 30337. Any commentary that the FAA described previously is likely to exist or receives which is not specifically : develop on other products of the same designated as CBI will be placed in the Isabel Saltzman, Aviation Safety type design. public docket for this rulemaking. Engineer, FAA, 1701 Columbia Avenue, College Park, GA 30337; phone: (781) 238-7649; email: ECB-COS@faa.gov. The FAA issued AD 2020-02-17, : The FAA reviewed Sikorsky Aircraft Amendment 39-21025 (85 FR 7191, Model S-70A Blackhawk Derivatives February 7, 2020) (AD 2020-02-17), for Maintenance Manual Temporary Sikorsky Model S-70, S-70A, S-70C, S- Revision No. 82, dated June 27, 2023. 70C(M), and S-70C(M1) helicopters This material specifies procedures for with a TRB part number 70101-31000 the visual, tap test, and borescope (all dash numbers) with a serial number inspections of the modified TRBs with up to and including A009-08915. AD under . Include ''Docket No. ADDRESSESthe disbond indicator. This material also 2020-02-17 was prompted by four FAA-2026-3863; Project Identifier AD- provides instructions for maintaining incidents of disbonding between the 2024-00567-R'' at the beginning of your the disbond indicator. TRB pitch horn and the torque tube. AD comments. The most helpful comments 2020-02-17 requires recurring visual reference a specific portion of the and tap inspections of the TRB and, proposal, explain the reason for any depending on the results, replacing the TRB. The agency issued AD 2020-02-17 supporting data. The FAA will consider to detect disbonding. The unsafe in the section. all comments received by the closing ADDRESSEScondition, if not addressed, could result date and may revise this proposal in increased tail rotor vibrations, because of those comments. NPRM physical failure of the torque tube, and This proposed AD would continue to consequent loss of control of the require the actions of AD 2020-02-17. helicopter.

Actions Since AD 2020-02-17 Was modifying and re-identifying the TRB. Issued This proposed AD would also require Since the FAA issued AD 2020-02- revising the ALS of the existing 17, a determination was made that helicopter maintenance manual or Sikorsky Model S-70M helicopters and instructions for continued airworthiness restricted category military surplus and the existing approved maintenance Models EH-60A, HH-60L, UH-60A, or inspection program, as applicable, to and UH-60L helicopters are also incorporate recurring inspections of the affected by the unsafe condition defined TRB disbond indicator. This proposed in AD 2020-02-17. Sikorsky has AD would also expand the applicability developed a split pitch horn by adding helicopter models. modification for certain TRBs and a safety enhancement modification kit for certain TRBs, which consists of a adopted as proposed, would affect 96 disbond indicator (three white stripes helicopters of U.S. registry. applied to both upper and lower airfoil blade surfaces). Sikorsky has also issued a temporary revision to the maintenance costs to comply with this proposed AD:

C STIMATEDOSTS

Cost per product operators 1 work-hour × $85 per Inspect and tap test TRBs (retained from AD $0 $85 per inspection $8,160 per inspection 2020-02-17).hour = $85.cycle. cycle.

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21740 C ESTIMATED OOSTS

Cost per product operators 6 work-hours × $85 per Install split pitch horn modification (for certain 50,000 50,510 .......................... Up to $4,848,960.

TRBs). hour = $510. 6 work-hours × $85 per Install safety enhancement modification kit (for 300,000 300,510 ........................ Up to $28,848,960.

certain TRBs). hour = $510.Revise ALS .......................................................... 1 work-hour × $85 per 0 85 ................................. $8,160.

hour = $85.

of the proposed inspection. The agency of helicopters that might need these on- costs to do any on-condition actions that has no way of determining the number condition actions: would be required based on the results

-C C NONDITION OSTS

Cost per product

Perform tap test or borescope inspection .................... 1 work-hour × $85 per hour = $85 ............................... $0 $85

6 work-hours × $85 per hour = $510 ........................... 192,304 192,814 Replace TRBs ..............................................................

(set of two--unmodified) ..............................................

This AD applies to the helicopters listed in paragraphs (c)(1) through (5) of this AD, certificated in any category, with a tail rotor blade (TRB) part number (P/N) 70101-31000 (all dash numbers) installed. the FAA Administrator. Subtitle VII, (1) Model EH-60A helicopters; type certificate holders include, but are not limited to, Delta Enterprise, LLC; Heliqwest International Inc.; Pickering Aviation, Inc.; Safety. and Sixtyhawk TC, LLC. (2) Model HH-60L helicopters; type certificate holders include, but are not limited to, Capitol Helicopters Inc.; Central Copters Inc.; and Sixtyhawk TC, LLC. (3) Sikorsky Aircraft Corporation Model S- 70, S-70A, S-70C, S-70C(M), S-70C(M1), and S-70M helicopters. (4) Model UH-60A helicopters; type certificate holders include, but are not limited to, ACE Aeronautics, LLC.; Air Resources Helicopters Inc.; Billings Flying Service Inc.; Blackhawk Mission Equipment; Capitol Helicopters Inc.; Carson Helicopters, Inc.; Delta Enterprise, LLC; H-60, LLC; Hallux Aerospace, LLC.; Heliqwest International Inc.; High Performance Helicopters Corp.; Northwest Rotorcraft LLC; Pickering Aviation, Inc.; PJ Helicopters Inc.; ■ 2. The FAA amends § 39.13 by: Reeder Flying Service Inc.; Sixtyhawk TC, ■ a. Removing Airworthiness Directive LLC; Skydance Blackhawk Operations, LLC; 2020-02-17, Amendment 39-21025 (85 Timberline Helicopters, Inc.; and Unical Air FR 7191, February 7, 2020); and Inc. (5) Model UH-60L helicopters; type ■ b. Adding the following new certificate holders include, but are not airworthiness directive: limited to, ACE Aeronautics, LLC.; Air Various Helicopters: Docket No. FAA-2026- Resources Helicopters Inc.; Delta Enterprise, 3863; Project Identifier AD-2024-00567- LLC; H-60, LLC.; Hallux Aerospace, LLC.; R. Pickering Aviation, Inc.; and Timberline Helicopters, Inc. Joint Aircraft System Component (JASC) certify that the proposed regulation: Code 6400, Tail Rotor System. This AD replaces AD 2020-02-17, Amendment 39-21025 (85 FR 7191, February This AD was prompted by four incidents of disbonding between the TRB pitch horn 7, 2020) (AD 2020-02-17).

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Note 4 to the introductory text of (i) Sikorsky Aircraft Corporation Model S- and the torque tube. The FAA is issuing this 70A Blackhawk Derivatives Maintenance paragraph (h)(2): Information on the split AD to detect and address disbonding. The Manual Temporary Revision No. 82, dated unsafe condition, if not addressed, could pitch horn modification is in Sikorsky Alert June 27, 2023. result in increased tail rotor vibrations, Service Bulletin 70-05-52, Revision B, dated physical failure of the torque tube, and March 27, 2025, and Sikorsky Alert Service consequent loss of control of the helicopter. (3) For Sikorsky Aircraft Corporation Bulletin 70-05-58, Revision A, dated July 10, material identified in this AD, contact your 2025. local Sikorsky Field Representative or (i) TRBs manufactured on or before Sikorsky's Service Engineering Group at December 31, 2007: within 12 months after Sikorsky Aircraft Corporation, 124 Quarry the effective date of this AD. done. Road, Trumbull, CT 06611; phone 1-800- (ii) TRBs manufactured on or after January Winged-S or 203-416-4299; email wcscust1, 2008: within 48 months after the effective (g) TRB Inspection With Applicable service_eng.gr-sik@lmco.com. Operators may date of this AD. Corrective Actions also log on to the Sikorsky 360 website at For helicopters with TRB P/N 70101- (i) Revise Maintenance Procedures Manual sikorsky360.com. 31000 (all dash numbers), before the first Upon completion of the modification flight of each day: required by paragraph (h)(1) of this AD (1) Visually inspect each TRB for a crack, Safety Branch, 10101 Hillwood Parkway, Fort (when the TRB P/N is changed to P/N 70070- leading edge erosion, and trailing edge skin Worth, TX 76177. For information on the 10052-041), revise the airworthiness disbonding and separation, paying particular limitation section of the existing helicopter attention to the area from the midspan to the (817) 222-5110. maintenance manual or instructions for pitch control horn. If there is a crack, any continued airworthiness and the existing leading edge erosion, trailing edge approved maintenance or inspection disbonding, or trailing edge separation, program, as applicable, by incorporating before further flight, remove the TRB from Sikorsky Aircraft Model S-70A Blackhawk service and replace with a serviceable part. Derivatives Maintenance Manual Temporary (2) Tap test inspect each TRB for Revision No. 82, dated June 27, 2023. disbonding in the pitch horn to torque tube bond area. If there is any disbonding, before (j) Provisions for Alternative Actions and further flight remove the TRB from service Intervals and replace with a serviceable part. After the action required by paragraph (i) (h) TRB Modification and Applicable Re- of this AD has been done, no alternative Service. Identification actions and associated intervals are allowed unless they are approved as specified in the FR Doc. 2026-07937 Filed 4-22-26; 8:45 am For helicopters with TRB P/N 70101- provisions of the alternative methods of 31000-043, P/N 70101-31000-048, P/N compliance (AMOC) paragraph. 70101-31000-050, P/N 70101-31000-051, or P/N 70101-31000-052 without a split pitch (k) Alternative Methods of Compliance horn installed, accomplish the safety (AMOCs) enhancement modification kit. This action (1) The Manager, East Certification Branch, must be accomplished by an authorized FAA, has the authority to approve AMOCs Sikorsky Aircraft overhaul facility, or by a for this AD, if requested using the procedures method approved by the Manager, East found in 14 CFR 39.19. In accordance with Certification Branch, FAA, within the 14 CFR 39.19, send your request to your Docket No. FAA-2026-3866; Project compliance time specified in paragraph principal inspector or local Flight Standards Identifier MCAI-2025-01200-R(1)(i) or (ii) of this AD. District Office, as appropriate. If sending Note 1 to the introductory text of information directly to the manager of the paragraph (h)(1): Upon completion of the East Certification Branch, send it to the safety enhancement modification kit, the Airworthiness Directives; Bell Textron attention of the person identified in TRB is marked with P/N 70070-10052-041. Canada Limited Helicopters paragraph (l)(1) of this AD and email to: Note 2 to the introductory text of

AMOC@faa.gov. paragraph (h)(1): Information on the safety AGENCY(2) Before using any approved AMOC, enhancement modification kit is in Sikorsky Aircraft Corporation (Sikorsky) Alert Service ACTIONBulletin 70-05-52, Revision B, dated March (NPRM). of the local flight standards district office/ 27, 2025, and Sikorsky Alert Service Bulletin certificate holding district office. 70-05-58, Revision A, dated July 10, 2025. : The FAA proposes to adopt a SUMMARY(i) TRBs manufactured on or before (l) Additional Information new airworthiness directive (AD) for December 31, 2007: within 12 months after certain Bell Textron Canada Limited (1) For more information about this AD, the effective date of this AD. contact Isabel Saltzman, Aviation Safety Model 505 helicopters. This proposed (ii) TRBs manufactured on or after January Engineer, FAA, 1701 Columbia Avenue, 1, 2008: within 48 months after the effective AD was prompted by a report of a College Park, GA 30337; phone: (781) 238- date of this AD. quality escape in the production 7649; email: ECB-COS@faa.gov. (2) For helicopters with TRB P/N 70101- installation of a washer installed on the (2) Material identified in this AD that is not 31000-046 without a split pitch horn tail rotor pitch link assembly (pitch link incorporated by reference is available at the installed, accomplish the split pitch horn assembly). This proposed AD would address specified in paragraph (m)(3) of this modification. This action must be require a one-time visual inspection for AD. accomplished by an authorized Sikorsky proper installation of the washer Aircraft overhaul facility or by a method (m) Material Incorporated by Reference installed on the pitch link assembly approved by the Manager, East Certification Branch, FAA, within the compliance time and, depending on the results of the specified in paragraph (h)(2)(i) or (ii) of this inspection, corrective actions. The FAA AD. is proposing this AD to address the Note 3 to the introductory text of unsafe condition on these products. paragraph (h)(2): Upon completion of the split pitch horn modification, the TRB is DATES on this NPRM by June 8, 2026. marked with P/N 70070-15005-042.

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pitch link assembly, tail rotor blade date and may amend this proposal ADDRESSESbecause of those comments. pitch horn, packings, and conical washer. The unsafe condition, if not addressed, could result in fracture of the methods: pitch horn stud due to fatigue or when the rotor blade exceeds the travel during certain control inputs and blade • Fax: (202) 493-2251. flapping angles and loss of directional control of the helicopter. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA-2026-3866.

The FAA reviewed Transport Canada AD CF-2025-34, which specifies procedures for a one-time visual inspection for proper installation of the pitch link assembly and, depending on No. FAA-2026-3866; or in person at the results of the inspection, reassembling the pitch link assembly and washer or removing and replacing the pitch link assembly, tail rotor pitch contains this NPRM, the mandatory horn, packings, and conical washer. continuing airworthiness information (MCAI), any comments received, and other information. The street address for Docket Operations is listed above. in the section. • For Transport Canada material ADDRESSESidentified in this proposed AD, contact Transport Canada, Transport Canada These products have been approved National Aircraft Certification, 159 by the civil aviation authority (CAA) of Cleopatra Drive, Nepean, Ontario, K1A another country and are approved for 0N5, Canada; phone: (888) 663-3639; should be sent to David Enns, Aviation operation in the United States. Pursuant email: TC.AirworthinessDirectives- Safety Engineer, FAA, 1600 Stewart to the FAA's bilateral agreement with Consignesdenavigabilite.TC@tc.gc.ca. Avenue, Suite 410, Westbury, NY this State of Design Authority, it has You may find the Transport Canada 11590. Any commentary that the FAA notified the FAA of the unsafe condition material on the Transport Canada receives which is not specifically described in the MCAI referenced website at tc.canada.ca/en/aviation. designated as CBI will be placed in the above. The FAA is proposing this AD public docket for this rulemaking. after determining that the unsafe condition described previously is likely Operational Safety Branch, 10101 to exist or develop on other products of Hillwood Parkway, Fort Worth, TX Transport Canada, which is the the same type design. 76177. For information on the aviation authority for Canada, has availability of this material at the FAA, issued Transport Canada AD CF-2025- call (817) 222-5110. NPRM 34, dated July 3, 2025 (Transport : Canada AD CF-2025-34) (also referred David Enns, Aviation Safety Engineer, to as the MCAI), to correct an unsafe accomplishing the actions specified in FAA, 1600 Stewart Avenue, Suite 410, condition on certain Bell Textron Transport Canada AD CF-2025-34, Westbury, NY 11590; phone: (316) 946- Canada Limited Model 505 helicopters. described previously, as incorporated by 4147; email: david.enns@faa.gov. The MCAI states Bell Textron Canada reference, except for any differences Limited has discovered a quality escape : in the production installation of the pitch link assemblies where a washer Explanation of Required Compliance was installed in the wrong location. The MCAI further states this incorrect installation could cause fracture of the In the FAA's ongoing efforts to pitch horn stud due to fatigue or when improve the efficiency of the AD the rotor blade exceeds the travel during process, the FAA developed a process to under . Include ''Docket No. ADDRESSESFAA-2026-3866; Project Identifier certain control inputs and blade use some CAA ADs as the primary flapping angles. The MCAI requires a MCAI-2025-01200-R'' at the beginning source of information for compliance one-time inspection of the pitch link of your comments. The most helpful with requirements for corresponding assembly for proper installation of FAA ADs. The FAA has been comments reference a specific portion of the proposal, explain the reason for any washer, part number 206-010-795-105, coordinating this process with and depending on the inspection manufacturers and CAAs. As a result, results, reassembling the pitch link supporting data. The FAA will consider the FAA proposes to incorporate all comments received by the closing assembly and washer or replacing the Transport Canada AD CF-2025-34 by

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reference in the FAA final rule. This proposed AD would, therefore, require Material required by Transport Canada compliance with Transport Canada AD AD CF-2025-34 for compliance will be adopted as proposed, would affect 10 CF-2025-34 in its entirety through that available at regulations.gov under helicopters of U.S. registry. incorporation, except for any differences Docket No. FAA-2026-3866 after the FAA final rule is published. costs to comply with this proposed AD:

C OSTIMATEDEOSTS

Cost per product operators

Inspect pitch link assembly ............................. 1 work-hour × $85 per hour = $85 ................. $0 $85 $850

proposed inspection. The agency has no helicopters that might need these costs to do any replacements that would way of determining the number of replacements: be required based on the results of the

-C C NONDITION OSTS

Action Labor cost Parts cost Cost per product 4 work-hours × $85 per hour = $340 (per as-Replace pitch link assembly, tail rotor pitch $4,396 (per assembly) Up to $9,472. horn, packings, and conical washer. sembly).Remove and reassemble pitch link assembly 1 work-hour × $85 per hour = $85 ................. $0 ............................... $85.

The FAA has included all known costs in its cost estimate. According to the manufacturer, however, some of the costs of this proposed AD may be covered under warranty, thereby reducing the cost impact on affected None. operators. This AD applies to Bell Textron Canada Limited Model 505 helicopters, certificated in any category, as identified in Transport Canada AD CF-2025-34, dated July 3, 2025 (Transport Canada AD CF-2025-34). Joint Aircraft System Component (JASC) Code 6400, Tail rotor system This AD was prompted by a report of a Safety. quality escape in the production installation of a washer installed on the tail rotor pitch link assembly (pitch link assembly). The FAA is issuing this AD to detect proper installation. The unsafe condition, if not addressed, could result in fracture of the pitch horn stud due to fatigue or when the rotor blade exceeds the travel during certain control inputs and blade flapping angles and loss of directional control of the helicopter.

done.

(g) Requirements ■ 2. The FAA amends § 39.13 by adding

Except as specified in paragraph (h) of this the following new airworthiness AD: Comply with all required actions and directive: compliance times specified in, and in Bell Textron Canada Limited: Docket No. accordance with, Transport Canada AD CF- FAA-2026-3866; Project Identifier 2025-34. MCAI-2025-01200-R.

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(h) Exceptions to Transport Canada AD CF- Worth, TX 76177. For information on the

2025-34

(817) 222-5110. (1) Where Transport Canada AD CF-2025- 34 refers to its effective date, this AD requires using the effective date of this AD. (2) Where Transport Canada AD CF-2025- 34 requires compliance in terms of air time, this AD requires using hours time-in-service. (3) Where paragraph (1) of Transport Canada AD CF-2025-34 specifies ''Perform a one-time inspection of the tail rotor pitch link assembly installation'', this AD requires No. FAA-2026-3865; or in person at replacing that text with ''Perform a one-time inspection of the pitch link assembly Service. installation and, if applicable, remove and reassemble the pitch link assembly and [FR Doc. 2026-07935 Filed 4-22-26; 8:45 am] washer''. contains this NPRM, any comments (4) Where the material referenced in received, and other information. The Transport Canada AD CF-2025-34 specifies street address for Docket Operations is to discard certain parts, this AD requires listed above. removing those parts from service.

(i) Special Flight Permit • For Boeing material identified in

Special flight permits, as described in 14 this proposed AD, contact Boeing CFR 21.197 and 21.199, are not allowed. Commercial Airplanes, Attention:

[Docket No. FAA-2026-3865; Project Contractual & Data Services (C&DS), (j) Alternative Methods of Compliance Identifier AD-2025-01395-T] 2600 Westminster Blvd., MC 110-SK57, (AMOCs) Seal Beach, CA 90740-5600; telephone (1) The Manager, International Validation 562-797-1717; website Branch, FAA, has the authority to approve Airworthiness Directives; The Boeing myboeingfleet.com. AMOCs for this AD, if requested using the Company Airplanes procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your AGENCYrequest to your principal inspector or local Operational Safety Branch, 2200 South Flight Standards District Office, as 216th St., Des Moines, WA. For ACTION information on the availability of this (NPRM). to the manager of the International Validation material at the FAA, call 206-231-3195. Branch, send it to the attention of the person It is also available at regulations.gov : The FAA proposes to identified in paragraph (k) of this AD and SUMMARY under Docket No. FAA-2026-3865. supersede Airworthiness Directive (AD) email to: AMOC@faa.gov. 2021-02-13, which applies to certain (2) Before using any approved AMOC, : Luis The Boeing Company Model 737-600, Cortez-Muniz, Aviation Safety Engineer, -700, -700C, -800, and -900 series FAA, 2200 South 216th St., Des Moines, of the local flight standards district office/ airplanes. AD 2021-02-13 requires WA 98198; phone: 206-231-3958; certificate holding district office. inspections of the fuselage skin and bear email: luis.a.cortez-muniz@faa.gov. (k) Additional Information strap at the forward galley door between : certain stations for cracks, and applicable on-condition actions. Since contact David Enns, Aviation Safety the FAA issued AD 2021-02-13, a Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (316) 946- report was received of cracking outside 4147; email: david.enns@faa.gov. the required inspection area, and it has been determined that additional (l) Material Incorporated by Reference airplanes may be subject to the under the section. Include ADDRESSESidentified unsafe condition. This ''Docket No. FAA-2026-3865; Project proposed AD would continue to require Identifier AD-2025-01395-T'' at the the actions of AD 2021-02-13 and beginning of your comments. The most would add airplanes to the helpful comments reference a specific applicability. This proposed AD would portion of the proposal, explain the also add inspections for an extended reason for any recommended change, (i) Transport Canada AD CF-2025-34, inspection area. The FAA is proposing and include supporting data. The FAA dated July 3, 2025. this AD to address the unsafe condition will consider all comments received by on these products. the closing date and may amend this (3) For Transport Canada material proposal because of those comments. identified in this AD, contact Transport DATESCanada National Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, ADDRESSESCanada phone: (888) 663-3639; email: TC.AirworthinessDirectives- Consignesdenavigabilite.TC@tc.gc.ca. You methods: may find this material on the Transport Canada website at tc.canada.ca/en/aviation.

• Fax: 202-493-2251. Safety Branch, 10101 Hillwood Parkway, Fort

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• External general visual inspection stations for cracks, and applicable on- condition actions. The agency issued of the fuselage skin and gap cover for any external repair. AD 2021-02-13 to address cracking of • Internal general visual inspection of the bear strap, which could result in severing of the bear strap, possibly the forward galley door cutout stub leading to uncontrolled decompression frame for any repair. On-condition actions include and loss of structural integrity of the obtaining and following alternative airplane. inspection instructions and doing the Actions Since AD 2021-02-13 Was inspections if repairs are found, Issued repetitive HFEC inspections for cracks, Since the FAA issued AD 2021-02- low frequency eddy current (LFEC) 13, the FAA received a report that inspections for cracks, and replacement during routine maintenance, a crack was or repair. found on the forward galley door bear strap of a Model 737-900ER series airplane, which is not included in the applicability of AD 2021-02-13. In addition, cracks were found in the bear in the section. ADDRESSESstrap between stringers S-7R and S-9R, and the FAA determined that NPRM inspections of the surrounding stub Although this proposed AD does not frame for cracking are necessary. The explicitly restate the requirements of AD FAA has determined that these should be sent to Luis Cortez-Muniz, 2021-02-13, this proposed AD would additional areas require inspections, Aviation Safety Engineer, FAA, 2200 retain all of the requirements of AD and Model 737-600, -700, -700C, -800, South 216th St., Des Moines, WA 98198; 2021-02-13. Those requirements are -900, and -900ER series airplanes phone: 206-231-3958; email: referenced in the material identified having line numbers 1763 and luis.a.cortez-muniz@faa.gov. Any previously, which, in turn, is referenced subsequent are subject to the same commentary that the FAA receives that in paragraph (g) of this proposed AD. unsafe condition. is not specifically designated as CBI will This proposed AD would revise the be placed in the public docket for this applicability to add Model 737-900ER The FAA is issuing this NPRM after series airplanes and would add determining that the unsafe condition inspections for an extended inspection described previously is likely to exist or area. This proposed AD would also The FAA issued AD 2021-02-13, develop on other products of the same require accomplishing the actions Amendment 39-21396 (86 FR 10776, type design. specified in the material already February 23, 2021) (AD 2021-02-13), described, except for any differences for certain The Boeing Company Model 737-600, -700, -700C, -800, and -900 The FAA reviewed Boeing Alert series airplanes. AD 2021-02-13 was For information on the procedures Requirements Bulletin 737-53A1383 prompted by reports of cracks in the and compliance times, see this material RB, Revision 3, dated July 30, 2025. bear strap from station (STA) 290 to at regulations.gov under Docket No. This material specifies the following STA 296, and between stringers S-8R FAA-2026-3865. procedures including options, and S-9R, sometimes common to depending on configuration, and fasteners in the gap cover and applicable on-condition actions: emanating from rough sanding marks • Internal general visual inspection of found on the surface of the bear strap. adopted as proposed, would affect 1,965 AD 2021-02-13 requires inspections of the bear strap and external general airplanes of U.S. registry. The FAA visual inspection of the fuselage skin the fuselage skin and bear strap at the estimates the following costs to comply forward galley door between certain and gap cover for any repair. with this proposed AD:

C R A STIMATEDOSTS FOR EQUIRED CTIONS

Cost on U.S. opera-Action Labor cost Parts cost Cost per product tors Up to 28 work-hours × $85 per hour Inspection (retained action from AD $0 Up to $2,380 .............. Up to $4,676,700.

2021-02-13). = $2,380. EUp to 25 work-hours × $85 per hour Inspection of the stub frame (new 0 Up to 2,125 ................ Up to 4,175,625.

proposed action). = $2,125.

the results of the proposed inspection. the number of aircraft that might need costs to do any necessary on-condition The agency has no way of determining this on-condition action: action that would be required based on

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Cost per product

External HFEC and LFEC inspection for cracks .. Up to 28 work-hours × $85 per hour = $2,380 .... $0 Up to $2,380.

OHFEC inspection for cracks .................................. Up to 27 work-hours per inspection cycle ........... $0 Up to $2,295 per in-

spection cycle. Stub frame replacement ........................................ 35 work-hours × $85 per hour = $2,975 .............. $1,400 $4,375.

The FAA has received no definitive (g) Inspections and Corrective Actions data on which to base the cost estimates Except as specified by paragraph (h) of this for the bear strap replacement and other AD: At the applicable times specified in the on-condition actions specified in this ''Compliance'' paragraph of Boeing Alert Requirements Bulletin 737-53A1383 RB, proposed AD. Revision 3, dated July 30, 2025, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin 737-53A1383 RB, Revision 3, dated July 30, 2025. Note 1 to paragraph (g): Guidance for accomplishing the actions required by this AD can be found in Boeing Alert Service Bulletin 737-53A1383, Revision 3, dated July ■ 2. The FAA amends § 39.13 by: 30, 2025, which is referred to in Boeing Alert ■ a. Removing Airworthiness Directive Requirements Bulletin 737-53A1383 RB, Revision 3, dated July 30, 2025. (AD) 2021-02-13, Amendment 39- 21396 (86 FR 10776, February 23, 2021), (h) Exceptions to Requirements Bulletin and Specifications ■ b. Adding the following new AD: (1) Where the Compliance Time columns of the tables in the ''Compliance'' paragraph The Boeing Company: Docket No. FAA- of Boeing Alert Requirements Bulletin 737- 2026-3865; Project Identifier AD-2025- 53A1383 RB, Revision 3, dated July 30, 2025, 01395-T. refer to the Revision 2 issue date of Requirements Bulletin 737-53A1383 RB, this AD requires using the effective date of this AD. (2) Where Boeing Alert Requirements Bulletin 737-53A1383 RB, Revision 3, dated This AD replaces AD 2021-02-13, July 30, 2025, specifies contacting Boeing for Amendment 39-21396 (86 FR 10776, alternative inspections: This AD requires February 23, 2021) (AD 2021-02-13). doing the alternative inspections and applicable on-condition actions using a method approved in accordance with the This AD applies to all The Boeing procedures specified in paragraph (i) of this Company Model 737-600, -700, -700C, AD. -800, -900, and -900ER series airplanes, certificated in any category. (i) Alternative Methods of Compliance (AMOCs) (1) The Manager, AIR-520, Continued Air Transport Association (ATA) of Operational Safety Branch, FAA, has the America Code 53, Fuselage. authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, This AD was prompted by reports of cracks send your request to your principal inspector in the bear strap from station (STA) 290 to or responsible Flight Standards Office, as STA 296, and between stringers S-7R and S- 9R, sometimes common to fasteners in the to the manager of the certification office, gap cover and emanating from rough sanding send it to the attention of the person marks found on the surface of the bear strap, identified in paragraph (j) of this AD. and by a report of cracking outside the Information may be emailed to: AMOC@ required inspection area. The FAA is issuing faa.gov. Before using any approved AMOC, this AD to address cracking of the fuselage skin, bear strap, and stub frame. The unsafe condition, if not addressed, could result in of the responsible Flight Standards Office. severing of the bear strap, possibly leading to (2) An AMOC that provides an acceptable uncontrolled decompression and loss of level of safety may be used for any repair, structural integrity of the airplane. modification, or alteration required by this AD if it is approved by The Boeing Company Organization Designation Authorization (ODA) that has been authorized by the Safety. done. Manager, AIR-520, Continued Operational

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: Safety Branch, FAA, to make those findings. ACTIONTo be approved, the repair method, (NPRM). Elizabeth Dowling, Aviation Safety modification deviation, or alteration Engineer, FAA, 1600 Stewart Avenue, : The FAA proposes to adopt a deviation must meet the certification basis of SUMMARYSuite 410, Westbury, NY 11590; phone: the airplane, and the approval must new airworthiness directive (AD) for 516-228 7300; email: specifically refer to this AD. certain Bombardier, Inc. Model BD- Elizabeth.M.Dowling@faa.gov. (3) AMOCs for repairs approved for AD 700-1A10, and BD-700-1A11 airplanes. 2021-02-13 are approved as AMOCs for the : This proposed AD was prompted by an corresponding provisions of Boeing Alert in-service event where a main landing Requirement Bulletin 737-53A1383, gear tire burst upon landing. This Revision 3, dated July 30, 2025, that are proposed AD would require an required by paragraph (g) of this AD, for the area covered by the repair only. inspection to determine if an affected brake control unit (BCU) is installed and (j) Additional Information replacement of affected BCU. This proposed AD would also prohibit the under the section. Include contact Luis Cortez-Muniz, Aviation Safety ADDRESSESinstallation of affected parts. The FAA Engineer, FAA, 2200 South 216th St., Des ''Docket No. FAA-2026-3864; Project is proposing this AD to address the Moines, WA 98198; phone: 206-231-3958; Identifier MCAI-2022-01215-T'' at the unsafe condition on these products. email: luis.a.cortez-muniz@faa.gov. beginning of your comments. The most helpful comments reference a specific (k) Material Incorporated by Reference DATESportion of the proposal, explain the reason for any recommended change, ADDRESSESand include supporting data. The FAA will consider all comments received by methods: the closing date and may amend this proposal because of those comments. (i) Boeing Alert Requirements Bulletin 737-53A1383 RB, Revision 3, dated July 30, • Fax: 202-493-2251. 2025. (3) For Boeing material identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110- SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; website myboeingfleet.com. Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the 206-231-3195. No. FAA-2026-3864; or in person at

contains this NPRM, the mandatory continuing airworthiness information (MCAI), any comments received, and Issued on April 21, 2026. other information. The street address for Victor Wicklund, Docket Operations is listed above. Acting Director, Integrated Certificate Management Division, Aircraft Certification • For Transport Canada material Service. identified in this proposed AD, contact [FR Doc. 2026-07931 Filed 4-22-26; 8:45 am] Transport Canada, Transport Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-663-3639; email TC.AirworthinessDirectives-

Consignesdenavigabilite.TC@tc.gc.ca.

You may find this material on the Transport Canada website at should be sent to Elizabeth Dowling, tc.canada.ca/en/aviation. It is also [Docket No. FAA-2026-3864; Project Aviation Safety Engineer, FAA, 1600 available at regulations.gov under Identifier MCAI-2022-01215-T] Stewart Avenue, Suite 410, Westbury, Docket No. FAA-2026-3864. NY 11590; phone: 516-228 7300; email:

Elizabeth.M.Dowling@faa.gov. Any Airworthiness Directives; Bombardier, commentary that the FAA receives Operational Safety Branch, 2200 South Inc., Airplanes which is not specifically designated as 216th St., Des Moines, WA. For CBI will be placed in the public docket information on the availability of this AGENCYfor this rulemaking. material at the FAA, call 206-231-3195.

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Explanation of Required Compliance determine if BCUs with part number (P/

1. GW415-7125-7 (Crane P/N 42-965- Transport Canada, which is the 3) are installed, and replacement of aviation authority for Canada, has In the FAA's ongoing efforts to affected parts with BCU P/N GW415- issued Transport Canada AD CF-2022- improve the efficiency of the AD 7125-9 (Crane P/N 42-965-4). 53, dated September 22, 2022 (also process, the FAA developed a process to Transport Canada also prohibits the referred to as the MCAI), to correct an use some civil aviation authority (CAA) installation of affected parts. unsafe condition for certain Bombardier, ADs as the primary source of Inc. Model BD-700-1A10, BD-700- information for compliance with 1A11 airplanes. The MCAI states an in- requirements for corresponding FAA service event occurred where a main ADs. The FAA has been coordinating landing gear tire burst upon landing. in the section. this process with manufacturers and ADDRESSESThe investigation into the event found CAAs. As a result, the FAA proposes to that with the loss of a 5V power supply incorporate Transport Canada AD CF- in the BCU wheel control card, a These products have been approved 2022-53 by reference in the FAA final residual current may build within the by the civil aviation authority of another rule. This proposed AD would, brake control valve (BCV) driver circuit. country and are approved for operation therefore, require compliance with This residual current may result in in the United States. Pursuant to the Transport Canada AD CF-2022-53 in its uncommanded brake pressure during FAA's bilateral agreement with this entirety through that incorporation, landing. If not corrected, this can cause State of Design Authority, that authority one or more tires to burst due to a except for any differences identified as has notified the FAA of the unsafe dragging brake or a locked brake, exceptions in the regulatory text of this condition described in the MCAI unexpected deceleration, degraded proposed AD. Material required by referenced above. The FAA is issuing braking performance, directional this NPRM after determining that the Transport Canada AD CF-2022-53 for difficulties, or brake(s) overheating. unsafe condition described previously is compliance will be available at The FAA is proposing this AD to likely to exist or develop in other regulations.gov under Docket No. FAA- address the unsafe condition on these products of the same type design. 2026-3864 after the FAA final rule is products. published. You may examine the MCAI in the NPRM AD docket at regulations.gov under Docket No. FAA-2026-3864. accomplishing the actions specified in adopted as proposed, would affect 42 Transport Canada AD CF-2022-53 airplanes of U.S. registry. The FAA described previously, except for any estimates the following costs to comply Transport Canada AD CF-2022-53 differences identified as exceptions in with this proposed AD: specifies procedures for an inspection to the regulatory text of this proposed AD.

R A ESTIMATEDEOSTS FORCEQUIRED CCTIONS

Cost per Labor cost Parts cost product operators

2 work-hours × $85 per hour = $170 .......................................................................................... $0 $170 $7,140.00

the results of any required actions. The number of aircraft that might need this costs to do any necessary on-condition FAA has no way of determining the on-condition action: action that would be required based on

O-C A STIMATEDOSTS OFN ONDITION CTIONS

Labor cost Parts cost Cost per product

2 work-hours × $85 per hour = $170 .................................................................... Up to $430,089 ..................................... Up to $430,259.

The FAA has included all known costs in its cost estimate. According to the manufacturer, however, some or all of the costs of this proposed AD may be covered under warranty, thereby reducing the cost impact on affected operators.

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(i) Transport Canada AD CF-2022-53, addressed, could result in one or more tires dated September 22, 2022. to burst due to a dragging brake or a locked brake, unexpected deceleration, degraded braking performance, directional difficulties, (3) For Transport Canada material or brake(s) overheating. identified in this AD, contact Transport Canada, Transport Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888- 663-3639; email TC.AirworthinessDirectives- done. Consignesdenavigabilite.TC@tc.gc.ca. You may find this material on the Transport (g) Requirements Canada website at tc.canada.ca/en/aviation. Except as specified in paragraphs (h) and (i) of this AD: Comply with all required actions and compliance times specified in, Safety Branch, 2200 South 216th St., Des and in accordance with, Transport Canada Moines, WA. For information on the AD CF-2022-53. 206-231-3195. (h) Exception to Transport Canada AD CF-

2022-53

Where Transport Canada AD CF-2022-53 refers to its effective date, this AD requires using the effective date of this AD. Safety.

(i) No Reporting Requirement and No Return of Parts

Although the material referenced in Transport Canada AD CF-2022-53 specifies to submit certain information and return parts to the manufacturer, this AD does not Service. include those requirements. FR Doc. 2026-07881 Filed 4-22-26; 8:45 am Additional AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance

(AMOCs): The Manager, International

Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. 14 CFR Part 71 ■ 2. The FAA amends § 39.13 by adding In accordance with 14 CFR 39.19, send your [Docket No. FAA-2026-4008; Airspace the following new airworthiness request to your principal inspector or Docket No. 26-ASW-2] responsible Flight Standards Office, as directive:

RIN 2120-AA66 Bombardier, Inc.: Docket No. FAA-2026- to the manager of the International Validation 3864; Project Identifier MCAI-2022- Branch, send it to the attention of the person Establishment of United States Area 01215-T. identified in paragraph (j) of this AD and Navigation Routes T-583 and T-585 in email to: AMOC@faa.gov. Before using any Texas approved AMOC, notify your appropriate principal inspector, or lacking a principal AGENCYinspector, the manager of the responsible Flight Standards Office. (2) Contacting the Manufacturer: For any ACTIONNone. (NPRM). requirement in this AD to obtain instructions from a manufacturer, the instructions must : This action proposes to be accomplished using a method approved SUMMARYThis AD applies to Bombardier, Inc. Model establish United States Area Navigation by the Manager, International Validation BD-700-1A10 and BD-700-1A11 airplanes, Branch, FAA; or Transport Canada; or (RNAV) Routes T-583 and T-585 in certificated in any category, as identified in Bombardier, Inc's Transport Canada Design Texas. The FAA is proposing this action Transport Canada AD CF-2022-53, dated Approval Organization (DAO). If approved by in support of new air traffic procedures September 22, 2022 (Transport Canada AD the DAO, the approval must include the scheduled for implementation at CF-2022-53). DAO-authorized signature. Austin-Bergstrom International Airport (k) Additional Information (AUS). Air Transport Association (ATA) of DATESAmerica Code 32, Landing Gear. contact Elizabeth Dowling, Aviation Safety or before June 8, 2026. Engineer, FAA, 1600 Stewart Avenue, Suite : Send comments identified 410, Westbury, NY 11590; phone: 516-228 ADDRESSESThis AD was prompted by an in-service by FAA Docket No. FAA-2026-4008 7300; email: Elizabeth.M.Dowling@faa.gov. event where a main landing gear tire burst and Airspace Docket No. 26-ASW-2 (l) Material Incorporated by Reference upon landing. The investigation into the using any of the following methods: event found that with the loss of a 5V power * Federal eRulemaking Portal: Go to supply in the brake control unit (BCU) wheel control card, a residual current may build online instructions for sending your within the brake control valve (BCV) driver comments electronically. circuit. This residual current may result in * Mail: Send comments to Docket uncommanded brake pressure during Operations, M-30; U.S. Department of landing. The unsafe condition, if not AD, unless this AD specifies otherwise.

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Transportation, 1200 New Jersey views. Comments are specifically CFR 71.1 on an annual basis. This invited on the overall regulatory, document proposes to amend the Avenue SE, Room W12-140, West aeronautical, economic, environmental, current version of that order, FAA Order Building Ground Floor, Washington, DC and energy-related aspects of the JO 7400.11K, dated August 4, 2025, and 20590-0001. proposal. The most helpful comments effective September 15, 2025. These * Hand Delivery or Courier: Take reference a specific portion of the updates would be published in the next comments to Docket Operations in proposal, explain the reason for any update to FAA Order JO 7400.11. FAA Room W12-140 of the West Building Order JO 7400.11K, which lists Class A, Ground Floor at 1200 New Jersey supporting data. To ensure the docket B, C, D, and E airspace areas, air traffic Avenue SE, Washington, DC, between 9 does not contain duplicate comments, service routes, and reporting points, is a.m. and 5 p.m., Monday through commenters should submit only one publicly available as listed in the Friday, except Federal holidays. time if comments are filed * Fax: Fax comments to Docket ADDRESSES electronically, or commenters should Operations at (202) 493-2251. send only one copy of written Docket: Background documents or The FAA is proposing to establish: (1) comments if comments are filed in comments received may be read at RNAV Route T-583 that would extend writing. www.regulations.gov at any time. between the Laredo (LRD), TX, Very The FAA will file in the docket all Follow the online instructions for comments it receives, as well as a report High Frequency Omnidirectional Range/ accessing the docket or go to the Docket summarizing each substantive public Tactical Air Navigation (VORTAC) and Operations in Room W12-140 of the contact with FAA personnel concerning the Waco (ACT), TX, VORTAC; and (2) West Building Ground Floor at 1200 this proposed rulemaking. Before acting RNAV Route T-585 that would extend New Jersey Avenue SE, Washington, on this proposal, the FAA will consider between the Corpus Christi (CRP), TX, DC, between 9 a.m. and 5 p.m., Monday all comments it receives on or before the VORTAC and the Waco, TX, VORTAC. through Friday, except Federal holidays. closing date for comments. The FAA RNAV Route T-583 would bypass FAA Order JO 7400.11K, Airspace will consider comments filed after the Austin Terminal Radar Approach Designations and Reporting Points, and comment period has closed if it is Control (TRACON) airspace on the west subsequent amendments can be viewed possible to do so without incurring side, and RNAV Route T-585 would online at www.faa.gov/air_traffic/ expense or delay. The FAA may change bypass Austin TRACON airspace on the publications/. You may also contact the this proposal in light of the comments east side. These routes would provide Rules and Regulations Group, Policy it receives. users a more direct and efficient route Directorate, Federal Aviation Privacy: In accordance with 5 U.S.C. structure while reducing the volume of Administration, 600 Independence 553(c), DOT solicits comments from the low altitude aircraft that routinely Avenue SW, Washington, DC 20597; public to better inform its rulemaking overfly the Austin Terminal area, telephone: (202) 267-8783. process. DOT posts these comments, creating potential conflicts with aircraft : without edit, including any personal arriving and departing from AUS. The Ashley Toth, Rules and Regulations information the commenter provides, to northern portion of both routes will Group, Policy Directorate, Federal assist with feeding arrival traffic into Aviation Administration, 600 Austin TRACON airspace and will Independence Avenue SW, Washington, facilitate revised arrival procedures DC 20597; telephone: (202) 267-8783. www.dot.gov/privacy. within the Austin Terminal area. : Availability of Rulemaking Documents The Proposal An electronic copy of this document The FAA is proposing an amendment The FAA's authority to issue rules may be downloaded through the to 14 CFR part 71 to establish RNAV regarding aviation safety is found in internet at www.regulations.gov. Routes T-583 and T-585 in Texas. Title 49 of the United States Code. Recently published rulemaking T-583: T-583 would extend between Subtitle I, Section 106 describes the documents can also be accessed through the Laredo (LRD), TX VORTAC and the authority of the FAA Administrator. the FAA's web page at www.faa.gov/air_ Waco (ACT), TX VORTAC. Subtitle VII, Aviation Programs, traffic/publications/airspace_ T-585: T-585 would extend between describes in more detail the scope of the the Corpus Christi (CRP), TX VORTAC amendments/. agency's authority. This rulemaking is You may review the public docket and the Waco (ACT), TX VORTAC. promulgated under the authority containing the proposal, any comments Regulatory Notices and Analyses described in Subtitle VII, Part A, received and any final disposition in The FAA has determined that this Subpart I, Section 40103. Under that person in the Dockets Operations office proposed regulation only involves an section, the FAA is charged with (see section for address, ADDRESSES established body of technical prescribing regulations to assign the use phone number, and hours of regulations for which frequent and of the airspace necessary to ensure the operations). An informal docket may routine amendments are necessary to safety of aircraft and the efficient use of also be examined during normal keep them operationally current. It, airspace. This regulation is within the business hours at the office of the therefore: (1) is not a ''significant scope of that authority as it would Central Service Center, Federal Aviation regulatory action'' under Executive amend the airway structure as necessary Administration, 10101 Hillwood Order 12866; (2) is not a ''significant to preserve the safe and efficient flow of Parkway, Fort Worth, TX 76177. rule'' under DOT Order 2100.6B, air traffic within the National Airspace Incorporation by Reference ''Rulemaking and Guidance Procedure'' System. (March 10, 2025); and (3) does not United States Area Navigation Routes warrant preparation of a regulatory are published in paragraph 6011 of FAA The FAA invites interested persons to Order JO 7400.11, Airspace evaluation as the anticipated impact is so minimal. Since this is a routine participate in this rulemaking by Designations and Reporting Points, matter that will only affect air traffic submitting written comments, data, or which is incorporated by reference in 14

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List of Subjects in 14 CFR Part 71 procedures and air navigation, it is Authority: 49 U.S.C. 106(f), 106(g), 40103, certified that this proposed rule, when 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Airspace, Incorporation by reference, 1959-1963 Comp., p. 389. promulgated, will not have a significant Navigation (air).

§ 71.1 [Amended] number of small entities under the ■ 2. The incorporation by reference in In consideration of the foregoing, the criteria of the Regulatory Flexibility Act. 14 CFR 71.1 of FAA Order JO 7400.11K, Environmental Review proposes to amend 14 CFR part 71 as Airspace Designations and Reporting follows: Points, dated August 4, 2025, and This proposal will be subject to an effective September 15, 2025, is environmental analysis in accordance PART 71--DESIGNATION OF CLASS A, amended as follows: with FAA Order 1050.1G, ''FAA B, C, D, AND E AIRSPACE AREAS; AIR National Environmental Policy Act TRAFFIC SERVICE ROUTES; AND Paragraph 6011 United States Area Implementing Procedures'' prior to any REPORTING POINTS Navigation Routes FAA final regulatory action. * * * * * ■ 1. The authority citation for 14 CFR part 71 continues to read as follows:

T-583 Laredo, TX (LRD) to Waco, TX (ACT) [NEW]

Laredo, TX (LRD) VORTAC (lat. 27°28′43.45″ N, long. 099°25′03.64″ W) Cotulla, TX (COT) VORTAC (lat. 28°27′43.26″ N, long. 099°07′06.76″ W) MILET, TX FIX (lat. 28°43′49.68″ N, long. 098°47′52.53″ W) San Antonio, TX (SAT) VORTAC (lat. 29°38′38.51″ N, long. 098°27′40.74″ W) LICOR, TX WP (lat. 30°06′36.28″ N, long. 098°11′36.60″ W) GAFAS, TX WP (lat. 30°43′08.19″ N, long. 098°02′32.52″ W) VICCS, TX WP (lat. 31°08′19.57″ N, long. 097°22′34.43″ W) Waco, TX (ACT) VORTAC (lat. 31°39′44.03″ N, long. 097°16′08.45″ W)

T-585 Corpus Christi, TX (CRP) to Waco, TX (ACT) [NEW]

VORTAC (lat. 27°54′13.56″ N, long. 097°26′41.57″ W) Corpus Christi, TX (CRP) SSUNN, TX WP (lat. 30°02′14.13″ N, long. 097°07′51.19″ W) COAST, TX WP (lat. 30°29′38.73″ N, long. 097°07′55.99″ W) DDARK, TX WP (lat. 30°39′52.93″ N, long. 097°12′53.36″ W) VICCS, TX WP (lat. 31°08′19.57″ N, long. 097°22′34.43″ W) Waco, TX (ACT) VORTAC (lat. 31°39′44.03″ N, long. 097°16′08.45″ W)

specific to the rule, revising ''Written Comments'' heading of the * * * * * unnecessarily restrictive or duplicative Issued in Washington, DC, on April 21, language, adding a streamlined process this document. 2026. for modifications to vapor recovery : Alex W. Nelson, systems at gasoline dispensing facilities Steven Brown, Environmental Manager, Rules and Regulations Group. and thereby eliminating the associated Protection Agency, Region 7 Office, Air [FR Doc. 2026-07973 Filed 4-22-26; 8:45 am] permitting requirement, and clarifying Quality Planning Branch, 11201 Renner rule language on testing and reporting. Boulevard, Lenexa, Kansas 66219; The revisions make this provision telephone number: (913) 551-7718; consistent with a similar rule that is email address: brown.steven@epa.gov applicable to the Kansas City area and : AGENCY regulates the same type of facilities. Throughout this document ''we,'' ''us,'' These revisions do not interfere with the and ''our'' refer to the EPA.

[EPA-R07-OAR-2025-3822; FRL-13146- (NAAQS). The EPA's proposed approval 01-R7] I. Written Comments of this rule revision is being done in II. What is being addressed in this document? Air Plan Approval; Missouri; Control of accordance with the requirements of the III. Have the requirements for approval of a Emissions During Petroleum Liquid Clean Air Act (CAA). SIP revision been met? Storage, Loading, and Transfer DATES

1. Statutory and Executive Order Reviews AGENCY ADDRESSES I. Written Comments identified by Docket ID No. EPA-R07- ACTIONOAR-2025-3822 to https:// Submit your comments, identified by

Docket ID No. EPA-R07-OAR-2025- SUMMARY3822, at https://www.regulations.gov. Agency (EPA) is proposing to approve revisions to the Missouri State Instructions: All submissions received Implementation Plan (SIP) related to the must include the Docket ID No. for this edited or removed from Regulations.gov. control of emissions during petroleum rulemaking. Comments received will be The EPA may publish any comment liquid storage, loading and transfer in received to its public docket. Do not the St. Louis area. The revisions to this www.regulations.gov, including any submit electronically any information rule include revising the tank size personal information provided. For you consider to be Confidential threshold applicability of the rule, detailed instructions on sending adding incorporations by reference to comments and additional information other state rules, adding definitions on the rulemaking process, see the restricted by statute. Multimedia

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submissions (audio, video, etc.) must be public notice on this SIP revision from Thus, in reviewing SIP submissions, accompanied by a written comment. August 1, 2018, to October 4, 2018, and EPA's role is to approve state choices, held a public hearing on September 27, The written comment is considered the

1. Missouri received twenty-nine official comment and should include the CAA. Accordingly, this action (29) comments from seven sources discussion of all points you wish to merely approves state law as meeting during the comment period on 10 CSR make. The EPA will generally not Federal requirements and does not 10-5.220. The EPA provided three consider comments or comment impose additional requirements beyond comments. Missouri included contents located outside of the primary those imposed by state law. For that additional clarification to EPA by submission (i.e., on the web, cloud, or reason, this action: submitting supplemental information on other file sharing system). For August 1, 2019, to clarify and answer questions EPA made during the comment period. Missouri responded to all comments and revised the rule based on some of the public comments made, as noted in the State submission 14192 (90 FR 9065, February 6, 2025) https://www.epa.gov/dockets/ included in the docket for this action. because SIP actions are exempt from As explained above and in more detail review under Executive Order 12866: II. What is being addressed in this in the technical support document, document? which is part of this docket, the revision The EPA is proposing to approve a meets the substantive SIP requirements SIP revision submitted by the State of of the CAA, including section 110 and Missouri on March 7, 2019, and implementing regulations. supplemented on August 1, 2019. The revisions are to Title 10, Division 10 of the Code of State Regulations (CSR), The EPA is proposing to amend the 5.220 ''Control of Emissions During Missouri SIP by approving the State's Petroleum Liquid Storage, Loading and request to revise 10 CSR 10-5.220 Transfer''. The purpose of the state ''Control of Emissions During Petroleum regulation is to restrict volatile organic Liquid Storage, Loading and Transfer.'' compound (VOC) emissions from the We are processing this as a proposed handling of petroleum liquids to reduce action because we are soliciting hydrocarbon emissions in the St. Louis comments on this proposed action. metropolitan area that contribute to the Final rulemaking will occur after formation of ozone. Missouri made consideration of any comments. multiple revisions to the rule. These 1999); revisions change the applicability In this document, the EPA is threshold of the smaller tank size proposing to include regulatory text in subject to the rule from 500-1,000 because it approves a state program; an EPA final rule that includes gallon tanks to 550-1,000 gallon tanks, eliminate the permitting requirement by adding a streamlined procedural process 51.5, the EPA is proposing to finalize for modifications to vapor recovery the incorporation by reference of the systems at gasoline dispensing facilities, Missouri rule 10 CSR 10-5.220 clarify rule language on testing and reporting, update incorporations by discussed in section II. of this preamble and as set forth below in the proposed reference to other state rules, add amendments to 40 CFR part 52. The definitions specific to the rule, revise purpose of this state regulation is to unnecessarily restrictive or duplicative restrict VOC emissions from the language, and make administrative or in any other area where EPA or an handling of petroleum liquids to reduce structure and wording changes. The Indian Tribe has demonstrated that a hydrocarbon emissions in the St. Louis EPA proposes to find that these revisions meet the requirements of the metropolitan area that contribute to the formation of ozone. The EPA has made, CAA and do not interfere with the and will continue to make, these materials generally available through NAAQS. The full text of the rule revisions as well as EPA's analysis of https://www.regulations.gov and at the EPA Region 7 Office (please contact the the revisions can be found in the

technical support document (TSD) included in this docket.

1. Have the requirements for approval of a SIP revision been met? VI. Statutory and Executive Order Reviews Incorporation by reference, The State submission has met the public notice requirements for SIP submissions in accordance with 40 CFR required to approve a SIP submission 51.102. The submission also satisfied that complies with the provisions of the the completeness criteria of 40 CFR part CAA and applicable Federal regulations. 51, appendix V. The State provided 42 U.S.C. 7410(k); 40 CFR 52.02(a).

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Subpart AA--Missouri Dated: April 10, 2026.

James Macy, ■ 2. In § 52.1320, the table in paragraph Regional Administrator, Region 7. (c) is amended by revising the entry ''10-5.220'' to read as follows: preamble, the EPA proposes to amend § 52.1320 Identification of plan. 40 CFR part 52 as set forth below: * * * * * (c) * * *

EPA-A R PPROVED ISSOURI EGULATIONS

State Missouri Title effective EPA approval date Explanation citation date Missouri Department of Natural Resources ***** Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area ******* 3/30/2019 [Date of publication of the final rule in the Federal 10-5.220 ........... Control of Emissions During Petro- Register], 91 FR [Federal Register page where the leum Liquid Storage, Loading and**

MTransfer. document begins of the final rule]. *******

• * * * * EPA-R05-OAR-2025-0235 (for NO Michigan nonattainment areas under the X RACT) at https://www.regulations.gov, 2015 ozone standard. In response to a [FR Doc. 2026-07906 Filed 4-22-26; 8:45 am] request in a public comment, the EPA or via email to arra.sarah@epa.gov. Additional instructions to comment can is reopening the comment period for 30 be found in the notice of proposed days. rulemaking published February 27, 2026 Dated: April 13, 2026. AGENCY (91 FR 9793). Anne Vogel, : 40 CFR PART 52 Regional Administrator, Region 5. Katie Caskey, Air and Radiation [FR Doc. 2026-07905 Filed 4-22-26; 8:45 am] Division (AR-18J), Environmental [EPA-R05-OAR-2024-0137; EPA-R05- OAR-2025-0235; FRL-13185-03-R5] Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois Air Plan Approval; Michigan; 2015 60604, telephone number: (312) 353- Ozone Moderate Reasonably Available 3490, email address: caskey.kathleen@ AGENCY Control Technology epa.gov.

40 CFR Parts 52 and 81 AGENCY: On

February 27, 2026 (91 FR 9793), the EPA [EPA-R08-OAR-2024-0001; FRL-13312- : Proposed rule; reopening of proposed to approve revisions and 01-R8] ACTIONpublic comment period. additions to Michigan Air Pollution Utah; Uinta Basin; 2015 8-Hour Ozone Control Rules (MAPCR) Parts 6 and 8 for National Ambient Air Quality Standard; SUMMARYinclusion in the Michigan State Agency (EPA) is reopening the comment Reconsideration and Repeal of Finding Implementation Plan (SIP). Michigan period for a proposed rule published of Failure To Attain and submitted these SIP revisions to meet February 27, 2026. Comments on the Reclassification to a Moderate the Moderate Volatile Organic proposed rule were required to be Nonattainment Area; Extension of the Compound and Nitrogen Oxide received on or before March 30, 2026. In Attainment Date and Determination of Reasonably Available Control response to a request in a public Attainment by the Marginal Attainment Technology (RACT) requirements for comment, the EPA is reopening the Date the Western Michigan nonattainment comment period for the proposed action areas (Berrien, Western portion of AGENCYfor 30 days. Allegan, and Western portion of : The comment period for the Muskegon counties) under the 2015 DATES : Proposed rule; reconsideration ACTIONproposed rule published in the Federal ozone National Ambient Air Quality of final rule. Register on February 27, 2026, at 91 FR Standard. The EPA also proposed to 9793 is being reopened. Comments must : The U.S. Environmental approve MAPCR Rules that limit VOC SUMMARYbe received on or before May 26, 2026. emissions from consumer products and Protection Agency (EPA or Agency) is architectural and industrial proposing to repeal the December 16, ADDRESSESidentified by Docket ID No. EPA-R05- maintenance coatings, as SIP 2024 final rule in which we denied a strengthening measures for the Western OAR-2024-0137 (for VOC RACT) or request by the State of Utah (State) and

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the Ute Indian Tribe of the Uintah and 1997, and 2008. On October 26, 2015, Ouray Reservation (Ute Indian Tribe or will be publicly available only in hard the EPA revised the NAAQS for ozone Tribe) for an extension of the attainment copy. Publicly available docket to establish new 8-hour standards. In 5date for the Uinta Basin (UB), Utah materials are available electronically in that action, the EPA promulgated Marginal nonattainment area (NAA) https://www.regulations.gov. Please identical revised primary and secondary under the 2015 ozone National Ambient email or call the person listed in the ozone standards designed to protect FORAir Quality Standard (NAAQS), section if public health and welfare that specified determined that the area failed to attain you need to make alternative an 8-hour ozone level of 0.070 parts per the Clean Air Act (CAA) 2015 ozone million (ppm). arrangements for access to the docket. Specifically, the 6NAAQS by the applicable Marginal standards require that the 3-year average : attainment date of August 3, 2022, and of the annual fourth highest daily Amanda Brimmer, Air and Radiation reclassified the area by operation of law maximum 8-hour average ozone Division, EPA, Region 8, Mailcode to a Moderate ozone NAA. The EPA is concentration (i.e., the design value 8ARD-AQ-R, 1595 Wynkoop Street, also reproposing to grant the second 1- (DV)) may not exceed 0.070 ppm. Denver, Colorado 80202-1129, 7year extension of the Marginal Further, while the ozone NAAQS is telephone number: (303) 312-6323, attainment date from August 3, 2022 to expressed in units of ppm, ozone is also email address: brimmer.amanda@August 3, 2023 and to determine that discussed in terms of parts per billion epa.gov. the area attained the 2015 ozone (ppb), with 0.001 ppm equaling 1 ppb. 8 : NAAQS based on certified ozone Section 107(d) of the CAA provides Organization of this document. monitoring data from 2020-2022. If we that when the EPA promulgates a new Throughout this document the use of finalize this proposed action, the UB or revised NAAQS, the Agency must ''we,'' ''us,'' or ''our'' is intended to refer area would no longer be subject to the designate areas of the country as to the EPA. The information in this CAA requirements pertaining to nonattainment, attainment, or preamble is organized as follows: reclassification upon failure to attain unclassifiable based on whether an area and therefore would remain classified as is not meeting (or is contributing to air a Marginal NAA for the 2015 ozone quality in a nearby area that is not NAAQS. meeting) the NAAQS, meeting the II. Legal Authority NAAQS, or cannot be classified as DATES meeting or not meeting the NAAQS, received on or before May 26, 2026. IV. Tribal Consultation Subpart 2 of Part D of V. Statutory and Executive Order Reviews 9ADDRESSES Title I of the CAA governs the identified by Docket ID No. EPA-R08- classification, state planning, and OAR-2024-0001 to the Federal Ground-level ozone pollution is emission control requirements for any Rulemaking Portal: https:// formed from the reaction of volatile organic compounds (VOC) and nitrogen 44 FR 8202 (February 8, 1979), 62 FR 38856 4 ) in the presence of oxides (NO (July 18, 1997), and 73 FR 16436 (March 27, 2008). X sunlight. These two pollutants, referred See footnote 1 in this document. edited or removed from htttps:// 5 40 CFR 50.19. Because the 2015 primary and to as ozone precursors, are emitted by 6www.regulations.gov. The EPA may secondary NAAQS for ozone are identical, for many types of sources, including on- publish any comment received to its convenience, the EPA refers to them in the singular road and non-road motor vehicles and public docket. Do not submit as ''the 2015 ozone NAAQS'' or as ''the standard.'' engines, industrial facilities, and A design value is a statistic used to compare electronically any information you 7 smaller area sources such as lawn and data collected at an ambient air quality monitoring consider to be Confidential Business site to the applicable NAAQS to determine garden equipment and paints. Scientific Information (CBI) or other information compliance with the standard. The design value for evidence indicates that adverse public the 2015 ozone NAAQS is the 3-year average of the health effects occur following exposure annual fourth highest daily maximum 8-hour Multimedia submissions (audio, video, to ground-level ozone pollution. average ozone concentration. The design value is etc.) must be accompanied by a written 1 calculated for each air quality monitor in an area Exposure to ozone can harm the comment. The written comment is and the area's design value is the highest design respiratory system (the upper airways considered the official comment and value among the individual monitoring sites in the and lungs), can aggravate asthma and area. According to appendix U to 40 CFR part 50, should include discussion of all points other lung diseases, and is linked to ambient monitoring sites with a DV of 0.070 ppm you wish to make. The EPA will or less must meet minimum data completeness premature death from respiratory generally not consider comments or requirements in order to be considered valid. These causes. People most at risk from comment contents located outside of the requirements are met for a 3-year period at a site breathing air containing ozone include if daily maximum 8-hour average ozone primary submission (i.e., on the web, people with asthma, children, older concentrations are available for at least 90% of the cloud, or other file sharing system). For days within the ozone monitoring season, on adults, and people who are active average, for the 3-year period, with a minimum of outdoors, especially outdoor workers. at least 75% of the days within the ozone 2 Under CAA section 109, the EPA monitoring season in any 1-year. Ozone monitoring promulgates NAAQS (or ''standards'') seasons are defined for each State in appendix D to 40 CFR part 58. DVs greater than 0.070 ppm are for ''each air pollutant for which air considered to be valid regardless of the data quality criteria have been issued. . . .'', https://www.epa.gov/dockets/ completeness. such as ozone. The EPA has previously The data handling convention in 40 CFR part 3 8 promulgated NAAQS for ozone in 1979, 50, appendix U dictates that concentrations shall be Docket: All documents in the docket reported in ''ppm'' to the third decimal place, with are listed in the https:// additional digits to the right being truncated. Thus, www.regulations.gov index. Although 80 FR 65296 (October 26, 2015). a computed 3-year average ozone concentration of 1 EPA Fact Sheet--Ozone and Health, available at 0.071 ppm is greater than 0.070 ppm and would 2 exceed the standard, but a design value of 0.0709 https://www.epa.gov/sites/default/files/2016-04/ not publicly available, e.g., CBI or other documents/20151001healthfs.pdf and in the docket is truncated to 0.070 and attains the 2015 ozone for this action. NAAQS. 42 U.S.C. 7409. 42 U.S.C. 7407(d). 3 9

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areas designated as nonattainment for a regulations at 40 Code of Federal set classification thresholds and Regulations (CFR) 51.1308 through revised primary ozone NAAQS. In attainment dates based on each NAAs 51.1317, sets for air agencies to submit particular, CAA section 181(a)(1) also ozone DV. The EPA established the 13 and implement State Implementation requires the EPA to classify each ozone attainment date for Marginal, Moderate, Plan (SIP) revisions to satisfy the and Serious NAAs as 3 years, 6 years, NAA at the time of designation, based applicable attainment planning and 9 years, respectively, from the on the extent of the ozone problem in elements. These provisions also effective date of designations. Thus, the the area (based on the area's DV). 10 establish the timeframes by which attainment date for the UB ozone NAA Classifications for ozone NAAs range NAAs must attain the 2015 ozone was August 3, 2021, which was to be from Marginal to Extreme. CAA section NAAQS. calculated using monitored ozone data 182 provides the specific attainment Effective on August 3, 2018, the EPA from 2018-2020. Applicable SIP planning requirements that apply to designated 51 areas throughout the 14 requirements for Marginal ozone NAAs each ozone NAA based on its country, including the UB in Utah, as CAA section 182, as are provided in table 1 of this classification. 11interpreted in the EPA's implementation document. NAAQS. In a separate action, the EPA 15 12

1--R SIP E U 2015 O NAAQS TABLE TEQUIRED MLEMENTS FOR MARGINAL VONATTAINMENT NREAS DNDER THE AZONE

Marginal SIP elements CAA section Base year emissions inventory ............................................................... [172(c)(3); 182(a)(1); 40 CFR 51.1315(b)]. 1Certified Nonattainment New Source Review (NNSR) .......................... [172(c)(5); 182(a)(4); 40 CFR 51.1314]. 2Emissions Statement.............................................................................. [182(a)(3)(B)]. 2

See 86 FR 35405 (July 6, 201). 1See 87 FR 24275 (April 25, 2022). 2

The UB ozone NAA, initially have extended the Marginal attainment met, per 40 CFR 51.1307(a)(1). 18classified as Marginal for the 2015 date from August 3, 2022 to August 3, Namely, these criteria include ozone NAAQS, was granted a 1-year 2023. In response to the State's and submitting all Marginal area SIP attainment date extension under CAA Tribe's requests, on April 10, 2024, the elements to the EPA and having section 181(a)(5) in October 2022 which EPA published a notice of proposed certified ozone monitoring data for was requested by both the State and rulemaking, based on certified ozone specific years that are all at or below the monitoring information through 2022, to Tribe. This extended the attainment CAA established thresholds. This 16date from August 3, 2021 to August 3, grant the requests for a second 1-year conclusion was based on a two-year

1. Because DVs are based on the Marginal attainment date extension and average fourth highest daily maximum three most recent, complete calendar determine that the area attained by the 8-hour concentration of 0.069 ppm for new attainment date.years of data preceding the attainment While the EPA the years 2020 and 2021. 17 19date, attainment must occur no later concluded that the area did not attain Additionally, certified data through than December 31 of the year before the the 2015 ozone NAAQS by the Marginal December 31, 2022, showed that the attainment date (i.e., December 31, area attainment date of August 3, 2022, three-year average for 2020-2022 was 2021, in the case of the UB Marginal based on a final 2019-2021 DV of 0.078 0.067 ppm, which is attaining the 2015 NAA for the 2015 ozone NAAQS). ppm, and as required per CAA section ozone NAAQS (see table 2 of this On March 29, 2022 and December 20, 181(b)(2)(A), we did conclude in both document). Further, Utah certified that 2022, respectively, the State and Tribe our April 10, 2024 proposal and they complied with all requirements requested a second 1-year extension December 16, 2024 final rule that the and commitments pertaining to this area under CAA section 181(a)(5) of the eligibility criteria for a state to request in their approved implementation plan Marginal attainment date which would an attainment date extension had been and monitoring data completeness. 20

2--O U C , U ABLE ZONE ONITORING ALUES FOR UCHESNE AND INTAH OUNTIES TAH

4th Highest daily max (ppm) 21 County AQS site ID Average Average Average 2019 2020 2021 2022 2020-2021 2019-2021 2020-2022 Max 4th Max 0.098 0.066 0.072 0.069 0.078 0.066 0.067 A B CDuchesne ..................... 490130002 0.087 0.063 0.072 .................... 0.074 0.066 0.067

Duchesne ..................... 490137011 0.079 0.064 0.069 .................... 0.070 0.066 0.066

Uintah ........................... 490471002 0.070 0.063 0.068 .................... 0.067 0.063 0.064

42 U.S.C. 7511(a)(1). 89 FR 101483 (December 16, 2024). See also 2021 ozone values at the two key monitors in the 10 18 EPA's Response to Comments in the accompanying region (AQS Site 490472002 which had 4th highest 42 U.S.C. 7511a. 11 docket to the final rule. daily maximum 8-hour value for 2020 at 0.066 ppm, 83 FR 25776 (June 4, 2018). 12 To request a second 1-year extension, an area's and Air Quality System (AQS) Site 490472003 83 FR 10376 (March 9, 2018). 1913 4th highest daily maximum 8-hour value, averaged which had 4th highest daily maximum 8-hour value See footnote 12 in this document. 14 over both the original attainment year and the first for 2021 at 0.072 ppm, which averaged is 0.069 See, e.g., CAA sections 172(c) (42 U.S.C. 7502) extension year, must be 0.070 ppm or less (40 CFR 15 ppm). and 182 (42 U.S.C. 7511a). 51.1307(a)(2)). As of July 18, 2022, the Uinta Basin See letter dated March 30, 2022, from UDEQ See footnote 12 in this document. See also 87 area's certified 2020 and 2021 ozone data show that 2016FR 60897 (October 7, 2022). Executive Director Kim Shelley to U.S. EPA Region the maximum two-year average design value for 89 FR 25223 (April 10, 2024). 2020-2021 is 0.069 ppm. This is based on 2020 and 8 Regional Administrator KC Becker. 17

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21756 2--O M V D U C , U ABLE ZONE ONITORING ALUES FOR UCHESNE AND INTAH OUNTIES TAH

4th Highest daily max (ppm) 21 County AQS site ID Average Average Average 2019 2020 2021 2022 2020-2021 2019-2021 2020-2022

TUintah ........................... 490471004 0.065 0.063 0.068 .................... 0.065 0.063 0.064

Uintah ........................... 490472002 0.074 0.066 0.071 .................... 0.070 0.062 0.066

Uintah ........................... 490472003 0.098 0.065 0.072 .................... 0.078 0.064 0.067

Uintah ........................... 490477022 0.067 0.065 0.068 .................... 0.066 0.062 0.065

Basis for 1st 1-year extension (CAA section 181(a)(5) and 40 CFR 51.1307(a)(1)). ABasis for 2nd 1-year extension (CAA section 181(a)(5) and 40 CFR 51.1307(a)(2)). BBasis for Determination of Attainment by the Attainment Date (DAAD) (181(b)(2)(A) of the CAA and 40 CFR 51.1303). C

As part of the December 2024 review the 2024 final rule were filed as it offers a reasonable basis for doing rulemaking, the EPA held a public with the 10th Circuit Court of Appeals so and considers applicable reliance comment period that closed on May 9, by the State on January 22, 2025, the interests. CAA section 181(b)(2)(A) 282024. The EPA received comments from Tribe on February 14, 2025, UPA on provides that, within six months nine commenters, with two in support January 21, 2025, and Seven County following the applicable attainment and seven in opposition. Two themes Infrastructure Coalition on January 30, date, the EPA must determine whether 22dominated the opposing comments: 2025. On February 25, 2025, the EPA an ozone NAA attained the ozone high 2023 ozone values and granted the petitions for reconsideration standard based on the area's DV as of environmental justice (EJ) concerns. and stated our intention to undergo a that date. If an area fails to attain by its Consequently, on December 16, 2024, notice-and-comment rulemaking. attainment date and does not receive a 26the EPA published a final rule in the Petitioners also filed motions to stay the 1-year attainment date extension, CAA Federal Register using its discretionary 2024 final rule. The EPA did not oppose section 181(b)(2)(A) requires the EPA to authority under CAA section 181(a)(5) the motions to stay the final rule. On determine that an ozone NAA failed to to deny the request for a second 1-year May 22, 2025, the 10th Circuit Court of attain the ozone standard by the extension and determined that the UB Appeals granted the Petitioners' stay applicable attainment date, and requires ozone NAA failed to attain the 2015 pending the outcome of the the area to be reclassified by operation ozone NAAQS by the August 3, 2022 administrative reconsideration. The of law to the higher of (1) the next 27attainment date. As shown in table 2 practical implication of the judicial stay higher classification; or (2) the 23of this document, two of the seven is that the UB ozone NAA is currently classification corresponding to its DV at regulatory monitors in this area had a classified as Marginal as of the date of the time of the determination. Section 2019-2021 DV greater than the standard this proposal. Petitions and related 181(b)(2)(B) of the CAA requires the of 0.070 ppm. For that reason, the EPA documents and correspondence are EPA to publish the determination of 24reclassified the area to Moderate by included in the docket for this rule (see failure to attain and accompanying operation of law with an effective date https://www.regulations.gov, Docket No. reclassification in the Federal Register of January 15, 2025 and an attainment EPA-R08-OAR-2024-0001). no later than six months after the After reconsidering the December date of August 3, 2024, in the December attainment date, which was February 3, 2024 final rule, the EPA now finds that 16, 2024 final rule. In that action, the 2023, for the UB ozone NAA. Utah sufficiently met the statutory EPA committed to addressing SIP Per CAA section 181(a)(5), the EPA criteria for a second 1-year attainment revision and implementation deadlines has discretion (''the Administrator date extension and the Agency is no for the UB in a separate rulemaking may'') to extend an area's applicable longer exercising its discretion to deny given the attainment date was in the attainment date by one additional year the State's and Tribe's request, which past. upon application by any state if the state Following publication of the 2024 would have imposed additional meets the two criteria under CAA final rule, the EPA received requests for obstacles that Congress did not section 181(a)(5). See also 40 CFR reconsideration from the State on specifically require. 51.1307. This section is intended to February 14, 2025, the Tribe on January II. Legal Authority provide flexibility where an area is close 14, 2025, UPA on February 14, 2025, The statutory authority for the actions to achieving attainment and can likely and the Utah Congressional delegation in this proposed rule is provided by the do so with additional time. Rather than on January 14, 2025. Petitions to 25 CAA, as amended (42 U.S.C. 7401, et require an area to attain the NAAQS by seq.). Relevant portions of the CAA a first extended attainment date, the See footnote 8 of this document for explanation 21 include, but are not necessarily limited provision expressly allows for a regarding truncation of ozone values. to, CAA section 181. Additionally, the maximum of two 1-year extensions for See EPA's response to comments for 2024 final 22 EPA has authority to reconsider and rule, https://www.regulations.gov/document/EPA- a single area. R08-OAR-2024-0001-0023. revise, rescind, and repeal final actions 89 FR 101483 (December 16, 2024). to the extent permitted by law so long 23See footnote 7 of this document. See, e.g., FDA v. Wages & White Lion Invs., 24 28 L.L.C., 604 U.S. 542, 567-68 (2025); FCC v. Fox See Utah v. EPA, No. 11152346 (25-9507) (10th 25 Television Stations, Inc., 556 U.S. 502, 515 (2009) Copies of EPA's responses granting the Cir., January 22, 2025); Utah Petroleum Association 26 (referencing Motor Vehicle Mfrs. Ass'n v. State petitions are provided in Docket ID No. EPA-R08- v. EPA, No. 11152544 (25-9507) (10th Cir., January Farm Mut. Auto. Ins. Co., 463 U.S. 29 (1983)) (an OAR-2024-0001. 21, 2025); Ute Indian Tribe of the Uintah and Ouray agency is free to change a prior policy and ''need Reservation v. EPA, No. 11158988 (25-9525) (10th See State of Utah, Utah Petroleum Association, 27 not demonstrate . . . that the reasons for the new Cir., February 14, 2025); and Seven-County Ute Indian Tribe of the Uintah and Ouray policy are better than the reasons for the old one; Infrastructure Coalition v. EPA, No. 11155255 (25- Reservation, and Seven-County Infrastructure 9513) (10th Cir., January 30, 2025). Copies of the it suffices that the new policy is permissible under Coalition v. U.S. Environmental Protection Agency, the statute, that there are good reasons for it, and petitions are provided in Docket ID No. EPA-R08- No. 25-9507, 25-9508, 25-9513, 25-9525 (10th Cir. OAR-2024-0001. 2025). that the agency believes it to be better'').

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made available since the final action, 181(a)(5)(B) to mean that an area's Under CAA section 181(a)(5), the first fourth highest daily maximum 8-hour including certified 2024 and criterion is satisfied if a state can value, averaged over both the original preliminary 2025 ozone monitoring data demonstrate that it is in compliance attainment year and the first extension also supports the EPA's proposal to with its approved SIP. See Delaware year, must be no greater than 0.070 retain the area's Marginal nonattainment Dept. of Nat. Resources and Envtl. ppm. classification.Control v. EPA, 895 F.3d 90, 101 (D.C. 29Cir. 2018) (holding that the CAA Table 3 of this document provides a requires only that an applying state with summary of the data from the UB ozone This action addresses the UB ozone jurisdiction over a NAA comply with NAA relevant to the area demonstrating NAA, which includes portions of the requirements in its applicable SIP, attainment by the Marginal attainment Duchesne and Uintah Counties in Utah. not every requirement of the Act). A date. While the 2019-2021 DV does not This notice-and-comment rulemaking state may meet this requirement by show attainment, the two-year average arises out of the EPA's February 25, certifying its compliance, and in the of 2020-2021 qualifies the UB ozone 2025 granting of petitions for absence of such certification, the EPA NAA for a second 1-year attainment reconsideration of the December 16, may determine whether the criterion date extension. Thus, the EPA is also 2024 final rule submitted by the State, 30has been met. See Delaware, 895 F.3d at proposing to grant the second 1-year Tribe, UPA, and Utah's Congressional 101-102. extension from August 3, 2022, to delegation. After reconsideration and The second criterion, as it applies to August 3, 2023. Consequently, based on review of additional technical a second 1-year extension, is that the the 2020-2022 DV, the region did not information available at the time of the area's fourth highest daily maximum 8- exceed 0.070 ppm, and the EPA is 2024 action, the EPA is proposing to hour value, averaged over both the therefore also proposing to find that the repeal the December 16, 2024 final rule. original attainment year and the first UB ozone NAA attained by the new That rule found the UB ozone NAA extension year, must be no greater than attainment date of August 3, 2023. The failed to attain by August 3, 2022, and the level of that NAAQS. With respect EPA requests comment on these reclassified the area as Moderate by to the second criterion, for the 2015 proposed actions. See the section operation of law. The repeal would DATESozone NAAQS the EPA has interpreted in this document for deadline to submit retain the area's Marginal nonattainment the air quality criterion of CAA section classification. Technical information comments.

3--U B 2015 O NAAQS M N A E S ABLE INTA ASIN ZONE ARGINAL ONATTAINMENT REA VALUATION UMMARY 31

Area failed to attain 2015 Area failed to attain 2015 NAAQS but state requested NAAQS but state requested 2020-2021 average 2015 NAAQS attained 2nd 1-year attainment date 2018-2020 1-year attainment date exten-2019-2021 DV 4th highest daily max- 2020-2022 DV by the 2nd 1-year extension based on average (ppm) sion based on the 2020 4th (ppm) imum 8-hr average (ppm) attainment date 2020-2021 4th highest daily highest daily maximum 8-hr (ppm) extension maximum 8-hr average average ≤0.070 ppm ≤0.070 ppm 0.076 Yes 0.078 0.069 Yes 0.067 Yes

This proposed determination of NAA under the 2015 ozone NAAQS and should consider them in taking any final attainment by the attainment date action on this proposal. must continue to meet the planning would not constitute formal requirements specified in CAA section IV. Tribal Consultation redesignation to attainment as provided 182(a). In accordance with the EPA Policy on for under CAA section 107(d)(3). The EPA seeks comment on all Consultation and Coordination with Redesignations to attainment require, aspects of the proposed actions Indian Tribes, the EPA offered an among other things, that the states described in this preamble, including opportunity for consultation to the Tribe responsible for ensuring attainment and with respect to our statutory authority to prior to this proposed EPA action (see maintenance of the NAAQS have met reconsider and repeal the December 16, section V.G. of this document).the applicable requirements under CAA 32 2024 final rule and any changes in section 110 and part D, and to submit V. Statutory and Executive Order interpretation and policy relevant to the EPA for approval a maintenance Reviews thereto. Because this action would, if plan to ensure continued attainment of finalized, relieve certain obligations for the standard for 10 years following the State of Utah, we do not believe Planning and Review and Executive redesignation, as provided under CAA Order 13563: Improving Regulation and there are reasonable and cognizable section 175A. Regulatory Review reliance interests that would be If the EPA takes final action adversely impacted by finalizing this determining that the UB ozone NAA This action is not a significant action as proposed. Nevertheless, we attained the 2015 ozone NAAQS by the regulatory action and was therefore not seek comment on whether such reliance revised attainment date of August 3, submitted to the Office of Management interests exist and, if so, how the EPA 2023, the UB will remain a Marginal and Budget (OMB) for review.

Preliminary 2025 data indicated that a potential can be found at EPA's Outdoor Air Quality Data, due to quality assurance activities. The AQS 29 Monitor Values Report, https://www.epa.gov/ ozone exceedance occurred at the Roosevelt database is updated by state, local, and Tribal outdoor-air-quality-data/monitor-values-report. monitor on April 21, 2025. This event has been organizations who own and submit the data. These are Air Data reports are produced from a flagged in the EPA's Air Quality System (AQS) as See EPA Policy on Consultation and 32 direct query of the Air Quality System (AQS) Data a potential stratospheric intrusion event. Coordination with Indian Tribes, December 7, 2023, Mart. The data represent the best and most recent See footnote 21 of this document. https://www.epa.gov/sites/default/files/2013-08/ information available to EPA from state agencies. 30The 1st through 4th highest 8-hour average documents/cons-and-coord-with-indian-tribes- However, some values may be absent due to 31ozone concentrations at each monitor for each year incomplete reporting, and some values may change policy.pdf.

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costs on federally recognized Tribal B. Executive Order 14192: Unleashing governments, nor preempt Tribal law. AGENCY The EPA provided an opportunity for Executive Order 14192 does not apply 40 CFR Part 62 consultation with Tribal officials early because a determination of attainment is in this rulemaking under our Policy on an air quality designation which is [EPA-R04-OAR-2025-1180; FRL-12940- Consultation and Coordination with exempted from review under Executive 01-R4] Indian Tribes. The goal is to ensure Order 12866. meaningful and timely input. The Tribe Kentucky; Approval and Promulgation C. Paperwork Reduction Act (PRA) may request consultation and/or submit of State Plan for Designated Facilities comments to the EPA at any point and Pollutants; Control of Emissions This rule does not impose an during the rulemaking process, From Existing Municipal Solid Waste information collection burden under the including during the public comment PRA. This action does not contain any Landfills period. information collection activities. AGENCYH. Executive Order 13045 Protection of D. Regulatory Flexibility Act (RFA) Children From Environmental Health I certify that this action will not have ACTIONand Safety Risks EPA interprets Executive Order 13045 SUMMARY Agency (EPA) is proposing to approve as applying only to those regulatory under the RFA (5 U.S.C. 601 et seq.). the Clean Air Act (CAA or Act) section actions that concern environmental This action will not impose any 111(d) State Plan submitted by the health or safety risks that EPA has requirements on small entities. A CAA Commonwealth of Kentucky reason to believe may determination of attainment by the (Commonwealth) through the Kentucky disproportionately affect children, per attainment date, and reclassification of Energy and Environment Cabinet the definition of ''covered regulatory the UB ozone NAA, will not in and of (Cabinet) via a letter dated June 11, action'' in section 2-202 of the 2024, for implementing and enforcing Executive Order. This action is not beyond what is mandated by the CAA. the Emissions Guidelines (EG) and subject to Executive Order 13045 This action would not itself directly Compliance Times applicable to because it does not establish an regulate any small entities. existing municipal solid waste (MSW) environmental standard intended to E. Unfunded Mandates Reform Act landfills (hereinafter ''State Plan'' or mitigate health or safety risks. (UMRA) ''MSW Landfill State Plan''). The State I. Executive Order 13211 Actions That This action does not contain an Plan provides for implementation and Significantly Affect Energy Supply, enforcement of the EG, as finalized by unfunded mandate as described in Distribution, or Use UMRA, 2 U.S.C. 1531-1538 and does EPA on August 29, 2016, applicable to not significantly or uniquely affect small existing MSW landfills that commenced Order 13211 because it is not a construction, modification, or governments. The action implements significant regulatory action under mandates specifically and explicitly set reconstruction on or before July 17, forth in the CAA without policy 2014. The State Plan establishes discretion by the EPA. emission limits, monitoring, operating, J. National Technology Transfer and recordkeeping, and reporting Advancement Act (NTTAA) F. Executive Order 13132 Federalism requirements for affected MSW This rulemaking does not involve This action does not have federalism landfills. technical standards. implications. It will not have substantial DATESdirect effects on the states, on the relationship between the national government and the states, or on the ADDRESSES identified by Docket ID No. [EPA-R04- OAR-2025-1180] at https://pollution control, Ammonia, Carbon levels of government. The division of oxides, Incorporation by reference, responsibility between the Federal government and the states for purposes Nitrogen oxides, Ozone, Reporting and edited or removed from Regulations.gov. of implementing the NAAQS is recordkeeping requirements, Sulfur EPA may publish any comment received established under the CAA. oxides, and Volatile organic to its public docket. Do not submit compounds. G. Executive Order 13175 Consultation electronically any information you and Coordination With Indian Tribal 40 CFR Part 81 consider to be confidential business Governments information (CBI) or other information Environmental protection, Executive Order 13175 requires EPA Administrative practice and procedure, to develop an accountable process to Multimedia submissions (audio, video, Air pollution control, Intergovernmental ensure ''meaningful and timely input by etc.) must be accompanied by a written relations, Nitrogen oxides, Ozone, Tribal officials in the development of comment. The written comment is regulatory policies that have Tribal considered the official comment and requirements, Sulfur oxides, and implications.'' This action has Tribal should include discussion of all points Volatile organic compounds. implications, because it proposes you wish to make. EPA will generally Dated: April 14, 2026. actions that will affect the ozone not consider comments or comment Cyrus M. Western, classification of a large area of Indian contents located outside of the primary country within the Uintah and Ouray submission (i.e., on the web, cloud, or Regional Administrator, Region 8. Reservation. However, it will neither other file sharing system). For [FR Doc. 2026-07904 Filed 4-22-26; 8:45 am] impose substantial direct compliance

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FR 59332; 81 FR 59276). The 2016 EG Document (TSD), located in the docket for this rulemaking. revision updated the control The Kentucky MSW Landfill State requirements and monitoring, reporting, Plan submittal package includes all and recordkeeping provisions for materials necessary to be deemed existing MSW landfills. http://www2.epa.gov/dockets/ administratively and technically The current MSW landfill EG, 40 CFR complete according to the criteria of 40 : part 60, subpart Cf, concerns the CFR 60.27. Included within the Tamara Hayes, Regulatory and regulation of landfill gas and its Kentucky MSW Landfill State Plan are Community Air Toxics Section, Air components, including methane, from regulations under the Kentucky Analysis and Support Branch, Air and MSW landfills for which construction, Administrative Regulations (KAR), Radiation Division, U.S. Environmental reconstruction, or modification was specifically, 401 KAR 61:036, ''Emission Protection Agency, Region 4, 61 Forsyth commenced on or before July 17, 2014. guidelines and compliance times for Street SW, Atlanta, Georgia 30303. Ms. The deadline to submit a state plan to municipal solid waste (MSW) landfills.'' Hayes can be reached via telephone at EPA was May 30, 2017. On May 21, The Commonwealth houses its (404) 562-9582 and via email at 2021, EPA finalized the MSW landfill implementation for the state plan hayes.tamara@epa.gov. Federal Plan in 40 CFR part 62, subpart requirements in this regulation. OOO (86 FR 27756). The MSW landfill : Necessary State legal and enforcement Federal Plan applies to states that do not authorities required for plan approval have an EPA-approved state plan based are located elsewhere in the Section 111 of the CAA, ''Standards of on 40 CFR part 60, subpart Cf. The Commonwealth's regulations and have Performance for New Stationary MSW landfill Federal Plan is currently been reviewed and approved of by EPA, Sources,'' directs EPA to establish in effect in Kentucky. as explained in the TSD. emission standards for stationary The Commonwealth previously sources of air pollution that could submitted an MSW Landfill State Plan, potentially endanger public health or EPA is proposing to approve the adopting 40 CFR part 60, subpart Cc, welfare. These standards are referred to Kentucky MSW Landfill State Plan that was approved by EPA on April 20, as New Source Performance Standards submitted by the Cabinet pursuant to 40 1999 (64 FR 19290), and took effect on (NSPS). Section 111(d) addresses the CFR part 60, subparts B and Cf. June 21, 1999. To fulfill the obligation process by which EPA and states Therefore, EPA is proposing to amend under CAA section 111(d) to submit a regulate standards of performance for 40 CFR part 62, subpart S, to reflect this revised state plan reflecting existing sources. When NSPS are action. This approval is based on the amendments to the MSW landfill EG, promulgated for new sources, section rationale previously discussed herein the Commonwealth submitted a revised 111(d) and EPA regulations require that and in further detail in the TSD MSW Landfill State Plan on June 11, EPA publish an EG to regulate the same associated with this action. 2024. The Commonwealth's State Plan 1pollutants from existing facilities. While The EPA Administrator continues to submittal incorporates by reference the NSPS are directly applicable to new retain authority for approval of applicable provisions under the MSW sources, EGs for existing sources alternative methods to determine the landfill EG at 40 CFR part 60, subpart (designated facilities) are intended for nonmethane organic compound Cf. For the reasons discussed below, states to use to develop a state plan to concentration or a site-specific methane EPA finds that the Kentucky MSW submit to EPA. generation rate constant (k), as Landfill State Plan meets the relevant State plan submittals and revisions stipulated in 40 CFR 60.30f(c). requirements of the CAA section 111(d) under CAA section 111(d) must be implementing regulations at 40 CFR part IV. Incorporation by Reference consistent with the applicable EG and 60, subpart B, and 40 CFR part 60, In this document, EPA is proposing to the requirements of 40 CFR part 60, subpart Cf. The sources subject to the include regulatory text that incorporates subpart B, and part 62, subpart A. The Federal Plan for MSW Landfills will by reference the State Plan. In regulations at 40 CFR part 60, subpart B, become subject to the Commonwealth's contain general provisions applicable to State Plan upon approval by EPA. The 51.5, EPA is proposing to incorporate by the adoption and submittal of state submittal is included in the public reference KAR 61:036, which became plans under CAA section 111(d). docket for this rulemaking (Docket No. effective in the Commonwealth of Additionally, 40 CFR part 62, subpart A, EPA-R04-OAR-2025-1180). Kentucky on June 3, 2021. The provides the procedural framework by II. Summary and Analysis of regulatory provisions of this section of which EPA will approve or disapprove Kentucky's MSW Landfill State Plan the Kentucky rule incorporate all the such plans submitted by a state. Once Submittal CAA 111(d) state plan elements approved by EPA, the state plan required by the EG for existing MSW becomes federally enforceable. If a state EPA has reviewed the Kentucky MSW landfill units promulgated at 40 CFR 60, does not submit an approvable state Landfill State Plan submittal in the subpart Cf. The emissions standards and plan to EPA, EPA is responsible for context of the plan completeness and compliance times established within the developing, implementing, and approvability requirements of 40 CFR Kentucky State Plan are at least as enforcing a federal plan. part 60, subparts B and Cf, and 40 CFR stringent as those required by the EG for The MSW landfill NSPS for new part 62, subpart A. EPA's detailed existing MSW landfill units subject to landfills and EG for existing landfills rationale and discussion on the were first promulgated by EPA on subpart Cf. EPA has made, and will Kentucky MSW Landfill State Plan can March 12, 1996, in 40 CFR part 60, continue to make, these materials be found in the EPA Technical Support generally available through the docket subparts WWW and Cc, respectively (61 for this action, EPA-R04-OAR-2025- FR 9905). On August 29, 2016, EPA finalized revisions to the MSW landfill 1180, at https://www.regulations.gov EPA received this submission on June 12, 2024, 1in a letter dated June 11, 2024. Throughout this NSPS and EG in 40 CFR part 60, and at EPA Region 4 Office (please notice of proposed rulemaking, this submission will contact the person identified in the subparts XXX and Cf, respectively (81 FORbe referred to as the June 11, 2024, submission.

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List of Subjects in 40 CFR Part 62 RCRA-2026-2641] by any of the this preamble for more information). Submit your comments by one of the procedure, Air pollution control, V. Statutory and Executive Order Aluminum, Environmental protection, Reviews Federal eRulemaking Portal: https://Fertilizers, Fluoride, Incorporation by www.regulations.gov. Follow the on-line reference, Industrial facilities, required to approve a 111(d) plan Intergovernmental relations, Methane, Email: dixon.eshala@epa.gov. submission that complies with the Ozone, Phosphate, Reporting and Instructions: The EPA must receive provisions of the CAA and applicable recordkeeping requirements, Sulfur your comments by May 20, 2026. Direct Federal regulations. In reviewing 111(d) oxides, Volatile organic compounds, your comments to Docket ID No. EPA- plan submissions, EPA's role is to Waste treatment and disposal. R06-RCRA-2026-2641. The EPA's approve State choices, provided they (Authority: 42 U.S.C. 7411.) policy is that all comments received meet the criteria and objectives of the will be included in the public docket CAA and EPA's implementing Dated: April 14, 2026. without change and may be made regulations. Accordingly, this action Kevin McOmber, available online at https://merely proposes to approve State law as Regional Administrator, Region 4. www.regulations.gov, including any meeting Federal requirements and does [FR Doc. 2026-07894 Filed 4-22-26; 8:45 am] personal information you provide in the not impose additional requirements body of your comment. If you send an beyond those imposed by State law. For email comment directly to the EPA that reason, this proposed action: without going through https://

regulations.gov, your email address will AGENCY be automatically captured and included

40 CFR Part 261 as part of the comment that is placed in the public docket and made available on [EPA-R06-RCRA-2026-2641; FRL-13174- the internet. If you submit an electronic 03-R6] comment, the EPA recommends that you include your name and other Hazardous Waste Management contact information in the body of your System; Identification and Listing of comment with any CBI you submit. If Hazardous Waste; Correction the EPA cannot read your comment due to technical difficulties and cannot AGENCY contact you for clarification, the EPA : Proposed rule; correction and may not be able to consider your ACTIONextension of comment period. comment. Electronic files should avoid the use of special characters, any form : On March 26, 2026, the SUMMARY of encryption and be free of any defects or viruses. published a Federal Register document Docket: The index to the docket for proposing to grant an exclusion from the this action is available electronically at list of hazardous waste to WRB Refining https://www.regulations.gov. Although LP located in Borger, Texas. The proposed rule had an incorrect docket not publicly available, e.g., CBI or other number. This action informs the public 1999); of the correct docket number. The EPA is also extending the comment period for the proposed rule by 22 days to May because it approves a state program; will be publicly available only in hard 20, 2026. copy. : Comments on this proposed You can view and copy the delisting DATEScorrection must be received by May 20, petition and associated publicly 2026. Comments are still being accepted available docket materials through and must be received by May 20, 2026. https://www.regulations.gov at: EPA, Region 6, 1201 Elm Street, Suite 500, ADDRESSES Dallas, Texas 75270. The EPA facility is open from 8:30 a.m. to 4:30 p.m., No. [EPA-R06-RCRA-2026-2641]. All Monday through Friday, excluding Federal holidays. We recommend that the https://www.regulations.gov In addition, the Kentucky MSW you telephone Harry Shah, at (214) 665- website. CBI or other information whose Landfill State Plan is not approved to 6457, before visiting the Region 6 office. disclosure is restricted by statute. apply on any Indian reservation land or Interested persons wanting to examine in any other area where EPA or an these documents should make an Indian Tribe has demonstrated that a appointment with the office.

E'shala Dixon, RCRA Permits & Solid available electronically through https:// Waste Section (LCR-RP), Land, Chemicals and Redevelopment Division, EPA Region 6, 1201 Elm Street, Suite ADDRESSESidentified by Docket ID No. [EPA-R06- 500, Dallas, TX 75270, telephone

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• Accessible formats. To request protections to modes of customer number: (214) 665-6592; email address: dixon.eshala@epa.gov. service communications other than materials in accessible formats for calls, such as emails, texts, and on-line people with disabilities (Braille, large : The EPA print, electronic files, audio format) or chats, and on ideas to deter scam and published a Federal Register document other unlawful calls made to the United to request reasonable accommodations on March 26, 2026 (91 FR 14666) FRL- States from foreign countries. Finally, it (e.g. accessible format documents, sign 13174-01-R06. Subsequent to explore steps we can take to financially language interpreters, CART), send an publication of the Federal Register deter unlawful foreign-originated calls, email to fcc504@fcc.gov or call the document, EPA realized that the docket such as bond requirements. The Consumer and Governmental Affairs number was incorrect. The docket Commission proposes to apply these Bureau at (202) 418-0530 (voice). number published as ''EPA-R06- requirements to providers of RCRA-2025-13174''. The docket : For telecommunications services, CMRS, number is corrected to read as set forth further information about the Notice of interconnected VoIP service, cable above. Proposed Rulemaking (NPRM), contact television service, and DBS services, or John B. Adams of the Consumer and Correction affiliates of such providers. It also Governmental Affairs Bureau at (202) In FR Doc. 2026-05876, appearing at proposes to apply these requirements to 418-2854 or JohnB.Adams@fcc.gov. 91 FR 14666, in the Federal Register of the use of foreign call centers for Thursday, March 26, 2026, the consumer communications relating to summary of the Commission's Notice of following corrections are made: internet access service offered by any of Proposed Rulemaking in CG Docket No. 1. On page 14666, column 2, within the foregoing providers or their affiliates 26-52, Tenth Further Notice of the heading, replace ''Docket number and seeks comment on whether it Proposed Rulemaking in CG Docket No. [EPA-R06-RCRA-2025-13174]'' with should extend some or all of the 17-59; Further Notice of Proposed ''Docket number [EPA-R06-RCRA- proposed rules to providers of other Rulemaking in CG Docket No. 02-278; 2026-2641]'' types of services. and Third Further Notice of Proposed 2. On page 14666, column 2, within : Comments are due on or before Rulemaking in CG Docket No. 22-2 DATESthe section, replace ''Docket May 26, 2026 and reply comments are ADDRESSES(NPRM); FCC 26-16, adopted on March number [EPA-R06-RCRA-2025- due on or before June 22, 2026. 26, 2026 and released on March 27, 13174]'' with ''Docket number [EPA- : Pursuant to §§ 1.415 and 2026. The full text of this document is ADDRESSESR06-RCRA-2026-2641]'' available online at https://docs.fcc.gov/ 1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may file public/attachments/FCC-26-16A1.pdf. Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y) and 6938. Paperwork Reduction Act Analysis: comments and reply comments The NPRM may contain proposed new identified by CG Docket Nos. 26-52, 17- Robert Snowbarger, and revised information collection 59, 02-278, and 22-2 by any of the Acting Division Director, Land, Chemicals requirements. The Commission, as part and Redevelopment Division, Region 6. • Electronic Filers: Comments may be of its continuing effort to reduce [FR Doc. 2026-07899 Filed 4-22-26; 8:45 am] paperwork burdens, invites the general filed electronically using the internet by public and the Office of Management accessing the Electronic Comment and Budget (OMB) to comment on the Filing System (ECFS): https:// www.fcc.gov/ecfs. See Electronic Filing FEDERAL COMMUNICATIONS described in this document, as required of Documents in Rulemaking by the Paperwork Reduction Act of Proceedings, 63 FR 24121 (1998). • Paper Filers: Parties who choose to 1995, Public Law 104-13. In addition, 47 CFR Parts 8, 25, 64 and 76 file by paper must file an original and pursuant to the Small Business Paperwork Relief Act of 2002, Public one copy of each filing. [CG Docket Nos. 26-52, 17-59, 02-278, and • Filings can be sent by hand or 22-2; FCC 26-16; FR ID 341337] Law 107-198, see 44 U.S.C. 3506(c)(4), messenger delivery, by commercial we seek specific comment on how we Improving Customer Service and courier, or by the U.S. Postal Service. might further reduce the information Protecting Consumers Through All filings must be addressed to the collection burden for small business Onshoring Secretary, Federal Communications concerns with fewer than 25 employees.

Providing Accountability Through : Federal Communications AGENCY• Hand-delivered or messenger- Transparency Act: Consistent with the

delivered paper filings for the Providing Accountability Through ACTIONCommission's Secretary are accepted Transparency Act, Public Law 118-9, a : In this document, the Federal summary of this document will be between 8:00 a.m. and 4:00 p.m. by the SUMMARYCommunications Commission FCC's mailing contractor at 9050 available on https://www.fcc.gov/ (Commission) proposes actions that Junction Drive, Annapolis Junction, MD proposed-rulemakings. would encourage and facilitate the Ex Parte Rules: The proceeding the 20701. All hand deliveries must be held

NPRM initiates shall be treated as a onshoring of foreign call centers. together with rubber bands or fasteners. Specifically, the Commission proposes ''permit-but-disclose'' proceeding in Any envelopes and boxes must be rules and otherwise explore ways to accordance with the Commission's ex disposed of before entering the building. • Commercial courier deliveries (any parte rules. Persons making ex parte improve customer service presentations must file a copy of any communications and better protect deliveries not by the U.S. Postal Service) consumers' sensitive personal written presentation or a memorandum must be sent to 9050 Junction Drive, information by limiting use of foreign summarizing any oral presentation Annapolis Junction, MD 20701. • Filings sent by U.S. Postal Service within two business days after the call centers and by improving standards applicable to a company's remaining First-Class Mail, Priority Mail, and presentation (unless a different deadline foreign call center operations. It also Priority Mail Express must be sent to 45 applicable to the Sunshine period applies). Persons making oral ex parte seeks comment on extending these L Street NE, Washington, DC 20554.

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speaker's culture. The Commission comment on other ways to identify and presentations are reminded that receives numerous consumer stop such calls. memoranda summarizing the We propose to apply these complaints that cite a lack of clear and presentation must (1) list all persons requirements to providers of productive communication with foreign attending or otherwise participating in telecommunications services, CMRS, call center staff as a reason why their the meeting at which the ex parte interconnected VoIP service, cable concern was not resolved. presentation was made, and (2) A number of federal regulations television service, and DBS services, or summarize all data presented and contain English proficiency affiliates of such providers. Where we arguments made during the requirements. To implement the seek comment on applying the proposed presentation. If the presentation Telecommunications Relay Services rules to providers of other services, the consisted in whole or in part of the (TRS) program, the Commission itself term ''providers'' includes providers of presentation of data or arguments has adopted operational standards that those services as well. We also propose already reflected in the presenter's require language skills. to apply these requirements to the use written comments, memoranda or other Communications Assistants (CAs) who of foreign call centers for consumer filings in the proceeding, the presenter handle TRS calls must have specific communications relating to internet may provide citations to such data or competencies in communicating with access service offered by any of the arguments in his or her prior comments, people with and without such foregoing providers or their affiliates. memoranda, or other filings (specifying disabilities. Specifically, CAs must have We seek comment on this proposal and the relevant page and/or paragraph competent skills in typing, grammar, whether we should extend some or all numbers where such data or arguments spelling, American Sign Language of the proposed rules to providers of can be found) in lieu of summarizing (ASL), and familiarity with hearing and other types of services. them in the memorandum. Documents speech disability cultures, languages, shown or given to Commission staff A. Protecting American Consumers and etiquette, and must possess clear during ex parte meetings are deemed to and articulate voice communications. In 1. Ensuring Quality Customer Service be written ex parte presentations and short, Communications Assistants must must be filed consistent with § 1.1206(b) Consumers often are not satisfied with understand the culture and etiquette of of the Commission's rules. In the customer service they receive from consumers and must be proficient in providers that have moved their proceedings governed by § 1.49(f) of the reading, writing, speaking, listening, customer service operations to offshore Commission's rules or for which the and signing the languages necessary to call centers. We seek comment on Commission has made available a do their jobs effectively. While measures to address problems with method of electronic filing, written ex maintaining these standards for foreign call centers that would apply to parte presentations and memoranda Communications Assistants, the inbound calls in addition to outbound summarizing oral ex parte Commission has gone further, calls where we traditionally have presentations, and all attachments promoting the use of direct video focused our consumer protection efforts. thereto, must, when feasible, be filed connections to enhance communication Inbound calls easily can become through the electronic comment filing between ASL-using consumers with outbound calls, such as when a system available for that proceeding, speech and hearing disabilities and consumer's call is answered initially by and must be filed in their native format customer service call centers. The an Interactive Voice Response (IVR) (e.g., .doc, .xml, .ppt, searchable .pdf). regulations governing the direct video system that allows the consumer to Participants in this proceeding should and TRS programs reflect the choose to have the IVR system hold the familiarize themselves with the Commission's recognition that consumer's place in line and call the Commission's ex parte rules. communication is clearest when it consumer back. And problems, such as occurs directly between people with a Synopsis communication barriers and protection shared language and common regional of sensitive consumer information, exist I. Discussion and cultural background, and that, regardless of whether a consumer calls absent such direct communication We seek comment on actions that the provider or the provider calls a between individuals with a shared would encourage and facilitate the consumer. language and culture, standards and onshoring of foreign call centers. Establishing English Proficiency required competencies are essential to Standards. We propose to require Specifically, we propose rules and ensure effective communication. providers that use offshore call centers otherwise explore ways to improve We seek comment on our proposal. to ensure that all calling staff at those customer service communications and Would American Standard English call centers are proficient in both better protect consumers' sensitive proficiency requirements, including written and spoken American Standard personal information by limiting use of requirements to understand tone, English. We believe that clear foreign call centers and by improving idioms, and culture, promote better communication and mutual standards applicable to a company's customer satisfaction and problem understanding is critical to the customer remaining foreign call center operations. resolution? What steps do providers service experience. The ability of both We also seek comment on extending currently take to ensure the proficiency the consumer and the customer service these protections to modes of customer of their representatives? How do agent to understand one another while service communications other than providers currently monitor for both discussing consumer concerns is vital to calls, such as emails, texts, and on-line efficient communication during providing meaningful customer service. chats, and on ideas to deter scam and customer service interactions and Consumers often have complex other unlawful calls made to the United customer satisfaction? Beyond language problems that require American States from foreign countries. Finally, proficiency, are there other barriers that Standard English proficiency to we explore steps we can take to providers can mitigate to ensure higher understand and resolve. And technical financially deter unlawful foreign- quality customer service and consumer understanding of English often is not originated calls, such as bond satisfaction? If we were to adopt such enough--so much of communication is requirements, building on our recent tone, idioms, and appreciation of the requirements, what criteria should we Call Branding NPRM, which sought

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use to assess compliance, and should English and that scripts and other calls from a foreign call center to a call the criteria apply to each individual call materials used by call center staff could center in the U.S.? If a provider has such center employee, or to, e.g., the average be written in English. We seek comment a policy, does it disclose the policy at test score for a call center? For example, on this belief. the beginning of each call so that the Promoting U.S.-Based Customer should we require providers to ensure consumer can request to have the call Service. We propose to limit the that call center staff pass a test? If so, transferred before discussing the issue percentage of customer service calls that what type of test? We note that a range that prompted the call? providers may make from or answer at of tests is available. Some appear to be What percentage would best advance foreign call centers to a specified targeted at specific areas. For example, the goal of improving customer percentage (excluding any calls that and as mentioned above, the OET is satisfaction? For example, would a 30% would be subject to any rule we adopt tailored for the medical field, the limit be appropriate? And how should requiring certain types of calls to be TOEFL is widely used in higher we apply such a metric? For example, handled only at call centers located education, and the TOEIC is business- if we were to set the limit at 30%, within the United States). We seek and workplace-oriented. Many of the should we allow only 30% of outbound comment on this proposal. Would such available tests appear to evaluate calls to be made from a foreign call a limit effectively address at least some listening, speaking, reading, and center and allow only 30% of inbound of the concerns associated with foreign writing. Are these good tests for our calls to be answered at a foreign call call centers, such as customer purposes? Do they go beyond just words center? Or should we assess the satisfaction? We believe that such a cap to test an understanding of culture, for percentage across both inbound and would encourage movement of call example? Do they include tests of outbound calls, as long as the combined center operations back to the U.S. and listening, speaking, reading, and percentage for all calls is no greater than thus best address our communication writing, or just of some of these facets 30%? Over what period of time should and data privacy concerns. We of English proficiency? Do any of these compliance be measured? For example, recognize, though, that those changes tests focus on the cultural and idiomatic should the percentage limit apply could come with costs to nuances of American Standard English? annually, quarterly, monthly, or daily? communications service providers and Are there other tests that providers How should calls subject to the thus believe this type of cap would help currently are using to assess percentage limitation be defined? strike a balance between achieving our representatives' proficiency in Should only calls to or from existing goals while not imposing undue costs American Standard English? Do customers who already purchase service on these companies. Accordingly, we representatives need to write in English from the provider be counted? Should also seek comment on whether we in order to document a summary of the the limitation apply, for example, to all should phase in such a cap over time in call in a consumer's account records or calls made to the provider's customer recognition of the costs to providers to for other purposes? service number or other contact Do providers already test the English relocate call centers to the United numbers? If a provider has multiple proficiency of foreign call center staff? States, and the capacity, such as numbers, such as one for general availability of staff and facilities, of the If so, how? Do providers rely on the customer service calls, one for sales, and domestic marketplace to immediately foreign call centers with which they one for customer billing issues, should contract to test or otherwise evaluate the support call center functions that are the limitation apply to all calls made to English proficiency of call center staff relocated to the United States. Are there any of its consumer-facing numbers, or rather than performing the evaluation other concerns that we should consider should it apply separately to each of themselves? What recourse is available or other reasons to adopt such an these types of call? Are there particular to a provider if a provider receives approach? For example, are there other types of consumer calls where a consumer complaints or otherwise benefits, including to U.S. jobs and the representative's level of American learns that particular staff in a foreign economy, from limiting the percentage Standard English proficiency might call center are not communicating well of calls to or from their service have a greater impact on ensuring with consumers? providers that are handled by foreign resolution of the issue or customer Finally, we seek comment on how to call centers? satisfaction? If so, which types of calls address foreign call centers used for We seek comment on the total volume and how should this be factored into communication with non-English of calls providers currently handle (i.e., establishing a metric? speaking U.S. customers. For example, a make from and receive at) in their call Finally, do we need to take steps to business might contract with a foreign centers globally, including both in- ensure that providers have sufficient call center to communicate with its house call centers, i.e., those they capacity in call centers in the United U.S.-based, Spanish-speaking customer operate themselves, and those with States to handle the required volume of base. What American Standard English which they contract. What percentage of calls? What should those steps be? or other language proficiency standards, a provider's total volume of calls is Should we phase in this requirement in if any, should we require for such call handled at call centers located within order to give providers time to transition centers? Are staff at these call centers the U.S. and what percentage is handled their call center operations? If so, over required to be bilingual and do they in foreign countries? What percentage of what period of time should we require total calls is transferred from a foreign typically take calls in English as well as providers to transition their operations? call center to a call center located non-English languages? Do providers What obstacles will providers face in within the U.S. and vice versa? What have dedicated call centers where transitioning their call center operations representatives only communicate with percentage of total calls is transferred to comply with this limitation? What non-English-speaking customers? Even from a foreign call center to a call center costs will providers incur to transition where call center staff speak with located within the U.S. at the request of their call center operations? Are there consumers in a language other than the customer? In answering these any considerations that uniquely affect English, we believe that staff will need questions regarding percentages of calls, smaller providers or those serving rural to be proficient in English. For example, providers are encouraged also to areas? If so, how should our rules take we believe that customer account provide quantities of calls. Which those considerations into account? providers have a policy of transferring records generally are maintained in

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or additional information? For example, United States be sufficient or only when Scope of Covered Calls. In the the text of a disclosure might be ''This a representative answers? What if the preceding paragraphs, we seek comment call drops during transfer? on how to identify and count calls for call is being [answered in or made from] Finally, we believe providers should our proposal to limit the percentage of [insert name of country]. You have the inform customers about such a right and calls that may be made from or right to have this call transferred to a thus propose to require it as part of the answered at a foreign call center. We representative located in the United same disclosure we propose above. We now seek comment on how we should States. Do you want to have the call seek comment on that proposal. If we define the calls subject to these transferred to a U.S.-based were to adopt it, should we require that representative?'' We seek comment on proposals in general. Should we include the disclosure include information whether providers should be required to only calls to and from a provider's about wait times following transfer, a make this or an alternative disclosure. existing customers, such as those number to call a U.S.-based call center Should disclosure be required before an regarding service, billing, or account directly in the event the call gets in-progress call is transferred from a management? Should we include calls dropped during transfer, or any other domestic call center to a foreign call related to debt collection, win-back information? center? We also seek comment on any campaigns, or other retention efforts? We seek comment on any other Are there categories of calls that First Amendment considerations factors that we should consider should be excluded from these relevant to our disclosure proposals, regarding the required disclosures when requirements? Should we include calls consistent with past practice for a call is handled at a foreign call center, to or from prospective customers, such disclosure requirements. the required response to requests that as sales or marketing calls? Should the Establishing a Consumer Right to calls be transferred to a call center in the proposals apply to all calls made to Transfer to Call Centers in the United United States, and ensuring that wait States. We propose to require providers, consumer-facing numbers a provider times for transferred calls do not unduly upon consumer request, to transfer calls uses, such as those for general customer burden a consumer's exercise of the to a call center located within the service, billing, or sales? Commenters right to transfer. United States. This would apply both to should address the implications of including or excluding these types of calls made from a foreign call center and 3. Ensuring Compliance calls, including how it would affect to calls answered at a foreign call center. We propose to require providers to consumer privacy and data security, and We further propose to require providers track and report to the Commission their how providers could identify and to ensure that consumers are transferred compliance with any rules we adopt as distinguish covered calls from non- promptly following a transfer request a result of our proposals. Providers covered calls for purposes of complying and to ensure that wait times for would report on the American Standard transferred calls are no longer than with the rules. English proficiency of their foreign call those for calls that in the first instance 2. Safeguarding Consumer Choice center workers; the number or are routed to a call center located within percentage of calls they first route to Requiring Disclosure of Foreign Call the United States. We seek comment on foreign call centers and U.S. call Center Use. We propose to require this proposal. centers; the number or percentage of providers, when making or receiving We believe our proposal will calls they transfer to a call center in the calls involving a foreign call center, to empower consumers who wish to United States; associated wait times; inform customers at the beginning of transact business or otherwise and dropped calls, along with any other each call that it is being handled outside communicate with a provider via requirements we adopt in response to of the United States. We seek comment representatives located within the this NPRM. We seek comment on this on this proposal. United States to do so. Consumers might proposal. We believe it is essential for wish to communicate with provider If we adopt our proposal, should we consumers to know when calls from a representatives located within the require monthly, quarterly, or annual provider originate overseas and when United States for a variety of reasons, reporting? Why? Should we make such calls they make to a provider are each of which improves customer information public? If not, what factors answered at a foreign call center. If service and satisfaction. These include would justify keeping the information consumers know they are speaking with reduced language barriers, better legal from consumers and the public at large? a foreign call center, they can take any protections for and security of their How do those factors compare with the precautions they believe necessary to sensitive personal information, and potential benefits of consumers having address privacy risks--e.g., by refusing support for American jobs, among other greater information, including to disclose sensitive personal things. We seek comment on this belief. information that enables comparisons, information, demanding satisfactory Are there other benefits, whether about providers' use of foreign call assurance that such information will be consumer, general societal, or economic, centers and other customer service protected effectively, or requesting that that are likely to result from this metrics? Is there other information the call be transferred to the United proposal? associated with these data that we Should we establish standards for States, as discussed below. This also should require providers to report? how quickly a foreign call center must might help consumers identify Should providers separate data by complete transfer of a call to a call companies that support American jobs. individual foreign call center or foreign center in the United States? If so, what We seek comment on these beliefs. standards should we adopt? For country, or aggregate it for all foreign If we adopt such a proposal, should call centers? Is there any reason to we adopt specific text that providers example, should we require that separate information by individual call must use in the disclosure? If so, what providers transfer the consumer to a call center in the United States within a center in the United States? If we should that be? Should it differ for calls certain number of seconds following the require reporting on American Standard made from a foreign call center and English proficiency, what information those answered at or transferred to a transfer request? How should we should providers report? Should we foreign call center? Should the determine when a transfer is complete? For example, would transferring the call require providers to report other disclosure include the name of the information associated with English country where the call center is located, so that it rings to a call center in the

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adversaries, might find particular governments and that a foreign proficiency, e.g., complaints or transfer consumer information, e.g., passwords, adversary's ability to exploit, influence, rates for individual foreign call centers multi-factor authentication information, or control the operation of a customer or foreign call center staff members, or and bank account or credit card service call center would pose a threat other metrics? In what format should reports be information, uniquely useful for to the privacy of U.S. customers as well made? Should electronic filing be as to the ability of the United States to exploitation or attack. We thus believe required? If so, is there a particular protect its national security. We seek that we should require providers to format, such as an Excel spreadsheet, comment on this proposal. To more handle such sensitive customer data that should be used for the reports? Are fully protect U.S. customers and solely in U.S.-based call centers and there existing reports or forms that national security, should we, for seek comment on this proposal. Are there other specific types of could be modified to include this example, prohibit providers from using transactions that providers should information and that are sufficiently any call center, wherever located, that handle only at call centers located relevant to the subject matter that it employs citizens or residents of a makes sense to use them? within the United States? Do providers ''foreign adversary'' nation? We seek comment on whether cable In addition to our proposals above to use different tools to protect sensitive television providers should file their require a cap on the fraction of calls customer information shared over non- reports with their local franchising providers may handle via foreign call call communications, such as on-line authorities as well as with the centers, limit certain transactions to chat, texts, and/or electronic mail Commission and what roles the domestic call centers, and prohibit messages? Do providers send multi- Commission and local franchising factor security codes, account access providers from using call centers in authorities should play in enforcing any codes, or password resets from foreign ''foreign adversary'' nations, we seek rules we adopt as a result of this NPRM. call centers? And do providers send comment on other steps we can take to Commenters should address how to them via humans or automated systems? address our concerns. For example, achieve consistent enforcement across Do providers communicate with should we prescribe data protection all providers that would be subject to consumers about other sensitive standards for any country in which a these rules if the rules are enforced as personal information via these methods? provider wishes to operate a call center? to cable television providers by local If so, what kinds? Are there other steps If so, what type of standards should we franchising authorities. providers take to mitigate security risks adopt? Would a general standard such We also seek comment on any other as ''data security laws and practices at when offshore representatives are reporting, filing, or certification least as strong as the United States'' supporting customer service mechanisms for ensuring compliance suffice, or is that too vague? If too vague, interactions that require personal, with any rules we adopt as a result of what would be a more specific standard financial, or account information? We this NPRM. In particular, we seek consistent with our goals? What types of seek comment on any other factors that comment on whether providers who data protection do providers currently we should consider regarding the obtain numbering resources from the use and could they provide a model for required handling of certain types of North American Plan Numbering a required standard? In that vein, could transactions only at call centers in the Administrator (NANPA) should be we look to recent enforcement consent required to certify their compliance as a We also seek comment on whether we decrees as a model? Are there other condition of obtaining numbering should prohibit providers from making steps we should take? resources. The Commission's rules available for access at foreign call 5. Enhancing Transparency already require interconnected VoIP centers consumer information, e.g., Broadband Label. We propose to providers, for example, to make certain passwords, multi-factor authentication amend our broadband label rule to certifications as a condition of obtaining information, and bank account or credit require providers subject to our numbering resources from NANPA. card information, that might be broadband label requirements to display uniquely useful to bad actors. It is 4. Protecting Consumer Information and in the labels the percentage of customer documented that foreign call center staff National Security service calls handled by a call have accessed consumer information Heightened Consumer Protection for and sold it to criminals. If we were to Sensitive Transactions. We propose to States. The label is a point-of-sale adopt such a prohibition, what require that providers handle certain disclosure and thus a natural vehicle to information should be subject to it? consumer transactions, such as those bring transparency to the foreign call Other Measures to Protect Privacy and involving passwords, multi-factor Safeguard National Security. Above we center issues we address above. Would our proposal help consumers authentication information, social describe privacy and data protection of broadband service make informed security numbers, and bank or credit concerns arising from the use of foreign choices about their providers? If we card information, or any combination of call centers, including examples of adopt this proposal, for what time this information, only at call centers Commission regulatees failing to period should we require that the located within the United States, prevent abuse of consumer data by percentage be computed, and how often regardless of the type of employees of foreign call centers, and should providers update the label based communications channel used to DOJ's findings that poor control of that on this proposal? What level of initiate the transaction. We propose that data is a national security concern. We propose to prohibit providers precision should we require (e.g., to the this requirement would apply to such from using call centers located in nearest percentage point)? Should transactions regardless of any rule we providers disclose the actual percentage, adopt that would allow a certain ''foreign adversary'' nations. Foreign or would a minimum percentage percentage of calls to be handled by adversaries pose a present and persistent threat to national security. We suffice? Should providers state a single foreign call centers, such that calls that believe that entities under the percentage that includes both inbound must be handled at call centers located and outbound calls, or should they within the United States would not be jurisdiction of foreign adversaries are specify separate percentages for included in the percentage calculation. subject to exploitation, influence, or control by foreign adversary inbound and outbound calls? Should Criminal actors, as well as foreign

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English proficiency standards for the calls counted for purposes of the conferencing, to which we should consider applying the proposed rules? telephone solicitations made by foreign label be defined differently, in any Other Communications Providers. We callers? Should we require that foreign respect, from how they are defined for seek comment on whether we should callers transmitting artificial or purposes of our other proposed rules? apply our proposals to ''stand-alone'' prerecorded voice messages disclose For example, for purposes of the label, providers of non-interconnected VoIP that such calls originate from outside of would it be preferable to limit the calls and other internet-only providers, the United States and offer to transfer covered to those placed to or from including providers that provide only the call--then do so upon request--to a existing customers? stand-alone internet access service, to We propose that this information be domestic call center? We seek comment the extent that we have legal authority added to the existing Customer Support on these questions, as well as any other to do so. Are there any relevant section of the label and placed below proposals for protecting consumers from differences between interconnected and the phone number and website telephone solicitations and/or artificial- non-interconnected VoIP regarding information. Would this placement on and prerecorded- voice messages made consumer experience with the use of the label help consumers to better from outside of the United States. foreign call centers for customer service Tracking Consumer Complaints. As understand this entry and how it might and other communications, such that an aid to enforcement, and to enable the relate to their experience with the we should not apply the same rules to Commission to better assess the types of provider's customer support services? interconnected and non-interconnected issues consumers are encountering with Should this information be placed in a different location on the label? If so, VoIP, to the extent that we have legal respect to customer service and call centers, we further propose to direct the why? authority to do so? Are there any such Transparency for Other Services. Consumer and Governmental Affairs relevant differences between internet Should we require providers of non- Bureau, and other staff as necessary, to access service provided by stand-alone broadband services that would be establish mechanisms within our providers versus internet access covered by our proposed rules to make informal complaints system that allow provided by other entities offering available on their websites the same internet access alongside other services, efficient tracking of consumer information regarding the percentage of such as telecommunications service complaints related to call centers and customer service calls handled in providers and cable television service customer service. We invite comment foreign call centers? providers? If so, what are they? Are on this proposal and how it can be most Consistent with past practice for there any other providers or services to effectively and efficiently implemented. disclosure requirements, we seek which these proposals or other 7. Alternative Approaches comment on any First Amendment requirements upon which we seek We seek comment on alternative considerations relevant to our comment should apply? approaches to our proposals above. transparency proposals. We also seek Establishing Standards and Commenters should explain the comment on whether there are other Procedures for Other Calls Originating alternative approach, how it addresses potential transparency requirements From Outside of the United States. We the problems we have described, and that could inform consumers and seek comment on whether and to what how it would be less burdensome, less empower marketplace forces to improve extent we should establish standards costly, or more effective than our main customer satisfaction with providers' and/or procedures regulating certain proposals. Commenters should explain call centers. What are the relative foreign-originated calls and texts subject how the alternative improves customer advantages or disadvantages of such to the TCPA. Section 227(c) of the Act service and better protects sensitive approaches in this context, where requires the Commission to prescribe consumer data, and to whether it does current business practices might reflect methods and procedures for protecting so for all or just some providers or the legacy of decisions originally made residential telephone subscribers' services. Commenters should provide during times when competition was less privacy rights to avoid receiving real-world examples demonstrating the prevalent? telephone solicitations to which they alternative's value and discuss how any object. Further, Section 227(d) requires 6. Potential Further Steps current or new technologies, including the Commission to establish technical Other Communications Channels. and procedural standards for systems AI, are used in the alternative approach Should we apply all of our proposed that transmit artificial or prerecorded or could affect it. Are there other pro- rules (i.e., not just those related to voice messages via telephone. competitive incentives that can be sensitive transactions, as discussed Should we extend some or all of our implemented to improve customer above) to non-voice communications proposals to all calls covered by service? such as on-line chat, texts, and/or sections 227(c) and (d) of the Act that B. Increasing the Cost of Unlawful Calls electronic mail messages? Consumers originate outside the United States, not Originating From Outside of the United regularly use on-line chat, texts, and just calls on behalf of the types of States email to communicate with providers. providers already discussed? We seek Foreign scammers and their co- Do our concerns about American comment on whether section 227(c)'s conspirators in the United States rob Standard English proficiency and data aim to protect residential subscribers consumers of hundreds of millions of security apply to these forms of supports applying our above proposals to calls from foreign call centers. And dollars each year, costing some their life communication as well as calls? How savings. There is an obvious need to frequently do providers communicate does section 227(d)'s authority to take the profit out of these calls and we with consumers via text messages, establish technical standards for covered calls also give us such seek comment on how to do so. electronic mail messages, or on-line chat Specifically, we seek comment on using using staff in foreign countries? How authority? For instance, should we government-imposed fees on illegal does that compare to similar require that foreign callers making traffic or bond requirements as a way to communications sent from, read at, or telephone solicitations disclose that such calls and/or messages originate make illegal calls expensive enough to responded to from locations within the deter them in the first place. United States? Are there other types of from outside of the United States? Commenters should address policy communications, such as video Should we establish American Standard

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considerations, international those filed with state Attorney General a type of ''forfeiture penalty'' or agreements, legal authority, the logistics offices? Should consumers instead be ''forfeiture'' under the Communications of how a fee or bond requirement could able to report unlawful calls directly Act, and if so, do sections 503 or 504 of be structured, applied, and collected, from their device during the call and the Act mandate certain procedural and any other factors we should could those reports be used to trigger a requirements prior to the Commission consider. bond draw down? Can device-based collecting on a bond in certain Under a fee-based approach, how circumstances? reporting be shared with the terminating would unlawful calls subject to a fee be We seek comment on alternative provider? If so, would terminating identified, and how would the fee be approaches to a bond requirement. providers seek the bond draw from the collected? How should fees be Commenters should explain the ultimate gateway provider or calculated, and what amount would be alternative approach, including how it intermediate providers directly, or effective at reducing the quantity of addresses the problems we have would terminating providers file reports described, and how it would be more unlawful calls entering the United with the entity administering the bonds effective than the alternatives discussed States from foreign countries? on a periodic cadence? If the Commission were to adopt a herein. Are other countries successfully Which provider's bond would be bond-based approach, how should a drawn upon and how could that using bonds or shared liability models requirement to post a bond apply here? particular provider be identified, to reduce robocalls? If so, how are those For instance, the House version of the especially if a provider other than the regimes working? Foreign Robocall Elimination Act bill terminating provider were deemed the C. Legal Authority would require providers to post a bond one to pay? Should the entity We seek comment on our authority to to file in the RMD. Should we adopt the administering the bond draws adopt these proposals and on our same or similar approach here? distinguish between unlawful and authority regarding other actions on Alternatively, should we require simply unwanted calls that are reported, which we seek comment above. providers that are the subject of one or and how would it do so? Such a system more traceback requests or whose filings might be prone to overuse, such as by 1. Authority To Adopt Regulations were removed from the RMD as part of aggrieved consumers who abuse the Concerning the Use of Foreign Customer an enforcement action to post a bond? system by making numerous fraudulent Service Operations Should we instead require providers reports in order to cause financial harm We seek comment on our authority to that accept ''mass'' voice and/or text to their provider. Are safeguards from adopt rules, such as those proposed traffic from international sources to post overuse needed? If so, what should the above, governing the use of foreign a bond? If so, how should we define safeguards entail? Should providers be customer service operations by ''mass'' voice or text traffic? Are there permitted to dispute draws? Who would providers of telecommunications circumstances under which an existing hear those disputes and what evidence service, CMRS, interconnected VoIP filer should be required to post a bond would be required? Who bears the service, cable television service, and in order for its certification to remain in burden of proof in such disputes? DBS, or affiliates of such providers, and the RMD? Providers that are required to Should there be a threshold of reported internet access services each provides, post a bond might pass the cost of such unlawful robocalls at which a gateway including pursuant to sections 4(i), 201, a bond onto its foreign customers, thus provider would surrender the entire 202, 217, 222, 227, 251, 301, 303, 316, potentially reducing the number of such bond automatically? If so, what should 332, 335, 631, and 632 of the Act. We calls. the threshold be? also seek comment on our authority to How and under what circumstances We seek comment on these possible include in the broadband label would the bond be drawn upon? For approaches and on alternatives. Could disclosures regarding the percentage of example, could the bond be used to they be effective at stopping harmful customer service calls a broadband satisfy any future Commission calls? Should we apply a bond provider handles abroad. enforcement action related to unlawful requirement to all foreign providers, to Telecommunications Carriers. We calls, other types of government international gateway providers, or any seek comment on the extent to which enforcement actions, or civil liabilities? other providers that transmit calls from section 201(b) of the Act provides Further, for example, if the Commission foreign countries to the United States? authority for application of our were to issue a forfeiture order against How much should such a bond be? proposed rules to telecommunications a provider, should the bond be used to Should it vary by type or size of carriers' communications with current satisfy the forfeiture amount after a provider? Should a provider be required or prospective customers. Section 201(b) successful recovery action under 47 to deposit the full amount of the bond provides that all practices of common U.S.C. 504(a) such that the provider or be permitted to purchase a surety carriers in connection with interstate or then would have to pay the balance, if bond? If we were to permit surety foreign communication service shall be any, through other means? bonds, should we require them to just and reasonable, and provides broad Alternatively, would it technically be comply with requirements similar to authority to the Commission to feasible to establish a mechanism those in § 25.165(a) and (b) of our rules? ''prescribe such rules and regulations as whereby some portion of the bond is What should happen if a bond were may be necessary in the public interest drawn each time that a consumer drawn upon? For example, how long to carry out the provisions of this reports receiving an unlawful robocall? should the provider have to replenish chapter.'' The Commission and the How can we ensure that the bond draw- the bond or should the provider be courts have broadly construed the term down is consistent with constitutional prohibited from providing service until ''practice'' and the phrase ''in due process and the requirements of the the bond is replenished? Who would connection with . . . communication Act? How would it work and who administer a bond program and who service'' to include a wide range of would manage the bond draw-down would be the beneficiary? We seek practices that directly implicate a process? Which reports of unlawful comment on whether there are any carrier's furnishing of communication robocalls would trigger a draw: those statutory or other barriers to adopting services, including payment or non- filed with the Commission, those filed and implementing a bond requirement. payment of compensation to payphone with the Federal Trade Commission, For example, should bonds be viewed as

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centers in ''foreign adversary'' nations, call detail information concerning all owners, failure to follow Commission- and to adopt other regulations discussed calling and called parties, including ordered settlement practices, deceptive above to help protect sensitive customer customers of telecommunications marketing, and the formation of information, including CPNI of carriers and CMRS providers, so that by exclusive contracts with commercial telecommunications carriers' protecting the CPNI of interconnected building owners. Do a carrier's practices in VoIP customers, the Commission will customers? Does section 251(e) of the Act provide communicating with its own customers more effectively protect the privacy of additional authority to adopt the rules and prospective customers on the carrier customers. proposed herein? Section 251(e) grants Do these considerations equally matters commonly handled by the Commission exclusive jurisdiction support the exercise of ancillary consumer call centers--such as billing, over those portions of the North jurisdiction in this rulemaking to service outages, service quality, account management, and marketing, including American Numbering Plan that pertain protect the privacy of interconnected VoIP service customers and answering customers' calls in a timely to the United States and directs the telecommunications service customers fashion, communicating effectively in Commission to create or designate an by including interconnected VOIP American Standard English, ensuring impartial entity to administer service providers within the scope of customer service representatives are telecommunications numbering and to the rules proposed above to increase the equipped to resolve service issues, and make such numbers available on an equitable basis. use of U.S.-based call centers, to require safeguarding customers' personal CMRS Providers. Pursuant to section that sensitive transactions be handled in information--likewise bear directly on 332 of the Act, our Title II authority such call centers, to require disclosure the provision of service to customers applies to providers of CMRS as well as when foreign call centers are used, and and fall within our section 201(b) to wireline telecommunications carriers to allow customers to request the authority? In addition, does the providing interstate and foreign transfer of calls to U.S.-based call widespread perception that the communications. Does our Title II centers? Are such requirements customer service practices of foreign authority, as discussed above with necessary to ensure compliance with the call centers are frequently unreasonable regard to telecommunications carriers, requirements of section 222 and the in these respects provide a basis under extend to applying our proposals to Commission's implementing rules to section 201(b) to require disclosure of CMRS providers? Furthermore, does our protect the CPNI of customers of foreign call handling and the transfer of ''broad authority'' under Title III, calls to the United States upon request, telecommunications and interconnected particularly the authority of the VoIP services, and thus ''necessary in as well as the other proposed Commission to ''[p]rescribe the nature the public interest to carry out'' section requirements discussed above? Does our of the service to be rendered by each 222 of the Act? authority under section 201(b) include class of licensed stations and each Does section 251(e) give the the authority to protect customer station within any class,'' provide Commission authority to condition privacy regarding sensitive customer authority for our proposals regulating interconnected VoIP service providers' data that may not fall within the specific access to telephone numbers on those the customer-service practices of CMRS definition of CPNI under section 222 of providers' compliance with the providers? We seek comment on the the Act--e.g., by handling such phone requirements proposed above? The applicability of particular provisions of transactions only at call centers located Commission previously exercised its Title III, including but not limited to within the United States? authority under section 251(e) to ensure, Section 222 grants the Commission sections 301 and 316, to authorize the for example, that an interconnected specific authority to adopt regulations to Commission to impose such VoIP provider receiving direct access to ensure that carriers ''protect the Interconnected VoIP Service numbers ''possesses the financial, confidentiality of proprietary Providers. The Commission has managerial, and technical expertise to information of, and relating to . . . previously found that it has authority to provide reliable service.'' Will ensuring customers,'' including customer apply CPNI protections to that interconnected VoIP providers, as proprietary network information (CPNI), interconnected VoIP service providers well as telecommunications carriers, which is defined as: pursuant to section 222 of the Act and (A) information that relates to the protect sensitive consumer data when the Commission's Title I ancillary quantity, technical configuration, type, conducting customer service calls from jurisdiction. The Commission found destination, location, and amount of use foreign call centers help to maintain that interconnected VoIP services fall of a telecommunications service competitive neutrality and ensure that within the Commission's subject matter consumers' expectations are met subscribed to by any customer of a jurisdiction under the Act. The regarding the privacy of their telecommunications carrier, and that is Commission also found that the information when using the telephone made available to the carrier by the application of CPNI rules to network? customer solely by virtue of the carrier- interconnected VoIP service is PII Protection. Do we have authority, customer relationship; and reasonably ancillary to the effective pursuant to the statutory provisions (B) information contained in the bills performance of the Commission's Title discussed above, to adopt rules to pertaining to telephone exchange II responsibilities, because: (1) prevent foreign call centers operated by service or telephone toll service or on behalf of telecommunications interconnected VoIP service ''is received by a customer of a carrier; carriers, CMRS providers, or VoIP increasingly used to replace analog except that such term does not include voice service'' (a trend that continues to service providers, from misusing subscriber list information. Does section 222 provide authority for be the case); (2) it seems reasonable for customers' personally identifiable information (PII) when handling our proposals to promote U.S.-based American consumers to expect that their telephone calls are private irrespective customer service calls relating to customer service, to require heightened protection of sensitive transactions, to of whether the calls are handled by a internet access service provided by such allow customers to request U.S.-based carrier or an interconnected VoIP carriers, CMRS providers, or VoIP service providers or their affiliates? We customer-support representatives, to provider; and (3) the CPNI of interconnected VoIP customers includes also seek comment on the merits and prohibit providers from using call

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applicability of the Sixth Circuit's communications service.'' We therefore described in the Public Notice of the recent holding that section 201(b) of the seek comment on the extent to which a Commission issued on April 4, 2016 (DA 16-357), to disclose to consumers Act, which requires that carrier cable operator or its affiliate that information regarding broadband practices ''in connection with'' a provides internet access is providing a internet access service plans.'' The communication service shall be just and ''wire or radio communications service'' referenced public notice had approved, reasonable, independently authorizes and would qualify as a ''cable operator'' with modifications, the consumer the Commission to adopt data as defined in section 631(a)(2)(C). Section 631(c)(1) states that ''a cable broadband labels proposed by the protection rules that may go beyond the operator shall not disclose personally Commission's Consumer Advisory specific requirements and scope of identifiable information concerning any Committee (CAC), which, according to section 222 of the Act. Cable Television Operators. Section subscriber . . . .'' Does this mean that the public notice, provide ''a simple-to- 632(b) of the Act expressly grants the a cable operator for purposes of section understand format describing the key Commission authority to ''establish 631(c) is an entity that provides ''any factors consumers need to know when standards by which cable operators may wire or radio communications service'' considering broadband service.'' fulfill their customer service (not just cable) and, as such, cannot including information or links to requirements,'' and provides further that disclose the personally identifiable information on prices and fees, ''such standards shall include, at a information of ''any subscriber'' (not performance, network management minimum, requirements governing . . . just cable)? Do other provisions of practices, privacy policy, and a service calls'' and ''communications section 631 further support such an customer service phone number and between the cable operator and the web page. interpretation? subscriber.'' In 1993, the Commission Does the Commission have authority We seek comment on whether section adopted customer service requirements to take direct enforcement action, 60504 authorizes our proposed for cable operators regarding matters should it choose to do so, to ensure that inclusion of information about a specified by Congress. The Commission cable television operators comply with provider's use of foreign customer declined to adopt broader standards at the proposed rules? Although service call centers in the required label content. Would sections 13 and 257 of that time, but reserved the right to revise enforcement of the Act's cable television the Act, section 254 of the Act (in the and supplement the standards to ensure provisions generally is handled by local case of services provided pursuant to that customer service satisfaction is franchising authorities, the Commission the Commission's universal service achieved nationwide. Do the regulations has broad enforcement authority under programs), and the Commission's Title proposed herein to safeguard customers' the Act. Is there anything in section 632 III licensing authority (in the case of personal information and to ensure of the Act or its legislative history that precludes the Commission from mobile broadband providers) provide customer service representatives are enforcing its own standards? additional authority for this proposed equipped to resolve service issues fall DBS Providers. Section 303(v) of the within the Commission's authority to rule? If, in addition, we were to require Act grants the Commission ''exclusive adopt ''requirements governing . . . providers of other (non-broadband) jurisdiction to regulate the provision of service calls'' or ''communications services covered by our proposed rules direct-to-home satellite services,'' and between the cable operator and the to disclose on their websites the same section 335(a) authorizes the subscriber''? information regarding their use of Commission to impose ''public interest In addition, section 631(c) expressly foreign customer service call centers, or other requirements'' for providing provides that ''a cable operator shall not would the various statutory provisions disclose personally identifiable video programming. Does this authority discussed in the previous paragraphs information concerning any subscriber'' encompass customer service standards (with respect to telecommunications without prior consent and ''shall take and related privacy practices? Would service, CMRS, interconnected VoIP such actions as are necessary to prevent the regulations proposed herein serve service, cable television service, and unauthorized access to such information the public interest by requiring DBS DBS) provide authority? by a person other than the subscriber or providers in ''providing video Actions of Agents. Do we have legal cable operator.'' We seek comment on programming'' to safeguard customers' authority to hold covered service whether this provision also supports personal information and to ensure providers responsible for the actions of rules addressing foreign call center use customer service representatives are companies or organizations that operate foreign call centers on their behalf? We and related data protection measures in equipped to resolve service issues? Do note that for common carriers and users order to enhance the existing customer we also have authority under other service protections. Does this legal provisions of Title III to adopt these of carrier services, section 217 of the Act authority extend to personally rules for DBS providers, including expressly states: In construing and enforcing the identifiable information regarding sections 301, 303(b), 307, and 316? provisions of this chapter, the act, Further, we seek comment on whether subscribers to internet access service omission, or failure of any officer, agent, we have--and should exercise-- offered by a cable operator? Section or other person acting for or employed ancillary authority under section 4(i) of 631(a)(2)(c) defines ''cable operator,'' for by any common carrier or user, acting purposes of section 631 (other than the Act to extend our customer service subsection (h)), to include ''any person requirements to DBS providers. We also within the scope of his employment, who (i) is owned or controlled by, or shall in every case be also deemed to be seek comment on whether there are under common ownership or control the act, omission, or failure of such alternative or additional statutes or with, a cable operator, and (ii) provides arguments that provide a legal basis for carrier or user as well as that of the any wire or radio communications our authority for the proposed person. The Commission has observed that service.'' Accordingly, a ''cable requirements for DBS providers. Broadband Label. Section 60504 of ''Congress's clear intent in enacting operator'' for purposes of Section 631 is section 217 was to ensure that common the Infrastructure Investment and Jobs not limited to an entity that provides carriers not flout their statutory duties ''cable service''; rather, it includes ''any Act directed the Commission to adopt regulations requiring ''the display of by delegating them to third parties.'' person'' owned by a cable operator that provides ''any wire or radio broadband consumer labels, as The Commission has stated further that

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transfer a call--then do so upon a carrier's liability for the conduct of unreasonable practice in connection agents or contractors extends to actions request--to a domestic call center? with communication service, the use by within the scope of their employment a carrier, CMRS provider, or To the extent that the TCPA confers that are contrary to the carrier's policies, interconnected VoIP service provider of independent authority on the for ''[t]o hold that [s]ection 217 does not a call center located in a foreign Commission to prohibit or regulate extend to independent contractors adversary country? certain practices of foreign call centers, acting inconsistently with the carrier's may the Commission impose liability We seek comment on these potential policy would create a loophole in the for such practices on the service sources of authority and on any requirements of the Act and frustrate provider or other entity that authorizes additional sources of authority clear legislative intent.'' We seek a foreign call center to engage in such supporting the application of our comment on how these precedents practices? The Commission has proposed rules to the types of service inform the scope of our authority under specifically ruled that a seller may be providers described above. We also seek section 217. held vicariously liable under federal comment on our statutory authority to Further, the Commission has stated common law principles of agency for apply the proposed foreign call center that ''under long established principles violations of sections 227(b) and 227(c) customer service and information of common law, statutory duties are of the Act committed by third-party protection rules to other nondelegable and that employers are telemarketers that are authorized to communications services offered to routinely held liable for breach of market the seller's goods or services. By consumers, including non- statutory duties by their independent the same reasoning, may the interconnected VoIP, internet access contractors.'' Thus, the Commission has Commission hold a seller vicariously services, and data services offered in consistently found that ''[l]icensees and liable under federal common law conjunction with both CMRS and direct other Commission regulatees are principles of agency for violations of the broadcast satellite services. Further, we responsible for the acts and omissions of Commission's rules implementing seek comment on how our rights under their employees and independent sections 227(c) and 227(d) of the Act other trade agreements, including free contractors.'' Do these precedents committed by authorized third-party trade agreements, might serve as provide authority for our proposals, telemarketers? authority for our proposed rules. independently of our authority under Authority Under the TCPA. We also Requirements Applicable to Entities section 217? seek comment on our authority under Providing NANP Numbers to National Security. Do the national Businesses. We also seek comment on the TCPA to adopt the proposed rules. security risks raised by foreign call whether we have authority to make our For example, section 227(c) expressly centers' access to personal data of U.S. proposed rules applicable more broadly, authorizes the Commission to adopt citizens provide a basis to adopt the e.g., to ''stand-alone'' providers of non- rules that ''implement methods and rules proposed above, including, for interconnected VoIP, internet access, procedures'' to ''protect residential example, our proposal to prohibit and other internet-only services, or even telephone subscribers' privacy rights to covered service providers from using to providers of non-communications avoid receiving telephone solicitations call centers or customer service products and services, pursuant to our to which they object.'' The Commission representatives located in ''foreign authority to ensure the efficient and has adopted implementing rules, adversary'' nations? We note that a appropriate use of telephone numbers, including the establishment of a principal purpose of the Act is to pursuant to section 251(e) of the Act. database of residential subscribers provide for national defense. In For example, could we adopt a objecting to telephone solicitations. exercising its Title II and III authority to requirement applicable to Would this provision authorize the authorize the construction and transfer telecommunications carriers and VoIP Commission to adopt a rule that of telecommunications facilities and service providers, providing that, prior requires foreign callers making radio stations, the Commission exercises to providing U.S. telephone numbers to telephone solicitations to disclose and special vigilance to prevent risks to businesses that operate call centers provide to the consumer an opportunity national security, including risks arising abroad, or prior to allowing the routing to specifically object to receiving such from a company's access to sensitive abroad of calls placed to such U.S. solicitations and messages from outside data. Moreover, with respect to numbers, a telecommunications carrier of the United States? Would it authorize international telecommunications or VoIP service providers must obtain a the Commission to adopt American services, we have the right under the certification in writing that the assignee Standard English proficiency standards General Agreement on Trade in Services of such telephone number shall ensure for telephone solicitations made from to enforce ''the protection of the privacy that any foreign call center using such foreign call centers to residential of individuals in relation to the number shall comply with the telephone subscribers in the United processing and dissemination of requirements of the rules proposed States? personal data and the protection of herein? We also seek comment generally As another example, section 227(d) confidentiality of individual records on any other bases of authority for our directs the Commission to ''prescribe and accounts'' and protect our citizens proposals regarding the use of foreign technical and procedural standards for from ''deceptive and fraudulent customers service operations by systems that are used to transmit any practices.'' We also note that, under the providers. artificial or prerecorded voice message Protecting Americans' Data from Could we similarly rely on section via telephone,'' including a requirement Foreign Adversaries Act of 2024, 251(e) to extend some or all of our that artificial or prerecorded messages disclosure of ''personally identifiable proposed requirements regarding the state certain information about the sensitive data'' of a U.S. individual to use of foreign customer service caller. Would this provision support a any entity controlled by a foreign operations for calls other than those requirement that an artificial or adversary is treated as an unfair or made on behalf of providers? Are there prerecorded message specify, at the deceptive act or practice under the other sources of authority that we could beginning of the message, that the call Federal Trade Commission Act. rely on to extend some or all of our center is foreign? Would this provision Analogously, would the Commission proposed requirements to such calls? also support a requirement to offer to have authority to prohibit, as an

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customer service representatives do 2. Authority for Fee or Bond Solutions for customers increase? Would providers employ, either directly or providers be able to save some We also seek comment on whether the through a contractor, in foreign call personnel costs by deploying AI or Commission has authority under the Act centers? Where are foreign call centers automated systems to work with to impose a fee or bond on service used by providers located? How many representatives to handle calls more providers that transmit calls from representatives do providers employ, efficiently while maintaining high foreign countries to the United States, either directly or through a contractor, quality customer service? How costly which fee or bond would be subject, in in the United States? Do U.S.-based would these solutions be? We ask whole or in part, to forfeiture if the representatives work remotely or at call commenters to describe how providers service provider allows unlawful calls. centers? What impact might the would respond to various thresholds for For example, in 2023, the Commission proposed requirements have on the cost the share of calls answered by a U.S.- adopted expanded caller ID of services for consumers? based representative. For example, how authentication and robocall mitigation Next, we focus on the difference would providers respond if the requirements, relying on sections between the cost of hiring customer threshold were 30%, 50%, and 75%? 201(b), 202(a), and 251(e) of the service representatives in the United How would providers respond if there Communications Act, the Truth in States and in other countries. Indeed is was no threshold but providers were Caller ID Act, and its ancillary a private company that collects data on required to transfer calls to U.S.-based authority. Would these provisions also workers' salaries around the world. representatives upon customer request? authorize a requirement for service Table 1 below shows Indeed's estimates Benefits. If the proposed policies are providers to post a bond as a condition of the average annual salaries of adopted, consumers might receive better of participation in the Robocall customer service representatives in customer service, potentially saving Mitigation Database, which would be India, the Philippines, and Mexico as of consumers time and money. Are there subject to forfeiture if the service February 2026. In addition, based on ways to measure the benefit to provider allows unlawful calls? Would Indeed and the U.S. Bureau of Labor consumers of improved satisfaction these or other statutory provisions Statistics (BLS) data, Table 1 below also with customer service? provide the Commission with authority In addition, the proposed policies shows estimates of average annual to implement bond requirements may reduce financial losses stemming salary for customer service generally, or to impose specific fees for from scams connected to foreign call representatives in the United States. We unlawful traffic, including those centers by requiring that only U.S.- seek comment on which other countries specifically discussed above? based representatives handle calls that host provider call centers and whether involve sensitive customer information any of the countries should be removed D. Costs and Benefits and reducing the number of calls that from the list. This NPRM proposes to require are handled by foreign call centers. The providers to ensure that foreign call 1--A C S - FBI reports that consumers lost at least ABLE VERAGE USTOMER ERVcenter staff are proficient in American $1.3 billion to call center fraud in 2023. R S ICE EPRESENTATIVE ALARIESStandard English, to ensure that U.S.- We expect that a very large share of this 2026 based customer service representatives amount is attributable to scam call handle all customer calls involving centers. Such centers are operated for Annual sensitive customer information, to limit the sole purpose of conducting scams Country salary the volume of customer calls handled by and are unlikely to be answering or (USD) foreign call centers, to notify customers making calls for legitimate American TIndia ............................................ $2,904 when they are speaking to a foreign call businesses. We seek comment on how Philippines .................................. 5,115 center, to transfer calls to a U.S.-based much of the above total is connected to Mexico ........................................ 16,252 call center upon request, and to report foreign call centers employed by United States (Indeed) ............... 66,809 on associated customer service metrics. legitimate American businesses. United States (BLS) .................... 46,372 These policies are expected to improve However, even if a very large share of the quality of customer service and We seek comment on the salaries in call center fraud is attributable to scam reduce financial losses stemming from Table 1. Are they reasonably accurate? call centers, reducing the volume of scams connected to foreign call centers. The data suggest that customer service calls that is handled by legitimate Providers, however, may incur costs to representatives are paid significantly foreign call centers may reduce financial shift call center operations to the United more in the United States compared to losses stemming from scam call centers. States. India, the Philippines, and Mexico. To This could happen if American callers Costs. To understand the effect of understand how provider costs would become more suspicious and cautious in these policies on providers' costs, we change if the proposed policies were interactions with foreign call center staff need to understand how providers are adopted, we seek comment on how as such interactions become more rare. currently providing call-based customer providers would change their customer We seek comment on this. service. First, do providers operate call service practices to respond to the Based on an assessment of the costs centers, either domestically or overseas, proposed policies. Would any provider and benefits of the Commission's in house or under contract with other need to set up a call center in the United proposals, are there other approaches to companies? How does this structure States or hire a contractor for call center achieving the Commission's goals? affect the costs of operating call centers, services in the United States? How II. Initial Regulatory Flexibility and the decision to host customer many U.S.-based representatives would Analysis service domestically or overseas? How providers need to hire? If a provider

As required by the Regulatory needs to set up a call center in the does it affect the share of calls handled United States, what additional costs, Flexibility Act of 1980, as amended domestically and overseas? besides hiring representatives, would it With respect to individual providers, (RFA), the Federal Communications face? How much, if at all, would how many customer calls are handled in Commission (Commission) has prepared providers reduce the number of foreign foreign call centers and what share of this Initial Regulatory Flexibility representatives? Would call wait times calls does this represent? How many Analysis (IRFA) of the policies and rules

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a foreign call center makes a call to a Our actions, over time, may affect proposed in the Notice of Proposed consumer or answers a call from a Rulemaking (NPRM) assessing the small entities that are not easily consumer. possible significant economic impact on categorized at present. We therefore describe three broad groups of small B. Legal Basis The Commission requests written public entities that could be directly affected The proposed NPRM is authorized comments on this IRFA. Comments by our actions. In general, a small pursuant to sections 1-4, 201(b), 202(a), must be identified as responses to the business is an independent business 217, 222, 227, 251(e), 301, 303, 316, 332, IRFA and must be filed by the deadlines having fewer than 500 employees. These 631, 632 of the Communications Act of for comments specified on the first page types of small businesses represent 1934, as amended, 47 U.S.C 151-154, of the NPRM. The Commission will 99.9% of all businesses in the United 201(b), 202(a), 217, 222, 227, 251(e), send a copy of the NPRM including this States, which translates to 34.75 million 301, 303, 332, 631, 632, Section 60504 IRFA, to the Chief Counsel for the SBA businesses. Next, ''small organizations'' of the Infrastructure Investment and Office of Advocacy. In addition, the are not-for-profit enterprises that are Jobs Act, 47 U.S.C. 1753, and §§ 1.411- NPRM and IRFA (or summaries thereof) independently owned and operated and 1.413, and 1.421 of the Commission's will be published in the Federal not dominant their field. While we do rules, 47 CFR 1.411-1.413, 1.421. Register. not have data regarding the number of C. Description and Estimate of the non-profits that meet that criteria, over A. Need for, and Objectives of, the Number of Small Entities to Which the 99 percent of nonprofits have fewer than Proposed Rules Will Apply 500 employees. Finally, ''small America's communication service governmental jurisdictions'' are defined The RFA directs agencies to provide providers conduct sales and customer a description of and, where feasible, an as cities, counties, towns, townships, service interactions through a variety of estimate of the number of small entities villages, school districts, or special channels, including phone calls, online that may be affected by the proposed districts with populations of less than chat, email, and text messages. rules, if adopted. The RFA generally fifty thousand. Based on the 2022 U.S. Increasingly these entry points connect defines the term ''small entity'' as Census of Governments data, we consumers with foreign call centers. having the same meaning as the terms estimate that at least 48,724 out of Foreign call centers may employ ''small business,'' ''small organization,'' 90,835 local government jurisdictions individuals who, even if trained to and ''small governmental jurisdiction.'' have a population of less than 50,000. speak English, might not pick up on In addition, the term ''small business'' The rules proposed in the NPRM will other cues that are critical to has the same meaning as the term apply to small entities in the industries understanding a consumer, e.g., idioms, ''small business concern'' under the identified in the chart below by their intonation, and other speech Small Business Act (SBA). A ''small six-digit North American Industry characteristics that are just as important business concern'' is one which: (1) is Classification System (NAICS) codes as words. Foreign call centers might also independently owned and operated; (2) and corresponding SBA size standard. be located in a country without the is not dominant in its field of operation; Based on currently available U.S. same guarantees that consumer and (3) satisfies any additional criteria Census data regarding the estimated information will be safeguarded in ways established by the SBA. The SBA number of small firms in each identified required by American laws or in a establishes small business size industry, we conclude that the proposed foreign adversary nation. The standards that agencies are required to rules will impact a substantial number Commission expects the measures use when promulgating regulations of small entities. Where available, we proposed in the NPRM will improve relating to small businesses; agencies also provide additional information U.S. customer service and better protect may establish alternative size standards regarding the number of potentially U.S. consumers' sensitive personal for use in such programs, but must affected entities in the above identified information by limiting foreign access to consult and obtain approval from SBA industries. that information, regardless of whether before doing so.

1--C NAICS C T TABLE TENSUS BUREAU DATA BY SODE PABLE

% Small Regulated industry (NAICS classification) NAICS code SBA size standard Total firms Small firms firms in industry

Wired Telecommunications Carriers ........................... 517111 1,500 employees ... 3,403 3,027 88.95

Wireless Telecommunications Carriers (except Sat- 517112 1,500 employees ... 1,184 1,081 91.3 ellite).

Telecommunications Resellers .................................... 517121 1,500 employees ... 955 847 88.69

All Other Telecommunications .................................... 517810 $40 million .............. 1,673 1,007 60.19

Satellite Telecommunications ...................................... 517410 $44 million .............. 332 195 58.73

Telemarketing Bureaus and Other Contact Centers ... 561422 $25.5 million ........... 2,380 1,798 75.55

2--T D ABLE ELECOMMUNICATIONS ERVICE ROVIDER ATA

2024 Universal service monitoring report telecommunications service provider data SBA size standard (data as of December 2023) (1500 employees) Total # FCC % Small Affected entity form 499A Small firms entities filers

Local Exchange Carriers (LECs) ................................................................................................. 4,904 4,493 91.62

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2024 Universal service monitoring report telecommunications service provider data SBA size standard (data as of December 2023) (1500 employees) Total # FCC % Small Affected entity form 499A Small firms entities filers

TLocal Resellers ............................................................................................................................ 222 217 97.75

Toll Resellers ............................................................................................................................... 411 398 91.33

Telecommunications Resellers .................................................................................................... 633 615 97.16

Wired Telecommunications Carriers ........................................................................................... 4,682 4,276 91.33

Wireless Telecommunications Carriers (except Satellite) ........................................................... 585 498 85.13

Wireless Telephony ..................................................................................................................... 326 247 75.77

In the NPRM, the Commission seeks efficient tracking of consumer D. Description of Economic Impact and comment regarding several alternative complaints related to call centers and Projected Reporting, Recordkeeping, proposals and possible approaches it customer service. Additionally, in the and Other Compliance Requirements for may take to meet its consumer Small Entities NPRM, the Commission seeks comment protection and national security on whether and how fees, or a The RFA directs agencies to describe objectives. Small entities are encouraged requirement to post a bond, could be the economic impact of proposed rules to bring to the Commission's attention used to increase the costs associated on small entities, as well as projected any specific concerns they may have with making fraudulent or other reporting, recordkeeping and other with the proposals outlined in the unlawful calls to the U.S. from foreign compliance requirements, including an NPRM and outline any additional countries. estimate of the classes of small entities alternatives, especially alternatives that The Commission seeks comment on which will be subject to the are less burdensome, less costly, or how provider operating costs would requirements and the type of more effective. change, and how providers might adjust professional skills necessary for their customer service practices, if the preparation of the report or record. F. Federal Rules That May Duplicate, proposed policies were adopted. The Overlap, or Conflict With the Proposed The changes proposed in the NPRM, information we receive in comments Rules if adopted, may impose new or modified will help the Commission identify and reporting, recordkeeping, and or other None. evaluate relevant compliance matters, compliance obligations on certain small costs, and other possible burdens for entities. In the NPRM, the Commission small entities that may result from the proposes requirements that United 47 CFR Part 8 proposals and inquiries made in the States (U.S.) authorized service NPRM. The Commission will consider providers ensure that foreign call center Cable television, Common carriers, the economic impact on small entities, staff are proficient in American Communications, Consumer protection, as identified in comments filed in Standard English, in order to limit the internet, Radio, Reporting and response to the NPRM, in reaching its volume of U.S. customer calls handled recordkeeping requirements, Security final conclusions and taking action in by foreign call centers. The Commission measures, Telecommunications, this proceeding. also proposes a requirement to notify Telephone. customers when they are speaking to a E. Discussion of Significant Alternatives 47 CFR Part 25 foreign call center, allowing a U.S. Considered That Minimize the consumer to transfer calls to a U.S.- Significant Economic Impact on Small based call center upon request. In Entities procedure. addition, this NPRM proposes that U.S. The RFA directs agencies to provide call centers should handle certain 47 CFR Part 64 a description of any significant transactions involving sensitive Carrier equipment, Customer alternatives to the proposed rules that consumer information only via call premises equipment, Communications would accomplish the stated objectives centers located in the United States, and common carriers, Reporting and of applicable statutes, and minimize any proposes to prohibit providers from recordkeeping requirements, significant economic impact on small using call centers in ''foreign adversary'' Telecommunications, Telephone. nations. The Commission also proposes entities. The discussion is required to include alternatives such as: ''(1) the to require U.S. providers to disclose in 47 CFR Part 76 establishment of differing compliance or consumer disclosure labels or websites reporting requirements or timetables the percentage of calls handled in U.S. Television. call centers, and to track and report that take into account the resources Federal Communications Commission. available to small entities; (2) the their compliance with these proposed Marlene Dortch, clarification, consolidation, or rules, and seeks comment about the appropriate frequency for making such simplification of compliance and reporting requirements under the rule reports. The Commission further for such small entities; (3) the use of proposes to direct the Consumer and performance rather than design Governmental Affairs Bureau, and other For the reasons discussed in the staff as necessary, to establish standards; and (4) an exemption from preamble, the Federal Communications coverage of the rule, or any part thereof, mechanisms within the Commission's Commission proposes to amend 47 CFR for such small entities.'' informal complaints system that allow parts 8, 25, 64, and 76 as follows:

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representatives located outside of the uses customer proprietary network PART 8--INTERNET TRANSPARENCY information outside of the United States FOR CONSUMERS (3) Inform customers at the beginning or makes customer proprietary network ■ 1. The authority citation for part 8 of each call that the call is being information available to any customer handled by a customer representative representative located outside of the located outside of the United States and United States, must: Authority: 47 U.S.C. 151, 152, 154, 201(b), that the customer has the right to have 257, 302a, 303(r), 312, 333, 503, and 1753. (1) Ensure that its customer the call transferred to a customer representatives located outside of the Subpart A--Broadband Transparency United States are proficient in spoken States. ■ 2. Amend § 8.1 by revising the and written American Standard English. (4) Upon request, transfer the call to introductory text of paragraph (a) to (2) Ensure that no more than [XX] a customer representative located percent of calls to or from customers are within the United States. Wait times for handled by a customer representative transferred calls must be no longer than § 8.1 Transparency. located outside of the United States. (a) Any person providing broadband those for calls routed directly to a internet access service shall publicly (3) Inform customers at the beginning customer representative located within disclose accurate information regarding of each call that the call is being the United States. the network management practices, handled by a customer representative (5) Ensure that calls or other performance characteristics, and located outside of the United States and communications, such as by electronic commercial terms of its broadband that the customer has the right to have mail, text messages, or online chat, that internet access services, and the the call transferred to a customer involve access to or transmission of percentage of calls to or from customers sensitive consumer information, that are handled by a customer States. account information, or financial information, such as passwords, (4) Upon request, transfer the call to States, sufficient to enable consumers to password resets, multi-factor a customer representative located make informed choices regarding the authentication codes, social security within the United States. Wait times for purchase and use of such services and numbers, bank account numbers, or transferred calls must be no longer than entrepreneurs and other small credit card numbers, are handled by a those for calls routed directly to a businesses to develop, market, and customer representative located within customer representative located within maintain internet offerings. Such the United States. the United States. disclosure shall be made via a publicly (6) Not utilize any customer (5) Ensure that calls or other available, easily accessible website or representative located in a foreign communications, such as by electronic through transmittal to the Commission. adversary nation as defined in 15 CFR mail, text messages, or online chat, that 791.2 and identified in 15 CFR 791.4. * * * * * involve access to or transmission of (7) Track and report its compliance sensitive consumer information, PART 25--SATELLITE with paragraphs (g)(1)-(g)(5) of this account information, or financial COMMUNICATIONS section. information, such as passwords, (h) The term ''affiliate'' in paragraph ■ 3. The authority citation for part 25 password resets, multi-factor (g) of this section means any ''affiliate'' authentication codes, social security of a DBS provider, as defined by 47 numbers, bank account numbers, or Authority: 47 U.S.C. 154, 301, 302, 303, U.S.C. 153(2), that provides internet credit card numbers, are handled by a 307, 309, 310, 319, 332, 605, and 721, unless access service. otherwise noted. customer representative located within the United States. PART 64--MISCELLANEOUS RULES Subpart J--Public Interest Obligations RELATING TO COMMON CARRIERS (6) Not utilize any customer ■ 4. Amend § 25.701 by revising the representative located in a foreign ■ 5. The authority citation for part 64 introductory text of paragraph (a) and by adversary nation as defined in 15 CFR adding paragraphs (g) and (h) to read as 791.2 and identified in 15 CFR 791.4. follows: Authority: 47 U.S.C. 151, 152, 154, 201, (7) Track and report its compliance 202, 217, 218, 220, 222, 225, 226, 227, 227b, with paragraphs (g)(1)-(g)(5) of this § 25.701 Other DBS Public Interest 228, 251(a), 251(e), 254(k), 255, 262, 276, section. Obligations 403(b)(2)(B), (c), 616, 620, 716, 1401-1473, (a) DBS providers are subject to the unless otherwise noted; Pub. L. 115-141, Div. (h) The term ''affiliate'' in paragraph public interest obligations set forth in P, sec. 503, 132 Stat. 348, 1091; Pub. L. 117- (g) of this section means any ''affiliate'' paragraphs (b) through (g) of this 338, 136 Stat. 6156. of a telecommunications carrier, as section. As used in this section, DBS defined by 47 U.S.C. 153(2), that Subpart U--Privacy of Customer providers are any of the following: provides internet access service. * * * * * (g) A DBS provider or its affiliate that PART 76--MULTICHANNEL VIDEO ■ 6. Amend § 64.2009 by adding AND CABLE TELEVISION SERVICE utilizes customer representatives paragraphs (g) and (h) to read as follows: located outside of the United States to § 64.2009 Safeguards required for use of ■ 7. The authority citation for part 76 engage in customer service customer proprietary network information communications, must: * * * * * (1) Ensure that its customer Authority: 47 U.S.C. 151, 152, 153, 154, (g) A telecommunications carrier or representatives located outside of the 301, 302, 302a, 303, 303a, 307, 308, 309, 312, its affiliate that utilizes customer United States are proficient in spoken 315, 317, 325, 335, 338, 339, 340, 341, 503, representatives located outside of the and written American Standard English. 521, 522, 531, 532, 534, 535, 536, 537, 543, (2) Ensure that no more than [XX] United States to engage in customer 544, 544a, 545, 548, 549, 552, 554, 556, 558, percent of calls are handled by customer service communications or otherwise 560, 561, 562, 571, 572, 573.

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• Mail: Submit written comments to by 47 U.S.C. 153(2), that provides Subpart H--General Operating internet access service. Rick DeVictor, NMFS, Southeast Requirements Regional Office, Sustainable Fisheries * * * * * ■ 8. Amend § 76.309 by adding Division, 263 13th Avenue South, St. [FR Doc. 2026-07960 Filed 4-22-26; 8:45 am] paragraphs (c)(1)(vi) and (vii) to read as Petersburg, FL 33701. BILLING CODE 6712-01-P follows:
  § 76.309 Customer service obligations.

• • * * * the comment period will not be (c) * * * considered by NMFS. All comments received are a part of the public record (1) * * * and will generally be posted for public (vi) A cable operator or its affiliate 50 CFR Part 622 viewing on https://www.regulations.gov that utilizes customer representatives without change. All personal identifying located outside of the United States to [Docket No. 260420-0106] information (e.g., name, address, etc.), engage in customer communications, RIN 0648-BN69 including answering calls to the access line or making calls to subscribers, Fisheries of the Caribbean, Gulf of must: America, and South Atlantic; Snapper- be publicly accessible. NMFS will (A) Ensure that its customer Grouper Fishery of the South Atlantic; accept anonymous comments--enter representatives located outside of the Regulatory Amendment 36 ''N/A'' in the required fields if you wish United States are proficient in spoken to remain anonymous. AGENCYand written American Standard English. An electronic copy of Regulatory (B) Ensure that no more than [XX] Amendment 36, which includes a percent of calls are handled by customer Commerce. fishery impact statement and a representatives located outside of the regulatory impact review, may be ACTIONobtained from the Southeast Regional comments. (C) Inform customers at the beginning Office website at https://: NMFS seeks public comment of each call that the call is being www.fisheries.noaa.gov/action/ SUMMARYon proposed regulations to implement handled by a customer representative regulatory-amendment-36-fishery- Regulatory Amendment 36 under the located outside of the United States and management-plan-snapper-grouper- Fishery Management Plan for the that the customer has the right to have fishery-south-atlantic. Snapper-Grouper Fishery of the South the call transferred to a customer The unique identification number for Atlantic (Snapper-Grouper FMP). This the environmental review for Regulatory proposed rule would revise the States. Amendment 36 is: NOAA-NMFS-2025- recreational vessel limits for gag and (D) Upon request, transfer the call to 0339. black grouper. Additionally, this a customer representative located : Rick proposed rule would revise the transit within the United States. Wait times for DeVictor, telephone: 727-824-5305, or storage requirements for commercial on- transferred calls must be no longer than email: rick.devictor@noaa.gov. demand, also known as ropeless, black those for calls routed directly to a sea bass pots. The purpose of these : NMFS, in customer representative located within regulatory changes is to increase collaboration with the South Atlantic the United States. biological benefits to the gag and black Fishery Management Council (Council), (E) Ensure that calls or other grouper stocks, and to allow more manages the South Atlantic snapper- communications, such as by electronic practical transit of vessels through grouper fishery, which includes gag, mail, text message, or online chat that certain gear restricted areas with on- black grouper, and black sea bass, in involve access to or transmission of demand black sea bass pots on board Federal waters under the Snapper- sensitive consumer information, consistent with mandates in the Grouper FMP. The Snapper-Grouper account information, or financial FMP was prepared by NMFS and the information, such as passwords, Council, and is implemented by NMFS password resets, multi-factor (Magnuson-Stevens Act). through regulations at 50 CFR part 622 authentication codes, social security under the authority of the Magnuson- DATESnumbers, bank account numbers, or Stevens Act. received on or before May 26, 2026. credit card numbers, are handled by a The Magnuson-Stevens Act requires customer representative located within ADDRESSESthat NMFS and regional fishery of this proposed rule is available at the United States. management councils prevent (F) Not utilize any customer overfishing and continually achieve the NOAA-NMFS-2025-0339. You may representative located in a foreign optimum yield from federally managed submit comments on this document, adversary nation as defined in 15 CFR fish stocks. These mandates are identified by NOAA-NMFS-2025-0339, 791.2 and identified in 15 CFR 791.4. intended to ensure that fishery (G) Notwithstanding subparagraph resources are managed for the greatest (C)(1)(iii) of this subsection, track and overall benefit to the Nation, report its compliance with Federal e-Rulemaking Portal. Go to particularly with respect to providing subparagraphs (c)(1)(vi)(A) through (E) food production and recreational of this section. NOAA-NMFS-2025-0339 in the Search opportunities, and protecting marine ecosystems. To further this goal, the (vii) The term ''affiliate'' in paragraph box. Click on the ''Comment'' icon, (c)(1)(vi) of this section means any complete the required fields, and enter Magnuson-Stevens Act also requires ''affiliate'' of a cable operator, as defined or attach your comments. fishery managers to minimize bycatch

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expressed interest in revising these grouper unlimited to catch a variety of and bycatch mortality to the extent regulations to establish an aggregate species. Currently, only commercial This action is proposed under the vessel limit of two gag or black grouper fishermen with a black sea bass pot statutory authority of the Magnuson- in any combination, rather than the endorsement to that permit may fish for Stevens Act, section 303(a)(1) as separate, species-specific limits of two black sea bass using sea bass pots in the necessary and appropriate for the gag and two black grouper per vessel, Federal waters of the South Atlantic. conservation and management of the which could be up to four fish in total. There are MPAs and spawning SMZs in fishery to prevent overfishing and The Council determined that the South Atlantic Federal waters where rebuild overfished stocks, and to aggregate vessel limits recommended in commercial fishermen may not fish for, promote the long-term health and Regulatory Amendment 36 would harvest, or possess species in the stability of the fishery. provide further biological benefits when snapper-grouper fishery management compared to the species-specific vessel unit. However, existing regulations limits for gag and black grouper allow commercial fishermen to possess Amendment 53 to the Snapper- contained in Amendment 53. NMFS has snapper-grouper species while in transit Grouper FMP and its implementing through an MPA or spawning SMZ with evaluated the recommendations final rule established vessel limits for a black sea bass pot on board and with transmitted by the Council and gag and black grouper in the private and fishing gear appropriately stowed, concluded, pending review of public the charter vessel and headboat (for- comment, that this proposed regulatory requiring that the black sea bass pots are hire) components of the recreational change could have beneficial biological not baited, and all buoys must be sector (88 FR 65135, September 21, effects to the gag and black grouper disconnected from the gear but may 2023). Amendment 53 responded to the stocks if it results in reduced landings, remain on deck. However, commercial most recent stock assessment for South and it could reduce the rebuilding time fishermen that use on-demand black sea Atlantic gag, Southeast Data, for the gag stock. The gag stock is bass pots have stated that the buoys Assessment, and Review (SEDAR) 71 currently in a rebuilding plan attached to the pots are more difficult to (2021). Based on the results of SEDAR established through Amendment 53 and disconnect from on-demand gear than 71, NMFS determined that the South is expected to be rebuilt by 2032. from traditional roped gear, which Atlantic gag stock is overfished and If implemented, Regulatory makes compliance with the transit undergoing overfishing. Given the Amendment 36 and this proposed rule requirements more burdensome. substantial reduction in harvest that was would also revise the transit provisions Therefore, to better accommodate needed to end overfishing of gag in marine protected areas (MPAs) and commercial snapper-grouper fishermen immediately and to increase the spawning special management zones with on-demand gear on their vessels likelihood of rebuilding the gag stock, (spawning SMZs) for commercial while promoting potentially positive the Council recommended recreational fishermen with snapper-grouper species benefits to protected marine species vessel limits for gag in Amendment 53. and on-demand, or ropeless, black sea through the use of on-demand black sea The purpose of establishing recreational bass pots on board. Traditional black sea bass pots, the Council developed vessel limits for gag was to continue to bass pot fishing gear includes rope Regulatory Amendment 36 to allow allow some level of recreational attached to the pot and vertical end buoys to remain connected to on- retention while helping to constrain lines that stay in the water column demand black sea bass pot gear when harvest to the reduced recreational connected to surface buoys while the vessels transit through MPAs and annual catch limit (ACL). Because of gear is deployed, presenting an spawning SMZs if on-demand black sea their similar appearance, gag and black entanglement risk to protected marine bass pots are not baited. After an initial grouper are misidentified by species such as North Atlantic right review, NMFS concurs that this recreational fishermen. Because of this whales. Both traditional roped and on- proposed regulatory change could result misidentification issue and the need to demand gear currently in use must in the stated benefits pending additional greatly reduce the harvest of gag to end comply with the same requirements for review of public comment. overfishing and rebuild the stock, the black sea bass pots (same dimensions, Management Measures Contained in Council also recommended recreational mesh size, escape panels, etc.), and pots This Proposed Rule vessel limits for black grouper to equipped with on-demand gear are indirectly benefit gag. NMFS seeks public comment on the fished the same way as roped pots in Specifically, Amendment 53 following management measures in this terms of soak times, bait, etc. On- recommended and its implementing proposed rule. demand types of sea bass pot gear differ final rule established a private from roped gear by storing buoys and Gag and Black Grouper Recreational recreational vessel limit for gag of two their retrieval devices at depth, being Vessel Limits fish per vessel per day and a private deployed into the water column only If implemented by NMFS, this recreational vessel limit for black when fishermen are present to retrieve proposed rule would reduce the current grouper of two fish per vessel per day, the gear. Further adoption of on-demand recreational vessel limits for gag and not to exceed the daily recreational bag gear by commercial black sea bass black grouper as described earlier and limit of one fish per person per day, fishermen using sea bass pots would be shown in table 1. This proposed rule whichever is more restrictive. For expected to lower the probability of would establish aggregate vessel limits recreational for-hire vessels, negative interactions with protected of two fish of gag or black grouper in Amendment 53 recommended and the marine species that may be vulnerable any combination on a per day basis for final rule established similar separate to entanglement in black sea bass pots fishermen on private recreational vessel limits for gag and black grouper with traditional roped gear. vessels and on a per trip basis for Commercial fishery participants can of two fish per vessel per trip, not to fishermen on recreational for-hire obtain Federal permits to catch and sell exceed the daily bag limit of one fish vessels. These regulatory changes could certain species and endorsements per person per day, whichever is more authorizing them to use particular gear. have beneficial biological effects on the restrictive. After NMFS implemented the final Many participants use the Federal gag and black grouper stocks and could reduce the rebuilding time for the gag rule for Amendment 53, the Council commercial vessel permit for snapper-

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stock if they reduce landings of gag and black grouper.

1--C B V L R C G B ABLE URRENT AND ROPOSED AG AND ESSEL IMITS BY ECREATIONAL OMPONENT OF AG OR LACK G ROUPER

Recreational harvest of gag or black grouper Recreational Current limits Proposed limits component TVessel limit with 2 or PVessel limit with 2 or Bag limit per angler Bag limit per angler more anglers more anglers

Private .............. 1 total per day ................... 2 of each species per day; 4 total ..... 1 total per day ................... 2 total per day.

For-hire ............. 1 total per day ................... 2 of each species per trip; 4 total ...... 1 total per day ................... 2 total per trip.

Note: The current and proposed vessel limits apply only if there are two or more anglers on the vessel.

As shown in table 1, the proposed that buoys are more difficult to objectives of this proposed rule are changes to the vessel limits would not contained in the and disconnect from on-demand pots than SUMMARYaffect the current recreational bag limits sections of from traditional pots. Therefore, NMFS for gag and black grouper. The this proposed rule. expects this proposed action to reduce The Magnuson-Stevens Act provides recreational bag limit is one gag or black the burden on fishermen transiting the statutory basis for this proposed grouper per person per day on private through MPAs and spawning SMZs rule. No duplicative, overlapping, or vessels and on for-hire vessels. In the with on-demand black sea bass pots and conflicting Federal rules have been same manner as the current regulations, snapper-grouper species on the vessel. identified. In addition, no new reporting the more restrictive of either the Current transit and stowage regulations or record keeping requirements are proposed bag limits or vessel limits would still apply to traditional roped introduced in this proposed rule. This would apply to the retention and pots; that is, buoys would still need to proposed rule contains no information landing of recreationally harvested gag be removed from traditional roped pots collection requirements under the and black grouper. For example, if three when transiting through an MPA or Paperwork Reduction Act of 1995. anglers are fishing on a private spawning SMZ, even if those pots are on This proposed rule, if implemented, recreational vessel, the maximum the same vessel with on-demand pots. would remove the species-specific number of gag and black grouper Also, this proposed action would not private recreational and for-hire vessel combined that may be on the vessel and change regulations for transit through limits for gag and black grouper and landed would be two per day. In two nearshore areas that are seasonally establish separate aggregate private another example, if only one angler is closed to commercial fishing with black recreational and for-hire vessel limits of fishing on a private recreational vessel, sea bass pots in November and April, two gag or black grouper in any the maximum number of either gag or and from December through March (50 combination per day on a private black grouper that may be on the vessel CFR 622.183(b)(6)(i) and (ii)). recreational vessel and per trip on a and landed would continue to be one recreational for-hire vessel. This total per day. proposed rule would not change the Pursuant to section 304(b)(1)(A) of the Transiting With On-Demand Gear current bag limit of one gag or black Magnuson-Stevens Act, the NMFS This proposed rule would revise the grouper per person per day on a private Assistant Administrator has determined transit provisions in MPAs and recreational vessel or on a recreational that this proposed rule is consistent spawning SMZs for commercial for-hire vessel, and whichever limit is with Regulatory Amendment 36, the fishermen with snapper-grouper species more restrictive would apply. This Snapper-Grouper FMP, other provisions and on-demand black sea bass pots on proposed rule would also revise transit of the Magnuson-Stevens Act, and other a vessel. Transit means direct, non-stop stowage requirements for on-demand applicable laws, subject to further progression through an MPA or black sea bass pots on commercial consideration after public comment. spawning SMZ. Currently, fishermen vessels. Transit means direct, non-stop may possess snapper-grouper species progression through an MPA or while in transit through an MPA or spawning SMZ. Under this proposed spawning SMZ with on-demand rule, commercial fishermen transiting This proposed rule is not an Executive (ropeless) or traditional (roped) black through an MPA or spawning SMZ Order 14192 regulatory action because sea bass pots on board if such fishing would no longer be required to this rule is not significant under gear is appropriately stowed. Fishing disconnect buoys from on-demand black gear appropriately stowed currently sea bass pots; rather, buoys could means black sea bass pots are not baited the Department of Commerce certified remain connected to on-demand black and all buoys must be disconnected to the Chief Counsel for Advocacy of the sea bass pots, though the pots could not from the gear but may remain on deck. Small Business Administration that this be baited. This proposed rule would modify the The proposed changes to the proposed rule, if adopted, would not definition of fishing gear appropriately recreational vessel limits would apply have a significant economic impact on stowed to allow a vessel to transit to all federally permitted for-hire vessels and recreational anglers that fish for or through an MPA or spawning SMZ with The factual basis for this certification buoys connected to on-demand black harvest gag or black grouper in Federal follows. A copy of the full analysis is sea bass pot gear if the on-demand black waters of the South Atlantic. The available from NMFS (see ). ADDRESSESsea bass pots are not baited. On-demand A description of this proposed rule, proposed modifications to the transit black sea bass pot fishermen have stated stowage requirements for black sea bass why it is being considered, and the

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and the low likelihood of fishing for pots with on-demand gear would only revenue attributed to black sea bass. For commercial vessels that harvest black apply to commercial vessels. black sea bass at the depths of the deep- Although this proposed rule would sea bass in the South Atlantic, NMFS water MPAs, the effects of this proposed apply to for-hire vessels, it would not be estimates that economic profits are ¥1.9 rule on small entities would likely be expected to have any direct effects on percent of annual gross revenue, on minimal. Individual fishing businesses these entities. For-hire vessels sell average. The negative value for may experience varying effects on their fishing services to recreational anglers. economic profits presented here does economic profits, depending on their NMFS does not expect the proposed not necessarily mean the average fishing practices, operating management changes to gag and black business is operating at a loss in an characteristics, and profit maximization grouper to directly alter the services accounting sense, rather the owner is strategies. sold by these vessels. Any change in not being fully compensated for their In conclusion, the information demand for these fishing services, and time or asset depreciation when provided above supports a associated economic effects, as a result compared to the next best use of their determination that this proposed rule of this proposed rule would be a labor and capital resources. The would not have a significant economic consequence of a change in anglers' maximum annual revenue from all impact on a substantial number of small behavior and would therefore be species reported by a single one of the entities. As a result, an initial regulatory indirect. Based on the historically- vessels that harvested black sea bass flexibility analysis is not required and minimal level of charter mode target from 2018 through 2022 was $394,668 none has been prepared. effort for gag and black grouper in the (2023 dollars). List of Subjects in 50 CFR Part 622 South Atlantic, the low retention limit For RFA purposes only, NMFS has for these species, and the number of established a small business size Commercial, Fisheries, Fishing, substitute species available, NMFS does Recreational, Snapper-grouper, South not expect any change in for-hire trip Atlantic. demand to result from this proposed rule; however, should it occur, the commercial fishing (North American associated indirect effects would fall Industry Classification System code outside the scope of the RFA. The RFA requires NMFS to describe the impact of 11411) is classified as a small business the proposed rule on small entities (5 if it is independently owned and U.S.C. 603). Small entities include small operated, is not dominant in its field of businesses, small organizations, and operation (including its affiliates), and CFR part 622 as follows: small governmental jurisdictions (see 5 has combined annual receipts not in U.S.C. 601(3) through (6)). Recreational excess of $11 million for all its affiliated PART 622--FISHERIES OF THE anglers are not businesses, operations worldwide. All of the CARIBBEAN, GULF OF AMERICA, AND organizations, or governmental commercial fishing businesses directly SOUTH ATLANTIC jurisdictions, so they are also outside regulated by this proposed rule are the scope of this analysis. In summary, believed to be small entities based on ■ 1. The authority citation for part 622 only the impacts on commercial fishing the NMFS size standard. No other small businesses will be discussed. entities that would be directly affected In 2024, there were 508 valid or by this proposed rule have been ■ 2. Amend § 622.183 by: renewable South Atlantic snapper- identified. ■ a. Revising paragraph (a)(1)(ii)(E); grouper unlimited permits and 86 valid This proposed rule would revise ■ b. Adding paragraph (a)(1)(ii)(F); or renewable 225-pound (102-kilogram) stowage requirements for on-demand

• Revising paragraph (a)(2)(vii)(E); trip limited permits. In addition to a black sea bass pots on commercial
  and valid snapper-grouper unlimited permit, vessels transiting through an MPA or

• Adding paragraph (a)(2)(vii)(F). vessels that use black sea bass pots in spawning SMZ. Under this proposed
  Federal waters must have a valid South rule, when transiting through such The revisions and additions would Atlantic sea bass pot endorsement. areas, commercial fishing businesses would need to ensure that all on- These may be transferred between any § 622.183 Area and seasonal closures. demand black sea bass pots are not two entities that hold or simultaneously (a) * * * baited, but it would be permissible for obtain a valid snapper-grouper (1) * * * unlimited permit. There were 32 valid buoys to be connected to the on-demand (ii) * * * or renewable black sea bass pot black sea bass pots. Current (E) A crustacean trap or golden crab endorsements in 2024. On average from management measures stipulate that trap cannot be baited. All buoys must be 2018 through 2022, there were 166 during transit through an MPA or disconnected from the gear, although federally permitted commercial vessels spawning SMZ all black sea bass pots buoys may remain on deck. with reported landings of black sea bass must not be baited and all buoys must (F) A sea bass pot cannot be baited. in the South Atlantic. Their average be disconnected from the gear, For a sea bass pot fished with a annual vessel-level gross revenue from including on-demand gear. The deployed vertical line or rope connected all species for 2018 through 2022 was proposed relaxation of the requirement to a buoy, the buoy must be $67,250 (2023 dollars) and black sea to disconnect buoys from on-demand disconnected from the gear, although bass accounted for approximately 3.5 black sea bass pots represents a time the buoy may remain on deck. For a sea percent of this revenue. Only 14 savings for commercial fishing bass pot fished without a deployed federally permitted commercial vessels, businesses and a corresponding vertical line connected to a buoy, on average, harvested black sea bass reduction in the opportunity cost of referred to as an on-demand or ropeless labor. It is not possible to quantify this using pot gear during this period and potential benefit using existing data. sea bass pot, the buoy may remain their average annual vessel-level gross revenue from all species was $69,977 Based on the small geographical extent connected to the gear. (2023 dollars) with 24 percent of this of the South Atlantic spawning SMZs (2) * * *

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: NMFS is proposing (vii) * * * www.nefmc.org/management-plans/ SUMMARY(E) A crustacean trap or golden crab monkfish or https://regulations to implement specifications trap cannot be baited. All buoys must be and management measures in disconnected from the gear, although Framework Adjustment 17 to the : buoys may remain on deck. Monkfish Fishery Management Plan Spencer Talmage, Fishery Policy (F) A sea bass pot cannot be baited. (FMP). This action would set monkfish Analyst, (978) 281-9232. For a sea bass pot fished with a specifications for fishing year 2026, : deployed vertical line or rope connected project specifications for fishing years to a buoy, the buoy must be 2027 and 2028, streamline the Annual disconnected from the gear, although Catch Limit (ACL) Overage The monkfish fishery is jointly the buoy may remain on deck. For a sea Accountability Measure (AM) trigger, managed under the Monkfish FMP by bass pot fished without a deployed and add default specifications for the the New England and the Mid-Atlantic vertical line connected to a buoy, monkfish fishery. This action is Fishery Management Councils referred to as an on-demand or ropeless necessary to respond to updated (Councils). The fishery extends from sea bass pot, the buoy may remain scientific information and achieve the Maine to North Carolina from the coast connected to the gear. goals and objectives of the FMP. The out to the end of the continental shelf. proposed measures are intended to help * * * * * The Councils manage the fishery as two ■ 3. Amend § 622.187 by revising prevent overfishing and ensure that management areas, with the Northern paragraph (b)(2)(i) to read as follows: management measures are based on the Fishery Management Area (NFMA) best scientific information available. covering the Gulf of Maine and northern § 622.187 Bag and possession limits. : Public comments must be part of Georges Bank, and the Southern DATES* * * * * received by May 26, 2026. Fishery Management Area (SFMA) (b) * * * extending from the southern flank of ADDRESSES(2) * * * Georges Bank through Southern New of this proposed rule is available at: (i) No more than one fish may be a gag England and into the Mid-Atlantic Bight or a black grouper. However, the bag to North Carolina. NOAA-NMFS-2025-1263. You may limit for gag and black grouper for the The monkfish fishery is primarily submit comments, identified by NOAA- captain or crew of a vessel operating as managed by landing limits and a yearly NMFS-2025-1263, by the following a charter vessel or headboat is zero. In allocation of monkfish days-at-sea method: addition to the bag limits specified in (DAS) calculated to enable vessels this paragraph (b)(2)(i), the vessel limits participating in the fishery to catch, but in paragraphs (b)(2)(i)(A) and (B) of this not exceed, the target total allowable Federal e-Rulemaking Portal. Go to section also apply to gag and black landings (TAL) and the annual catch grouper. In the event of a conflict target (ACT), which is the TAL plus an NOAA-NMFS-2025-1263 in the Search between a bag limit and vessel limit, the estimate of expected discards, for each box (note: copying and pasting the more restrictive limit will prevail. management area. FDMS Docket Number directly from this (A) The vessel limit for gag and black document may not yield search results). Proposed Measures grouper on a vessel operating as a Click on the ''Comment'' icon, complete private recreational vessel is two fish 1. Specifications the required fields, and enter or attach per day in any combination. your comments. NMFS is proposing to adjust the (B) The vessel limit for gag and black NFMA and SFMA quotas for fishing grouper on a vessel operating as a year 2026 and project quotas for fishing charter vessel or headboat is two fish year 2027 and 2028, based on the per trip in any combination. the comment period, may not be Councils' recommendations. * * * * * considered. All comments received are On August 19, 2025, the New England [FR Doc. 2026-07901 Filed 4-22-26; 8:45 am] a part of the public record and will Council's Scientific and Statistical generally be posted for public viewing Committee (SSC) recommended on https://www.regulations.gov without acceptable biological catch (ABC) levels change. All personal identifying in the NFMA and SFMA for fishing information (e.g., name, address), years 2026-2028 based on the Northeast Fisheries Science Center's 2025 Data Update for Northern and Southern Monkfish and information provided by be publicly accessible. You may submit the New England Council's Plan 50 CFR Part 648 anonymous comments by entering ''N/ Development Team. [Docket No. 260416-1000] The Councils' recommended A'' in the required fields if you wish to specifications include status quo ABC remain anonymous. RIN 0648-BO16 and ACLs in both management areas Copies of Framework Adjustment 17, Fisheries of the Northeastern United including the draft Supplemental relative to 2023-2025 values. Expected States; Monkfish; Framework Information Report prepared by the New discards, calculated using the median of Adjustment 17 the most recent 10 years of data, slightly England Fishery Management Council increased in the NFMA and marginally in support of this action, are available AGENCYfrom Dr. Cate O'Keefe, Executive decreased in the SFMA. After accounting for discards, the Councils Director, New England Fishery recommended a 3-percent decrease in Management Council, 50 Water Street, Commerce. Mill 2, Newburyport, MA 01950. The the TAL for the NFMA and a less than ACTIONsupporting documents are also 1-percent increase in the TAL for the comments. SFMA. Table 1 includes the proposed accessible via the internet at: https://

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catch limits for 2026-2028 and the change relative to the 2023-2025 specifications.

1--P F 17 S ABLE ROPOSED RAMEWORK PECIFICATIONS

Northern area Southern area Catch limits Proposed 2026- Proposed 2026- % Change from % Change from 2028 Specs 2028 Specs 2023-2025 * 2023-2025 * (mt) (mt)

TABC .................................................................................. 6,224 0 5,861 0

ACL .................................................................................. 6,224 0 5,861 0

Management Uncertainty (3%) ........................................ 187 ................................ 176 ................................

ACT (TAL + discards) ...................................................... 6,038 0 5,685 0

Expected Discards ........................................................... 863 18.4 2,198.5 ¥0.3

TAL .................................................................................. 5,309 ¥3 3,487 0.2

• Percent change from the previously approved 2023-2025 specifications. for the implementation of Framework prioritization of other actions. Shifting At the end of each fishing year, NMFS

1. evaluates catch information and responsibility to trigger AMs to the
   Regional Administrator eliminates this determines if the quota has been issue; NMFS already provides notice of exceeded. The regulations at 50 CFR NMFS is issuing this rule pursuant to annual monkfish quotas in the Federal 648.96(d) require revision of the sections 304(b)(1)(A) of the Magnuson- Register and would be able to monkfish ACT if it is determined that Stevens Act, which provide specific implement any ACT revisions as part of the ACL was exceeded in any given authority for implementing this action. that process. year. NMFS would publish a notice in Section 304(b)(1)(A) authorizes NMFS the Federal Register of any revisions to This rule proposes no other changes to initiate an evaluation of proposed to the ACL Overage AMs. these proposed specifications if an regulations to determine whether they overage occurs. NMFS expects, based on 3. Default Overfishing Limits (OFL), are consistent with the fishery preliminary 2024 year-end accounting, ABCs, and ACLs management plan, plan amendment, the that no adjustment is necessary for NMFS is proposing to add regulations Magnuson-Stevens Act and other fishing year 2026. NMFS will provide to define default OFLs, ABCs, and ACLs applicable law, and if that notice of the 2027 and 2028 quotas prior that would go into place in the event determination is affirmative, publish the to the start of each respective fishing regulations in the Federal Register for that no specifications for a fishing year year. are in place at the start of that fishing public comment. 2. Annual Catch Limit Overage year. The NMFS Assistant Administrator Accountability Measures Default rollover specifications were has determined that this proposed rule originally included in the Councils' is consistent with the Monkfish FMP, Under current regulations defining submission of Framework 13 to the other provisions of the Magnuson- the ACL Overage AMs at § 648.96(d)(2), Monkfish FMP. After reviewing Stevens Act, and other applicable law, if it is determined that the ACL for a Framework 13 for consistency with the subject to further consideration after stock was exceeded in a given year, then public comment. the Councils are required to take action to deduct the amount of the ACL (Magnuson-Stevens Act) and applicable overage from the ACT for that stock in law, NMFS approved Framework 13 and the second fishing year following the published a final rule in the Federal This proposed rule is exempt from the overage. Only if the Councils fail to take Register on August 11, 2023 (88 FR requirements of Executive Order 14192 action to implement this revision is the because it is a routine fishing action. 54495) (2023 Final Rule). However, Regional Administrator required to take This proposed rule contains no during the development of Framework action to implement the AM in 17 and in discussions related to accordance with the Administrative under the Paperwork Reduction Act of potential changes that might be Procedure Act and other applicable law.

2. In Framework 17, the Councils considered under the New England
   recommended removing the Council's Omnibus Management the Department of Commerce certified requirement that the Councils trigger the Flexibility Amendment, NMFS to the Chief Counsel for Advocacy of the ACL Overage AMs, making only the discovered that changes to the monkfish Small Business Administration (SBA) Regional Administrator responsible for regulations to clarify rollover and that this action, if adopted, would not triggering the AMs. This change would default specifications in § 648.96 were have a significant economic effect on a simplify and streamline the procedure inadvertently omitted from the 2023 for triggering AMs and minimize Final Rule. As such, these regulations The Councils jointly manage the disruption to Council workplans. Under were never put in place. This action Monkfish FMP, with the New England the current regulations, if an AM was would add regulations to define default Council acting as the administrative required in a year where the Councils specifications in order to correct this lead for the Monkfish FMP. Periodic did not already plan to take action on omission. framework adjustments are used to The proposed regulations for the the Monkfish FMP, they would be revise the Monkfish FMP in response to required to modify their priorities and/ default measures were included in the set of draft regulations that the Councils new scientific information to support or workplans to accommodate new catch limits that prevent overfishing and deemed as necessary and appropriate action, which might require de-

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Based on 2024 data, the number of action keeps similar total allowable other adjustments to improve small business entities that may be landings for the northern and southern management measures included in the affected by this action is 281 entities, areas for fishing years 2026-2028. Effort FMP. Framework Adjustment 17 to the and there are 5 large business entities controls, namely Monkfish DAS and Monkfish FMP would set specifications that each had an average affiliate possession limits, would remain for fishing years 2026-2028 and revenue over $11 million unchanged from fishing years 2023- streamline how a set of reactive AMs are (approximately $18.3 million). Overall, 2025. triggered and implemented. Not part of the combined limited access and open Overall, long-term impacts of fishing Framework 17, but also proposed under access monkfish permits (1,877) in years 2026-2028 monkfish this action, are regulations that would fishing year 2024 were held by a total specifications will ensure that establish default OFLs, ABCs, and ACLs of 286 entities (small and large), as management measures and catch levels for the monkfish fishery. defined by the RFA. Catch Accounting are sustainable and contribute to The Regulatory Flexibility Act (RFA) and Monitoring System records indicate rebuilding stocks and, therefore, requires Federal agencies to consider that about 22-24 percent of vessels with maximizing yield, as well as providing disproportionality and profitability to Federal monkfish permits landed at additional flexibility for fishing determine the significance of regulatory least one pound of monkfish in fishing operations in the short term. impacts. For RFA purposes only, NMFS years 2022-2023, while only The positive economic benefits to has established a small business size approximately 7 percent landed at least small entities from this action are 10,000 pounds (lb). Furthermore, based associated with very minor changes to on data from 2020-2024, it appears that the total allowable landings in the the large business entities are deriving northern and southern areas for fishing a relatively small portion of monkfish year 2026-2028. This is expected to commercial fishing (North American revenue compared to the small business have slightly positive economic benefits Industry Classification System (NAICS) entities; $34,670 average total affiliate for the small entities given the fishery code 11411) is classified as a small monkfish revenue from large business would operate and likely achieve business if it is independently owned entities versus $9,304,365 from small similar monkfish landings akin to recent and operated, is not dominant in its business entities. In other words, the catch levels. The proposed action would field of operation (including its large business entities are deriving most likely result in similar revenue from affiliates), and has combined annual of their total revenue from landings monkfish landings for fishing years receipts not in excess of $11 million for other than monkfish, while small 2026-2028 relative to prior all its affiliated operations worldwide. business entities appear to have a specifications, in fishing years 2023- The affiliates data are assembled by greater proportion of revenue from 2025. Under the proposed action, NOAA, as of June 1st each year, for monkfish landings. positive benefits are not analyses required by the RFA. Fishing Of the measures being proposed as disproportionate to large entities. vessels' permits are linked together, an part of the Framework 17, only the Additionally, proposed in Framework industry determination is made (finfish, specifications for fishing years 2026- 17 is a change to the mechanism by shellfish, no revenue), and firms are 2028 have bearing with respect to which the ACL Overage AMs are classified as small or large based on fishery operation, landings, and ex- triggered. This is functionally an Small Business Administration (SBA) vessel revenues. The other components administrative change and would not guidelines. Following SBA guidelines, a of the proposed rulemaking (i.e., change the impacts that an AM would 5-year average is used to determine adjustments to the mechanism for have on the fishery if triggered. Finally, which entities are classified as small triggering AMs and establishment of this action includes a proposed change business entities under the NOAA rollover default specifications) are to add regulations defining default guidelines, as well as to measure total relatively administrative in nature and specifications for the Monkfish FMP. revenues for affiliate groups. unlikely to directly impact fishing These default specifications would There are seven categories of operations. At most, these are maintain catch levels equal to those set monkfish permits in the Greater Atlantic marginally economically beneficial for the previous fishing year, and thus region (categories A, B, C, D, E, F, and because they improve regulatory landings would be consistent relative to H). Category A and B permits are for efficiency and could reduce regulatory that prior fishing year. As a result, vessels that do not have limited access disruption to the fishery. similar revenue from monkfish landings permits for Northeast multispecies or During the development of the fishing relative to prior specifications is Atlantic sea scallops. Category C and D years 2026-2028 monkfish expected in the event that default permits are for vessels that have either specifications, NMFS and the Councils specifications are put into place. a limited access Northeast multispecies considered ways to reduce the Based on the analysis provided above, or limited access Atlantic sea scallop regulatory burden on and provide this action is not expected to have a permit. Category E permits are open flexibility to the regulated community. significant adverse impact on a access or incidental catch permits and The measures implemented by the may be obtained by anyone with a valid fishing years 2023-2025 monkfish List of Subjects in 50 CFR Part 648 vessel operator's license. Category F specifications final rule increased both permits are designed for fishing only in the short- and long-term economic Fisheries, Fishing. an offshore area. Vessels with Category benefits on small entities. The proposed Dated: April 16, 2026. H permits may only use their Monkfish specifications include status quo ABC Days-at-Sea (DAS) in the portion of the for the northern monkfish stock for Southern Fishery Management Area fishing years 2026-2028 (6,224 metric south of 38°40′ N latitude. In fishing tons (mt)) and status quo ABC for the year 2024, NMFS issued 487 limited- southern monkfish stock for fishing access (Categories A, B, C, D, F, and H) years 2026-2028 (5,861 mt) in response and 1,390 open-access (Category E) to the 2025 Northeast Fisheries Science monkfish permits. Center's data updates. The proposed CFR part 648 as follows:

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viewing on https://www.regulations.gov PART 648--FISHERIES OF THE without change. All personal identifying NORTHEASTERN UNITED STATES information (e.g., name, address),

• The authority citation for part 648

50 CFR Part 665

be publicly accessible. NMFS will [Docket No. 260417-0104] accept anonymous comments (enter ''N/ ■ 2. Amend § 648.96 by adding A'' in the required fields if you wish to RIN 0648-BN73 paragraph (c)(1)(iv) and revising remain anonymous). paragraph (d)(2) to read as follows: Pacific Island Fisheries; Annual Catch NMFS prepared a draft environmental Limit and Accountability Measures for assessment (EA) that describes the § 648.96 FMP review, specification, and Guam Bottomfish Management Unit potential impacts on the human framework adjustment process. Species environment that could result from the * * * * * proposed action. The EA, a regulatory AGENCY(c) * * * impact review, and other supporting documents are available at https://(1) * * * Commerce. (iv) Default OFLs, ABCs, and ACLs. If : final specifications (OFLs, ABCs, and ACTIONKeith Kamikawa, NMFS PIRO comments. ACLs) for a fishing year are not Sustainable Fisheries, 808-725-5177. published in the Federal Register in a : NMFS proposes to modify the : NMFS and SUMMARYmanner consistent with this section for annual catch limit (ACL) and the Western Pacific Fishery the start of that fishing year, accountability measures (AM) for Management Council (Council) manage specifications for that fishing year shall Mariana bottomfish management unit bottomfish fishing in Federal waters be equal to the prior fishing year's species (MUS) in Guam. The proposed around Guam in accordance with the specifications for each stock, until rule would increase the ACL from Fishery Ecosystem Plan for the Mariana superseded by a final rule implementing 31,000 pounds (lb) (14,061 kilograms Archipelago (FEP), as authorized by the new specifications. (kg)) to 34,500 lb (15,649 kg), replace the in-season AM with a post-season (A) Specification of ACTs for each overage adjustment if average catch management area and accounting for (Magnuson-Stevens Act). The Guam from the most recent 3 years exceeds the incidental catch in non-directed bottomfish fishery targets 13 species of ACL, and remove the higher fisheries and discards in all fisheries emperors, snappers, groupers, and jacks performance standard that closes the under default ACLs shall be consistent that are classified as MUS. The fishery fishery in Federal waters for any with what was adopted for the previous has been subject to a rebuilding plan overage. The proposed rule considers since 2022 (87 FR 9271, February 18, year's specifications. the best available scientific, commercial, 2022). Regulations at 50 CFR (B) [Reserved] and other information about the fishery, 600.310(j)(3)(iv) require the Secretary of (d) * * * and supports rebuilding of the fishery. Commerce to review rebuilding plans at : NMFS must receive comments (2) ACL overages and adjustments. If least every two years to determine DATESby May 26, 2026. whether the plan has resulted in it is determined, based upon, but not adequate progress towards ending limited to, available landings and ADDRESSESoverfishing and rebuilding the affected of this proposed rule is available at discard information, that the ACL for a fish stock. An updated stock assessment monkfish stock is exceeded in a given completed in 2024 by the NMFS Pacific NOAA-NMFS-2025-0504. You may year, then the ACT for that stock in the Islands Fisheries Science Center found submit comments on the proposed rule, second fishing year following the that the Guam bottomfish stock, which identified by NOAA-NMFS-2025-0504, fishing year in which the ACL overage had been determined to be overfished occurred shall be revised such that the but not experiencing overfishing in ACL overage is deducted from the ACT 2020, was no longer overfished and on a pound for pound basis. If Federal e-Rulemaking Portal. Visit continued to not experience overfishing. necessary, based on the scale of the However, while stock biomass had deduction, management measures (DAS NOAA-NMFS-2025-0504 in the Search increased above the ''minimum stock and trip limits) may be revised after box. Click the ''Comment'' icon, size threshold'' for the overfished consultation with the Councils. These complete the required fields, and enter condition, it had not increased to the adjustments shall be made in or attach your comments. biomass that would produce maximum accordance with the Administrative • Mail: Submit written comments to sustainable yield. This means the stock Procedure Act and other applicable law. Sarah Malloy, Regional Administrator, is not yet fully rebuilt, so NMFS and the NMFS Pacific Islands Regional Office * * * * * Council continue to manage the fishery (PIRO), 1845 Wasp Blvd., Bldg. 176, under a rebuilding plan, with a target [FR Doc. 2026-07909 Filed 4-22-26; 8:45 am] Honolulu, HI 96818. time to rebuild of 2031. The stock assessment update also found the stock was more productive than previously estimated, and new projections showed the stock could the comment period, may not be support moderately larger catches and considered by NMFS. All comments received are a part of the public record still rebuild by 2031. The Council recommended the proposed action at its and will generally be posted for public

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among the universe of vessels based on 201st meeting in December 2024, based must receive any comments by the date on the 2024 stock assessment update for provided in the heading, not gear, home port, or vessel length. DATESGuam bottomfish; in consideration of postmarked or otherwise transmitted by In 2024, fishermen caught an the best scientific, commercial and other that date. estimated 36,130 lb (16,388 kg) of information about the fishery; review BMUS, and the annual average from from the Council's Scientific and 2022-2024 was 31,426 lb (14,255 kg). Pursuant to section 304(b)(1)(A) of the Statistical Committee (SSC); and input No commercial catch data are publicly Magnuson-Stevens Act, the NMFS from the public. Accordingly, NMFS available for those years because fewer Assistant Administrator has determined proposes this action under section than three dealers and/or vendors that this proposed rule is consistent 303(c) and section 304(b) of the reported sales, so commercial sales data with the FEP, other provisions of the Magnuson-Stevens Act. is summarized over longer and earlier Magnuson-Stevens Act, and other The proposed ACL of 34,500 lb time frames. The most recent year for (15,649 kg) is 3,500 lb (1,588 kg) (∼11 applicable law, subject to further which price per pound is available is consideration after public comment. percent) higher than the ACL set when This proposed rule contains no 2021, when the inflation-adjusted price the rebuilding plan was originally was $6.73/lb ($14.84/kg). Because no implemented in 2022. As the stock is under the Paperwork Reduction Act of available information indicates that currently rebuilding, but not yet rebuilt, 1995 (44 U.S.C. 3501, et seq.). this increase in ACL would still allow commercial sales would change, these the stock to rebuild by 2031. The figures are used to evaluate outcomes of proposed action will remove the in- the proposed management action. season AM that would close the fishery Bottomfish sales revenue was publicly This proposed rule is not an in Federal waters if NMFS projects reported for only 4 years between 2015 Executive Order 14192 regulatory action catch will reach the ACL, because and 2024. Over those 4 years, the because this rule is not significant under NMFS and the Council found that average percentage of catch sold was available data systems do not allow for 19.2 percent, ranging from 9.7 percent accurate in-season tracking and (2021) to 50.5 percent (2020). Assuming the Department of Commerce has projections. The proposed rule would the fishery attains the full proposed certified to the Chief Counsel for implement a post-season AM in place of ACL of 34,500 lb (15,649 kg) and 19.2 Advocacy of the Small Business the in-season AM. Under the post- percent of bottomfish are sold at $6.73/ Administration that this proposed rule, season AM, if the average catch from the lb ($14.84/kg), NMFS expects the if adopted, would not have a significant most recent 3-year period exceeds the potential fleet-wide revenue to be ACL, the ACL will be reduced in the approximately $44,580, averaging number of small entities. subsequent fishing year by the amount This rule would affect commercial $1,115 per vessel each year. With regard of the overage to mitigate potential and non-commercial fishermen who to the modified AM, the fishery has effects to the stock. NMFS would catch Guam bottomfish management exceeded 34,500 lb (15,649 kg) twice in conduct a subsequent rulemaking action unit species (BMUS). NMFS estimates the past 10 years (2021 and 2024). Had to implement the overage adjustment, if approximately 63 fishermen fish in the this ACL been in place during those necessary. Also, the Council and its SSC Guam bottomfish fishery (89 FR 12257, years, a post-season AM could have would review rebuilding progress to February 16, 2024). For Regulatory been triggered. With the removal of the determine if other action is needed. The Flexibility Act purposes only, NMFS requirement to close Federal waters proposed rule would also remove the has established a small business size under the AMs, BMUS fishermen higher performance standard that should not expect any loss in revenue requires NMFS to close the fishery in as a result of this proposed action. Federal waters indefinitely in response to any exceedance of the ACL. Fishery This proposed rule would not apply management would revert to the to a substantial number of vessels and commercial finfish fishing (NAICS code performance standard described in the NMFS does not expect this rule to have 114111) is classified as a small entity if FEP, which requires the Council to re- a significantly adverse economic impact it is independently owned and operated, evaluate AMs if the ACL is exceeded on individuals. The proposed rule is not dominant in its field of operation twice in a 4-year period. In reviewing would not impose additional reporting (including its affiliates), and has fishery performance, the Council and or record-keeping requirements on small combined annual receipts not in excess SSC determined that the higher entities. The proposed rule does not of $11 million for all its affiliated performance standard was not necessary duplicate, overlap, or conflict with other operations worldwide. Based on or effective in ensuring the fishery Federal rules, and it is not expected to available information, NMFS has rebuilds by 2031. have a significant impact on small determined that all affected entities-- As described in the draft EA, NMFS entities (as discussed above), vessels in the commercial and non- does not expect this proposed rule to organizations or government commercial fisheries for Guam BMUS-- result in a change in fishing operations, jurisdictions. There does not appear to are small entities under the NMFS or other changes to the conduct of the be disproportionate economic impacts standard, as they are engaged in the fishery that would result in significant from the proposed rule based on home business of fish harvesting, environmental impacts. port, gear type, or relative vessel size. NMFS will consider public comments independently owned or operated, not The proposed rule will not place a on this proposed rule and will dominant in their field of operation, and substantial number of small entities, or announce the final rule in the Federal have annual gross receipts not in excess any segment of small entities, at a Register. The comment period will of $11 million. Therefore, there would significant competitive disadvantage to extend for 30 days from the publication be no disproportionate economic large entities. As a result, an initial date in the Federal Register, pursuant to impacts between large and small regulatory flexibility analysis is not entities. Furthermore, there would be no section 304(b) of the Magnuson-Stevens required, and none has been prepared. Act (16 U.S.C. 1854(b)(1)(A)). NMFS disproportionate economic impacts

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List of Subjects in 50 CFR Part 665 PART 665--FISHERIES IN THE § 665.409 Guam Annual Catch Limits (ACL). WESTERN PACIFIC Accountability measure, Annual catch (a) In accordance with § 665.4, the limit, Bottomfish, Fishing, Guam, ACL for Mariana bottomfish MUS in the ■ 1. The authority citation for part 665 Pacific Islands, Western Pacific. Guam Management Subarea is 34,500 lb. (b) If the average catch of Mariana bottomfish MUS in the Guam Management Subarea from the most ■ 2. Amend § 665.405 by removing recent 3-year period exceeds the paragraphs (g) and (h). specified ACL, the Regional ■ 3. Amend § 665.409 by revising Administrator will reduce the ACL for paragraphs (a) and (b) and removing the subsequent fishing year by the paragraphs (c) through (e) to read as amount of the overage in a separate follows: CFR part 665 as follows:

[FR Doc. 2026-07919 Filed 4-22-26; 8:45 am]

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help you, please call (202) 799-7039 to trees. The damage can have long- before coming. lasting effects, depriving wildlife of food contains documents other than rules or and shelter, and severely limiting the proposed rules that are applicable to the : For public. Notices of hearings and investigations, recreational value of forested areas. information on the spongy moth committee meetings, agency decisions and The flighted spongy moth complex is program, contact Mr. David Gruchot, rulings, delegations of authority, filing of an exotic strain of spongy moth that is Assistant National Policy, Biocontrol, petitions and applications and agency closely related to the spongy moth and Forest, Wood and Rangeland Pests statements of organization and functions are already established in the United States. and Emergency Domestic Programs, examples of documents appearing in this While the flighted spongy moth has PPQ, APHIS, 1001 East Touhy Ave., section. been introduced into the United States Suite 187, Des Plaines, IL 60018; (847) on several occasions, it is currently not 699-2421. For more information on the DEPARTMENT OF AGRICULTURE established in the United States. information collection reporting However, due to behavioral differences, process, contact Ms. Sheniqua Harris, Animal and Plant Health Inspection the flighted spongy moth complex is APHIS' Paperwork Reduction Act Service considered to pose an even greater Coordinator, at (301) 851-2528 or email threat to trees and forested areas than APHIS.PRA@usda.gov. [Docket No. APHIS-2026-0595] the spongy moth. : Unlike the flightless spongy moth Notice of Request for Extension of Title: Spongy Moth Identification female adult, flighted spongy moth Approval of an Information Collection; Worksheet and Checklist. OMB Control Number: 0579-0104. complex female adults are capable of Spongy Moth Identification Worksheet Type of Request: Extension of strong directed flight between mating and Checklist approval of an information collection. and egg deposition, significantly : Animal and Plant Health Abstract: Under the Plant Protection AGENCY increasing its ability to spread over a Inspection Service, USDA. Act (7 U.S.C. 7701 et seq.), the U.S. much greater area and become widely : Extension of approval of an Department of Agriculture (USDA), established within a short time. In ACTIONinformation collection; comment either independently or in cooperation addition, flighted spongy moth larvae request. with the States, is authorized to carry feed on a much wider variety of hosts, out operations or measures to detect, allowing them to exploit more areas and eradicate, suppress, control, prevent, or SUMMARY cause more damage than the European retard the spread of plant pests new to spongy moth. notice announces the Animal and Plant the United States or not widely To determine the presence and extent Health Inspection Service's intention to distributed throughout the United of a European spongy moth or a flighted request an extension of approval of an States. The USDA's Animal and Plant spongy moth complex infestation, information collection associated with Health Inspection Service (APHIS) is the APHIS sets traps in high-risk areas to the spongy moth program. delegated authority to carry out this collect specimens. Once an infestation : We will consider all comments mission. DATES is identified, control and eradication that we receive on or before June 22, As part of the mission, APHIS' Plant work (usually involving State 2026. Protection and Quarantine (PPQ) cooperation) is initiated to eliminate the program engages in detection surveys to moths. : You may submit comments ADDRESSESmonitor for the presence of, among APHIS personnel, with assistance other things, the Spongy moth (formerly from State/local agriculture personnel, known as gypsy moth ) and the flighted check traps for the presence of spongy www.regulations.gov. Enter APHIS- 1spongy moth complex. The spongy moths. If a suspicious moth is found in 2026-0595 in the Search field. Select moth is one of the most destructive the trap, it is sent to APHIS laboratories the Documents tab, then select the pests of fruit and ornamental trees as so that it can be correctly identified Comment button in the list of well as hardwood forests. First through DNA analysis. DNA analysis is documents. introduced into the United States in • Postal Mail/Commercial Delivery: the only way to accurately identify these Medford, MA, in 1869, the spongy moth insects because the European spongy Send your comment to Docket No. has gradually spread to infest the entire moth and the flighted spongy moth are APHIS-2026-0595, Regulatory Analysis northeastern portion of the country. The strains of the same species, and they and Development, PPD, APHIS, 5601 spongy moth regulations can be found cannot be visually distinguished from Sunnyside Ave., #AP760, Beltsville, MD in 7 CFR 301.45 through 301.45-12. each other. 20705. Heavily infested spongy moth areas The PPQ official or State/local Supporting documents and any are inundated with actively crawling collaborator submitting the moth for comments we receive on this docket larvae that cover trees, fences, vehicles, analysis must complete a specimen for may be viewed at regulations.gov or in and houses during their search for food. determination worksheet, which our reading room, which is located in Entire areas may be stripped of all accompanies the insect to the Room 1620 of the USDA South foliage, often resulting in heavy damage laboratory. The worksheet enables Building, 14th Street and Independence Federal and State/local regulatory Avenue SW, Washington, DC. Normal officials to identify and track specific reading room hours are 8 a.m. to 4:30 Formerly gypsy moth, see https://1www.aphis.usda.gov/news/agency-announcements/ specimens through the DNA aphis-announces-new-common-names-regulated- identification tests that are conducted. holidays. To be sure someone is there to lymantria-moths.

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Written Comments In addition, the information provided by Estimated total annual burden on

respondents: 2,711,543 hours. (Due to the spongy moth identification Send written comments to Oil and averaging, the total annual burden hours worksheets is vital to APHIS' ability to Gas Leasing Availability, National may not equal the product of the annual monitor, detect, and eradicate spongy Forests and Grasslands in Texas, 2221 N number of responses multiplied by the moth infestations. Raguet Street, Lufkin, Texas 75904. reporting burden per response.) The spongy moth regulations Comments may also be submitted All responses to this notice will be (§ 301.45-4(a)) also require the electronically through the project summarized and included in the request inspection of outdoor household articles website: https://cara.fs2c.usda.gov/ for OMB approval. All comments will that are to be moved from a spongy Public/CommentInput?Project=56882 or also become a matter of public record. moth quarantined area to a non- by facsimile at 936-639-8588. quarantined area to ensure that they are Written public comments will be Done in Washington, DC, this 20th day of free of all life stages of spongy moth. accepted by 11:59 p.m. Eastern Standard April 2026. Individuals may use a self-inspection Time on April 28, 2026. Comments Sarah Helming, checklist, which is completed and submitted after this date may not be Acting Administrator, Animal and Plant signed by the person who performed the included in the analysis. Health Inspection Service. inspection, and kept in the vehicle used : [FR Doc. 2026-07891 Filed 4-22-26; 8:45 am] to move the outdoor household articles Juanita Garcia at juanita.garcia@BILLING CODE 3410-34-P in the event that USDA or State/Local usda.gov or 936-639-8504. officials request it during the movement Individuals who use of the articles. In addition, it is DEPARTMENT OF AGRICULTURE telecommunication devices for the recommended that individuals maintain hearing-impaired may call 711 to reach Forest Service a copy of the signed checklist for at least the Telecommunications Relay Service, 5 years. 24 hours a day, every day of the year, National Forests and Grasslands in We are asking the Office of including holidays. Texas; Oil and Gas Leasing Availability Management and Budget (OMB) to : Analysis Environmental Impact approve these information collection Statement; Revised Purpose and Need for Action activities, as described, for an additional 3 years. APHIS has revised the title of : Forest Service, Agriculture The purpose of this project is to AGENCYthe information collection to reflect the (USDA). determine which NFS lands in Texas, common name of regulated Lymantria where the surface and mineral rights are : Notice; revised. ACTIONmoths. both federal, would be open to oil and : A previous notice for this The purpose of this notice is to solicit gas development subject to standard SUMMARYproject was published in 2019 (84 FR comments from the public (as well as terms and conditions, open to oil and 44843) when the National Forests and affected agencies) concerning our gas development with constraints in Grasslands in Texas (NFGT) was also information collection. These comments lease stipulations, and which are closed preparing for forest plan revision; will help us: to leasing by law and management however, the need for the project, (1) Evaluate whether the collection of direction. This determination enables expected relationship to the forest plan, information is necessary for the proper the NFGT to respond to the BLM and responsible official have changed performance of the functions of the regarding expressions of interest to lease since that publication. This notice is Agency, including whether the federal minerals under NFS lands in revising the previous Notice of Intent to Texas, as federally mandated by the announce that the USDA Natural (2) Evaluate the accuracy of our Mineral Leasing Act of 1920, the Resources and Environment (NRE) estimate of the burden of the collection Mineral Leasing Act for Acquired Lands Under Secretary proposes to prepare the of information, including the validity of of 1947, the Mining and Minerals Policy EIS for Oil and Gas Leasing Availability the methodology and assumptions used; Act of 1970, the Energy Security Act of and issue the project decision. The (3) Enhance the quality, utility, and 1980 and Federal Onshore Oil and Gas proposed action and alternatives will Leasing Reform Act of 1987, with identify lands that would be made collected; and procedural direction in 36 CFR 228 available for future oil and gas leasing, (4) Minimize the burden of the Subpart E. These laws state that NFS any additional stipulations applied to lands shall be made available for oil and oil and gas activities on those lands, and are to respond, through use, as gas leasing unless closure is necessary if the decision would require an appropriate, of automated, electronic, due to the inability to protect a sensitive amendment to the 1996 NFGT Revised mechanical, and other collection resource through constraints. Because of Land and Resource Management Plan technologies; e.g., permitting electronic advancements in technology and (forest plan). The Planning, submission of responses. environmental changes since the 1996 Administrative Reviews, and Litigation Estimate of burden: The public forest plan, there is a need to reevaluate System identification number for the burden for this collection of information the previous oil and gas leasing analysis project is 56882. is estimated to average 0.362 hours per to fulfill these congressional mandates : Comments concerning the scope response. while complying with the forest plan DATESof the analysis must be received by Respondents: Individuals who and other laws and regulations. April 28, 2026. The environmental complete the self-inspection checklist The most recent leasing availability impact statement is expected in spring and State and local cooperators. analysis was incorporated into the 1996 or summer 2026. A schedule for the Estimated annual number of forest plan, but new information and decision-making process and additional respondents: 2,500,100. changed circumstances related to information about the project can be natural resource conditions, oil and gas Estimated annual number of found here: https://www.fs.usda.gov/ responses per respondent: 3. technology, and agency priorities r08/texas/projects/56882. warrant a new analysis and decision. Estimated annual number of

: responses: 7,500,250. Such an evaluation is also necessary to ADDRESSES

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• Impacts on surface and subsurface • The proposed action would remove determine what lease stipulations water quantity and quality, including the current turkey nesting Timing should apply to those lands to protect public water supplies. Limitation (TL) stipulation. resources. Once the Forest Service • The proposed action would add • Impacts from well pad and steep determines which NFGT lands would be NSO stipulations to protect natural slope erosion and sediment transport available for leasing, the BLM has the heritage botanical areas, special status into streams, wetlands, or other discretion whether to include those species, unique prairie vegetation sensitive aquatic areas. lands in future competitive oil and gas • Impacts from noxious and invasive communities, inclusional wetlands, lease sales. This process aligns with the weed spread. sensitive aquatic areas, natural springs, objectives of Executive Order 14154 by • Impacts on rare plants and and steep slopes. promoting the responsible development • Several NSO and CSU stipulations ecosystems. of domestic energy resources and • Fragmentation, removal, or would require site-specific surveys to supports Executive Order 14156 by disturbances on wildlife corridors, identify areas where the stipulation addressing the national energy critical habitats, and other important or applies. This includes red-cockaded emergency through strategic land use sensitive wildlife habitats. woodpecker (RCW) NSO and CSU planning and resource management. • Impacts on threatened and stipulations for cavity trees, cluster Proposed Action endangered species, such as the red- sites, and foraging habitat. These RCW cockaded woodpecker and Louisiana stipulations would apply in The Forest Service, on behalf of the pine snake, and species that have been Management Area 2, which includes Under Secretary, proposes to identify listed or proposed for listing since the approximately 226,700 acres of the NFGT administered lands that would be 1996 oil and gas availability decision. decision area. Site-specific surveys are available for future oil and gas leasing; • Impacts on prescribed rangeland also required to determine CSU areas for to identify which stipulations would be conservation burning and reforestation the protection of 100-year floodplains applied to protect resources on lands management. and intermittent and perennial available for future oil and gas leasing; • Traffic, noise, light pollution, and waterways. and to determine if the 1996 NFGT • Existing NSO and CSU stipulations visual impacts on nearby residents, forest plan should be amended. The visitors, and other forest users. related to erodible soils, flood control Forest Service's analysis will not affect • Impacts on royalty payments to structures, Research Natural Areas, current valid leasing, including the counties associated with any changes in developed recreation sites, scenic areas associated terms, conditions, and oil and gas leasing. and Lake Conroe would be updated to stipulations. The EIS also would not • Impacts on special designations and improve implementability. affect the exercising of reserved and • New stipulations to address impacts on wilderness character. outstanding mineral rights on NFS • Impacts on recreationists and loss invasive plants, restoration seed mixes, lands. The proposed changes would of recreation opportunities. and soil stability associated with well apply only to new leases for federal • Impacts on geologic features on the pad construction would also be added. minerals that may be issued. NFGT, including salt domes, and Following an initial evaluation of the Alternatives potential for induced seismicity. need to change current direction, the Additional issues may be identified The Forest Service will analyze the following actions are being proposed to based on comments received during this No Action Alternative (the existing oil address those areas and management public scoping period. and gas leasing alternative), the directions that need to be clarified to Proposed Action Alternative, and a No Anticipated Permits and Other comply with forest plan standards for Leasing Alternative. Additional Authorizations resource protection while also managing alternatives may also be developed and the mineral resources. The decision area The resulting consent decision will considered to address issues raised includes only those NFGT lands identify lands as open to leasing during the scoping process. These could (approximately 500,000 acres) where the (including both those subject to add, change or clarify stipulations to Forest Service manages the surface and standard terms and conditions of oil and protect resources consistent with forest the underlying mineral estate is gas lease forms and those subject to plan direction and other laws and federally managed by the United States additional stipulations) but does not regulations. Except for the No Leasing Department of Interior Bureau of Land commit the BLM to future leasing Alternative, which would Management (BLM). action. When lands identified as administratively determine that no The following elements will be available are scheduled for leasing, the lands would be available for future oil included in the proposed action: Forest Service shall review the specific and gas leasing, alternatives will be • Both current management and the lands for consistency with the leasing developed that comply with the current proposed action would maintain 38,300 consent decision pursuant to criteria in forest plan (i.e., no plan amendment is acres as closed for congressionally- 36 CFR 228.103, resulting in either expected). designated wilderness areas. confirmation of Forest Service consent List of Substantive Issues and Expected • The proposed action would convert or withdrawal of consent for specific Impacts Controlled Surface Use (CSU) parcels. stipulations to No Surface Occupancy The following list of preliminary Comments and the Objection Process (NSO) stipulations for natural heritage issues were identified in the 2019 NOI Scoping for an earlier version of this botanical areas and reservoirs on the and will be addressed in this analysis: • Impacts on areas of the forest where project was conducted in 2019 and NFGT consistent with forest plan included publication of an NOI standards. This would decrease the air pollution levels have not met the describing the initial proposed action number of acres with a CSU stipulation and potential alternatives, opportunities from approximately 73,100 to 63,100 for criteria air pollutants and have been for public comment announced through acres and increase the acres under NSO designated as nonattainment areas. • Impacts on greenhouse gas a legal notice and the NFGT mailing list, from approximately 11,100 to 28,000 emissions. and four public meetings. Comments acres.

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Responsible Official were received from Federal, state, and due to a backlog of documents that were electronically filed via Enforcement and local agencies, elected officials, Native The responsible official is Michael Compliance's Antidumping and American tribes, special interest groups, Boren, Under Secretary of Agriculture Countervailing Duty Centralized and concerned citizens and they will be for Natural Resources and Environment. Electronic Service System (ACCESS) considered in development of the EIS. Michael Boren, during the Federal Government This NOI provides an additional shutdown, on November 24, 2025, Under Secretary of Agriculture for Natural opportunity for public comments. Commerce tolled all deadlines in Resources and Environment. This notice of intent re-initiates the administrative proceedings by an [FR Doc. 2026-07974 Filed 4-22-26; 8:45 am] project and NEPA timeline. In this additional 21 days. On February 5, 3BILLING CODE 3411-15-P process the Agency is requesting 2026, Commerce extended the deadline comments on potential alternatives and for issuing the final results of this impacts, and identification of any review to April 10, 2026. On April 10, 4relevant information, studies or analyses 2026, Commerce extended the deadline of any kind concerning impacts for issues the final results of this review affecting the quality of the human to April 17, 2026. 5[A-570-106] environment. For a complete description of the events that occurred since the Wooden Cabinet and Vanities and It is important that interested Preliminary Results, see the Issues and Components Thereof From the members of the public provide their Decision Memorandum. The Issues and People's Republic of China: Final comments at such times and in such 6 Decision Memorandum is a public Results and Recission, in Part, of manner that they are useful to the document and is on file electronically Antidumping Duty Administrative agency's preparation of the EIS. via ACCESS. ACCESS is available to Review; 2023-2024 Therefore, written comments must be registered users at https://provided prior to the close of the AGENCY access.trade.gov. In addition, a complete comment period and should clearly version of the Issues and Decision articulate the commenter's concerns and Memorandum can be accessed directly contentions. Comments received in at https://access.trade.gov/frnotices. SUMMARYresponse to this solicitation, including names and addresses of those who The Ancientree Cabinet Co., Ltd. 7(Ancientree) and KM Cabinetry Co., Ltd. comment, will be part of the public Commerce conducted this review in (KM) made sales of wooden cabinets record for this proposed action. accordance with section 751(a) of the and vanities and components thereof Comments submitted anonymously will Tariff Act of 1930, as amended (the Act). (cabinets) at prices below normal value The products covered by this Order be accepted and considered. (NV) during the period of review (POR) are wooden cabinets and vanities. For Federal regulations (36 CFR April 1, 2023, through March 31, 2024. full description of the scope of the 228.103(c)(2)) state that oil and gas Order, see the Issues and Decision DATESleasing consent decisions are subject to : a predecisional objection process Blair Hood or Jacob Keller, AD/CVD Partial Recission of Review conducted in accordance with the Operations, Office I, Enforcement and procedures set forth in 36 CFR 219 Pursuant to 19 CFR 351.213(d)(3), it is Compliance, International Trade Subpart B. 36 CFR 219.51(b) states that Commerce's practice to rescind an ''Plans, plan amendments, or plan administrative review of an Commerce, 1401 Constitution Avenue revisions proposed by the Secretary of antidumping duty order when there is NW, Washington, DC 20230; telephone: Agriculture or the Under Secretary for no reviewable entry of subject (202) 482-8329 or (202) 482-4849, Natural Resources and Environment are merchandise during the POR for which not subject to the procedures set forth in liquidation is suspended. Normally, 8 : this section. A decision by the Secretary or Under Secretary constitutes the final 3administrative determination of the U.S. Deadlines,'' dated November 24, 2025. On August 12, 2025, Commerce Department of Agriculture.'' Because the 4published in the Federal Register the Final Results of Antidumping Duty Administrative Under Secretary for NRE is the Preliminary Results of the antidumping Review; 2023-2024,'' dated February 5, 2026. responsible official this project, it is not duty administrative review and invited 5subject to the 36 CFR 219 Subpart B Final Results of Antidumping Duty Administrative interested parties to comment. 1 Review; 2023-2024,'' dated April 10, 2026. objection process.

6Cooperating and Participating Agencies

Order on Wooden Cabinets and Vanities and The USDA Forest Service, National Components Thereof from the People's Republic of Forests and Grasslands in Texas, is the 2China; 2023-2024,'' dated concurrently with, and lead agency and the USDI Bureau of hereby adopted by, this notice (Issues and Decision Memorandum). Land Management, New Mexico State See Wooden Cabinets and Vanities and 1Components Thereof from the People's Republic of See Wooden Cabinets and Vanities and Office, is a cooperating agency in this 7China: Preliminary Results and Recission, in Part, Components Thereof from the People's Republic of analysis. China: Antidumping Duty Order, 85 FR 22126 of the Antidumping Duty Administrative Review;

2023-2024, 90 FR 38727 (August 12, 2025) (April 21, 2020) (Order). (Preliminary Results), and accompanying See., e.g., Dioctyl Terephthalate from the 8Preliminary Decision Memorandum. Republic of Korea: Rescission of Antidumping

Administrative Review; 2021-2022, 88 FR 24758 2(April 24, 2023); see also Certain Carbon and Alloy

Steel Cut- to Length Plate from the Federal Republic

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upon completion of an administrative investigation, for guidance when review, the suspended entry is calculating the rate for separate rate Pursuant to section 751(a)(2)(A) of the liquidated at the antidumping duty respondents which Commerce did not Act, and 19 CFR 351.212(b)(1), assessment rate calculated for the examine individually in an Commerce has determined, and U.S. review period. Therefore, for an administrative review. Section Customs and Border Protections (CBP) 9administrative review to be conducted, 735(c)(5)(A) of the Act states that the all- shall assess, antidumping duties on all there must be a reviewable, suspended others rate should be calculated by appropriate entries of subject entry that Commerce can instruct CBP averaging the weighted-average merchandise in accordance with the to liquidate at the antidumping duty dumping margins calculated for final results of this review. Pursuant to assessment rate calculated for the 19 CFR 351.212(b)(1), for Ancientree, individually-examined respondents, review period. we calculated importer-specific ad excluding dumping margins that are 10Commerce found during this valorem duty assessment rates based on zero, de minimis, or based entirely on administrative review that Fujian the ratio of the total amount of dumping facts available. Accordingly, for the final Leifeng Cabinetry Co., Ltd. (Fujian calculated for each importer's examined results of review, we are assigning to the Leifeng) had suspended entries during sales and the total entered value of the non-selected separate rate respondents the POR. However, Fujian Leifeng's sales. 11 an estimated weighted-average dumping suspended entries were sample sales, For all non-selected separate rate margin based on the average of which we determined were not applicants subject to this review, we Ancientree and KM's rates weighted by reviewable entries. As a result, in the will instruct CBP to liquidate all entries their publicly available ranged U.S. absence of reviewable entries of subject of subject merchandise that entered the sales values. merchandise during the POR, we are 14 United States during the POR at the hereby rescinding this administrative average of the rates calculated for review for Fujian Leifeng, in accordance Ancientree and KM as listed above. For with 19 CFR 351.213(d)(3). As stated in the Preliminary Results, entries of subject merchandise during because no party requested a review of the POR produced by Ancientree and Analysis of Comments Received the China-wide entity in this review, the KM for which they did not know their All issues raised in case and rebuttal China-wide entity is not under review merchandise was destined for the briefs by interested parties in this and the China-wide entity's rate, i.e., United States, we intend to instruct CBP administrative review are addressed in 251.64 percent, is not subject to to liquidate such entries at the China- the Issues and Decision Memorandum. change. Commerce considers all other wide rate if there is no rate for the 15A list of the issues addressed is companies, listed in Appendix II of this intermediate company or companies included as Appendix I to this notice. notice, for which a review was involved in the transaction. For the company for which the review requested, and which did not Changes From the Preliminary Results is rescinded, any suspended entries that demonstrate separate rate eligibility, to Based on our review of the record and entered under that exporter's case be part of the China-wide entity. analysis of the comments received, we number (i.e., at that exporter's rate) will made certain changes to the Preliminary Final Results of Administrative Review be liquidated at the rate as entered. For Results. For a more detailed discussion all other companies, we will instruct Commerce determines that the of the issues raised by parties, see the CBP to apply the antidumping duty following estimated weighted-average Issues and Decision Memorandum.12 assessment rate of the China-wide dumping margins exist for the period Rates for Non-Examined Separate Rate entity, 251.64 percent, to all entries of covering April 1, 2023, through March Respondents subject merchandise exported by these 31, 2024: Commerce determines that 17 12companies, not individually examined, Weighted- are eligible for separate rates in this average administrative review. The Act and Exporter dumping 13 margin Commerce's regulations do not address (percent) the establishment of a separate rate to be applied to companies not selected for KM Cabinetry Co., Ltd ................ 43.92 individual examination when The Ancientree Cabinet Co., Ltd 7.67 Commerce limits its examination in an Non-Examined Companies Re-administrative review pursuant to ceiving a Separate Rate ..... 10.02 16section 777A(c)(2) of the Act. Generally,

Commerce looks to section 735(c)(5) of the Act, which provides instructions for Commerce intends to disclose the calculating the all-others rate in an Cash Deposit Requirements calculations performed in connection The following cash deposit with these final results of review to of Germany: Recission of Antidumping requirements will be effective for all interested parties within five days of Administrative Review; 2020-2021,88 FR 4157 shipments of the subject merchandise (January 24, 2023); and Lightweight Thermal Paper any public announcement or, if there is entered, or withdrawn from warehouse, from Japan: Rescission of Antidumping no public announcement, within five Administrative Review; 2022- 2023, 89 FR 18373 days of the date of publication of this (March 13, 2024). See Initiation of Antidumping and notice in the Federal Register, in 17See 19 CFR.212(b)(1). 9 Countervailing Duty Administrative Reviews, 89 FR accordance with 19 CFR 351.224(b). See 19 CFR 351.213(d)(3). 49844 (June 12, 2024) (''All firms listed below that 10See Memorandum, ''U.S. Customs and Border wish to qualify for separate rate status in the 11Protection (CBP) Data Release,'' dated December 1, administrative reviews involving NME countries 2025. See Issues and Decision Memorandum. must complete, as appropriate, either a Separate 14See Issues and Decision Memorandum. See Preliminary Results, 89 FR at 35785. Rate Application or Certification, as described 12 15See Appendix II. See Appendix III. below.''). 13 16

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for consumption on or after the in the amount of antidumping duties by Ltd. publication date of the final results of the amount of countervailing duties. 10. Taishan Oversea Trading Company Ltd. 11. The Ancientree Cabinet Co., Ltd. this administrative review, as provided 12. Xiamen Golden Huanan Imp. & Exp. Co., by section 751(a)(2)(C) of the Act: (1) the Ltd. This notice also serves as a final cash deposit rate for the companies 13. Xuzhou Yihe Wood Co., Ltd. reminder to parties subject to an APO of subject to this review will be the rate 14. Yixing Pengjia Technology Co., Ltd. their responsibility concerning the established in these final results of the (formerly known as Yixing Pengjia return or destruction of proprietary review; (2) for previously investigated or Cabinetry Co. Ltd.) information disclosed under APO in reviewed Chinese and non-Chinese [FR Doc. 2026-07866 Filed 4-22-26; 8:45 am] accordance with 19 CFR 351.305(a)(3), exporters not listed above that have which continues to govern business separate rates, the cash deposit rate will proprietary information in this segment continue to be the exporter-specific rate of the proceeding. Timely written published for the most recently notification of the return or destruction completed segment of this proceeding in of APO materials or conversion to which they were reviewed; (3) for all judicial protective order is hereby Chinese exporters of subject requested. Failure to comply with the merchandise that have not been found [Docket No. 260420-0105] regulations and the terms of an APO is to be entitled to a separate rate, the cash a sanctionable violation. deposit rate will be equal to the RIN 0625-XC061 weighted-average dumping margin for the China-wide entity (i.e., 251.64 Procedures for Submissions by This determination is issued and percent); and (4) for all non-Chinese Certain Steel and Aluminum Producers published in accordance with sections exporters of subject merchandise which Committing to New U.S. Steel or 751(a)(1) and 777(i)(1) of the Act, and 19 have not received their own separate Aluminum Production To Obtain Tariff CFR 351.221(b)(5). rate, the cash deposit rate will be the Adjustments Under Proclamation rate applicable to the Chinese 10984 exporter(s) that supplied that non- Chinese exporter. These cash deposit : International Trade 18 AGENCYrequirements, when imposed, shall remain in effect until further notice. Commerce.

: Notice announcing procedures Certification ACTIONfor seeking tariff adjustments under Appendix I Following the publication of this Proclamation 10984. notice, the importer, or the importer's agent, must continue to submit any : In Presidential Proclamation SUMMARYrequired certifications to CBP as part of 10984 of October 17, 2025 (Adjusting the entry process by uploading them Imports of Medium- and Heavy-Duty into the document imaging system in Vehicles, Medium- and Heavy-Duty CBP's Automated Commercial IV. Changes from the Preliminary Results Vehicle Parts, and Buses Into the United Environment at the time of entry States), the President imposed Comment 1: Whether Commerce Should summary filing. Consistent with CBP's additional tariffs on imports of specified Rescind the Review with Respect to procedures, importers shall also identify medium- and heavy-duty vehicles Fujian Leifeng entries required to have certifications by (MHDVs), medium- and heavy-duty Comment 2: Whether Commerce Should using importers' additional declaration vehicles parts (MHDVPs), and buses to Rely on Adverse Facts Available for KM (record 54) AD/CVD Certification eliminate the threat to national security Designation (type code 06) when filing posed by such imports. That Appendix II entry summary. Proclamation also authorized the 19Companies Considered To Be Part of the Secretary of Commerce to reduce tariffs Notification to Importers owed under Proclamation 9704 of This notice serves as a final reminder March 8, 2018 (Adjusting Imports of 1. Oppein Home Group Inc. to importers of their responsibility Aluminum Into the United States) as 2. Weihai Jarlin Cabinetry Manufacture Co., under 19 CFR 351.402(f)(2) to file a Ltd. amended, and Proclamation 9705 of certificate regarding the reimbursement 3. Xiamen Adler Cabinetry Co., Ltd. March 8, 2018 (Adjusting Imports of of antidumping and/or countervailing 4. Zhongshan NU Furniture Co., Ltd. Steel Into the United States) as duties prior to liquidation of the Appendix III amended, for certain steel and relevant entries during this POR. Failure aluminum producers operating to comply with this requirement could Companies Under Review Receiving a Separate Rate (Including the Mandatory Mexico, based on newly committed U.S. Respondents) reimbursement of antidumping and/or production capacity. This notice countervailing duties has occurred and 1. Anhui Swanch Cabinetry Co., Ltd. establishes procedures for submission 2. Changyi Zhengheng Woodwork Co., Ltd. the subsequent assessment of double and review of documentation 3. Dalian Hualing Wood Co., Ltd. antidumping duties, and/or an increase substantiating new U.S. production 4. Goldenhome Living Co., Ltd. capacity commitments and eligibility for 5. Honsoar New Building Material Co., Ltd. See Order, 85 FR at 22126. adjusted tariffs by the Department of 6. Jiang Su Rongxin Wood Industry Co., Ltd. 18See Cargo System Messaging Service Commerce. (formerly known as Jiang Su Rongxin 19#59384253, dated 02/12/2024; see also, Cabinets Ltd.) : Eligible steel and aluminum Announcing an Importer's Additional Declaration DATES7. KM Cabinetry Co., Ltd. in the Automated Commercial Environment producers may submit documentation 8. Senke Manufacturing Company Specific to Antidumping/Countervailing Duty as of April 23, 2026. 9. Shanghai Zifeng International Trading Co., Certifications, 89 FR 7372 (February 2, 2024).

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: Documentation must be automobiles and MHDVs is first MHDV manufacturers. Such ADDRESSES adjustments are to be limited to incorporated into automobile parts and submitted electronically to: quantities of aluminum or steel equal to MHDVPs, the Secretary determined that adjustment@trade.gov. newly committed U.S. production automobile parts and MHDVPs are also : capacity, as determined by the ''key products'' under these procedures, Emily Davis, Director for Public Affairs, consistent with the purpose of Proclamation 10984 provides that the Proclamation 10984. U.S. Department of Commerce, 202- adjusted tariff rate under Proclamations 482-3809, Emily.Davis@trade.gov. I. Eligibility 9704 and 9705 may be no less than 25 : Only applicants that produce steel or percent, and that the adjusted tariff rate aluminum in Canada or Mexico and that is only available for imports of supply, directly or indirectly (through aluminum and steel that qualify for On October 17, 2025, the President incorporation into parts), to U.S. preferential tariff treatment under the issued Proclamation 10984 (Adjusting producers of automobiles or MHDVs are U.S.-Mexico-Canada Agreement Imports of Medium- and Heavy-Duty eligible for tariff adjustment based on (USMCA) and that were respectively Vehicles, Medium- and Heavy-Duty new production commitments smelted and cast or melted and poured Vehicle Parts, and Buses Into the United (Qualified Companies). Only new in Canada or Mexico. States) (90 FR 48451), finding that production commitments from Proclamation 10984 directed the imports of medium- and heavy-duty Qualified Companies that will expand Secretary to administer this program in vehicles (MHDVs), medium- and heavy- U.S. primary steel and primary a manner consistent with the need to duty vehicle parts (MHDVPs), and buses aluminum production capacity for key address the national security threats the threaten to impair the national security products (automobiles and automobile President found in Proclamation 9704, of the United States, and determining parts and MHDVs and MHDVPs) are Proclamation 9705, Proclamation 9888 that it is necessary and appropriate to eligible for consideration under these of May 17, 2019 (Adjusting Imports of impose specified tariffs to adjust procedures (Qualifying Commitments). Automobiles and Automobile Parts Into imports of MHDVs, MHDVPs, and buses Only imports of steel and aluminum the United States) (84 FR 23433), and so that such imports will not threaten to that qualify for preferential tariff Proclamation 10984. The Secretary has impair national security pursuant to treatment under the USMCA and that determined that it is necessary to section 232 of the Trade Expansion Act were melted and poured or smelted and establish a process for firms that operate of 1962, as amended (19 U.S.C. 1862). cast in Mexico or Canada are eligible for production facilities in Canada and In addition, Proclamation 10984 a tariff adjustment (Qualifying Imports). Mexico to apply for the adjusted tariffs, acknowledged the close connections as authorized in Proclamation 10984, Any tariff adjustment granted pursuant and overlap between part suppliers for based on the quantities of aluminum or to these procedures will be limited to the automobile industry and for the steel equal to newly committed U.S. quantities of Qualifying Imports equal to MHDV industry, and determined that it production capacity. The Secretary has the projected annual new production is necessary and appropriate to conform determined that only commitments to capacity, as determined by the certain aspects of the tariff system increase production of primary steel and Department. Tariff adjustment will be imposed in Proclamation 10908 of primary aluminum should be eligible limited to a fixed period of time, as March 26, 2025 (Adjusting Imports of because these commitments address key determined by the Department, that Automobiles and Automobile Parts Into bottlenecks and will increase the supply reflects the resources committed, the the United States) (90 FR 14705), as of U.S. steel and aluminum for national security benefits of the amended, with the tariff system downstream producers of automobiles commitment, the commercially imposed in Proclamation 10984 for and MHDVs. For purposes of these reasonable time period necessary to MHDVs, certain MHDVPs, and buses. procedures, ''primary steel'' refers to complete the project and begin Finally, the President found it necessary steel articles that are produced in a production using the new capacity, and and appropriate to allow modification of basic oxygen furnace, electric arc any other factor the Department tariffs imposed under Proclamation furnace, or any other steel making considers appropriate. 9704 of March 8, 2018 (Adjusting furnace in the United States and II. Opportunity To Submit Imports of Aluminum Into the United ''primary aluminum'' means aluminum Documentation States) (83 FR 11619), as amended, and articles that are produced in a smelter Proclamation 9705 of March 8, 2018 in the United States. Qualified Companies making (Adjusting Imports of Steel Into the The Secretary has also determined Qualifying Commitments may submit United States) (83 FR 11625), as that, for purposes of these procedures, documentation, on a project-by-project amended, based on commitments to commitments to increase production basis, outlining their proposed increase production of steel or capacity of primary steel and primary investment plan, including the aluminum products that support U.S. aluminum that supports U.S. proposed location, production details, production capacity of key products, production capacity of key products proposed capacity, and milestone should be limited to commitments to including U.S. automobiles and commitments. increase U.S. capacity of primary steel MHDVs. Each submission should include and primary aluminum that supports To enhance the supply chain security documentation certified by an and domestic production of U.S. U.S. production capacity for applicant's Chief Financial Officer, MHDVs and automobiles, Proclamation automobiles, MHDVs, automobile parts, General Counsel, or an equivalent-level and MHDV parts (MHDVPs). 10984 authorized the Secretary to of senior officer that provides the reduce tariffs owed under Proclamations Proclamation 10984 identifies following: 1. An explanation of the applicant's 9704 and 9705 by up to half the automobiles and MHDVs as examples of status as a Qualifying Company, otherwise applicable rate for aluminum key products. As automobile parts and including locations, volumes, and MHDVPs are critical inputs to MHDVs or steel producers that operate product types of existing production of and automobiles, and as much of the steel or aluminum in Canada or Mexico, Mexico and supply U.S. automobile or steel and aluminum contained in

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1. Completion of facility design; Company take all necessary action to and U.S. automobile and MHDV iii. Hiring construction team or pay duties that would otherwise have manufacturers to whom the applicant construction contractors; been owed on previous entries of directly or indirectly (through iv. Construction start date; Qualifying Imports. The applicant is incorporation into parts) supplies steel v. Purchase of equipment; required to provide information or aluminum and the volumes supplied. vi. Delivery and installation of 2. An overview of the proposed requested by the Department and to equipment; and project, including project background provide the Department with access to vii. Completion of construction and information, project objectives, information needed to verify the production first heat. proposed location(s) of the project, any accuracy of the application and to b. Applicants may also provide targets progress to date, and an explanation of ensure compliance with Qualifying for additional, optional milestones, the applicant's engagement with local Commitments. Failure to do so may be including: authorities on the project, including treated as a failure to substantially meet i. Award of significant construction economic incentives and permitting. Qualifying Commitments, and may contract(s); 3. Details about the proposed result in the Department directing CBP ii. Award of significant engineering production that will occur as a result of to reliquidate entries at the duty rate contract(s); the project, including: that would apply without any tariff iii. Permitting application submission; a. Details on the kind of primary steel adjustment. iv. Permitting award; and/or primary aluminum that will be 8. The name and importer of record v. Finalizing financing agreements; produced at the facility, including the number of the importer responsible for vi. Hiring engineers; and applicable North American Industry importing steel or aluminum into the vii. Equipment certification. Classification System (NAICS) code, the United States under the tariff 5. A project management plan that Harmonized Tariff Schedule of the adjustment on behalf of the applicant. details how the applicant will hire and United States (HTSUS) code that would The applicant may only designate a manage the team(s) in charge of key apply to the product if it were imported single representative. aspects of the project, including into the United States, and a written engineering, equipment supply, and III. Review Process description of the steel or aluminum other relevant activities necessary to product; The Department will review each complete the project. This plan shall b. The U.S. key product(s) submission for completeness, include the estimated cost of (automobiles, automobile parts, MHDVs, commercial practicalities (i.e., whether construction, engineering, and and MHDV parts) production capacity it is a bona fide and facially legitimate equipment necessary for the proposed that will be supported, directly or proposal), and compliance with these project, as well as any other significant indirectly, by the production resulting procedures. The Department may costs the applicant expects to incur as from the project; request supplemental documentation or part of completing the proposed project. c. The projected annual primary steel clarification as necessary. 6. A commitment to provide the or primary aluminum production Upon a determination by the Department with quarterly reports that capacity that will result from the Department that a submission is detail the applicant's progress towards project; complete, is commercially practicable, the milestones and project management d. A list of suppliers (or potential and is consistent with these procedures, plan, as well as details on the costs-to- suppliers) for production equipment for the Department will notify U.S. Customs date incurred by the applicant in the project, including contracts that and Border Protection (CBP) of its executing the project. The applicant will have been entered into and quotes or determinations, the effective date that use this quarterly report to notify the estimates that have been provided by tariff adjustments will begin, and of the Department of any proposed changes to potential suppliers; quantity of Qualifying Imports that is the milestones. e. A list of construction contractors eligible for the tariff adjustment each 7. A statement that the applicant (or potential contractors) that will be quarter. The Department will provide recognizes that substantially meeting involved in executing the project, CBP with the importer authorized by the the milestones set forth in its including contracts that have been Department to access this adjustment, submission is necessary for continued entered into and quotes or estimates that including importer name and importer eligibility for the tariff adjustment and have been provided by potential of record number. Once the Department that, if it does not substantially meet its suppliers; notifies CBP that a Qualified Company Qualifying Commitments, the f. A list of raw materials that will be is eligible for a tariff adjustment, the liquidation or reliquidation of entries needed to support production under the Qualified Company may through its with the imposition of outstanding project, including known or expected designated importer of record begin tariffs on prior entries that used the suppliers and any contracts that have importing Qualifying Imports subject to tariff adjustment may result. Tariff been entered into and quotes or an additional tariff of 25% under adjustments may be paused by the estimates that have been provided by Proclamation 9704, as amended, or Department on a quarterly basis should potential suppliers; and Proclamation 9705, as amended, subject the Department determine that the g. A narrative explanation of how the to the quarterly quantitative limit applicant is not substantially meeting applicant will increase hiring to staff the established by the Department. milestones. Moreover, failure to provide new project. As outlined in Section III.6, the requested information and significant 4. Milestones that the applicant applicant shall provide the Department delays that are within the applicant's commits to meeting in order to obtain with updates on a quarterly basis for control and that threaten a project's and retain a tariff adjustment and the each project, including whether timely completion may result in a company's expectation regarding milestones have been met. The determination by the Department that anticipated completion of the project. Department may, at its discretion, the applicant has failed to substantially a. Applicants are required to provide request access to supporting meet its Qualifying Commitment, targets for the following mandatory documentation including the resulting in termination of eligibility milestones: applicant's relevant books and records i. Purchase of land; and a requirement that the Qualifying

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1. Consequences for Substantial Control Number. The approved OMB to ensure compliance and evaluate Noncompliance With Milestones Control Number for this information progress towards milestones. collection is 0625-0285. Without this If the Department determines that a If any developments impact or are approval, we could not conduct this Qualified Company has not reasonably expected to impact the information collection. Public reporting substantially met the milestones set Qualified Company's ability to meet for this information collection is forth in its commitments, the milestones, the Qualified Company estimated to be approximately 60 hours Department will inform CBP that the must promptly inform the Department, per response, including the time for Qualified Company is no longer eligible in the quarterly report outlined above. reviewing instructions, searching to receive quarterly tariff adjustments. If IV. Documentation To Be Provided existing data sources, gathering and the Qualified Company returns to After Approval maintaining the data needed, and substantially meeting with the completing and reviewing the milestones, it shall inform the Once a Qualified Company's information collection. All responses to Department and--if the Department application is approved and the this information collection are concurs--the Department will promptly Qualified Company begins to enter voluntary. Send comments regarding inform CBP that the Qualified Company Qualified Imports eligible for tariff this burden estimate or any other aspect again may receive quarterly tariff adjustments, the Qualified Company of this information collection, including adjustments and that Qualified Imports must provide the following information suggestions for reducing this burden to entered during the period after the to the Department on a quarterly basis: the International Trade Administration Department halted quarterly tariff Paperwork Reduction Act Program: 1. For steel: adjustments are retroactively eligible for pra@trade.gov. such adjustments. a. A letter, certified by the Qualified If the Department determines that a Company's Chief Financial Officer, William Kimmitt, Qualified Company has failed to General Counsel, or an equivalent-level Under Secretary for International Trade, substantially meet its Qualifying of senior officer, summarizing the total United States Department of Commerce. Commitment, the Department will shipments, volume, and value of Annex promptly inform CBP that previous Qualified Imports entered during the entries of Qualifying Imports must be, as Effective with respect to goods quarter and the location of the facilities appropriate, either liquidated or entered for consumption, or withdrawn producing the Qualified Imports reliquidated as no longer eligible for the from warehouse for consumption, on or claiming tariff adjustment. tariff adjustment and subject to all after 12:01 a.m. eastern standard time on b. An Excel spreadsheet and/or applicable tariffs. April 23, 2026, subchapter III of chapter certified .pdf with detailed information 99 of the Harmonized Tariff Schedule of VI. Confidential Business Information on all shipments of Qualified Imports the United States (HTSUS) is modified claiming tariff adjustment. Each listed Submissions containing confidential shipment of Qualified Imports should business information must be clearly 1. U.S. note 16 is modified by adding include the country of origin, volume, marked as such. the following new subdivision (h): value, HTSUS classification, and entry VII. Authority ''(h) Heading 9903.82.18 applies to number with accompanying mill test limited quantities of articles of steel This notice is issued pursuant to the certificates which state the country and described in subdivision (c)(iii) of this authority delegated to the Secretary by facility of melt and pour and for each note that: (1) were melted and poured in Proclamation 10984 consistent with listed heat number. Canada or Mexico; (2) qualify for section 232 of the Trade Expansion Act 2. For aluminum: preferential treatment under the United of 1962, as amended (19 U.S.C. 1862). States-Mexico-Canada Agreement, as a. A letter, certified by the Qualified VIII. Amendment to the Harmonized provided in general note 11 of the Company's Chief Financial Officer, Tariff Schedule of the United States HTSUS; and (3) are authorized by the General Counsel, or an equivalent-level (HTSUS) Secretary of Commerce as eligible for a of senior officer, summarizing the total tariff reduction under this heading shipments, volume, and value of Proclamation 10984 authorized the pursuant to clause 13 of Presidential Qualified Imports entered during the Secretary, in consultation with the Chair Proclamation 10984 of October 17, 2025. quarter and the location of the facilities of the United States International Trade Proclamation 10984 authorized the producing the Qualified Imports. Commission and CBP, to determine the Secretary of Commerce to reduce the modifications necessary to the HTSUS b. An Excel spreadsheet and certified applicable rate of duty for limited to effectuate that proclamation and to .pdf with detailed information on all quantities of articles of steel imported make such modifications to the HTSUS shipments of Qualified Imports claiming by steel producers that operate through notice in the Federal Register. tariff adjustment. Each listed shipment Accordingly, the HTSUS is modified as of Qualified Imports should include the Mexico and that supply steel to U.S. provided for in the Annex to this country and facility of smelt, the manufacturers of automobiles, medium- Notice. country and facility of most recent cast, and heavy-duty vehicles, automobile the country of origin, the value and IX. Paperwork Reduction Act parts, and medium- and heavy-duty volume of the article of aluminum, A Federal agency may not conduct or vehicle parts. products, HTSUS classification, and a Any importer entering an article of customs entry number for the import. respond to, nor shall a person be subject steel covered by this note under heading Qualified Companies must provide this to a penalty for failure to comply with 9903.82.18 shall provide any an information collection subject to the information to the Department on a information that may be required, and requirements of the Paperwork quarterly basis. A failure to provide the in such form, as is deemed necessary by information in this Section will be U.S. Customs and Border Protection in

et seq.) unless the information considered a failure to substantially order to permit the administration of collection has a currently valid OMB meet the milestones. this heading.''

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1. U.S. note 16 is modified by adding parts, and medium- and heavy-duty 6. Subdivision (c) of U.S. note 16 is the following new subdivision (i): vehicle parts. modified by deleting ''9903.82.02- 9903.82.17'' and inserting ''9903.82.02- ''(i) Heading 9903.82.19 applies to Any importer entering an article of 9903.82.19'' in lieu thereof. limited quantities of articles of aluminum covered by this note under aluminum described in subdivision 7. U.S. note 33 modified by deleting heading 9903.82.19 shall provide any (c)(i) of this note that: (1) were smelted ''9903.82.04-9903.82.17'' in each place information that may be required, and it appears and inserting ''9903.82.04- and cast in Canada or Mexico; (2) in such form, as is deemed necessary by qualify for preferential treatment under 9903.82.19'' in lieu thereof. U.S. Customs and Border Protection in the United States-Mexico-Canada 8. U.S. note 38 is modified by deleting order to permit the administration of ''9903.82.04-9903.82.17'' in each place Agreement, as provided in general note this heading.'' it appears and inserting ''9903.82.04- 11 of the HTSUS; and (3) are authorized 3. Subdivision (aa)(v)(1) of U.S. note by the Secretary of Commerce as eligible 9903.82.19'' in lieu thereof. 2 is modified by deleting ''99903.82.04- for a tariff reduction under this heading 9. Subdivision (a) of U.S. note 39 is 9903.82.17'' and inserting ''9903.82.04- modified by deleting ''9903.82.04- pursuant to clause 13 of Presidential 9903.82.19'' in lieu thereof. Proclamation 10984 or October 17, 9903.82.17'' and inserting ''9903.82.04- 4. Subdivision (a) of U.S. note 16 is 2025. Proclamation 10984 authorized 9903.82.19'' in lieu thereof. modified by deleting ''headings 10. The following new headings are the Secretary of Commerce to reduce the 9903.82.02- 9903.82.17'' and inserting inserted in numerical sequence, with applicable rate of duty for certain ''headings 9903.82.02-9903.82.19'' in quantities of aluminum imported by the material in each new heading lieu thereof. aluminum producers that operate inserted in the columns of the HTSUS labeled ''Heading/Subheading'', ''Article 5. Subdivision (b) of U.S. note 16 is modified by deleting ''9903.82.02- Description'', ''Rates of Duty 1-General'', Mexico and supply aluminum to U.S. manufacturers of automobiles, medium- 9903.82.17'' and inserting ''9903.82.02- ''Rates of Duty 1-Special'' and ''Rates of Duty 2'', respectively: and heavy-duty vehicles, automobile 9903.82.19'' in lieu thereof.

Rates of duty Heading/subheading Article description 1 2 General Special

''9903.82.18 ....................... Certain articles of steel, as provided for in subdivi- no change ... The duty provided in the no change.

sions (c)(iii) and (h) of U.S. note 16 to this sub- applicable subheading + chapter . . . 25%.

9903.82.19 ......................... Certain articles of aluminum, as provided for in sub- no change ... The duty provided in the no change.

division (c)(i) and subdivision (i) of U.S. note 16 to applicable subheading + this subchapter . . . 25%.

Constitution Avenue NW, Washington, [FR Doc. 2026-07987 Filed 4-22-26; 8:45 am] 4 due to a backlog of documents that were DC 20230; telephone: (202) 482-4956. electronically filed via Enforcement and : Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS) On September 11, 2025, Commerce during the Federal Government published the Preliminary Results of shutdown, on November 24, 2025, this administrative review in the [A-421-815] Commerce tolled all deadlines in Federal Register and invited interested administrative proceedings by an Certain Preserved Mushrooms From parties to comment. On November 17, 1 additional 21 days. On March 5, 2026, 5the Netherlands: Final Results of 2025, Giorgio Foods, Inc. (the petitioner) Commerce extended the deadline to Antidumping Duty Administrative and Okechamp filed timely case briefs. 2 issues these final results by 30 days. 6Review; 2022-2024 On December 10, 2025, the petitioner Accordingly, the deadline for these final and Okechamp filed timely rebuttal results is now April 17, 2026. AGENCYbriefs. For a complete description of the 3 events that occurred since the

Preliminary Results, see the Issues and SUMMARYDecision Memorandum. Commerce 7 Okechamp B.V. (Okechamp) made sales of subject merchandise at less than 4See Certain Preserved Mushrooms from the normal value during the period of 1Netherlands: Preliminary Results of Antidumping review (POR), November 3, 2022, Duty Administrative Review; 2022-2024, 90 FR 5through April 30, 2024. 44033 (September 11, 2025). Deadlines,'' dated November 24, 2025. See Petitioners' Letter, ''Petitioner's Affirmative 26DATESCase Brief,'' dated November 17, 2025; see also Final Results of Antidumping Duty Administrative : Okechamp's Letter, ''Okechamp B.V. Case Brief,'' Review; 2022-2024,'' dated March 5, 2026. Alexander Cipolla, AD/CVD Operations, dated November 17, 2025. 7Office III, Enforcement and Compliance, See Petitioners' Letter, ''Petitioner's Rebuttal 3Case Brief,'' dated December 10, 2025; see also Okechamp's Letter, ''Rebuttal Brief of Okechamp Order on Certain Preserved Mushrooms from the U.S. Department of Commerce, 1401 B.V.,'' dated December 10, 2025. Netherlands; 2022-2024,'' dated concurrently with,

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conducted this administrative review in accordance with section 751 of the Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act). Act and 19 CFR 351.212(b)(1), Cash Deposit Requirements Commerce shall determine, and U.S. The following deposit requirements 8 Customs and Border Protection (CBP) will be effective for all shipments of the The merchandise subject to the Order shall assess, antidumping duties on all subject merchandise entered, or is certain preserved mushrooms from appropriate entries of subject withdrawn from warehouse, for the Netherlands. For a complete merchandise in accordance with the consumption on or after the publication description of the scope of the Order, final results of this review. date of the final results of this see the Issues and Decision Where the respondent reported administrative review, as provided by reliable entered values, we calculated section 751(a)(2)(C) of the Act: (1) the importer- (or customer-) specific ad cash deposit rate for each specific Analysis of Comment Received valorem antidumping duty assessment company listed above will be equal to rates by aggregating the dumping All issues raised in the case and the weighted-average dumping margin margins calculated for all U.S. sales to rebuttal briefs are listed in the appendix established in the final results of this each importer (or customer) and to this notice and addressed in the administrative review, except if the rate dividing this amount by the total Issues and Decision Memorandum. The is less than 0.50 percent and, therefore, entered value of the sales to each Issues and Decision Memorandum is a de minimis within the meaning of 19 importer (or customer). Where public document and is on file CFR 351.106(c)(1), in which case the 10 Commerce calculated a weighted- electronically via ACCESS. ACCESS is cash deposit rates will be zero; (2) for average dumping margin by dividing the available to registered users at https:// previously reviewed or investigated total amount of dumping for reviewed access.trade.gov. In addition, a complete companies not participating in this sales to that party by the total sales version of the Issues and Decision review, the cash deposit rate will quantity associated with those Memorandum can be accessed directly continue to be the company-specific rate transactions, Commerce will direct CBP at https://access.trade.gov/frnotices. published for the most recently to assess importer- (or customer-) completed segment of this proceeding in Changes Since the Preliminary Results specific assessment rates based on the which the producer or exporter resulting per-unit rates. Where an participated; (3) if the exporter is not a 11Based on our review and analysis of importer- (or customer-) specific ad firm covered in this review, a prior the comments received from interested valorem or per-unit rate is greater than review, or the original investigation but parties regarding our Preliminary de minimis (i.e., 0.50 percent), the producer is, the cash deposit rate Results, we made no changes to the Commerce will instruct CBP to collect will be the rate established for the most margin calculations for Okechamp. 9 the appropriate duties at the time of recently completed segment of this liquidation. Where an importer- (or Final Results of Review proceeding for the producer of the 12 customer-) specific ad valorem or per- subject merchandise; and (4) the cash Commerce determines the following unit rate is zero or de minimis, deposit rate for all other producers or weighted-average dumping margin Commerce will instruct CBP to liquidate exporters will continue to be the all- exists for the period November 3, 2022, appropriate entries without regard to others rate established in the less-than- through April 30, 2024: antidumping duties. fair-value investigation (i.e., 132.97 13 Consistent with Commerce's percent). 15 assessment practice, for entries of Weighted-average As we stated in the Preliminary dumping margin subject merchandise during the POR Results, based on an analysis of Exporter/producer (U.S. dollars per produced by Okechamp for which the Okechamp's submitted entered value kilogram of net producer did not know that its data, we have determined that there is drained weight) merchandise was destined for the a substantial difference between

Okechamp B.V ............. 0.44 United States, we will instruct CBP to Okechamp's net unit price for its sales

liquidate unreviewed entries at the all- of mushrooms and the entered value others rate if there is no rate for the reported to CBP. While Commerce normally directs CBP to collect cash intermediate company(ies) involved in Normally, Commerce discloses to deposits on an ad valorem basis, we are the transaction. 14interested parties the calculations of the not required to do so by statute or by final results of an administrative review our regulations and have in the past within five days of a public used quantity-based rates where announcement or, if there is no public As such, we intend to 16announcement, within five days of the date of publication of the notice of final See Order, 88 FR at 33097. results in the Federal Register, in 15 See, e.g., Freshwater Crawfish Tail Meat from 16accordance with 19 CFR 351.224(b). the People's Republic of China; Notice of Final However, because we have made no Results of Antidumping Duty Administrative changes to the Preliminary Results, Review, and Final Partial Rescission of Antidumping Duty Administrative Review, 67 FR there are no new calculations to 19546, 19549 (April 22, 2002); Antifriction Bearings disclose. (Other Than Tapered Roller Bearings) and Parts See 19 CFR 351.212(b)(1). 10 Thereof from France, Germany, Italy, Japan, Id. Sweden, and the United Kingdom; Final Results of 11and hereby adopted by, this notice (Issues and Id. Antidumping Duty Administrative Reviews and 12Decision Memorandum). See 19 CFR 351.106(c)(2). Revocation of Orders in Part, 66 FR 36551 (July 12, 13See Certain Preserved Mushrooms From the For a full discussion of this practice, see 2001); Honey from the People's Republic of China: 814Netherlands, Poland, and Spain: Antidumping Duty Antidumping and Countervailing Duty Proceedings: Final Results and Final Rescission, In Part, of Orders, 88 FR 33096 (March 23, 2023) (Order). Assessment of Antidumping Duties, 68 FR 23954 Antidumping Duty Administrative Review, 70 FR See Issues and Decision Memorandum. (May 6, 2003). Continued 9

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direct CBP to collect cash deposits from additional 53 days. Accordingly, the Okechamp on a per-unit basis. These deadline for these final results is now cash deposit requirements, when April 20, 2026. imposed, shall remain in effect until For a summary of the events that [A-570-904] further notice. occurred since he Preliminary Results,

see the Issues and Decision Notification to Importers Certain Activated Carbon From the The Issues and Decision People's Republic of China: Final 5This notice serves as a final reminder Memorandum is a public document and Results of Antidumping Duty to importers of their responsibility is on file electronically via ACCESS. Administrative Review; 2023-2024 under 19 CFR 351.402(f)(2) to file a ACCESS is available to registered users certificate regarding the reimbursement at https://access.trade.gov. In addition, a AGENCYof antidumping duties prior to complete version of the Issues and liquidation of the relevant entries Decision Memorandum can be accessed during this review period. Failure to directly at https://access.trade.gov/ SUMMARYcomply with this requirement could frnotices. certain exporters under review sold Commerce is conducting this reimbursement of antidumping duties certain activated carbon (activated administrative review in accordance occurred and the subsequent assessment carbon) from the People's Republic of with section 751 of the Tariff Act of of double antidumping duties. China (China) in the United States at 1930, as amended (the Act). prices below normal value (NV) during the period of review (POR) April 1, 6This notice also serves as a reminder 2023, through March 31, 2024. The merchandise covered by the to parties subject to an APO of their Order is activated carbon. For a full DATESresponsibility concerning the : description of the scope of the Order, destruction of proprietary information Andrew Hart or Nathan Araya, AD/CVD see the Issues and Decision disclosed under APO in accordance Operations, Office II, Enforcement and with 19 CFR 351.305(a)(3). Timely Compliance, International Trade written notification of the return or Analysis of Comments Received destruction of APO materials or Commerce, 1401 Constitution Avenue We addressed all the issues raised in conversion to judicial protective order is NW, Washington, DC 20230; telephone: the case and rebuttal briefs in the Issues hereby requested. Failure to comply (202) 482-1058 or (202) 482-3401, and Decision Memorandum. A list of with the regulations and terms of an the issues that parties raised, and to APO is a sanctionable violation. which we responded in the Issues and : Decision Memorandum is provided in Appendix I to this notice. We are issuing and publishing these On August 15, 2025, Commerce results in accordance with sections Changes Since the Preliminary Results published the Preliminary Results in the 751(a)(1) and 777(i)(1) of the Act, and 19 Federal Register and invited interested CFR 351.221(b)(5). Based on a review of the record and parties to comment. comments received from interested 1parties regarding the Preliminary

Results, and for the reasons explained in

the Issues and Decision Memorandum, Commerce made certain changes to the preliminary weighted-average dumping 2due to the backlog of documents that margin calculations for Datong Juqiang Appendix were electronically filed via Activated Carbon Co., Ltd. (DJAC) and Enforcement and Compliance's Ningxia Huahui Environmental Antidumping and Countervailing Duty Technology Co., Ltd. (Ningxia Huahui) Centralized Electronic Service System for the final results of this review. As 7(ACCESS) during the Federal a result of the changes to DJAC and Government shutdown, on November Ningxia Huahui's weighted-average 24, 2025, Commerce tolled the dumping margins, we also revised the IV. Changes Since the Preliminary Results deadlines in administrative proceedings calculation of the rate assigned to the by an additional 21 days.On February Comment 1: Whether to Deny Certain non-selected companies granted a 39, 2026, Commerce extended the Home Market Rebates deadline for the final results by an Comment 2: Whether to Adjust Okechamp's Reported Cost of 4Final Results of 2023-2024 Antidumping Duty Manufacture Administrative Review,'' dated February 9, 2026. See Certain Activated Carbon from the People's Comment 3: Whether Okechamp's STYLEU 1Republic of China: Preliminary Results and Reporting is Accurate 5Rescission, in Part, of Antidumping Duty Administrative Review; 2023-2024, 90 FR 39378 (August 15, 2025), and accompanying Preliminary Order on Certain Activated Carbon from the [FR Doc. 2026-07867 Filed 4-22-26; 8:45 am] Decision Memorandum (PDM) (Preliminary People's Republic of China; 2023-2024,'' dated Results). concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 2See Notice of Antidumping Duty Order: Certain 38873 (July 6, 2005); and Fresh Garlic from the 6Activated Carbon from the People's Republic of People's Republic of China: Final Results of China, 72 FR 20988 (April 27, 2007) (Order). Antidumping Duty Administrative Review, 70 FR 334082 (June 13, 2005). Deadlines,'' dated November 25, 2025. See the Issues and Decision Memorandum. 7

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separate rate in this administrative review. Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), Commerce Separate Rates will determine, and U.S. Customs and No parties commented on Border Protection (CBP) shall assess, Commerce's preliminary results to grant antidumping duties on all appropriate a separate rate to certain companies. We entries of subject merchandise covered continue to grant both mandatory by the final results of this review. respondents and the companies listed in For the individually-examined Appendix II a separate rate. respondent in this review which has a final weighted-average dumping margin Cash Deposit Instructions that is not zero or de minimis (i.e., less As noted in the Preliminary Results, The following cash deposit than 0.5 percent), we will calculate in accordance with Commerce's policy, requirements will be in effect for all importer- (or customer-) specific per- the China-wide entity is not under shipments of subject merchandise unit duty assessment rates based on the review because no party specifically entered, or withdrawn from warehouse, ratio of the total amount of dumping requested, and Commerce did not self- for consumption on, or after, the date of calculated for the importer's (or initiate, a review of the China-wide publication of this notice in the Federal customer's) examined sales to the total entity. Thus, the China-wide entity's Register, as provided for by section 8 sales quantity associated with those dumping margin, i.e., 2.42 U.S. dollars 751(a)(2)(C) of the Act: (1) the cash sales, in accordance with 19 CFR per kilogram (USD/kg), is not subject to deposit rate for the companies identified 9 351.212(b)(1). We will also calculate change. Because each of the companies 12 above in the ''Final Results of Review'' (estimated) ad valorem importer- listed in Appendix III failed to timely section will be equal to the company- specific assessment rates with which to file a separate rate application or specific dumping margin established in determine whether the per-unit separate rate certification in this the final results of this administrative assessment rates are de minimis. proceeding, we continue to find that 13 review; (2) for a previously examined Where either a respondent's weighted- each company is ineligible for a separate exporter of subject merchandise not average dumping margin is zero or de rate and is considered part of the China- under review that has a separate rate, minimis, or an importer- (or customer-) wide entity. the cash deposit rate will continue to be specific assessment rate is zero or de the exporter's existing cash deposit rate; Final Results of Review minimis, we will instruct CBP to (3) for all China exporters of subject liquidate the appropriate entries We have determined the following merchandise that do not have a separate without regard to antidumping duties. weighted-average dumping margins for 14 rate, the cash deposit rate will be equal For DJAC and Ningxia Huahui, the companies listed below for the to the weighted-average dumping Commerce will calculate importer- period April 1, 2023, through March 31, margin assigned to the China-wide specific assessment rates for 2024: entity, which is 2.42 USD/kg; and (4) for antidumping duties, in accordance with all non-China exporters of subject 19 CFR 351.212(b)(1). For entries that Weighted- merchandise that do not have their own were not reported in the U.S. sales average separate rate, the cash deposit rate will Exporter dumping database submitted by each mandatory margin be equal to the weighted-average respondent individually examined (USD/kg) 10 dumping margin applicable to the China during this review, Commerce will Datong Juqiang Activated Carbon Co., exporter that supplied that non-China instruct CBP to liquidate such entries at Ltd .................................................... 0.00 exporter. These cash deposit the China-wide entity per-unit Ningxia Huahui Environmental Tech- requirements, when imposed, shall assessment rate (i.e., 2.42 USD/kg). nology Co., Ltd ................................ 0.56 15 remain in effect until further notice. Separate Rate for Non-Examined For the respondents that were not Companies ................................... 0.56 selected for individual examination in 11 Notifications to Importers Regarding this administrative review but qualified the Reimbursement of Duties for a separate rate, the per unit Commerce intends to disclose the This notice also serves as a final assessment rate will be the rate calculations and analysis performed for reminder to importers of their established for these companies in these these final results of review within five responsibility under 19 CFR 351.402(f) final results of review. For the five days of any public announcement or, if to file a certificate regarding the companies identified in Appendix III as there is no public announcement, reimbursement of antidumping duties part of the China-wide entity, we will within five days of the date of prior to liquidation of the relevant instruct CBP to apply the China-wide publication of this notice in the Federal entries during the POR. Failure to per-unit assessment rate to all entries of Register in accordance with 19 CFR comply with this requirement could subject merchandise during the POR 351.224(b). which were exported by those reimbursement of antidumping duties

occurred and the subsequent assessment See Preliminary Results 90 FR at 39379. 8of double antidumping duties. See Certain Activated Carbon from the People's 9Republic of China: Final Results and Partial Rescission of Second Antidumping Duty We applied the assessment rate calculation Administrative Order, 75 FR 70208 (November 17, This notice serves as the only 12method adopted in Antidumping Proceedings: 2010) (Carbon from China AR2). reminder to parties subject to an APO of Calculation of the Weighted-Average Dumping In the second administrative review of the 10their responsibility concerning the Margin and Assessment Rate in Certain Order, Commerce determined that it would Antidumping Proceedings: Final Modification, 77 disposition of proprietary information calculate per-unit weighted-average dumping FR 8101 (February 14, 2012). margins and assessment amounts for all future disclosed under APO in accordance See 19 CFR 351.212(b)(1)(i). reviews. See Carbon from China AR2, 75 FR at 13with 19 CFR 351.305. Timely written 70209, 70211. See 19 CFR 351.106(c)(2). 14notification of the return or destruction See Appendix II. See Carbon from China AR2, 75 FR at 70209. 1115

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hearings'' tab for registration of APO materials or conversion to judicial protective order is hereby information. After registering, you will requested. Failure to comply with the receive a confirmation email containing information about joining the webinar. regulations and terms of an APO is a sanctionable violation. [RTID 0648-XF723]

Gulf Fishery Management Council; Public Meetings These final results and this notice are issued and published pursuant to AGENCYsections 751(a)(1) and 777(i) of the Act, [FR Doc. 2026-07969 Filed 4-22-26; 8:45 am] and 19 CFR 351.213(h)(2) and 351.221(b)(5). Commerce.

: Notice; public hearings. ACTION : The Gulf Fishery Management SUMMARYCouncil (Gulf Council) will hold two webinar public hearings to solicit public comments on Reef Fish Amendment 63: [RTID 0648-XF693] Red Grouper Commercial Quota Pool Appendix I Gulf Fishery Management Council; Under the Grouper/Tilefish Individual Public Meeting Fishing Quota Program.

: The public hearings will take DATES AGENCYplace May 13 and 14, 2026. The public hearings will begin at 6 p.m. and will conclude no later than 9 p.m., EST. For Commerce. specific dates and times, see : Notice of a public meeting. IV. Changes Since the Preliminary Results ACTION . Written public comments must be received on or : The Gulf Fishery Management Comment 1: Whether to Revise our SUMMARYbefore 5 p.m. EDT on May 26, 2026. Council (Gulf Council) will hold a 1-day Calculation and Application of Certain : Please visit the Gulf Council virtual meeting of its Standing Scientific ADDRESSESMovement Expenses website at www.gulfcouncil.org for and Statistical Committee (SSC). Comment 2: Whether to Revise the meeting materials and webinar Selection of Surrogate Values (SVs) Used DATESregistration information. virtually on Tuesday, May 5, 2026, from to Value Certain Factors of Production Council address: Gulf Fishery 8:30 a.m.-5:00 p.m., EDT. (FOPs) Management Council, 4107 W Spruce Comment 3: Whether to Use Rani ADDRESSESStreet, Suite 200, Tampa, FL 33607; Transport Data to Value Freight virtually. Virtual connection telephone: (813) 348-1630. Comment 4: Whether to Use Century information will be available on the : Chemicals Financial Statements for the Council's website at Emily Muehlstein; Public Information Calculation of Surrogate Financial Ratios www.gulfcouncil.org and clicking on the Officer; emily.muehlstein@Comment 5: Whether a By-Product Offset ''meeting tab''. gulfcouncil.org, Gulf Fishery was Included in DJAC's SAS Program Council address: Gulf Fishery Management Council; telephone: (813) Management Council, 4107 W Spruce 348-1630. Street, Suite 200, Tampa, FL 33607; Appendix II : The telephone: (813) 348-1630. Companies Not Selected for Individual agenda for the following webinar public : Mr. Examination hearings is as follows: Council staff will Ryan Rindone, Lead Fishery Biologist, begin with a presentation on the 1. Beijing Pacific Activated Carbon Products Gulf Fishery Management Council; purpose, need, and proposed Co., Ltd. ryan.rindone@gulfcouncil.org, management alternatives in Reef Fish 2. Bengbu Modern Environmental Co. Ltd. telephone: (813) 348-1630. Amendment 63 which considers 3. Carbon Activated Tianjin Co., Ltd. : developing a 3-year pilot program to set 4. Ningxia Mineral & Chemical Limited Tuesday, May 5, 2026; 8:30 a.m.-5:00 aside a portion of the Red Grouper 5. Shanxi Industry Technology Trading Co., p.m. EDT commercial quota for distribution to Ltd. participants of the Grouper/Tilefish 6. Shanxi Sincere Industrial Co., Ltd. The meeting will begin with 7. Tancarb Activated Carbon Co., Ltd. Individual Fishing Quota (IFQ) program. introductions and adoption of agenda, Staff and a Council member will be Appendix III review and approval of Meeting Minutes available to answer any questions, and from the February 2026 SSC meeting the public will have the opportunity to Companies Determined To Be Part of the and Scope of Work. provide testimony on the amendment The Standing SSC will receive a and other related testimony. 1. Shanxi Dapu International Trade Co., Ltd. presentation on the Gulf Fishery- Scheduled Webinars: 2. Shanxi DMD Corp. Independent Survey of Habitat and 3. Shanxi Tianxi Purification Filter Co., Ltd. Wednesday, May 13, 2026; 6 p.m. EDT Ecosystem Resources (G-FISHER), 4. Sinoacarbon International Trading Co., via webinar including background materials and Ltd. Thursday, May 14, 2026; 6 p.m. EDT via SSC Discussion. The Standing SSC then 5. Tianjin Maijin Industries Co., Ltd. webinar will hold discussions on the Fisheries Visit www.gulfcouncil.org website and Risk/Value Matrix, including [FR Doc. 2026-07979 Filed 4-22-26; 8:45 am] click on the ''meetings and public presentations and SSC discussions.

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Public comments, if any, will be ADDRESSESheard at the end of the day followed by virtually. Virtual connection the review of any Other Business items, information will be available on the including SEDAR 100 Review Council's website at Workshop Appointments. www.gulfcouncil.org and clicking on the [RTID 0648-XF621] ''meeting tab''. --Meeting Adjourns Mid-Atlantic Fishery Management Council address: Gulf Fishery The meeting will also be broadcast via Council (MAFMC); Public Meeting Management Council, 4107 W Spruce webinar. You may register to listen in Street, Suite 200, Tampa, FL 33607; only by visiting www.gulfcouncil.org AGENCY telephone: (813) 348-1630. and clicking on the SSC meeting on the calendar. : Dr. The Agenda is subject to change, and Commerce. John Froeschke, Deputy Director, Gulf the latest version along with other Fishery Management Council; ACTIONmeeting materials will be posted on john.froeschke@gulfcouncil.org. www.gulfcouncil.org as they become : The Mid-Atlantic Fishery telephone: (813) 348-1630. SUMMARYavailable. Management Council's Tilefish : Although other non-emergency issues Monitoring Committee will hold a not on the agenda may come before the public webinar meeting. Monday, May 11, 2026; 12 p.m.-3 p.m. Scientific and Statistical Committees for : The meeting will be held on EDT DATESdiscussion, in accordance with the Tuesday, May 19, 2026, from 9:30 a.m. The meeting will begin with until 12 p.m. For agenda details, see Conservation and Management Act, introductions and adoption of agenda, . those issues may not be the subject of review and approval of the Meeting ADDRESSESformal action during this meeting. Summary from March 2026. The via webinar. Connection information, Actions of the Scientific and Statistical working group will receive a agenda items, and any additional Committee will be restricted to those presentation on SEDAR 100: Estimation information will be posted at https://issues specifically identified in the of shrimp trawl bycatch of gray www.mafmc.org prior to the meeting. agenda and any issues arising after triggerfish using SEAMAP data and the Council address: Mid-Atlantic Fishery publication of this notice that require proxy species lane snapper, a Management Council, 800 N State emergency action under Section 305(c) presentation on use of 2025 observer Street, Suite 201, Dover, DE 19901; of the Magnuson-Stevens Fishery data to estimate gray triggerfish bycatch telephone: (302) 674-2331; https://Conservation and Management Act, rates, and a presentation demonstrating www.mafmc.org. provided the public has been notified of the protocols to expand bycatch : the Council's intent to take-action to estimates from the initial sample of Christopher M. Moore, Ph.D., Executive address the emergency. observer data to the fleet level. Director, Mid-Atlantic Fishery Tuesday, May 12, 2026; 12 p.m.-3 p.m. Management Council, telephone: (302) EDT 526-5255.

: The The working group will receive a Tilefish Monitoring Committee will presentation on gear selectivity and meet via webinar to discuss efficiency, and a presentation on [FR Doc. 2026-07971 Filed 4-22-26; 8:45 am] management measures for both golden species-specific shrimp effort estimates and blueline tilefish. The objectives of to better inform bycatch. The working this meeting are for the Monitoring group will then have a period for Committee to: (1) Review recent stock discussion before making assessment information/data update, recommendations to the Council's fishery performance, and Scientific and Statistical Committee. recommendations from the Advisory Public comments, if any, will be heard Panel, Scientific and Statistical at the end of the day. Committee, and staff; (2) Recommend [RTID 0648-XF722] commercial and recreational annual --Meeting Adjourns catch limits, annual catch targets, and Gulf Fishery Management Council; The meeting will be broadcast via total allowable landing limits/quotas for Public Meeting webinar. You may register by visiting blueline tilefish for 2027-2029 and www.gulfcouncil.org. review previously set commercial and AGENCYThe Agenda is subject to change, and recreational annual catch limits, annual the latest version along with other catch targets, and total allowable Commerce. meeting materials will be posted on landing limits/quotas for golden tilefish www.gulfcouncil.org as they become : Notice of a public meeting. for 2027; and (3) set commercial and ACTIONavailable. recreational management measures for : The Gulf Fishery Management SUMMARYblueline tilefish and review commercial Council (Gulf Council) will hold a 2-day and recreational management measures virtual meeting of its Workgroup on for golden tilefish and recommend Shrimp Bycatch Methodology for changes if needed. Finfish Species. Special Accommodations DATESThese meetings are physically virtually on May 11-12, 2026, from 12 [FR Doc. 2026-07972 Filed 4-22-26; 8:45 am] p.m.-3 p.m., EDT daily. accessible to people with disabilities.

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: This action deletes product(s) Requests for sign language government agencies, research SUMMARYinterpretation or other auxiliary aid institutions, and the private sector'' in and service(s) from the Procurement List the development of NIDIS. 15 U.S.C. should be directed to Shelley Spedden, that were furnished by nonprofit (302) 526-5251, at least 5 days prior to 313d(c). The NIDIS Executive Council agencies employing persons who are the meeting date. provides the NIDIS Program Office, blind or have other severe disabilities. housed in the Office of Oceanic and : Date added to and deleted from DATESAtmospheric Research's Climate the Procurement List: May 24, 2026. Program Office, with an opportunity to : Committee for Purchase ADDRESSESengage in individual consultation with From People Who Are Blind or Severely senior resource officials from NIDIS's Disabled, 355 E Street SW, Suite 325, Federal partners, as well as leaders from Washington, DC 20024. [FR Doc. 2026-07967 Filed 4-22-26; 8:45 am] state and local government, academia, : For nongovernmental organizations, and the further information or to submit private sector. comments contact: Michael R. Status: This meeting is in-person and Jurkowski, Telephone: (703) 489-1322, will be open to public participation. or email CMTEFedReg@AbilityOne.gov. Individuals interested in attending : should register at https://Administration (NOAA) cpaess.ucar.edu/meetings/2026-nidis- Deletions executive-council-spring-meeting. National Integrated Drought On March 19, 2026 (91 FR 13295) the Please refer to this web page for the Information System (NIDIS) Executive Committee for Purchase From People most up-to-date meeting times and Council Meeting Who Are Blind or Severely Disabled agenda. Seating at the meeting will be : Climate Program Office (CPO), published notice of proposed deletions AGENCYavailable on a first-come, first-served Office of Oceanic and Atmospheric from the Procurement List. This notice basis. Research (OAR), National Oceanic and is published pursuant to 41 U.S.C. Special Accommodations: This 8503(a)(2) and 41 CFR 51-2.3. meeting is physically accessible to Department of Commerce (DOC). After consideration of the relevant people with disabilities. Requests for matter presented, the Committee has : Notice of open meeting. special accommodations may be ACTIONdetermined that the product(s) and directed no later than 12:00 p.m. on : The National Integrated service(s) listed below are no longer SUMMARYMay 1, 2026, to Elizabeth Ossowski, Drought Information System (NIDIS) suitable for procurement by the Federal Senior Program Manager, David Skaggs Program Office will hold an Government under 41 U.S.C. 8501-8506 Research Center, Room GD102, 325 organizational meeting of the NIDIS and 41 CFR 51-2.4. Broadway, Boulder, CO 80305; Email: Executive Council on May 7, 2026. Elizabeth.Ossowski@noaa.gov. Regulatory Flexibility Act Certification Matters to be Considered: The DATESThursday, May 7, 2026 from 9:00 a.m. I certify that the following action will meeting will include the following EST to 3:30 p.m. EST. These times and not have a significant impact on a topics: (1) NIDIS implementation the agenda topics are subject to change. updates and 2026 priorities; (2) The major factors considered for this : The meeting will be held at Executive Council member updates and ADDRESSEScertification were: the Hall of the States, Room 333, 444 2026 priorities relevant to Drought, 1. The action will not result in North Capitol St. NW, Washington, DC Water, Fire, and Extreme Weather additional reporting, recordkeeping or 20001. Events; (3) Next Generation Drought other compliance requirements for small Planning and Monitoring resources; (4) : entities. NIDIS Strategic Plan Overview; and (5) Veva Deheza, NIDIS Executive Director, 2. The action may result in Federal Agency Water and Drought David Skaggs Research Center, Room authorizing small entities to furnish the Priorities. GD102, 325 Broadway, Boulder, CO product(s) and service(s) to the 80305. Email: Veva.Deheza@noaa.gov; Nikola Garber, Government. or visit the NIDIS website at 3. There are no known regulatory Deputy Director, National Sea Grant College www.drought.gov. Program, Office of Oceanic and Atmospheric alternatives which would accomplish : The Research, National Oceanic and Atmospheric the objectives of the Javits-Wagner- National Integrated Drought Information O'Day Act (41 U.S.C. 8501-8506) in System (NIDIS) was established by connection with the product(s) and [FR Doc. 2026-07896 Filed 4-22-26; 8:45 am] Public Law 109-430 on December 20, service(s) deleted from the Procurement BILLING CODE 3510-KB-P 2006, and reauthorized by Public Law List. 113-86 on March 6, 2014 and Public End of Certification Law 115-423 on January 7, 2019, with COMMITTEE FOR PURCHASE FROM a mandate to provide an effective PEOPLE WHO ARE BLIND OR Accordingly, the following product(s) and drought early warning system for the SEVERELY DISABLED service(s) are deleted from the Procurement United States; coordinate, and integrate List: Procurement List; Additions and as practicable, Federal research in Product(s) Deletions support of a drought early warning NSN(s)--Product Name(s): system; and build upon existing : Committee for Purchase From AGENCY6230-01-513-2533--Kit, Helicopter forecasting and assessment programs People Who Are Blind or Severely Landing Zone and partnerships. See 15 U.S.C. 313d. Disabled. 6230-01-513-1920--Kit, Safety, Lighting, The Public Law also calls for Red. Strobe : Deletions from the Procurement ACTIONconsultation with ''relevant Federal, 6230-01-513-1924--Kit, Safety, Lighting, List. regional, State, tribal, and local Amber, Strobe

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Procurement List that were furnished by information collection requests should 6230-01-513-1925--Kit, Safety, Lighting, Green, Strobe nonprofit agencies employing persons be submitted within 30 days of 6230-01-513-1930--Kit, Safety, Lighting, who are blind or have other severe publication of this notice. Click on this Red, LED disabilities. link www.reginfo.gov/public/do/ 6230-01-513-1933--Kit, Safety, Lighting, PRAMain to access the site. Find this Amber, LED DATES information collection request (ICR) by or before: May 24, 2026. 6230-01-513-1934--Kit, Safety, Lighting, selecting ''Department of Education'' Clear, LED : Committee for Purchase ADDRESSES under ''Currently Under Review,'' then 6230-01-514-0920--Kit, Safety, Lighting, From People Who Are Blind or Severely check the ''Only Show ICR for Public Blue, Strobe Disabled, 355 E Street SW, Suite 325, Comment'' checkbox. Reginfo.gov 6230-01-514-0921--Kit, Safety, Lighting, Washington, DC 20024. Clear, Strobe provides two links to view documents : For 6230-01-513-2551--Kit, Safety, Lighting, related to this information collection Traffic Cone further information or to submit request. Information collection forms Authorized Source of Supply: The Arc of comments contact: Michael R. and instructions may be found by Bergen and Passaic Counties, Inc., Jurkowski, Telephone: (703) 489-1322, clicking on the ''View Information Hackensack, NJ or email CMTEFedReg@AbilityOne.gov. Collection (IC) List'' link. Supporting Mandatory For: DEPT OF DEFENSE : This statements and other supporting Contracting Activity: DEFENSE LOGISTICS notice is published pursuant to 41 documentation may be found by AGENCY, DLA TROOP SUPPORT U.S.C. 8503(a)(2) and 41 CFR 51-2.3. Its clicking on the ''View Supporting Services(s) purpose is to provide interested persons Statement and Other Documents'' link. Service Type: Base Supply Center an opportunity to submit comments on : For Mandatory for: BSC-Defense Supply the proposed actions. specific questions related to collection Service--Washington: Jefferson Plaza activities, please email Frank Miller, #1,1411 Jefferson Davis Highway, Deletions Arlington, VA SAOP@ed.gov. The following product(s) are proposed Authorized Source of Supply: Virginia : The for deletion to the Procurement List: Industries for the Blind, Charlottesville, Department is especially interested in VA Product(s) public comment addressing the Contracting Activity: DEPT OF DEFENSE, following issues: (1) is this collection NSN(s)--Product Name(s): 7125-01-667- DOD/OFF OF SECRETARY OF DEF necessary to the proper functions of the 2783--Shelf, Open Storage, 4 Shelves, (EXC MIL DEPTS) 54″, Charcoal Department; (2) will this information be Service Type: Base Supply Center Authorized Source of Supply: MidWest processed and used in a timely manner; Mandatory for: BSC-Defense Supply Enterprises for the Blind, Inc., (3) is the estimate of burden accurate; Service--Washington: Rosslyn,1401 Kalamazoo, MI Wilson Boulevard, Arlington, VA (4) how might the Department enhance Mandatory For: Total Government Designated Source of Supply: Virginia the quality, utility, and clarity of the Requirement Industries for the Blind, Charlottesville, information to be collected; and (5) how Contracting Activity: GENERAL SERVICES VA might the Department minimize the ADMINISTRATION, GSA/FAS Contracting Activity: DEPT OF DEFENSE, burden of this collection on the FURNITURE SYSTEMS MGT DIV DOD/OFF OF SECRETARY OF DEF respondents, including through the use (EXC MIL DEPTS) Michael R. Jurkowski, of information technology. Please note Service Type: Office Supply Store Director, Business Operations. that written comments received in Mandatory for: BSC-Defense Supply response to this notice will be [FR Doc. 2026-07878 Filed 4-22-26; 8:45 am] Service--Washington: Hoffman Building considered public records. II,200 Stovall Street, Alexandria, VA BILLING CODE 6353-01-P Designated Source of Supply: Virginia Title of Collection: FERPA and PPRA Industries for the Blind, Charlottesville, E-Complaint Forms. VA DEPARTMENT OF EDUCATION OMB Control Number: 1880-0544. Contracting Activity: DEPT OF DEFENSE, Type of Review: Reinstatement DOD/OFF OF SECRETARY OF DEF [Docket No.: ED-2026-SCC-0166] without change of a currently approved (EXC MIL DEPTS) ICR. Michael R. Jurkowski, Respondents/Affected Public: Individuals and Households. Director, Business Operations.

Total Estimated Number of Annual [FR Doc. 2026-07879 Filed 4-22-26; 8:45 am] Responses: 500. FERPA and PPRA E-Complaint Forms BILLING CODE 6353-01-P Total Estimated Number of Annual : Office of Management (OM), Burden Hours: 500. AGENCYDepartment of Education (ED). COMMITTEE FOR PURCHASE FROM Abstract: The Student Privacy Policy PEOPLE WHO ARE BLIND OR : Notice. Office (SPPO) reviews, investigates, and ACTIONSEVERELY DISABLED processes complaints of alleged

SUMMARY violations of Family Education Rights Procurement List; Proposed Additions and Privacy Act (FERPA) and Protection 1995, the Department is proposing a and Deletions of Pupil Rights Amendment (PPRA) reinstatement without change of a filed by parents and eligible students. : Committee for Purchase From AGENCYcurrently approved information SPPO's authority to investigate, review, People Who Are Blind or Severely collection request (ICR). and process complaints extends to Disabled. allegations of violations of FERPA by DATES: Proposed deletions from the ACTIONsubmit comments on or before May 26, any recipient of Unites States Procurement List. 2026. Department of Education (Department)

: The Committee is proposing funds under a program administered by SUMMARY ADDRESSES the Secretary (e.g., schools, school to delete product(s) from the recommendations for proposed

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on the combined number of absentee districts, postsecondary institutions, 3rd Street NW, Suite 200, Washington, ballots transmitted to absent uniformed state educational agencies, and other DC 20001. services voters and overseas voters for third parties that receive Department : the election and the combined number funds). Comments: Public comments are of such ballots which were returned by invited on: (a) Whether the proposed Ross Santy, such voters and cast in the election, and Chief Data Officer, Office of Planning, shall make such a report available to the Evaluation and Policy Development. general public.'' States that complete functions of the agency, including and timely submit the UOCAVA section [FR Doc. 2026-07868 Filed 4-22-26; 8:45 am] whether the information shall have of the survey to the EAC will fulfill their practical utility; (b) the accuracy of the BILLING CODE 4000-01-P UOCAVA reporting requirement under agency's estimate of the burden of the 52 U.S.C. 20302. In order to fulfill the proposed information collection; (c) ELECTION ASSISTANCE COMMISSION above requirements, the EAC is seeking information relating to the period from the Federal general election day 2024 +1 collected; and (d) ways to minimize the Activities: 2026 Election through the November 2026 Federal burden of the information collection on Administration and Voting Survey general election. The EAC will provide respondents, including through the use the data regarding UOCAVA voting to : Election Assistance of automated collection techniques or AGENCYFVAP after data collection is completed. This data sharing reduces the burden on Title and OMB Number: 2026 Election : 30-Day notice and request for ACTIONlocal election offices because FVAP Administration and Voting Survey; comments. does not have to conduct its own data OMB Number Pending. collection to meet its reporting SUMMARYNeeds and Uses: The EAC issues the Paperwork Reduction Act of 1995, the EAVS to meet its obligations under the Election Assistance Commission (EAC) Affected Public (Respondents): State Help America Vote Act of 2002 (HAVA) announces an information collection or local governments, the District of to serve as a national clearinghouse and and seeks public comment on the Columbia, American Samoa, Guam, the resource for the compilation of provisions thereof. The EAC intends to Northern Mariana Islands, Puerto Rico, information with respect to the submit this proposed information and the U.S. Virgin Islands. administration of Federal elections; to collection (2026 Election Number of Respondents: 56. fulfill both the EAC and the Department Responses per Respondent: 1. Administration and Voting Survey, or of Defense Federal Voting Assistance Estimated Burden per Response: 83 EAVS) to the Director of the Office of Program's (FVAP) data collection hours per collection, 41.5 hours Management and Budget for approval. requirements under the Uniformed and annualized. The 2026 EAVS asks election officials Overseas Citizens Absentee Voting Act Estimated Total Annual Burden questions concerning voting and (UOCAVA); and meet its National Voter Hours: 4,648 hours per collection, 2,324 election administration, including the Registration Act (NVRA) mandate to hours annualized. following topics: voter registration; collect information from states Frequency: Biennially. overseas and military voting; voting by concerning the impact of that statute on mail; early in-person voting; polling the administration of Federal elections. Seton Parsons operations; provisional voting; voter In addition, under the NVRA, the EAC Associate Counsel, U.S. Election Assistance participation; election technology; is responsible for collecting information election policy; and other related issues. and reporting, biennially, to Congress [FR Doc. 2026-07930 Filed 4-22-26; 8:45 am] on the impact of that statute. The DATESsubmitted on or before May 25, 2026. BILLING CODE 4810-71-P information the states are required to : Comments on the proposed submit to the EAC for purposes of the ADDRESSESNVRA report is found under Title 11 of

the Code of Federal Regulations. States [Docket No. 12-101-LNG] that respond to questions in this survey concerning voter registration-related Gulf LNG Liquefaction Company, LLC; information collection request by matters will meet their NVRA reporting Request for Extension of Export selecting ''Office of Personnel requirements under 52 U.S.C. 20508 and Commencement Deadline Management'' under ''Currently Under EAC regulations. Finally, UOCAVA Review,'' then check ''Only Show ICR mandates that FVAP work with the EAC : Hydrocarbons and Geothermal AGENCYfor Public Comment'' checkbox. and chief state election officials to Energy Office, Department of Energy. Obtaining a Copy of the Survey: To develop standards for reporting : Notice of request. ACTIONobtain a free copy of the draft survey UOCAVA voting information (52 U.S.C. instrument: To obtain a free copy of the : The Hydrocarbons and 20302) and that FVAP will store the SUMMARYdraft survey instrument: (1) Download a reported data and present the findings Geothermal Energy Office (HGEO) of the copy at https://www.regulations.gov within the congressionally-mandated Department of Energy (DOE) gives (docket ID: EAC-2026-0166); or (2) send report to the President and Congress. notice (Notice) of receipt of a request an email to research@eac.gov, Subject: Additionally, UOCAVA requires that (Request), filed on March 31, 2026, by 2026 EAVS. ''not later than 90 days after the date of Gulf LNG Liquefaction Company, LLC

: For each regularly scheduled general (GLLC). GLLC asks DOE to amend its election for Federal office, each state specific questions related to this existing authorization to export and unit of local government which information collection activities, please domestically produced liquefied natural administered the election shall (through contact Raymond Williams at 202-924- gas (LNG) to non-free trade agreement the state, in the case of a unit of local 0794, or email research@eac.gov; U.S. countries set forth in DOE/FE Order No. government) submit a report to the EAC Election Assistance Commission, 633 4410 (as amended)--specifically, to

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extend its current export located at the Gulf LNG Terminal in files/2026-04/Gulf%20 Jackson County, Mississippi, near the commencement deadline. GLLC filed LNG%20Request%20for%20Ext.%20 city of Pascagoula, to any country with the Request under the Natural Gas Act of%20Commencement which the United States has not entered (NGA). %20Deadline%20%2812-101- into a free trade agreement (FTA) LNG%29.pdf. : Protests, motions to intervene, or DATES requiring national treatment for trade in notices of intervention, as applicable, DOE Evaluation natural gas, and with which trade is not and written comments are to be filed In reviewing the Request, DOE will prohibited by U.S. law or policy (non- electronically as detailed in the Public consider any issues required by law or FTA countries), pursuant to NGA Comment Procedures section no later policy under NGA section 3(a), DOE's section 3(a). GLLC is authorized to than 4:30 p.m., Eastern time, May 26, 4 regulations, and any other documents export this LNG in a volume equivalent 2026. deemed appropriate. to 558.9 billion cubic feet (Bcf) per year : Parties that may oppose the Request ADDRESSES (Bcf/yr) of natural gas for a term Electronic Filing by email (Strongly should address these issues and extending through December 31, 2050. 5encouraged): fergas@hq.doe.gov. documents in their comments and/or Under Order No. 4410, GLLC is Postal Mail, Hand Delivery, or Private protests, as well as other issues deemed required to ''commence export Delivery Services (e.g., FedEx, UPS, relevant to the Request. operations using the planned etc.): The National Environmental Policy liquefaction facility no later than seven U.S. Department of Energy (EX-34) Act (NEPA), 42 U.S.C. 4321 et seq., years from the date of issuance of this Office of Global Energy Security, requires DOE to give appropriate Order''--i.e., by July 31, 2026. In the 6Hydrocarbons and Geothermal Energy consideration to the environmental Request, GLLC asks DOE to extend this Office, Forrestal Building, Room 3E- effects of its proposed decisions. No export commencement deadline by five 056, 1000 Independence Avenue SW, final decision will be issued in this years, to July 31, 2031. 7Washington, DC 20585. proceeding until DOE has met its NEPA In support of this Request, GLLC Due to potential delays in DOE's responsibilities. states that, in the period since the receipt and processing of mail sent issuance of Order No. 4410, GLLC has Public Comment Procedures through the U.S. Postal Service, we been attempting to enter into In response to this Notice, any person encourage respondents to submit filings commercial agreements for the export of may file a protest, comments, or a electronically to ensure timely receipt. LNG from the Gulf LNG Liquefaction motion to intervene or notice of : Project and to proceed with the intervention, as applicable, addressing Jennifer Wade or Peri Ulrey, U.S. construction and operation of the the Request. Interested parties will be Department of Energy (EX-31) Office terminal facilities to support its provided 30 days from the date of of Global Energy Security, Office of authorized export activities. GLLC states publication of this Notice in the Federal Strategic ResourcesHydrocarbons and that ''those good faith efforts have been Register in which to submit comments, Geothermal Energy Office, Forrestal frustrated by events outside of GLLC's protests, motions to intervene, or Building, Room 3E-042, 1000 control,'' but that, notwithstanding notices of intervention. The public Independence Avenue SW, these challenges, GLLC has been previously was given an opportunity to Washington, DC 20585, (202) 586- actively developing the project. 8 intervene in, protest, and comment on Additionally, GLLC states that, on 4749 or (202) 586-7893, GLLC's long-term non-FTA application May 23, 2024, the Federal Energy jennifer.wade@hq.doe.gov or in this docket. Therefore, DOE will not Regulatory Commission (FERC) granted peri.ulrey@hq.doe.gov consider comments or protests that do GLLC's request for an extension of its Cassandra Bernstein, U.S. Department of not bear directly on this Request. existing construction and in-service Energy (GC-76) Office of the Assistant Any person wishing to become a party deadline for the Project until July 16, General Counsel for Energy Delivery to this proceeding evaluating the GLLC' 2029. GLLC states that the requested and Resilience, Forrestal Building, 9 Request must file a motion to intervene commencement extension until July 31, Room 6D-033, 1000 Independence or notice of intervention. The filing of 2031, will provide GLLC with Avenue SW, Washington, DC 10 comments or a protest with respect to additional time after FERC's current 20585,(240) 780-1691, the Request will not serve to make the construction and in-service deadline to cassandra.bernstein@hq.doe.gov commenter or protestant a party to this execute commercial contracts and begin : On July proceeding, although protests and exports. 31, 2019, in DOE/FE Order No. 4410, as comments received from persons who Additional details can be found in the amended, DOE's Office of Fossil 1 are not parties will be considered in Request, posted on the DOE website at Energy (now known as the determining the appropriate action to be https://www.energy.gov/sites/default/ Hydrocarbons and Geothermal Energy taken on the Request. All protests, Office) authorized GLLC to export 2 comments, motions to intervene, or domestically produced LNG by vessel The Gulf LNG Terminal is an existing import 3 notices of intervention must meet the terminal owned by GLLC's affiliate, Gulf LNG from the proposed Gulf LNG requirements specified by DOE's Energy, LLC. See Gulf LNG Liquefaction Co., LLC, Liquefaction Project (Project), to be DOE/FE Order No. 4410, at 1. regulations in 10 CFR part 590, 15 U.S.C. 717b(a). including the service requirements. 4 See DOE/FE Order No. 4410-A, at 10-11 Filings may be submitted using one of Gulf LNG Liquefaction Co., LLC, DOE/FE Order 51 (Ordering Para. C). No. 4410, Docket No. 12-101-LNG, Opinion and the following methods: DOE/FE Order No. 4410, at 66 (Ordering Para. Order Granting Long-Term Authorization to Export 6 D). Liquefied Natural Gas to Non-Free Trade Agreement See Gulf LNG Liquefaction Company, LLC, Nations (July 31, 2019), amended by DOE/FE Order Status as an intervenor in prior proceeding(s) 7 10 Request for Extension of Commencement Deadline, No. 4410-A (Jan. 12, 2021) (extending export term). in this docket does not continue to this proceeding Docket No. 12-101-LNG, at 1, 2, 3, 6 (Mar. 31, The Office of Fossil Energy (FE) changed its evaluating the GLLC's Request, and therefore any 2 2026) [hereinafter Request]. name to FECM on July 4, 2021. Subsequently, on person interested in intervening to address the Id. at 4. November 20, 2025, FECM changed its name to Request must file a new motion to intervene (or 8HGEO. DOE uses the acronym in effect at the time Id. at 2 (citing Gulf LNG Liquefaction Company, notice of intervention, as applicable). 10 CFR 9of each order or action discussed herein. LLC, et al, 187 FERC ¶ 61,096 (2024)). 590.303.

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(1) Submitting the filing electronically Docket Numbers: EG26-218-000. Docket Numbers: ER26-2248-000. at fergas@hq.doe.gov; Applicants: Framingham BESS LLC. Applicants: California Independent (2) Mailing the filing to the Office of Description: Framingham BESS LLC System Operator Corporation. Global Energy Security at the address Description: § submits Notice of Self-Certification of 205(d) Rate Filing: listed in the section; or Exempt Wholesale Generator Status. 2026-04-17 EDAM Addendum-- ADDRESSES(3) Hand delivering the filing to the Powerex to be effective 5/1/2026. Office of Global Energy Security at the Accession Number: 20260417-5283. address listed in the section. Comment Date: 5 p.m. ET 5/8/26. Accession Number: 20260417-5221. ADDRESSESFor administrative efficiency, DOE Comment Date: 5 p.m. ET 5/8/26. Take notice that the Commission prefers filings to be filed electronically. received the following electric rate Docket Numbers: ER26-2249-000. All filings must include a reference to Applicants: Southwest Power Pool, filings: ''Docket No. 12-101-LNG'' or ''GLLC's Inc. Docket Numbers: ER26-1523-001. Request for Extension'' in the title line. Description: § 205(d) Rate Filing: Applicants: Atlas Solar V, LLC. Filings must be submitted in English to Revisions Regarding the Peak Demand Description: Tariff Amendment: be considered. 11 Assessment and Demand Response to be Amended and Restated CTV to be For electronic submissions: Please effective 1/1/2027. effective 2/27/2026. include all related documents and Filed Date: 4/20/26. attachments (e.g., exhibits) in the Accession Number: 20260417-5228. Accession Number: 20260420-5001. original email correspondence. Please Comment Date: 5 p.m. ET 5/8/26. Comment Date: 5 p.m. ET 4/27/26. do not include any active hyperlinks or Docket Numbers: ER26-2250-000. Docket Numbers: ER26-1524-002. password protection in any of the Applicants: Interstate Power and Applicants: Atlas Solar V, LLC. documents or attachments related to the Light Company. Description: Tariff Amendment: Atlas filing. All electronic filings submitted to Description: § 205(d) Rate Filing: Rock Solar V Amended SFA to be effective 2/ DOE must follow these guidelines to Creek LBA to be effective 6/16/2026. 27/2026. ensure that all documents are filed in a Filed Date: 4/20/26. timely manner. Accession Number: 20260417-5236. Accession Number: 20260420-5000. The Request, and any filed protests, Comment Date: 5 p.m. ET 5/8/26. Comment Date: 5 p.m. ET 4/27/26. motions to intervene, notices of

Docket Numbers: ER26-2251-000. intervention, and comments will be Docket Numbers: ER26-1524-003. Applicants: Florida Power & Light available electronically on the DOE Applicants: Atlas Solar V, LLC. Company. website at www.energy.gov/hgeo/ Description: Tariff Amendment: Description: § 205(d) Rate Filing: Amended and Restated SFA to be A decisional record on the Request Tenth Amendment to FERC Rate effective 2/27/2026. will be developed through responses to Schedule No. 317 to be effective 9/1/ Filed Date: 4/20/26. this Notice by parties, including the 2021. Accession Number: 20260420-5002. parties' written comments and replies Comment Date: 5 p.m. ET 4/27/26. thereto. Additional procedures will be Accession Number: 20260417-5239. Docket Numbers: ER26-1528-001. used as necessary to achieve a complete Comment Date: 5 p.m. ET 5/8/26. Applicants: Atlas Solar VI, LLC. understanding of the facts and issues. If Docket Numbers: ER26-2253-000. Description: Tariff Amendment: an additional procedure is scheduled, Applicants: American Transmission Amended and Restated CTV to be notice will be provided to all parties. If Systems, Incorporated. effective 2/28/2026. no party requests additional procedures, Description: § 205(d) Rate Filing: Filed Date: 4/20/26. a final Order may be issued based on the ATSI submits two new Construction Accession Number: 20260420-5004. official record, including the Request Agmts--SA Nos. 7209 & 7785 to be Comment Date: 5 p.m. ET 4/27/26. and responses filed by parties pursuant effective 6/20/2026. Docket Numbers: ER26-1529-002. to this Notice, in accordance with 10 Filed Date: 4/20/26. Applicants: Atlas Solar VI, LLC. CFR 590.316. Accession Number: 20260420-5033. Description: Tariff Amendment: Comment Date: 5 p.m. ET 5/11/26. Signed in Washington, DC, on April 21, Amended and Restated AFA to be 2026. Docket Numbers: ER26-2254-000. effective 2/28/2026. Amy Sweeney, Applicants: PacifiCorp. Filed Date: 4/20/26. Description: Tariff Amendment: Accession Number: 20260420-5006. Director, Office of Global Energy Security, Termination of Ochoco Irrigation Office of Strategic Resources. Comment Date: 5 p.m. ET 4/27/26. District Construction Agreement (RS No. Docket Numbers: ER26-2033-001. [FR Doc. 2026-07980 Filed 4-22-26; 8:45 am] 784) to be effective 6/20/2026. Applicants: Atlas Solar V, LLC. BILLING CODE 6450-01-P Filed Date: 4/20/26. Description: Tariff Amendment: Accession Number: 20260420-5054. Amended and Restated CTA to be Comment Date: 5 p.m. ET 5/11/26. effective 4/4/2026.

Filed Date: 4/20/26. Docket Numbers: ER26-2255-000. Applicants: Midcontinent Accession Number: 20260420-5003. Comment Date: 5 p.m. ET 4/27/26. Independent System Operator, Inc.

Description: § 205(d) Rate Filing: Combined Notice of Filings #2 Docket Numbers: ER26-2034-001. 2026-04-20_SA 4743 METC-Freshwater Applicants: Atlas Solar VI, LLC. Take notice that the Commission Storage GIA (S1069) to be effective 4/13/ Description: Tariff Amendment: received the following exempt 2026. Amended and Restated CTA to be wholesale generator filings: Filed Date: 4/20/26. effective 4/4/2026. Accession Number: 20260420-5078. Filed Date: 4/20/26. Comment Date: 5 p.m. ET 5/11/26. Executive Order 14224 of March 1, 2025, Accession Number: 20260420-5005. 11Designating English as the Official Language of the Comment Date: 5 p.m. ET 4/27/26. Docket Numbers: ER26-2256-000. United States, 90 FR 11363 (Mar. 6, 2025).

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eFiling is encouraged. More detailed Applicants: NorthWestern Description: Compliance filing: PJM information relating to filing Corporation. Entities Report to be effective N/A. requirements, interventions, protests, Description: § 205(d) Rate Filing: SA service, and qualifying facilities filings 901 Second Revised--WAPA-Malstrom Accession Number: 20260417-5230. NITSANOA to be effective 5/1/2026. can be found at: http://www.ferc.gov/ Comment Date: 5 p.m. ET 5/8/26. docs-filing/efiling/filing-req.pdf. For Filed Date: 4/20/26. Docket Numbers: ER26-297-002. other information, call (866) 208-3676 Accession Number: 20260420-5116. Applicants: Midcontinent (toll free). For TTY, call (202) 502-8659. Comment Date: 5 p.m. ET 5/11/26. Independent System Operator, Inc. Docket Numbers: ER26-2257-000. Description: Tariff Amendment: Applicants: Chicopee Energy BESS 2026-04-20SA 4579 OTP-DISIS- LLC. 2017-001 MPFCA 2nd Sub Orig to be Description: § 205(d) Rate Filing: effective 4/14/2026. Participation at (202) 502-6595 or OPP@Chicopee Energy BESS, LLC MBR Tariff Filed Date: 4/20/26. ferc.gov. to be effective 6/5/2026. Accession Number: 20260420-5061. Filed Date: 4/20/26. Comment Date: 5 p.m. ET 5/11/26. Accession Number: 20260420-5133. Carlos D. Clay, Docket Numbers: ER26-1923-000; Comment Date: 5 p.m. ET 5/11/26. Deputy Secretary. ER26-1924-000; ER26-1925-000; Docket Numbers: ER26-2258-000. ER26-1926-000. [FR Doc. 2026-07914 Filed 4-22-26; 8:45 am] Applicants: Framingham BESS LLC. Applicants: Piney River VA BESS 1 Description: § 205(d) Rate Filing: LLC, Meadow Creek VA BESS 1 LLC, Framingham BESS, LLC MBR Tariff to Colleen VA BESS 1 LLC, Salem VA be effective 6/5/2026. BESS 1 LLC. Filed Date: 4/20/26. Description: Salem VA BESS 1 LLC, Accession Number: 20260420-5136. Colleen VA BESS 1 LLC, Meadow Creek Comment Date: 5 p.m. ET 5/11/26. VA BESS 1 LLC, and Piney River VA Docket Numbers: ER26-2259-000. Combined Notice of Filings #1 BESS 1 LLC submit Supplement to its Applicants: Alabama Power 03/26/2026 Application for Order. Take notice that the Commission Company, Georgia Power Company, Filed Date: 3/26/26. received the following exempt Mississippi Power Company. Accession Number: 20260326-5250. wholesale generator filings: Description: Tariff Amendment: Comment Date: 5 p.m. ET 4/30/26. Alabama Power Company submits tariff Docket Numbers: EG26-217-000. The filings are accessible in the filing per 35.15: Double Run Solar Applicants: Chicopee Energy BESS Commission's eLibrary system (https://Amended and Restated LGIA LLC. elibrary.ferc.gov/idmws/search/ Termination Filing to be effective 4/20/ Description: Chicopee Energy BESS fercgensearch.asp) by querying the 2026. LLC submits Notice of Self-Certification docket number. Filed Date: 4/20/26. of Exempt Wholesale Generator Status. Any person desiring to intervene, to Accession Number: 20260420-5177. protest, or to answer a complaint in any Comment Date: 5 p.m. ET 5/11/26. Accession Number: 20260417-5250. of the above proceedings must file in Comment Date: 5 p.m. ET 5/8/26. Docket Numbers: ER26-2260-000. accordance with Rules 211, 214, or 206 Applicants: Alabama Power Take notice that the Commission of the Commission's Regulations (18 Company, Georgia Power Company, received the following electric rate CFR 385.211, 385.214, or 385.206) on or Mississippi Power Company. filings: before 5:00 p.m. Eastern time on the Description: Tariff Amendment: Docket Numbers: ER19-266-005. specified comment date. Protests may be Alabama Power Company submits tariff Applicants: Invenergy Nelson LLC. considered, but intervention is filing per 35.15: Magnolia Energy Park necessary to become a party to the Description: Compliance filing: PJM LGIA Termination Filing to be effective proceeding. Entities Report to be effective N/A. 4/20/2026. eFiling is encouraged. More detailed Filed Date: 4/20/26. information relating to filing Accession Number: 20260417-5232. Accession Number: 20260420-5180. requirements, interventions, protests, Comment Date: 5 p.m. ET 5/8/26. Comment Date: 5 p.m. ET 5/11/26. service, and qualifying facilities filings Docket Numbers: ER23-2040-005. The filings are accessible in the can be found at: http://www.ferc.gov/ Applicants: New York Independent Commission's eLibrary system (https:// docs-filing/efiling/filing-req.pdf. For System Operator, Inc. elibrary.ferc.gov/idmws/search/ other information, call (866) 208-3676 Description: The New York fercgensearch.asp) by querying the (toll free). For TTY, call (202) 502-8659. Independent System Operator, Inc. docket number. submits an informational filing in Any person desiring to intervene, to response to the Federal Energy protest, or to answer a complaint in any Regulatory Commission's directive of the above proceedings must file in requiring such filing in its 04/16/2024, accordance with Rules 211, 214, or 206 Participation at (202) 502-6595 or OPP@Order Accepting Tariff Revisions. of the Commission's Regulations (18 ferc.gov. Filed Date: 4/15/26. CFR 385.211, 385.214, or 385.206) on or Accession Number: 20260415-5239. before 5:00 p.m. Eastern time on the Comment Date: 5 p.m. ET 5/6/26. Carlos D. Clay, specified comment date. Protests may be

Docket Numbers: ER24-2166-004. considered, but intervention is Deputy Secretary. necessary to become a party to the Applicants: Invenergy Nelson [FR Doc. 2026-07913 Filed 4-22-26; 8:45 am] proceeding. Expansion LLC.

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The full text of this document is 385.2001 of the Commission's available on eLibrary in PDF and regulations. A protest may also serve as Microsoft Word format for viewing, a motion to intervene so long as the printing, and/or downloading. To access protestor states it also seeks to be an this document in eLibrary, type the intervenor. [Docket No. CP03-75-000] docket number excluding the last three To ensure that your comments or digits of this document in the docket Freeport LNG Development, L.P.; protests are timely and properly number field. Notice of Motion To Vacate Certificate recorded, please submit your comments User assistance is available for in Part on or before 5:00 p.m. Eastern Time on eLibrary and the Commission's website May 11, 2026. Take notice that on April 6, 2026, during normal business hours from There are three methods you can use Freeport LNG Development, L.P. FERC Online Support at (202) 502-6652 to submit your comments or protests to (Freeport LNG), 333 Clay Street, Suite (toll free at 1-866-208-3676) or email at the Commission. In all instances, please 5050, Houston, Texas 77002, filed in the ferconlinesupport@ferc.gov, or the reference the Project docket number above-referenced docket a motion to Public Reference Room at (202) 502- CP03-75-000 in your submission. partially vacate certain authorizations 8371, TTY (202) 502-8659. Email the (1) You may file your comments granted by the Commission on June 18, Public Reference Room at electronically by using the eComment 2004, and further amended in 2005 and public.referenceroom@ferc.gov. feature, which is located on the 2009.In the Certificate Order, the 1Any questions regarding the Commission's website at www.ferc.gov Commission granted Freeport LNG application should be directed to under the link to Documents and authorization to construct, own, and Michael Stephenson, Freeport LNG Filings. Using eComment is an easy operate a liquefied natural gas (LNG) Development, L.P., 333 Clay Street, method for interested persons to submit import terminal located on Quintana Suite 5050, Houston, Texas 77002, by brief, text-only comments on a project; Island in Brazoria County, Texas. The phone at (713) 980-2888, or by email at proposal involves the decommissioning, (2) You may file your comments or mstephenson@FreeportLNG.com. disconnection, and removal of certain protests electronically by using the regasification facilities that are no Public Participation eFiling feature, which is located on the longer in use. Commission's website (www.ferc.gov) There are three ways to become In its motion, Freeport LNG states that under the link to Documents and involved in the Commission's review of it has operated the terminal exclusively Filings. With eFiling, you can provide Overthrust's request: you can file for liquefaction and export purposes for comments in a variety of formats by comments on the application, you can more than a decade, and that it no attaching them as a file with your protest the filing, and you can file a longer utilizes certain regasification submission. New eFiling users must motion to intervene in the proceeding. facilities authorized in the Certificate first create an account by clicking on There is no fee or cost for filing Order. Freeport LNG states that it has ''eRegister.'' You will be asked to select comments or intervening. The deadline constructed and continues to operate the type of filing you are making; first for filing a motion to intervene is 5:00 the remaining facilities but seeks to select ''General'' and then select p.m. Eastern Time on May 11, 2026. remove the obsolete regasification ''Comment on a Filing''; or How to file protests, motions to facilities. Freeport LNG explains that (3) You can file a paper copy of your intervene, and comments is explained these facilities are not necessary to comments or protests by mailing them below. support current operations but will to the following address below. Your continue to support the terminal's safe written comments must reference the and efficient operation through their Project docket number (CP03-75-000). removal. Freeport LNG explains that To file via USPS: Debbie-Anne A. removal of these facilities will enhance Reese, Secretary, Federal Energy Participation (OPP) at (202) 502-6595 or safety and operational efficiency by Regulatory Commission, 888 First Street OPP@ferc.gov. reducing maintenance of non- NE, Washington, DC 20426. operational assets and allowing Comments To file via any other courier: Debbie- personnel to focus on active systems. Any person wishing to comment on Anne A. Reese, Secretary, Federal Therefore, Freeport LNG requests that the application may do so. Comments Energy Regulatory Commission, 12225 the Commission terminate the portion of may include statements of support or Wilkins Avenue, Rockville, Maryland the authorization for the project that objections, to the application as a whole 20852. authorizes the regasification facilities. or specific aspects of the application. The Commission encourages In addition to publishing the full text The more specific your comments, the electronic filing of comments (options 1 of this document in the Federal more useful they will be. and 2 above) and has eFiling staff Register, the Commission provides all available to assist you at (202) 502-8258 interested persons an opportunity to Protests or FercOnlineSupport@ferc.gov. view and/or print the contents of this Pursuant to sections 157.10(a)(4) and The Commission considers all 2document via the internet through the 385.211 of the Commission's comments received about the project in 3Commission's Home Page (http://regulations under the NGA, any person determining the appropriate action to be 4www.ferc.gov). From the Commission's may file a protest to the application. taken. However, the filing of a comment Home Page on the internet, this Protests must comply with the alone will not serve to make the filer a information is available on eLibrary. requirements specified in section party to the proceeding. To become a party, you must intervene in the Freeport LNG Development, L.P., 107 FERC 1 proceeding. For instructions on how to 18 CFR 157.10(a)(4). ¶ 61,278 (2004), granting reh'g and clarification, 2 intervene, see below. 18 CFR 385.211. 108 FERC ¶ 61,253 (2004); amended, Freeport LNG 3Development, L.P., 112 FERC ¶ 61,194 (2005); Persons include individuals, organizations, 4businesses, municipalities, and other entities. 18 further amended, Freeport LNG Development, L.P., 127 FERC ¶ 61,105 (2009) (Certificate Order). CFR 385.102(d). 18 CFR § 385.2001. 5

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Energy Regulatory Commission, 12225 documents. For more information and to Interventions Wilkins Avenue, Rockville, Maryland register, go to www.ferc.gov/docs-filing/ Any person, which includes 20852. esubscription.asp. individuals, organizations, businesses, The Commission encourages Intervention Deadline: 5:00 p.m. municipalities, and other entities,has 6electronic filing of motions to intervene Eastern Time on May 11, 2026. the option to file a motion to intervene (option 1 above) and has eFiling staff in this proceeding. Only intervenors (Authority: 18 CFR 2.1) available to assist you at (202) 502-8258 have the right to request rehearing of or FercOnlineSupport@ferc.gov. Commission orders issued in this Debbie-Anne A. Reese, Protests and motions to intervene proceeding and to subsequently must be served on the applicant either challenge the Commission's orders in by mail at: Michael Stephenson, the U.S. Circuit Courts of Appeal. [FR Doc. 2026-07908 Filed 4-22-26; 8:45 am] Freeport LNG Development, L.P., 333 To intervene, you must submit a Clay Street, Suite 5050, Houston, Texas motion to intervene to the Commission 77002, or by email (with a link to the in accordance with Rule 214 of the document) at mstephenson@

FreeportLNG.com. Any subsequent Procedureand the regulations under 7submissions by an intervenor must be the NGAby the intervention deadline 8served on the applicant and all other for the project, which is 5:00 p.m. parties to the proceeding. Contact Eastern Time on May 11, 2026. As Combined Notice of Filings information for parties can be described further in Rule 214, your downloaded from the service list at the motion to intervene must state, to the Take notice that the Commission has eService link on FERC Online. Service extent known, your position regarding received the following Natural Gas can be via email with a link to the the proceeding, as well as your interest Pipeline Rate and Refund Report filings document. in the proceeding. For an individual, and Accounting Request filings: All timely, unopposed motions to this could include your status as a 9 Filings Instituting Proceedings intervene are automatically granted by landowner, ratepayer, resident of an impacted community, or recreationist. operation of Rule 214(c)(1). Motions to Docket Numbers: AC26-55-000. 10You do not need to have property intervene that are filed after the Applicants: Eastern Gas Transmission directly impacted by the project in order intervention deadline are untimely, and and Storage, Inc. to intervene. For more information may be denied. Any late-filed motion to Description: Eastern Gas Transmission about motions to intervene, refer to the intervene must show good cause for and Storage, Inc. submits proposed FERC website at https://www.ferc.gov/ being late and must explain why the journal entries requesting to use resources/guides/how-to/intervene.asp. time limitation should be waived and Account 182.2 re cancelled projects at There are two ways to submit your provide justification by reference to Boom, Bridgeport, and Sweeney motion to intervene. In both instances, factors set forth in Rule 214(d) of the compressor stations. please reference the Project docket Commission's Rules and Regulations. Filed Date: 4/16/26. 11number CP03-75-000 in your A person obtaining party status will be Accession Number: 20260416-5077. placed on the service list maintained by Comment Date: 5 p.m. ET 5/7/26. (1) You may file your motion to the Secretary of the Commission and Docket Numbers: RP26-764-000. intervene by using the Commission's will receive copies (paper or electronic) Applicants: Gillis Hub Pipeline, LLC. eFiling feature, which is located on the of all documents filed by the applicant Description: § 4(d) Rate Filing: Filing Commission's website (www.ferc.gov) and by all other parties. of Negotiated Rate, Conforming IW under the link to Documents and Tracking the Proceeding Agreement 4.17.2026 to be effective 4/ Filings. New eFiling users must first 20/2026. create an account by clicking on Throughout the proceeding, ''eRegister.'' You will be asked to select additional information about the project Accession Number: 20260417-5151. the type of filing you are making; first will be available from OPP at (202) 502- Comment Date: 5 p.m. ET 4/29/26. select ''General'' and then select 6595 or on the FERC website at ''Intervention.'' The eFiling feature Docket Numbers: RP26-765-000. www.ferc.gov using the ''eLibrary'' link includes a document-less intervention Applicants: Centra Pipelines as described above. The eLibrary link option; for more information, visit Minnesota Inc. also provides access to the texts of all https://www.ferc.gov/docs-filing/efiling/ Description: § 4(d) Rate Filing: formal documents issued by the document-less-intervention.pdf.; or Updated Index of Shippers April 2026 Commission, such as orders, notices, (2) You can file a paper copy of your to be effective 6/1/2026. and rulemakings. motion to intervene, along with three In addition, the Commission offers a copies, by mailing the documents to the free service called eSubscription which Accession Number: 20260417-5153. address below. Your motion to allows you to keep track of all formal Comment Date: 5 p.m. ET 4/29/26. intervene must reference the Project issuances and submittals in specific Any person desiring to intervene, to docket number CP03-75-000. dockets. This can reduce the amount of protest, or to answer a complaint in any To file via USPS: Debbie-Anne A. time you spend researching proceedings of the above proceedings must file in Reese, Secretary, Federal Energy by automatically providing you with accordance with Rules 211, 214, or 206 Regulatory Commission, 888 First Street notification of these filings, document of the Commission's Regulations (18 NE, Washington, DC 20426. summaries, and direct links to the CFR 385.211, 385.214, or 385.206) on or To file via any other courier: Debbie- before 5:00 p.m. Eastern time on the Anne A. Reese, Secretary, Federal specified comment date. Protests may be The applicant has 15 days from the submittal of 9a motion to intervene to file a written objection to considered, but intervention is 18 CFR 385.102(d). the intervention. 6 necessary to become a party to the 18 CFR 385.214. 18 CFR 385.214(c)(1). 710 proceeding. 18 CFR 157.10. 18 CFR 385.214(b)(3) and (d). 811

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duties must be authorized for access to The filings are accessible in the TSCA CBI through a multi-step process. Commission's eLibrary system (https:// The TSCA CBI Protection Manual (EPA elibrary.ferc.gov/idmws/search/ Publication 7700 A2, revised October fercgensearch.asp) by querying the

1. provides Federal and contractor docket number. employees with guidelines and eFiling is encouraged. More detailed operating procedures for handling TSCA information relating to filing CBI while performing their official requirements, interventions, protests, duties, as well as the procedures to service, and qualifying facilities filings obtain authorization for access to TSCA can be found at: http://www.ferc.gov/ CBI. docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 Specifically, for purposes of this (toll free). For TTY, call (202) 502-8659. information collection, contractor personnel must submit to EPA the EPA form titled ''TSCA CBI Access Request, Agreement, and Approval'' (EPA Form 7740-6). The Office of Pollution Participation at (202) 502-6595 or OPP@Prevention and Toxics (OPPT), uses ferc.gov. EPA Form 7740-6 to collect information about contractor personnel so that the Agency can evaluate their suitability for Carlos D. Clay, access to TSCA CBI. EPA stores the Deputy Secretary. information on the OPPT Chemical function. [FR Doc. 2026-07915 Filed 4-22-26; 8:45 am] Information System (CIS).

: The ICR, which is available in the Katherine Sleasman, Office of Program docket along with other related Support (Mail Code 7602M), Office of materials, provides a detailed explanation of the collection activities AGENCY and the burden estimate that is only briefly summarized here: [EPA-HQ-OPPT-2017-0318; FRL-13346- 01-OMS] Form Numbers: 7740-6. number: (202) 566-1204; email address:

sleasman.katherine@epa.gov.

North American Industrial Classification System (NAICS) codes 514 Information Services and 561 Request for Contractor Access to Administrative and Support Services. TSCA Confidential Business

information (CBI)

Mandatory, per TSCA section 14 (15 AGENCYU.S.C. 2613).

Estimated number of respondents: : Notice. ACTION288 (total). June 25, 2025 during a 60-day comment SUMMARYperiod (90 FR 27016). This notice allows Total estimated burden: 461 hours Request for Contractor Access to TSCA Confidential Business Information (EPA Total estimated cost: $25,220 (per that the EPA will be collecting, are ICR Number 1250.13, OMB Control year), which includes $0 annualized Number 2070-0075) to the Office of costs.

Changes in the Estimates: There is an the Paperwork Reduction Act. This is a increase of 120 hours in the total estimated respondent burden compared with that identified in ICR currently 2026. Public comments were previously approved by OMB. This increase reflects public docket, visit http://www.epa.gov/ the increase in the number of June 25, 2025 during a 60-day comment dockets. contractors requesting CBI access from period. This notice allows for an Abstract: EPA procures contract 214 to 288. This change is an additional 30 days for public comments. support to facilitate the performance of adjustment. certain duties. EPA may require DATEScontractors to handle Toxic Substances Control Act (TSCA) Confidential ADDRESSESBusiness Information (CBI). Each Division. contractor employee who will use TSCA HQ-OPPT-2017-0318, to EPA online [FR Doc. 2026-07938 Filed 4-22-26; 8:45 am] CBI in the performance of his or her

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by those who wish voluntarily to submit ''For Your Information'' (FYI) notices by AGENCY registering and submitting information [EPA-HQ-OPPT-2015-0744; FRL-13345- electronically using the Agency's 01-OMS] Central Data Exchange (CDX). number: (202) 566-1204; email address: TSCA section 8(e) data on newly sleasman.katherine@epa.gov. discovered chemical hazards/risks are available via EPA's ChemView website (https://chemview.epa.gov/chemview).

Form Number: 9600-030. Notification of Substantial Risk of Injury to Health and the Environment Under TSCA Section 8(e) (Renewal) North American Industrial Classification System (NAICS) Codes AGENCY325--Chemicals and Allied Products : Notice. Manufacturers and 32411--Petroleum ACTIONand Coal Products Manufacturing. July 2, 2025 during a 60-day comment SUMMARYperiod (90 FR 29005). This notice allows Mandatory, as per 15 U.S.C. 2607(e).

Estimated number of respondents: 40 Notification of Substantial Risk of Injury (total). to Health and the Environment under that the EPA will be collecting, are TSCA Section 8(e) (EPA ICR Number Total estimated burden: 27,883 hours 0794.18, OMB Control Number 2070-

1. to the Office of Management and Budget (OMB) for review and approval Total estimated cost: $2,829,844 (per in accordance with the Paperwork year), which includes $138.75 Reduction Act. This is a proposed annualized capital or operation & extension of the ICR, which is currently maintenance costs. approved through April 30, 2026. Public Changes in the Estimates: There is an comments were previously requested increase in industry reporting burden of public docket, visit http://www.epa.gov/ via the Federal Register on July 2, 2025 10,248 hours in the total estimated dockets. during a 60-day comment period. This respondent burden compared with the Abstract: Section 8(e) of the Toxic notice allows for an additional 30 days ICR currently approved by OMB (from Substances Control Act (TSCA) states, for public comments. 17,635 to 27,883 hours). This reflects an ''any person who manufactures, overall increase in the number of DATES [imports] processes, or distributes in Section 8(e) submissions, which commerce a chemical substance or increased from 343 to 552. This change mixture and who obtains information ADDRESSES is an adjustment. which reasonably supports the HQ-OPPT-2015-0744, to EPA online conclusion that such substance or mixture presents a substantial risk of preferred method) or by mail to: EPA injury to health or the environment Division. shall immediately inform the [EPA] Protection Agency, Mail Code 2821T, [FR Doc. 2026-07936 Filed 4-22-26; 8:45 am] Administrator of such information unless such person has actual knowledge that the Administrator has been adequately informed of such information.'' (15 U.S.C. 2607(e)). AGENCY EPA receives and screens TSCA

[EPA-HQ-OLEM-2018-0081; FRL-13276- section 8(e) submissions covering a

01-OLEM] large number of chemical substances and mixtures on a wide range of chemical toxicity/exposure information. Activities; Proposed Information Although EPA's receipt of TSCA section Collection Request; Comment 8(e) information does not necessarily Request; Application for trigger immediate regulatory action Reimbursement to Local Governments under TSCA or other authorities for Emergency Response to Hazardous administered by EPA, all section 8(e) Substance Releases Under CERCLA submissions receive screening level Sec. 123 evaluations by EPA's Office of Pollution Prevention and Toxics (OPPT) to AGENCYidentify priorities for further Agency action and appropriate referrals to other : Notice. ACTIONprograms. function. EPA is offering an electronic reporting SUMMARY: option for use both by those who are Agency (EPA) is planning to submit an required to submit a notification of Katherine Sleasman, Office of Program substantial risk under section 8(e) and Support (Mail Code 7602M), Office of ''Application for Reimbursement to

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Local Governments for Emergency public docket, visit https:// costs. Response to Hazardous Substance www.epa.gov/dockets. Pursuant to section 3506(c)(2)(A) of Changes in the estimates: There is a Releases Under CERCLA Sec. 123'' (EPA the PRA, EPA is soliciting comments decrease in hours for the total estimated ICR Number 1425.14, OMB Control and information to enable it to: (i) respondent burden compared with the Number 2050-0077) to the Office of evaluate whether the proposed ICR currently approved by OMB. This is primarily due to a reduction in the number of respondents, as the average the Paperwork Reduction Act (PRA). functions of the Agency, including number of applications received per Before doing so, EPA is soliciting public whether the information will have year has decreased. The updated comments on specific aspects of the practical utility; (ii) evaluate the electronic form collects four new pieces proposed information collection as accuracy of the Agency's estimate of the of information (email under 1d and described below. This is a proposed burden of the proposed collection of additional dates and 'Other' definition extension of the ICR, which is currently information, including the validity of under 3b), but three pieces of approved through October 31, 2026. the methodology and assumptions used; information have been removed (time This document allows 60 days for (iii) enhance the quality, utility, and under 2a, time under 3a, and time under public comments. 3b). Thus, the overall burden for DATES collected; and (iv) minimize the burden completing the form increased from 8.5 or before June 22, 2026. of the collection of information on those hours to 8.75 hours. Even though the ADDRESSES who are to respond, including through hourly rate was increased by about $4 referencing Docket ID No. EPA-HQ- the use of appropriate forms of to account for inflation, and the OLEM-2018-0081, to EPA online using information technology. EPA will estimated time to complete a form https://www.regulations.gov (our consider the comments received and increased, the reduction in number of amend the ICR as appropriate. The final respondents and corresponding total ICR package will then be submitted to number of hours resulted in the overall OMB for review and approval. At that burden decreasing by $455.30. time, EPA will issue another Federal Washington, DC 20460. EPA's policy is Mark Barolo, Register document to announce the that all comments received will be Director, Office of Superfund and Emergency submission of the ICR to OMB and the included in the public docket without Management. opportunity to submit additional change including any personal comments to OMB. [FR Doc. 2026-07933 Filed 4-22-26; 8:45 am] information provided, unless the Abstract: The Agency requires comment includes profanity, threats, applicants for reimbursement under this program authorized under section 123 of CERCLA to submit an application AGENCY that demonstrates consistency with program eligibility requirements. This is [EPA-HQ-OPP-2021-0315; FRL-13347-01- : necessary to ensure proper use of the OMS] Superfund. EPA reviews the Miranda Magdangal, Response information to ensure compliance with Readiness and Development Division, all statutory and program requirements. Office of Superfund and Emergency The applicants are local governments Management, MC-5101-T, who have incurred expenses, above and Environmental Protection Agency, 1200 Submission of Protocols and Study beyond their budgets, for hazardous Pennsylvania Ave. NW, Washington, DC Reports for Environmental Research substance response. Submission of this 20460; telephone number: (240) 618- Involving Human Subjects (Renewal) information is voluntary and to the 0660; email address: applicant's benefit. magdangal.miranda@epa.gov. AGENCY The burden estimates, numbers and types of respondents, wage rates and : Notice. unit, and total costs for this ICR renewal ACTIONcurrently approved through October 31, will be revised and updated, if needed, SUMMARY during the 60-day comment period while the ICR Supporting statement is undergoing review at OMB. Submission of Protocols and Study Form numbers: 9310-1. Reports for Environmental Research This document allows 60 days for Involving Human Subjects (EPA ICR potentially affected by this action are public comments. Supporting Number 2195.07, OMB Control Number local governments that apply for documents, which explain in detail the 2070-0169), to the Office of reimbursement under this program. information that the EPA will be collecting, are available in the public Voluntary (CERCLA section 123). docket for this ICR. The docket can be the Paperwork Reduction Act. This is a Estimated number of respondents: 15. viewed online at https://

www.regulations.gov or in person at the Total estimated burden: 131.25 hours EPA Docket Center, WJC West, Room 2026. Public comments were previously 3334, 1301 Constitution Ave. NW,

Total estimated cost: $3,937.50 (per July 23, 2025 during a 60-day comment year), based on an estimated hourly rate period. This notice allows for an of $30.00/hour. There are no annualized additional 30 days for public comments.

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Total estimated costs: $742,361 (per Rodenticide Act (FIFRA) and the DATESyear), which includes $0 annualized Federal Food, Drug, and Cosmetic Act (FFDCA). Based on this regulation EPA ADDRESSEScosts. aims to assess the risks of exposure Changes in the Estimates: There is a based on studies that may occasionally HQ-OPP-2021-0315, to EPA online decrease of 2,039 hours in the total use humans. Specifically, the EPA estimated respondent burden compared regulations at 40 CFR 26 protect subjects with the ICR currently approved by of ''third-party'' human research (i.e., OMB. This change, which is discussed research that is not conducted or in more detail in the ICR, reflects the supported by the EPA) that may be decrease in anticipated number of submitted to EPA in support of respondent responses per year from 4 to pesticide product registration and/or 3 for the next three years. This change labeling or conducted to provide data is an adjustment. for generic exposure databases. In addition to other protections, the regulations require affected entities to submit information to EPA and an Division. institutional review board (IRB) prior to [FR Doc. 2026-07939 Filed 4-22-26; 8:45 am] initiating, and to the EPA upon the completion of, certain studies that involve human research participants. The information collection activity consists of activity-driven reporting and AGENCY recordkeeping requirements for those who intend to conduct research for [FRL-13298-01-OLEM] submission to EPA under the pesticide Forty-Ninth Update of the Federal laws. If such research involves Agency Hazardous Waste Compliance intentional exposure of human subjects, Docket these individuals (respondents) are function. required to submit study protocols to AGENCYthe EPA and an IRB before such : research is initiated so that the scientific Carolyn Siu, Office of Mission Critical : Notice. ACTIONdesign and ethical standards that will be Operations (Mail Code 7602M), Office of : Since 1988, the employed during the proposed study SUMMARYmay be reviewed and approved. Also, has maintained a Federal Agency respondents are required to submit Hazardous Waste Compliance Docket information about the ethical conduct of (''Docket'') under the Comprehensive completed research that involved number: 202-566-1205; email address: Environmental Response, human subjects when such research is siu.carolyn@epa.gov. Compensation, and Liability Act submitted to the EPA. As such, the (CERCLA). CERCLA requires EPA to purpose of this document is to estimate establish a Docket that contains certain the third-party response burden from information reported to EPA by Federal complying with the requirements in 40 facilities that manage hazardous waste CFR 26. or from which a reportable quantity of The ICR, which is available in the hazardous substances has been released. docket along with other related This document identifies the Federal materials, provides a detailed facilities not previously listed on the explanation of the collection activities Docket and identifies Federal facilities and the burden estimate that is only reported to EPA since the last update on briefly summarized here. July 23, 2025, during a 60-day comment November 28, 2025. In addition to the Form number(s): None. period (90 FR 34657). This notice allows list of additions to the Docket, this document includes a section with revisions of the previous Docket list and those that submit to EPA under FIFRA a section of Federal facilities that are to and/or FFDCA protocols and study that the EPA will be collecting are be deleted from the Docket. Thus, the reports for environmental research revisions in this update include two involving human subjects. North additions, zero deletions, and zero American Industrial Classification corrections to the Docket since the System (NAICS) codes identified in previous update. question 12 of the ICR.

: This list is current as of April 1, DATES2026. Mandatory. 40 CFR 26.

Estimated number of respondents: 13 :

(total). Electronic versions of the Docket and public docket, visit http:// more information on its implementation www.epa.gov/dockets. Total estimated burden: 6,237 hours Abstract: The EPA is responsible for can be obtained at https://www.epa.gov/ the regulation of pesticides under the fedfac/federal-agency-hazardous-waste- 1320.3(b). Federal Insecticide, Fungicide, and compliance-docket by clicking on the

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Remedial Action Planned (NFRAP) link for Cleanups at Federal Facilities or hazardous substances to report their by contacting Jonathan Tso; email activities to EPA. status changes. However, information CERCLA section 120(d) requires EPA address: tso.jonathan@epa.gov, Federal on NFRAP and NPL status is no longer to take steps to assure that a Preliminary Agency Hazardous Waste Compliance being provided separately in the Docket Assessment (PA) be completed for those Docket Coordinator, Office of Superfund update as it is now available at: https:// sites identified in the Docket and that and Emergency Management. www.epa.gov/fedfacts/federal-facility- the evaluation and listing of sites with Additional information on the Docket cleanup-sites-searchable-list or by a PA be completed within a reasonable and a complete list of Docket sites can contacting the EPA HQ Docket time frame. The PA is designed to be obtained at: https://www.epa.gov/ provide information for EPA to consider fedfac/federal-agency-hazardous-waste- the when evaluating the site for potential compliance-docket-1. response action or inclusion on the : 2.0 Regional Docket Coordinators National Priorities List (NPL). The Docket serves three major Contact the following Docket purposes: (1) to identify all Federal Coordinators for information on 1.0 Introduction facilities that must be evaluated to Regional Docket repositories: 2.0 Regional Docket Coordinators determine whether they pose a threat to • US EPA Region 1. Mya Winslow 3.0 Revisions of the Previous Docket human health and the environment 4.0 Process for Compiling the Updated (HBS), 5 Post Office Square, Suite 100, Docket sufficient to warrant inclusion on the Mail Code: 01-5, Boston MA 02109- 5.0 Facilities Not Included National Priorities List (NPL); (2) to 3912, (617) 918-1594. 6.0 Facility NPL Status Reporting, compile and maintain the information • US EPA Region 2. James Desir, 290 Including NFRAP Status submitted to EPA on such facilities Broadway, New York, NY 10007-1866, 7.0 Information Contained on Docket under the provisions listed in section (212) 637-4342. Listing • US EPA Region 3. Connor 120(c) of CERCLA; and (3) to provide a 1.0 Introduction mechanism to make the information O'Loughlin (3HS12), 1650 Arch Street, Section 120(c) of CERCLA, 42 U.S.C. available to the public. Previous Docket Philadelphia, PA 19107, (215) 814- 9620(c), as amended by the Superfund updates are available at https://3304. Amendments and Reauthorization Act • US EPA Region 4. Emily Jones www.epa.gov/fedfac/previous-federal- of 1986 (SARA), requires EPA to agency-hazardous-waste-compliance- (9T25), 61 Forsyth St. SW, Atlanta, GA establish the Federal Agency Hazardous docket-updates. 30303, (404) 562-8334. This document provides some • US EPA Region 5. David Brauner Waste Compliance Docket. The Docket background information on the Docket. contains information on Federal (SR-6J), 77 W Jackson Blvd., Chicago, IL facilities that manage hazardous waste Additional information on the Docket 60604, (312) 886-1526. • US EPA Region 6. Philip Ofosu and such information is submitted by requirements and implementation are Federal agencies to EPA under sections found in the Docket Reference Manual, (6SF-RA), 1445 Ross Avenue, Dallas, 3005, 3010, and 3016 of the Resource Federal Agency Hazardous Waste TX 75202-2733, (214) 665-3178. • US EPA Region 7. Matthew Smith Conservation and Recovery Act (RCRA), Compliance Docket found at https:// 42 U.S.C. 6925, 6930, and 6937. www.epa.gov/fedfac/docket-reference- (SUPRERSB), 11201 Renner Blvd., Additionally, the Docket contains manual-federal-agency-hazardous- Lenexa, KS 66219, (913) 551-7527. • US EPA Region 8. Ryan Dunham information on Federal facilities with a waste-compliance-docket-interim-final reportable quantity of hazardous or obtained by calling the Regional (EPR-F), 1595 Wynkoop Street, Denver, substances that has been released and Docket Coordinators listed below. This CO 80202, (303) 312-6627. • US EPA Region 9. Ashley Mrzljak such information is submitted by document also provides changes to the Federal agencies to EPA under section (SFD-6-1), 600 Wilshire Boulevard, list of sites included on the Docket in 103 of CERCLA, 42 U.S.C. 9603. Suite 940, Los Angeles, CA 90017, (213) three areas: (1) Additions, (2) Deletions, Specifically, RCRA section 3005 244-1839. and (3) Corrections. Specifically, • US EPA Region 10. Brandon establishes a permitting system for additions are newly identified Federal certain hazardous waste treatment, Perkins, 1200 Sixth Avenue, Seattle, facilities that have been reported to EPA storage, and disposal (TSD) facilities; WA 98101, (206) 553-6396. since the last update and now are RCRA section 3010 requires waste included on the Docket; the deletions 3.0 Revisions of the Previous Docket generators, transporters and TSD section lists Federal facilities that EPA This section includes a discussion of facilities to notify EPA of their is deleting from the Docket.The 1hazardous waste activities; and RCRA the additions, deletions and corrections information submitted to EPA on each section 3016 requires Federal agencies to the list of Docket facilities since the Federal facility is maintained in the to submit biennially to EPA an previous Docket update. Docket repository located in the EPA inventory of their Federal hazardous Regional office of the Region in which 3.1 Additions waste facilities. CERCLA section 103(a) the Federal facility is located; for a These Federal facilities are being requires the owner or operator of a description of the information required added primarily because of new vessel or onshore or offshore facility to under those provisions, see 53 FR 4280 information obtained by EPA (for notify the National Response Center (February 12, 1988). Each repository example, recent reporting of a facility (NRC) of any spill or other release of a contains the documents submitted to pursuant to RCRA sections 3005, 3010, hazardous substance that equals or EPA under the reporting provisions and or 3016 or CERCLA section 103). exceeds a reportable quantity (RQ), as correspondence relevant to the reporting CERCLA section 120, as amended by the defined by CERCLA section 101. provisions for each Federal facility. Defense Authorization Act of 1997, Additionally, CERCLA section 103(c) In prior updates, information was also requires facilities that have ''stored, specifies that EPA take steps to assure provided regarding No Further treated, or disposed of'' hazardous that a Preliminary Assessment (PA) be wastes and where there is ''known, completed within a reasonable time See section 3.2 for the criteria for being deleted 1suspected, or likely releases'' of frame for those Federal facilities that are from the Docket.

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6.0 Facility NPL Status Reporting, EPA assures the quality of the included on the Docket. Among other Including NFRAP Status information on the Docket by things, the PA is designed to provide conducting extensive evaluation of the information for EPA to consider when EPA tracks the NPL status of Federal current Docket list and contacts the evaluating the site for potential response facilities listed on the Docket. An other Federal Agency (OFA) with the action or listing on the NPL. This updated list of the NPL status of all information obtained from the databases document includes two additions. Docket facilities, as well as their NFRAP identified above to determine which status, is available at https://3.2 Deletions Federal facilities were, in fact, newly www.epa.gov/fedfacts/federal-facility- reported and qualified for inclusion on There are no statutory or regulatory cleanup-sites-searchable-list or by the update. EPA is also striving to provisions that address deletion of a contacting the EPA HQ Docket correct errors for Federal facilities that facility from the Docket. However, if a were previously reported. For example, facility is incorrectly included on the the state-owned or privately-owned Docket, it may be deleted from the section of this document. In prior facilities that are not operated by the Docket. The criteria EPA uses in updates, information regarding NFRAP Federal government may have been deleting sites from the Docket include: status changes was provided separately. included. Such problems are sometimes a facility for which there was an 7.0 Information Contained on Docket caused by procedures historically used incorrect report submitted for hazardous Listing to report and track Federal facilities waste activity under RCRA (e.g., 40 CFR data. Representatives of Federal The information is provided in three 262.44); a facility that was not agencies are asked to contact the EPA tables. The first table is a list of Federally-owned or operated at the time HQ Docket Coordinator at the address additional Federal facilities that are of the listing; a facility included more provided in the being added to the Docket. The second than once (i.e., redundant listings); or table is a list of Federal facilities that are when multiple facilities are combined document if revisions of this update being deleted from the Docket. The third under one listing. (See Docket Codes information are necessary. table is for corrections. (Reasons for Deletion of Facilities)) for The Federal facilities listed in each a more refined list of the criteria EPA 5.0 Facilities Not Included table are organized by the date reported. uses for deleting sites from the Docket.) Under each heading is listed the name Certain categories of facilities may not Facilities being deleted no longer will and address of the facility, the Federal be included on the Docket, such as: (1) be subject to the requirements of agency responsible for the facility, the Federal facilities formerly owned by a CERCLA section 120(d). This document statutory provision(s) under which the Federal agency that at the time of includes zero deletions. facility was reported to EPA, and a consideration was not Federally-owned 3.3 Corrections code. or operated; (2) Federal facilities that are 2The statutory provisions under which small quantity generators (SQGs) that Changes necessary to correct the a Federal facility is reported are listed have not, more than once per calendar previous Docket are identified by both in a column titled ''Reporting year, generated more than 1,000 kg of EPA and Federal agencies. The Mechanism.'' Applicable mechanisms hazardous waste in any single month; corrections section may include changes are listed for each Federal facility: for (3) Federal facilities that are very small in addresses or spelling, and corrections example, sections 3005, 3010, 3016 of quantity generators (VSQGs) that have of the recorded name and ownership of RCRA, 103(c) of CERCLA, or Other. never generated more than 100 kg of a Federal facility. In addition, changes ''Other'' has been added as a reporting hazardous waste in any month; (4) in the names of Federal facilities may be mechanism to indicate those Federal Federal facilities that are solely made to establish consistency in the facilities that otherwise have been hazardous waste transportation Docket or between the Superfund identified to have releases or threat of facilities, as reported under RCRA Enterprise Management System (SEMS) releases of hazardous substances. The section 3010; and (5) Federal facilities and the Docket. For the Federal facility National Contingency Plan at 40 CFR that have mixed mine or mill site for which a correction is entered, the 300.405 addresses discovery or ownership. original entry is as it appeared in notification, outlines what constitutes previous Docket updates. The corrected An EPA policy issued in June 2003 discovery of a hazardous substance update is shown directly below, for easy provided guidance for a site-by-site release, and states that a release may be comparison. This document includes evaluation as to whether ''mixed discovered in several ways, including: zero corrections. ownership'' mine or mill sites, typically (1) a report submitted in accordance created as a result of activities 4.0 Process for Compiling the Updated with section 103(a) of CERCLA, i.e., conducted pursuant to the General Docket reportable quantities codified at 40 CFR Mining Law of 1872 and never reported part 302; (2) a report submitted to EPA In compiling the newly reported under section 103(a) of CERCLA, should in accordance with section 103(c) of Federal facilities for the update being be included on the Docket. For purposes CERCLA; (3) investigation by published in this document, EPA of that policy, mixed ownership mine or government authorities conducted in extracted the names, addresses, and mill sites are those located partially on accordance with section 104(e) of identification numbers of facilities from private land and partially on public CERCLA or other statutory authority; (4) four EPA databases--the WebEOC, the land. This policy is found at https://notification of a release by a Federal or Biennial Inventory of Federal Agency www.epa.gov/fedfac/policy-listing- state permit holder when required by its Hazardous Waste Activities, the mixed-ownership-mine-or-mill-sites- permit; (5) inventory or survey efforts or Resource Conservation and Recovery created-result-general-mining-law-1872. random or incidental observation Act Information System (RCRAInfo), The policy of not including these and SEMS--that contain information facilities may change; facilities now about Federal facilities submitted under omitted may be added at some point if Each Federal facility listed in the update has 2been assigned a code that indicates a specific reason the four provisions listed in CERCLA EPA determines that they should be for the addition or deletion. The code precedes this section 120(c). included. list.

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• Code 17. New Information Obtained reported by government agencies or the 7.1 Docket Codes/Reasons for Deletion Showing That Facility Should Be of Facilities public; (6) submission of a citizen Included. petition to EPA or the appropriate • Code 1. Small-Quantity Generator • Code 18. Facility Was a Site on a Federal facility requesting a preliminary and Very Small Quantity Generator. Facility That Was Disbanded; Now a assessment, in accordance with section Show citation box. Separate Facility. 105(d) of CERCLA; (7) a report • Code 2. Never Federally Owned • Code 19. Sites Were Combined Into submitted in accordance with section and/or Operated. One Facility. 311(b)(5) of the Clean Water Act; and (8) • Code 3. Formerly Federally Owned • Code 19A. New Currently Federally other sources. As a policy matter, EPA and/or Operated but not at time of Owned and/or Operated Facility Site. generally believes it is appropriate for listing. 7.3 Docket Codes/Types of Federal facilities identified through the • Code 4. No Hazardous Waste Corrections of Information About CERCLA discovery and notification Generated. Facilities process to be included on the Docket. • Code 5. This code is no longer used. • Code 20. Reporting Provisions The complete list of Federal facilities • Code 6. Redundant Listing/Site on Change. that now make up the Docket and the Facility. • Code 20A. Typo Correction/Name NPL and NFRAP status are available to • Code 7. Combining Sites Into One Change/Address Change. interested parties and can be obtained at Facility/Entries Combined. • Code 21. Changing Responsible https://www.epa.gov/fedfacts/federal- • Code 8. Does Not Fit Facility Federal Agency. (If applicable, new facility-cleanup-sites-searchable-list or Definition. responsible Federal agency submits by contacting the EPA HQ Docket proof of previously performed PA, 7.2 Docket Codes/Reasons for which is subject to approval by EPA.) Addition of Facilities the • Code 22. Changing Responsible section of this document. As of the date • Code 15. Small-Quantity Generator Federal Agency and Facility Name. (If of this document, the total number of with either a RCRA 3016 or CERCLA applicable, new responsible Federal Federal facilities that appear on the 103 Reporting Mechanism. Agency submits proof of previously Docket is 2,401. • Code 16. One Entry Being Split Into performed PA, which is subject to approval by EPA.) Two (or more)/Federal Agency • Code 24. Reporting Mechanism Responsibility Being Split. • Code 16A. Determined To Be Not Applicable After NPL site that is part of a Facility already Review of Regional Files. listed on the Docket.

H W C D U #49--A FEDERALFGENCYFAZARDOUS AASTE AOMPLIANCE AOCKET HPDATE HDDITIONS

Reporting Facility name Address City State Zip code Agency Code Date mechanism FOOD AND DRUG AD-10903 NEW SILVER MD .... 20903 AGRI-RCRA 3010 17 UPDATE #49.

MINISTRATION. HAMPSHIRE SPRING. CULTURE. AVE. GSA FRANK E. MOSS 350 SOUTH SALT LAKE UT ..... 84101 GENERAL RCRA 3010 17 UPDATE #49.

COURTHOUSE. MAIN STREET. CITY. SERVICES ADMINIS- TRATION.

W C D U #49--D EDERALGENCYAZARDOUSASTE OMPLIANCE OCKET PDATE ELETIONS

Reporting Facility name Address City State Zip code Agency Code Date mechanism

W C D U #49--C EDERALGENCYAZARDOUSASTE OMPLIANCE OCKET PDATE ORRECTIONS

Reporting Facility name Address City State Zip code Agency Code Date mechanism

Mark Barolo, Director, Office of Superfund and Emergency Management, Office of Land and Emergency Management.

[FR Doc. 2026-07934 Filed 4-22-26; 8:45 am]

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: Notice of a modified system of Form Number: N/A. FEDERAL COMMUNICATIONS ACTIONrecords. Type of Review: Revision of a

[OMB 3060-0298; FR ID 342115] SUMMARY Respondents: Business or other for- Privacy Act of 1974, as amended, the profit entities. Information Collection Being Reviewed Federal Deposit Insurance Corporation Number of Respondents and by the Federal Communications (FDIC) is modifying an existing system Responses: 3,756 respondents; 4,581 of records titled FDIC-012, ''Financial Information Management Records.'' The : Federal Communications Estimated Time per Response: 1 AGENCY FDIC is updating this system of records hour-50 hours. to modify numerous sections of the : Notice and request for Frequency of Response: On occasion, ACTION notice including the Authority for comments. annual, biennial and one-time reporting Maintenance of the System; Purpose(s) of the System; Category of Individuals; : As part of its continuing effort SUMMARY Obligation to Respond: Required to Category of Records; Record Source to reduce paperwork burdens, and as obtain or retain benefits. Statutory Categories; Routine Uses; Policies and required by the Paperwork Reduction authority for this information collection Practices for Storage, Retention and Act (PRA) of 1995, the Federal is contained in sections 151-155, 201- Disposal of Records; and Record Access, Communications Commission (FCC or 205, 208, 251-271, 403, 502 and 503 of Contesting Records, and Notification the Commission) invites the general the Communications Act of 1934, as Procedures. Additionally, this notice public and other Federal agencies to amended (the Act), 47 U.S.C. 151-155, includes non-substantive changes to take this opportunity to comment on the 201-205, 208, 251-271, 403, 502 and simplify the formatting, clarify the text following information collection. 503. of the previously published notice, and Comments are requested concerning: Total Annual Burden: 170,314 hours. improve consistency across FDIC system whether the proposed collection of Total Annual Cost: $477,800. of records notices. information is necessary for the proper Needs and Uses: This collection will : This action will become effective performance of the functions of the DATES be submitted as a revision of an existing on April 23, 2026. The routine uses in Commission, including whether the collection in order to obtain Office of this action will become effective May information shall have practical utility; Management and Budget (OMB) 26, 2026, unless the FDIC makes the accuracy of the Commission's approval for the full three-year changes based on comments received. burden estimate; ways to enhance the clearance. Written comments should be submitted The information collected through a on or before May 26, 2026. information collected; ways to minimize carrier's tariff is used by the : Interested parties are the burden of the collection of ADDRESSES Commission and state commissions to invited to submit written comments information on the respondents, determine whether services offered are identified by Privacy Act System of just and reasonable as the Act requires. Records (FDIC-012) by any of the The tariffs and any supporting information technology; and ways to documentation and cost support are • Agency website: https://further reduce the information examined in order to determine if the www.fdic.gov/resources/regulations/ collection burden on small business services are offered in a just and federal-register-publications . Follow concerns with fewer than 25 employees. reasonable manner. The information the instructions for submitting : Written PRA comments should DATES provided by local exchange carriers comments on the FDIC website. be submitted on or before June 22, 2026. regarding detariffed services, including • Email: comments@fdic.gov. Include If you anticipate that you will be business data services, informs the ''Comments-SORN (FDIC-012)'' in the submitting comments, but find it Commission, customers, and interested subject line of communication. difficult to do so within the period of parties of the detariffing. The • Mail: Jennifer M. Jones, Deputy time allowed by this notice, you should information provided by internet Executive Secretary, Attention: advise the contact listed below as soon Protocol Enabled Service (IPES) Comments SORN (FDIC-012), Legal as possible. Providers pursuant to rules adopted in Division, Office of the Executive : Direct all PRA comments to the Access Arbitrage Second Report and ADDRESSES Secretary, Federal Deposit Insurance Nicole Ongele, FCC, via email PRA@ Order informs interested parties of an Corporation, 550 17th Street NW, fcc.gov and to nicole.ongele@fcc.gov. entities' engagement in Access Washington, DC 20429. : For • Hand Delivery/Courier: Comments Stimulation. additional information about the may be hand-delivered to the guard Federal Communications Commission. information collection, contact Nicole station at the rear of the 550 17th Street Marlene Dortch, Ongele, (202) 418-2991. NW building (located on F Street NW) Secretary, Office of the Secretary. on business days between 7:00 a.m. and : The FCC [FR Doc. 2026-07858 Filed 4-22-26; 8:45 am] 5:00 p.m. may not conduct or sponsor a collection Public Inspection: Comments of information unless it displays a BILLING CODE 6712-01-P received, including any personal currently valid control number. No information provided, may be posted person shall be subject to any penalty without change to https://www.fdic.gov/ for failing to comply with a collection FEDERAL DEPOSIT INSURANCE resources/regulations/federal-register- of information subject to the PRA that CORPORATION publications/. Commenters should does not display a valid Office of submit only information that the Management and Budget (OMB) control Privacy Act of 1974; System of commenter wishes to make available number. Records publicly. The FDIC may review, redact, OMB Control Number: 3060-0298. : Federal Deposit Insurance Title: Part 61, Tariffs (Other than the or refrain from posting all or any portion AGENCY of any comment that it may deem to be Tariff Review Plan). Corporation.

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The Retention and Disposal of Proposed standard Routine Use 8 is new inappropriate for publication, such as and supports the disclosure of irrelevant or obscene material. The FDIC Records section was modified to add information from the system of records may post only a single representative retention and disposition policies for as may be required by Federal statute or example of identical or substantially audio records related to verification of treaty. Proposed standard Routine Use 9 identical comments and in such cases payment transactions. It was also is new and supports the disclosure of will generally identify the number of modified to update or clarify the information as may be needed to identical or substantially identical retention and disposition policies for comments represented by the posted support the comparison of FDIC's financial records maintained in FDIC's records to another agency's system of example. All comments that have been primary financial system and for records or to non-Federal records, in redacted, as well as those that have not financial transaction records related to coordination with an Office of Inspector been posted, that contain comments on procuring goods and/or services, making General in conducting an audit, the merits of this document will be cash or in-kind assistance or payments, investigation, inspection, evaluation, or retained in the public comment file and and collecting debts, including wage other review. Routine Use 13 will be considered as required under all garnishments. (previously Routine Use 12) is being applicable laws. All comments may be The Record Access, Contesting modified to expand the recipients to accessible under the Freedom of Records, and Notification Procedures include the entire Department of the Information Act (FOIA). sections were all updated to include the Treasury, not just the Internal Revenue website address for the FDIC FOIA : Service, and to include the purposes for Service Center. Shannon Dahn, Assistant Director, which information may be shared. This modified system of records will Privacy, 703-516-5500, privacy@Routine Use 14 is being modified to be included in FDIC's inventory of fdic.gov. expand the recipients to include the record systems. : Pursuant Department of Justice and other to the Privacy Act of 1974, 5 U.S.C. SYSTEM NAME AND NUMBER: agencies, and to expand the purpose to 552a, FDIC is modifying an existing include investigations related to surety Financial Information Management system of records, FDIC-012, Financial bonds. Proposed Routine Use 16 is new Records, FDIC-012. Information Management Records. FDIC and would permit disclosures to the uses this system of records to manage : General Services Administration, other SECURITY CLASSIFICATIONand account for financial transactions Unclassified. Federal agencies, and third parties and financial activities of the FDIC in under contract to the Federal : both its Corporate and Receivership SYSTEM LOCATIONGovernment to provide travel The Federal Deposit Insurance capacities. This system of records notice administration, oversight, and Corporation (FDIC) located at 550 17th (SORN) is being updated to modify the assistance to FDIC employees and other Street NW, Washington, DC 20429, and Routine Uses, which authorizes individuals who travel or relocate for other FDIC office locations. Information disclosure of information from this FDIC. Previous Routine Uses 8 (records may also be stored within an system to individuals and entities management inspections) and 11 (U.S. appropriately authorized cloud outside of the FDIC, and to make other Government Accountability Office) have environment or in other secure substantive and clarifying changes to been removed from the SORN as they locations. various sections of the notice. are not needed. Note that other Routine This system of records contains FDIC Uses were not substantially modified ( ): SYSTEM MANAGER Sfinancial transactions and activity but may have been edited and Director, Division of Finance, FDIC, records, including employee payroll, renumbered. 3501 Fairfax Drive, Arlington, VA benefit and disbursement-related The System Location section was 22226. For records about FDIC records; travel expense and updated to reflect that the records may employees concerning garnishments, reimbursement records; accounts be maintained at various FDIC locations, attachments, wage assignments and payable and receivable records; cash or including authorized cloud related records, the system manager is in-kind assistance or payments; and environments. the Assistant General Counsel, receivership payment and receipt The Purpose section was changed to Professional Liability & Financial records. The system supports FDIC's clarify the purpose of this system of Crimes Section, Legal Division, FDIC, Corporate financial transactions records as it relates to FDIC's Corporate 3501 Fairfax Drive, Arlington, VA associated with FDIC's status as an and Receivership capacities. It was also 22226. employer (such as payroll, taxation, modified to clarify that FDIC may use benefit, travel, and relocation), accounts the data during the development or : AUTHORITY FOR MAINTENANCE OF THE SYSTEMpayable and receivable, asset and operation of information technologies. Sections 9 and 10(a) of the Federal liability management, and FDIC's The Categories of Individuals and Deposit Insurance Act (12 U.S.C. 1819 financial activities related to contracted Categories of Records sections were and 1820(a)); Payment Integrity goods and services. The records also updated to improve clarity and public Information Act of 2019 (PIIA); 12 support similar or summarized financial understanding of the individuals who U.S.C. 1822; 31 U.S.C. 3325(d) and transactions associated with FDIC are covered by this system of records 7701(c); 12 CFR 366; FAR 4.902(a) (48 resolution-related activity, including and the data maintained about them. CFR 4.902(a)) and (48 CFR 4.902(a) FAR The Sources of Records section was appointment as receiver. The system 32.905); E.O. 14249, Protecting modified to add financial institutions as also supports internal and external America's Bank Account Against Fraud, a source and otherwise edited for management reporting associated with Waste, and Abuse; and E.O. 9397. the financial operations of the FDIC. clarity. The Storage of Records section was The Routine Uses section is being ( ) : PURPOSE S OF THE SYSTEMmodified to list FDIC's standard routine updated to clarify that electronic The records are used to manage and records may be stored locally on digital uses (routine uses 1-10) first and to account for financial transactions and media or in FDIC-owned or authorized propose three new routine uses and two financial activities of the FDIC in both substantially modified routine uses. vendor cloud environments. its Corporate and Receivership

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capacities. The system supports the (e.g., home sales and purchases) (these (4) Accounts receivable records. records may include any of the Documentation relating to monies owed FDIC's Corporate financial transactions aforementioned information about to FDIC by individual customers, such associated with FDIC's status as an employer (such as pay, taxation, benefit, employees and their family members, as as contractual documents or agreements, travel, and relocation), accounts payable well as names, SSNs, and other invoice statements and supporting information about sellers/purchasers documents, and payment receipts. and receivable, asset and liability management, and FDIC's financial involved in said residential These documents contain information activities related to contracted goods transactions); reimbursement for such as customer names, contact information (email addresses, mailing and services. The records also support educational expenses or professional membership dues and licensing fees and addresses, telephone numbers), similar or summarized financial transactions associated with FDIC similar reimbursements; awards, financial institution account resolution-related activity, including bonuses, and buyout payments; information, TINs/SSNs, and amounts advances or other funds owed to the owed. Supporting documentation may appointment as receiver. Information in FDIC; and garnishments, attachments, contain other identifying data not listed the system of records may also be used to support the development and wage assignments or related records. here. (5) Receivership payment records. operation of current and future Copies of receipts/invoices provided to Records of payments to individuals, or the FDIC for reimbursement may information technology to support the their authorized representative, who purposes listed above. contain credit card or other identifying were depositors, claimants, payees, account information. obligees, obligors, former employees, or CATEGORIES OF INDIVIDUALS COVERED BY THE (2) Travel expense and : SYSTEM affiliates of failed financial institutions reimbursement records. Records relating Current and former FDIC employees; for which the FDIC was involved in to claims for reimbursement of official individuals who provided goods and resolution-related activity, including travel expenses such as travel services to the FDIC as vendors or appointment as receiver. Payment authorizations, vouchers showing contractors; individuals who engaged in records include name and mailing amounts claimed, medical certification travel or relocation paid for by the FDIC; address; email address and telephone and narratives with information about individuals who owe money to the FDIC numbers; bank account and routing the traveler's medical or physical (referred to herein as customers); and numbers, payment amount; and audio conditions, exceptions taken as a result individuals who were depositors, recordings verifying payment of audit, and amounts paid. Copies of claimants, payees, obligees, obligors, transactions. TINs, SSNs or foreign receipts/invoices provided to the FDIC former employees, or affiliates of reference numbers are also included for for reimbursement may contain credit financial institutions for which the FDIC depositors, claimants, or affiliates when card or other identifying account was involved in resolution-related an informational tax return must be information. activity, including appointment as filed. receiver. Note: This system covers only travel The records also include general expense and reimbursement records ledger and detailed trial balances and : maintained by the FDIC. Associated travel CATEGORIES OF RECORDS IN THE SYSTEM supporting data. Additionally, the This system contains the following records maintained by the government travel records may include claim, asset, categories of records: and purchase card issuer and travel services system-assigned, or other specialized (1) Employee payroll, benefit, and provider are part of the following identifying numbers. government-wide systems of records: GSA/ disbursement-related records. The GOVT-3, Travel Charge Card Program; GSA/ payroll and/or disbursement records : GOVT-4, Contracted Travel Services Program RECORD SOURCE CATEGORIEScontain information such as employee Information contained in this system (E-TRAVEL); and GSA/GOVT-6, GSA names, dates of birth, name changes, is obtained from the individual about SmartPay Purchase Charge Card Program. mailing addresses and home addresses; whom the record is maintained or an (3) Accounts payable records. email addresses (work and personal); authorized representative; other Contractor and vendor invoices and telephone numbers (work, home, and government agencies; or financial other accounts payable records. These mobile); spouse/domestic partner names institutions for which FDIC was records consist of documents relating to and work telephone numbers; involved in resolution-related activity, the purchase of goods and/or services dependents' names and dates of birth; including appointment as receiver. from individuals, such as contracts, financial institution account When an employee is subject to a tax vendor invoice statements, and other information; Social Security numbers lien, bankruptcy, an attachment, or a supporting documentation provided by (SSN) and unique employee wage garnishment, information also is the contractor/vendor. These documents identification numbers; rates and obtained from the appropriate taxing or may include information such as payee amounts of pay; tax exemptions; tax judicial authority. or vendor contact information (names, deductions for employee payments; and email addresses, telephone numbers, corporate payments information for tax ROUTINE USES OF RECORDS MAINTAINED IN THE mailing addresses); financial institution reporting. , SYSTEM INCLUDING CATEGORIES OF USERS ANDOther records maintained on account information; amounts paid; : PURPOSES OF SUCH USESemployees include reimbursement audio recordings verifying payment In addition to those disclosures claims for supplemental or incidental transactions; and identification numbers generally permitted under 5 U.S.C. payment reimbursement and relocation [e.g., vendor identification numbers, tax 552a(b) of the Privacy Act, all or a expenses consisting of authorizations, identification numbers (TINs), SSNs in portion of the records or information advances, vouchers of amounts claimed the case of sole proprietors, and contained in this system may be and amounts paid, and, as applicable, employer identification numbers]. disclosed outside the FDIC as a routine supporting documentation, such as legal Documentation supporting payee status use as follows: documents, records and notes necessary or vendor invoice statements may (1) To appropriate Federal, State, contain other identifying data not listed for assisting certain relocating local, tribal, territorial, and foreign employees with residential transactions here. agencies responsible for investigating or

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(14) To the Department of Justice, the prosecuting a violation of, or for (6) To appropriate Federal, State, Department of the Treasury, other enforcing or implementing a statute, local, tribal, and territorial agencies in appropriate Federal agencies, state rule, regulation, or order issued, when connection with hiring or retaining an insurance regulators, consumer the information, either alone or in individual; conducting a background reporting agencies, debt collection conjunction with other information, security or suitability investigation; agencies, legal representatives for surety indicates a violation or potential adjudication of liability; or eligibility for companies and bonding agencies, and violation of law, whether civil, criminal, a license, contract, grant, or other insurance investigators to provide or regulatory in nature, and whether benefit, to the extent that the information relevant to (1) arising by general statute or particular information shared is relevant and investigations of an agent or bonding program statute, or by regulation, rule, necessary to the requesting agency's agency that posts surety bonds, or (2) or order issued pursuant thereto. decision on the matter. (2) To a court or adjudicative body activities related to collection of unpaid (7) To contractors, grantees, experts, before which the FDIC is authorized to monies owed to the FDIC. consultants, students, volunteers, and (15) To the U.S. Department of the appear when, (a) the FDIC or any others performing or working on a Treasury when disclosure of the component thereof; or (b) any employee contract, service, grant, cooperative information is relevant to review of the FDIC in his or her official agreement, or project for the FDIC or the payment and award eligibility through capacity; or (c) any employee of the Office of Inspector General for use in the Do Not Pay Working System for the FDIC in his or her individual capacity carrying out their obligations under purposes of identifying, preventing, or where the FDIC has agreed to represent such contract, grant, agreement or recouping improper payments to an the employee; or (d) the United States; project. applicant for, or recipient of, Federal where the FDIC determines that (8) To such recipients and under such funds, including funds disbursed by a litigation is likely to affect the FDIC or circumstances and procedures as are state (meaning a state of the United any of its components, is a party to mandated by Federal statute, or treaty. litigation or has an interest in such States, the District of Columbia, a (9) To a Federal, State, local, tribal, or litigation, and the FDIC determines that territory or possession of the United territorial agency for the purpose of use of such records is relevant and States, or a federally recognized Indian comparing to the agency's system of necessary to the litigation, provided, tribe) in a state-administered, federally records or to non-Federal records, in however, that in each case, the FDIC funded program. coordination with an Office of Inspector (16) To the General Services determines that disclosure of the General in conducting an audit, Administration, other Federal agencies, records is a use of the information investigation, inspection, evaluation, or contained in the records which is and third parties contracted by the other review as authorized by the compatible with the purpose for which Federal Government to provide travel Inspector General Act of 1978, as the records were collected. administration, oversight and assistance amended. (3) To a congressional office in to FDIC employees and other (10) To Federal agencies, and to those response to an inquiry made by the individuals who travel or relocate for Federal employees designated by the congressional office at the request of the FDIC. President or Agency Heads pursuant to individual who is the subject of the Executive Order 14243, for the purposes record. POLICIES AND PRACTICES FOR STORAGE OFof identifying and eliminating waste, : (4) To appropriate agencies, entities, RECORDSfraud, and abuse, including the Records are stored electronically or in and persons when (a) the FDIC suspects elimination of bureaucratic duplication paper format in secure facilities. or has confirmed that there has been a and inefficiency and the enhancement Electronic records may be stored locally breach of the system of records; (b) the of the Government's ability to detect on digital media, in FDIC-operated FDIC has determined that as a result of overpayments and fraud. cloud environments, or in vendor cloud the suspected or confirmed breach there (11) To appropriate Federal, State, service offerings that are appropriately is a risk of harm to individuals, the and local authorities, agencies, authorized and/or certified. FDIC (including its information systems, arbitrators, and other parties to the programs, and operations), the Federal extent it is relevant and necessary to POLICIES AND PRACTICES FOR RETRIEVAL OFGovernment, or national security; and : RECORDSprocess any personnel actions or (c) the disclosure made to such Records are retrieved by name, SSN/ conduct administrative hearings or agencies, entities, and persons is TIN, email address, foreign reference corrective actions or grievances or reasonably necessary to assist in number, vendor identification number, appeals, or it is relevant and necessary connection with the FDIC's efforts to employee identification number, claim to the conduct of other authorized respond to the suspected or confirmed or asset identification number or other duties by the recipient. breach or to prevent, minimize, or specialized identifying number. (12) To officials of a labor remedy such harm. organization when relevant and (5) To another Federal agency or POLICIES AND PRACTICES FOR RETENTION ANDnecessary to their duties of exclusive Federal entity when the FDIC : DISPOSAL OF RECORDSrepresentation concerning personnel determines that information from this Except as otherwise noted below, policies, practices, and matters affecting system of records is reasonably records covered by FDIC-012 are working conditions. necessary to assist the recipient agency primarily maintained in FDIC's New (13) To the Department of the or entity in (a) responding to a Financial Environment (NFE) system Treasury and its bureaus and other suspected or confirmed breach; or (b) and are maintained for the life of the appropriate Federal, State, local, and preventing, minimizing, or remedying system in accordance with the approved foreign agencies to carry out financial the risk of harm to individuals, the records retention schedule for NFE. transactions and any debt- or tax-related recipient agency or entity (including its Financial transaction records related to reporting, withholding, collection, and/ information systems, programs, and procuring goods and/or services, making or processing activities required or operations), the Federal Government, or payments, collecting debts, permitted by Federal law, regulation or national security, resulting from a garnishments, attachments and wage policy. suspected or confirmed breach. assignments are maintained for six years

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after final payment, and then Center at fdic.gov/foia. Alternatively, Dated at Washington, DC, on April 21, dispositioned. Records and reports individuals can send a request in 2026. maintained outside of NFE are writing to the FDIC FOIA & Privacy Act Jennifer M. Jones, maintained for three (3) years then Group, 550 17th Street NW, Deputy Executive Secretary. destroyed. Records relating to banking Washington, DC 20429, or email efoia@ [FR Doc. 2026-07923 Filed 4-22-26; 8:45 am] transaction authorization forms are fdic.gov. Individuals will be required to BILLING CODE 6714-01-P maintained three years after termination provide a detailed description of the of agreement and then dispositioned. records they seek including time period when the records were created and Audio recordings of payees verifying FEDERAL DEPOSIT INSURANCE wire or other payment transactions are other supporting information where CORPORATION maintained no longer than one hundred possible. Individuals will be required to and eighty (180) days and dispositioned. provide proof of identity in accordance [OMB No. 3064-127] Records containing information about with FDIC regulations at 12 CFR part current and former FDIC employees and 310. Activities: Proposed Collection vendors for processing and mailing Renewal; Comment Request recipients their 1099 and/or : CONTESTING RECORD PROCEDURESSupplemental W-2 tax-reporting Individuals contesting the content of : Federal Deposit Insurance AGENCYstatements are maintained in a separate or requesting an amendment to their Corporation (FDIC). IT system and disposed after seven (7) records in this system of records should : Notice and request for comment. ACTIONyears. Receivership accounting and submit their request online through the receivership tax records are generally FDIC FOIA Service Center at fdic.gov/ : The FDIC, as part of its SUMMARYmaintained ten (10) years after foia. Alternatively, individuals can send obligations under the Paperwork termination of the receivership and a request in writing to the FDIC FOIA Reduction Act of 1995 (PRA), invites the dispositioned. & Privacy Act Group, 550 17th Street general public and other Federal NW, Washington, DC 20429, or email agencies to take this opportunity to , , ADMINISTRATIVE TECHNICAL AND PHYSICAL efoia@fdic.gov . The request should comment on this extension without : SAFEGUARDS contain the individual's reason for change of the existing information Records are protected from requesting the amendment and a collection described below (OMB unauthorized access and improper use description of the record (including the Control No. 3064-0127). through administrative, technical, and name of the appropriate designated physical security measures. DATES system and category thereof) sufficient Administrative safeguards include or before June 22, 2026. to enable the FDIC to identify the written guidelines on handling personal : Interested parties are ADDRESSES particular record or portion thereof with information including agency-wide invited to submit written comments to respect to which amendment is sought. procedures for safeguarding personally the FDIC by any of the following Requests must specify which identifiable information. In addition, all methods: information is being contested, the FDIC staff are required to take annual • Agency Website: https:// reasons for contesting it, and the privacy and security training. www.fdic.gov/resources/regulations/ proposed amendment to such Additional safeguards include quarterly federal-register-publications/. information in accordance with FDIC Business Owner Certification reviews of • Email: comments@fdic.gov. Include regulations at 12 CFR part 310. privileged system access, annual the name and number of the collection Individuals will be required to provide Business Owner Certification reviews of in the subject line of the message. proof of identity in accordance with all system access, and multiple • Mail: Robert Meiers, Regulatory FDIC regulations at 12 CFR part 310. approvals required for all system access Counsel, MB-3013, Federal Deposit above default. Technical security Insurance Corporation, 550 17th Street : measures within FDIC include NOTIFICATION PROCEDURES NW, Washington, DC 20429. Individuals seeking to know whether restrictions on computer access to • Hand Delivery: Comments may be this system contains information about authorized individuals who have a hand-delivered to the guard station at them should submit their request online legitimate need to know the the rear of the 17th Street NW building through the FDIC FOIA Service Center information; multi-factor authentication (located on F Street NW), on business at fdic.gov/foia. Alternatively, for remote access and access to many days between 7 a.m. and 5 p.m. individuals can send a request in FDIC systems; strong passwords when All comments should refer to the writing to the FDIC FOIA & Privacy Act multi-factor authentication is not relevant OMB control number. A copy Group, 550 17th Street NW, available; use of encryption for certain of the comments may also be submitted Washington, DC 20429, or email efoia@data types and transfers; firewalls and to the OMB desk officer for the FDIC: fdic.gov. Individuals will be required to intrusion detection applications; and Office of Information and Regulatory provide proof of identity in accordance regular review of security procedures Affairs, Office of Management and with FDIC regulations at 12 CFR part and best practices to enhance security. Budget, New Executive Office Building, 310. Physical safeguards include restrictions Washington, DC 20503. on building access to authorized : : individuals, security guard service, and EXEMPTIONS PROMULGATED FOR THE SYSTEM Robert Meiers, Regulatory Attorney, maintenance of records in lockable None. Romeiers@fdic.gov, MB-3013, Federal offices and filing cabinets. Deposit Insurance Corporation, 550 17th : HISTORY Street NW, Washington, DC 20429. : RECORD ACCESS PROCEDURES 80 FR 66981 (Oct. 30, 2015); 84 FR : Proposal Individuals requesting access to 35184 (Jul. 22, 2019); 90 FR 51316 (Nov. records about them in this system of to renew the following currently 17, 2025). records should submit their request approved collection of information: online through the FDIC FOIA Service Federal Deposit Insurance Corporation.

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1. Title: Fast-Track Generic Clearance OMB Number: 3064-0127. Affected Public: Private sector, for the Collection of Qualitative business and other for-profit entities. Form Number: n/a. Feedback. Burden Estimate:

1--S E A B ABLE UMMARY OF STIMATED NNUAL URDEN

[OMB No. 3064-0127] Type of Number of Information collection (IC) burden Number of Annual burden responses per (obligation to respond) (frequency of respondents (hours) respondent (HH:MM) response)

1. Fast-Track Generic Clearance for the Collection of TQualitative Feedback, (Voluntary) .................................... Reporting 17,000 1 01:00 17,000

(Once)

Total Annual Burden (Hours) ........................................ ........................ ........................ ........................ ........................ 17,000

Source: FDIC. Note: The estimated annual IC time burden is the product, rounded to the nearest hour, of the estimated annual number of responses and the estimated time per response for a given IC. The estimated annual number of responses is the product, rounded to the nearest whole number, of the estimated annual number of respondents and the estimated annual number of responses per respondent. This methodology ensures the esti-mated annual burdens in the table are consistent with the values recorded in OMB's consolidated information system.

the information has practical utility; (b) on an expedited basis, upon request, by General Description of Collection: This information collection establishes the accuracy of the estimates of the contacting the appropriate Federal ongoing authority for FDIC to conduct burden of the information collections, Reserve Bank and from the Board's yet-to-be-determined occasional quality Freedom of Information Office at methodology and assumptions used; (c) of service surveys under OMB's generic https://www.federalreserve.gov/foia/ survey program. Once this information request.htm. Interested persons may collection extension request is approved express their views in writing on the collected; and (d) ways to minimize the by OMB, FDIC will be able to obtain standards enumerated in paragraph 7 of expedited approval of individual burden of the collections of information the Act. surveys by following a special on respondents, including through the Comments received are subject to use of automated collection techniques submission process that does not public disclosure. In general, comments require the publication of Federal or other forms of information received will be made available without Register notices for each individual technology. All comments will become change and will not be modified to a matter of public record. survey. Generic clearance requests remove personal or business should be approved by OMB within five information including confidential, Federal Deposit Insurance Corporation. business days of submission. FDIC contact, or other identifying Dated at Washington, DC, on April 21, estimates that the generic surveys to be information. Comments should not 2026. deployed under this information include any information such as Jennifer M. Jones, collection each will involve an average confidential information that would not Deputy Executive Secretary. of 850 respondents, generally should be appropriate for public disclosure. not require more than one hour per [FR Doc. 2026-07920 Filed 4-22-26; 8:45 am] Comments regarding each of these respondent to complete, and are always applications must be received at the BILLING CODE 6714-01-P voluntary in nature. FDIC estimates that Reserve Bank indicated or the offices of it will deploy approximately 20 such the Board of Governors, Benjamin W. FEDERAL RESERVE SYSTEM surveys annually. The purpose of the McDonough, Secretary of the Board, surveys is, in general terms, to obtain 20th Street and Constitution Avenue Change in Bank Control Notices; anecdotal information on a voluntary NW, Washington, DC 20551-0001, not Acquisitions of Shares of a Bank or basis about quality of service, regulatory later than May 8, 2026. Bank Holding Company burden, problems or successes in the A. Federal Reserve Bank of Kansas bank supervisory process (including City (Jeffrey Imgarten, Assistant Vice The notificants listed below have exams related to both safety and President) 1 Memorial Drive, Kansas applied under the Change in Bank soundness, and compliance with City, Missouri 64198-0001. Comments Control Act (Act) (12 U.S.C. 1817(j)) and consumer protection laws and can also be sent electronically to 225.41 of the Board's Regulation Y (12 regulations), the perceived need for KCApplicationComments@kc.frb.org: CFR 225.41) to acquire shares of a bank regulatory or statutory change, and or bank holding company. The factors 1. The Gregory L. Massey 2026 similar concerns. There is no change in that are considered in acting on the Irrevocable Trust, Gregory L. Massey, as the substance or methodology of this trustee, both of Dallas, Texas; to become applications are set forth in paragraph 7 information collection and the of the Act (12 U.S.C. 1817(j)(7)). a member of the Massey Family Group, estimated annual burden remains The public portions of the a group acting in concert, to acquire unchanged. voting shares of Spend Life Wisely applications listed below, as well as Company, Inc., and thereby indirectly other related filings required by the Request for Comment Board, if any, are available for acquire voting shares of First United

Comments are invited on: (a) whether immediate inspection at the Federal Bank and Trust Company, both of the collections of information are Durant, Oklahoma. Gregory Massey was Reserve Bank(s) indicated below and at the offices of the Board of Governors. previously permitted by the Federal the FDIC's functions, including whether This information may also be obtained Reserve System to acquire voting shares

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including at the clinician-patient level, of Spend Life Wisely Company, Inc. in should also attest to the nominee's practice level, and health-system level. his individual capacity. willingness to serve as a member of the USPSTF. Additionally, the Task Force benefits Board of Governors of the Federal Reserve from members with expertise in the AHRQ will later ask people under System. following areas: serious consideration for USPSTF Michele Taylor Fennell, membership to provide detailed Public health; Associate Secretary of the Board. information that will permit evaluation Application of science to health of possible significant conflicts of policy; and [FR Doc. 2026-07976 Filed 4-22-26; 8:45 am] interest. Such information will concern Communication of scientific findings BILLING CODE 6210-01-P matters such as financial holdings, to multiple audiences including health consultancies, non-financial scientific care professionals, policymakers, and interests, and research grants or the general public. contracts. Candidates with experience and skills To obtain a broad range of expertise, in any of these areas should highlight Agency for Healthcare Research and AHRQ encourages nominations of them in their nomination materials. Quality physician specialists in anesthesiology/ Applicants must have no substantial pain management, cardiology, conflicts of interest, whether financial, Request of Nominations: U.S. endocrinology, family medicine, professional, or intellectual, that would Preventive Services Task Force gastroenterology, hematology/oncology, impair the scientific integrity of the : Agency for Healthcare Research internal medicine, obstetrics and work of the USPSTF and must be AGENCYand Quality (AHRQ), HHS. gynecology, pediatrics, preventive willing to complete regular conflict of medicine, radiology, and experts in : Solicitation of nominations. interest disclosures. ACTIONhealth economics. However, Applicants must have the ability to : The Agency for Healthcare applications from physicians in other SUMMARYwork collaboratively with a team of Research and Quality invites relevant specialties including but not diverse professionals who support the nominations of individuals qualified to limited to surgery, laboratory medicine/ mission of the USPSTF. Applicants serve as members of the U.S. Preventive molecular pathology, and clinical must have adequate time to contribute Services Task Force (USPSTF). genetics are also desired. AHRQ also substantively to the work products of : Nominations must be received seeks wide geographic representation the USPSTF. DATESelectronically by May 23, 2026 to be and practice experience in diverse Nominee Selection considered for appointment to begin in setting, including individuals with June, 2026. expertise in rural medicine. Interested Nominated individuals will be individuals can nominate themselves. : Submit your responses selected for the USPSTF on the basis of ADDRESSESOrganizations and individuals may how well they meet the required electronically via: https://nominate one or more people qualified qualifications, and the current expertise uspstfnominations.ahrq.gov/register. for membership on the USPSTF for needs of the USPSTF. It is anticipated : consideration in this or future that new members will be invited to Beatriz Canas at (301) 427-1629. nomination cycles. serve on the USPSTF beginning in July : 2026. All nominated individuals will be Qualification Requirements Arrangement for Public Inspection considered. AHRQ will retain and may To qualify for the USPSTF and consider for future vacancies Nominations and applications are support its mission, an applicant or nominations received this year and not kept on file at the Center for Evidence nominee should possess expertise in selected during this cycle. and Practice Improvement, AHRQ, and reviewing scientific evidence related to are available for review during business the effectiveness, appropriateness, and hours. AHRQ does not reply to cost-effectiveness of clinical preventive Under title IX of the Public Health individual nominations but considers services for the purpose of developing Service Act, AHRQ is charged with all nominations in making recommendations for the health care enhancing the quality, appropriateness, recommendation for appointment. community, and updating previous and effectiveness of health care services Information regarded as private and clinical preventive recommendations for and access to such services. 42 U.S.C. personal, such as a nominee's social individuals and organizations delivering 299(b). AHRQ accomplishes these goals security number, home and email clinical services, including primary care through scientific research and addresses, home telephone and fax professionals, health care systems, promotion of improvements in clinical numbers, or names of family members professional societies, employers, practice, including clinical prevention will not be disclosed to the public in community organizations, non-profit of diseases and other health conditions. accordance with the Freedom of organizations, Congress and other See 42 U.S.C. 299(b). Information Act. 5 U.S.C. 552(b)(6); 45 policy-makers, governmental public The USPSTF, a body of experts in CFR 5.31(f). health agencies, health care quality prevention and evidence-based Nomination Submissions organizations, and organizations medicine, works to improve the health developing national health objectives. of people nationwide by making Nominations must be submitted These skills include: evidence-based recommendations about electronically, and should include: 1. The critical evaluation of research the effectiveness of clinical preventive 1. The applicant's current curriculum published in peer-reviewed literature; services and health promotion. The vitae and contact information, including 2. Clinical prevention and health recommendations made by the USPSTF mailing address, and email address; and promotion in primary care and specialty address clinical preventive services for 2. A letter explaining how this settings. adults and children, and include individual meets the qualification

1. Implementation of evidence-based screening tests, counseling services, and requirements and how he or she would recommendations in clinical practice preventive medications. contribute to the USPSTF. The letter

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On page 13850, in the first column, The USPSTF was first established in the second and third paragraphs of the 1984 under the auspices of the U.S. portion of the document are Public Health Service. AHRQ provides ADDRESSESchanged to read as follows: ongoing scientific, administrative, and dissemination support for the USPSTF's • Additional details, such as any [Docket No. FDA-2026-N-2366] operation. See 42 U.S.C. 299b-4(a)(3). changes to the time of the public Members are appointed by the Secretary Commissioner's National Priority hearing and registration information, Voucher (CNPV) Pilot Program; Public of the U.S. Department of Health and will be posted at https://www.fda.gov/ Hearing; Request for Comments; Human Services to serve four-year news-events/fda-meetings-conferences- Amendment terms. New members are selected each and-workshops/commissioners-

national-priority-voucher-cnpv-pilot- year to replace those members who are AGENCYprogram-public-hearing-06042026. The completing their appointments. HHS. online web conference meeting link can The USPSTF rigorously evaluates the : Notice. be accessed at https://www.fda.gov/ ACTIONeffectiveness of clinical preventive news-events/fda-meetings-conferences- services and formulating or updating SUMMARYand-workshops/commissioners- Administration (FDA) is announcing an recommendations regarding the national-priority-voucher-cnpv-pilot- amendment to the notice of the public appropriate provision of preventive program-public-hearing-06042026 on hearing related to the Commissioner's services. Current USPSTF the day of the meeting. National Priority Voucher (CNPV) Pilot recommendations and associated • All written requests for Program. This meeting was announced evidence reviews are available on the participation in the pilot program must in the Federal Register of March 23, internet (www.uspreventivebe received by April 24, 2026 (email to: 2026. The amendment is being made to servicestaskforce.org). CNPVPublicMeeting@fda.hhs.gov). , reflect a change in the DATESUSPSTF members meet three times a , On page 13850, in the third column, ADDRESSESyear for two days in the Washington, DC , and IV. Participating in Public the CONTACTarea or virtually if necessary. A Hearing portions of the document. portion of the document is changed to significant portion of the USPSTF's There are no other changes. work occurs between meetings during : • Mallika Mundkur, Deputy Chief video conference calls and via email Mallika Mundkur, Deputy Chief Medical Officer, Office of the discussions. Member duties include Medical Officer, Office of the Commissioner, Food and Drug prioritizing topics, designing research Commissioner, Food and Drug Administration, 10903 New Hampshire plans, reviewing and commenting on Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993, 301- systematic evidence review reports, Ave., Silver Spring, MD 20993, 301- 796-8800, CNPVPublicMeeting@discussing evidence and making 796-8800, CNPVPublicMeeting@fda.hhs.gov. recommendations on preventive fda.hhs.gov. On page 13852, in the second column, services, reviewing stakeholder : In the the IV. Participating in Public Hearing comments, drafting final Federal Register of March 23, 2026, 91 portion of the recommendation documents, and FR 13849, FDA announced that a public section is changed to read participating in workgroups on specific hearing related to the CNPV Pilot topics and methods. Members can Program would be held on June 12, • Registration: To register to attend or expect to receive frequent emails, 2026. On page 13849, in the third participate in the free public hearing, participate in multiple video conference column, the portion of the DATESplease visit the following website: calls each month, and have periodic document is changed to read as follows: https://www.fda.gov/news-events/fda- interaction with stakeholders. AHRQ • The public hearing will be held meetings-conferences-and-workshops/ estimates that members devote with an in-person and virtual option commissioners-national-priority- approximately 250 hours a year outside (i.e., hybrid) on June 4, 2026, from 1:00 voucher-cnpv-pilot-program-public- of in-person meetings to their USPSTF p.m. to 4:00 p.m. Eastern Time. Meeting hearing-06042026. duties. The members are all volunteers registration, including requests for • Written Notice of Participation: All participation in the public hearing, can and do not receive any compensation written requests for participation must be found at the following website: beyond support for travel to attend the be received by April 24, 2026, 11:59 https://www.fda.gov/news-events/fda- thrice yearly meetings and trainings. p.m. Eastern Time (email to: meetings-conferences-and-workshops/ CNPVPublicMeeting@fda.hhs.gov). commissioners-national-priority- Roger D. Klein, voucher-cnpv-pilot-program-public- • Transcripts: A link to the transcript hearing-06042026. All requests for Director. will also be available on the internet at participation, including those who wish https://www.fda.gov/news-events/fda- [FR Doc. 2026-07921 Filed 4-22-26; 8:45 am] to present during the public hearing, meetings-conferences-and-workshops/ BILLING CODE 4160-90-P must be received by April 24, 2026, commissioners-national-priority- through the meeting registration page. voucher-cnpv-pilot-program-public- Questions about meeting registration hearing-06042026. and participation should be sent to

CNPVPublicMeeting@fda.hhs.gov and

include the title of this notice: ''Commissioner's National Priority Voucher (CNPV) Pilot Program; Public [FR Doc. 2026-07916 Filed 4-22-26; 8:45 am] Hearing; Request for Comments'').

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information that you do not wish to be 240-402-7500. Publicly available made available to the public, submit the submissions may be seen in the docket. application as a written/paper : submission and in the manner detailed Jaime Espinosa, Division of Field (see ''Written/Paper Submissions'' and Enforcement, Office of Field Regulatory [Docket No. FDA-2025-N-7055] ''Instructions''). Operations, Office of Inspections and Kimberly Schaff Kiehl: Final Investigations, Food and Drug Written/Paper Submissions Debarment Order Administration, at 240-402-8743, or • Mail/Hand Delivery/Courier (for debarments@fda.hhs.gov. written/paper submissions): Dockets AGENCY : HHS. Management Staff (HFA-305), Food and : Notice. Drug Administration, 5630 Fishers ACTIONLane, Rm. 1061, Rockville, MD 20852. Section 306(b)(1)(D) of the FD&C Act • For a written/paper application SUMMARY permits debarment of an individual Administration (FDA or the Agency) is submitted to the Dockets Management from importing or offering for import issuing an order under the Federal Staff, FDA will post your application, as any drug into the United States if FDA Food, Drug, and Cosmetic Act (FD&C well as any attachments, except for finds, as required by section 306(b)(3)(C) Act) debarring Kimberly Schaff Kiehl for information submitted, marked, and of the FD&C Act, that the individual has a period of 10 years from importing or identified, as confidential, if submitted been convicted of a felony for conduct offering for import any drug into the as detailed in ''Instructions.'' relating to the importation into the United States. FDA bases this order on Instructions: All applications must United States of any drug or controlled a finding that Ms. Kiehl was convicted include the Docket No. FDA-2025-N- substance. of two felonies under federal law. The 7055. Received applications will be On July 3, 2025, Ms. Kiehl was factual basis supporting Ms. Kiehl's placed in the docket and, except for convicted as defined in section 306(l)(1) conviction, as described below, is those submitted as ''Confidential of the FD&C Act, in the U.S. District conduct relating to the importation into Submissions,'' publicly viewable at Court for the Middle District of Florida, the United States of a drug or controlled https://www.regulations.gov or at the Tampa Division, when the court substance. Ms. Kiehl was given notice of Dockets Management Staff between 9 accepted her plea of guilty and entered the proposed debarment and was given a.m. and 4 p.m., Monday through judgment against her for the felony an opportunity to request a hearing to Friday, 240-402-7500. • Confidential Submissions--To offenses of mail fraud in violation of 18 show why she should not be debarred. U.S.C. 1341 and causing counterfeit As of March 9, 2026 (30 days after submit an application with confidential drugs to be made, sold, or held for sale receipt of the notice), Ms. Kiehl had not information that you do not wish to be in violation of 21 U.S.C. 331(i)(3) and responded. Ms. Kiehl's failure to made publicly available, submit your 333(a)(2) (sections 301(i)(3) and respond and request a hearing application only as a written/paper 303(a)(2) of the FD&C Act). The constitutes a waiver of her right to a submission. You should submit two underlying facts supporting the hearing concerning this matter. copies total. One copy will include the conviction are as follows: information you claim to be confidential : This order is applicable April 23, DATES As contained in the Superseding with a heading or cover note that states 2026. Information and in the Plea Agreement ''THIS DOCUMENT CONTAINS : Any application by Ms. ADDRESSES from her case, Ms. Kiehl was the CONFIDENTIAL INFORMATION.'' The Kiehl for termination of debarment registered agent and authorized member Agency will review this copy, including under section 306(d)(1) of the FD&C Act for Focus Beauty, LLC (Focus Beauty) the claimed confidential information, in (21 U.S.C. 335a(d)(1)) may be submitted and she operated Focus Beauty's its consideration of your application. at any time as follows: website to market and offer for sale The second copy, which will have the Electronic Submissions drugs and other products. Between claimed confidential information • Federal eRulemaking Portal: January 2020 and September 2021, redacted/blacked out, will be available several packages destined for Ms. for public viewing and posted on https://www.regulations.gov. Follow the Kiehl's address were seized by the https://www.regulations.gov. Submit Department of Homeland Security both copies to the Dockets Management An application submitted electronically, (DHS). Additionally, Ms. Kiehl received Staff. Any information marked as including attachments, to https:// notices from the FDA and/or Customs ''confidential'' will not be disclosed www.regulations.gov will be posted to and Border Protection about the except in accordance with 21 CFR 10.20 the docket unchanged. Because your violative nature of the products she was application will be made public, you are and other applicable disclosure law. For importing from China and other foreign more information about FDA's posting solely responsible for ensuring that your countries. of comments to public dockets, see 80 application does not include any On or about April 1, 2020, a DHL FR 56469, September 18, 2015, or access confidential information that you or a package shipped from China and third party may not wish to be posted, the information at: https:// destined for Ms. Kiehl's residence was such as medical information, your or www.govinfo.gov/content/pkg/FR-2015- intercepted. The package was addressed anyone else's Social Security number, or 09-18/pdf/2015-23389.pdf. Docket: For access to the docket, go to to the fake name of ''Cathy Ryan'' and confidential business information, such https://www.regulations.gov and insert the shipping documents identified the as a manufacturing process. Please note the docket number, found in brackets in contents as engraving pen kits and glass that if you include your name, contact the heading of this document, into the bottles. Special Agents from DHS information, or other information that ''Search'' box and follow the prompts Homeland Security Investigations (HSI) identifies you in the body of your and/or go to the Dockets Management conducted a border search of the application, that information will be Staff, 5630 Fishers Lane, Rm. 1061, package and determined that it posted on https://www.regulations.gov. • If you want to submit an Rockville, MD 20852 between 9 a.m. contained 15 boxes marked ''Restylane and 4 p.m., Monday through Friday, Injectable 1 x 1 ML;'' eight boxes application with confidential

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1. Findings and Order marked ''Galderma Restylane Injectable products from foreign countries. She Lyft Lidocaine 1 ML, The Perlane admitted to using fake recipient names Therefore, the Division of Field Collection, Injectable Gel with on packages shipped to her from China, Enforcement Director, Office of Lidocaine;'' and, seven boxes marked in an effort to avoid the seizure of the Inspections and Investigations, under ''Galderma Restylane Injectable products, which were violative section 306(b)(3)(C) of the FD&C Act, Lidocaine 1 ML, Injectable Gel with products. When using fake names did under authority delegated to the Lidocaine.'' not stop the packages from being seized, Director, Division of Enforcement, finds Following this seizure, and others, on Ms. Kiehl began using her son's address that Ms. Kimberly Schaff Kiehl has been September 2, 2021, a Special Agent from to receive the products, which were convicted of a felony under Federal law FDA's Office of Criminal Investigations violative products. Ms. Kiehl for conduct relating to the importation acting in an undercover capacity acknowledged selling unapproved and into the United States of any drug or purchased items through the website counterfeit drugs and other products on controlled substance. FDA finds that the www.focusisbeauty.com. The agent the website, www.focusisbeauty.com, offense should be accorded a debarment ordered, (1) Intense Repair Serum, and shipping those products in period of 10 years as provided by which bore the image of Botox, and was interstate commerce to customers. section 306(c)(2)(A)(iii) of the FD&C Shipping records obtained by DHS/ found in the section of the website Act. HSI revealed approximately 176 foreign titled: ''Botox, Anesthetics, & Diluents;'' As a result of the foregoing finding, based packages were imported by Ms. and, (2) Intense Repair Serum, which Ms. Kiehl is debarred for a period of 10 Kiehl and shipped to her residence bore the image of a product titled years from importing or offering for Daewoong Boulinum Toxin Type A between January 9, 2019, and September import any drug into the United States, Nabota and was found in the section of 19, 2021. Additionally, between effective (see ). Pursuant to section DATESthe website titled: ''Botox, Anesthetics, approximately July 2017, and October 301(cc) of the FD&C Act (21 U.S.C. & Diluents.'' 2021, Ms. Kiehl received approximately 331(cc)), the importing or offering for On or about September 17, 2021, $341,218 for the sale of misbranded and import into the United States of any agents retrieved the box shipped by Ms. counterfeit drugs and other products drug by, with the assistance of, or at the Kiehl. The box contained five products that lacked the required FDA approval. direction of Ms. Kiehl is a prohibited marked as ''Botox'' with writing in the FDA sent Ms. Kiehl, by certified mail, act. Turkish language. The products were on February 3, 2026, a notice proposing determined to be counterfeit versions of to debar her for a 10-year period from the Botox product manufactured for and importing or offering for import any only distributed in Turkey. Botox is the drug into the United States. The brand name, owned by AbbVie Inc. proposal was based on a finding under FR Doc. 2026-07864 Filed 4-22-26; 8:45 am, of a drug derived from section 306(b)(3)(C) of the FD&C Act botulinum toxin type A. Botulinum that Ms. Kiehl's felony conviction under toxin type A is a highly potent toxin Federal law for mail fraud in violation which can cause the disease botulism of 18 U.S.C. 1341 and causing when present in human beings in a counterfeit drugs to be made, sold, or held for sale in violation of 21 U.S.C. sufficient amount. The FDA has 331(i)(3) and 333(a)(2) was for conduct approved a biological products license relating to the importation of any drug for Botox and a supplement to the [Docket No. FDA-2026-N-2642] or controlled substance into the United license application for the treatment of States because she illegally imported what is commonly referred to as Harmful and Potentially Harmful and introduced misbranded prescription wrinkles. Both FDA approved licenses Constituents in Tobacco Products and for Botox products limits them to use drug products into interstate commerce. Tobacco Smoke; Established List In proposing a debarment period, pursuant to a prescription from a Additions and Request for Comments FDA weighed the considerations set licensed practitioner. While Botox forth in section 306(c)(3) of the FD&C products may be purchased through AGENCY HHS. Act that the Agency considered intermediary sources, all purchases are : Notice; established list applicable to Ms. Kiehl's offense and shipped from an AbbVie warehouse ACTION additions and request for comments. concluded that the offense warranted facility in Houston, Texas. This occurs the imposition of a 10-year period of to meet the strict temperature controls SUMMARY debarment. required for botulinum toxin-containing Administration (FDA, the Agency, or The proposal informed Ms. Kiehl of products. we) is adding constituents to the list of the proposed debarment and offered her On October 14, 2021, a search warrant harmful and potentially harmful an opportunity to request a hearing, was executed at Ms. Kiehl's residence. constituents (HPHCs) in tobacco providing her 30 days from the date of During the execution of the warrant, products and tobacco smoke (the receipt of the letter in which to file the agents discovered hundreds of established HPHC list) as required by request, and advised her that failure to counterfeit products violative of the the Federal Food, Drug, and Cosmetic request a hearing constituted a waiver of FD&C Act that were imported into the Act (the FD&C Act). the opportunity for a hearing and of any United States from foreign countries. : Either electronic or written contentions concerning this action. Ms. These products were discovered DATES comments on the notice must be throughout the residence, including in a Kiehl received the proposal and notice submitted by May 26, 2026. freezer among frozen food items, in a of opportunity for a hearing on February

: You may submit comments 7, 2026. Ms. Kiehl failed to request a pantry among dry goods, and hidden ADDRESSEShearing within the timeframe prescribed behind a false wall. Ms. Kiehl was as follows. Please note that late, present during the execution of the by regulation and has, therefore, waived untimely filed comments will not be her opportunity for a hearing and search warrant and agreed to speak with considered. The https:// waived any contentions concerning her agents. Ms. Kiehl acknowledged www.regulations.gov electronic filing ordering and receiving drugs and other debarment (21 CFR part 12). system will accept comments until

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• Confidential Submissions--To tobacco, and smokeless tobacco were 11:59 p.m. Eastern Time at the end of immediately subject to chapter IX. May 26, 2026. Comments received by submit a comment with confidential For other types of tobacco products, mail/hand delivery/courier (for written/ information that you do not wish to be the statute authorizes FDA to issue paper submissions) will be considered made publicly available, submit your regulations ''deeming'' them to be timely if they are received on or before comments only as a written/paper subject to chapter IX. FDA published a that date. submission. You should submit two final rule on May 10, 2016, deeming all copies total. One copy will include the Electronic Submissions products that meet the statutory information you claim to be confidential Submit electronic comments in the definition of ''tobacco product'' set forth with a heading or cover note that states following way: in section 201(rr) of the FD&C Act (21 ''THIS DOCUMENT CONTAINS • Federal eRulemaking Portal: U.S.C. 321(rr)), including components CONFIDENTIAL INFORMATION.'' The https://www.regulations.gov. Follow the and parts, but excluding accessories of Agency will review this copy, including deemed products, to be subject to the claimed confidential information, in Comments submitted electronically, chapter IX of the FD&C Act. its consideration of comments. The 1including attachments, to https:// Section 904(e) of the FD&C Act (21 second copy, which will have the U.S.C. 387d(e)) requires FDA to www.regulations.gov will be posted to claimed confidential information establish, and periodically revise as the docket unchanged. Because your redacted/blacked out, will be available appropriate, ''a list of harmful and comment will be made public, you are for public viewing and posted on potentially harmful constituents, solely responsible for ensuring that your https://www.regulations.gov. Submit including smoke constituents, to health comment does not include any both copies to the Dockets Management in each tobacco product by brand and confidential information that you or a Staff. If you do not wish your name and by quantity in each brand and third party may not wish to be posted, contact information to be made publicly subbrand.'' such as medical information, your or available, you can provide this In 2011, FDA provided guidance that anyone else's Social Security number, or information on the cover sheet and not discussed the meaning of ''harmful and confidential business information, such in the body of your comments and you potentially harmful constituent'' in the as a manufacturing process. Please note must identify this information as context of the HPHC list requirement that if you include your name, contact ''confidential.'' Any information marked (76 FR 5387, January 31, 2011). In information, or other information that 2as ''confidential'' will not be disclosed 2012, after considering comments identifies you in the body of your except in accordance with 21 CFR 10.20 solicited from the public, as well as comments, that information will be and other applicable disclosure law. For scientific and other information, FDA posted on https://www.regulations.gov. more information about FDA's posting • If you want to submit a comment developed a list of 93 constituents in of comments to public dockets, see 80 tobacco products and tobacco smoke with confidential information that you FR 56469, September 18, 2015, or access that are believed to be harmful or do not wish to be made available to the the information at: https:// potentially harmful to health (the HPHC public, submit the comment as a www.govinfo.gov/content/pkg/FR-2015- established list). written/paper submission and in the 309-18/pdf/2015-23389.pdf. In August 2016, FDA extended its manner detailed (see ''Written/Paper authority under the Deeming Rule to all Submissions'' and ''Instructions''). read background documents or the products, including components and electronic and written/paper comments Written/Paper Submissions parts (but excluding accessories of received, go to https://Submit written/paper submissions as deemed products) that met the statutory www.regulations.gov and insert the follows: definition of tobacco product, including docket number, found in brackets in the • Mail/Hand Delivery/Courier (for electronic nicotine delivery systems heading of this document, into the written/paper submissions): Dockets (ENDS). Therefore, consistent with ''Search'' box and follow the prompts Management Staff (HFA-305), Food and section 904(e) of the FD&C Act, the and/or go to the Dockets Management Drug Administration, 5630 Fishers Agency considered revising the HPHC Staff, 5630 Fishers Lane, Rm. 1061, Lane, Rm. 1061, Rockville, MD 20852. established list to reflect the current Rockville, MD 20852, 240-402-7500. • For written/paper comments range of tobacco products now subject : submitted to the Dockets Management to the Agency's tobacco product Anna Julia Adams or Matthew Brenner, Staff, FDA will post your comment, as Center for Tobacco Products, Food and well as any attachments, except for See ''Deeming Tobacco Products To Be Subject Drug Administration, Document Control 1information submitted, marked and to the Federal Food, Drug, and Cosmetic Act, as Center, Bldg. 71, Rm. G335, 10903 New identified, as confidential, if submitted Amended by the Family Smoking Prevention and Hampshire Ave., Silver Spring, MD Tobacco Control Act,'' 81 FR 28974 (May 10, 2016), as detailed in ''Instructions.'' codified at 21 CFR part 1100. On August 9, 2023, 20993-0002; 1-877-287-1373, Instructions: All submissions received the U.S. District Court for the District of Columbia CTPRegulations@fda.hhs.gov. must include the Docket No. FDA- issued an order vacating FDA's rule deeming 2026-N-2642 for ''Harmful and : tobacco products to be subject to FDA's tobacco Potentially Harmful Constituents in product authorities ''insofar as it applies to I. Introduction premium cigars.'' Cigar Ass'n of Am. v. FDA, No. Tobacco Products and Tobacco Smoke; 16-cv-01460, 2023 WL 5094869, at *6 (D.D.C. Aug. Established List Additions and Request The Family Smoking Prevention and 9, 2023), affirmed in part, reversed in part, and for Comments.'' Received comments, Tobacco Control Act (Pub. L. 111-31), remanded, 132 F.4th 535 (D.C. Cir. 2025). those filed in a timely manner (see enacted on June 22, 2009, amended the FDA revised the 2011 Guidance that discusses 2 the meaning of HPHC in the context of the HPHC FD&C Act by, among other things, ), will be placed in the docket ADDRESSES list requirement in August 2016. ''Harmful and and, except for those submitted as adding a new chapter (chapter IX) Potentially Harmful Constituents'' in Tobacco ''Confidential Submissions,'' publicly granting FDA the authority to regulate Products as Used in Section 904(e) of the Federal viewable at https://www.regulations.gov the manufacture, marketing, and Food, Drug, and Cosmetic Act available at https:// www.fda.gov/media/80109/download. or at the Dockets Management Staff distribution of tobacco products to ''Harmful and Potentially Harmful Constituents between 9 a.m. and 4 p.m., Monday protect the public health. Cigarettes, 3 in Tobacco Products and Tobacco Smoke; through Friday, 240-402-7500. cigarette tobacco, roll-your-own (RYO) Established List,'' 77 FR 20034 (April 3, 2012).

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by NIOSH as respiratory toxicants will authorities as well as the Agency's added to the established list to reflect growing scientific expertise with respect the current range of tobacco products be an additional criterion that will be to all tobacco products. In 2019, the subject to the Agency's tobacco product applied for determining whether a Agency requested comments on whether authorities as well as the Agency's constituent should be included on the 19 additional constituents should be growing scientific expertise with respect HPHC established list. The previously added to the HPHC established list. The to all tobacco products. The August established criteria for determining Agency has considered comments 2019 notice mentions FDA's application whether a constituent should be solicited from the public, as well as of existing criteria to deemed tobacco included on the established HPHC list scientific and other information, and products to propose the addition of includes constituents identified by the has added tobacco product constituents glycidol and ethylene glycol. Glycidol is EPA or ATSDR as having adverse a thermal byproduct of glycerol and a to the established HPHC list that FDA respiratory or cardiac effects. common component in e-liquids. currently believes are harmful or Considering information from NIOSH in Ethylene glycol, which has also been potentially harmful to health based on this regard is consistent with FDA's identified in e-liquids, adversely affects scientific evidence. FDA is adding 18 current practice of looking to other reproduction and development. The new constituents to the established list recognized, government experts such as notice also stated that FDA would consistent with the requirement in EPA or ATSDR for their ability to tentatively apply one additional section 904(e) of the FD&C Act to identify constituents as having adverse criterion regarding whether a periodically revise, as appropriate, the respiratory or cardiac effects. As constituent should be included on the established HPHC list (Table 1). In this indicated by the original criteria (the HPHC list: constituents identified by the document, we are also finalizing the April 2012 notice), FDA has previously National Institute for Occupational addition of a new criterion for whether considered this information from Safety and Health (NIOSH) as having a constituent should be added to the list NIOSH when determining whether a adverse respiratory effects. The notice and seeking comments on the proposed constituent is harmful or potentially also proposed diethylene glycol (DEG) addition of three new constituents to the harmful by including constituents be added to the list due to it being a list. identified by NIOSH as a potential potential contaminant in either glycerol occupational carcinogen as a current or propylene glycol. If ingested, DEG criterion. FDA first established the HPHC list on can cause kidney failure, neurological After review and consideration of the April 3, 2012 (77 FR 20034) (the April damage, and death. relevant comments received from the When determining whether a 2012 notice).The list currently 4August 2019 notice, FDA is adding 18 constituent should be included on the contains 93 HPHCs. The April 2012 of the 19 proposed constituents to the established HPHC list, FDA considers notice describes the history of the HPHC HPHC list. Although FDA proposed that whether there is evidence that the established list, and for additional ethyl acetoacetate be added to the list, constituent meets established criteria, background, we refer readers to that based on it having been tentatively such as determinations from third-party notice and the notice FDA published in identified as a respiratory toxicant, FDA scientific and public health the Federal Register on August 12, 2011 has determined that there is insufficient organizations like NIOSH, the (76 FR 50226) (the August 2011 notice), information to warrant its inclusion on in which we solicited public comment, the list at this time. FDA's or the Agency for Toxic Substances and including scientific and other determination is based on the fact that Disease Registry (ATSDR). As part of the information, concerning the HPHCs in ethyl acetoacetate does not meet any of Centers for Disease Control and tobacco products and tobacco smoke, the criteria for adding constituents to Prevention, NIOSH is the Federal such as constituents that should be the HPHC list, including that NIOSH agency responsible for conducting included on the HPHC established list, has not identified it as having adverse research and making science-based and the criteria used in determining respiratory effects. This determination recommendations to prevent work- whether a constituent is harmful or may be revised, consistent with the related illness and injuries, including potentially harmful such that it should directive in section 904(e) of the FD&C those related to human health hazards be included on the HPHC list. 5Act that FDA periodically revise the Further, on August 5, 2019 (84 FR and respiratory disease from inhalation established list as appropriate. The list exposures to toxicants. FDA has now 38032) (the August 2019 notice), FDA of the constituents added to the published a request for comments on 19 finalized its previously tentative established HPHC list is in Table 1.additional constituents proposed to be conclusion that constituents identified 6

1--L A C C C I FDA H ABLE DDITIONAL HEMICAL OMPOUNDS AS P H C T P T S ARMFUL OBACCO OBACCO MOKE

(RT), reproductive or developmental toxicant (RDT), poisonous chemical (PC)

TAcetic Acid ............................................................................................................................................... RT

Acetoin (also known as 3-hydroxy-2-butanone) ...................................................................................... RT

Acetyl Propionyl (also known as 2,3-pentanedione) ................................................................................ RT

Benzyl Acetate ......................................................................................................................................... RT

Butyraldehyde .......................................................................................................................................... RT

Diacetyl ..................................................................................................................................................... RT

Diethylene Glycol ..................................................................................................................................... PC

''Harmful and Potentially Harmful Constituents ''Harmful and Potentially Harmful Constituents See Appendix A for complete HPHC established 4 5 6in Tobacco Products and Tobacco Smoke; in Tobacco Products and Tobacco Smoke; Request list. Established List,'' 77 FR 20034 (April 3, 2012). for Comments,'' 76 FR 50226 (August 12, 2011).

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(RT), reproductive or developmental toxicant (RDT), poisonous chemical (PC)

Ethyl Acetate ............................................................................................................................................ RT

Ethylene Glycol ........................................................................................................................................ RT, RDT

Furfural ..................................................................................................................................................... RT

Glycerol .................................................................................................................................................... RT

Glycidol ..................................................................................................................................................... CA

Isoamyl Acetate ........................................................................................................................................ RT

Isobutyl Acetate ........................................................................................................................................ RT

Methyl Acetate ......................................................................................................................................... RT

n-Butanol .................................................................................................................................................. RT

Propionic Acid .......................................................................................................................................... RT

Propylene Glycol ...................................................................................................................................... RT

1. Request for Comments and review other disease outcomes to assess concluded that these three constituents meet the criteria used in determining whether additional chemicals or whether a constituent is harmful or chemical compounds in tobacco Based on the August 2019 notice, potentially harmful and should be products or tobacco smoke, including FDA received several comments that included on the HPHC established list, chemicals or chemical compounds in suggested adding constituents to the unless other scientific information the emissions from the range of tobacco established HPHC list beyond those obtained by or submitted to the Agency products now deemed to be subject to proposed in the notice. FDA has shows that the constituent is not, in fact, statutory authority under section 904(e) chapter IX of the FD&C Act, are harmful harmful or potentially harmful. of the FD&C Act and intends to continue or potentially harmful constituents that to revise the established HPHC list as contribute to the risk of other diseases; IV. Identification of HPHCs Is an additional criteria are defined and (2) our consideration of whether Ongoing Effort additional scientific information additional or different criteria should be FDA continues to review relevant becomes available. As a result of selected to help identify other classes of science to determine whether to add comments to the August 2019 notice, harmful or potentially harmful additional constituents to the list. That FDA is proposing to add three chemicals and chemical compounds for a constituent has not been so identified additional constituents to the inclusion on the HPHC established list by FDA or other entities could be established list and requests comments and whether individual constituents because it does not currently meet on the three proposed additions: should be added; and (3) our efforts to established criteria, it has not been pulegone, furfuryl alcohol, and methyl review new information to determine if adequately studied, or it has not yet eugenol. These constituents are often it would be appropriate to remove one been systematically reviewed. added to e-liquid formulations as or more of the constituents that appear Consistent with the obligations under flavors, but may also be present in other on the HPHC established list, or to add section 904(e) of the FD&C Act, FDA tobacco products, such as cigarettes and additional constituents to the list. smokeless tobacco. FDA has tentatively intends to continue: (1) our efforts to

A--E L C C C I FDA H PPENDIX HEMICAL OMPOUNDS AS H C T P T S ARMFUL OBACCO OBACCO MOKE

Acetaldehyde ............................................................................................................................................ CA, RT, AD

Acetamide ................................................................................................................................................ CA

Acetic Acid ............................................................................................................................................... RT

Acetoin (also known as 3-hydroxy-2-butanone) ...................................................................................... RT

Acetone .................................................................................................................................................... RT

Acetyl Propionyl (also known as 2,3-pentanedione) ................................................................................ RT

Acrolein .................................................................................................................................................... RT, CT

Acrylamide ................................................................................................................................................ CA

Acrylonitrile ............................................................................................................................................... CA, RT

Aflatoxin B1 .............................................................................................................................................. CA

4-Aminobiphenyl ....................................................................................................................................... CA

1-Aminonaphthalene ................................................................................................................................ CA

2-Aminonaphthalene ................................................................................................................................ CA

Ammonia .................................................................................................................................................. RT

Anabasine ................................................................................................................................................ AD

o-Anisidine ................................................................................................................................................ CA

Arsenic ..................................................................................................................................................... CA, CT, RDT

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21828 A--E L C C C I FDA H PPENDIX HEMICAL OMPOUNDS AS P H C T P T S ARMFUL OBACCO OBACCO MOKE

AA-a-C (2-Amino-9H-pyrido[2,3-b]indole) .................................................................................................. CA

Benz[a]anthracene ................................................................................................................................... CA, CT

Benz[j]aceanthrylene ................................................................................................................................ CA

Benzene ................................................................................................................................................... CA, CT, RDT

Benzo[b]fluoranthene ............................................................................................................................... CA, CT

Benzo[k]fluoranthene ............................................................................................................................... CA, CT

Benzo[b]furan ........................................................................................................................................... CA

Benzo[a]pyrene ........................................................................................................................................ CA

Benzo[c]phenanthrene ............................................................................................................................. CA

Benzyl Acetate ......................................................................................................................................... RT

Beryllium ................................................................................................................................................... CA

1,3-Butadiene ........................................................................................................................................... CA, RT, RDT

Butyraldehyde .......................................................................................................................................... RT

Cadmium .................................................................................................................................................. CA, RT, RDT

Caffeic acid .............................................................................................................................................. CA

Carbon monoxide ..................................................................................................................................... RDT

Catechol ................................................................................................................................................... CA

Chlorinated dioxins/furans ........................................................................................................................ CA, RDT

Chromium ................................................................................................................................................. CA, RT, RDT

Chrysene .................................................................................................................................................. CA, CT

Cobalt ....................................................................................................................................................... CA, CT

Coumarin .................................................................................................................................................. Banned in food

Cresols (o-, m-, and p-cresol) .................................................................................................................. CA, RT

Crotonaldehyde ........................................................................................................................................ CA

Cyclopenta[c,d]pyrene .............................................................................................................................. CA

Diacetyl ..................................................................................................................................................... RT

Dibenz[a,h]anthracene ............................................................................................................................. CA

Dibenzo[a,e]pyrene .................................................................................................................................. CA

Dibenzo[a,h]pyrene .................................................................................................................................. CA

Dibenzo[a,i]pyrene ................................................................................................................................... CA

Dibenzo[a,l]pyrene ................................................................................................................................... CA

Diethylene Glycol ..................................................................................................................................... PC

2,6-Dimethylaniline ................................................................................................................................... CA

Ethyl Acetate ............................................................................................................................................ RT

Ethyl carbamate (urethane) ..................................................................................................................... CA, RDT

Ethylbenzene ............................................................................................................................................ CA

Ethylene Glycol ........................................................................................................................................ RT, RDT

Ethylene oxide .......................................................................................................................................... CA, RT, RDT

Formaldehyde .......................................................................................................................................... CA, RT

Furan ........................................................................................................................................................ CA

Furfural ..................................................................................................................................................... RT Glu-P-1 (2-Amino-6-methyldipyrido[1,2-a:3′,2′-d]imidazole) ................................................................... CA

Glu-P-2 (2-Aminodipyrido[1,2-a:3′,2′-d]imidazole) .................................................................................. CA

Glycerol .................................................................................................................................................... RT

Glycidol ..................................................................................................................................................... CA

Hydrazine ................................................................................................................................................. CA, RT

Hydrogen cyanide .................................................................................................................................... RT, CT

Indeno[1,2,3-cd]pyrene ............................................................................................................................ CA

IQ (2-Amino-3-methylimidazo[4,5-f]quinoline) .......................................................................................... CA

Isoamyl Acetate ........................................................................................................................................ RT

Isobutyl Acetate ........................................................................................................................................ RT

Isoprene ................................................................................................................................................... CA

Lead ......................................................................................................................................................... CA, CT, RDT

MeA-a-C (2-Amino-3-methyl)-9H-pyrido[2,3-b]indole) ............................................................................. CA

Mercury .................................................................................................................................................... CA, RDT

Methyl Acetate ......................................................................................................................................... RT

Methyl Ethyl Ketone ................................................................................................................................. RT

5-Methylchrysene ..................................................................................................................................... CA

4-(Methylnitrosamino)-1-(3-pyridyl)-1-butanone (NNK) ............................................................................ CA

Naphthalene ............................................................................................................................................. CA, RT

n-Butanol .................................................................................................................................................. RT

Nickel ........................................................................................................................................................ CA, RT

Nicotine .................................................................................................................................................... RDT, AD

Nitrobenzene ............................................................................................................................................ CA, RT, RDT

Nitromethane ............................................................................................................................................ CA

2-Nitropropane ......................................................................................................................................... CA

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21829 A--ECCCIFDA H PPENDIXHEMICALOMPOUNDSASTPTSARMFULOBACCOOBACCOMOKE

N-Nitrosodiethanolamine (NDELA) .......................................................................................................... CA

N-Nitrosodiethylamine .............................................................................................................................. CA

N-Nitrosodimethylamine (NDMA) ............................................................................................................. CA

N-Nitrosomethylethylamine ...................................................................................................................... CA

N-Nitrosomorpholine (NMOR) .................................................................................................................. CA

N-Nitrosonornicotine (NNN) ..................................................................................................................... CA

N-Nitrosopiperidine (NPIP) ....................................................................................................................... CA

N-Nitrosopyrrolidine (NPYR) .................................................................................................................... CA

N-Nitrososarcosine (NSAR) ..................................................................................................................... CA

Nornicotine ............................................................................................................................................... AD

Phenol ...................................................................................................................................................... RT, CT

PhIP (2-Amino-1-methyl-6-phenylimidazo[4,5-b]pyridine) ........................................................................ CA

Polonium-210 ........................................................................................................................................... CA

Propionic Acid .......................................................................................................................................... RT

Propionaldehyde ...................................................................................................................................... RT, CT

Propylene Glycol ...................................................................................................................................... RT

Propylene oxide ....................................................................................................................................... CA, RT

Quinoline .................................................................................................................................................. CA

Selenium .................................................................................................................................................. RT

Styrene ..................................................................................................................................................... CA

o-Toluidine ................................................................................................................................................ CA

Toluene .................................................................................................................................................... RT, RDT

Trp-P-1 (3-Amino-1,4-dimethyl-5H-pyrido[4,3-b]indole) .......................................................................... CA

Trp-P-2 (1-Methyl-3-amino-5H-pyrido[4,3-b]indole ) ............................................................................... CA

Uranium-235 ............................................................................................................................................. CA, RT

Uranium-238 ............................................................................................................................................. CA, RT

Vinyl acetate ............................................................................................................................................. CA, RT

Vinyl chloride ............................................................................................................................................ CA

: The Rural Communities : SUMMARY Jillian Causey, Deputy Director, Rural Opioid Response Program--Behavioral Strategic Initiatives Division, Federal Health Care Technical Assistance Office of Rural Health Policy, HRSA, at (RCORP-TA) strengthens, through [FR Doc. 2026-07910 Filed 4-22-26; 8:45 am] jcausey@hrsa.gov and (301) 443-1493. technical assistance, rural organizations' capacity to develop multi-sector : consortia that can plan, implement, and Intended Recipient(s) of the Award: 1 sustain programs that improve access to Rural Communities Opioid Response and quality of behavioral health care Program--Behavioral Health Care services, including substance use Technical Assistance award. Health Resources and Services disorder/opioid use disorder services. Amount of Non-Competitive Award: This funded extension extends RCORP- $10,000,000. TA's one cooperative agreement award Notice of Funding Extension for the Project Period: September 1, 2026, to recipient from cohort fiscal year 2022, Rural Communities Opioid Response August 31, 2027. Program--Behavioral Health Care HRSA-22-064, for a one-time 1-year Assistance Listing Number: 93.912. Technical Assistance period (September 1, 2026, through Award Instrument: Cooperative August 31, 2027). The current recipient, : Health Resources and Services AGENCY Agreement. JBS International, Inc (U6BRH32364) Administration (HRSA), Department of was funded for a 4-year period of Authority: Section 711(b)(5) of the Health and Human Services. performance (September 1, 2022, Social Security Act (42 U.S.C. : Notice of funding extension. ACTIONthrough August 31, 2026). 912(b)(5)).

T 1--R ( ) A A ( ) AABLE PECIPIENT S HAND LWARD CMOUNT S

Grant No. Award recipient name City, state Award amount

U6BRH32364 .... JBS International, Inc ................................................ North Bethesda, MD .................................................. $10,000,000

Justification: This funding provides a Rural Communities Opioid Response Technical Assistance award recipient one-time 1-year extension of funding to Program--Behavioral Health Care with a budget period of September 1,

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2026-August 31, 2027. This extension name, address, telephone number and when will allow JBS International, Inc. to applicable, the business or professional build on past and ongoing technical affiliation of the interested person. In the interest of security, NIH has assistance provided to HRSA grant- procedures at https://security.nih.gov/ recipients, providing subject matter Center for Scientific Review; Notice of visitors/Pages/visitor-campus-access.aspx for expertise to help improve access and Closed Meetings entrance into on-campus and off-campus quality of behavioral health care facilities. All visitor vehicles, including services, including substance use Pursuant to section 1009 of the taxicabs, hotel, and airport shuttles will be disorder and opioid use disorder in Federal Advisory Committee Act, as inspected before being allowed on campus. rural communities. Project activities amended, notice is hereby given of the Visitors attending a meeting on campus or at that are within their currently approved following meetings. an off-campus federal facility will be asked scope of work and will be extended for The meetings will be closed to the to show one form of identification (for one budget period include trainings/ public in accordance with the example, a government-issued photo ID, webinars, coordination of peer provisions set forth in sections driver's license, or passport) and to state the networking and coaching opportunities, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., purpose of their visit. site visits, learning collaboratives, and as amended. The grant applications and Information is also available on the the annual in-person grantee meeting. the discussions could disclose Institute's/Center's home page: https:// confidential trade secrets or commercial www.nhlbi.nih.gov/about/advisory-and-peer- Margaret. M. Bush, property such as patentable material, review-committees/advisory-council, where Deputy Administrator. an agenda and any additional information for and personal information concerning

[FR Doc. 2026-07876 Filed 4-22-26; 8:45 am] the meeting will be posted when available. individuals associated with the grant

applications, the disclosure of which (Catalogue of Federal Domestic Assistance BILLING CODE 4165-15-P would constitute a clearly unwarranted Program Nos. 93.233, National Center for Sleep Disorders Research; 93.837, Heart and invasion of personal privacy. Vascular Diseases Research; 93.838, Lung Name of Committee: Center for Scientific Diseases Research; 93.839, Blood Diseases Review Special Emphasis Panel; and Resources Research, National Institutes Therapeutics and Mammalian Models in of Health, HHS) Cancer. National Heart, Lung, and Blood Date: May 28, 2026. Institute; Notice of Closed Meeting Time: 1:00 p.m. to 5:00 p.m. Denise M. Santeufemio, Agenda: To review and evaluate grant Supervisory Program Analyst, Office of Pursuant to section 1009 of the applications. Federal Advisory Committee Policy. Federal Advisory Committee Act, as Address: National Institutes of Health, amended, notice is hereby given of a Rockledge II, 6701 Rockledge Drive, [FR Doc. 2026-07912 Filed 4-22-26; 8:45 am] Bethesda, MD 20892. meeting of the National Heart, Lung, BILLING CODE 4167-05-P Meeting Format: Virtual Meeting. and Blood Advisory Council. Contact Person: Maureen Shuh, Ph.D., The meeting will be closed to the Scientific Review Officer, Center for public in accordance with the Scientific Review, National Institutes of provisions set forth in sections Health, 6701 Rockledge Drive, Bethesda, MD 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 20892, (301) 480-4097, maureen.shuh@as amended. The grant applications and nih.gov. the discussions could disclose Name of Committee: Cell Biology Center for Scientific Review; Amended confidential trade secrets or commercial Integrated Review Group; Cellular Signaling Notice of Meeting property such as patentable material, and Regulatory Systems Study Section. and personal information concerning Date: June 2, 2026. Notice is hereby given of a change in individuals associated with the grant Time: 10:00 a.m. to 6:00 p.m. the meeting of the Center for Scientific Agenda: To review and evaluate grant applications, the disclosure of which Review Special Emphasis Panel, applications. would constitute a clearly unwarranted Training and Career Development: Address: National Institutes of Health, invasion of personal privacy. Behavioral Neuroscience, May 13, 2026, Rockledge II, 6701 Rockledge Drive, 09:00 a.m. to May 14, 2026, 06:00 p.m., Name of Committee: National Heart, Lung, Bethesda, MD 20892. National Institutes of Health, Rockledge and Blood Advisory Council. Meeting Format: Virtual Meeting. Date: June 9, 2026. Contact Person: Jimok Kim, Ph.D., II, 6701 Rockledge Drive, Bethesda, MD Closed: 12:00 p.m. to 4:00 p.m. Scientific Review Officer, Center for 20892 which was published in the Agenda: To review and evaluate grant Scientific Review, 6701 Rockledge Drive, Federal Register on April 16, 2026, 91 applications. Bethesda, MD 20892, (301) 827-6918, FR 20473, Doc. No. 2026-07338. Address: National Institutes of Health, jimok.kim@nih.gov. This meeting is being amended to Claude D. Pepper Building, 31 Center Drive, Name of Committee: Integrative, change the Panel Name from Training Bethesda, MD 20894. Functional and Cognitive Neuroscience Meeting Format: In-Person. and Career Development: Behavioral Integrated Review Group; Neuroscience of Contact Person: Charisee Lamar, Ph.D., Neuroscience to Training and Career Basic Visual Processes Study Section. M.P.H., R.R.T., Director, Division of Date: June 4, 2026. Development Review. The meeting is Extramural Research Activities, National Time: 10:00 a.m. to 6:00 p.m. closed to the public. Heart, Lung, and Blood Institute, National Agenda: To review and evaluate grant Institutes of Health, 6705 Rockledge Drive, applications. Room 206-Q, Bethesda, MD 20892, 301-827- Address: National Institutes of Health, Sterlyn H. Gibson, 5517, lamarc@mail.nih.gov. Rockledge II, 6701 Rockledge Drive, Program Specialist, Office of Federal Advisory Any interested person may file written Bethesda, MD 20892. Committee Policy. comments with the committee by forwarding Meeting Format: Virtual Meeting. [FR Doc. 2026-07978 Filed 4-22-26; 8:45 am] the statement to the Contact Person listed on Contact Person: Kirk Thompson, Ph.D., this notice. The statement should include the Scientific Review Officer, Center for BILLING CODE 4167-05-P

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DEPARTMENT OF HOMELAND Scientific Review, National Institutes of Contact Person: Charisee Lamar, Ph.D., Health, 6701 Rockledge Drive, Room 5184, SECURITY M.P.H., R.R.T., Director, Division of MSC 7844, Bethesda, MD 20892, 301-435- Extramural Research Activities, National 1242, kgt@mail.nih.gov Transportation Security Administration Heart, Lung, and Blood Institute, National Name of Committee: Center for Scientific Institutes of Health, 6705 Rockledge Drive, Intent To Request Approval From OMB Review Special Emphasis Panel Combined Room 206-Q, Bethesda, MD 20892, 301-827- Cardiovascular Biology and Hematology. of One New Public Collection of 5517, lamarc@mail.nih.gov. Date: June 11, 2026. Information: Insider Threat Incident Registration is not required to attend the Time: 9:00 a.m. to 8:00 p.m. Reporting Tool open portion of this meeting. Agenda: To review and evaluate grant Any member of the public interested in applications. : Transportation Security AGENCYAddress: National Institutes of Health, presenting oral comments to the committee Administration, DHS. Rockledge II, 6701 Rockledge Drive, may notify the Contact Person listed on this ACTIONBethesda, MD 20892. notice at least 10 days in advance of the Meeting Format: Virtual Meeting. meeting. Interested individuals and : The Transportation Security SUMMARYContact Person: Natalia Komissarova, representatives of an organization may Administration (TSA) invites public Ph.D., Scientific Review Officer Center for submit a letter of intent, a brief description comment on a new Information Scientific Review, National Institutes of of the organization represented and a short Health, 6701 Rockledge Drive, Room 5207, Collection Request (ICR) abstracted description of the oral presentation. Only one MSC 7846, Bethesda, MD 20892, 301-435- below that we will submit to the Office representative of an organization may be 1206, komissar@mail.nih.gov. allowed to present oral comments and (Catalogue of Federal Domestic Assistance approval in compliance with the presentations may be limited to five minutes. Program Nos. 93.306, Comparative Medicine; Paperwork Reduction Act (PRA). The Both printed and electronic copies are 93.333, Clinical Research, 93.306, 93.333, ICR describes the nature of the 93.337, 93.393-93.396, 93.837-93.844, requested for the record. In addition, any information collection and its expected 93.846-93.878, 93.892, 93.893, National interested person may file written comments burden. The collection involves the Institutes of Health, HHS) with the committee by forwarding the submission of details by the public, statement to the Contact Person listed on this concerning potential insider threats, as notice. The statement should include the Sterlyn H. Gibson, well as any pertinent information name, address, telephone number and when Program Specialist, Office of Federal Advisory regarding the person(s) involved in the applicable, the business or professional Committee Policy. reported event. affiliation of the interested person. [FR Doc. 2026-07977 Filed 4-22-26; 8:45 am] : Send your comments by June 22, In the interest of security, NIH has DATES2026. BILLING CODE 4167-05-P procedures at https://security.nih.gov/

visitors/Pages/visitor-campus-access.aspx for : Comments may be emailed ADDRESSESentrance into on-campus and off-campus to TSAPRA@tsa.dhs.gov or delivered to facilities. All visitor vehicles, including the TSA PRA Officer, Information taxicabs, hotel, and airport shuttles will be Technology, TSA-11, Transportation inspected before being allowed on campus. Security Administration, 6595 Visitors attending a meeting on campus or at Springfield Center Drive, Springfield, National Heart, Lung, and Blood an off-campus federal facility will be asked VA 20598-6011. Institute; Notice of Open Meeting to show one form of identification (for : example, a government-issued photo ID, Pursuant to section 1009 of the Christina A. Walsh at the above address, driver's license, or passport) and to state the Federal Advisory Committee Act, as or by telephone (571) 227-2062. purpose of their visit. amended, notice is hereby given of a : Information is also available on the meeting of the National Heart, Lung, Institute's/Center's home page: https://and Blood Advisory Council. www.nhlbi.nih.gov/about/advisory-and-peer- The meeting will be open to the In accordance with the Paperwork review-committees/advisory-council where public, with attendance limited to space an agenda and any additional information for available. Individuals who plan to et seq.), an agency may not conduct or the meeting will be posted when available. attend and need special assistance, such (Catalogue of Federal Domestic Assistance as sign language interpretation or other respond to, a collection of information Program Nos. 93.233, National Center for reasonable accommodations, should unless it displays a valid OMB control Sleep Disorders Research; 93.837, Heart and notify the Contact Person listed below number. The ICR documentation will be Vascular Diseases Research; 93.838, Lung in advance of the meeting. The open available at https://www.reginfo.gov Diseases Research; 93.839, Blood Diseases session will be videocast and can be upon its submission to OMB. Therefore, and Resources Research, National Institutes accessed from the NIH Videocasting and in preparation for OMB review and of Health, HHS) Podcasting website at https:// approval of the following information www.nhlbi.nih.gov/about/advisory-and- collection, TSA is soliciting comments peer-review-committees/advisory- Denise M. Santeufemio, to-- council. (1) Evaluate whether the proposed Supervisory Program Analyst, Office of

Federal Advisory Committee Policy. information requirement is necessary for Name of Committee: National Heart, Lung, the proper performance of the functions and Blood Advisory Council. [FR Doc. 2026-07911 Filed 4-22-26; 8:45 am] Date: June 9, 2026. of the agency, including whether the BILLING CODE 4167-05-P Open: 8:30 a.m. to 12:00 p.m.

Agenda: To discuss program policies and (2) Evaluate the accuracy of the issues. agency's estimate of the burden; Place: National Institutes of Health, Claude (3) Enhance the quality, utility, and D. Pepper Building, 31 Center Drive, Bethesda, MD 20894. collected; and Meeting Format: In-Person.

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aviation, mass transit, and maritime (4) Minimize the burden of the sectors, as well as with state and local Christina A. Walsh, are to respond, including using law enforcement. Paperwork Reduction Act Officer, Information Technology, Transportation To ensure consistency with the Security Administration. directive, TSA created the Insider

[FR Doc. 2026-07857 Filed 4-22-26; 8:45 am] Threat Reporting Tool, which collects information technology. information on potential insider threats. BILLING CODE 9110-05-P Information Collection Requirement TSA is requesting OMB's approval of

the Insider Threat Incident Reporting Under the Aviation and Tool as a Common Form to permit Transportation Security Act, TSA is Federal agency users beyond the agency responsible for security in all modes of Fish and Wildlife Service that created the form (e.g., DHS or U.S. transportation, including screening Office of Personnel Management) to [Docket No. FWS-HQ-IA-2025-0672; operations for passenger air FXIA16710900000-267-FF09A30000] streamline the information collection transportation and for carrying out such process in coordination with OMB. other duties it considers appropriate Foreign Endangered Species; Receipt relating to transportation security. of Permit Application 1Purpose and Description of Data Under DHS Instruction 262-05-002, : Fish and Wildlife Service, ''Information Sharing and Safeguarding: AGENCY Interior. Insider Threat Program,'' issued on The Insider Threat Incident Reporting October 1, 2019, DHS established : Notice of receipt of permit Tool is an online application where the ACTIONrequirements, standards, and assigned application; request for comments. public can submit inquiries regarding responsibilities for DHS agencies to potential insider threats by providing : We, the U.S. Fish and implement an insider threat detection SUMMARYpersonal information and other specific Wildlife Service (Service), invite the and prevention program. This data regarding the person or situation public to comment on an application to documents also defines ''Insider Threat'' deemed to be an insider threat. TSA conduct certain activities with foreign and ''Insider.'' An ''insider'' is any uses the information collected to review species that are listed as endangered person who has or who had authorized the potential insider threats and to under the Endangered Species Act access to any DHS facility, information, determine if further evaluation and (ESA). With some exceptions, the ESA equipment, network, or system. An follow-up is necessary. The collection prohibits activities with listed species ''Insider Threat'' is defined as the threat may include individual personal unless Federal authorization is issued that an insider will use his or her information and/or appearance, and the that allows such activities. The ESA also authorized access, wittingly or details surrounding the situation alleged requires that we invite public comment unwittingly, to do harm to the to be the potential insider threat. TSA before issuing permits for any activity Department's mission, resources, requires submitters to attest that all otherwise prohibited by the ESA with personnel, facilities, information, respect to any endangered species. information submitted is true. equipment, networks, or systems. TSA created the Insider Threat : We must receive comments by The likely respondents to this DATESProgram in compliance with the DHS proposed information collection are any Instruction's requirements for DHS To ensure your comment is received person who has or who had authorized components. The program's purpose is and considered, you must submit it access to any DHS facility, information, to detect, deter, and mitigate threats that using one of the methods identified in equipment, network, or system, an individual with authorized access to the including individuals detailed or ADDRESSESsensitive areas and/or information, Comments submitted through any assigned to DHS. TSA estimates that an wittingly or unwittingly misuse or allow method not authorized in this average of approximately 312 others to misuse this access to exploit document, or sent to an address not respondents will be completing the vulnerabilities in an effort to listed here, will not be considered. Insider Threat Incident Reporting Tool compromise security, facilitate criminal : annually. TSA estimates that it takes ADDRESSESactivity, terrorism, or other illicit Obtaining Documents: The approximately 10 minutes (0.16667 actions that inflict harm to people, application, application supporting hours) to complete and submit the organizations, the transportation system, materials, and any comments and other report, resulting in the annual burden of or national security, including materials that we receive will be 52 hours. transportation sector personnel, available for public inspection at operations, information, systems and Use of Results https://www.regulations.gov in Docket critical infrastructure. The program No. FWS-HQ-IA-2025-0672. TSA Insider Threat Reporting Tool operates as a partnership among TSA, Submitting Comments: All will use the reported information to submissions must include the docket detect, prevent and mitigate threats. In number FWS-HQ-IA-2025-0672 for See sec. 101(a) of the Aviation and 1compliance with the Government Transportation Security Act, Public Law 107-71 this document. You must submit (115 Stat. 597-598, Nov. 19, 2001), as codified at Paperwork Elimination Act, the comments using one of the following 49 U.S.C. 114(d) and (f). See also Memorandum, collection uses an online web tool, methods: Expanding the Scope of the Department of available at https://www.tsa.gov/travel/ • Internet: https://Homeland Security Insider Threat Program (submitted Dec. 7, 2016, approved Jan. 3, 2017); insider-threat. All submissions are sent www.regulations.gov. Search for and Presidential Memorandum, National Insider Threat through a secure TSA internal network submit comments on Docket No. FWS- Policy and Minimum Standards for Executive drive accessible only by authorized HQ-IA-2025-0672. Branch Insider Threat Programs (Nov. 21, 2012); • U.S. mail: Public Comments personnel. TSA will protect the Executive Order 13587, Structural Reforms To Improve the Security of Classified Networks and the information in accordance with DHS Processing, Attn: Docket No. FWS-HQ- Responsible Sharing and Safeguarding of Classified Directive 262-05-002. IA-2025-0672; U.S. Fish and Wildlife Information, 76 FR 63811 (October 7, 2011).

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China, for the purpose of enhancing the Service Headquarters, MS: PRB/3W; B. May I review comments submitted by propagation or survival of the species. 5275 Leesburg Pike; Falls Church, VA others? This notification is for a single import. 22041-3803. You may view and comment on Comments submitted through any others' public comments at https://IV. Next Steps method not authorized in this www.regulations.gov unless our After the comment period closes, we document, or sent to an address not allowing so would violate the Privacy will make decisions regarding permit listed here, will not be considered. We Act (5 U.S.C. 552a) or Freedom of issuance. If we issue permits to the will not accept comments via email, fax, Information Act (5 U.S.C. 552). applicant listed in this notice, we will or hand delivery. We are not required to C. Who will see my comments? publish a notice in the Federal Register. consider comments that are submitted You may locate the notice announcing If you submit a comment at https://after the comment period ends or that the permit issuance by searching www.regulations.gov, your entire are submitted via a method outside of https://www.regulations.gov for the comment, including any personal these instructions. Comments permit number listed above in this identifying information, will be posted containing profanity, vulgarity, threats, document. For example, to find on the website. If you submit a or other inappropriate content will not information about the potential issuance hardcopy comment that includes be considered. of Permit No. 12345A, you would go to personal identifying information, such For more information, see Public as your address, phone number, or Comment Procedures under for ''12345A''. email address, you may request at the . top of your document that we withhold V. Authority : this information from public review. We issue this notice under the Timothy MacDonald, by phone at 703- However, we cannot guarantee that we authority of the Endangered Species Act 358-2185 or via email at DMAFR@will be able to do so. Moreover, all of 1973, as amended (16 U.S.C. 1531 et fws.gov. Individuals in the United States submissions from organizations or seq.), and its implementing regulations. who are deaf, deafblind, hard of hearing, businesses, and from individuals or have a speech disability may dial 711 identifying themselves as Scott Carleton, (TTY, TDD, or TeleBraille) to access representatives or officials of Acting Branch Manager, Branch of Permits, organizations or businesses, will be Division of Management Authority. Individuals outside the United States made available for public disclosure in [FR Doc. 2026-07929 Filed 4-22-26; 8:45 am] should use the relay services offered their entirety. within their country to make BILLING CODE 4333-15-P international calls to the point-of- To help us carry out our conservation contact in the United States. responsibilities for affected species, and : in consideration of section 10(c) of the Bureau of Indian Affairs ESA of 1973, as amended (16 U.S.C. I. Public Comment Procedures 1531 et seq.), we invite public [267A2100DD/AAKC001030/ A. How do I comment on submitted A0A501010.000000] comments on permit applications before applications? final action is taken. With some Notice of Public Meeting of the exceptions, the ESA prohibits certain We invite the public and local, State, Advisory Board for Exceptional activities with listed species unless Tribal, and Federal agencies to comment Children Federal authorization is issued that on this application. Before issuing the allows such activities. Permits issued : Bureau of Indian Affairs, requested permit, we will take into AGENCYunder section 10(a)(1)(A) of the ESA Interior. consideration any information that we allow otherwise prohibited activities for receive during the public comment ACTIONscientific purposes or to enhance the period. propagation or survival of the affected SUMMARYYou may submit your comments and species. Service regulations regarding Federal Advisory Committee Act materials by one of the methods in prohibited activities with endangered (FACA) of 1972, the Bureau of Indian . We will not consider ADDRESSESspecies, captive-bred wildlife Education (BIE) is publishing this notice comments sent by email or to an address registrations, and permits for any to announce that the Advisory Board for not in . We will not consider ADDRESSESactivity otherwise prohibited by the Exceptional Children (Advisory Board) or include in our administrative record ESA with respect to any endangered will hold a two-day in-person and comments we receive after the close of species are available in title 50 of the virtual meeting. The purpose of the the comment period (see ). DATESCode of Federal Regulations in part 17. meeting is to meet the mandates of the When submitting comments, please Individuals with Disabilities Education III. Permit Application specify the name of the applicant and Act of 2004 (IDEA) for Indian children the permit number at the beginning of We invite comments on the following with disabilities. your comment. Provide sufficient application. : The BIE Advisory Board meeting DATESinformation to allow us to authenticate will be held Thursday, April 30, 2026, Applicant: Atlanta-Fulton County Zoo any scientific or commercial data you from 12:30 p.m. to 4:00 p.m., Mountain dba Zoo Atlanta, Atlanta, GA; Permit include. The comments and Daylight Time (MDT) and Friday, May No. PER22760642 recommendations that will be most 1, 2026, from 8:00 a.m. to 4:00 p.m. useful and likely to influence agency The applicant requests a permit to (MDT). decisions are: (1) Those supported by import one male and one female

: The Advisory Board captive-bred giant panda (Ailuropoda quantitative information or studies; and ADDRESSESmelanoleuca) from the Chengdu (2) those that include citations to, and meetings will be conducted in-person analyses of, the applicable laws and Research Base of Giant Panda Breeding, and online. The onsite meeting location regulations. Sichuan, the People's Republic of will be located at the National Indian

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Programs Training Center, 1011 Indian Æ The Sovereignty in Indian School Rd. NW, Albuquerque, NM Education Office will provide Special

1. To attend virtually, participants Education, Part C, Early Childhood may use this link to register: https:// Program information regarding trends, [N7104; NPS-WASO-NAGPRA- www.zoomgov.com/meeting/register/ strengths and challenges. NPS0042663; PPWOCRADN0- ADahVSYgQm2KnSdJZPOmtg. Æ The BIE's Division of Performance Attendees register once and can and Accountability will provide BIE attend one or both meeting events. After Special Education updates about: registering, you will receive a Thornton W. Burgess Society, East Special Education Handbook rollout confirmation email containing Sandwich, MA update and the FFY 2024 SPP/APR information about joining the meeting. Update and participant input. In Comments: Public comments can be AGENCY conclusion, the Advisory Board will be : Notice. emailed to the Designated Federal ACTION provided work time, and there will be Officer (DFO), Jennifer Davis, at one public comment session provided. SUMMARYJennifer.Davis@bie.edu; or faxed to (602) • On May 1, 2026, at 8:00 a.m. (MDT) 265-0293 Attention: Jennifer Davis, the BIE Advisory Board meeting will DFO; or mailed or hand delivered to the Thornton W. Burgess Society intends to begin, and the agenda is as follows: Bureau of Indian Education, Attention: repatriate a certain cultural item that Jennifer Davis, DFO, 2600 N Central Æ Roll call, new business, and old meets the definition of a sacred object Ave., 12th floor, Suite 250, Phoenix, AZ business. and that has a cultural affiliation with 85004. Æ The Advisory Board will be the Indian Tribes or Native Hawaiian : provided with time to work on priorities Jennifer Davis, Designated Federal and the next meeting logistics. DATESOfficer, Bureau of Indian Education, • Opportunities to provide public 2600 N Central Ave., 12th floor, Suite comment will be offered on Thursday, 26, 2026. 250, Phoenix, AZ 85004; April 30, 2026, from 2:00 p.m.to 2:15 Jennifer.Davis@bie.edu; or (202) 860- ADDRESSES p.m. (MDT) and Friday, May 1, 2026, 7845. Individuals in the United States from 9:45 a.m. to 4:00 p.m. (MDT). item in this notice to Stephen Miles who are deaf, deafblind, hard of hearing, Æ Public comments can be provided Uzzo, Thornton W. Burges Society, 6 or have a speech disability may dial 711 verbally via webinar or in writing using Discovery Hill Road, East Sandwich, (TTY, TDD, or TeleBraille) to access the chat box. Please use the online MA 02537, email suzzo@ccmnh.org. access codes as listed below. : This Individuals outside the United States should use the relay services offered Public comments can also be emailed within their country to make to the DFO (see international calls to the point-of- ). contact in the United States. Request for Accommodations: Please sole responsibility of the Thornton W. : This make requests in advance for sign Burgess Society, and additional meeting is being held under the language interpreter services, assistive provisions of the FACA of 1972 (5 listening devices, or other reasonable U.S.C. Ch. 10), the Government in the accommodations. Please contact the Sunshine Act of 1976 (5 U.S.C. 552b, as person listed in the section (see FORamended), and 41 CFR part 102-3. The ) at least Advisory Board was established under seven (7) business days prior to the the Individuals with Disabilities Act of meeting to give the Department of the 2004 (20 U.S.C. 1400 et seq.) to advise Interior sufficient time to process your the Secretary of the Interior, through the request. All reasonable accommodation Assistant Secretary--Indian Affairs, on requests are managed on a case-by-case requested for repatriation in this notice. the needs of Indian children with basis. The one sacred object is Kapa (Tapa). It disabilities. All meetings, including Public Disclosure of Comments: is recorded as probably of Pacific Island virtual sessions, are open to the public Before including your address, phone origin which came to the Thornton W. in their entirety. number, email address, or other Burgess Society in 1983. The item was Prior to the start of the public meeting personal identifying information in your part of a donation from the collections on April 30, 2026, the Advisory Board comment, you should be aware that of Alfred E. Hoxie of East Sandwich and members will be provided with an your entire comment--including your were donated to the Society by his orientation and Department of the personal identifying information--may daughter. Interior Ethics Training from 8:00 a.m. be made publicly available at any time. to 11:00 a.m. (MDT). This presentation While you can ask us in your comment is for Advisory Board members only. to withhold your personal identifying The Thornton W. Burgess Society has Meeting Agenda Items information from public review, we • The one sacred object described in cannot guarantee that we will be able to The following agenda items will be do so. this notice is a specific ceremonial for the April 30, 2026, and May 1, 2026, object needed by a traditional Native meetings: Authority: 5 U.S.C. Ch. 10. • On April 30, 2026, at 12:30 p.m. William Henry Kirkland, III, (MDT), the BIE Advisory Board meeting Assistant Secretary--Indian Affairs. will begin, and the agenda is as follows: Æ Roll call, new business, and old [FR Doc. 2026-07856 Filed 4-22-26; 8:45 am] business. BILLING CODE 4337-15-P

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notice.

DATES ADDRESSES

this notice to Kathryn Cook Collins, Mesa Verde National Park, P.O. Box 8, Mesa Verde National Park, CO 81330, under received, Mesa Verde National Park ADDRESSESemail kayci_cook@nps.gov.

: This

remains are considered a single request and not competing requests. The Mesa Verde National Park is responsible for sole responsibility of Mesa Verde National Park, and additional

inventory or related records. the Thornton W. Burgess Society must one individual has been identified. No for joint repatriation of the cultural item The individual, represented by two long competing requests. The Thornton W. strands of human hair cordage and two Burgess Society is responsible for [FR Doc. 2026-07943 Filed 4-22-26; 8:45 am] corn husks with human hair matting came from the Canyon Diablo, Arizona area in 1900, was donated by a private individual to Mesa Verde National Park and to any other consulting parties. in 1963. Each item is identified in the catalog record as belonging to the Hopi. There is no known lineal descendant. [N7107; NPS-WASO-NAGPRA- There is no record or evidence of NPS0042667; PPWOCRADN0- treatment with a hazardous substance.

Notice of Intended Repatriation: Yale Peabody Museum, Yale University, New Haven, CT [FR Doc. 2026-07954 Filed 4-22-26; 8:45 am]

AGENCY : Notice. ACTION SUMMARY

Mesa Verde National Park has Repatriation Act (NAGPRA), the Yale [N7094; NPS-WASO-NAGPRA- Peabody Museum, Yale University, NPS0042625; PPWOCRADN0- items that meet the definition of unassociated funerary objects and that Notice of Inventory Completion: U.S. have a cultural affiliation with the Department of the Interior, National Indian Tribes in this notice. Park Service, Mesa Verde National

Park, CO DATES and the Hopi Tribe of Arizona.

AGENCY 26, 2026. : Notice. ACTION ADDRESSES

SUMMARY items in this notice to Professor Erika

Edwards, Interim Director, Yale Repatriation Act (NAGPRA), U.S. Peabody Museum, P.O. Box 208118, Department of the Interior, National ADDRESSESNew Haven, CT 06520-8118, email Park Service, Mesa Verde National Park erika.edwards@yale.edu. has completed an inventory of human

: This

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and associated funerary objects and Indian Tribes in this notice. • There is a reasonable connection DATESbetween the cultural items described in sole responsibility of the Yale Peabody this notice and the Mashantucket Museum, and additional information on Pequot Indian Tribe and the Mohegan the determinations in this notice, 26, 2026. Tribe of Indians of Connecticut. ADDRESSES to Professor Erika Edwards, Interim Director, Yale Peabody Museum, P.O. Box 208118, New Haven, CT 06520- 8118, email erika.edwards@yale.edu. under A total of eight cultural items have ADDRESSES : This been requested for repatriation. A total of one unassociated funerary object is one lot of commingled items that are quartz and soapstone fragments, unmodified faunal remains, and a clay sole responsibility of the Yale Peabody pipe stem. The cultural items were Museum, and additional information on removed from the Tubbs Site in Niantic, the determinations in this notice, Connecticut, during a Yale University archaeological field school at an can be found in its inventory or related adjacent site in 1946, with the permission of landowner Chapin Hubbell. Yale faculty and curators the Yale Peabody Museum must donated the collection to the Peabody Museum on March 24, 1946. A total of four unassociated funerary objects are one lot of ceramic vessel five individuals have been identified. fragments, one lot of clay pipe No associated funerary objects are and not competing requests. The Yale fragments, one lot of stone items, and present. The collection was donated to Peabody Museum is responsible for one lot of faunal remains that were the Yale Peabody Museum on February removed from the Tubbs Site between 9, 1899, by Gertrude McCurdy Lord Indian Tribes identified in this notice 1932 and 1934 by Edward H. Rogers. Griffin on behalf of her husband, Dr. and to any other consulting parties. Rogers donated the items to the Peabody Edward Dorr Griffin. Peabody Museum Museum on December 1, 1960. records indicate that Dr. Griffin A total of three unassociated funerary collected the remains; however, an exact objects are one lot of ceramic vessel provenience beyond Old Lyme, fragments, one lot of clay pipe Connecticut, where the Griffins resided, Dated: April 17, 2026, fragments, and one lot of commingled was not recorded. and assorted items were also removed by Rogers from the Tubbs Site. Rogers removed the collections between 1932 The four associated funerary objects are [FR Doc. 2026-07957 Filed 4-22-26; 8:45 am] and 1935 and donated the items to the one quartz projectile fragment, one lot of Peabody Museum on January 15, 1970. faunal remains, one bird bone whistle, and one polished stone ax. The collection was excavated from the Old The Yale Peabody Museum has Lyme Site, an extensive shell heap, in Old Lyme, Connecticut, by George A. • The eight unassociated funerary Jackson, representing the Yale [N7108; NPS-WASO-NAGPRA- objects described in this notice are University Department of Anthropology NPS0042668; PPWOCRADN0- and Yale Peabody Museum summer archaeology field expedition of 1939. Notice of Inventory Completion: Yale The collection was received at the Peabody Museum, Yale University, Peabody Museum on July 1, 1939. New Haven, CT

AGENCY The 11 associated funerary objects are : Notice. ACTION five quartz projectile points, one lot of

quartz projectile rejects, one projectile SUMMARYunassociated funerary objects have been fragment, one bone (faunal) projectile Repatriation Act (NAGPRA), the Yale point, two antler tines, and one ceramic Peabody Museum has completed an pottery fragment. The collection was excavated from the Old Lyme Site inventory of human remains and during a second field season in 1940, by associated funerary objects and has Alexis A. Praus, and additional students from the Yale University Department of

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Anthropology and Yale Peabody Museum. The collection was received at the Peabody Museum on September 20, remains of 16 individuals of Native 1941. [N7092; NPS-WASO-NAGPRA- • The 24 objects described in this NPS0042621; PPWOCRADN0- one individual have been identified. The five associated funerary objects are one lot of incised ceramic pottery

Brooklyn Museum, Brooklyn, NY fragments, one lot of quartz chips, one lot of charcoal, one lot of food (faunal) AGENCYrefuse, and one lot of comingled and : Notice. ACTIONassorted pottery, stone chips, charcoal, and bone (faunal) fragments. Collections SUMMARYremoved from the Clark Site, private farmland in Niantic, Connecticut, Mashantucket Pequot Indian Tribe and situated off Smith's Cove and the Brooklyn Museum intends to repatriate the Mohegan Tribe of Indians of Niantic River, were excavated in 1946 a certain cultural item that meets the Connecticut. by Byron Clark, landowner, and Chapin definition of an unassociated funerary Hubbell, a member of the object and that has a cultural affiliation Archaeological Society of Connecticut. with the Indian Tribes or Native Excavations were also supported by the Hawaiian organizations in this notice. Yale University Department of DATESAnthropology and Yale Peabody Museum. The collection removed from 26, 2026. the Clark Site in 1946, was received at ADDRESSESADDRESSESthe Peabody Museum on March 24,

1. item in this notice to Dare Turner, Tribes identified in this notice. Brooklyn Museum, 200 Eastern one individual have been identified. Parkway, Brooklyn, NY 11238-6052, The three associated funerary objects are email dare.turner@two ceramic pottery fragments and one brooklynmuseum.org. lot of ceramic pottery fragments. A : This subsequent field season at the Clark Site in 1947 was supported by the Yale University Department of Anthropology, Yale Peabody Museum, and Archaeological Society of Connecticut. sole responsibility of the Brooklyn The collection was donated to the Museum and additional information on Peabody Museum on March 15, 1947. the determinations in this notice, five individuals have been identified. The one associated funerary object is a received, the Yale Peabody Museum quartz pecking stone. Beginning in 1907, the collection was removed from the South Woodstock Site, South Woodstock, Connecticut, over several decades by landowner, Arthur Basto. In cooperation with Basto, between August requested for repatriation. The one competing requests. The Yale Peabody and September 1940, the Yale unassociated funerary object is a steatite University Department of Anthropology manta ray effigy with Olivella shell and Yale Peabody Museum field school inlays. The item was acquired by also removed collections from the South Alistair Martin of New York in 1951 Woodstock Site. The field school from an unknown source. Martin collections were donated to the Peabody donated the item to the Brooklyn Museum on September 20, 1940, while Museum in 1977. Museum records and Basto donated his collections on April archaeological and anthropological 26, 1947. scholarship identify the item as Chumash in origin. This cultural affiliation was confirmed through Tribal consultation and traditional knowledge. There is no specific record of hazardous substances used in the [FR Doc. 2026-07958 Filed 4-22-26; 8:45 am] treatment of the unassociated funerary object. However, the Brooklyn Museum has historically used pesticides containing arsenic and heavy metals on The Yale Peabody Museum has other collections and in collection spaces.

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The Brooklyn Museum has

• The one unassociated funerary [N7097; NPS-WASO-NAGPRA- NPS0042630; PPWOCRADN0- object described in this notice is

Martha's Vineyard Museum, Vineyard Haven, MA

AGENCY : Notice. ACTION SUMMARY

unassociated funerary object has been Martha's Vineyard Museum (formerly under ADDRESSES Dukes County Historical Society) items that meet the definition of sacred objects and that have a cultural notice.

DATESand the Santa Ynez Band of Chumash 26, 2026. Mission Indians of the Santa Ynez

Reservation, California. ADDRESSES items in this notice to Anna Barber, the Martha's Vineyard Museum must Martha's Vineyard Museum, 151 Lagoon Pond Road, Vineyard Haven, MA 02568, email abarber@mvmuseum.org.

: This under and not competing requests. The ADDRESSES Martha's Vineyard Museum is sole responsibility of the Martha's Vineyard Museum, and additional parties.

the Brooklyn Museum must determine A total of three cultural items have been requested for repatriation. The [FR Doc. 2026-07946 Filed 4-22-26; 8:45 am] three sacred objects are a canoe, a grass skirt and tapa cloth, and a poi pounder. competing requests. The Brooklyn The canoe and poi pounder were donated by Elmer J. Bliss who had acquired them in Hawaii and brought them to Martha's Vineyard before identified in this notice and to any other donating them to the Museum in 1941. [N7102; NPS-WASO-NAGPRA- NPS0042661; PPWOCRADN0- The grass skirt and tapa cloth were brought to the Vineyard from Hawaii by whaler Manuel Norton c. 1870 before Notice of Intended Repatriation: San being donated to the Museum by Mrs. Bernardino County Museum, Arthur Vincent in 1956. Redlands, CA

AGENCYThe Martha's Vineyard Museum has : Notice. ACTION

• The three sacred objects described SUMMARY[FR Doc. 2026-07941 Filed 4-22-26; 8:45 am] in this notice are specific ceremonial

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04852 (SBCM-5054), Bankus 2, was Repatriation Act (NAGPRA), San Bernardino County Museum intends to collected by Allen E. Bankus and M.K. repatriate certain cultural items that Lerch. Objects were recorded on meet the definition of objects of cultural November 29, 1981. [FR Doc. 2026-07952 Filed 4-22-26; 8:45 am] patrimony and that have a cultural The one lot of objects of cultural patrimony are lithics. CA-SBR-04854 (SBCM-5056), Bankus 4, was collected notice. by Allen E. Bankus and M.K. Lerch. Objects were recorded on November 29, DATES

1. 26, 2026. [N7096; NPS-WASO-NAGPRA- NPS0042629; PPWOCRADN0- ADDRESSES
   San Bernardino County Museum has items in this notice to Gabrielle Carpentier, San Bernardino County American Museum of Natural History, • The 14 objects of cultural Museum, 2024 Orange Tree Lane, New York, NY patrimony described in this notice have Redlands, CA 92374, email ongoing historical, traditional, or gabrielle.carpentier@sbcm.sbcounty.gov. AGENCY : Notice. cultural importance central to the : This ACTIONNative American group, including any SUMMARYconstituent sub-group (such as a band, clan, lineage, ceremonial society, or other subdivision), according to the American Museum of Natural History sole responsibility of San Bernardino Native American traditional knowledge (AMNH) intends to repatriate a certain County Museum, and additional of an Indian Tribe or Native Hawaiian cultural item that meets the definition of an unassociated funerary object and that has a cultural affiliation with the Indian and the Morongo Band of Mission Indians, California. DATES 26, 2026. A total of 14 cultural items have been ADDRESSES requested for repatriation. item in this notice to Nell Murphy, The eight lots of objects of cultural American Museum of Natural History, patrimony are one lot of shell beads, one Central Park West at 79th Street, New lot of ceramic disc, one lot of ceramic under ADDRESSES York, NY 10024, email nmurphy@sherds, one lot of spindle whorl, one lot amnh.org. of lithics, one lot of unworked faunal bone, one lot of stone, one lot of ground : This stone. CA-SBR-00216 (SBCM-126), Coyote Holes Cyn, Coyote Well was recorded December 30, 1962 by P. Chace. Objects were also recorded on July 2, 1991 by Kenneth Becker and sole responsibility of the American Juanita Shinn. Museum of Natural History, and The one lot of objects of cultural patrimony are lithics. CA-SBR-02379 (SBCM-1971), Montgomery Peak #2 (R- 2); UCRARU #74; #1A-1B, was in the summary or related records. The collected by D. Decker. These objects of San Bernardino County Museum must cultural patrimony were recorded in April 1973. The one lot of objects of cultural patrimony are lithics. CA-SBR-03429 requested for repatriation. The one (SBCM-4074), Joshua Tree-N., was and not competing requests. San unassociated funerary object is a recorded in 1980 by Gerald Smith and Bernardino County Museum is ceramic vessel. Charles R. Olberg Mike Quinn. The two lots of objects of cultural removed this vessel from the Coachella patrimony are one lot of lithics and one Valley, Riverside County, California at lot of ground stone. CA-SBR-04851 an unknown time and sold it to the (SBCM-5053), Bankus 1, was collected Museum of the American Indian, Heye parties. by Allen E. Bankus and M.K. Lerch. Foundation in 1917. The AMNH Objects were recorded on November 29, accessioned the vessel in 1919 when it

2. was acquired through exchange. The one lot of objects of cultural While it no longer does so, in the past,
   patrimony are faunal bone. CA-SBR- the Museum applied potentially

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hazardous pesticides to items in the identified. The seven associated collections. Museum records do not list parties. funerary objects are one lot of small specific objects treated or which of silver crosses; one lot of thin silver several chemicals used were applied to brooches; one lot of silver ear bob; one a particular item. Therefore, those lot of various archaeological materials; handling this material should follow the one lot of lithic flake; one lot of iron advice of industrial hygienists or nails and nail fragments; one lot of medical personnel with specialized unworked animal bone. The Ancestors training in occupational health or with and associated funerary objects were potentially hazardous substances. removed from the Herron site (20BE21)

[FR Doc. 2026-07945 Filed 4-22-26; 8:45 am] in Berrien County, Michigan, in June of

1958 as an inadvertent discovery made The American Museum of Natural by the property owner. The site was History has determined that: subsequently excavated by faculty from • The one unassociated funerary the University of Michigan Museum of object described in this notice is Anthropological Archaeology (UMMAA). Dating for the site is to the [N7103; NPS-WASO-NAGPRA- Late Historic A.D. 1820-1830 based on NPS0042662; PPWOCRADN0- diagnostic artifacts. Ancestral remains representing, at least, four individuals have been identified. The five associated funerary University of Michigan, Ann Arbor, MI objects are one lot brass kettle with iron bail, one lot iron spoon, one lot brass AGENCY: Notice. hawk bells, one lot stone pipe, and one ACTIONunassociated funerary objects have been lot brooch fragments. The Ancestral

SUMMARY

were removed from the Logan site (20BE16) in Berrien County, Michigan, University of Michigan has completed while excavating a cellar of a private an inventory of human remains residence, and were subsequently (hereinafter referred to as ''Ancestral donated to the UMMAA in 1935. Dating remains'' or ''Ancestors'') and for the site is to the Late Historic A.D. associated funerary objects and has 1760-1820 based on diagnostic artifacts. A total of one associated funerary affiliation between the Ancestral object has been identified. The one and the Agua Caliente Band of Cahuilla associated funerary object is one lot Indians of the Agua Caliente brass bracelet. The bracelet was Reservation, California. removed from the Niles site (20BE14), : Repatriation of the Ancestral Berrien County, Michigan, prior to 1937 DATESby the property owner and donated to UMMAA in 1937. Dating for the site is 26, 2026. to the Historic A.D. 1610-1820 based on diagnostic artifacts. ADDRESSESrepatriation of the Ancestral remains The University of Michigan has no under ADDRESSESand associated funerary objects in this record of, nor do its officials have any notice to Dr. Ben Secunda, NAGPRA knowledge of, any treatment of the Office Managing Director, University of Ancestral remains and associated Michigan, Office of Research, Suite funerary objects with pesticides, G269, Lane Hall, Ann Arbor, MI 48109- preservatives, or other substances that 1274, email bsecunda@umich.edu. represent a potential hazard to the collections or to persons handling the : This collections.

sole responsibility of the University of the American Museum of Natural Michigan, and additional information History must determine the most on the determinations in this notice, history of the Ancestral remains and associated funerary objects described in can be found in its inventory or related repatriation of the cultural item are competing requests. The American The University of Michigan has Museum of Natural History is

• The Ancestral remains described in Ancestral remains representing, at least, three individuals have been

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remains of seven individuals of Native lots of baked clay, four lots of precontact ceramic sherds, five lots of chipped • The 13 objects described in this stone, five lots of faunal remains, one lot of iron objects, six lots of natural stone, four lots of ochre, and three lots of lithic individual Ancestral remains at the time points. In spring 1967, materials of death or later as part of the death rite including human remains and funerary objects were recovered at site 41LR12 during an archaeological reconnaissance Ancestral remains and associated survey of Pat Mayse Lake in Lamar funerary objects described in this notice County, Texas. This site is a late and the Bay Mills Indian Community, precontact village that dates to A.D. Michigan; Grand Traverse Band of [FR Doc. 2026-07953 Filed 4-22-26; 8:45 am] 800-1500. The occupation date, Ottawa and Chippewa Indians, material culture, and geographic Michigan; Hannahville Indian location of the site are consistent with Community, Michigan; Keweenaw Bay Caddo Nation cultural affiliation. Indian Community, Michigan; Lac Human remains and associated funerary Vieux Desert Band of Lake Superior objects from site 41LR12 were Chippewa Indians of Michigan; Little previously published in a Notice of River Band of Ottawa Indians, [N7101; NPS-WASO-NAGPRA- Inventory Completion in the Federal Michigan; Little Traverse Bay Bands of NPS0042660; PPWOCRADN0- Register on November 24, 1998 (63 FR Odawa Indians, Michigan; Match-E-Be- 64970-64971). In 2026, USACE Nash-She-Wish Band of Pottawatomi confirmed additional human remains Notice of Inventory Completion: U.S. (previously listed as Match-E-Be-Nash- and funerary objects are present in the Army Corps of Engineers, Tulsa She-Wish Band of Pottawatomi Indians collections from site 41LR12 that were District, Tulsa, OK of Michigan); Nottawaseppi Huron Band not included in the 1998 Notice. No of the Potawatomi, Michigan; Pokagon known hazardous substances were used AGENCYBand of Potawatomi Indians, Michigan to treat the human remains or associated : Notice. ACTIONand Indiana; Saginaw Chippewa Indian funerary objects. Tribe of Michigan; and the Sault Ste. SUMMARYMarie Tribe of Chippewa Indians, Michigan. Repatriation Act (NAGPRA), the U.S. Army Corps of Engineers, Tulsa District (USACE) has completed an inventory of Ancestral remains and associated objects and has determined that there is funerary objects in this notice must be a cultural affiliation between the human The USACE has determined that: ADDRESSES

DATES

identified in this notice and, if joined to 26, 2026. a request from one or more of the Indian • The 32 objects described in this Tribes, the Burt Lake Band of Ottawa ADDRESSESand Chippewa Indians or Grand River Bands of Ottawa Indians, as non- to Jacqueline Rodgers, U.S. Army Corps federally recognized Indian groups. of Engineers, Tulsa District, 2488 East 81st Street, Tulsa, OK 74137, email

jacqueline.rodgers@usace.army.mil. : This

Caddo Nation of Oklahoma. Repatriation of the Ancestral remains sole responsibility of the USACE, and

ADDRESSESreceived, the University of Michigan

for joint repatriation of the Ancestral competing requests. The University of one individual has been identified. The Michigan is responsible for sending a 32 associated funerary objects are four

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and additional information on the received, the Field Museum must

remains are considered a single request and not competing requests. The Field received, the USACE must determine The human remains are hair clippings belonging to one individual, identified associated funerary objects are with the tribal designation ''Assiniboine'' (Field Museum catalog competing requests. The USACE is number 193211.6). Field Museum staff believe they were collected under the direction of Franz Boas and Frederick Ward Putnam for the 1893 World's Columbian Exposition in Chicago. The parties. hair clippings were accessioned into the Field Museum's collection in 1939. No [FR Doc. 2026-07948 Filed 4-22-26; 8:45 am] information regarding the individual's name, sex, age, or geographic location has been found. There is no known presence of any potentially hazardous substances.

[FR Doc. 2026-07951 Filed 4-22-26; 8:45 am] [N7098; NPS-WASO-NAGPRA-

NPS0042631; PPWOCRADN0- Notice of Inventory Completion: Robert

1. Peabody Institute of Archaeology, Andover, MA [N7099; NPS-WASO-NAGPRA- AGENCYThe Field Museum has determined NPS0042632; PPWOCRADN0- : Notice. ACTIONthat:

SUMMARYNotice of Inventory Completion: Field

Museum, Chicago, IL Repatriation Act (NAGPRA), the Robert

1. Peabody Institute of Archaeology has AGENCYcompleted an inventory of human : Notice. ACTION and the Assiniboine and Sioux Tribes of SUMMARYthe Fort Peck Indian Reservation, Montana and the Fort Belknap Indian Repatriation Act (NAGPRA), the Field Community of the Fort Belknap Museum has completed an inventory of notice. Reservation of Montana. human remains and has determined that DATESthere is a cultural affiliation between the

ADDRESSESnotice.

this notice to Ryan Wheeler, Robert S. DATESPeabody Institute of Archaeology, 180 ADDRESSESMain Street, Andover, MA 01810, email

rwheeler@andover.edu. ADDRESSES : This this notice to June Carpenter, NAGPRA Director, Field Museum, 1400 S Lake Shore Drive, Chicago, IL 60605, email

jcarpenter@fieldmuseum.org. : This sole responsibility of the Robert S. Peabody Institute of Archaeology, and

sole responsibility of the Field Museum,

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ADDRESSES

this notice to Taylor Ronquillo, ADDRESSESUniversity of Nebraska State Museum, 645 N 14th Street, Lincoln, NE 68588, email Tronquillo2@unl.edu. No associated funerary objects are : This present. The human remains were removed from the Hagan Mound Group (11SC365) in Schuyler County, Illinois by Warren K. Moorehead as part of the Illinois Valley Survey during the 1920s. sole responsibility of the University of There is no known presence of any Nebraska State Museum, and additional potentially hazardous substances.

received, the Robert S. Peabody Institute of Archaeology must determine the most Human remains representing at least The Robert S. Peabody Institute of No associated funerary objects are Archaeology has determined that: competing requests. The Robert S. present. Peabody Institute of Archaeology is Human remains that represent two MNI were removed from the valley of remains of two individuals of Native the Salt River near Mesa in Maricopa County, AZ by E.H. Murdock. In 2003, these remains were discovered on the parties. front steps of Morrill Hall when staff and the Absentee-Shawnee Tribe of opened the museum. With the remains Indians of Oklahoma; Chippewa Cree was found two labels that said, ''These Indians of the Rocky Boy's Reservation, items found while emptying house'' and Montana; Citizen Potawatomi Nation, ''Prehistoric Hohokam Culture bones. Oklahoma; Delaware Tribe of Indians; Age 8-to-15 centuries. Grave between Eastern Shawnee Tribe of Oklahoma; 3 ⁄ and 4 feet deep. Evacuated by E.H. Forest County Potawatomi Community, 1 2 Murdock, Phoenix''. The bone pieces Wisconsin; Grand Traverse Band of were wired into five picture frames with Ottawa and Chippewa Indians, [FR Doc. 2026-07947 Filed 4-22-26; 8:45 am] no glass. The two MNI consist of two Michigan; Ho-Chunk Nation of adult individuals of unknown sex. The Wisconsin; Iowa Tribe of Oklahoma; human remains include: one mandible, Kaw Nation, Oklahoma; Kickapoo two patella's, three fibulas, one sternum, Traditional Tribe of Texas; Little River 17 vertebrae, 65 hand elements, 21-foot Band of Ottawa Indians, Michigan; elements, three ribs, one sacrum. There Match-E-Be-Nash-She-Wish Band of were no associated funerary objects [N7074; NPS-WASO-NAGPRA- Pottawatomi (previously listed as NPS0042658; PPWOCRADN0- found with the bones. Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan); Miami Tribe of Oklahoma; Minnesota Chippewa Tribe, Minnesota (Bois Forte University of Nebraska State Museum, Band (Nett Lake); Fond du Lac Band); Lincoln, NE Nottawaseppi Huron Band of the Potawatomi, Michigan; Omaha Tribe of AGENCY history of the human remains described : Notice. Nebraska; Peoria Tribe of Indians of ACTIONOklahoma; Pokagon Band of SUMMARYPotawatomi Indians, Michigan and Indiana; Ponca Tribe of Indians of The University of Nebraska State Oklahoma; Ponca Tribe of Nebraska; University of Nebraska State Museum Museum has determined that: Prairie Band Potawatomi Nation; Sac & has completed an inventory of human Fox Nation, Oklahoma; Sac & Fox Tribe of the Mississippi in Iowa; The Osage remains of two individuals of Native Nation; Turtle Mountain Band of Chippewa Indians of North Dakota; and the Winnebago Tribe of Nebraska. notice. and the Salt River Pima-Maricopa DATES Indian Community of the Salt River Reservation, Arizona.

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DATES ADDRESSES

this notice to Tea Kaplan, Florida ADDRESSESDepartment of State, 2100 W Tennessee Street, Tallahassee, FL 32304, email

Tea.Kaplan@dos.fl.gov. : This

received, the Florida Department of State must determine the most sole responsibility of the Florida Department of State, and additional competing requests. The Florida Department of State is responsible for organizations identified in this notice. received, the University of Nebraska State Museum must determine the most

Ancestral remains were transferred to competing requests. The University of the Department in 2018 by the Volusia Nebraska State Museum is responsible County (District 7/24) Medical for sending a copy of this notice to the [FR Doc. 2026-07955 Filed 4-22-26; 8:45 am] Examiner's Office under 872.05, Florida Statutes. The remains were discovered in a private residence in De Leon Springs, Volusia County, Florida. Information written in ink on the remains indicates that they were removed from an unidentified location [N7106; NPS-WASO-NAGPRA- in Jefferson County, New York on NPS0042666; PPWOCRADN0- October 25th, 1931.

University of Texas at San Antonio [FR Doc. 2026-07965 Filed 4-22-26; 8:45 am] Center for Archaeological Research,

San Antonio, TX

history of the human remains described AGENCY : Notice. ACTION

SUMMARYThe Florida Department of State has [N7105; NPS-WASO-NAGPRA-

NPS0042664; PPWOCRADN0- University of Texas at San Antonio Center for Archaeological Research (CAR) has completed an inventory of Florida Department of State,

Tallahassee, FL objects and has determined that there is a cultural affiliation between the human and the Onondaga Nation. AGENCY : Notice. ACTION

SUMMARY DATESRepatriation Act (NAGPRA), the Florida

Department of State has completed an 26, 2026. inventory of human remains and has ADDRESSES ADDRESSES to Emily Moes, Center for

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Archaeological Research, One UTSA inventory of human remains and has Circle, San Antonio, TX 78249, email

emily.moes@utsa.edu. : This

DATESADDRESSES

sole responsibility of the CAR, and ADDRESSES this notice to Veronica Natale, Museum Director, Garvies Point Museum and Preserve, 50 Barry Drive, Glen Cove, NY 11542, email vnatale@

nassaucountyny.gov. : This

The five associated funerary objects are four pot sherds and one projectile point. sole responsibility of the Garvies Point The remains and associated funerary Museum and Preserve and additional objects were commingled in a box received, the CAR must determine the donated to CAR in 1979. No records or most appropriate requestor prior to provenience information is known besides a note in the accession record that the contents originate from Georgia. associated funerary objects are The curation history prior to arriving at CAR is also unknown. Human remains competing requests. The CAR is represent one adult of unknown sex and an adolescent of unknown sex. Two stamped pot sherds are identified as a variety of Swift Creek (associated with the Woodland Period, 1000 BC--A.D. There are 16 teeth in a fragmented parties. 900) and Savannah check stamp maxilla, eight teeth in a section of (associated with Middle Mississippian, mandible, and seven teeth stored in a A.D. 1200-1350). The presence of a vial from Ocean County, New Jersey. Morrow Mountain (or similar) projectile They were donated to the museum by point indicates a time period around Columbia University in 1970. 3000-1000 BC. No known hazardous substances were used to treat the remains or objects.

[FR Doc. 2026-07956 Filed 4-22-26; 8:45 am]

history of the human remains and The Garvies Point Museum and associated funerary objects described in Preserve has determined that: [N7093; NPS-WASO-NAGPRA- NPS0042622; PPWOCRADN0- The CAR has determined that:

Garvies Point Museum and Preserve, Nassau County Department of Parks, remains of two individuals of Native and the Delaware Nation, Oklahoma and Recreation and Museums, Glen Cove, the Delaware Tribe of Indians. NY • The five objects described in this

AGENCY : Notice. ACTION SUMMARY

Repatriation Act (NAGPRA), the Garvies ADDRESSESPoint Museum and Preserve, Nassau County Department of Parks, Recreation Alabama-Coushatta Tribe of Texas and and Museums (Garvies Point Museum The Muscogee (Creek) Nation. and Preserve) has completed an

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Repatriation Act, Student Building 318, 701 E. Kirkwood Avenue, Bloomington, Indiana University has determined IN 47405, email thomajay@iu.edu. that: : This remains of 17 individuals of Native

• The 13 objects described in this sole responsibility of Indiana University and additional information on the received, the Garvies Point Museum and Preserve must determine the most

Absentee-Shawnee Tribe of Indians of competing requests. The Garvies Point Oklahoma; Cherokee Nation; Eastern Museum and Preserve is responsible for Band of Cherokee Indians; Miami Tribe 17 individuals and 13 associated of Oklahoma; Peoria Tribe of Indians of funerary objects from various sites in Oklahoma; Quapaw Nation; Shawnee Kentucky have been identified. Tribe; The Osage Nation; and the United There is one lot of beads from an Keetoowah Band of Cherokee Indians in unknown location in Graves County, Oklahoma. Kentucky. There are five associated funerary objects (one lot of ceramics, one lot of worked shell, one lot of lithics, one lot of faunal bone and one lot of worked bone) excavated an unknown location named 'Rockshelter' in 1931 in Russell County, Kentucky. ADDRESSES[FR Doc. 2026-07942 Filed 4-22-26; 8:45 am] There are nine individuals and two associated funerary objects (one lot of worked bone, one lot of faunal bones) from an unknown site in Kentucky. This collection was donated to IU from Dr. C.C. Kennedy of Ohio State University on an unknown date. [N7100; NPS-WASO-NAGPRA- There is one individual and one NPS0042659; PPWOCRADN0- associated funerary object (one lot faunal bone) found in 1946 from the Nugent Farm site in Henderson County, Kentucky. Indiana University, Bloomington, IN There are three associated funerary

AGENCY objects (one lot shell, one lot copper, : Notice. one lot fiber) from an unknown location ACTION in Kentucky that was donated as a part received, Indiana University must SUMMARY of the Plank Collection to IU.

There is one individual and one lot of Repatriation Act (NAGPRA), Indiana lithics from an unknown site near University has completed an inventory Leavenworth, Kentucky. This collection of human remains and associated was received in 1989. funerary objects and has determined There are five individuals from competing requests. Indiana University that there is a cultural affiliation unknown locations in Daviess and is responsible for sending a copy of this between the human remains and Henderson Counties, Kentucky. These associated funerary objects and Indian were donated to IU in 1999 by George Martin. There is one individual from an parties. unknown site labeled 'Rockshelter' in DATES Christian County, Kentucky. 26, 2026.

ADDRESSES

to Dr. Jayne-Leigh Thomas, Indiana University, Office of the Native [FR Doc. 2026-07950 Filed 4-22-26; 8:45 am]

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The DMNS has determined that:

• The two sacred objects/objects of [N7095; NPS-WASO-NAGPRA- [N7082; NPS-WASO-NAGPRA- cultural patrimony described in this NPS0042626; PPWOCRADN0- NPS0042618; PPWOCRADN0- notice are, according to the Native American traditional knowledge of an Notice of Intended Repatriation: Miami Indian Tribe or Native Hawaiian Denver Museum of Nature & Science, University, Oxford, OH organization, specific ceremonial objects Denver, CO needed by a traditional Native American AGENCYreligious leader for present-day AGENCY : Notice. ACTIONadherents to practice traditional Native : Notice. ACTIONAmerican religion, and have ongoing SUMMARYSUMMARYhistorical, traditional, or cultural Repatriation Act (NAGPRA), the Miami importance central to the Native Repatriation Act (NAGPRA), the Denver University intends to repatriate certain American group, including any Museum of Nature & Science (DMNS) cultural items that meet the definition of constituent sub-group (such as a band, sacred objects and that have a cultural clan, lineage, ceremonial society, or items that meet the definition of sacred other subdivision). objects/objects of cultural patrimony and that have a cultural affiliation with notice. the Indian Tribes or Native Hawaiian

DATES DATES26, 2026.

26, 2026. ADDRESSES

ADDRESSES items in this notice to Dr. Richard Page,

Vice President for Research and items in this notice to Dr. Michele Innovation, Miami University, Koons, Denver Museum of Nature & under ADDRESSESRoudebush Hall, Suite 102, 501 E High Science, 2001 Colorado Blvd., Denver, Street, Oxford, OH 45056, email ori@CO 80205-5798, email Michele.Koons@MiamiOH.edu. dmns.org.

: This : This

sole responsibility of the Miami sole responsibility of the DMNS, and University, and additional information on the determinations in this notice, in the summary or related records. The the DMNS must determine the most

A total of two cultural items have been requested for repatriation. The two A total of two cultural items have competing requests. The DMNS is sacred objects/objects of cultural been requested for repatriation. The two ¯patrimony are one kukui hele po (stone sacred objects are specific ceremonial ¯lamp) and one 'umeke la 1au (wood ¯bowl). The kukui hele po (stone lamp), Hawaiian religious leader for present- unknown catalog number, was parties. accessioned into the DMNS Collection Native Hawaiian religion, according to in 1968 and is currently missing. No the Native Hawaiian traditional other provenance information is known currently. The object is described as a ''Kukui nut lamp, DMNH [Denver organization. There is a connection Museum of Natural History, now between the cultural items described in DMNS] Education Collection Hawaii.'' this notice and the Native Hawaiian ¯The 'umeke la 1au (wood bowl), Organization Hui Iwi Kuamo1o. A1012.1, was acquired by Ernst Giesecke from Honolulu, Hawaii, and [FR Doc. 2026-07944 Filed 4-22-26; 8:45 am] gifted to Mrs. Albert Giesecke. The The Miami University has determined object was donated to DMNS in 1978 by that: • The two sacred objects described in Carl Blaurock, the conservator of Mrs. Albert Giesecke's estate. this notice are specific ceremonial

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: Lisa Mexichem Fluor Inc. dba Orbia Fluor & Energy Materials, Boston, R. Barton, Secretary to the Commission, Massachusetts, withdrawing its U.S. International Trade Commission, petitions. Commerce has not initiated 500 E Street SW, Washington, DC investigations as provided for in 20436, telephone (202) 205-2000. The sections 702(c) and 732(c) of the Tariff public version of the complaint can be Act of 1930 (19 U.S.C. 1671a(c) and accessed on the Commission's 1673a(c)). Accordingly, the Commission Electronic Document Information gives notice that its antidumping and System (EDIS) at https://edis.usitc.gov. countervailing duty investigations For help accessing EDIS, please email concerning lithium EDIS3Help@usitc.gov. hexafluorophosphate from China General information concerning the (Investigation Nos. 701-TA-790 and Commission may also be obtained by 731-TA-1778 (Preliminary)) are accessing its internet server at United discontinued. States International Trade Commission (USITC) at https://www.usitc.gov. The : April 14, 2026. DATESpublic record for this investigation may under : be viewed on the Commission's ADDRESSESPeter Stebbins (202-205-2039), Office of Electronic Document Information Investigations, U.S. International Trade System (EDIS) at https://edis.usitc.gov. Commission, 500 E Street SW, Hearing-impaired persons are advised Washington, DC 20436. Hearing- that information on this matter can be impaired individuals are advised that obtained by contacting the information on this matter can be Commission's TDD terminal on (202) obtained by contacting the 205-1810. Commission's TDD terminal on 202- : The 205-1810. Persons with mobility Commission has received a complaint impairments who will need special and a submission pursuant to § 210.8(b) assistance in gaining access to the of the Commission's Rules of Practice Commission should contact the Office and Procedure filed on behalf of the Miami University must determine of the Secretary at 202-205-2000. Monster Energy Company on April 17, General information concerning the 2026. The complaint alleges violations Commission may also be obtained by of section 337 of the Tariff Act of 1930 accessing its internet server (https://(19 U.S.C. 1337) in the importation into www.usitc.gov). The public record for the United States, the sale for competing requests. The Miami these investigations may be viewed on importation, and the sale within the University is responsible for sending a the Commission's electronic docket United States after importation of copy of this notice to all requestors and (EDIS) at https://edis.usitc.gov. certain energy drinks and labeling and any other consulting parties. packaging thereof. The complaint names By order of the Commission. as respondents: Gig Wholesale Corp. of Issued: April 20, 2026. Valrico, FL; The Elegant Inc. of Sri Susan Orndoff, Lanka; Hamilton Trading Corp. of Supervisory Attorney. Bronx, NY; Pal Global Imports Inc. of [FR Doc. 2026-07875 Filed 4-22-26; 8:45 am] Elmhurst, IL; Asia Link Inc. of New Zealand; Creative Trading of BILLING CODE 7020-02-P Cedarhurst, NY; MBCH Solutions LLC of Farmington Hills, MI; Simple INTERNATIONAL TRADE [FR Doc. 2026-07940 Filed 4-22-26; 8:45 am] Shipping Solutions LLC of Farmington Hills, MI; JDC Trading Inc. of Panama; Apollo Produce LLC of Houston, TX; Notice of Receipt of Complaint; 232 Barren Springs LLC of Houston, TX; Solicitation of Comments Relating to INTERNATIONAL TRADE Sigmai (Asia) Limited Inc. of Miami the Public Interest Lakes, FL; and Cats Media Inc. of : U.S. International Trade Basking Ridge, NJ. The complainant [Investigation Nos. 701-TA-790 and 731- AGENCYTA-1778 (Preliminary)] requests that the Commission issue a general exclusion order, cease and : Notice. ACTIONLithium Hexafluorophosphate From desist orders, and impose a bond upon China : Notice is hereby given that respondents' alleged infringing articles SUMMARYduring the 60-day Presidential review the U.S. International Trade : United States International AGENCYperiod pursuant to 19 U.S.C. 1337(j). Commission has received a complaint Trade Commission. entitled Certain Energy Drinks and Proposed respondents, other : Notice of withdrawal of ACTIONinterested parties, members of the Labeling and Packaging Thereof, DN petitions in antidumping and public, and interested government 3902; the Commission is soliciting countervailing duty investigations. agencies are invited to file comments on comments on any public interest issues

: On April 14, 2026, the raised by the complaint or any public interest issues raised by the SUMMARYDepartment of Commerce and the complainant's filing pursuant to the complaint or § 210.8(b) filing. Comments should address whether Commission received a letter from issuance of the relief specifically petitioner in the subject investigations, Procedure.

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Procedures).requested by the complainant in this Please note the Secretary's investigation would affect the public Office will accept only electronic filings health and welfare in the United States, during this time. Filings must be made competitive conditions in the United through the Commission's Electronic Notice Pursuant to the Defense States economy, the production of like Document Information System (EDIS, Production Act of 1950 or directly competitive articles in the https://edis.usitc.gov.) No in-person United States, or United States paper-based filings or paper copies of : Antitrust Division, U.S. AGENCYconsumers. any electronic filings will be accepted In particular, the Commission is until further notice. Persons with : Notice of review of revised ACTIONinterested in comments that: questions regarding filing should voluntary agreement. (i) explain how the articles potentially contact the Secretary at EDIS3Help@subject to the requested remedial orders : Notice is hereby given SUMMARYusitc.gov. are used in the United States; pursuant to section 708 of the Defense Any person desiring to submit a (ii) identify any public health, safety, Production Act of 1950 (''DPA''), that document to the Commission in or welfare concerns in the United States the Acting Assistant Attorney General confidence must request confidential relating to the requested remedial finds, with respect to the Implementing treatment. All such requests should be orders; Voluntary Agreements Under the directed to the Secretary to the (iii) identify like or directly Defense Production Act (''Voluntary Commission and must include a full competitive articles that complainant, Agreement'') proposed by the its licensees, or third parties make in the statement of the reasons why the Department of Energy (''DOE''), that the United States which could replace the Commission should grant such purposes of section 708(c)(1) of the DPA subject articles if they were to be treatment. See 19 CFR 201.6. Documents may not reasonably be achieved through excluded; a voluntary agreement having less for which confidential treatment by the (iv) indicate whether complainant, Commission is properly sought will be complainant's licensees, and/or third voluntary agreement. Given this finding, treated accordingly. All information, party suppliers have the capacity to the proposed revised Voluntary including confidential business replace the volume of articles Agreement may become effective information and documents for which potentially subject to the requested following the publication of this notice. confidential treatment is properly exclusion order and/or a cease and : Under the sought, submitted to the Commission for desist order within a commercially DPA, DOE may enter into plans with purposes of this Investigation may be reasonable time; and representatives of private industry for disclosed to and used: (i) by the (v) explain how the requested the purpose of improving the efficiency Commission, its employees and Offices, remedial orders would impact United with which private firms contribute to and contract personnel (a) for States consumers. the national defense when conditions developing or maintaining the records Written submissions on the public exist that may pose a direct threat to the of this or a related proceeding, or (b) in interest must be filed no later than by national defense or its preparedness. internal investigations, audits, reviews, close of business, eight calendar days Such arrangements are generally known and evaluations relating to the after the date of publication of this as ''voluntary agreements.'' Participants programs, personnel, and operations of notice in the Federal Register. There in an existing voluntary agreement may the Commission including under 5 will be further opportunities for adopt documented methods, known as U.S.C. Appendix 3; or (ii) by U.S. comment on the public interest after the ''plans of action,'' to implement that government employees and contract issuance of any final initial voluntary agreement. A defense to solely for cybersecurity personnel,determination in this investigation. Any actions brought under the antitrust laws 2purposes. All nonconfidential written written submissions on other issues is available to each participant acting submissions will be available for public must also be filed by no later than the within the scope of a voluntary close of business, eight calendar days inspection at the Office of the Secretary agreement and plan of action that has after publication of this notice in the and on EDIS. come into force under the DPA. 3Federal Register. Complainant may file The DPA requires that each proposed This action is taken under the replies to any written submissions no plan of action be reviewed by the authority of section 337 of the Tariff Act later than three calendar days after the Attorney General prior to becoming of 1930, as amended (19 U.S.C. 1337), date on which any initial submissions effective. If, after consulting with the and of §§ 201.10 and 210.8(c) of the were due, notwithstanding § 201.14(a) Chair of the Federal Trade Commission, of the Commission's Rules of Practice the Attorney General finds that the Procedure (19 CFR 201.10, 210.8(c)). and Procedure. No other submissions purposes of the DPA's plans of action will be accepted, unless requested by By order of the Commission. provision ''may not reasonably be the Commission. Any submissions and achieved through a . . . voluntary Issued: April 21, 2026. replies filed in response to this Notice agreement having less anticompetitive Susan Orndoff, are limited to five (5) pages in length, effects or without any . . . voluntary Supervisory Attorney. inclusive of attachments. agreement,'' the voluntary agreement Persons filing written submissions [FR Doc. 2026-07962 Filed 4-22-26; 8:45 am] may become effective. 50 U.S.C. must file the original document 4558(f)(1)(B). All functions which the BILLING CODE 7020-02-P electronically on or before the deadlines Attorney General is required or stated above. Submissions should refer authorized to perform by section 708 of Handbook for Electronic Filing Procedures: 1to the docket number (''Docket No. https://www.usitc.gov/documents/handbook_on_ the DPA have been delegated to the filing_procedures.pdf. 3902'') in a prominent place on the Assistant Attorney General, Antitrust All contract personnel will sign appropriate cover page and/or the first page. (See Division. 28 CFR 0.40(l). 2nondisclosure agreements. Handbook for Electronic Filing Executive Order 14,302 Electronic Document Information System Procedures, Electronic Filing 3 ''Reinvigorating the Nuclear Fuel Base'', (EDIS): https://edis.usitc.gov.

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Energy Thedore J. Garrish, Omeed effective. If, after consulting with the 90 FR 22595 required the Secretary of Assefi, Assistant Attorney General, Chair of the Federal Trade Commission, Energy, in coordination with the Antitrust Division, issued a finding, Attorney General and the Chairman of the Attorney General finds that the pursuant to 50 U.S.C. 4558(f)(1)(B), that the Federal Trade Commission, to purposes of the DPA's plans of action the purpose of the DPA's voluntary provision ''may not reasonably be utilize authority provided to the agreement provision ''may not President in section 708(c)(1) of the achieved through a . . . plan of action reasonably be achieved through a . . . Defense Production Act to seek having less anticompetitive effects or plan of action having less without any . . . plan of action,'' the voluntary agreements with domestic plan of action may become effective. 50 nuclear energy companies to provide for . . . plan of action.'' the national defense. The purpose of the U.S.C. 4558(f)(1)(B). All functions proposed revised Voluntary Agreement which the Attorney General is required or authorized to perform by section 708 is to establish a consortium and plans of Dina Kallay, of the DPA have been delegated to the action to ensure that the domestic Deputy Assistant Attorney General, Antitrust nuclear fuel supply chain capacity is Assistant Attorney General, Antitrust Division. available to enable the continued Division. 28 CFR 0.40(l). [FR Doc. 2026-07892 Filed 4-22-26; 8:45 am] reliable operation of the Nation's Executive Order 14,302 existing and future nuclear reactors. The BILLING CODE 4410-11-P ''Reinvigorating the Nuclear Fuel Base,'' phases of the domestic nuclear fuel 90 FR 22595 required the Secretary of supply chain that will be addressed in Energy, in coordination with the the consortium and plans of action Attorney General and the Chairman of include milling, conversion, the Federal Trade Commission, to enrichment, deconversion, fabrication, utilize authority provided to the Notice Pursuant to the Defense recycling and reprocessing, end users, President in section 708(c)(1) of the Production Act of 1950 and Uranium Fuel Infrastructure Defense Production Act to seek Resilience Mechanism (''UFIRM''). The voluntary agreements with domestic : Antitrust Division, U.S. AGENCYrevised Voluntary Agreement nuclear energy companies to provide for consolidates these phases of the nuclear the national defense. The purpose of the : Notice of review of plans of ACTIONfuel cycle into three Plans of Action proposed revised Voluntary Agreement action. (''POA''). POA Committee #1, Material and Plans of Action are to establish a Sufficiency, will consist of the Mining : Notice is hereby given consortium to ensure that the domestic SUMMARY& Milling, Conversion, and Enrichment pursuant to section 708 of the Defense nuclear fuel supply chain capacity is subcommittees. POA Committee #2, Production Act of 1950 (''DPA''), that available to enable the continued Market-Integrated Fuel Utilization, will the Acting Assistant Attorney General reliable operation of the Nation's consist of the Fabrication & finds, with respect to the Implementing existing and future nuclear reactors. The Deconversion, Recycling & Voluntary Agreements Under the phases of the domestic nuclear fuel Reprocessing, and Reactors Defense Production Act (''Voluntary supply chain that will be addressed in subcommittees. POA Committee #3, Agreement'') proposed by the the Plans of Action include milling, Human Mobilization, will consist of the Department of Energy (''DOE''), that the conversion, enrichment, deconversion, Workforce Development, Supply Chain, purposes of section 708(c)(1) of the DPA fabrication, recycling and reprocessing, and Economics & Finance may not reasonably be achieved through end users, and Uranium Fuel subcommittees. Together, these plans of action having less Infrastructure Resilience Mechanism Committees and Subcommittees will (''UFIRM''). The revised Voluntary comprise a consortium of domestic plans of action. Given this finding, the Agreement consolidates these phases of nuclear energy companies. This proposed Plans of Action may become the nuclear fuel cycle into three Plans consortium will allow for consultation effective following the publication of of Action (''POA''). POA Committee #1, with domestic nuclear energy Material Sufficiency, will consist of the companies to discuss and implement Mining & Milling, Conversion, and : Under the methods to enhance the capability to Enrichment subcommittees. POA DPA, DOE may enter into plans with manage spent nuclear fuel to ensure the Committee #2, Market-Integrated Fuel representatives of private industry for continued reliable operation of domestic Utilization, will consist of the the purpose of improving the efficiency nuclear reactors. DOE has certified that Fabrication & Deconversion, Recycling with which private firms contribute to the proposed revised Voluntary & Reprocessing, and Reactors the national defense when conditions Agreement is necessary to carry out its subcommittees. POA Committee #3, exist that may pose a direct threat to the purpose, as specified in E.O. 14,302. Human Mobilization, will consist of the national defense or its preparedness. Workforce Development, Supply Chain, DOE requested that the Assistant Such arrangements are generally known Attorney General, Antitrust Division, and Economics & Finance as ''voluntary agreements.'' Participants pursuant to the Attorney General's subcommittees. Together, these in an existing voluntary agreement may Committees and Subcommittees will delegation of authority under 28 CFR adopt documented methods, known as comprise a consortium of domestic 0.40(i), issue a finding that the proposed ''plans of action,'' to implement that revised Voluntary Agreement satisfies nuclear energy companies. This voluntary agreement. A defense to the statutory criteria set forth in 50 consortium will allow for consultation actions brought under the antitrust laws with domestic nuclear energy U.S.C. 4558(f)(1)(B). The Assistant is available to each participant acting Attorney General, Antitrust Division, companies to discuss and implement within the scope of a voluntary reviewed the proposed revised methods to enhance the capability to agreement and plan of action that has manage spent nuclear fuel to ensure the Voluntary Agreement and consulted come into force under the DPA. continued reliable operation of domestic with the Chair of the Federal Trade The DPA requires that each proposed Commission. On April 17, 2026, by nuclear reactors. DOE has certified that plan of action be reviewed by the letter to Assistant Secretary for Nuclear the proposed Plans of Action are Attorney General prior to becoming

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National Motor Vehicle Title necessary to carry out its purpose, as leanetta.jessie@usdoj.gov: or (202) 598- Information System (NMVTIS)-- 1160. specified in E.O. 14,302. supported by the U.S. Department of DOE requested that the Assistant : Written Justice (DOJ)--is required by federal Attorney General, Antitrust Division, comments and suggestions from the law. Under federal law, junk and pursuant to the Attorney General's public and affected agencies concerning salvage yards must report certain delegation of authority under 28 CFR information to NMVTIS on a monthly 0.40(i), issue a finding that the proposed are encouraged. Your comments should basis. This legal requirement has been Plans of Action satisfy the statutory address one or more of the following in place since March 2009, following criteria set forth in 50 U.S.C. four points: the promulgation of regulations (28 CFR 4558(f)(1)(B). The Assistant Attorney --Evaluate whether the proposed part 25) to implement the junk- and General, Antitrust Division, reviewed salvage-yard reporting provisions of the the proposed Plans of Action and Anti-Car Theft Act (codified at 49 U.S.C. consulted with the Chair of the Federal functions of the (component), 30501-30505). Trade Commission. On April 17, 2026, including whether the information Accordingly, a junk or salvage yard by letter to Assistant Secretary for will have practical utility; within the United States must, on a Nuclear Energy Thedore J. Garrish, --Evaluate the accuracy of the agency's monthly basis, provide an inventory to Omeed Assefi, Assistant Attorney estimate of the burden of the NMVTIS of the junk or salvage General, Antitrust Division, issued a proposed collection of information, automobiles that it obtained (in whole finding, pursuant to 50 U.S.C. or in part) in the prior month. 28 CFR 4558(f)(1)(B), that the purpose of the 25.56(a). --Evaluate whether and if so how the DPA's plan of action provision ''may not An NMVTIS Reporting Entity reasonably be achieved through a . . . includes any individual or entity that information to be collected can be plan of action having less meets the federal definition, found in enhanced; and the NMVTIS regulations at 28 CFR --Minimize the burden of the collection . . . plan of action.'' 25.52, for a ''junk yard'' or ''salvage of information on those who are to yard.'' According to those regulations, a respond, including through the use of Dina Kallay, junk yard is defined as ''an individual or entity engaged in the business of Deputy Assistant Attorney General, Antitrust acquiring or owning junk automobiles Division. collection techniques or other forms for (1) Resale in their entirety or as spare of information technology, e.g., [FR Doc. 2026-07900 Filed 4-22-26; 8:45 am] parts; or (2) Rebuilding, restoration, or permitting electronic submission of BILLING CODE 4410-11-P crushing.'' The regulations define a salvage yard as ''an individual or entity Overview of This Information engaged in the business of acquiring or owning salvage automobiles for--(1) Resale in their entirety or as spare parts; 1. Type of Information Collection: [OMB Number 1121-0335] or (2) Rebuilding, restoration, or Reinstatement of a previously approved crushing.'' These definitions include Activities; Proposed eCollection 2. The Title of the Form/Collection: vehicle remarketers and vehicle eComments Requested; Reinstatement National Motor Vehicle Title recyclers, including scrap vehicle of a Previously Approved Collection; Information System (NMVTIS). shredders and scrap metal processors as Title: National Motor Vehicle Title 3. The agency form number, if any, well as ''pull- or pick-apart yards,'' Information System (NMVTIS) and the applicable component of the salvage pools, salvage auctions, used Department sponsoring the collection: automobile dealers, and other types of : Office of Justice Programs, AGENCYThere is no form number associated auctions handling salvage or junk with this information collection. vehicles (including vehicles declared by 4. Affected public who will be asked ACTIONany insurance company to be a ''total or required to respond, as well as a brief loss'' regardless of any damage : The Office of Justice SUMMARYabstract: Affected Public: Auto assessment). Businesses that operate on Programs, Department of Justice (DOJ), recyclers, junk yards and salvage yards behalf of these entities or individual will be submitting the following are required to report information into domestic or international salvage information collection request to the NMVTIS. The Anti-Car Theft Act, vehicle buyers, sometimes known as defines junk and salvage yards ''as ''brokers'' may also meet these (OMB) for review and approval in individuals or entities engaged in the regulatory definitions of salvage and accordance with the Paperwork business of acquiring or owning junk or junk yards. It is important to note that Reduction Act of 1995. salvage automobiles for resale in their industries not specifically listed in the : Comments are encouraged and entirety or as spare parts or for junk yard or salvage yard definition may DATESwill be accepted for 60 days until June rebuilding, restoration, or crushing.'' still meet one of the definitions and, 22, 2026. therefore, be subject to the NMVTIS Included in this definition are scrap- : If vehicle shredders and scrap-metal reporting requirements. An individual or entity meeting the you have additional comments, processors, as well as ''pull- or pick- junk yard or salvage yard definition is especially on the estimated public apart yards,'' salvage pools, salvage subject to the NMVTIS reporting burden or associated response time, auctions, and other types of auctions, requirements if that individual or entity suggestions, or need a copy of the businesses, and individuals that handle handles 5 or more junk or salvage motor proposed information collection salvage vehicles (including vehicles vehicles per year and is engaged in the instrument with instructions or declared a ''total loss''). Abstract: Reporting information on business of acquiring or owning a junk additional information, please contact automobile or a salvage automobile Leanetta Jessie, 999 N. Capitol St. NE, junk and salvage vehicles to the

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permitting electronic submission of for--''(1) Resale in their entirety or as spare parts; or (2) Rebuilding, restoration, or crushing.'' Reporting [OMB Number 1121-0235] Overview of This Information entities can determine whether a vehicle is junk or salvage by referring to the Activities; Proposed eCollection definitions provided in the NMVTIS 1. Type of Information Collection: eComments Requested; Reinstatement regulations at 28 CFR 25.52. An Reinstatement of a previously approved of a Previously Approved Collection; NMVTIS Reporting Entity is required to Title: Patrick Leahy Bulletproof Vest report specific information to NMVTIS 2. The Title of the Form/Collection: Partnership Program within one month of receiving such a Patrick Leahy Bulletproof Vest Program vehicle, and failure to report may result : Component, Department of Application. AGENCYin assessment of a civil penalty of Justice. $1,000 per violation. 3. The agency form number, if any, ACTIONand the applicable component of the 5. Obligation to Respond: An estimate Department sponsoring the collection: of the total number of respondents and : The Office of Justice SUMMARY#1121-0235. The program overview can the amount of time estimated for an Programs, Department of Justice (DOJ), be found at the Bureau of Justice average respondent to respond: There will be submitting the following Assistance, United States Department of information collection request to the are 50,383 in JSI (meaning entities Justice's website at https://www.ojp.gov/ issued a reporting ID number), of which program/bulletproof-vest-partnership/ (OMB) for review and approval in 21,612 have submitted at least one overview. accordance with the Paperwork report. The estimate for the average Reduction Act of 1995. amount of time for each business to 4. Affected public who will be asked report varies: 30-60 minutes : Comments are encouraged and or required to respond, as well as a brief DATES(estimated). The states and insurance abstract: Affected Public: Jurisdictions will be accepted for 60 days until June companies already are capturing most of 22, 2026. and law enforcement agencies with the data needed to be reported, and the armor vest needs. Abstract: The purpose : If reporting consists of electronic, batch of the Bulletproof Vest Partnership you have additional comments, uploaded information. So, for those (BVP) Program is to help protect the especially on the estimated public automated companies the reporting time lives of law enforcement officers by burden or associated response time, is negligible. For smaller junk and helping states and units of local and suggestions, or need a copy of the salvage yard operators who would enter tribal governments within states proposed information collection the data manually, it is estimated that it provision their officers with armor instrument with instructions or will take respondents an average of 30- additional information, please contact vests. An applicant may request funds 60 minutes per month to respond. Leanetta Jessie, 999 N Capitol St. NE, to help purchase one vest per officer per

leanetta.jessie@usdoj.gov: or (202) 598- fiscal year. Federal payment covers up 6. Total Estimated Number of 1160. to 50 percent of each jurisdiction's local Respondents: 50,383. costs. This program is administered in : Written 7. Estimated Time per Respondent: accordance with 12 U.S.C. 3976 ii et comments and suggestions from the 30-60 minutes. seq. public and affected agencies concerning 8. Frequency: Once. 5. Obligation to Respond: Required to are encouraged. Your comments should 9. Total Estimated Annual Time Obtain or Retain Benefits. address one or more of the following Burden: 259,00 hours. 6. Total Estimated Number of four points: Total Annual Reporting Burden: Respondents: --Evaluate whether the proposed 21,612 × 30 minutes per month (12 7. Estimated Time per Respondent: times per year) = 648,360 4,273. functions of the (component), 21,612 × 60 minutes per month (12 8. Frequency: Once. including whether the information times per year) = 1,296,720 9. Total Estimated Annual Time will have practical utility; Burden: 4,273 hours. 10. Total Estimated Annual Other --Evaluate the accuracy of the agency's Costs Burden: 10. Total Estimated Annual Other estimate of the burden of the proposed collection of information, Costs Burden: If additional information If additional information is required is required contact: Darwin Arceo, contact: Darwin Arceo, Department Department Clearance Officer, United Clearance Officer, United States --Evaluate whether and if so how the States Department of Justice, Enterprise Department of Justice, Enterprise Portfolio Management, Two Portfolio Management, Two information to be collected can be Constitution Square, 145 N Street NE, Constitution Square, 145 N Street NE, enhanced; and 4W-218, Washington, DC. 4W-218, Washington, DC. --Minimize the burden of the collection of information on those who are to Darwin Arceo, Darwin Arceo, respond, including through the use of

Department Clearance Officer for PRA, U.S. Department Clearance Officer for PRA, U.S.

collection techniques or other forms [FR Doc. 2026-07895 Filed 4-22-26; 8:45 am] [FR Doc. 2026-07893 Filed 4-22-26; 8:45 am] of information technology, e.g., BILLING CODE 4410-18-P BILLING CODE 4410-18-P

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methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information collection; and Activities; Submission for OMB Activities; Submission for OMB (4) ways to minimize the burden of the Review; Comment Request; U.S. Review; Comment Request; U.S.

Department of Labor Office of Federal Department of Labor Office of Federal are to respond, including the use of Contract Compliance Programs Contract Compliance Programs

Recordkeeping Requirements--29 Recordkeeping Requirements--38 U.S.C. 793 Section 503 of the U.S.C. 4212 Vietnam Era Veterans' This information collection is subject Rehabilitation Act of 1973, as Readjustment Assistance Act of 1974, to the PRA. A Federal agency generally Amended as Amended cannot conduct or sponsor a collection

: Notice of availability; request : Notice of availability; request of information, and the public is ACTION ACTION generally not required to respond to an information collection, unless the OMB : The Department of Labor : The Department of Labor SUMMARY SUMMARY approves it and displays a currently (DOL) is submitting this Office of (DOL) is submitting this Office of valid OMB Control Number. In addition, Federal Contract Compliance Programs Federal Contract Compliance Programs notwithstanding any other provisions of (OFCCP)-sponsored information (OFCCP)-sponsored information law, no person shall generally be subject collection request (ICR) to the Office of collection request (ICR) to the Office of to penalty for failing to comply with a collection of information that does not display a valid OMB Control Number. the Paperwork Reduction Act of 1995 the Paperwork Reduction Act of 1995 See 5 CFR 1320.5(a) and 1320.6. (PRA). Public comments on the ICR are (PRA). Public comments on the ICR are invited. invited. DOL seeks PRA authorization for this information collection for three (3) : The OMB will consider all : The OMB will consider all DATES DATES years. OMB authorization for an ICR written comments that the agency written comments that the agency cannot be for more than three (3) years receives on or before May 26, 2026. receives on or before May 26, 2026. without renewal. The DOL notes that ADDRESSES ADDRESSES submitted to the OMB for existing ICRs receive a month-to-month extension while they undergo review.

Agency: DOL-OFCCP. information collection by selecting information collection by selecting Title of Collection: U.S. Department of ''Currently under 30-day Review--Open ''Currently under 30-day Review--Open Labor Office of Federal Contract for Public Comments'' or by using the for Public Comments'' or by using the Compliance Programs Recordkeeping search function. search function. Requirements--29 U.S.C. 793 Section : : 503 of the Rehabilitation Act of 1973, As Michael Howell by telephone at 202- Michael Howell by telephone at 202- Amended. 693-6782, or by email at DOLPRA 693-6782, or by email at DOLPRA

OMB Control Number: 1250-0005. PUBLIC@dol.gov. PUBLIC@dol.gov. : The U.S. : The U.S. Affected Public: Individual Department of Labor's Office of Federal Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) Contract Compliance Programs (OFCCP) Total Estimated Number of is seeking an extension without change is seeking an extension without change Respondents: 41,647,328. of a currently approved information of a currently approved information Total Estimated Number of collection (OMB #1250-0005). This collection (OMB #1250-0004). This Responses: 41,647,328. information collection request (ICR) information collection request (ICR) covers the information collection covers the information collection Total Estimated Annual Time Burden: burden for various requirements under burden for various requirements under 1,838,752 hours. Section 503 of the Rehabilitation Act of the Vietnam Era Veterans' Readjustment Total Estimated Annual Other Costs 1973, as amended, 29 U.S.C. 793 Assistance Act of 1974, as amended, 38 Burden: $475,085. (Section 503), and its implementing U.S.C. 4212 (VEVRAA), and its regulations at 41 CFR part 60-741. For implementing regulations at 41 CFR part (Authority: 44 U.S.C. 3507(a)(1)(D)) additional substantive information 60-300. For additional substantive Michael Howell, about this ICR, see the related notice information about this ICR, see the Senior Paperwork Reduction Act Analyst. published in the Federal Register on related notice published in the Federal

Register on January 7, 2025 (90 FR 541). August, 25 2025 (90 FR 41415). COM048[FR Doc. 2026-07870 Filed 4-22-26; 8:45 am] Comments are invited on: (1) whether Comments are invited on: (1) whether the collection of information is the collection of information is BILLING CODE 4510-CM-P the functions of the Department, the functions of the Department, have practical utility; (2) the accuracy of have practical utility; (2) the accuracy of the agency's estimates of the burden and the agency's estimates of the burden and cost of the collection of information, cost of the collection of information,

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: The Department of Labor methodology and assumptions used; (3) generally not required to respond to an SUMMARY(DOL) is submitting this Bureau of Labor information collection, unless the OMB ways to enhance the quality, utility and Statistics (BLS)-sponsored information clarity of the information collection; and approves it and displays a currently collection request (ICR) to the Office of (4) ways to minimize the burden of the valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject are to respond, including the use of the Paperwork Reduction Act of 1995 to penalty for failing to comply with a (PRA). Public comments on the ICR are collection of information that does not invited. This information collection is subject display a valid OMB Control Number. to the PRA. A Federal agency generally See 5 CFR 1320.5(a) and 1320.6. : The OMB will consider all DATEScannot conduct or sponsor a collection Agency: DOL-BLS. written comments that the agency Title of Collection: Contingent Work of information, and the public is receives on or before May 26, 2026. Supplement to the Current Population generally not required to respond to an ADDRESSES Survey. information collection, unless the OMB OMB Control Number: 1220-0153. approves it and displays a currently Affected Public: Individuals or valid OMB Control Number. In addition, notwithstanding any other provisions of Total Estimated Number of law, no person shall generally be subject Respondents: 48,000. to penalty for failing to comply with a information collection by selecting Total Estimated Number of collection of information that does not ''Currently under 30-day Review--Open Responses: 48,000. display a valid OMB Control Number. for Public Comments'' or by using the Total Estimated Annual Time Burden: See 5 CFR 1320.5(a) and 1320.6. search function. 2,400 hours. DOL seeks PRA authorization for this Comments are invited on: (1) whether Total Estimated Annual Other Costs information collection for three (3) the collection of information is Burden: $0. years. OMB authorization for an ICR cannot be for more than three (3) years (Authority: 44 U.S.C. 3507(a)(1)(D)) the functions of the Department, without renewal. The DOL notes that Nicole Bouchet, have practical utility; (2) the accuracy of Senior Paperwork Reduction Act Analyst. submitted to the OMB for existing ICRs the agency's estimates of the burden and receive a month-to-month extension [FR Doc. 2026-07872 Filed 4-22-26; 8:45 am] cost of the collection of information, while they undergo review. BILLING CODE 4510-24-P Agency: DOL-OFCCP. methodology and assumptions used; (3) Title of Collection: U.S. Department of ways to enhance the quality, utility and Labor Office of Federal Contract clarity of the information collection; and Compliance Programs Recordkeeping (4) ways to minimize the burden of the Occupational Safety and Health Requirements--38 U.S.C. 4212 Vietnam Era Veterans' Readjustment Assistance are to respond, including the use of Act of 1974, as Amended. [Docket No. OSHA-2010-0042] OMB Control Number: 1250-0004. The Standard on Gear Certification; Affected Public: Individual : Extension of the Office of Management Nicole Bouchet by telephone at 202- and Budget's (OMB) Approval of Total Estimated Number of 693-0213, or by email at DOLPRA Information Collection (Paperwork) Respondents: 32,482,058. PUBLIC@dol.gov. Requirements Total Estimated Number of : The Responses: 32,482,058. : Occupational Safety and Health Contingent Work Supplement questions AGENCYTotal Estimated Annual Time Burden: Administration (OSHA), Labor. focus on people with contingent jobs-- 4,267,338 hours. : Request for public comments. those that people do not expect to last Total Estimated Annual Other Costs ACTIONor that are temporary--and workers in Burden: $356,313. : OSHA solicits public SUMMARYalternative employment arrangements, comments concerning its proposal to (Authority: 44 U.S.C. 3507(a)(1)(D).) such as independent contractors, on-call extend the Office of Management and workers, temporary help agency Michael Howell, Budget (OMB) approval of the workers, and workers provided by Senior Paperwork Reduction Act Analyst. contract firms. There are also questions [FR Doc. 2026-07869 Filed 4-22-26; 8:45 am] specified in the Standard on Gear about identifying digital labor platform Certification. BILLING CODE 4510-CM-P workers, those who obtain work or pick : Comments must be submitted tasks by using a digital labor platform DATES (postmarked, sent, or received) by June mobile application (app) or website to 22, 2026. directly connect them with customers or Bureau of Labor Statistics clients and arrange payment for the : ADDRESSES Electronically: You may submit tasks. For additional substantive comments and attachments information about this ICR, see the Activities; Submission for OMB related notice published in the Federal electronically at https://Review; Consumer Expenditure Register on February 10, 2026 (91 FRN www.regulations.gov, which is the Surveys: Contingent Work Supplement Federal eRulemaking Portal. Follow the 5957). to the Current Population Survey This information collection is subject instructions online for submitting to the PRA. A Federal agency generally comments. : Notice of availability; request ACTIONcannot conduct or sponsor a collection Docket: To read or download of information, and the public is comments or other material in the

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docket, go to https:// maximum extent feasible unnecessary Number of Responses: 6,222.

Frequency of Responses: Varies. www.regulations.gov. Documents in the duplication of effort in obtaining

Average Time per Response: Varies. information (29 U.S.C. 657). The docket are listed in the https://Estimated Total Burden Hours: 129. following sections describe who use the www.regulations.gov index; however, Estimated Cost (Operation and some information (e.g., copyrighted information collected under each Maintenance): $3,243,500. requirement, as well as how they use it. material) is not publicly available to The purposes of these requirements are read or download through the websites. IV. Public Participation--Submission of All submissions, including copyrighted to address the burden hours associated Comments on This Notice and Internet material, are available for inspection with gathering information to complete Access to Comments and Submissions the OSHA 70 Form. The OSHA 70 Form through the OSHA Docket Office. You may submit comments in is used by applicants seeking Contact the OSHA Docket Office at (202) response to this document as follows: 693-2350 (TTY (877) 889-5627) for accreditation from OSHA to be able to (1) electronically at https://test or examine certain equipment and assistance in locating docket www.regulations.gov, which is the material handling devices as required submissions. Federal eRulemaking Portal; or (2) by under the maritime regulations, part facsimile (fax), if your comments, include the agency name and OSHA 1915 (Shipyard Employment), part 1917 including attachments, are not longer docket number (OSHA-2010-0042) for (Marine Terminals), and part 1918 than 10 pages you may fax them to the the Information Collection Request (Longshoring). The OSHA 70 Form OSHA Docket Office at 202-693-1648. (ICR). OSHA will place all comments, application for accreditation provides All comments, attachments, and other including any personal information, in an easy means for companies to apply material must identify the agency name the public docket, which may be made for accreditation. and the OSHA docket number for the available online. Therefore, OSHA II. Special Issues for Comment ICR (OSHA-2010-0042). You may cautions interested parties about supplement electronic submission by OSHA has a particular interest in submitting personal information such as uploading document files electronically. comments on the following issues: social security numbers and birth dates. • Whether the proposed information Comments and submissions are For further information on submitting collection requirements are necessary posted without change at https://comments, see the ''Public www.regulations.gov. Therefore, OSHA Participation'' heading in the section of agency's functions to protect workers, cautions commenters about submitting this notice titled including whether the information is personal information such as social . useful; security numbers and dates of birth. : • The accuracy of OSHA's estimate of Although all submissions are listed in Belinda Cannon, Directorate of the burden (time and costs) of the the https://www.regulations.gov index, Standards and Guidance, OSHA, U.S. information collection requirements, some information (e.g., copyrighted Department of Labor; telephone (202) material) is not publicly available to 693-2222. read or download from this website. All : • The quality, utility, and clarity of submissions, including copyrighted the information collected; and material, are available for inspection • Ways to minimize the burden on and copying at the OSHA Docket Office. The Department of Labor, as part of employers who must comply; for Information on using the https://the continuing effort to reduce example, by using automated or other www.regulations.gov website to submit paperwork and respondent (i.e., technological information, and comments and access the docket is employer) burden, conducts a transmission techniques. available at the website's ''User Tips'' preclearance consultation program to link. III. Proposed Actions provide the public with an opportunity Contact the OSHA Docket Office at to comment on proposed and OSHA is requesting that OMB extend (202) 693-2350, (TTY (877) 889-5627) continuing information collection the approval of the information for information about materials not requirements in accordance with the collection requirements contained in the available from the website, and for Paperwork Reduction Act of 1995 (PRA) Gear Certification Standard. The agency assistance in using the internet to locate (44 U.S.C. 3506(c)(2)(A)). This program is seeking an adjustment increase in the docket submissions. ensures that information is in the burden of 20 hours (from 109 to 129 desired format, reporting burden (time V. Authority and Signature hours). The current requested and costs) is minimal, the collection adjustment increase is due to an Amanda Laihow, Principal Deputy instruments are clearly understood, and increase in the number of certifications Assistant Secretary of Labor for OSHA's estimate of the information from 5,000 to 6,187. Occupational Safety and Health, collection burden is accurate. The OSHA will summarize the comments directed the preparation of this notice. Occupational Safety and Health Act of submitted in response to this notice and The authority for this notice is the 1970 (OSH Act) (29 U.S.C. 651 et seq.) will include this summary in the Paperwork Reduction Act of 1995 (44 authorizes information collection by request to OMB to extend the approval U.S.C. 3506 et seq.) and Secretary of employers as necessary or appropriate of the information collection Labor's Order No. 7-2025 (90 FR for enforcement of the OSH Act or for 27878). developing information regarding the Type of Review: Extension of a causes and prevention of occupational Signed at Washington, DC, on April 17, currently approved data collection. 2026. injuries, illnesses, and accidents (29 Title: The Standard on Gear Amanda Laihow, U.S.C. 657). The OSH Act also requires Certification (29 CFR 1919). that OSHA obtain such information OMB Control Number: 1218-0003. Principal Deputy Assistant Secretary of Labor with minimum burden upon employers, for Occupational Safety and Health. Affected Public: Business or other for- especially those operating small profits. [FR Doc. 2026-07871 Filed 4-22-26; 8:45 am] businesses, and to reduce to the Number of Respondents: 629. BILLING CODE 4510-26-P

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''provide for the widest practicable and NATIONAL AERONAUTICS AND EXECUTIVE OFFICE OF THE appropriate dissemination of SPACE ADMINISTRATION PRESIDENT information concerning its activities and [NASA Document Number: 26-021; NASA Office of National Drug Control Policy the results thereof,'' and to enhance Docket Number: NASA-2026-0167] public understanding of, and Paperwork Reduction Act; Proposed participation in, the nation's Name of Information Collection: Collection; Comment Request aeronautical and space program. Automated Technology Licensing

: Office of National Drug Control Application System (ATLAS) II. Methods of Collection AGENCYPolicy. NASA is participating in Federal : National Aeronautics and AGENCY: 60-Day notice and request for ACTIONefforts to extend the use of information Space Administration (NASA). comments. Revisions of currently technology to more Government : Notice of renewal of information ACTIONapproved collection: Drug-Free processes via internet. NASA Communities (DFC) Support Program encourages recipients to use the latest and Community-Based Coalition : NASA, as part of its computer technology in preparing SUMMARYEnhancement Grants to Address Local continuing effort to reduce paperwork documentation. Companies and Drug Crisis (CARA) Local Drug Crisis and respondent burden, invites the individuals submit license applications Program National Evaluation. general public and other Federal by completing the automated form by agencies to take this opportunity to way of the Automated Technology SUMMARYcomment on proposed and/or Licensing Application System (ATLAS). Paperwork Reduction Act of 1995, the continuing information collections, as NASA requests all license applications Office of National Drug Control Policy required by the Paperwork Reduction to be submitted via electronic means. (ONDCP) announces it will submit to Act of 1995 (PRA). the Office of Management and Budget III. Data : Comments are due by June 22, (OMB) Office of Information and DATESTitle: Automated Technology 2026. Regulatory Affairs (OIRA) an Licensing Application System (ATLAS). information collection request. OMB Number: 2700-0169. ADDRESSES: ONDCP encourages and will recommendations for this information Type of review: Renewal of DATEScollection should be sent within 60 days accept public comments on or before 60 Information Collection. of publication of this notice at http://days after the date of this publication. Affected Public: Public and www.regulations.gov and search for : Address all comments in ADDRESSESNASA Docket NASA-2026-0167. writing within 60 days to the Office of Activities: 1. : Grants and Programs. Email is the most Estimated Number of Respondents reliable means of communication. The Requests for additional information or per Activity: 539. DFC Program inbox is copies of the information collection Annual Responses: 539. instrument(s) and instructions should MBX.ONDCP.DFC@ondcp.eop.gov. Estimated Time per Response: 8 Mailing address is: Executive Office of be directed to NASA PRA Clearance hours. the President, Office of National Drug Officer, Stayce Hoult, NASA Estimated Total Annual Burden Control Policy, Office of Grants and Headquarters, 300 E Street SW, JC0000, Hours: 4,312. Programs, Drug-Free Communities Washington, DC 20546, or email hq- (DFC) Support Program, 1800 G Street ocio-pra-program@mail.nasa.gov. IV. Request for Comments NW, Suite 9110, Washington, DC 20006. : Comments are invited on: (1) Whether : I. Abstract Abstract: ONDCP administers the The information submitted by the Drug-Free Communities (DFC) Support of the functions of NASA, including public is a license application for those Program and Community-Based whether the information collected has companies and individuals who wish to Coalition Enhancement Grants to practical utility; (2) the accuracy of obtain a patent license for NASA Address Local Drug Crisis (CARA) Local NASA's estimate of the burden patented technology. Information Drug Crisis Programs. The DFC Program (including hours and cost) of the needed for the license application in has two primary goals: To reduce youth proposed collection of information; (3) ATLAS may include supporting substance abuse, and to support documentation such as a certificate of community anti-drug coalitions by incorporation, a financial statement, a establishing, strengthening, and collected; and (4) ways to minimize the business and/or commercialization fostering collaboration among public plan, a project revenue/royalty and private agencies. The CARA Local on respondents, including automated spreadsheet, and a company balance Drug Crisis grant program funds current collection techniques or the use of other sheet. At a minimum, all license or former DFC grant award recipients to forms of information technology. applicants must submit a satisfactory focus on preventing and reducing the Comments submitted in response to plan for the development and/or misuse of opioids, prescription this notice will be summarized and marketing of an invention. The collected medication, and the use of included in the request for OMB information is used by NASA to ensure methamphetamines among youth ages approval of this information collection. that companies that see to 12-18 in communities throughout the They will also become a matter of commercialize NASA technologies have public record. Under reauthorization legislation (21 a solid business plan for bringing the U.S.C. 1521), Congress mandated an Stayce Hoult, technology to market. evaluation of the DFC program to NASA is committed to effectively PRA Clearance Officer, National Aeronautics performing the Agency's determine its effectiveness in meeting and Space Administration. communication function in accordance objectives. Under the CARA Local Drug [FR Doc. 2026-07961 Filed 4-22-26; 8:45 am] with the Space Act Section 203(a)(3) to Crisis program statute, CARA Local BILLING CODE 7510-13-P

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on proposed respondents, including the annual progress reports via the DFC & Drug Crisis data collection is authorized CARA Me System. DFC Program and required by Public Law 114-198 use of automated collection techniques Directors also submit annual Coalition Sec 103, ''a grant under this section or other forms of information Asset Survey (CAS) data in DFC & shall be subject to the same evaluation technology. Comments will be accepted CARA Me. Core measures are collected requirements and procedures as the for sixty days. and submitted every two years in evaluation requirements and procedures progress reports for both grant programs. imposed on the recipients of a grant Dario Camacho, Case study interviews and electronic under the Drug-Free Communities Act General Counsel. surveys of Program Directors and of 1997, and may also include an electronic surveys of selected coalition evaluation of the effectiveness at [FR Doc. 2026-07859 Filed 4-22-26; 8:45 am] members will be accomplished once a reducing abuse of opioids or BILLING CODE 3280-F5-P year. methamphetamines''. ONDCP awarded Affected Public: DFC current grant a contract for a DFC grant oversight award recipients and CARA Local Drug system at the end of 2014, following a NATIONAL FOUNDATION ON THE Crisis grant award recipients (includes competitive request for proposals ARTS AND THE HUMANITIES both current and former DFC grant process. The DFC Management and award recipients). Evaluation (DFC Me) system was National Endowment for the Arts Estimated Burden: ONDCP expects launched in 2016. An additional award that the time required to complete each was made in 2019, with the requirement National Council on the Arts 219th DFC annual report via DFC & CARA Me to include CARA Local Drug Crisis Meeting will be approximately 24 hours, and recipients in the system and DFC & each CAS report will take CARA Me continues to be used and : National Endowment for the AGENCYapproximately one hour to complete. updated (https://dfcme.ondcp.eop.gov) Arts, National Foundation on the Arts Face to face interviews will take 1-2 regularly to support grant recipients. and Humanities. hours. The estimated total amount of The development and implementation : Notice of meeting. time required by all DFC respondents of the DFC & CARA Me system provided ACTIONover one year, including Program an improved platform for DFC & CARA : Pursuant to section 10(a)(2) of Directors and recipients to complete recipients to meet data reporting SUMMARYthe Federal Advisory Committee Act, as DFC & CARA Me, CAS, surveys, and requirements of the grant, introduced a amended, notice is hereby given that a interviews, is 19,642 hours. ONDCP DFC Learning Center where resources meeting of the National Council on the expects that the time required to and success stories can be shared, and Arts will be held open to the public in- complete each CARA Local Drug Crisis strengthened ONDCP's continued person and via videoconference. An annual report via DFC & CARA Me will oversight of the programs. The data additional session will be closed to the be approximately 10 hours, with an collected through this system is more public for reasons stated below. estimated total time for all respondents user friendly and validates data during to complete of 640 hours. The combined entry, therefore reducing the burden on : See the DATEShour burden is 19,642 hours. grant award recipients. section for meeting time Goals: ONDCP intends to use the data ONDCP's Drug-Free Communities and date. of the DFC & CARA National office will continue to utilize the case : The National Endowment Evaluations to assess each Program's study protocols previously approved by ADDRESSESeffectiveness in preventing and reducing for the Arts, Constitution Center, 400 OMB to document coalition practices, youth substance use. Two primary Seventh Street SW, Washington, DC successes and challenges. objectives of the evaluation are to: (1) 20560. Please see arts.gov for the most Approximately nine DFC grant award Regularly monitor, measure and analyze up-to-date information. recipients are selected each year to data in order to report on the progress highlight in the case studies. The : of each program and its recipients on information from the case studies will Office of Public Affairs, National program goals, and (2) providing be used to illustrate not only what Endowment for the Arts, Washington, technical assistance support to grant works to reduce drug use in a DC 20506, at PublicAffairs@arts.gov. award recipients in effectively community setting, but also how and : The collecting and submitting data and in why it works. meeting will take place on May 5-6, understanding the role of data in driving The CARA Local Drug Crisis program 2026, and will consist of one closed local coalition efforts. In addition, evaluation makes use of a shortened session and one open session. If, in the ONDCP intends to use the data from the version of the DFC progress report to course of the open session discussion, it CARA Local Drug Crisis grant award support evaluation, monitoring and becomes necessary for the Council to recipients to inform ONDCP and the tracking of progress annually for grant discuss non-public commercial or Administration's efforts to address the award recipients and will provide financial information of intrinsic value, opioid crisis. information to ONDCP and the Comment Request: ONDCP especially the Council will go into closed session Administration's effort to address the invites comments on: Whether the pursuant to subsection (c)(4) of the opioid crisis. proposed data are proper for the Government in the Sunshine Act, 5 Title of Information Collection: Web functions of the agency; whether the U.S.C. 552b, and in accordance with the based data collection, surveys and March 11, 2022, determination of the interviews of DFC and CARA Local the accuracy of ONDCP's estimate of the Chair. Additionally, discussion Drug Crisis grant award recipients. burden of the proposed collection of concerning purely personal information Title: Drug-Free Communities (DFC) information, including the validity of about individuals, such as personal Support Program and CARA Local Drug the methodology and assumptions; ways biographical and salary data or medical Crisis Program National Cross Site to enhance the quality, utility, and information, may be conducted by the Evaluation. Frequency: DFC and CARA Local Council in closed session in accordance collected; and, ways to ease the burden Drug Crisis Program Directors submit with subsection (c)(6) of 5 U.S.C. 552b.

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Detailed Meeting Information Secretarys-Office@sec.gov and serving For the Commission, by the Division of Investment Management, under delegated the Applicants with a copy of the Closed Session: May 5, 2026; 9:00 request by email, if an email address is a.m. to 11:00 a.m. Location: The Radical Sherry R. Haywood, listed for the relevant Applicant below, Hotel, Asheville, NC. This meeting Assistant Secretary. or personally or by mail, if a physical session will be closed to the public for address is listed for the relevant the aforementioned reasons. [FR Doc. 2026-07855 Filed 4-22-26; 8:45 am] Applicant below. The email should Open Session: May 6, 2026; 11:00 BILLING CODE 8011-01-P include the file number referenced a.m. to 12:30 p.m. Location: Wortham Center for the Performing Arts, above. Hearing requests should be SMALL BUSINESS ADMINISTRATION Asheville, and via videoconference. received by the Commission by 5:30 There will be a discussion of general p.m., Eastern time on May 15, 2026, and Data Collection Available for Public agency business. Please see arts.gov for should be accompanied by proof of Comments the most up-to-date information, service on the Applicants, in the form including a link to the videoconference. of an affidavit or, for lawyers, a : 60-Day notice and request for ACTION certificate of service. Pursuant to rule 0- comments. 5 under the Act, hearing requests should David Travis, : The U.S. Small Business state the nature of the writer's interest, SUMMARYSpecialist, Office of Guidelines and Panel Administration (SBA) intends to request any facts bearing upon the desirability Operations. approval, from the Office of of a hearing on the matter, the reason for [FR Doc. 2026-07922 Filed 4-22-26; 8:45 am] Management and Budget (OMB), for the the request, and the issues contested. collection of information described BILLING CODE 7537-01-P Persons who wish to be notified of a below. The Paperwork Reduction Act hearing may request notification by (PRA) requires federal agencies to emailing the Commission's Secretary at SECURITIES AND EXCHANGE publish a notice in the Federal Register Secretarys-Office@sec.gov. concerning each proposed collection of : The Commission: information before submission to OMB, [Investment Company Act Release No. ADDRESSES Secretarys-Office@sec.gov. Applicants: and to allow 60 days for public 36097; File No. 812-15941] comment in response to the notice. This Alyssa M. Bernard, Aristotle Pacific Aristotle Pacific Enhanced CLO notice complies with that requirement. Enhanced CLO Income Fund, c/o U.S. Income Fund, et al. Bank Global Fund Services, 615 East : Submit comments on or before DATES Michigan Street, Milwaukee, Wisconsin June 22, 2026. April 20, 2026. 53202, alyssa.bernard@usbank.com; : Securities and Exchange : Send all comments to AGENCY ADDRESSES Joseph Lallande, Esq., Aristotle Pacific Commission (''Commission'' or ''SEC''). Genevieve Lind, Program Manager, Capital, LLC, 840 Newport Center Drive, : Notice. Office of Investment and Innovation, ACTION 7th Floor, Newport Beach, California Small Business Administration, Notice of application for an order 92660, jlallande@aristotlecap.com, with Washington, DC 20416. under sections 17(d) and 57(i) of the copies to: Deborah Bielicke Eades, : Investment Company Act of 1940 (the Vedder Price P.C., 222 North LaSalle Genevieve Lind, Program Manager, ''Act'') and rule 17d-1 under the Act to Street, Chicago, Illinois 60601, deades@ Office of Investment and Innovation, permit certain joint transactions vedder.com, and Joseph M. Mannon, (206) 800-2714, technology@sba.gov otherwise prohibited by sections 17(d) Vedder Price P.C., 222 North LaSalle and Shauniece Carter, Interim Agency and 57(a)(4) of the Act and rule 17d-1 Street, Chicago, Illinois 60601, Clearance Officer, Shauniece.carter@under the Act. sba.gov, (202) 935-6942. jmannon@vedder.com. : Applicants SUMMARY OF APPLICATION : The Small : request an order to permit certain Business Act, as amended by the Small Trace W. Rakestraw, Senior Special business development companies Business Innovation Research (SBIR) Counsel, or Adam Large, Senior Special (''BDCs'') and closed-end management and Small Business Technology investment companies to co-invest in Counsel, at (202) 551-6825 (Division of Transfer Program (STTR) portfolio companies with each other and Investment Management, Chief Reauthorization Act of 2011, requires with certain affiliated investment Counsel's Office). SBA to collect information on the SBIR entities. and STTR awards made by federal : For : Aristotle Pacific Enhanced APPLICANTS agencies that participate in those Applicants' representations, legal CLO Income Fund, Aristotle Pacific programs. SBA is required to maintain analysis, and conditions, please refer to Capital, LLC, APC High Yield Bond this information in searchable electronic Applicants' second amended Fund, LP, Pacific Asset Management databases and to report the information application, filed April 3, 2026, which Bank Loan Fund L.P., APC Short to Congress annually. may be obtained via the Commission's Duration High Yield Fund, LP, APC website by searching for the file number Solicitation of Public Comments Multi-Sector Bond, LP. at the top of this document, or for an : The application was filed SBA is requesting comments on (a) FILING DATES Applicant using the Company name on November 14, 2025 and amended on Whether the collection of information is search field, on the SEC's EDGAR March 9, 2026 and April 3, 2026. necessary for the agency to properly system. : perform its functions; (b) whether the HEARING OR NOTIFICATION OF HEARING The SEC's EDGAR system may be An order granting the requested relief burden estimates are accurate; (c) searched at https://www.sec.gov/search- will be issued unless the Commission whether there are ways to minimize the filings. You may also call the SEC's orders a hearing. Interested persons may burden, including through the use of Office of Investor Education and request a hearing on any application by automated techniques or other forms of information technology; and (d) whether emailing the SEC's Secretary at Advocacy at (202) 551- 8090.

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Primary Counties: City and County of there are ways to enhance the quality, (Catalog of Federal Domestic Assistance Honolulu, Hawaii, Maui. utility, and clarity of the information. Number 59008) The Interest Rates are: (Authority:13 CFR 123.(b).) Summary of Information Collection

James Stallings, OMB Control No.: 3245-0356. Percent Associate Administrator, Office of Disaster Title: Small Business Innovation Recovery & Resilience. Research (SBIR) and Small Business For Physical Damage:

Private Non-Profit Organiza-Technology Transfer (STTR) Tech-Net [FR Doc. 2026-07964 Filed 4-22-26; 8:45 am] tions with Credit Available Database. BILLING CODE 8026-09-P Elsewhere .............................. 3.625 Description of Respondents: Small Private Non-Profit Organiza-businesses planning to apply to the tions without Credit Available SMALL BUSINESS ADMINISTRATION SBIR or STTR programs and awardees of Elsewhere .............................. 3.625 the SBIR or STTR programs. [Disaster Declaration #21528 and #21529; For Economic Injury: Form Number: N/A. Private Non-Profit Organiza-HAWAII Disaster Number HI-20014]

tions without Credit Available Presidential Declaration of a Major Elsewhere .............................. 3.625 17,050. Disaster for Public Assistance Only for Total Estimated Annual Hour Burden: The number assigned to this disaster the State of Hawaii 6,800. for physical damage is 215286 and for : U.S. Small Business economic injury is 215290. Shauniece Carter, AGENCY

Interim Agency Clearance Officer. (Catalog of Federal Domestic Assistance : Notice. ACTION Number 59008) FR Doc. 2026-07898 Filed 4-22-26; 8:45 am : This is notice of the BILLING CODE 8026-09-P SUMMARY Presidential declaration of a major James Stallings, disaster for Public Assistance Only for Associate Administrator, Office of Disaster SMALL BUSINESS ADMINISTRATION the state of Hawaii (FEMA-4909-DR), Recovery & Resilience. [Disaster Declaration #21519 and #21520; dated April 7, 2026. [FR Doc. 2026-07963 Filed 4-22-26; 8:45 am] HAWAII Disaster Number HI-20010] Incident: Severe Storms, Flooding, BILLING CODE 8026-09-P Landslides, and Mudslides. Presidential Declaration Amendment of : Issued on April 7, 2026. a Major Disaster for the State of Hawaii DATES DEPARTMENT OF STATE Incident Period: March 10, 2026 : U.S. Small Business through March 24, 2026. AGENCY [Public Notice: 13000] Physical Loan Application Deadline

Date: June 15, 2026. : Amendment 1. Notice of Determinations; Culturally ACTIONEconomic Injury (EIDL) Loan Significant Objects Being Imported for : This is an amendment of the Application Deadline Date: January 7, SUMMARY Exhibition--Determinations: ''The Presidential declaration of a major 2027. Beautiful Game. . . The Untold Story'' disaster for the State of Hawaii (FEMA- Exhibition : Visit the MySBA Loan ADDRESSES4909-DR), dated April 7, 2026. Portal at https://lending.sba.gov to : Notice is hereby given of the Incident: Severe Storms, Flooding, SUMMARYapply for a disaster assistance loan. following determinations: I hereby Landslides, and Mudslides. : determine that certain objects being : Issued on April 17, 2026. DATESJennifer Talarico, Office of Disaster imported from abroad pursuant to Incident Period: March 10, 2026 Recovery and Resilience, U.S. Small agreements with their foreign owners or through March 24, 2026. Business Administration, 409 3rd Street custodians for temporary display in the Physical Loan Application Deadline SW, Suite 6050, Washington, DC 20416, exhibition ''The Beautiful Game . . . Date: June 15, 2026. (202) 205-6734. The Untold Story'' at the Holocaust Economic Injury (EIDL) Loan Museum LA, in Los Angeles, California, : Notice is Application Deadline Date: January 7, and at possible additional exhibitions or hereby given as a result of the 2027. venues yet to be determined, are of President's major disaster declaration on : Visit the MySBA Loan cultural significance, and, further, that ADDRESSESApril 7, 2026, Private Non-Profit Portal at https://lending.sba.gov to their temporary exhibition or display organizations providing essential apply for a disaster assistance loan. within the United States as services of a governmental nature may aforementioned is in the national : file disaster loan applications online interest. I have ordered that Public Jennifer Talarico, Office of Disaster using the MySBA Loan Portal https:// Notice of these determinations be Recovery and Resilience, U.S. Small lending.sba.gov or in person at other published in the Federal Register. Business Administration, 409 3rd Street locally announced locations. For further SW, Suite 6050, Washington, DC 20416, : assistance please contact the SBA (202) 205-6734. Reed Liriano, Program Coordinator, disaster assistance customer service Office of the Legal Adviser, U.S. : The notice center by email at Department of State (telephone: 202- of the President's major disaster disastercustomerservice@sba.gov or by 632-6471; email: section2459@declaration for the State of Hawaii, phone at 1-800-659-2955. If you are state.gov). The mailing address is U.S. dated April 7, 2026, is hereby amended deaf, hard of hearing, or have a speech Department of State, L/PD, 2200 C to extend the deadline for filing disability, please dial 7-1-1 to access Street, NW (SA-5), Suite 5H03, applications for physical damages as a Washington, DC 20522-0505. result of this disaster to June 15, 2026. The following areas have been : The All other information in the original determined to be adversely affected by foregoing determinations were made declaration remains unchanged. the disaster:

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the exemption. Petitions for stay must pursuant to the authority vested in me totaling approximately 19.3 miles of mainline and connecting track, be filed no later than April 30, 2026. by the Act of October 19, 1965 (79 Stat. All pleadings, referring to Docket No. consisting of the following segments: (1) 985; 22 U.S.C. 2459), Executive Order FD 36890, must be filed with the from approximately milepost 4.5 (at or 12047 of March 27, 1978, the Foreign Surface Transportation Board either via near Bridge Junction) to approximately Affairs Reform and Restructuring Act of e-filing on the Board's website or in milepost 12.2 (at or near IC Junction); 1998 (112 Stat. 2681, et seq.; 22 U.S.C. writing addressed to 395 E Street SW, (2) the Peoria Uptown Subdivision, 6501 note, et seq.), Delegation of Washington, DC 20423-0001. In extending from approximately milepost Authority No. 234 of October 1, 1999, addition, a copy of each pleading must 0.0 (at or near Bridge Junction) to Delegation of Authority No. 236-3 of approximately milepost 5.4 (at or near be served on TZPR's representative, August 28, 2000, and Delegation of Iowa Interstate Junction); (3) the Justin J. Marks, Clark Hill PLC, 1001 Authority No. 523 of December 22, Southern Subdivision, extending from Pennsylvania Ave. NW, Suite 1300 2021. approximately milepost 0.0 (at or near South, Washington, DC 20004. Sherry C. Keneson-Hall, According to TZPR, this action is UP Junction) to approximately milepost

Principal Deputy Assistant Secretary for categorically excluded from 4.5 (at or near Bridge Junction); and (4)

Educational and Cultural Affairs, Bureau of environmental review under 49 CFR the Nickel Plate Sub, extending from Educational and Cultural Affairs, Department 1105.6(c) and from historic preservation approximately milepost 0.0 (at or near of State. Wesley Junction) to approximately reporting requirements under 49 CFR [FR Doc. 2026-07924 Filed 4-22-26; 8:45 am] milepost 1.7 (at or near P&PU Junction). 1105.8(b). According to the verified notice, Board decisions and notices are BILLING CODE 4710-05-P TZPR currently operates the Lines via a available at www.stb.gov. lease agreement entered into with PPU Decided: April 20, 2026. DEPARTMENT OF STATE in 2004. See Tazewell & Peoria R.R.-- 1 By the Board, Anika S. Cooper, Chief Lease & Operation Exemption--Peoria & [Public Notice: 13002] Counsel, Office of Chief Counsel. Pekin Union Ry., FD 34544 (STB served Eden Besera, Title: Cancellation of Shipping Sept. 28, 2004). TZPR will continue Clearance Clerk. Coordination Committee Public operating the Lines through the Lease Meeting in Preparation for International Agreement, which has a term of 20 years [FR Doc. 2026-07852 Filed 4-22-26; 8:45 am] Maritime Organization MEPC84 and allows for two five-year extensions. BILLING CODE 4915-01-P Session TZPR certifies that its projected annual revenues as a result of this The subject public meeting scheduled transaction will not exceed those that for April 15, 2026, and noticed in 91 FR would qualify it as a Class III rail carrier 12038 and 91 FR 18522 was cancelled and that its annual revenues currently due to the lapse in appropriations exceed $5 million. Pursuant to 49 CFR [Docket No. FAA-2026-3339] impacting the Department of Homeland 1150.42(e), if a carrier's projected Security and the United States Coast annual revenues will exceed $5 million, Guard. All those who RSVP'ed were Activities: Requests for Comments; it must, at least 60 days before the contacted via email to inform of the Clearance of a Renewed Collection exemption becomes effective, post a cancellation. For further information, Approval of Information Collection: notice of its intent to undertake the contact IO-Press@State.Gov. Fueling Aviation's Sustainable proposed transaction at the workplace Transition Grant Program of the employees on the affected lines, (Authority: 22 U.S.C. 2656.) serve a copy of the notice on the Emily C. Miletello, AGENCY national offices of the labor unions with Coast Guard Liaison Officer, Office of Ocean employees on the affected lines, and : Notice and request for and Polar Affairs, Department of State. ACTION certify to the Board that it has done so. comments. [FR Doc. 2026-07882 Filed 4-22-26; 8:45 am] However, TZPR has filed a request for waiver of the 60-day advance labor BILLING CODE 4710-09-P SUMMARY notice requirements to allow the Paperwork Reduction Act of 1995, FAA exemption to take effect 30 days after invites public comments about our SURFACE TRANSPORTATION BOARD the filing of TZPR's verified notice of intention to request Office of exemption. TZPR's waiver request will Management and Budget (OMB) [Docket No. FD 36890] be addressed in a separate decision. The approval to renew an information Tazewell & Peoria Railroad, Inc.-- Board will establish the effective date of collection. The collection consists of Lease and Operation Exemption-- the exemption in its separate decision reports from grant recipients Peoria and Pekin Union Railway on the waiver request. documenting technical progress, TZPR certifies that the Lease Company schedule, risks, and costs for each Agreement does not include an already awarded FAST grant. The Tazewell & Peoria Railroad, Inc. interchange commitment. information to be collected will be used (TZPR), a Class III rail carrier, has filed If the verified notice contains false or to monitor performance of these a verified notice of exemption under 49 misleading information, the exemption projects. CFR 1150.41 to enter into a lease is void ab initio. Petitions to revoke the : Written comments should be agreement (the Lease Agreement) with exemption under 49 U.S.C. 10502(d) DATES submitted by June 22, 2026. Peoria and Pekin Union Railway may be filed at any time. The filing of Company (PPU) to replace a prior lease : Please send written a petition to revoke will not ADDRESSESagreement between TZPR and PPU. comments: automatically stay the effectiveness of Under the Lease Agreement, TZPR will By Electronic Docket: continue to lease and operate the www.regulations.gov (Enter docket TZPR notes that the Lines' mileposts have been 1entirety of PPU's rail lines (the Lines), number into search field). renumbered since 2004.

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By Mail: Federal Aviation

Administration, Attn: Anna Oldani (AEE-500), 800 Independence Ave. SW, Washington, DC 20591. [Docket No. FRA-2026-0038] : Chris Dorbian by email at:

christopher.dorbian@faa.gov; phone: Request 202-267-8156.

: AGENCYPublic Comments Invited: You are

asked to comment on any aspect of this information collection, including (a) ACTIONWhether the proposed collection of information is necessary for FAA's performance; (b) the accuracy of the SUMMARYestimated burden; (c) ways for FAA to enhance the quality, utility and clarity of the information collection; and (d) ways that the burden could be minimized without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB's clearance of this information collection.

OMB Control Number: 2120-0817. 3501. DATESTitle: Fueling Aviation's Sustainable Transition Grant Program. 2026. Form Numbers: N/A. ADDRESSES Title: Generic Clearance for the Type of Review: Renewal of an Collection of Qualitative Feedback on information collection. Agency Service. Background: The FAA will use this OMB Control Number: 2130-0593. renewed collection to continue to FRA-2026-0038. All comments Abstract: This collection of monitor and evaluate the performance information is necessary to enable FRA of awarded FAST grants. FAA is to garner customer and stakeholder collecting information on technical feedback in an efficient and timely progress, schedule, risks, and costs for manner, consistent with its commitment each project. This information is 0593) in any correspondence submitted. to improving service delivery. The collected via required performance information collected from FRA's reporting deliverables, including customers and stakeholders will help quarterly and publicly releasable annual ensure users have an effective, efficient, reports and semi-annual review and satisfying experience with FRA's presentations. A team of subject matter programs. This feedback will provide experts in aircraft technology insights into customer and stakeholder development and aviation fuels from the : Ms. perceptions, experiences, and FAA and other government agencies expectations; provide an early indicator review these deliverables. This of issues with service; and focus collection is necessary to ensure proper attention on areas where oversight of the use of taxpayer funding communication, training, or changes in and to provide transparency to the operations might improve delivery of public in the form of public reports. The products or services. This collection FAST Grant Program was established will allow ongoing, collaborative, and under Public Law 117-169. actionable communications between Respondents: FAST grant recipients. FRA and its customers and Frequency: Quarterly. stakeholders. It also allows feedback to Estimated Average Burden per contribute directly to the improvement Response: 134 hours per grant recipient of program management. If this per year. information is not collected, vital feedback from customers and 1,876 hours. stakeholders on FRA's services will be unavailable. Issued in Washington, DC, on April 20, Improving FRA's programs requires 2026. ongoing assessment of service delivery. Julie Marks, FRA will collect, analyze, and interpret Executive Director, Federal Aviation information gathered through this Administration--Office of Environment and generic clearance to identify strengths Energy. and weaknesses of current services and [FR Doc. 2026-07853 Filed 4-22-26; 8:45 am] make improvements to service delivery

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• With the exception of information based on feedback. The solicitation of design the collection or expect it to feedback will target areas such as needed to provide remuneration for yield statistically reliable results or use timeliness, appropriateness, information focus group participants and cognitive it as though the results are generalizable accuracy, courtesy, service delivery to the study population; laboratory studies, personally • Participation in the collection is efficiency, and issue resolution. FRA identifiable information (PII) is voluntary; will assess responses to plan and inform collected only to the extent necessary • The collection is low-burden for efforts seeking to improve the quality of and is not retained by FRA. respondents (based on considerations of service offered to customers and In this 60-day notice, FRA made no total burden hours, total number of stakeholders, including the public. FRA changes to the previously approved respondents, or burden hours per will only submit a collection for burden hours or responses. respondent) and is low-cost for both the approval under this generic clearance respondents and the Federal under the following conditions: change of a currently approved • The information gathered is only Government; • The collection is non-controversial used internally for general service Affected Public: Individuals and and does not raise issues of concern to improvement and program management Households; Businesses and other Federal agencies; purposes and is not intended for public Organizations; State, Local or Tribal • The collection is directed to the release; Governments. • The information gathered is not solicitation of opinions from Form(s): N/A. respondents who have experience with used to inform substantially significant Respondent Universe: 5,750. the program or may have experience policy decisions; • The information gathered will yield Frequency of Submission: Once per with the program soon after receiving request. qualitative information. FRA will not the collection; and

EPORTINGURDEN

Average Annual time per Information collection description Office Frequency responses response (minutes) (A) (B) (C = A * B) Surveys, comment cards, inter-Administrator .............................350 Annual, Periodically ..... 10 59

views, focus groups, and web- RRailroad Safety ......................... 350 BAnnual, Periodically ..... 10 59

based technologies for Cus- tomer Service Satisfaction and Delivery.

Research, Data, and Innovation 350 Annual, Periodically ..... 10 59

Railroad Development .............. 350 Annual, Periodically ..... 10 59

Chief Financial Officer .............. 350 Annual, Periodically ..... 10 59

Web-based technologies for Railroad Development .............. 3,500 Annual, Periodically ..... 1 58

Customer Service Satisfaction and Delivery related to the im- provement of webinar-based stakeholder engagement. Surveys, comment cards, inter- Railroad Development .............. 500 Annual, Periodically ..... 15 125

views, focus groups, and web- based technologies for Cus- tomer Service Satisfaction and Delivery related to the im- provement of stakeholder ca- pacity building and training re- sources.

Totals .................................. ................................................... 5,750 ...................................... ........................ 475

(Authority: 44 U.S.C. 3501-3520.) 5,750.

Total Estimated Annual Burden: 475

hours. [Docket Number FRA-2018-0100] [FR Doc. 2026-07888 Filed 4-22-26; 8:45 am]

Notice of Petition for Waiver of Compliance

AGENCY

: Notice. ACTION

SUMMARYpublic notice that Norfolk Southern

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Railway Company (NS) petitioned FRA for relief from certain regulations concerning training requirements. : ADDRESSES

DATES

: ADDRESSES

docket.

Caleb Rogers, Railroad Safety Specialist, FRA Motive Power & Equipment Division, telephone: 202-493-6322, docket. email: caleb.rogers@dot.gov.

: : Under Check Kam, Rail Safety Specialist, FRA part 211 of title 49 Code of Federal Motive Power & Equipment Division, Regulations (CFR), this document telephone: 202-366-2139, email: provides the public notice that by letter check.kam@dot.gov. received February 18, 2026, SM : Under petitioned FRA for an extension of a part 211 of title 49 Code of Federal special approval pursuant to 49 CFR Regulations (CFR), this document part 215 (Railroad Freight Car Safety provides the public notice that by Standards), and a waiver of compliance undated letter received February 25, from certain provisions of the Federal 2026, NS petitioned FRA for relief from railroad safety regulations contained in certain provisions of the Federal part 215. The relevant Docket Number is railroad safety regulations contained at FRA-2020-0086. Specifically, SM requests to extend 49 CFR part 232, Brake System Safety the previous special approval pursuant Standards for Freight and Other Non- [FR Doc. 2026-07925 Filed 4-22-26; 8:45 am] to § 215.203, Restricted cars, in this Passenger Trains and Equipment; End- docket for 3 cars (SM 1001, SM 1002, of-Train Devices. The relevant Docket and SM 1003) and 2 cabooses (SM 0616 Number is FRA-2018-0100. Specifically, NS seeks relief from and SM X395) that are more than 50 § 232.203(b)(8), Training requirements, years from the date of original to use virtual simulations using web- construction. SM also seeks extended based or desktop software to satisfy the relief from § 215.303, Stenciling of [Docket Number FRA-2020-0086] ''hands-on'' portion of periodic refresher restricted cars. SM states that the cars training for transportation employees. will not interchange with any other Notice of Petition for Extension of NS states that since the blended training railroads and will be used in passenger Waiver of Compliance curriculum provides a greater volume of service. SM adds that the stenciling defects than in a real-world scenario, its relief is requested because SM ''strives AGENCY''employees are able to more accurately to have [its] equipment represent identify issues, recognize patterns, and original appearances.'' : Notice. apply corrective actions with greater ACTIONconfidence and consistency.'' NS also notes that it is prepared to implement SUMMARY public notice that St. Mary's Railroad the training ''across conductor and (SM) petitioned FRA for an extension of supervisor crafts.'' relief from certain regulations concerning stenciling of rail cars.

DATES

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DATES 3501.

2026.

ADDRESSES

Title: Railroad Police Officers. OMB Control Number: 2130-0537. Abstract: Title 49 CFR part 207 FRA-2026-0037. All comments requires railroads to notify States of all designated police officers who perform duties in their respective jurisdictions who were commissioned as police officers by another State or States. This 0537) in any correspondence submitted. is necessary to verify proper police authority. In addition, if a railroad or police officer certified or commissioned as a police officer under the laws of a State or jurisdiction transfers primary employment or residence from the certifying or commissioning State to another one, the railroad police officer : Ms. must apply to be certified or commissioned as a police officer under the laws of the State of new primary employment or residence not later than one year after the date of transfer. In this 60-day notice, after a thorough review, FRA is making multiple adjustments to its estimates that decrease the currently approved burden hours from 18 hours to 15 hours. This burden decrease is the result of changes summarized below. Section 207.4 requires railroads to provide written notice of a railroad police officer's commission to each State in which the railroad police officer will protect the railroads' property, personnel, passengers, and cargo. Railroads are also required to keep copies of these written notices. The [FR Doc. 2026-07926 Filed 4-22-26; 8:45 am] revised estimate of 52 responses was calculated by applying a 10% employment turnover to the 525 annual commissions reported by the Association of American Railroads (AAR). In addition, after further clarification from OMB, § 207.4(c) [Docket No. FRA-2026-0037] verification by States for receipt of written notices was determined to be excluded from coverage under the PRA. Lastly, § 207.6 requires commissioned Request railroad police officers who transfer primary employment or residence from AGENCYone State to another State or jurisdiction to apply to be commissioned as a police officer under the laws of the State of the ACTIONnew primary State of employment or residence. FRA revised this estimate from 50 transfers annually to 8 transfers SUMMARYannually to reflect more accurately the expected number of transfers over the next three-year information collection period. Overall, these adjustments reduced the annual burden by three hours. change (with changes in estimates) of a

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Affected Public: Railroads and States. Frequency of Submission: On Form(s): N/A. occasion.

Respondent Universe: 768 railroads. B EPORTING URDEN

Respondent CFR Section universe Wage rate dollar cost 1 responses (railroads) equivalent (A) (B) (C) = A * B (D) = C * wage rates 207.4 Notice to State officials --(a) Written notice of railroad (RR) po-768 52 written notices ................ 15 13 $90.19 $1,172.47

lice officer's commission to each State in which the RR police officer shall pro- tect the RR's property, personnel, pas- sengers, and cargo. --(b) RR copy of written notices to State 768 52 records ............................ 2 1.73 90.19 156.03

officials. 207.6 Transfers --Application by RR police officers for 768 8 records .............................. 2 0.27 90.19 24.35

new State certification/commission when transferring primary employment or residence from one State to another. RTotal ................................................. 768 112 responses ..................... ........................ 15 ........................ 1,352.85 2

The dollar equivalent cost is derived from the 2024 Surface Transportation Board Full Year Wage A&B data series using employee group 200 (Professional Ad-1ministrative Staff) hourly wage rate of $51.54. The total burden wage rate (straight time plus 75%) used in the table is $90.19 ($51.54 × 1.75 = $90.19). Totals may not add up due to rounding. 2

seeking approval to discontinue or DATESmodify a signal system. FRA assigned 112 responses. the petition Docket Number FRA-2026- Total Estimated Annual Burden: 15 0661. hours.

: Total Estimated Annual Burden Hour Specifically, PSPR requests to ADDRESSESDollar Cost Equivalent: $1,352.85. discontinue the signal interlocking system on the Elma Mainline in Aberdeen, Washington, at the swing bridge at milepost (MP) 72.2. In addition, the power derails, 2 block signals, and 1 distant signal would be removed. PSPR explains in its petition that the swing bridge interlocker is no (Authority: 44 U.S.C. 3501-3520.) longer essential for the safe movement of railway traffic and is incurring costs due to vandalism. However, the bridge will remain lined for river traffic. [FR Doc. 2026-07887 Filed 4-22-26; 8:45 am]

[Docket Number FRA-2026-0661] Notice of Application for Approval of docket.

Discontinuance or Modification of a : Railroad Signal System Scott Johnson, Railroad Safety Specialist, FRA Signal, Train Control, AGENCY and Crossings Division, telephone: 406- 210-3608, email: scott.j.johnson@

dot.gov. : Notice. ACTION : Under

part 235 of title 49 Code of Federal SUMMARYpublic notice that the Puget Sound & Regulations (CFR) and 49 U.S.C. Pacific Railroad (PSPR) petitioned FRA 20502(a), this document provides the seeking approval to discontinue or public notice that by letter received modify a signal system. March 9, 2026, PSPR petitioned FRA

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an activation failure. These required actions are set forth in 49 CFR part 234. An activation failure is defined as the failure of a grade crossing warning system to indicate the approach of a train at least 20 seconds prior to the : Ms. train's arrival at the crossing or to indicate the presence of a train occupying the crossing. Specifically, railroads must report to FRA every impact between on-track railroad better inform its processes. DOT posts equipment and an automobile, bus, these comments, without edit, including truck, motorcycle, bicycle, farm vehicle, any personal information the or pedestrian at a highway-rail grade commenter provides, to crossing involving an activation failure. Notification must be provided to the National Response Center (NRC) within 24 hours of occurrence at the stipulated https://www.transportation.gov/privacy. toll-free telephone number. In addition, See also https://www.regulations.gov/ railroads must report to FRA each activation failure of a highway-rail grade warning system within 15 days. Form FRA F 6180.83, ''Highway-Rail Grade Crossing Warning System Activation Failure Report,'' must be used for this purpose and completed using the instructions printed on the form. With [FR Doc. 2026-07927 Filed 4-22-26; 8:45 am] this information, FRA can identify the causes of activation failures and investigate them to determine whether periodic maintenance, inspection, and testing standards are effective. In this 60-day notice, FRA is updating the existing Form FRA F 6180.83, [Docket No. FRA-2026-0595] ''Highway-Rail Grade Crossing Warning System Activation Failure Report.'' While the proposed revisions do not reduce the 10-minute average response Request time, they streamline the form and are

AGENCY intended to obtain additional clarity

from responses provided in the ''Corrective Action'' section. FRA is proposing the following edits to Form ACTIONFRA F 6180.83. First, a new data field with the phrase, ''Loss of Shunt SUMMARYInvolved,'' and a ''Yes'' or ''No'' checkbox would be added under ''DOT Crossing Number'' in the top right block on the form. In addition, in the top right block, the data field for the reporting employee's signature would be removed. With the change from the form being submitted via mail to the use of a dedicated email to submit the form to FRA, a signature is no longer necessary. In the ''Classification'' section, a fillable DATES3501. text box has been added to the ''Current 2026. Active Warning Devices'' data field to allow users to provide additional ADDRESSESinformation when selection ''7--Other Title: Grade Crossing Signal System (Describe)'' is checked. Safety Regulations. Under ''Corrective Action,'' the boxes OMB Control Number: 2130-0534. FRA-2026-0595. All comments for ''Cause of Failure Codes'' would be Abstract: FRA believes that highway- removed and replaced with a drop- rail grade crossing (grade crossing) down list of failure codes that can be accidents resulting from warning system selected. Lastly, cause code ''j PTC/ failures can be reduced. To ensure Wireless Device'' would be added to safety, railroads are required to take 0534) in any correspondence submitted. certain actions when they are notified of 56 FR 33722 (1991); 59 FR 50086 (1994). 1

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cause codes for ''3 Equipment'', and FRA has made no changes to the Affected Public: Businesses previously approved burden of 5,042 (railroads). cause code ''i Train Crew Non-

Form(s): FRA F 6180.83. hours and 60,252 responses. Compliance with Rules'' would be Respondent Universe: 784 railroads. added to cause codes under ''4 Human change of a currently approved Frequency of Submission: On Factor''. occasion/monthly.

B EPORTINGURDEN

Respondent Wage Total cost CFR section universe responses rates equivalent in U.S.D 2(railroads) (minutes) (A) (B) (C = A * B) (D = C * wage rates) 234.7 Accidents involving grade crossing signal failure

--(a) Telephone notification to the NRC ........... 784 2 phone calls .............. 2 0.10 $83.32 $8.33

234.9 Grade crossing signal system failure reports --Report to FRA on Form 6180.83, ''Highway- 784 250 reports ................. 10 42 83.32 3,499.44

RRail Grade Crossing Warning System Activa- tion Failure Report''. Subpart C Response to Credible Reports of Warning System Malfunction at Highway-Rail Grade Crossings --234.105/106/107 Activation failure, partial 784 30,000 notifications .... 5 2,500 83.32 208,300.00

and false activation. Notifications to required parties. 234.109 Recordkeeping

--Recordkeeping ................................................ 784 30,000 records ........... 5 2,500 83.32 208,300.00

Total .......................................................... 784 60,252 responses ....... N/A 5,042 ........................ 420,107.77 3

SUMMARY60,252. public notice that the Western Maryland docket.

Scenic Railroad Development Total Estimated Annual Burden: : Corporation (WMSR) petitioned FRA for 5,042 hours. Michael Barron, Railroad Safety relief from certain regulations Total Estimated Annual Burden Hour Specialist, FRA Motive Power & concerning a locomotive's fifth annual Dollar Cost Equivalent: $420,107.77. Equipment Division, telephone: 202- inspection. 493-1367, email: michael.barron@

dot.gov. DATES : Under

part 211 of title 49 Code of Federal Regulations (CFR), this document : provides the public notice that by letter ADDRESSESAuthority: 44 U.S.C. 3501-3520. dated March 17, 2026, WMSR petitioned FRA for a waiver of compliance from certain provisions of the Federal railroad safety regulations [FR Doc. 2026-07886 Filed 4-22-26; 8:45 am] contained at 49 CFR part 230 (Steam Locomotive Inspection and Maintenance Standards). FRA assigned the petition Docket Number FRA-2026-

0793.

Specifically, WMSR seeks relief from the requirements of § 230.16(a)(2), [Docket Number FRA-2026-0793] Annual inspection--fifth annual

inspection, for locomotive No. 1309. In Notice of Petition for Waiver of its petition, WMSR requests a six-month Compliance extension on the deadline of No. 1309's fifth annual inspection, moving the AGENCYdeadline to November 1, 2026. WMSR states that the extension will ''alleviate crucial shop scheduling obstacles'' and : Notice. ACTIONenable continuation of operations

The dollar equivalent cost is derived from the includes a 75-percent overhead charge. For Totals may not add due to rounding. 2 32024 STB Full Year Wage A&B data series using the Transportation (Other than Train & Engine) staff, appropriate employee group hourly wage rate that this cost amounts to $83.32 per hour.

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through an important revenue season. The petition adds that the locomotive will operate no more than 100 service days during the extension. Further, [FTA Docket No. FTA 2026-0036] WMSR intends to complete an annual inspection by its current deadline, May FR 60231) in the Federal Register Under OMB Review: Transit Research, 8, 2026. Development, Demonstration,

Deployment and Training Projects : Federal Transit Administration, AGENCYDepartment of Transportation (DOT).

ACTION SUMMARY

DATES published. 44 U.S.C. 3507(b)-(c); 5 CFR

ADDRESSES

FR 44983.

Title: Transit Research, Development,

Demonstration, Deployment and Training Projects. OMB Control Number: 2132-0546.

collection. The Federal Transit : Tia Administration administers a suite of grant programs that support research, development, demonstration, deployment, cooperative research, technical assistance, standards [FR Doc. 2026-07928 Filed 4-22-26; 8:45 am] development, and workforce training in

: The public transportation. These programs provide funding for projects that advance new technologies and practices, address operational challenges, support national research efforts, offer technical assistance to the transit industry, and strengthen the

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public transportation workforce. FR 44983. Together, these programs help transit agencies improve service delivery, enhance safety, develop industry standards, and build the skills and capabilities needed across the transit workforce. Information collected through these programs is used to

Title: All Stations Accessibility evaluate applications, select projects for Program (ASAP). funding, monitor progress, and share

OMB Control Number: 2132-0582. results with stakeholders.

Respondents: Federal Government

Departments, agencies, and instrumentalities of the Government, including Federal laboratories; State and local governmental entities; providers of public transportation; private or non- profit organizations; institutions of collection. FTA's All Stations higher education; and technical and Accessibility Program (ASAP) is a community colleges. : Tia competitive grant program that helps

Respondents: 175 respondents. transit agencies upgrade older rail and other fixed-guideway stations, so they Responses: 775 responses. are fully accessible to all riders. The program focuses on bringing legacy 20,550 hours. stations; especially those built before : The Frequency: Every Two years. modern accessibility requirements into compliance by funding improvements Kusum Dhyani, such as elevators, ramps, level boarding, Director, Office of Management Planning. and other accessibility features. ASAP

[FR Doc. 2026-07970 Filed 4-22-26; 8:45 am] supports transit systems in removing

barriers to station access and ensuring BILLING CODE 4910-57-P that all passengers can use public transportation independently and reliably.

Respondents: Eligible applicants for

ASAP include designated recipients that [FTA Docket No. FTA 2026-0038] allocate funds to legacy rail fixed guideway public transportation systems, FR 60230) in the Federal Register states (including territories and Under OMB Review: All Stations Washington DC) or local governmental Accessibility Program (ASAP) entities that operate legacy rail fixed guideway public transportation system. : Federal Transit Administration, AGENCYDepartment of Transportation (DOT). Respondents: 20 respondents. ACTION

Responses: 40 responses. SUMMARYEstimated Total Annual Burden: 280

hours.

Frequency: Annually. Kusum Dhyani, Director, Office of Management Planning.

[FR Doc. 2026-07966 Filed 4-22-26; 8:45 am]

BILLING CODE 4910-57-P

DATES published. 44 U.S.C. 3507 (b)-(c); 5 CFR

ADDRESSES [FTA Docket No. FTA 2026-0037]

Under OMB Review: Public Transportation Emergency Relief Program : Federal Transit Administration, AGENCYDepartment of Transportation (DOT).

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capital projects to repair and rebuild ACTIONafter a disaster and to reimburse them for operating expenses incurred while SUMMARY preparing for and responding to disasters. Respondents: Public transit agencies, States, federally recognized tribes, local governmental authorities responsible for public transportation and other eligible public transportation providers designated by a State or local government.

DATES Responses: 26 responses. published. 44 U.S.C. 3507 (b)-(c); 5 CFR

ADDRESSES 4,680 hours. Frequency: Annually.

Kusum Dhyani, Director, Office of Management Planning.

[FR Doc. 2026-07968 Filed 4-22-26; 8:45 am]

BILLING CODE 4910-57-P

FR 44983. Great Lakes St. Lawrence Seaway

Development Corporation Advisory Board; Notice of Public Meeting : Great Lakes St. Lawrence AGENCYSeaway Development Corporation, DOT. Title: Public Transportation Emergency Relief Program. ACTIONOMB Control Number: 2132-0575. : This notice announces the SUMMARYvirtual public meeting of the Great Lakes St. Lawrence Seaway Development Corporation (GLS) Advisory Board.

: The virtual public meeting will DATESbe held on: • Wednesday, June 3, 2026, from 10 collection. The Federal Transit a.m.-12 p.m. EDT Administration's Emergency Relief : Tia program enables FTA to aid public Æ Requests to participate in the transit operators in the aftermath of an meeting must be received by May 20,

1. emergency or major disaster. The Æ Requests for accommodations to a program helps states and public disability must be received by May 20, transportation systems pay for 2026. protecting, repairing, and/or replacing Æ If you wish to speak during the : The equipment and facilities that may suffer meeting, you must submit a written or have suffered serious damage because copy of your remarks to GLS by May 13, of an emergency, including natural 2026. disasters such as floods, hurricanes, and Æ Requests to submit written tornadoes. The program can fund capital materials to be reviewed during the projects to protect, repair, or replace meeting must be received by GLS no facilities or equipment that are in later than May 13, 2025. danger of suffering serious damage, or have suffered serious damage because of ADDRESSES virtual. Details on how to participate an emergency. The program can also will be forwarded to those who RSVP. fund the operating costs of evacuation, : rescue operations, temporary public Sylvonica Madlock, Executive Officer, transportation service, or reestablishing, Great Lakes St. Lawrence Seaway FR 60232) in the Federal Register expanding, or relocating service before, Development Corporation, 1200 New during or after an emergency. Congress Jersey Avenue SE, Suite W74-302, appropriates funding for FTA's Washington, DC 20590; (202) 870-6335. Emergency Relief Program based on

: Pursuant estimates of the funding needed to assist public transportation providers with to Section 10(a)(2) of the Federal

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: Dan Advisory Committee Act (Pub. L. 92- 3. Quarterly Report Schned, Acting Director, Office of 463; 5 U.S.C. App. 2), notice is hereby 4. Old and New Business Outreach and Project Development, given of meetings of the GLS Advisory 5. Closing Discussion Build America Bureau, at Board. The agenda for each meeting is 6. Adjournment

daniel.schned@dot.gov or 202-366- the same and will be as follows: [FR Doc. 2026-07975 Filed 4-22-26; 8:45 am] 2897, with a courtesy copy to 1. Opening Remarks BILLING CODE 4910-61-P usdotaccessibility@dot.gov and 2. Consideration of Minutes of Past buildamerica@dot.gov. Meeting Please reference ''Proposed Guidance 3. Quarterly Report for Preferred Loan Sizing for TOD 4. Old and New Business Projects'' in the subject line when Office of the Secretary of 5. Closing Discussion submitting your response. Please note Transportation 6. Adjournment that any comments received by email Public Participation will be posted, without edit, including [Docket No. DOT-OST-2026-1487] any personal information the Attendance at the meeting is open to RIN 2105-ZA51 commenter provides, to the interested public. With the approval of the Administrator, members of the Notice of Availability of Proposed public may present oral statements Guidance for Preferred Loan Sizing for during the meeting. Persons wishing Transit-Oriented Development Projects www.dot.gov/privacy. DOT looks further information should contact the Under the Railroad Rehabilitation and forward to your submission in response person listed under the heading, FORImprovement Financing Program and to this notice. . There Transportation Infrastructure Finance will be three (3) minutes allotted for oral : and Innovation Act Program comments from members of the public joining the meeting. To accommodate as : Build America Bureau AGENCYIn early 2025, DOT commenced a many speakers as possible, the time for (Bureau), U.S. Department of review of its policies related to credit each commenter may be limited. Transportation (Department or DOT). assistance for TOD projects under the Individuals wishing to reserve speaking : Notice of availability of ACTIONRRIF and TIFIA credit programs. As an time during the meeting must submit a proposed guidance document; request outcome of this review, the Bureau has request at the time of registration, as published a proposed guidance well as the name, address, and document to ensure that RRIF and : The Build America Bureau organizational affiliation of the SUMMARYTIFIA resources are deployed (Bureau) is making available for public proposed speaker. If the number of strategically to TOD projects that comment a proposed guidance registrants requesting to make maximize transportation benefits. The document that would set an interim statements is greater than can be proposed guidance document describes policy for the preferred loan sizing for reasonably accommodated during the a preferred maximum loan sizing transit-oriented development (TOD) meeting, GLS will conduct a lottery to methodology that correlates the value of projects under the Railroad determine the speakers. Speakers are the transportation benefits a TOD Rehabilitation and Improvement requested to submit a written copy of project generates with the maximum Financing (RRIF) and Transportation their prepared remarks for inclusion in size of a loan the Bureau would Infrastructure Finance and Innovation the meeting records and for circulation anticipate accepting as a policy matter. Act (TIFIA) credit programs. The to GLS Advisory Board members. All This guidance document applies only interim policy would be applied only to prepared remarks submitted will be to active projects in the Bureau's active projects in the RRIF and TIFIA accepted and considered as part of the pipeline that have either received a programs' pipeline that previously meeting's record. Any member of the preliminary eligibility determination received a preliminary eligibility public may submit a written statement letter from the Bureau or initiated a determination or initiated the National after the meeting deadline, and it will be DOT-led National Environmental Policy Environmental Policy Act (NEPA) presented to the committee. Act (NEPA) process. The Bureau is The U.S. Department of process (i.e., USDOT has made an developing an additional subsequent Transportation is committed to official class of action determination in notice that will describe the future, providing equal access to this meeting writing based on detailed project updated application process and set of for all participants. If you need information provided by the project discretionary criteria for new TOD alternative formats or services because sponsor). All other projects would need project financing requests. All TOD of a disability, such as sign language, to apply (or reapply) once a final policy projects other than those described interpretation, or other ancillary aids, framework and updated application above to whom this current guidance please contact the person listed in the process for TOD projects are announced document applies will need to apply/ in a subsequent notice to be published reapply pending the publication of the section. Any member of the public may in the near future. additional subsequent notice. present a written statement to the : Comments must be submitted by The proposed Preferred Loan Sizing DATESAdvisory Board at any time. May 18, 2026 to receive full guidance document, in the form of consideration by DOT for incorporation Frequently Asked Questions, is Donna O'Berry, into the final guidance document. Late- available for review on the Bureau's Chief Counsel. filed comments will be considered to website at (https://Advisory Board Meeting Agenda--June the extent practicable. www.transportation.gov/buildamerica/ 3, 2026 : Please send your comments, TOD/faqs), and the Federal Regulations ADDRESSESidentified by Docket No.: [DOT-OST- portal (www.regulations.gov) with 1. Opening Remarks Docket No.: DOT-OST-2026-1487. The 2. Consideration of Minutes of Past 2026-1487], to the Federal Regulations Meeting portal at www.regulations.gov. Bureau is seeking public comment on

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Industrial Drive, Parkersburg, WV the proposed guidance document before Management and Budget Circular A-25 it is issued as final. In addition to 26106, Telephone (304) 480-6635. allows agencies to impose user fees for general feedback, the Bureau services that confer a special benefit to Timothy E. Gribben, specifically solicits input on the scope identifiable recipients beyond those Commissioner, Bureau of the Fiscal Service. of the policy's implementation as accruing to the general public. Pursuant detailed in Section II below. [FR Doc. 2026-07873 Filed 4-22-26; 8:45 am] to 31 CFR 223.22, Treasury imposes fees on surety companies and reinsuring BILLING CODE 4810-AS-P II. Request for Comments companies seeking to obtain or renew The Bureau solicits comments on the certification or recognition from DEPARTMENT OF THE TREASURY proposed implementation of this Treasury. The fees imposed and guidance. Under the current proposal, collected cover the costs incurred by the Office of Foreign Assets Control the Bureau would apply the interim Government for services performed for policy only to specific transit-oriented Notice of OFAC Sanctions Actions reviewing, analyzing, and evaluating the development (TOD) projects currently companies' applications, financial : Office of Foreign Assets in the pipeline, pending the AGENCYstatements, and other information. Control, Treasury. development of a subsequent notice that Treasury determines the amount of fees would establish a separate, : Notice. ACTIONin accordance with the IOAA and the comprehensive application framework : The U.S. Department of the for all other current and future TOD SUMMARYCircular A-25, as amended. The change Treasury's Office of Foreign Assets credit assistance requests. Specifically, in fees is the result of a thorough Control (OFAC) is publishing the names the Bureau requests input on the analysis of costs associated with the of one or more persons that have been comparative merits of establishing a corporate federal surety bond program. placed on OFAC's Specially Designated unified implementation framework-- Nationals and Blocked Persons List applying the preferred loan-sizing The new fee rate schedule is as (SDN List) based on OFAC's methodology described herein to the follows: determination that one or more entirety of the TOD pipeline and all (1) Examination of a company's applicable legal criteria were satisfied. future applicants--as an alternative to application for a Certificate of Authority All property and interests in property the proposed phased approach. as an acceptable surety or as an subject to U.S. jurisdiction of these acceptable reinsuring company on Issued in Washington, DC, on April 21, persons are blocked, and U.S. persons 2026 pursuant to authority delegated by the Federal bonds: $14,300. are generally prohibited from engaging Secretary, (2) Determination of a company's in transactions with them. Morteza Farajian, continued qualification for annual : This action was issued on April DATESExecutive Director, Build America Bureau. renewal of its Certificate of Authority: 17, 2026. See [FR Doc. 2026-07981 Filed 4-22-26; 8:45 am] $9,300. for relevant dates.

: BILLING CODE 4910-9X-P (3) Examination of a company's OFAC: Associate Director for Global application for recognition as an Targeting, 202-622-2420; the Assistant Admitted Reinsurer: $5,300. DEPARTMENT OF THE TREASURY Director for Sanctions Compliance, 202- (4) Determination of a company's 622-2490 or https://ofac.treasury.gov/ Bureau of the Fiscal Service continued qualification for annual contact-ofac. renewal of its authority as an Admitted Application and Renewal Fees : Reinsurer: $3,700. Imposed on Surety Companies and Electronic Availability (5) Determination of a company's Reinsuring Companies; Increase in continued qualification for annual The SDN List and additional Fees Imposed renewal of its authority as an Admitted information concerning OFAC sanctions : Bureau of the Fiscal Service, Reinsurer--Reinsurance Market: AGENCYprograms are available on OFAC's Treasury. $18,500. website: https://ofac.treasury.gov. : Notice of fees imposed on surety ACTION(6) Examination of a company's Notice of OFAC Action companies and reinsuring companies. application for recognition as an Alien On April 17, 2026, OFAC determined Reinsurer: $5,300. : The Department of the SUMMARYthat the property and interests in Treasury, Bureau of the Fiscal Service, (7) Determination of a company's property subject to U.S. jurisdiction of is increasing the fees it imposes on and continued qualification for annual the following persons are blocked under collects from surety companies and renewal of its authority as an Alien the relevant sanctions authority listed reinsuring companies, effective January Reinsurer: $3,700. below. 1, 2026. (8) Examination of a company's Individuals : application for recognition as a Melvin Saunders, at (304) 480-5108 or 1. GARCIA BATTE, Jose Oscar, Calle Complementary Reinsurer: $5,300. melvin.saunders@fiscal.treasury.gov; or 64, No. 7-62, Apt 403, Bogota, (9) Determination of a company's Bobbi McDonald, at (304) 480-7098 or Colombia; Al Fattan Marine Tower, Apt continued qualification for annual bobbi.mcdonald@fiscal.treasury.gov. 3105, Jumeriah Beach Residence, Dubai, renewal of its authority as a : The United Arab Emirates; DOB 25 Feb Complementary Reinsurer: $3,700. Independent Offices Appropriations Act 1963; POB Icononzo, Tolima, Colombia; Questions concerning this notice of 1952 (IOAA), codified at 31 U.S.C. nationality Colombia; Gender Male; should be directed to the Surety Bond 9701, authorizes Federal agencies to Cedula No. 5934638 (Colombia); Branch, Special Assets and Liabilities establish fees for a service or thing of Passport PE144026 (Colombia) expires Division, Bureau of the Fiscal Service, value provided by the agency to 29 Aug 2027 (individual) [SUDAN- Surety Bonds (A-1G), 257 Bosley members of the public. Office of EO14098] (Linked To:

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threaten the peace, security, or stability list for the information collection by INTERNATIONAL SERVICES AGENCY S.A.S.). of Sudan. Title or ''OMB Control No. 2900-0899.''

1. GLOBAL QOWA AL BASHERIA Designated pursuant to section : S.A.S. (a.k.a. ''MI FUTURO GLOBAL''), 1(a)(iv) of Executive Order 14098 of May VA PRA information: Dorothy Carrera 13 No. 49-15 Oficina 401, 4, 2023, ''Imposing Sanctions on Certain Glasgow, 202-461-1084, VAPRA@Bogota, Colombia; website https://Persons Destabilizing Sudan and va.gov. mifuturoglobal.com; Organization Undermining the Goal of a Democratic : Established Date 28 Jun 2012; NIT # Transition'' (E.O. 14098), for being a Title: Readjustment Counseling 9005343144 (Colombia); Matricula foreign person who has materially Service Scholarship Program (RCSSP). Mercantil No 02228829 (Colombia) assisted, sponsored, or provided OMB Control Number: 2900-0899. SUDAN-EO14098. support for, or goods or services to or in PRASearch. Designated pursuant to section 1(a)(v) support of, INTERNATIONAL Type of Review: Reinstatement of a of E.O. 14098 for being a foreign person SERVICES AGENCY, an entity whose who is owned or controlled by, or has property and interests in property are Abstract: Authorization for this acted or purported to act for or on behalf blocked pursuant to E.O. 14098. information collection is found in of, directly or indirectly, JOSE OSCAR 2. GARCIA BATTE, Omar Fernando, section 502 of Public Law 115-171, the GARCIA BATTE, a person whose Calle 64, No. 7-62, Apt 403, Bogota, Commander John Scott Hannon property and interests in property are Colombia; DOB 25 Sep 1961; POB Veterans Mental Health Care blocked pursuant to E.O. 14098. Icononzo, Tolima, Colombia; nationality Improvement Act of 2019, which Colombia; Gender Male; Cedula No. amended Chapter 76 of title 38 United (Authority: E.O. 14098) 5934268 (Colombia) (individual) States Code (U.S.C.) by establishing Bradley T. Smith, SUDAN-EO14098. Director, Office of Foreign Assets Control. creating a scholarship program known Designated pursuant to section as the Readjustment Counseling Service [FR Doc. 2026-07897 Filed 4-22-26; 8:45 am] 1(a)(ii)(B) of E.O. 14098 for being a Scholarship Program (RCSSP). This BILLING CODE 4810-AL-P foreign person who is or has been a legislation authorized the VA leader, official, senior executive officer, Readjustment Counseling Service (RCS) or member of the board of directors of to provide scholarship awards to DEPARTMENT OF VETERANS GLOBAL QOWA AL BASHERIA S.A.S., individual Veterans enrolled in AFFAIRS an entity whose property and interests accredited academic programs leading in property are blocked pursuant to E.O. to an appointment in one of the selected [OMB Control No. 2900-0899] 14098 relating to the tenure of such health professional occupations. leader, official, senior executive officer, Specifically, the RCSSP provides Under OMB Review: Readjustment or member of the board of directors. educational assistance to individuals Counseling Service Scholarship 3. QUIJANO TORRES, Jose Libardo, who pursue a graduate degree in Program (RCSSP) Colombia; DOB 24 Sep 1975; nationality psychology, social work, marriage and Colombia; Gender Male; Cedula No. family therapy, or mental health : Veterans Health AGENCY74180772 (Colombia) (individual) counseling that would meet the Administration, Department of Veterans SUDAN-EO14098. as a health care professional in one of : Notice. ACTIONDesignated pursuant to section those fields in VA Vet Centers. 1(a)(ii)(B) of E.O. 14098 for being a The information collected is used to SUMMARYforeign person who is or has been a determine the eligibility or suitability of leader, official, senior executive officer, an applicant desiring to receive a 1995, this notice announces that the or member of the board of directors of scholarship award under the provisions Veterans Health Administration (VHA), FENIX HUMAN RESOURCES S.A.S., an of the RCSSP. Following selection, Department of Veterans Affairs (VA), entity whose property and interests in additional information is collected from will submit the collection of property are blocked pursuant to E.O. awardees pursuant to program information abstracted below to the 14098 relating to the tenure of such requirements. The applicant forms in leader, official, senior executive officer, this collection are 10-264, 10-264A, or member of the board of directors. 10-264E, and 10-264G. The awardee PRA submission describes the nature of forms are 10-264D, 10-264F, 10-264H, the information collection and its Entities 10-264I, 10-264J, 10-264K, and 10- expected cost and burden, and it 1. FENIX HUMAN RESOURCES 264M. includes the actual data collection S.A.S. (a.k.a. ''HRFENIX''), Carrera 47 A An agency may not conduct or instrument. No. 93-92, Bogota, Colombia; website : Comments and https://hrfenix.com; Organization DATESEstablished Date 28 Feb 2025; NIT # information collection should be sent by 9019295283 (Colombia); Matricula control number. The Federal Register Mercantil No 03929145 (Colombia) Notice with a 60-day comment period [SUDAN-EO14098]. : To submit comments and soliciting comments on this collection ADDRESSESDesignated pursuant to section of information was published at 91 FR 1(a)(i)(A) of E.O. 14098 for being a information collection, please type the 5158, February 4, 2026. foreign person who is responsible for, or following link into your browser: Affected Public: Individuals or complicit in, or has directly or www.reginfo.gov/public/do/PRAMain, indirectly engaged or attempted to select ''Currently under Review--Open Estimated Annual Burden: Total engage in, actions or policies that hours = 181 hours. for Public Comments'', then search the

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: Section Applicants: Awardees: 10-264 = 54 hours. 10-264D = 12. 17.110 of title 38, Code of Federal 10-264A = 9 hours. Regulations (CFR), governs copayments 10-264F = 12. 10-264E = 45 hours. for medications that VA provides to 10-264H = 12. 10-264G = 54 hours. 10-264I = 12. veterans. Section 17.110 provides the Awardees: 10-264J = 12. methodologies for establishing the 10-264D = 4 hours. copayment amount for each 30-day or 10-264K = 12. 10-264F = 3 hours. 10-264M = 12. less supply of medication provided by 10-264H = 2 hours. VA on an outpatient basis (other than Authority: 44 U.S.C. 3501 et seq. 10-264I = 4 hours. medication administered during 10-264J = 2 hours. Shunda Willis, treatment). 10-264K = 2 hours. Alternate, VA PRA Clearance Officer, Office Tier 1 medication means a multi- 10-264M = 2 hours. of Information Technology, Data Governance source medication that has been Analytics Department of Veterans Affairs. Estimated Average Burden per identified using the process described in Respondent: paragraph (b)(2) of § 17.110. Not less [FR Doc. 2026-07902 Filed 4-22-26; 8:45 am]

Applicants: than once per year, VA will identify a BILLING CODE 8320-01-P 10-264 = 60 minutes. subset of multi-source medications as 10-264A = 10 minutes. Tier 1 medications. Only medications DEPARTMENT OF VETERANS 10-264E = 50 minutes. that meet all the criteria in 38 CFR AFFAIRS 10-264G = 60 minutes. 17.110(b)(2)(i), (ii), and (iii) will be Awardees: eligible to be considered Tier 1 [Docket No. VA-2026-VACO-0001] 10-264D = 20 minutes. medications, and only those 10-264F = 15 minutes. medications that meet all the criteria in Tiered Pharmacy Copayments for 10-264H = 10 minutes. paragraph (b)(2)(i) of this section will be Medications; Calendar Year 2026 10-264I = 20 minutes. assessed using the criteria in paragraphs Update 10-264J = 10 minutes. (b)(2)(ii) and (iii). 10-264K = 10 minutes. : Department of Veterans Affairs. Based on the methodologies set forth AGENCY10-264M = 10 minutes. in § 17.110, this notice updates the list : Notice. ACTIONFrequency of Response: Once of Tier 1 medications for Calendar Year annually. : This Department of Veterans 2026. The Tier 1 medication list is SUMMARYEstimated Number of Responses: Affairs (VA) Notice updates the posted on VA's website at the following information on Tier 1 Medications. Total Responses = 66. link: www.va.gov/resources/va-tier-1-

copay-medication-list. : Applicants: The following table is the Tier 1 Tamara Wagner, Management Analyst, 10-264 = 54. Office of Finance/Revenue Operations, Copay Medication List that is effective 10-264A = 54. January 1, 2026, and will remain in Veterans Health Administration, (970) 10-264E = 54. effect until December 31, 2026. 10-264G = 54. 242-0731, extension 2219.

Condition VA product name

Arthritis and Pain ............................ Aspirin buffered tablet, Aspirin chewable tablet, Aspirin enteric coated tablet, Allopurinol tablet, Celecoxib

capsule, Diclofenac tablet, Ibuprofen tablet, Meloxicam tablet, Naproxen tablet. Blood Thinners and Platelet Inhibi-Clopidogrel Bisulfate tablet. tors.

Cholesterol ...................................... Atorvastatin tablet, Ezetimibe tablet, Fenofibrate capsule or tablet, Pravastatin tablet, Rosuvastatin Calcium

(CA) tablet, Simvastatin tablet.

Dementia ......................................... Donepezil tablet.

Diabetes .......................................... Glipizide tablet, Metformin Hydrochloride (HCL) tablet, Metformin HCL 24-hour Sustained Action (SA) tab-

let, Pioglitazone HCL tablet.

Electrolyte Supplement ................... Potassium SA tablet, Potassium SA dispersible tablet.

Gastrointestinal Health .................... Famotidine tablet, Omeprazole Enteric-Coated (EC) capsule, Pantoprazole Sodium capsule, Psyllium (reg-

ular and sugar-free) bulk powder.

Glaucoma and Eye Care ................ Carboxymethylcellulose Sodium Ophthalmic Solution, Brimonidine 0.2% ophthalmic solution, Diclofenac

ophthalmic solution, Latanoprost (excludes preservative-free) 0.005% Ophthalmic solution, Polyethylene Glycol Ophthalmic solution. Heart Health and Blood Pressure ... Amiodarone tablet, Amlodipine tablet, Aspirin (see Arthritis & Pain), Atenolol tablet, Carvedilol tablet, Chlorthalidone tablet, Clonidine tablet, Diltiazem 24-hour capsule, Diltiazem HCL tablet, Furosemide tab- let, Hydralazine HCL tablet, Hydrochlorothiazide tablet/capsule, Hydrochlorothiazide/Lisinopril tablet, Hydrochlorothiazide/Triamterene tab/cap, Isosorbide Mononitrate SA tablet, Lisinopril tablet, Losartan tablet, Metoprolol Succinate SA tablet, Metoprolol Tartrate tablet, Nifedipine SA capsule, Nitroglycerin sublingual tablet, Prazosin HCL capsule, Spironolactone tablet, Valsartan tablet.

Hormones/Other .............................. None.

Mental Health .................................. Amitriptyline HCL tablet, Buspirone HCL tablet, Bupropion HCL tablet, Bupropion HCL SA (12 hour-SR)

tablet, Bupropion HCL SA (24 hour-XL) tablet, Citalopram Hydrobromide tablet, Duloxetine HCL EC cap- sule, Escitalopram Oxalate tablet, Fluoxetine tablet/capsule, Memantine tablet, Mirtazapine tablet, Paroxetine tablet, Quetiapine Immediate release (IR) Tablet, Sertraline HCL tablet, Trazodone tablet, Venlafaxine HCL IR tablet, Venlafaxine HCL SA capsule.

Neurologic Disorders ...................... Ropinirole tablet.

Respiratory Condition ..................... Montelukast Sodium tablet.

Seizures .......................................... Gabapentin capsule, Lamotrigine tablet, Topiramate tablet.

Thyroid Conditions .......................... Levothyroxine Sodium tablet.

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Condition VA product name Urologic (Bladder and Prostate) Doxazosin Mesylate tablet, Finasteride tablet, Oxybutynin Chloride SA tablet, Sildenafil tablet, Tadalafil Health. tablet, Tamsulosin HCL capsule, Terazosin HCL capsule.

this document on April 16, 2026, and electronically as an official document of (Authority: 38 U.S.C. 501; 38 CFR the Department of Veterans Affairs. authorized the undersigned to sign and 17.110(b)(3)) submit the document to the Office of the Signing Authority: Douglas A. Collins, Gabriela DeCuir, Federal Register for publication Secretary of Veterans Affairs, approved Alternate Federal Register Liaison Officer, Department of Veterans Affairs.

[FR Doc. 2026-07880 Filed 4-22-26; 8:45 am]

BILLING CODE 8320-01-P

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Vol. 91 Thursday, No. 78 April 23, 2026

Part II Department of Labor

29 CFR Parts 500, 780, 791, et al. Joint Employer Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act; Proposed Rule

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between the various tests applied by the www.regulations.gov. In accordance with 5 U.S.C. 553(b)(4), a summary of federal courts. this rule may also be found at https:// DATESsubmit written comments on this notice 29 CFR Parts 500, 780, 791, and 825 : of proposed rulemaking (NPRM). Daniel Navarrete, Director, Division of Comments must be received on or [Docket No. WHD-2026-0067] Regulations, Legislation, and before June 22, 2026. RIN 1235-AA48 Interpretation, Wage and Hour Division : You may submit comments, ADDRESSES (WHD), U.S. Department of Labor, Room identified by Regulatory Information Joint Employer Status Under the Fair S-3502, 200 Constitution Avenue NW, Number (RIN) 1235-AA48, by either of Labor Standards Act, Family and Washington, DC 20210; telephone: (202) the following methods: Medical Leave Act, and Migrant and 693-0406 (this is not a toll-free • Electronic Comments: Submit Seasonal Agricultural Worker number). Alternative formats are comments through the Federal Protection Act available upon request by calling 1- eRulemaking Portal at https:// 866-487-9243. If you are deaf, hard of : Wage and Hour Division, www.regulations.gov. Follow the AGENCY hearing, or have a speech disability, Department of Labor. please dial 7-1-1 to access • Mail: Address written submissions : Notice of proposed rulemaking. ACTIONto: Division of Regulations, Legislation, Questions of interpretation or : Since 2021, the Department and Interpretation, Wage and Hour SUMMARY enforcement of the agency's existing has not provided any regulatory Division, U.S. Department of Labor, regulations may be directed to the guidance addressing joint employer Room S-3502, 200 Constitution Avenue nearest WHD district office. Locate the status under the Fair Labor Standards NW, Washington, DC 20210. nearest office by calling the WHD's toll- Act (FLSA or Act) for the benefit of Instructions: Response to this NPRM free help line at (866) 4US-WAGE ((866) workers, employers, or its enforcement is voluntary. The Department requests 487-9243) between 8 a.m. and 5 p.m. in personnel. In this rulemaking, the that no business proprietary your local time zone, or log onto WHD's Department proposes to clarify how to information, copyrighted information, website at https://www.dol.gov/ determine joint employer status under or personally identifiable information be agencies/whd/contact/local-offices for a the FLSA in Part 791 of Title 29, where submitted in response to this NPRM. nationwide listing of WHD district and its joint employer regulations were Commenters submitting file attachments area offices. located prior to 2021. Additionally, the on https://www.regulations.gov are : Department is also proposing to amend advised that uploading text-recognized provisions in its regulations documents--i.e., documents in a native implementing the Family and Medical file format or documents which have A. Relevant FLSA, FMLA, and MSPA Leave Act (FMLA) and Migrant and undergone optical character recognition Statutory Definitions Seasonal Agricultural Worker Protection (OCR)--enable staff at the Department to Enacted in 1938, the FLSA requires Act (MSPA) to provide that joint more easily search and retrieve specific that, among other things, covered employer status under those laws be content included in your comment for employers pay their nonexempt determined using the Department's consideration. employees at least the federal minimum FLSA analysis, as the FMLA and MSPA Anyone who submits a comment wage for every hour worked and both incorporate the FLSA's (including duplicate comments) should overtime pay for every hour worked in employment definitions. This understand and expect that the excess of 40 in a workweek, and it rulemaking is intended to provide comment, including any personal mandates that employers keep certain clarity and a measure of uniformity for information provided, will become a records regarding their employees. employers and employees in an area of matter of public record and will be 1 Section 3(d) of the Act defines the law where components of ''employer'' to ''include[ ] any person legislative, executive, and judicial www.regulations.gov. The Department acting directly or indirectly in the branches--at both the federal and state posts comments gathered and submitted interest of an employer in relation to an levels--have presented widely varying by a third-party organization as a group employee.'' Section 3(e) generally tests and standards. In addition, the under a single document ID number on 2 defines ''employee'' to mean ''any proposed rule offers a nationwide https://www.regulations.gov. All individual employed by an employer'' standard for use by the Department's comments must be received by 11:59 3 and identifies certain specific groups of investigators and law enforcement p.m. ET on June 22, 2026, for workers who are not ''employees'' for personnel that would not only ensure consideration in this rulemaking; purposes of the FLSA. Finally, section the evenhanded application of the Act comments received after the comment 4 3(g) defines ''employ'' to ''include[ ] to in matters that often cross state and period closes will not be considered. suffer or permit to work.'' circuit lines but also preserve core The Department strongly recommends 5 Congress enacted MSPA in 1983 to consistency with the wide variety of that commenters submit their comments protect migrant and seasonal potentially relevant judicial electronically via https:// agricultural workers by establishing frameworks. The proposed rule intends www.regulations.gov to ensure timely employment standards related to wages, to marshal the commonality between receipt prior to the close of the comment housing, transportation, disclosures, those approaches closest to the statute period, as the Department continues to as construed by the courts and, in so experience delays in the receipt of mail. doing, simplify the Department's Please submit only one copy of your See 29 U.S.C. 206(a) (minimum wage 1enforcement of the law, reduce comments by only one method. requirement), 207(a) (overtime pay requirement), 211(c) (recordkeeping requirements). litigation, and provide a reliable and 29 U.S.C. 203(d). uniform analysis for workers and 2 29 U.S.C. 203(e)(1). 3employers that ultimately applies and comments, go to the Federal 29 U.S.C. 203(e)(2)-(5). 4complements the core commonality eRulemaking Portal at https:// 29 U.S.C. 203(g). 5

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and recordkeeping. Agricultural Bulletin acknowledged the possibility of control with, directly or indirectly, the other company.'' employers, agricultural associations, what we consider today as joint In 1958, the Department published and farm labor contractors (as those employer liability and offered an regulations that expounded on the terms are defined in MSPA) must illustration where two companies concepts WHD had set forth in comply with such applicable standards arranged ''to employ a common Interpretative Bulletin No. 13. Those in their employment of migrant and watchman'' who had ''the duty of 24 regulations explained that there is joint seasonal agricultural workers. MSPA watching the property of both 7 employment under the FLSA and that also requires farm labor contractors to companies concurrently for a specified the determination ''depends upon all register with the Department and obtain number of hours each night.'' The 16 the facts in the particular case.'' They a certificate of registration. It is a Bulletin concluded that the companies 25 8 further explained that two or more violation of MSPA to threaten, ''are not each required to pay the employers that ''are acting entirely discharge, or in any manner minimum rate required under the independently of each other and are discriminate against any migrant or statute for all hours worked by the completely disassociated'' with respect seasonal agricultural worker because watchman . . . but . . . should be to the employee's employment are not such worker, with just cause, files a considered as a joint employer for joint employers, but joint employment complaint, institutes a proceeding, purposes of the [FLSA].'' This 17 exists if ''employment by one employer testifies or is about to testify in a scenario--where an employee is jointly is not completely disassociated from proceeding, or exercises any right under employed by two or more employers employment by the other MSPA. MSPA adopts the FLSA's that simultaneously benefit from the 9 employer(s).'' The regulations also definition of ''employ.'' 26 employee's work--is understood today 10 advised that, ''[w]here the employee The FMLA was enacted in 1993. It as vertical joint employment. 18 performs work which simultaneously entitles eligible employees of covered The Bulletin provided a second benefits two or more employers, or employers to take unpaid, job-protected example of an employee who works 40 works for two or more employers at leave for specified family and medical hours for company A and 15 hours for different times during the workweek,'' reasons while continuing group health company B during the same the employers are joint employers in insurance coverage under the same workweek. The Bulletin explained situations such as: (1) where there is an terms and conditions as if the employee 19 that if the two companies are ''acting arrangement between the employers to had not taken leave. Eligible 11 entirely independently of each other share the employee's services, as, for employees who take such leave must example, to interchange employees; (2) generally be restored to the same or an particular employee,'' they are not joint where one employer is acting directly or equivalent position when they return to employers and may ''disregard all work indirectly in the interest of the other work after FMLA leave. An employer 12 employer (or employers) in relation to performed by the employee for the other cannot interfere with, restrain, or deny the employee; or (3) where the company'' in determining their an employee's exercise of or attempt to employers are not completely obligations to the employee under the exercise any rights under the FMLA. 13 disassociated with respect to the FLSA for that workweek. On the other The FMLA adopts the FLSA's 20 employment of a particular employee hand, if ''the employment by A is not definitions of ''employ'' and and may be deemed to share control of completely disassociated from the ''employee.'' 14 the employee, directly or indirectly, by employment by B,'' they are joint B. Early Guidance and Regulations reason of the fact that one employer employers and must consider the hours Regarding FLSA Joint Employment controls, is controlled by, or is under worked for both as a whole to determine common control with the other their obligations to the employee under A year after the FLSA's enactment, employer. the FLSA for that workweek. This WHD issued Interpretative Bulletin 27 21 In 1961, the Department amended a scenario--where an employee works Number 13 in July 1939 addressing, footnote in those regulations to clarify among other topics, whether two or that a joint employer is also jointly more companies could be jointly and employers in the same workweek that liable for overtime pay. Nearly 60 severally liable for a single employee's are sufficiently associated with each 28 years passed before the Department hours worked under the FLSA. The other with respect to the employment of 15 amended and updated Part 791 in 2020. the employee--is understood today as However, in 1973, the Department did horizontal joint employment. See generally 29 U.S.C. 1801, et seq. 22 promulgate regulations addressing joint 6See 29 U.S.C. 1821-1823, 1831-32, 1841-1844. The Bulletin concluded by saying 7See 29 U.S.C. 1811-1815. that, ''at least in the following 8 contexts that remain in effect today. 2929 U.S.C. 1855(a). situations, an employer will be 9 Specifically, subsection 780.305(c) 29 U.S.C. 1802(5) (''The term 'employ' has the 10 considered as acting in the interest of provides that ''[a] farmer whose crops meaning given such term under [the FLSA, 29 another employer in relation to an U.S.C. 203(g)].''). are harvested by an independent employee: If the employers make an See 29 U.S.C. 2611-2614. 11 arrangement for the interchange of See 29 U.S.C. 2614(a)(1)-(2). 12 See 29 CFR part 791 (1958 or 1959); see also 23See 29 U.S.C. 2615. employees or if one company controls, 13 Interpretative Bulletin No. 13, ¶ 17. 29 U.S.C. 2611(3) (providing that the terms is controlled by, or is under common 14 Joint Employment Relationship under Fair 24''employ'' and ''employee'' for purposes of the Labor Standards Act of 1938, 23 FR 5905 (Aug. 5, FMLA have the same meanings given such terms in 1958) (promulgating 29 CFR part 791). 29 U.S.C. 203(e) and (g)). The FMLA has its own Id. ¶ 16. 29 CFR 791.2(a) (1958). 16definitions for whether an employee is ''eligible'' 25 Id. Id. 17for FMLA leave and whether his or her employer 26 See, e.g., Clifton v. Famous Bourbon Mgmt. 29 CFR 791.2(b) (1958) (footnotes omitted). is covered by the FMLA. See 29 U.S.C. 2611(2), (4). 18 27 Grp., Inc., 762 F. Supp. 3d 480, 496 n.125 (E.D. La. Miscellaneous Amendments, 26 FR 7730, 7732 Interpretative Bulletin No. 13, ''Hours Worked: 2815 2025). (Aug. 18, 1961). Determination of Hours for Which Employees are Interpretative Bulletin No. 13, ¶ 17. Entitled to Compensation Under the Fair Labor Clarification of Employment Status of Certain 19 29 Id. Standards Act of 1938,'' ¶¶ 16-17. Shortly Agricultural Labor, 38 FR 27520-21 (Oct. 4, 1973) 20 Id. thereafter, WHD revised other portions of the (adding 29 CFR 780.305(c) and revising 29 CFR 21Bulletin that are not pertinent here. See supra fn.18. 780.331(d)). 22

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contractor is considered to be a joint benefits. Job restoration is the primary WHD and the Department applied these employer with the contractor who responsibility of the primary employer, factors between 1983 and 1997. supplies the harvest hands if the farmer while a secondary employer would be In 1997, the Department's revised its has the power to direct, control or responsible for accepting an employee MSPA regulations that address joint supervise the work, or to determine the returning from FMLA leave in certain employment, adopting the framework it pay rates or method of payment for the applies today. These regulations 36 42 Finally, the regulations provide harvest hands'' (citing 29 CFR 780.331). provide that ''the definition of the term FMLA-specific guidance for the joint Also, subsection 780.331(d) provides employ includes the joint employment employer status of ''temporary that ''[w]hether or not a labor contractor placement agencies'' and ''Professional or crew leader is found to be a bona fide Labor Standards Act,'' and that 43 Employer Organizations (PEOs),'' which independent contractor, his employees ''[j]oint employment under the Fair are described as companies that are considered jointly employed by him Labor Standards Act is joint ''[contract] with client employers to and the farmer who is using their labor employment under the MSPA.'' 44 perform administrative functions such if the farmer has the power to direct, Where joint employment exists, each as payroll, benefits, regulatory control or supervise the work, or to joint employer must ensure that the paperwork, and updating employment determine the pay rates or method of employee receives all employment- policies.'' When joint employment payment'' (citing cases). related rights granted by MSPA, such as 37 exists in a scenario involving a accurate and timely disclosure of the C. Regulations Regarding FMLA and temporary placement agency, ''the MSPA Joint Employment placement agency most commonly written payroll records, and payment of would be the primary employer.'' By 1. FMLA Regulations wages when due. These employer 38 45 contrast, where a PEO is a joint responsibilities need only be carried out The Department's FMLA regulations employer, ''the client employer most by one joint employer, but the failure to define various terms under the FMLA, commonly would be the primary provide an employee with any of these and consistent with the FMLA's employer.'' required protections will result in joint adoption of the FLSA's statutory 39 The Department's initial FMLA liability for all joint employers. definitions, define ''employ'' to mean 46 regulations (promulgated in an Interim To determine if joint employment ''to suffer or permit to work'' and Final Rule in 1993 and which the exists, the MSPA regulations borrow ''employee'' to generally mean ''any Department applied through 1995) had from the 1958 regulation, explaining: ''A individual employed by an set forth the following factors to determination of whether the employer.'' The regulations also 30 determine joint employment: (1) the employment is to be considered joint address joint employment under the nature and degree of control of the employment depends upon all the facts FMLA, providing: ''Where two or more workers; (2) the degree of supervision, businesses exercise some control over in the particular case. If the facts direct or indirect, of the work; (3) the the work or working conditions of the establish that two or more persons are power to determine the pay rates or the employee, the businesses may be joint completely disassociated with respect to methods of payment of the workers; (4) employers under FMLA. Joint the employment of a particular the right, directly or indirectly, to hire, employers may be separate and distinct employee, a joint employment situation fire, or modify the employment entities with separate owners, managers, does not exist.'' 47 conditions of the workers; and (5) and facilities.'' The regulations then The MSPA regulations further explain 31 preparation of the payroll and payment restate, almost verbatim, the three joint that the common scenario for joint of wages. 40employment situations identified in the employment under MSPA involves 1958 regulation. The FMLA 2. MSPA Regulations whether agricultural workers employed 32regulations add: ''A determination of by a farm labor contractor are jointly Shortly after Congress enacted MSPA whether or not a joint employment employed by the agricultural employer/ in 1983, the Department issued relationship exists is not determined by association. When making such a regulations that included factors for 48the application of any single criterion, determination, ''the ultimate question to but rather the entire relationship is to be be determined is the economic reality-- the statute. They were: (A) the nature viewed in its totality.'' whether the worker is so economically and degree of control of the workers; (B) 33Where joint employment exists, the dependent upon the agricultural the degree of supervision, direct or FMLA regulations clarify that employer/association as to be indirect, of the work; (C) the power to employees who are jointly employed by considered its employee.'' For use ''in determine the pay rates or the methods 49two or more employers must be counted determining the ultimate question of of payment of the workers; (D) the right, by all joint employers in determining economic dependency,'' the MSPA directly or indirectly, to hire, fire, or employer coverage and employee regulations provide seven non- modify the employment conditions of eligibility under the FMLA. However, exhaustive factors: the workers; and (E) preparation of 34only an employee's ''primary employer'' payroll and the payment of wages. 41is responsible for giving required Migrant and Seasonal Agricultural Worker notices to the employee, providing 42 Protection Act, Final Rule, 62 FR 11734 (Mar. 12, FMLA leave, and maintaining health 35 1997). See 29 CFR 825.106(e); see also The Family and 36 29 CFR 500.20(h)(5). Medical Leave Act of 1993, Final Rule, 60 FR 2180- 43 29 CFR 500.20(h)(5)(i). 01, 2183 (Jan. 6, 1995). 29 CFR 825.102. 4430 29 CFR 825.106(b)(2). 29 CFR 825.106(a). 45 3731 29 CFR 825.106(c). Id.; see supra n. 24. 3832 Id. 29 CFR 825.106(b)(1). 3933 The Family and Medical Leave Act of 1993, See 29 CFR 29 CFR 825.106(d). Among other 4034 Interim Final Rule, 58 FR 31794, 31814 coverage requirements, ''eligible employees'' Id. (§ 825.106(a)(1)-(5)) (June 4, 1993). covered by the FMLA must work at a location 46 29 CFR 500.20(h)(5). where their employer has at least 50 employees Migrant and Seasonal Agricultural Worker 47 41 29 CFR 500.20(h)(5)(i). within a 75-mile radius. See 29 U.S.C. Protection Regulations, Final Rule, 48 FR 36736-01, 482611(2)(B)(ii). 36745 (§ 500.20(h)(4)(ii)(A)-(E)) (Aug. 12, 1983). 29 CFR 500.20(h)(5)(iii). 49

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(A) Whether the agricultural Rutherford Food examined whether a individuals with disabilities receiving employer/association has the power, group of skilled meat boners working as state welfare assistance (the recipients) either alone or through control of the a crew on the premises of a employed home care workers as part of slaughterhouse were jointly employed farm labor contractor to direct, control, a state welfare program. Taking an 58or supervise the worker(s) or the work by the slaughterhouse. Although the approach similar to Falk, the court performed (such control may be either workers were recruited and paid by an addressed whether California and direct or indirect, taking into account ''experienced boner'' whose contract several of its counties (the counties) the nature of the work performed and a with the slaughterhouse stated that he were joint employers of the workers, reasonable degree of contract had ''complete control over the other and in making that determination, the performance oversight and coordination boners'' and that they ''would be his court found ''four factors [to be] with third parties); employees,'' the Court nevertheless relevant'': ''whether the alleged joint Whether the agricultural found that the workers were also employer (1) had the power to hire and employer/association has the power, employed by the slaughterhouse, noting fire the employees, (2) supervised and either alone or in addition to another that ''determination of [an employment] controlled employee work schedules or employer, directly or indirectly, to hire relationship does not depend on such conditions of employment, (3) or fire, modify the employment isolated factors [as the existence of a determined the rate and method of conditions, or determine the pay rates or contractual agreement or industry payment, and (4) maintained the methods of wage payment for the custom], but rather upon the employment records.'' The court 59worker(s); circumstances of the whole activity.'' noted that these four factors ''are not 53(C) The degree of permanency and The Court found relevant, among other etched in stone and will not be blindly duration of the relationship of the facts, that ''responsibility under the applied'' and that the determination of parties, in the context of the agricultural boning contracts without material joint employer status depends on the activity at issue; changes passed from one boner to circumstances of the whole activity. 60(D) The extent to which the services another,'' ''[t]he premises and Applying the four factors, the court rendered by the worker(s) are repetitive, equipment of [the slaughterhouse] were concluded that the counties ''exercised rote tasks requiring skills which are used for the work,'' ''[t]he group had no considerable control'' and ''had acquired with relatively little training; business organization that could or did complete economic control'' over ''the (E) Whether the activities performed shift as a unit from one slaughterhouse by the worker(s) are an integral part of to another,'' and ''[t]he managing official relationship'' between the recipients the overall business operation of the of the plant kept close touch on the and home care workers, and were agricultural employer/association; operation.'' therefore ''employers'' too, jointly and 54(F) Whether the work is performed on Falk addressed whether an apartment severally liable with the recipients to the agricultural employer/association's management company was an FLSA the home care workers. 61premises, rather than on premises joint employer of the employees of the E. WHD Subregulatory Guidance Prior owned or controlled by another apartment buildings that it managed. 55 to 2020 business entity; and The Court held that, because the (G) Whether the agricultural WHD has addressed joint employment management company exercised employer/association undertakes in several subregulatory documents-- ''substantial control [over] the terms and responsibilities in relation to the including opinion letters, conditions of the [employees'] work,'' 62worker(s) which are commonly administrator interpretations, as well the management company was an 63performed by employers, such as as other guidance. employer under 29 U.S.C. 203(d), and preparing and/or making payroll could therefore be jointly liable with the F. 2020 Joint Employer Rule records, preparing and/or issuing pay building owners for any wages due to checks, paying FICA taxes, providing In January 2020, the Department the employees under the FLSA. 56workers' compensation insurance, published a final rule titled ''Joint In 1983, the Ninth Circuit issued a providing field sanitation facilities, seminal joint employer decision, housing or transportation, or providing Bonnette v. California Health & Welfare 704 F.2d at 1467-68. 58tools and equipment or materials In Bonnette, seniors and Agency. Id. at 1469-70. 59 57required for the job (taking into account Id. at 1470. 60the amount of the investment). Id. 50 61 the workers were employees under the FLSA or The MSPA regulations further provide See, e.g., WHD Opinion Ltr. FLSA2005-15, 62 independent contractors.'' 85 FR 2827; see also 2005 WL 2086804 (Apr. 11, 2005) (addressing joint that no one factor ''will be dispositive Salinas v. Commercial Interiors, Inc., 848 F.3d 125, employment in a health care system comprised of of the ultimate question,'' and ''[h]ow 135 (4th Cir. 2017) (explaining that, ''[a]lthough hospitals, nursing homes, and parent holding Rutherford Food recognized joint employment[,] the factors are weighed depends upon company); WHD Opinion Ltr., 1999 WL 1788146 . . . the case principally addressed whether the all of the facts and circumstances.'' (Aug. 24, 1999) (advising that private duty nurses 51 meat boners were employees or independent were jointly employed by a hospital and individual contractors''). A number of courts, however, cite to D. Federal Caselaw on Joint Employer patients); WHD Opinion Ltr., 1998 WL 852621 (Jan. Rutherford Food as an FLSA joint employment case. Liability Under the FLSA 27, 1998) (addressing the joint employment of See Zheng v. Liberty Apparel Co., 355 F.3d 61, 70 grocery vendor employees stocking grocery (2d Cir. 2003); Torres-Lopez v. May, 111 F.3d 633, Federal courts generally identify two shelves); WHD Opinion Ltr. FLSA-1089, 1989 WL 640 (9th Cir. 1997); Layton v. DHL Exp. (USA), Inc., Supreme Court cases as relevant 1632931 (Aug. 9, 1989) (advising that workers 686 F.3d 1172, 1180 (11th Cir. 2012). participating in an enclave program would be precedent for adjudicating FLSA joint Rutherford Food, 331 U.S. at 724-25, 730. jointly employed by a participating business and a 53employment disputes: Rutherford Food Id. at 730. supervising workshop). 54Corp. v. McComb, 331 U.S. 722 (1947), 414 U.S. at 195. See Administrator's Interpretation No. 2016-1, 55 63and Falk v. Brennan, 414 U.S. 190 Id. available at 2016 WL 284582 (Jan. 20, 2016) 56(1973). 704 F.2d 1465, abrogated on other grounds by (asserting that the scope of joint employment under 52 57 Garcia v. San Antonio Metro. Transit Auth., 469 the FLSA is ''as broad as possible'') (withdrawn U.S. 528 (1985). Although the Ninth Circuit later effective June 7, 2017); Administrator's 29 CFR 500.20(h)(5)(iv). adopted a thirteen-factor test in Torres-Lopez v. Interpretation No. 2014-2, available at 2014 WL 50Id. May, 111 F.3d 633, 639-41 (9th Cir. 1997), many 2816951 (June 19, 2014) (addressing joint 51 courts have treated Bonnette as the baseline for employment in home care) (withdrawn on March WHD noted in its 2020 Joint Employer Rule 52that Rutherford Food ''focus[ed] . . . on whether their own joint employer tests. 10, 2020).

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Employer Status Under the Fair Labor liable for the employee's hours without some actual exercise of Standards Act,'' which took effect worked.'' The 2020 Rule concluded control.'' Second, the 2020 Rule March 16, 2020 (2020 Rule). The 2020 that this language from section 3(d), ''by modified the Bonnette factor requiring 64Rule explained that the 1958 version of its plain terms, contemplates an consideration of whether the potential Part 791 was ''useful'' when employment relationship between an joint employer supervises and controls determining horizontal joint employer and an employee, as well as employment but ''was not helpful and another person who may be an employment by adding the phrase ''to a did not provide an adequate employer too--which exactly fits the substantial degree.'' Although Bonnette explanation'' when determining vertical [vertical] joint employer scenario under did not include this phrase in its The 2020 Rule the [FLSA].'' The 2020 Rule relied on articulation of this factor, Bonnette did 65 72revised Part 791 so that: section 791.1 the Supreme Court's decision in Falk find that, on the facts before it, the contained an introductory statement; and the Ninth Circuit's decision in potential joint employers ''exercised section 791.2 contained the substance of Bonnette to ''support focusing on considerable control'' in that area. 80the 2020 Rule's analyses for both section 3(d) as determining joint Third, the 2020 Rule stated that vertical joint employment (which it employer status.'' ''[s]atisfaction of the maintenance of 73referred to as ''the first joint employer The 2020 Rule explained that ''four employment records factor alone will scenario'') and horizontal joint factors are relevant to the not lead to a finding of joint employer employment (which it referred to as determination'' of whether the other status'' (Bonnette did not address ''the second joint employer scenario''); employer is a joint employer in the this). Finally, the 2020 Rule stated that 81and section 791.3 contained a vertical joint employment situation. ''[a]dditional factors may be relevant for 74severability provision. The 2020 Rule Those four factors were whether the 66sought ''to promote certainty for other employer: (1) hires or fires the this scenario, but only if they are indicia employers and employees, reduce employee; (2) supervises and controls of whether the potential joint employer litigation, promote greater uniformity the employee's work schedule or exercises significant control over the among court decisions, and encourage conditions of employment to a terms and conditions of the employee's innovation in the economy.'' substantial degree; (3) determines the work.'' Bonnette indicated that ''[t]he 67 82 employee's rate and method of payment; ultimate determination must be based 1. 2020 Rule's Vertical Joint and (4) maintains the employee's 'upon the circumstances of the whole Employment Standard employment records. The 2020 Rule activity.' '' 75 83For vertical joint employment, the The 2020 Rule also excluded further explained that ''these four 2020 Rule stated that ''[t]he other person consideration of the employee's factors--which weigh the economic [that is benefitting from the employee's economic dependence on the potential reality of the potential joint employer's labor] is the employee's joint employer joint employer, explaining that control, direct or indirect, over the only if that person is acting directly or ''[e]conomic dependence is relevant employee--are not only the most indirectly in the interest of the employer when applying section 3(g) and relevant factors to the joint employer in relation to the employee,'' and then analysis, but also afford stakeholders cited FLSA section 3(d)'s definition of employee under the [FLSA]; however, greatly needed clarity and ''employer.'' The 2020 Rule asserted 68 determining whether a worker who is an uniformity.'' 76that section 3(d) was the sole statutory employee under the [FLSA] has a joint The 2020 Rule's four-factor test provision for determining ''joint employer for his or her work is a ''derived from'' Bonnette, with a few 77employer status'' under the FLSA--not different analysis that is based on modifications. First, the 2020 Rule sections 3(e) or 3(g). The 2020 Rule 69 section 3(d).'' The 2020 Rule further described the first factor as whether the 84further provided that the definitions of explained that, ''[b]ecause evaluating other employer ''[h]ires or fires the ''employee'' and ''employ'' in sections control of the employment relationship employee'' instead of whether it had 3(e) and 3(g) ''determine whether an by the potential joint employer over the ''the power'' to hire and fire. The 2020 78individual worker is an employee under employee is the purpose of the Rule stated generally that the ''potential the [FLSA].'' Citing section 3(d)'s 70 Department's four-factor balancing test, joint employer must actually exercise definition of ''employer'' as including it is sensible to limit the consideration . . . one or more of these indicia of ''any person acting directly or indirectly of additional factors to those that control to be jointly liable under the in the interest of an employer in relation indicate control.'' [FLSA],'' and that ''[t]he potential joint 85to an employee,'' the 2020 Rule stated Finally, the 2020 Rule provided that employer's ability, power, or reserved that ''only this language from section a person's business model (such as a right to act in relation to the employee 3(d) contemplates the possibility of a franchise model), certain business may be relevant for determining joint person in addition to the employer who practices (such as allowing an employer employer status, but such ability, is also an employer and therefore jointly to operate a store on the person's power, or right alone does not premises or participating in an demonstrate joint employer status Joint Employer Status Under the Fair Labor association health or retirement plan), 64Standards Act, Final Rule, 85 FR 2820 (Jan. 16, Id. (citing 29 U.S.C. 203(d)); see also id. (''This 2020). The Department had published a notice of 71 language from section 3(d) makes sense only if there proposed rulemaking requesting comments on a 79 is an employer and employee with an existing proposed rule. Joint Employer Status Under the Fair Compare 29 CFR 791.2(a)(1)(ii) (2020) with 80 employment relationship and the issue is whether Labor Standards Act, NPRM, 84 FR 14043 (Apr. 9, Bonnette, 704 F.2d at 1469-70. another person is an employer.''). 2019). The final rule adopted ''the analyses set forth Compare 29 CFR 791.2(a)(2) (2020) with 81in the NPRM largely as proposed.'' 85 FR 2820. Id. Bonnette, 704 F.2d at 1469-70. 72Id. at 2825. Id. 29 CFR 791.2(b) (2020). 65 73 8229 CFR 791.1, 791.2, and 791.3 (2020). 29 CFR 791.2(a)(1) (2020). 704 F.2d at 1470 (quoting Rutherford Food, 331 66 74 8385 FR 2820. 29 CFR 791.2(a)(1)(i)-(iv) (2020). U.S. at 730). 67 7529 CFR 791.2(a)(1) (2020) (citing 29 U.S.C. 85 FR 2830. 29 CFR 791.2(c) (2020) (''[T]o determine joint 68 76 84203(d)). employer status, no factors should be used to assess Id. 77See generally 85 FR 2825-28. economic dependence.''); 85 FR 2821. Compare 29 CFR 791.2(a)(1)(i) (2020) with 69 78Id. at 2827. Bonnette, 704 F.2d at 1469-70. 85 FR 2836. 70 85

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certain business agreements (such as under the FLSA.'' adequately consider its cost to requiring an employer in a business added that it would ''continue to use the workers. contract to comply with specific legal standards in its MSPA joint employer The district court concluded that the obligations or to meet certain standards regulation . . . to determine joint 2020 Rule's ''novel interpretation for to protect the health or safety of its employer status under MSPA,'' and vertical joint employer liability'' was employees), and requiring quality would ''continue to use the standards in unlawful under the APA and vacated all control standards to ensure the its FMLA joint employer regulations of § 791.2 except for §791.2(e). The 101consistent quality of the work product, . . . to determine joint employer status court determined that, because the 2020 brand, or business reputation do not under the FMLA.'' Rule's ''non-substantive revisions to 94 horizontal joint employer liability are G. Legal Challenge to 2020 Rule and likely under the FLSA. severable,'' § 791.2(e) ''remains in 86 District Court Decision effect.'' 2. 2020 Rule's Horizontal Joint 102 In February 2020, 17 States and the Employment Standard In November 2020, the Department District of Columbia (the States) filed a and the Intervenors appealed the district To determine horizontal joint lawsuit in the United States District court's decision to the Second Circuit employment, the 2020 Rule adopted the Court for the Southern District of New Court of Appeals. The resolution of longstanding standard articulated in the York against the Department asserting 103 the appeal is discussed below. prior version of section 791.2 that the 2020 Rule violated the promulgated in the 1958 regulation with Administrative Procedure Act (APA). H. Rescission of the 2020 Rule 95''non-substantive revisions.'' The The district court permitted the 872020 Rule stated that, when considering International Franchise Association, the On July 30, 2021, the Department horizontal joint employment, ''if the Chamber of Commerce of the United published a final rule (Rescission Rule) employers are acting independently of States of America, the National Retail rescinding the 2020 Rule. In the 104each other and are disassociated with Federation, the Associated Builders and Rescission Rule, the Department respect to the employment of the Contractors, and the American Hotel explained that the 2020 Rule's reliance employee,'' they are not joint and Lodging Association (the on section 3(d) alone among the FLSA's It further stated that, ''if Intervenors) to intervene as defendants provisions for its vertical joint 88 in the case. The parties filed cross- employment analysis was not supported 96 motions for summary judgment, which by the FLSA's text or Congressional employee, they are joint employers and the district court decided on September intent, particularly as the Department must aggregate the hours worked for 8, 2020. had never previously excluded FLSA 97each for purposes of determining The district court vacated the 2020 sections 3(e) and (g) from the joint compliance with the [FLSA].'' It Rule's ''standard for vertical joint employment analysis and had instead 89identified the same three general employer liability.'' The district court applied an analysis that included the examples of horizontal joint concluded that the 2020 Rule violated definitions of ''employ'' or ''employee'' employment provided in the 1958 the APA because it found that the rule when determining joint employment. 105version of section 791.2. conflicted with the FLSA. The district The Department further explained that 90 98 court identified three conflicts: the 2020 the vertical joint employment analysis 3. 2020 Rule's Additional Provisions Rule's reliance on the FLSA's definition in the 2020 Rule, and particularly its The 2020 Rule adopted additional of ''employer'' in section 3(d) as the sole reliance on section 3(d) alone as the provisions applicable to both vertical textual basis for joint employment; its statutory basis for joint employment, and horizontal joint employment. adoption of a control-based test for did not encompass all scenarios in Section 791.2(f) addressed the determining vertical joint employment; which joint employment could arise consequences of joint employment and and its prohibition against considering because two employers may ''suffer or provided that ''[f]or each workweek that additional factors beyond control, such permit'' an employee to work and thus a person is a joint employer of an as economic dependence. In addition, be joint employers under section 3(g) 99employee, that joint employer is jointly the district court held that the 2020 Rule without one employer working ''in the and severally liable with the employer was ''arbitrary and capricious'' for three interest of an employer'' under section and any other joint employers for reasons: the 2020 Rule did not 3(d).'' The Department also 106compliance'' with the Act. Section adequately explain why it departed explained that, by focusing on the 91791.2(g) provided 11 ''illustrative from the Department's prior potential joint employer's actually- examples'' of how the 2020 Rule interpretations; the 2020 Rule did not exercised control over the employee, the applied to specific factual situations consider the conflict between it and the 2020 Rule's vertical joint employment implicating vertical and horizontal joint Department's MSPA joint employment analysis was contrary to the FLSA and regulations; and the 2020 Rule did not 92In the 2020 Rule, the Department did Id. at 792-95. not amend its FMLA or MSPA joint 100 85 FR 2828 n.55. Id. at 795. employer regulations, explaining that 93 101 Id. (citing 29 CFR 500.20(h)(5); 825.106). Id. at 795-96. 94''[t]his final rule provides the standards 102 New York v. Scalia, No. 1:20-cv-01689 See New York v. Walsh, No. 20-3806 (2d Cir. 95 103for determining joint employer status (S.D.N.Y. filed Feb. 26, 2020). The APA requires 2021) (appeal docketed on November 6, 2020). courts to hold unlawful and set aside agency Rescission of Joint Employer Status Under the 104 actions that are ''arbitrary, capricious, an abuse of Fair Labor Standards Act Rule, Final Rule, 86 FR 29 CFR 791.2(d)(ii)-(v) (2020). discretion, or otherwise not in accordance with 86 40939 (July 30, 2021). On March 12, 2021, the 85 FR at 2823; see also id. at 2844-45. law.'' 5 U.S.C. 706(2)(A). Department had published a notice of proposed 8729 CFR 791.2(e)(1)-(2) (2020). New York v. Scalia, 2020 WL 3498755, at *5 rulemaking proposing to rescind the 2020 Rule. See 88 9629 CFR 791.2(e)(2) (2020). (S.D.N.Y. June 29, 2020). Rescission of Joint Employer Status Under the Fair 89Compare 29 CFR 791.2(e)(2)(i)-(iii) (2020) with New York v. Scalia, 490 F. Supp. 3d 748 Labor Standards Act Rule, NPRM, 86 FR 14038 90 9729 CFR 791.2(b)(1)-(3) (1958). (S.D.N.Y. 2020). (Mar. 12, 2021). 29 CFR 791.2(f) (2020). Id. at 774. See 86 FR 40942-49. 91 98 10529 CFR 791.2(g) (2020). Id. at 774-92. Id. at 40944-46. 92 99 106

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longstanding case law. The on the same day. On March 31, 2021, employers because they ''are sufficiently Department additionally stated that the following the change in administration, associated with each other with respect 2020 Rule ''did not sufficiently take into the Department filed a motion seeking to [the employee's] employment.'' 125account prior WHD guidance,'' to hold the appeal in abeyance in light II. Need for Rulemaking including its MSPA joint employment of the proposal that it had published to The Department believes that Noting that ''[t]he MSPA rescind the 2020 Rule. The Second 108 114 regulations addressing joint regulation provides that '[j]oint Circuit denied the motion. The States 115 employment is necessary to promote employment under the Fair Labor filed their response brief on April 16, clarity and uniformity in the Standards Act is joint employment 2021. The Intervenors filed their 116 Department's nationwide enforcement under the MSPA' and sets forth a multi- reply brief on May 7, 2021. On May 117 of federal wage and hour law. The factor analysis for determining vertical 28, 2021, the Department filed a reply Department further believes that the joint employment that is different than brief. In its reply brief, the 118 proposed analysis in this NPRM the [2020] Rule's analysis,'' the Department explained that the represents the best construction of the Department determined that the 2020 rulemaking proposing to rescind the FLSA--and by extension the FMLA and Rule nonetheless ''did not address or 2020 Rule may moot the States' MSPA--with respect to determining account for any differences between its challenge to that rule, making any joint employer status under those new regulatory standard and MSPA's resolution of the appeal unnecessary. 119 statutes, follows the decisions of the existing regulatory standard or any The Department took no position on the Supreme Court, and is broadly effects that it may have on joint merits of the 2020 Rule in its reply brief. consistent with the commonality among employment under MSPA.'' The Department argued that if the 109 varying approaches to joint employment For horizontal joint employment, the Second Circuit resolves the appeal, it in the federal circuit courts. 2020 Rule had adopted the standard in should reverse the district court's As noted above, for many decades, the the 1958 version of 29 CFR 791.2 with decision on the grounds that the States Department maintained interpretive non-substantive revisions. The had no standing to challenge the 2020 guidance on joint employer status under Rescission Rule explained that the 2020 Rule. 120 the Act in Part 791. Since rescinding Rule's ''horizontal joint employment On October 6, 2021, following the those regulations in 2021, despite standard focused on the degree of the effective date of the Rescission Rule, the suggesting that the rescission did not employers' association with respect to Department filed a motion with the abandon ''longstanding horizontal joint the employment of the employee, Second Circuit seeking to dismiss the employment analysis,'' the reflected the Department's historical appeal because the Department's 126 Department has provided no guidance approach to the issue, and was rescission of the 2020 Rule had on the topic, apart from WHD Opinion consistent with the relevant case law.'' eliminated the States' dispute with the Letter FLSA2025-5. The absence of any The Department considered retaining Department and had rendered the case direction has created uncertainty for the 2020 Rule's horizontal joint moot. On October 29, 2021, the 121 businesses, workers, and courts, employment analysis because of its Second Circuit granted the motion to particularly for ''vertical'' scenarios consistency with prior guidance but dismiss the appeal and vacated the where multiple entities are rescinded the entire 2020 Rule because district court's order and judgment. 122 simultaneously benefiting from the the 2020 Rule had ''intertwined [its] J. Recent Opinion Letter same work performed by one or more horizontal joint employment provisions workers. In fact, the Department has On September 30, 2025, WHD issued with [its] vertical joint employment 127 not been applying a uniform standard to Opinion Letter FLSA2025-5, addressing provisions in 29 CFR 791.2.'' The assess vertical joint employment under whether a restaurant and members club Department reiterated that rescission the FLSA. Instead, in each enforcement for whom an employee worked separate was not intended to be a reconsideration action, the Department attempts to hours are horizontal joint employers of its longstanding horizontal joint apply a vertical joint employment based on the facts presented. The employment analysis and that the 123 standard consistent with the judicial opinion letter reiterated that horizontal ''focus of a horizontal joint employment precedent that may apply in that case, joint employment ''typically occurs analysis will continue to be the degree which--as described in this NPRM-- when employers are sufficiently of association between the potential varies between federal courts. At a associated with respect to the joint employers, as it was in the [2020] 128 minimum, by clearly articulating the employment of the particular Rule and the prior version of part Department's position and approach, employee(s),'' including where there is 791.'' 110 this rulemaking would bring greater The Rescission Rule removed and an arrangement between the employers uniformity and consistency to the reserved Part 791 in its entirety effective to share an employee's services or October 5, 2021. interchange employees. The letter 111 124 concluded that the restaurant and Id. at 2-3. I. Resolution of the Appeal 125 members club are horizontal joint 126The Department filed an opening brief Although the 2021 Rescission Rule advised 127 that the Department would continue applying its with the Second Circuit in support of Id. (No. 59). ''longstanding horizontal joint employment 113the 2020 Rule on January 15, 2021. 112 Id. (No. 90). analysis,'' 86 FR 40954, the Rescission Rule did not 114The Intervenors filed their opening brief Id. (No. 97). specify how the Department would investigate 115 FLSA cases involving possible vertical joint Id. (No. 101). 116 employment. WHD Opinion Letter FLSA2025-5 Id. (No. 118). Id. at 40946-47. 117107 addressed a scenario that constituted horizontal Id. (No. 121). Id. at 40947-49. 118108 Id. (No. 121, at p. 11). Id. at 40948 (quoting 29 CFR 500.20(h)(5)(i)) 119 Of course, the workers and employers 109 128 Id. (No. 121, at p. 2-7). (internal footnotes omitted). 120 encompassed in a particular WHD investigation Id. (No. 128, at p. 5). Id. at 40954. under the FLSA often do not fall neatly within the 121110 Id. (No. 145). Id. at 40957; see also 86 FR 52412-13 (noting geographic territories of the federal circuit courts. 122111the effective date of the 2020 Rule's rescission). See https://www.dol.gov/sites/dolgov/files/ As a result, the appropriate judicial framework (and 123 WHD/opinion-letters/FLSA/FLSA-2025-05.pdf. New York v. Walsh, No. 20-3806 (2d Cir. thus the standard that the Department would apply) 1122021) (No. 58). Id. at 2. may not be clear either as a factual or legal matter. 124

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Department's enforcement actions by willingness by courts to consider believes that aligning the FMLA and adopting a transparent nationwide MSPA regulations with the FLSA regulations from the Department. analysis, which could have benefits for standard in a restored part 791 would Regulations from the Department that all interested parties. reduce compliance burdens for are current and in effect would assist Promulgating regulations on joint employers, promote greater awareness courts that look to the Department's employment should improve the among workers of their rights, and position on FLSA joint employment. Department's ability to enforce the ensure uniformity in WHD's That the proposed regulation would not FLSA, especially in cases involving enforcement of its wage and hour laws. bind or control the courts--only egregious child labor violations. Additionally, the Department believes Department investigators--is 129Here, the Department believes that it that unified joint employment guidance unremarkable. Courts have always been should make clear to employers and could yield important practical benefits. the final word on the meaning and employees its position regarding FLSA Promulgating a regulatory standard may application of the law. But, as noted joint employment and provide publicly assist businesses in determining any above, regulations and guidance serve available direction that its enforcement joint employer responsibility when other purposes, including public personnel could apply in those cases. organizing their relationships and direction from the Department to its Making its position clear regarding the contracts and deciding whether to investigators regarding how to apply a degree to which sometimes sprawling adopt--or avoid--certain business legal standard. The value of supply chains may be deemed joint models and business practices. interpretative rules has not been lost on 134operations in published regulations Workers, in turn, may be better the Supreme Court, which has noted could make the resolution of such cases equipped to understand when multiple that they ''constitute a body of more likely. At the very least, it would entities may share responsibility for experience and informed judgement to ensure that there is a common their wages and working conditions. which courts and litigants may properly understanding regarding the The Department also expects, as resort for guidance,'' particularly Department's position among workers, discussed in section VI.E., that clear because such interpretations are ''based employers, and its own enforcement regulatory guidance, if applied by upon more specialized experience and personnel. courts, may reduce litigation costs and broader investigations and information Relatedly, a cohesive standard drawn may prevent some lawsuits from being than is likely to come to a judge in a from and consistent with commonality brought at all. particular case.'' 132between federal circuits would benefit Finally, this rulemaking is consistent The Department further believes that the courts that hear and decide joint with principles of good government. By rulemaking is needed to ensure that the employment issues in private FLSA engaging in notice-and-comment standard for joint employment under lawsuits. According to the Fourth rulemaking to restore interpretive FMLA and MSPA is consistent with the Circuit, efforts by federal appellate guidance on FLSA joint employer status FLSA joint employer standard. As noted courts to address FLSA joint in part 791, rather than imposing a new earlier, both the FMLA and MSPA employment ''have spawned numerous standard in a memorandum or bulletin, explicitly incorporate the FLSA's multifactor balancing tests, none of the Department ensures that its ultimate definition of employment, including the which has achieved consensus support'' approach to the topic will have ''suffer or permit'' standard codified at among the circuits that have addressed benefited from the input of interested section 3(g) of the FLSA. Yet, WHD's the issue. Still other circuits have yet outside stakeholders. Soliciting input existing regulations under the FMLA 130to adopt a definitive analysis. In this from the public in the development of and MSPA articulate different joint context, guidance from the Department significant interpretive guidance may employer standards that vary in their may be of help to courts as they develop enhance the persuasive power of such level of detail. 133and refine their approaches to the issue. guidance, and is also consistent with 135In addition, there are a number of good governance recommendations from cv-2997, 2023 WL 2647450, at *5 (S.D.N.Y. Mar. federal courts that have continued to the Administrative Conference of the 27, 2023) (citing 29 CFR 791.2(a)); Ludlow v. cite to various iterations of Part 791 United States and the Office of Flowers Foods, Inc., No. 18-CV-1190, 2023 WL even though it has not existed since Management and Budget (OMB). The 2534618, at *3 (S.D. Cal. Mar. 15, 2023) (citing 29 136 CFR 791.2); Smith v. Bigtop Bingo, Inc., No. 3:21- October 5, 2021, indicating a 131 CV-3083, 2023 WL 2889300, at *6 (N.D. Fla. Mar. Tazewell-Pekin Consol. Commc'ns Ctr., 536 F.3d 10, 2023) (citing 29 CFR 791.2); Monroe v. Hayward 640, 644 (7th Cir. 2008). See Rebecca Rainey, Perdue, Tyson Face Unified Sch. Dist., No. 22-CV-04489, 2023 WL 129 2480738, at *2-3 (N.D. Cal. Mar. 12, 2023) (citing See 85 FR 2853 (discussing comments during 'Unique' Probe in Child Labor Crackdown, 134Bloomberg Law (Oct. 10, 2023) (suggesting that the the version of 29 CFR 791.2 that was promulgated the Department's 2019-20 rulemaking which absence of any ''official regulatory test on the books in 1958 and recognizing that it had been amended ''agreed that the additional clarity would promote governing the [Department]'s approach to joint in 2020, and citing the version of 29 CFR 791.2 that business relationships''). employment'' could be a ''potential hurdle'' in its was promulgated by the 2020 Rule and recognizing See Loper Bright, 603 U.S. at 388 (advising 135investigation of child labor violations involving that it has not been in effect since October 5, 2021); that the ''weight'' of agency interpretive guidance meatpacking companies and their subcontractors Lambert v. Jariwala & Co., No. 18-CV-17295, 2023 depends in part ''upon the thoroughness evident in and staffing agencies). WL 1883354, at *9 (D.N.J. Feb. 10, 2023) (citing 29 its consideration'') (quoting Skidmore, 323 U.S. at CFR 791.2). Salinas, 848 F.3d at 135; see also Harris v. 140); see also U.S. v. Mead Corp., 533 U.S. 218, 228 130Med. Transp. Inc., 300 F. Supp. 3d 234, 241-43 Skidmore v. Swift & Co., 323 U.S. 134, 139- (2001) (noting that, among other factors, ''courts 132(D.D.C. 2018) (summarizing ''a dizzying world of 40 (1944); see also Loper Bright Enterprises v. have looked to the degree of the agency's care'' and multi-factor tests'' from different circuits). Raimondo, 603 U.S. 369, 402 (2024) (''In an agency ''formality'' in determining the measure of case in particular, the court will go about its task deference to afford agencies' interpretations of their See, e.g., Guevara v. Lafise Corp., 127 F.4th 131 with the agency's 'body of experience and informed statutes). 824, 831 (11th Cir. 2025) (citing 29 CFR 791.2(a)); judgment,' among other information, at its Galvez v. Invest Cloud, No. 23 Civ. 11301 (KPF), See Admin. Conf. of the U.S., 136 disposal.'') (quoting Skidmore, 323 U.S. at 140). 2026 WL 165737, at *4 (S.D.N.Y. Jan. 21, 2026) Recommendation 2019-1, Agency Guidance (citing 29 CFR 791.2(a)); Ortiz v. Consolidated Compare 29 CFR 825.106(a) (FMLA) with 29 Through Interpretive Rules, at 7-8 (June 13, 2019) 133Edison Co., No. 1:22-CV-08957, 2025 WL 2717309, CFR 500.20(h)(5) (MSPA). The Seventh Circuit has (advising agencies to consider offering an at *25 (S.D.N.Y. Sept. 24, 2025) (citing 29 CFR noted that the current FMLA regulation, which opportunity for public participation before or after 791.2(a)); Ennals v. Spencer Gifts Distrib. Ctr., No. closely resembles the Department's 1958 FLSA the adoption or modification of an interpretive 3:23-CV-00615-GMG, 2025 WL 2808951, at *2 regulation, ''does not . . . provide much guidance rule), https://www.acus.gov/sites/default/files/ (W.D.N.C. Sept. 30, 2025) (citing 29 CFR 791.2(a)); in determining the parameters of what constitutes documents/Agency%20Guidance%20Through%20Baquiax v. Abasushi Fusion Cuisine Inc., No. 16- a joint-employment relationship.'' Moldenhauer v. Continued

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that they are otherwise consistent with Department looks forward to receiving reliance defense in the Portal-to-Portal Part 791. Finally, the Department Act. feedback on this proposed rule and will proposes to amend 29 CFR 780.305(c) consider any relevant ''written data, and 29 CFR 780.331(d) so that those views, or arguments'' submitted by introductory statement. provisions, which address FLSA joint commenters during the notice-and- comment process. See 5 U.S.C. 553(c). B. General Principles (Proposed settings, also cross-reference to the § 791.105) III. Discussion of Proposed Regulatory FLSA analysis in Part 791. Provisions In proposed § 791.105, the As noted above and for the reasons Department would introduce the basic provided herein, the Department For all the reasons discussed above, concept of FLSA joint employment and believes this proposed analysis the Department proposes to issue explain some relevant general represents the best construction of the regulations providing interpretive principles. FLSA--and by extension the FMLA and guidance to its enforcement personnel, Proposed § 791.105(a) addresses, as a MSPA--with respect to determining and workers and employers in the general matter, who or what constitutes joint employer status under those regulated community, for determining an employer under the Act, explaining statutes, adheres to Supreme Court joint employer status under the FLSA in that an ''employer or joint employer precedent, and is generally consistent Part 791, where it was located prior to may be an individual, partnership, with the commonality between the 2021. The Department's proposed association, corporation, business trust, various tests applied by the federal framework and analysis aligns with legal representative, public agency, or courts of appeals. some aspects of the 2020 Rule, but any organized group of persons, includes several important A. Introductory Statement (Proposed excluding any labor organization (other modifications, as discussed in greater § 791.100) than when acting as an employer) or detail below. anyone acting in the capacity of officer The proposed regulatory text in part or agent of such a labor organization.'' as § 791.100 (with minor, non- 791 includes: The broad conception of an employer is substantive revisions) the regulatory text • an introductory provision at required by subsection 203(d) of the from the 2020 Rule which provided an § 791.100 explaining the purpose of part Act, which defines an ''employer'' introductory statement at the beginning 791; under the FLSA as including ''any of the regulatory provisions. The • a provision at § 791.105 describing 137 person acting directly or indirectly in introductory statement would advise general principles; the interest of an employer in relation that: part 791 contains the Department's • a provision at § 791.110 describing to an employee'' (emphasis added) ''general interpretations of the text two common scenarios of FLSA joint including a ''public agency,'' but not governing joint employer status under employment, i.e., vertical and including ''any labor organization (other the [FLSA]''; the WHD Administrator horizontal joint employment, as well as than when acting as an employer) or will use the interpretations ''to guide the obligations of joint employers under anyone acting in the capacity of officer the performance of his or her duties the FLSA; or agent of such labor organization,'' as under the FLSA'' and intends them ''to • a provision at § 791.115 providing well as subsection 203(a), which defines be used by employers, employees, and the standard for determining vertical a ''person'' under the FLSA as ''an courts to understand employers' joint employment under the FLSA; individual, partnership, association, obligations and employees' rights under • a provision at § 791.120 providing corporation, business trust, legal the FLSA''; any prior inconsistent or the standard for determining horizontal representative, or any organized group conflicting ''administrative rulings, joint employment under the FLSA; of persons.'' As the Department interpretations, practices, or • a provision at § 791.125 addressing explained in the 2020 Rule, enforcement policies relating to joint the relevance of certain business employer status under the FLSA'' are incorporating the FLSA's definition of practices when determining joint ''person'' into the proposed regulatory rescinded; and employers may rely on employment under the FLSA; and text is appropriate to encompass the the interpretations to satisfy the good • a severability provision at faith reliance defense in the Portal-to- meaning of employer set forth in the § 791.130. statutory text. Indeed, just like an Portal Act (29 U.S.C. 259), Additionally, the Department ''employer'' under the FLSA, ''every notwithstanding that after any such act proposes to revise the regulations kind of person contemplated by the or omission in the course of such reliance, any such interpretation is [FLSA]'' can be a joint employer under MSPA and the FMLA to apply the the FLSA assuming that the person modified or rescinded or is determined analysis in part 791 when determining otherwise satisfies the Department's by judicial authority to be invalid or of joint employer status under those no legal effect. joint employer standard. Proposed 138statutes. Specifically, the Department The Department believes that this § 791.105(a) is nearly identical to proposes to revise 29 CFR 500.20(h)(5) introductory statement would provide § 791.2(d)(1) of the 2020 Rule without in the MSPA regulations and 29 CFR clarity as to how WHD intends to use the citation to 29 U.S.C. 203(a) and (d). 825.106(a) in the FMLA regulations to part 791 and how employers, Proposed § 791.105(b) provides that replace the analyses there with cross- businesses, workers, and courts should ''an employee may have multiple references to Part 791, and to ensure use part 791. The introductory employers under the FLSA,'' statement would also address how part recognizing the reality that many

Interpretive%20Rules%20CLEAN%20FINAL%20 791 relates to prior interpretations, employees have more than one distinct

POSTED.pdf; see also Final Bulletin for Agency providing further clarity to the public. employer. Yet this fact, by itself, does Good Guidance Practices, OMB Bull. No. 07-02, at And the introductory statement would not implicate joint employment. 9 (Jan. 18, 2007) (noting that ''interpretive rules of explain how employers can rely on part Proposed § 791.105(b) confirms as general applicability or statements of general policy might be so consequential as to merit advance 791 for purposes of the good faith much, explaining that, in ''most cases, notice-and-comment''), https://www.whitehouse.gov/wp-content/uploads/legacy_

drupal_files/omb/memoranda/2007/m07-07.pdf. 29 CFR 791.1 (2020). 85 FR 2839. 137 138

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each employment will be distinct from formalities may be used to divide a plain language to the extent possible, so the others, and each employer will be business' operation and avoid the these scenarios are generally FLSA's requirements,'' and that understandable to a significant portion with the FLSA with respect to the ''[c]losely-related entities that are not in of small business owners and employee.'' Most employees with more fact separate may be liable as a single Proposed § 791.110 also 140than one employer work separate and employer under the FLSA without addresses certain ramifications under distinct jobs for each. Indeed, in most needing to consider joint employment.'' the FLSA if two employers or entities cases an employee's work for one When an employee is allegedly are joint employers of one or more employer will have no impact on that employed by multiple entities that may employees, notably explaining that they employee's employment relationship not truly be separate entities, evaluating are jointly and severally liable for with another employer, thus not raising whether the entities are one entity and compliance with the FLSA with respect joint employment implications. thus a single employer under the FLSA to employees jointly employed. Proposed § 791.105(b) further explains should be considered before applying As described in proposed that, in some circumstances, however, any joint employment analysis. See § 791.110(a), vertical joint employment ''two or more employers may employ WHD Opinion Letter FLSA2025-5 generally describes an arrangement in the employee in a manner that makes (Sept. 30, 2005) (explaining that, as an which an employee ''is jointly them joint employers of the employee alternative to considering joint employed by two or more employers such that they are together responsible employment, ''[s]eparately incorporated that simultaneously benefit from the for complying with the FLSA with entities may be considered a single employee's work.'' The subsection respect to the employee.'' Those employer . . . for purposes of explains that, in a typical vertical joint circumstances--joint employment compliance with the FLSA''). As noted employment situation, ''the employee under the Act--are described later in above, joint employment exists only works one set of hours and there is no the regulation. between two or more separate and dispute that the employee has at least Proposed § 791.105(c) explains that distinct entities. Where multiple one employer for the work,'' and ''the FLSA joint employment exists only putative employers are actually or issue is whether another person that among and between two or more effectively a single entity, it is a single also benefits from the work is the employers that are separate entities-- employer solely responsible for employee's joint employer.'' 141''[f]or there to be joint employment, complying with the FLSA with respect Continuing, the proposed provision each employer must exist as a separate to the work performed by the employee adds that this ''scenario is described as entity.'' This is distinct from (including aggregating the employee's 'vertical' because it often centers around circumstances in which an employee is hours worked attributed to each entity whether business partners which are allegedly employed by two nominally to determine any overtime premium due higher or lower in a particular industry separate entities, but in fact, the entities under the FLSA), and a joint are not separate and distinct, but rather employment analysis is not one entity and employer. As a result, the 139employee is simply employed by a The Department welcomes comment employee.'' single employer responsible for FLSA on all aspects of proposed § 791.105. compliance with respect to that C. Two Scenarios of FLSA Joint employee. Proposed § 791.105(c) The 2020 Rule did not use ''vertical'' and 140 ''horizontal,'' electing instead to use the labels ''first Employment (Proposed § 791.110) acknowledges these situations by joint employment scenario'' (vertical) and ''second providing that, in some cases, ''it may Proposed § 791.110 addresses the joint employment scenario'' (horizontal). 29 CFR be unnecessary to consider joint related concepts of ''vertical'' and 791.2(a) and (e) (2020). These phrases, albeit employment because the entities comprised of ostensibly simpler words, ultimately ''horizontal'' joint employment, using obfuscated and confounded relevant concepts. In constituting the alleged employers are the years since, courts, workers, businesses, and in fact a single entity and thus a single others have continued to use the ''vertical'' and Proposed § 791.105(c) notes that ''it may be 139employer for purposes of FLSA ''horizontal'' terminology. Accordingly, the unnecessary to consider joint employment'' to the compliance.'' The subsection continues Department uses these more precise terms in this extent nominally separate ''entities constituting the with an example, noting that ''if two alleged employers are in fact a single entity and thus a single employer for purposes of FLSA This is consistent with the 2020 Rule which entities are separately incorporated but 141 compliance.'' Likewise, under a longstanding described this scenario (labeling it the ''first'' effectively operate as a single entity, FMLA regulatory provision, ''[s]eparate entities'' scenario) as involving a worker who was they may in fact be a single employer may be ''deemed to be parts of a single employer unquestionably the employee of one employer and under the FLSA.'' It explains that for purposes of FMLA if they meet the integrated whose work for that employer simultaneously employer test.'' See 29 CFR 825.104(c)(2) (detailing benefits another person, and the issue is whether ''[n]either incorporating a separate that test including its factors to consider). This that other person is also the employee's employer. entity nor manipulating corporate proposal would not change 29 CFR 825.104(c)(2). 85 FR 2827.

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Importantly, vertical joint joint employer of them. See generally with the employees is such that it employment can encompass work Figure A above. functions as an employer of the This makes sense in a vertical joint arrangements involving parties of employees, rather than a mere business employment scenario because, in varying sizes and resources, including partner of the other employer, the two situations where employees perform agents or intermediaries who act on entities are joint employers under the work that simultaneously benefits two behalf of one or more employers. In the FLSA. Id. separate businesses, the only degree of Department's experience in FLSA cases, As described in proposed association between the business vertical joint employment often involves § 791.110(b), horizontal joint partners may be a contractual agreement a higher-tier entity, such as a staffing employment generally involves between them whereby one provides agency client or general contractor, that situations in which an employee works services or labor or both to the other. In disputes whether it has an employment separate hours for two or more joint this vertical context, focusing on the relationship with workers who are employers in the same workweek, ''and association between the different unquestionably employees of a lower- businesses likely would not be tier entity, such as a staffing agency or with each other with respect to the probative, as such typical contractual subcontractor, that has a business employment of the employee such that business arrangements between relationship with the higher-tier they are joint employers.'' The proposed companies do not themselves create entity. As the lower-tier entity is 142 subsection explains that, in a typical joint employment liability under the indisputably an employer in such horizontal joint employment situation, FLSA. Zheng, 355 F.3d at 76 (explaining circumstances, the vertical joint ''it is undisputed that each employer that the FLSA's employment definitions employment analysis focuses on the employs the employee for some hours higher-tier entity's relationship with the were ''manifestly not intended to bring worked, and the issue is whether the normal, strategically-oriented employees of the lower-tier entity to employers are sufficiently associated determine whether the higher-tier entity contracting schemes within the ambit of with each other with respect to the has an employment relationship with the [statute]''). However, when the employment of the employee.''said employees, that is, constitutes a putative joint employer's relationship 143

Notwithstanding the Department's experience Arnheim & Neely, Inc., 444 F.2d 609, 610-12 (3d vertical joint employment case is the business client 142 of a subcontractor or staffing agency. and the more ubiquitous situation above, sometimes Cir. 1971), rev'd on other grounds, 410 U.S. 512 the entity disputing its status as a vertical joint This is consistent with the 2020 Rule, in (1973) (concluding that a similar real estate 143employer is the lower-tier entity--often a which the Department explained that focusing on management company was a joint employer); subcontractor, staffing agency, or similar business. the relationship between the two employers is the Baystate Alternative Staffing, Inc. v. Herman, 163 See, e.g., Falk, 414 U.S. at 192-95 (concluding that correct approach in this scenario given that the F.3d 668, 674-76 (1st Cir. 1998) (affirming that a a company that ''render[ed] management services employee is indisputably employed by both temporary staffing agency was a joint employer). for the owners of a number of apartment employers and works separate jobs and hours for However, more typically the entity at issue in a complexes'' was a joint employer); Hodgson v. each employer. 85 FR 2845.

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and that ''[i]f one of them is unable or Consistent with caselaw, subsection Those four factors are whether the other 791.110(b) adds that, when there is person or entity: (1) hires or fires the unwilling to pay, the others are horizontal joint employment, an employee; (2) supervises and controls responsible for the full amount employee's total hours worked across the employee's work schedule or owed.'' Proposed § 791.110(c) further 144the workweek for each of the employers conditions of employment to a provides that, ''[i]n discharging this ''must be aggregated for purposes of substantial degree; (3) determines the joint obligation in a particular FLSA compliance, and each employer is employee's rate and method of payment; workweek, each joint employer may jointly and severally liable for the and (4) maintains the employee's take credit toward minimum wage and employee's wages due under the FLSA, employment records. overtime pay requirements for all In the typical vertical joint including any overtime premiums due payments made to the employee by any employment scenario, the worker is based on the aggregated hours worked.'' other joint employer.'' In the 2020 Rule, undoubtedly an employee under the See, e.g., Chao v. A-One Med. Servs., the Department explained that this Inc., 346 F.3d 908, 918 (9th Cir. 2003); FLSA, has an employer, and works one ''merely restates the longstanding Wirtz v. Hebert, 368 F.2d 139, 141 (5th set of hours for that employer. The issue principle of joint and several liability Cir. 1966); Mid-Continent Pipe Line Co. is whether another person or entity who under the [FLSA],'' and that it received v. Hargrave, 129 F.2d 655, 658-59 (10th also benefits from the employee's work no comments regarding this Cir. 1942). also benefits from that work as, or in the guidance. Proposed § 791.110(c) 145The analysis centers on the manner of, an employer. If so, the other would be the same as § 791.2(f) of the employers' relationship, which makes person or entity is the employee's 2020 Rule with minor, non-substantive sense in the horizontal joint employer too and, therefore, is jointly revisions. employment scenario because the and severally liable to compensate the employee is unquestionably employed employee for all hours worked. The on all aspects of proposed 791.110. by each employer, and the issue is the 2020 Rule illustrated vertical joint D. Determining Vertical Joint relationship between the employers. See employment with examples, including Employment (Proposed § 791.115) Figure B above. In these circumstances, ''where the employer is a subcontractor focusing on the employee would not be or staffing agency, and the other person Proposed § 791.115 provides the probative of the relationship between is a general contractor or staffing agency Department's standard for determining the employers; instead, analyzing the client.'' vertical joint employment. As explained 146association (or lack thereof) between the The four factors identified in below, the proposed standard generally employers is indicative of whether they proposed § 791.115(a) weigh the resembles the standard previously jointly employ the employee and, economic reality of the potential joint provided on vertical joint employment therefore, must aggregate the hours employer's control, direct or indirect, from the 2020 Rule, though with several worked by the employee for each of over the employee and would provide important changes. them. needed clarity and uniformity to the 1. Four Factors To Apply (Proposed Proposed § 791.110(c) provides that, These factors capture 147§ 791.115(a)) for ''each workweek that a person is a the precise types of indicators that the joint employer of an employee, that Vertical joint employment may occur Supreme Court found to be dispositive joint employer is jointly and severally where an employee is employed by an of joint employer status in Falk. There, liable with any other joint employers for employer for work, and another the management company hired, compliance with all of the applicable person--or entity--simultaneously supervised, and paid the employees at provisions of the FLSA . . . for all of benefits from that work as, or in the issue, who were clearly employees of the hours worked by the employee in manner of, an employer. Proposed the building owners. Citing the 148that workweek.'' As the Department § 791.115(a) provides four factors to explained in its proposal that became determine whether the other person is 85 FR 2828. 146the 2020 Rule, joint and several liability the employee's joint employer in that See id. at 2830. 147means that ''all joint employers are each vertical joint employment scenario. 414 U.S. at 193 (''These employees work 148fully responsible for the entire amount under the supervision of [the management company] and are paid from the rentals received at of minimum wages and overtime pay 84 FR 14045 n.11. the apartment complexes where they are 144due to the employee in the workweek,'' 85 FR 2845. Continued 145

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''expansiveness'' of the FLSA's the Department published regulations control'' is the standard for determining Relying on definition of ''employer'' in section 3(d) addressing vertical joint employment

Bonnette, the Third Circuit articulated as well as its definition of ''employee'' under the FLSA in the context of four factors that ''are not materially farmers and labor contractors or crew in section 3(e), the Court concluded that different'' from the Bonnette factors. the management company's ''substantial leaders who supply harvest hands and 162Although the Sixth, Seventh, and control of the terms and conditions of other laborers to the farmers. 155Eighth Circuits have not issued the work of these employees'' made it a Assuming the labor contractor or crew definitive FLSA joint employment joint employer of the employees.leader is an independent contractor of 149decisions, they have issued decisions Substantial control is the standard set the farmer and employs the laborers, suggesting that Bonnette is the basis for by the Court in Falk. The Court has not those regulations provide that the determining joint employment. The revisited its decision in Falk, nor has it farmer is a joint employer ''if the farmer Sixth Circuit applied the Bonnette revised the vertical joint employment has the power to direct, control or factors to determine whether the standard it announced in that case, or supervise the work, or to determine the plaintiff, whose employer was a otherwise addressed joint employment pay rates or method of payment'' for the governmental entity that was immune under the Act. The factors proposed by laborers.And in both 1983 and 1993, 156from the suit, was also employed by the Department align with the standard when the Department published its first another entity. The Sixth Circuit that the Supreme Court determined to regulations providing factors for 163added that the other entity was not the be dispositive in Falk. determining vertical joint employment plaintiff's joint employer under the 2020 Not only do the proposed factors under MSPA and the FMLA Rule, which ''focuses on the same epitomize the substantial control contemporaneous with each statute's factors.'' Some district courts within standard in Falk, they also derive from, enactment, the Department identified 164the Sixth Circuit have cited that and align with, Bonnette, the seminal factors addressing control, supervision, decision to apply the Bonnette factors in appellate court decision addressing determining pay rates and methods of joint employment cases. The Seventh FLSA joint employment. Citing Falk, the payment, hiring and firing, and payroll 165Circuit, in an FMLA decision in which Ninth Circuit in Bonnette explained that records--just like the factors that the 157it relied heavily on FLSA principles, ''[t]wo or more employers may jointly Department is proposing in this NPRM. indicated that joint employment employ someone for purposes of the Notably, the Department's proposed depends on the amount of control FLSA'' and that ''[a]ll joint employers multi-factor balancing test is like the exercised over the employee and that are individually responsible for tests applied by many courts, which, the Bonnette factors are relevant, compliance with the FLSA.''The like the Department's test, derive from 150although not exclusive, when assessing Ninth Circuit further explained that Bonnette. For example, the First Circuit control. District courts within the ''[t]he ultimate determination must be applied the Bonnette factors in Baystate 166based 'upon the circumstances of the and the Fifth Alternative Staffing,158whole activity.' ''The Ninth Circuit Talarico v. Pub. Partnerships, LLC, 837 F. App'x 81, Circuit applied the Bonnette factors in 15184-86 (3d Cir. 2020); Fischer v. Fed. Express Corp., identified as determinative whether the Gray v. Powers.Similarly, the Third 159509 F. Supp. 3d 275, 290 (E.D. Pa. 2020), aff'd 42 potential joint employer: (1) had the Circuit has explained that ''a F.4th 366 (3d Cir. 2022); Thompson v. Real Estate power to hire and fire the employees, (2) determination of joint employment Mortg. Network, 748 F.3d 142, 149 (3d Cir. 2014). supervised and controlled employee 'must be based on a consideration of the Enterprise Rent-A-Car, 683 F.3d at 468 161(''Ultimate control is not necessarily required to total employment situation and the find an employer-employee relationship under the employment, (3) determined the rate economic realities of the work FLSA, and even indirect control may be sufficient. and method of payment, and (4) relationship,' ''and that ''significant In other words, the alleged employer must exercise 160maintained employment records.It significant control.'') (internal quotation marks 152omitted). added that, ''[i]n varying combinations, 38 FR 27520-21 (Oct. 4, 1973) (adding 29 CFR 155Id. at 468-470. these factors have been considered by 162780.305(c) and revising 29 CFR 780.331(d)). See Rhea v. W. Tennessee Violent Crime & 163other courts for the same purpose.'' See 29 CFR 780.305(c), 780.331(d). Drug Task Force, 825 F. App'x 272, 275-77 (6th Cir. 15315648 FR 36745 (§ 500.20(h)(4)(ii)(A)-(E)) The Ninth Circuit applied those four 2020) (concluding that the other entity was not the 157(MSPA); 58 FR 31814 (§ 825.106(a)(1)-(5)) (FMLA). factors and concluded that the counties plaintiff's employer because it ''did not have 163 F.3d at 675. control over the key 'economic' aspects of [his] were joint employers because they 158employment''). 673 F.3d 352, 355-57 (5th Cir. 2012). 159''exercised considerable control over the Although Gray involved whether an individual Id. at 277 n.4. 164owner of the employer corporation was jointly See Hamm v. Acadia Healthcare Co., No. 165liable under the FLSA, the court noted that it ''must relationship'' and ''also had complete 3:21-CV-00550, 2022 WL 3129033, at *5 (M.D. apply the economic realities test to each individual Tenn. Aug. 4, 2022) (citing Rhea, 825 F. App'x at economic control over the or entity alleged to be an employer and each must 275-77); Gowey v. True Grip & Lighting, Inc., 520 relationship.'' satisfy the four part test.'' Id. at 355 (emphasis 154F. Supp. 3d 1013, 1022-24 (E.D. Tenn. 2021) In addition, the factors proposed by added) (quotation marks and citation omitted). As (same); see also Smith v. Guidant Glob. Inc., No. the Department also are consistent with the 2020 Rule noted (85 FR 2831 n.57), two older 19-CV-12318, 2019 WL 6728359, at *3 (E.D. Mich. Fifth Circuit decisions applied a different test to Dec. 11, 2019) (applying the Bonnette factors). its earliest interpretations of vertical determine whether an entity was a joint employer Some other district courts within the Sixth Circuit joint employment. For example, in 1973 under the FLSA, and the Fifth Circuit has not yet have applied variations of the Bonnette factors. See overruled those decisions--creating some Holmer v. Alcove Ventures, LLC, No. 1:23-CV-747, uncertainty about what joint employer test applies 2024 WL 4350906, at *10 (N.D. Ohio Sept. 30, 2024) employed.''), n.4 (noting that the management in the Fifth Circuit. See Hodgson v. Griffin & Brand (applying a three-factor test considering (1) company was responsible for ''hiring and of McAllen, Inc., 471 F.2d 235, 237-38 (5th Cir. authority to hire, fire and discipline; (2) control supervising all employees required for the 1973); Wirtz v. Lone Star Steel Co., 405 F.2d 668, over employees' pay and insurance; and (3) operation and maintenance of the buildings and 669-70 (5th Cir. 1968). Similar to Bonnette, those supervision); Carson v. Ever-Seal, Inc., No. 3:22- grounds''). older decisions considered how much control the CV-00205, 2024 WL 2060130, at *5 (M.D. Tenn. Id. at 195. 149potential joint employer exerts over the employee May 7, 2024) (applying Bonnette-like factors plus 704 F.2d at 1469 (citing 414 U.S. at 195). and whether it has the power to fire, hire, or modify additional factors including whether the employee 150Id. at 1470 (citing Rutherford Food, 331 U.S. the employment conditions of the employee. is an integral part of the putative employer's 151at 730). operation). In re Enterprise Rent-A-Car Wage & Hour 160Id. at 1470. Emp't Practices Litig., 683 F.3d 462, 469 (3d Cir. Moldenhauer, 536 F.3d at 643-45. In a 152166Id. (citing cases). 2012) (quoting Bonnette, 704 F.2d at 1470); see also decision the prior year though, the Seventh Circuit 153Id. at 1470. Burrell v. Staff, 60 F.4th 25, 43-48 (3d Cir. 2023); affirmed a finding of joint employment in an FLSA/ 154

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Seventh Circuit generally apply the Thus, although there is variance in number of factors in a multi-factor test, the analyses applied by federal courts, the more complex and difficult the Bonnette factors in FLSA joint the Bonnette factors are by far the analysis, and the greater the likelihood employment cases. The Eighth 167 closest thing to a common denominator of errant or inconsistent results in Circuit has suggested that joint applied by courts when determining similar cases. By using factors that employment under the FLSA is FLSA vertical joint employment. By generally--but by no means determined by analyzing economic synthesizing this caselaw, identifying exclusively--focus on the potential joint realities factors such as the potential common factors, and proposing a clear employer's control over the common joint employer's ''right to control the and straightforward analysis that nature and quality of the work,'' its 176 incorporates the Supreme Court's the Department believes that its ''right to hire or fire,'' and ''the source decision in Falk and the core proposed test will assist stakeholders, of compensation for the work.'' 168 commonality drawn from that decision guide its investigators, and help courts District courts within the Eighth Circuit in the federal courts of appeals, the in determining FLSA joint employer generally apply the Bonnette factors. 169 Department aims to address this status with greater ease and consistency. The Department recognizes that some variance and encourage greater The Department suggests that the results circuits apply a wider range of factors, consistency and uniformity for will include greater certainty both to but the Bonnette factors nonetheless stakeholders. And although the employers and workers as to who is and provide the foundation for a number of Department's proposed four factors are is not a joint employer under the FLSA those analyses. For example, the Ninth not exhaustive, the Department before (or, indeed, without) any Circuit applies the Bonnette factors it 174 believes that an analysis with fewer litigation. adopted plus eight additional factors. 170 As noted above, the Department's factors is preferable to, for example, the The Second Circuit first applies the proposed four factors are, in fact, the two-step-and-10-total-factor, 12-factor, Bonnette factors to determine if the Bonnette factors with some and 8-factor analyses applied by the potential joint employer has ''formal modifications. The Department's first Second, Ninth, and Eleventh Circuits, control'' over the workers such that it is factor asks whether the potential joint respectively. These analyses were a joint employer; if not, the Second employer hires or fires employees, developed and designed by and for Circuit then looks at six additional whereas the first Bonnette factor is courts, framed to be applied by learned factors based on Rutherford Food to whether the potential joint employer judges to resolve complicated questions determine if the potential joint has the ''power'' to hire and fire the of law in the context of federal employer has ''functional control'' over employee. This modification is litigation. It is difficult for the the workers such that it is a joint consistent with courts' focus in practice Department to expect that even the most employer. The Eleventh Circuit 171 on whether a potential joint employer diligent and conscientious workers and applies an eight-factor analysis, the first actually has hired or fired workers, as employers, especially small businesses, five of which are similar to the Bonnette 177 well as their general focus on would accurately and reliably apply factors. Finally, the Fourth Circuit 172 ''economic reality'' when assessing these analyses and tests in real time. has rejected the Bonnette factors in favor 175 employment relationships under the For this reason, the Department of a novel test. 173 FLSA. However, as explained below proposes a framework that distills the 178 in the discussion of proposed central questions, critical factors, and MSPA case, finding that the facts of the case § 791.115(c), the potential joint relevant determinations from these tests squarely fit those in Rutherford Food and ruling employer's reserved control into a structure that reliably produces that Rutherford Food ''requires judgment in the nevertheless may be considered with the outcomes of the judicial tests, but workers' favor under the FLSA.'' Reyes v. Remington Hybrid Seed Co., 495 F.3d 403, 408-09 that workers, and employers, and the (7th Cir. 2007) (''Everything the Court said about Department's investigators may readily The First Circuit observed that two of the four boning [in Rutherford Food] is true about 176 and reasonably apply. To this end, the Bonnette factors--examining whether the potential detasseling and rogueing at Remington.''). joint employer determines the employee's rate or Department believes that the greater the See, e.g., Egan v. A.W. Cos., No. 23 C 1148, 167 method of pay or maintains the employee's 2024 WL 4382083, at *5 (N.D. Ill. Oct. 3, 2024) employment records--''address . . . the economic (citing Moldenhauer); Patzfahl v. FSM ZA, LLC, No. aspects of the working relationship.'' Baystate, 163 a broader swath of workers than would constitute 20-C-1202, 2021 WL 4912883, at *2-3 (E.D. Wis. F.3d at 676. In this respect, the four-factor Bonnette employees at common law''); see also Hall v. Oct. 21, 2021) (same); Piazza v. New Albertsons, LP, test is consistent with the Supreme Court's focus on DIRECTV, LLC, 846 F.3d 757, 769 (4th Cir. 2017) No. 20-CV-03187, 2021 WL 365771, at *3 (N.D. Ill. ''economic reality'' in cases construing the FLSA's (''[Bonnette's] reliance on common-law agency Feb. 3, 2021) (same). employment definitions. See Orozco, 757 F.3d at principles ignores Congress's intent to ensure that Ash v. Anderson Merchandisers, LLC, 799 448 (describing the Fifth Circuit's four-factor test 168 the FLSA protects workers whose employment F.3d 957, 961 (8th Cir. 2015). derived from Bonnette as ''the economic reality arrangements do not conform to the bounds of See, e.g., Winesburg v. Stephanie Morris test''); Enterprise Rent-a-Car, 683 F.3d at 469 common-law agency relationships.''). The D.C. 169Nissan, LLC, No. 2:22-CV-04157-MDH, 2023 WL (advising that the Third Circuit's four-factor test Circuit recently relied heavily on the Fourth 3901483, at *2 (W.D. Mo. June 8, 2023); Padilla v. considers ''the economic realities of the work Circuit's decision in Salinas to develop a joint Caliper Bldg. Sys., LLC, No. 20-CV-00658, 2020 WL relationship'') (quoting Bonnette, 704 F.2d at 1470- employment analysis in a case arising under the DC 5629837, at *3 (D. Minn. Sept. 21, 2020); Hampton Wage Payment and Collection Law, which defines 7l). v. Maxwell Trailers & Pick-Up Accessories, Inc., No. employment to be coextensive with the FLSA's Compare, e.g., Baystate, 163 F.3d at 675 1772:18CV110 HEA, 2019 WL 3766639, at *4 (E.D. Mo. definitions. See Mills v. Anadolu Agency NA, Inc., (concluding that a staffing agency was a joint Aug. 9, 2019). 105 F.4th 388, 399 (D.C. Cir. 2024). employer in part because it was ''solely responsible Torres-Lopez, 111 F.3d at 639-40; see also See section III.D.5., infra. for hiring the temporary workers'') with Aimable, 20 170 174Moreau v. Air France, 356 F.3d 942, 950-52 (9th F.3d at 442 (concluding that a farm did not jointly A worker or employer would have to identify 175Cir. 2004) (FMLA case). employ migrant farmworkers in part because the the governing appellate decision--including See Barfield v. New York City Health & Hosps. farm ''never mandated that a particular individual subsequent decisions--of the relevant federal court 171Corp., 537 F.3d 132 (2d Cir. 2008); Zheng v. Liberty be hired or fired'') and Orozco, 757 F.3d at 449 of appeals. Once the proper cases have been Apparel Co., 355 F.3d 61 (2d Cir. 2003). (concluding that a franchisor was not a joint identified, the worker or employer would have to See Layton, 686 F.3d at 1175-77; see also employer in part because the record ''[did] not properly understand and apply each factor often to 172Aimable v. Long & Scott Farms, 20 F.3d 434, 443- prove that [he] hired or fired employees''). nascent and developing business arrangements-- 44 (11th Cir. 1994). without the benefit of months of years of See Tony and Susan Alamo Found. v. Sec'y 178Salinas, 848 F.3d at 137 (stating that subsequent discovery. Even assuming 8 or 12 of Labor, 471 U.S. 290, 301 (1985) (''The test of 173Bonnette's ''reliance on common-law agency factors were properly applied, the worker or employment under the [FLSA] is one of 'economic principles does not square with Congress's intent employer must weigh them against each other to reality[.]' '') (quoting Goldberg v. Whitaker House that the FLSA's definition of 'employee' encompass reach the correct legal conclusion. Coop., Inc., 366 U.S. 28, 33 (1961)).

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respect to any of the factors (although employer status under the FLSA.'' ''some bearing,'' and added that the ''definition of 'employ' is broad'' and The 2020 Rule further stated that FLSA exercise of control is more relevant), so ''evidently derives from the child labor section 3(e)'s definition of ''employee'' the potential joint employer's ''power'' statutes.'' Similarly, the Court in and section 3(g)'s definition of 189to hire and fire may be considered even Darden described section 3(e) as ''employ'' ''determine whether an though the Department's proposed first ''evidently deriv[ing] from the child individual worker is an employee under factor does not contain the word labor statutes'' and noted that the FLSA the [FLSA]'' and do not provide a basis ''power.'' ''defines the verb 'employ' for determining joint employment. 183The Department's second factor expansively.'' Characterizing these Accordingly, the 2020 Rule's regulatory 190questions whether the potential joint cases, the district court in Scalia stated text cited 29 U.S.C. 203(d) and provided employer supervises and controls the that ''they [a]ll agreed that the that, in the vertical joint employer employee's work schedule or conditions 'middlemen' who directly employed scenario, ''[t]he other person is the of employment to a substantial degree, children were their employers'' and that employee's joint employer only if that whereas the second Bonnette factors ''[t]he only question was whether person is acting directly or indirectly in does not contain ''to a substantial businesses that 'used' middlemen were the interest of the employer in relation degree.'' Because the facts underlying also (joint) employers.'' to the employee.'' 191 184such supervision and control in a For all these reasons, the Department But here the Department is not typical case do not generally yield recognizes that the FLSA's employment proposing that regulatory text from the binary outcomes (i.e., total supervision/ definitions must be viewed together; 2020 Rule or that section 3(d) is the control or a complete lack of none should be excluded when exclusive statutory basis for determining supervision/control), the ''to a considering potential joint employment. joint employment under the FLSA to the substantial degree'' language simply exclusion of sections 3(e) and 3(g). reflects that there is some degree of such on this proposed approach. Section 3(d)'s definition of ''employer'' supervision/control in the middle (i.e., as including ''any person acting directly 2. Meaning of ''Employment Records'' that is more than occasional and is in or indirectly in the interest of an (Proposed § 791.115(b)) fact substantial) that tips this factor from employer in relation to an employee'' is Proposed § 791.115(b) is substantively not indicating joint employment to of course relevant when considering similar to an analogous provision in the indicating joint employment. This joint employment under the FLSA. The 2020 Rule. The proposal defines language is consistent with the Supreme 192 Department recognizes, however, that ''employment records''--a term used in Court's holding in Falk that ''substantial section 3(e)'s definition of ''employee'' the fourth proposed factor--to mean control of the terms and conditions of and section 3(g)'s definition of records, such as payroll records, that the work'' of the employees was the ''employ'' as including ''to suffer or reflect, relate to, or otherwise record touchstone for joint employer status. permit to work'' are relevant too. 179 information pertaining to the hiring or Proposed § 791.115(a) also provides In the 2020 Rule, the Department firing, supervision and control of the guidance on applying the factors: ''No explained that, ''[a]s the Supreme Court single factor is dispositive in has ruled, the [FLSA's] definition of employment, or determining the rate 'employ' was a rejection of the common and method of payment of the the FLSA, as the determination will law standard for determining who is an employee. The proposal provides that depend on all of the facts in a particular employee under the FLSA in favor of a records maintained by the potential case.'' This proposed provision would broader scope of coverage.'' Having joint employer related to the employer's 185be similar to guidance provided in the considered the issue further, the compliance with the contractual 2020 Rule and consistent with 180 Department notes that courts have agreements identified in § 791.125 do Bonnette, which explained that found section 3(g) to also address joint determining joint employment ''does employment. For example, the Eleventh less likely under the FLSA and are not not depend on 'isolated factors but Circuit has stated that ''[t]he 'suffer or considered employment records. For rather upon the circumstances of the permit to work' standard derives from example, if a company has a contractual whole activity.' '' 181 state child-labor laws designed to reach agreement with a business partner businesses that used middlemen to requiring certain quality control on all aspects of its proposed four illegally hire and supervise standards and the company documents factors. children.'' In Rutherford Food, the Finally, the 2020 Rule, in explaining the efforts by the partner's employees to 186 Supreme Court held that the meat the vertical joint employment analysis fulfill those standards, those records boners employed by several that it adopted, stated that FLSA section would not be indicative of whether the intermediaries were, based on the facts 3(d)'s definition of employer ''is the company is a joint employer of the of that case, employees of the slaughter- statutory basis for determining joint partner's employees. house that benefitted from their The proposal further provides that the work. In so doing, the Court cited potential joint employer's satisfaction of 187414 U.S. at 195; see also Enterprise Rent-A- 179 sections 3(d), 3(e), and 3(g) as having the maintenance of employment records Car, 683 F.3d at 468 (explaining that a joint factor alone will not demonstrate joint employer ''must exercise 'significant control' '' (citation omitted)). employment. The Department believed, 85 FR 2827-28. 18229 CFR 791.2(a)(3)(i) (2020) (''No single factor and continues to be believe, that the 180 Id. 183is dispositive in determining joint employer status maintenance of employment records 29 CFR 791.2(a)(1) (2020) (emphasis added). under the Act. Whether a person is a joint employer 184 85 FR 2827 (citing Nationwide Mut. Ins. Co. under the [FLSA] will depend on how all the facts 185 v. Darden, 503 U.S. 318, 326 (1992); Walling v. in a particular case relate to these factors . . . '')); Id. at 728 & n.6. Portland Terminal Co., 330 U.S. 148, 150-51 see also 85 FR 2833 (explaining that ''all four 188 Id. at 728 & n.7 (citing the Department's brief (1947)). factors need not necessarily be satisfied in order for 189 in that case). Antenor v. D & S Farms, 88 F.3d 925, 929 n. an entity to be deemed a joint employer'' and that, 186 Darden, 503 U.S. at 326 (citing Rutherford 5 (11th Cir. 1996) (citing Rutherford Food, 331 U.S. ''consistent with case law, the four factors represent 190 Food, 331 U.S. at 728). at 728 n.7; People ex rel. Price v. Sheffield Farms- a balancing test''). Slawson-Decker Co., 225 N.Y. 25, 29-31 (1918)). 490 F. Supp. 3d at 779. 704 F.2d at 1469 (quoting Rutherford Food, 191181331 U.S. at 730). 331 U.S. at 729-30. 29 CFR 791.2(a)(2) (2020). 187 192

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determination [being] based 'upon the factor may be probative of joint dispute over reserved right of control, circumstances of the whole employment and rejected requests to stating that ''[r]egardless of whether the activity,'''delete the factor from the analysis when actual practices and [counties] are viewed as having the 196promulgating the 2020 Rule.The contractual rights must both be power to hire and fire . . . [they] 193Department did note, however, that considered. Courts view the power to exercised considerable control over the ''courts have not found joint employer control the employee or the work as an status when maintenance of aspect of the joint employment relationship.'' 704 F.2d at 1470 employment records is the only (emphasis added). Similarly, in Salinas 197The 2020 Rule similarly recognized evidence to support such a finding.'' v. Commercial Interiors, the Fourth 194the relevance of the potential The Department thus clarified that, Circuit determined that a general employer's reserved right to control, but although the maintenance of contractor was a vertical joint employer stated that the ''potential joint employer employment records is a relevant factor, in part because, in addition to its other must actually exercise--directly or satisfaction of the fourth factor alone control, it ''could--and did'' impose indirectly--one or more of the[ ] indicia cannot lead to a finding of joint requirements on how the workers of control'' to be a joint employer under employer status.The Department is performed the work. 848 F.3d at 146 195the FLSA. The 2020 Rule further not aware of any reason or legal basis to (emphasis added); cf. Bartels v. 198stated that ''[t]he potential joint support changing that approach. Where Birmingham, 332 U.S. 126, 128-32 employer's ability, power, or reserved an employer maintains the employee's (1947) (applying an ''economic reality'' right to act in relation to the employee employment records, but no other test under the original Social Security may be relevant for determining joint factors indicate that the employer is a Act and declining to find that a dance employer status, but such ability, hall jointly employed a group of joint employer, the employment records power, or right alone does not musicians (along with their band factor alone will not result in joint demonstrate joint employer status leader), despite an unexercised contract without some actual exercise of clause that gave the dance hall control.'' The 2020 Rule added that ''complete control'' over the musicians). 199''[s]tandard contractual language Moreover, the Department's position maintenance of employment records reserving a right to act, for example, is in the 2020 Rule that actual exercise of factor. alone insufficient for demonstrating control is necessary to find joint 3. Relevance of Reserved Control joint employer status.'' employment under the FLSA stemmed 200(Proposed § 791.115(c)) However, the Department is not again in large part from its position that Proposed § 791.115(c) states that the proposing that regulatory text, nor does section 3(d)'s definition of ''employer'' potential joint employer's ability, it maintain that actual exercise of was the sole statutory basis for joint power, or reserved right to act in control is necessary to find joint In this proposal, 203relation to the employee is relevant for employment under the FLSA. Having however, the Department agrees (as further considered the matter, the determining joint employer status, but explained above) that section 3(g)'s Department believes that the more definition of ''employ'' is also relevant nuanced position it is proposing here-- exercise of control is more relevant than to determining joint employment, and not requiring actual exercise of control such ability, power, or right. It further considering both actual control and for there to be joint employment, but states, as an example, that a potential reserved right to control is consistent recognizing that exercised control is joint employer's contractual authority to with defining ''employ'' as including more relevant than reserved control supervise, discipline, or fire employees ''to suffer or permit to work.'' Section 204which is rarely or never exercised--is 3(g) indicates that joint employment is less relevant if in practice the more consistent with the FLSA and may exist where the potential joint potential joint employer never exercises longstanding caselaw, which focuses employer has substantial power to such authority. The subsection also both on the ''degree'' of control and direct an employee's work, even if it clarifies that, although contractual 201on ''the 'economic reality' of the does not actively direct the work. authority is generally relevant, a 205situation.'' For example, in Bonnette, potential joint employer's ability, 202the court focused on the actual exercise power, or reserved right to act in See 29 CFR 791.2(a)(3)(i) (2020) (citing 29 203of control where there was a factual connection with any of the contractual U.S.C. 203(d)); see also 84 FR 14044 (''Requiring the actual exercise of power ensures that the four-factor provisions or business practices test is consistent with the provision of 3(d) that identified in § 791.125 is not relevant. Bonnette, 704 F.2d at 1470 (quoting determines joint employer status, which requires an 196Rutherford Food, 331 U.S. at 730). This clarification is necessary to ensure employer to be 'acting . . . in relation to an See, e.g., Bonnette, 704 F.2d at 1470 that this proposal's general employee.' '') (quoting 29 U.S.C. 203(d)). In 197(considering whether the potential joint employer addition, the Seventh Circuit has advised in an consideration of contractual authority has ''the power to hire and fire'' employees) FMLA case that, for joint employment to exist, does not override the position explained (emphasis added); Enterprise Rent-A-Car, 683 F.3d ''each alleged employer must exercise control over at 468 (considering authority to control employee in § 791.125 that authority with respect the working conditions of the employee, although and their work); Baystate, 163 F.3d at 675-76 to certain contractual provisions is not the ultimate determination will vary depending on (citing a potential joint employer's power to decline the specific facts of each case.'' Moldenhauer, 536 relevant to determining joint employer to send a worker back to a job site as relevant to F.3d at 644 (citing Remington Hybrid Seed, 495 status under the FLSA. the joint employment determination). F.3d at 408). The Department recognizes that the 29 CFR 791.2(a)(3)(i) (2020) (citing 29 U.S.C. 29 U.S.C. 203(g). 198 204203(d)). potential joint employer's ability, See Sec'y of Lab., U.S. Dep't of Lab. v. 205power, or reserved right to act in Lauritzen, 835 F.2d 1529, 1543 (7th Cir. 1987) 199Id. (Easterbrook, J., concurring) (explaining that the 200relation to the employee is relevant for Layton, 686 F.3d at 1178-79; Torres-Lopez, ''suffer or permit'' phrasing potentially ''sweeps in'' 201determining joint employer status. 111 F.3d at 642-43; see also Zheng, 355 F.3d at 72 any work ''done for the employer's benefit or with Consistent with the ''ultimate (examining the ''degree'' of supervision). the employer's acquiescence''). The Eleventh Circuit has noted that courts have found Moreau, 343 F.3d at 1188 (emphasis added); 202 employment relationships ''under a multitude of see also Mitchell v. John R. Cowley & Bro., Inc., 292 85 FR 2832. circumstances where the alleged employer F.2d 105, 112 (5th Cir. 1961) (emphasizing ''the 193Id. (citing cases). exercised little or no [actual] control or supervision actual circumstances of employment'' in 194determining whether joint employment exists). Id. Continued 195

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these [authority] roles by way of the employer.Taking into consideration this For instance, a shipping facility that cuts back on its staffing caselaw and all the FLSA's employment guidelines and manuals it promulgated needs during a slow period may definitions, the Department believes to its subsidiaries.'' But the Third 208 incidentally impact the work schedules that proposed § 791.115(c) will provide Circuit found ''no evidence that [the of its staffing agency's employees, but greater clarity on the respective roles parent company's] actions at any time that general business decision would that actual practice and contractual amounted to mandatory directions fall short of control over the employees' provisions play in determining the rather than mere recommendations.'' 209 work schedules that would indicate economic reality of potential joint Therefore, ''[i]nasmuch as the adoption joint employer status. Similarly, the of [the parent company's] suggested 213 Eleventh Circuit in Layton found that policies and practices was entirely certain business decisions made by a on all aspects of proposed § 791.115(c). discretionary on the part of the shipping and logistics company which subsidiaries, [the parent company] had 4. Indirect Control (Proposed incidentally impacted the workdays of no more authority over the conditions of § 791.115(d)) drivers employed by a third party the assistant managers' employment Proposed § 791.115(d) recognizes that contractor, such as establishing the time than would a third-party consultant indirect control may be considered that packages were available for pick-up who made suggestions for when applying the four factors each morning or relaying ''erratic pick- improvements to the subsidiaries' identified in proposed § 791.115(a). The up orders'' that required drivers to work business practices.'' 210former provides that indirect control is longer hours, were insufficient to The Department continues to believe, exercised by the potential joint indicate joint employment. 686 F.3d at as it did when promulgating the 2020 employer through mandatory directions 1178. While acknowledging that such Rule, that the Third Circuit's 211to another employer that controls the business decisions ''may have description of indirect control is correct employee but adds that the other incidentally impacted Drivers' working and sensible. If a parent company lacks employer's voluntary decision to grant conditions,'' the court concluded that authority to require a subsidiary to such decisions did not establish joint the potential joint employer's request, adopt certain employment practices, it employment where the company ''did recommendation, or suggestion does not cannot indirectly require the not involve itself with the specifics of constitute indirect control that can subsidiary's employees to adopt such how those goals would be reached'' or demonstrate joint employer status. In practices. In sum, a potential joint otherwise ''exert control as an employer addition, proposed § 791.115(d) also employer exercises indirect control over would have.'' Id. The Department clarifies that acts which incidentally an intermediary employer's employee believes that proposed § 791.115(d) impact the employee also do not by issuing ''mandatory directions'' to would bring helpful clarity to indicate joint employer status. The 2020 the intermediary employer. On the other businesses as they make decisions that Rule contained the same provision. hand, a potential joint employer's 206 could potentially affect their business A potential joint employer may request, recommendation, or suggestion partners. exercise indirect control by directing an for an employment action, even if intermediary employer to hire or fire an granted, is rarely evidence of indirect on all aspects of proposed § 791.115(d). employee, set an employee's schedule, control because the intermediary or determine an employee's pay, or 5. Consideration of Additional Factors employer has discretion to grant or otherwise effectuating these actions (Proposed § 791.115(e)) refuse the request. In rare through the intermediary employer. circumstances, such as when an Proposed § 791.115(e) explains that Thus, indirect control is control that intermediary employer repeatedly additional factors beyond the four flows from the potential joint employer follows without question a potential through the intermediary employer to joint employer's requests regarding § 791.115(a) may be relevant for the employee. If the potential joint employees, it may be inferred that the determining vertical joint employment. employer directs the intermediary intermediary employer lacks discretion Proposed § 791.115(e) provides that, for employer's exercise of control over the to refuse those requests, and therefore, example, additional indicia of whether employee, indirect control of the indirect control exists. Proposed the potential joint employer exercises employee exists. But agreeing to a mere § 791.115(d) captures this distinction, significant control over the terms and request or recommendation, alone, is and the illustrative examples in conditions of the employee's work in not enough for indirect control, proposed § 791.115(g)(2) and (3) provide addition to the four factors may be although it can be indicative in rare additional guidance. relevant. Proposed § 791.115(e) further provides that indicia of whether the Additionally, proposed § 791.115(d) The Third Circuit articulated this employee is economically dependent on clarifies that acts which incidentally distinction in Enterprise Rent-A-Car, the potential joint employer for work impact the employees of another holding that such recommendations are may also be relevant. Proposed employer do not indicate joint employer not relevant to joint employer status. In § 791.115(e) provides two examples of status. General decisions by a business that case, the parent company lacked additional factors that may be may impact other businesses with the necessary direct control or authority considered. First, if the employee has a whom that business contracts or over a subsidiary's assistant managers continuous or repeated relationship partners (and their employees), and the for joint employer status.The 207 with the potential joint employer in that Department in the 2020 Rule sought to plaintiffs sought to demonstrate joint the potential joint employer clarify that incidental impacts on their employer status on the basis of indirect continuously or repeatedly benefits employees from these decisions do not control by arguing that the parent from the employee's work whether or indicate that the business is a joint company ''functionally held many of not the other employers involved change, that may indicate joint Id. over the putative employees.'' Antenor, 88 F.3d at 208933 n.10. Id. at 470. 20929 CFR 791.2(a)(3)(ii) (2020). Id. at 2835-36. Id. 206210 212683 F.3d at 471. 85 FR 2834-35. Id. at 2835 n.72. 207211 213

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employment. Second, if the employee is not proposing to adopt this provision above, the Department in this proposal works at a location or facility that is from the 2020 Rule. Although limiting recognizes that these FLSA definitions owned or controlled by the potential the consideration of additional factors to should be viewed together and that joint employer that benefits from the those that relate to control is supported none of them should be excluded when employee's work, that may indicate by the Third Circuit, the Department, considering joint employment. 216joint employment. Of course, if there is having considered the issue further for Moreover, the Department, having no continued or repeated relationship purposes of this proposal, recognizes considered the issue further, recognizes and the employee does not work at a that courts, including Bonnette, that some courts consider economic location or facility that is owned or generally do not place such limits on dependence on an employer for work controlled by the potential joint the consideration of additional when determining joint employment employer, those facts would indicate no factors. The Department further under the FLSA, and the Department 217 221joint employment if they are considered. recognizes that the district court in notes that the district court in Scalia Proposed § 791.115(e) cautions, Scalia ruled that the 2020 Rule's ruled that the 2020 Rule's provision however, that any additional factors are provision regarding the consideration of excluding consideration of economic generally less relevant than the four additional factors, in its view, dependence, in its view, ''contradict[ed] ''unlawfully limits the factors the caselaw and the Department's [prior] § 791.115(a), which typically carry Department will consider in the joint views.'' 222greater weight in the analysis than any employer inquiry.'' Accordingly, this 218 Thus, factors assessing economic additional factors. Proposed § 791.115(e) proposal does not limit the dependence on a putative joint adds that if the four factors identified in consideration of additional factors employer for work may be considered as proposed § 791.115(a) unanimously beyond the four factors identified in additional factors where material and indicate joint employment or no joint § 791.115(a) to those that relate to appropriate. However, the Department employment, there is a substantial control, but recognizes that such factors proposes to clarify that economic likelihood that the indicated outcome is are likely to be relevant where the four dependence on work is not the correct, and additional factors are highly factors point to different conclusions. ''ultimate question'' or ''ultimate test'' of unlikely, either individually or Moreover, the Department is not the joint employer analysis, as stated by collectively, to outweigh the combined proposing to exclude from the analysis the Department's current MSPA probative value of those four factors. any factors solely because they may regulation and some courts. This provides application clarity to assess or relate to economic dependence 223 Economic dependence on the employer workers, employers, and the on an employer for work. The 2020 Rule for work is the ultimate inquiry when Department's investigators alike--either excluded consideration of factors determining whether a particular demonstrating joint employer status or relating to the employee's economic worker is an employee or an its absence--that is very likely to dependence on the potential joint independent contractor, but it has broadly align with the wide variety of employer. The Department's 224 219 less relevance in determining whether tests, standards, and analyses applied by exclusion of economic dependence multiple businesses jointly employ the the federal circuit courts. factors from the analysis in the 2020 same economically dependent It is well-settled that factors in multi- Rule was predicated on its effort to factor tests for determining FLSA joint bring analytical clarity by distinguishing employment are not exhaustive and that between the analysis for determining a worker is an employee under the [FLSA],'' but additional factors may be considered worker's status as an employee or not ''determining whether a worker who is an employee where material and appropriate. The under the FLSA and the analysis for under the [FLSA] has a joint employer for his or her 214 work is a different analysis that is based on section 2020 Rule allowed for the consideration determining whether a worker who has 3(d)''). of additional factors, ''but only if they already been determined to be an See Layton, 686 F.3d at 1177-78 (citing 221 employee of an employer has a joint are indicia of whether the potential joint Antenor, 88 F.3d at 932-33); Baystate, 163 F.3d at employer exercises significant control employer. The 2020 Rule advised that 675. But see Salinas, 848 F.3d at 138 (criticizing courts that rely on an economic realities/economic over the terms and conditions of the the analysis to determine a worker's dependence approach to determine joint employee's work.'' status as an employee or not is based on 215 employment because that approach ''reflects a sections 3(e) and 3(g) and assesses failure to distinguish the joint employment inquiry economic dependence, and that the from the separate, employee-independent See, e.g., 85 FR 2836 (''Courts that apply 214 contractor inquiry,'' and adding that Rutherford analysis for determining joint multi-factor balancing tests leave open the Food does not support ''the use of economic possibility of considering other factors.'') (citing employment is based on section 3(d) dependence to guide the entire joint employment cases); Bonnette, 704 F.2d at 1470 (''The ultimate and does not assess economic analysis''). determination must be based 'upon the dependence. However, as explained 490 F. Supp. 3d at 790-91. circumstances of the whole activity.' '') (quoting 220 222 See 29 CFR 500.20(h)(5)(iii); Torres-Lopez, 111 Rutherford Food, 331 U.S. at 730); Zheng, 355 F.3d 223at 71-72 (explaining that a joint employment F.3d at 648; see also Antenor, 88 F.3d at 932-33 sensible to limit the consideration of additional ''determination is to be based on 'the circumstances (asserting that economic dependence is the factors to those that indicate control.'' 85 FR 2836. of the whole activity,' '' and informing the district ''ultimate notion'' and ''dominant factor'' in FLSA Enterprise Rent-A-Car, 683 F.3d at 469-470 court that, on remand, it is ''free to consider any joint employer cases). 216 (stating that its enumerated ''factors do not other factors it deems relevant to its assessment of See Employee or Independent Contractor 224 constitute an exhaustive list of all potentially the economic realities'') (quoting Rutherford Food, Status Under the Fair Labor Standards Act, Family relevant facts'' and that ''other indicia of 'significant 331 U.S. at 730); Torres-Lopez, 111 F.3d at 639 (''A and Medical Leave Act, and Migrant and Seasonal control' '' beyond the enumerated factors may be court should consider all those factors which are Agricultural Worker Protection Act, 91 FR 9932, relevant to determining joint employer status under relevant to the particular situation in evaluating the 9973 (proposed § 795.105(b)) (Feb. 27, 2026). the FLSA) (emphasis in original). economic reality of an alleged joint employment Notably, when the Eleventh Circuit identified See supra fn. 214. relationship under the FLSA.'') (brackets and economic dependence as the ''ultimate notion'' and 217 490 F. Supp. 3d at 790. internal quotation marks omitted) (citing Bonnette, ''dominant factor'' in FLSA joint employment cases 218704 F.2d at 1470). 29 CFR 791.2(c) (2020) (''[T]o determine joint in Antenor, 88 F.3d at 932-33, the court quoted 219 employer status, no factors should be used to assess 29 CFR 791.2(b) (2020). The 2020 Rule stated directly from Usery v. Pilgrim Equipment Co., Inc., 215 economic dependence.''). that, ''[b]ecause evaluating control of the 527 F.2d 1308, 1311 (5th Cir. 1975), a case employment relationship by the potential joint 85 FR 2838; see also id. at 2821 (explaining addressing whether a worker was an employee or 220employer over the employee is the purpose of the that ''[e]conomic dependence is relevant when independent contractor and that did not involving Department's four-factor balancing test, it is applying section 3(g) and determining whether a

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workers. As the Second Circuit factors indicative of economic may and will be considered under one explained, economic dependence dependence are less relevant than the or more of those four factors, or both. factors, particularly ''the workers' four factors identified in proposed Therefore, it is important to note that, investment in the business, and the § 791.115(a), often may not be material unlike some tests that, in practice, allow degree of skill and independent to the analysis or question, and need not for a determination to be made based on initiative'' are ''used primarily to be considered in every case. strong showing of a few of many factors, The Department posits that providing distinguish independent contractors the four factors identified in in the proposed regulatory text two from employees,'' and ''they do not bear § 791.115(a) must be considered in examples of additional factors that may directly on whether workers who are every case, and consideration of be considered--whether the employee already employed by a primary additional factors will depend on the has a continuous or repeated employer are also employed by a second circumstances of the case. See relationship with the potential joint employer. Instead, they help courts Enterprise Rent-A-Car, 683 F.3d at 469 employer and whether the employee determine if particular workers are (advising that the four Bonnette factors works at a location or facility that is independent of all employers.'' ''reflect the facts that will generally be 226For example, particular workers may owned or controlled by the potential most relevant in a joint employment perform unskilled work with little or no joint employer--would both be useful context'' and ''generally serve as the guidance and enjoys broad support personal investment and little or no starting point'' for a vertical joint opportunity for profit or loss; such facts across several circuit courts. As with employment analysis). For these 229might establish that the workers are the four factors proposed for reasons, proposed § 791.115(e) provides economically dependent employees, but consideration in every case, these that the four factors identified in they are of no value in determining additional factors can operate in either § 791.115(a) generally are more relevant whether such workers are jointly direction, i.e., indicating the presence or and carry greater weight in the analysis employed by a particular entity. While absence of a vertical joint employment than any additional factors. And even there are some factors germane to relationship, depending on the facts. where additional factors may appear economic dependence which are ''not Compare Salinas, 848 F.3d at 147 generally relevant to a particular limited to the employee/independent (finding joint employment in part situation, they are highly unlikely to contractor distinction,'' factors because workers for the subcontractor at outweigh the combined probative value 227which are so limited should not be issue ''worked almost exclusively on of those four factors when they considered in the joint employer Commercial jobsites''), with Moreau, unanimously point to one reliable analysis, as explained infra in section 356 F.3d at 948 (finding no joint outcome measured against the wide III.D.6. of this NPRM. employment in part because the variety of judicial tests. These More fundamentally, as the Seventh subcontractor at issue ''did not service provisions would provide useful Circuit (Easterbrook, J.) observed in Air France exclusively, and its guidance on how to apply the factors Remington Hybrid Seed, economic employees would rotate from plane to and help to ensure that any dependence is ''scarcely . . . helpful'' plane and carrier to carrier so as to fill consideration of additional factors does in assessing joint employer disputes on up an entire workday''). not overtake consideration of the four 230its own, as some degree of economic Finally, as explained above, while factors. dependency on the clients or business additional factors may be considered partners of an employer is ''true of all where material and appropriate under on all aspects of proposed § 791.115(e) labor.'' For example, any employee the circumstances, in the Department's and the consideration of additional 228of a subcontractor or franchisee could be experience, additional factors often will factors. characterized as economically not be either material to the question of 6. Factors That Are Not Relevant dependent in some sense on the general joint employment or need to be (Proposed § 791.115(f)) contractor or franchisor affiliated with considered. This is because the four Proposed § 791.115(f) provides that, his or her subcontractor/franchisee factors identified in § 791.115(a) notwithstanding any foregoing employer, but neither courts nor the frequently clearly indicate a particular provisions of the proposed regulatory Department have applied the FLSA to outcome, any relevant additional facts text, the following factors are primarily extend joint employer status to all probative of a worker's status as an general contractors and franchisors. See For example, the Second Circuit considers, 229 employee or independent contractor Zheng, 355 F.3d at 76 (explaining that among other factors, whether the employee uses the and have no relevance in determining potential joint employer's premises and equipment judicial precedent interpreting joint for the work and whether the employee works joint employer status: (1) whether the employer status under the FLSA is exclusively or predominantly for the potential joint employee is in a job that requires ''manifestly not intended to bring employer. See Barfield, 537 F.3d at 143 (citing special skill, initiative, judgment, or normal, strategically-oriented Zheng, 355 F.3d at 72). The Eleventh Circuit foresight; (2) whether the employee has considers whether the potential joint employer contracting schemes within the ambit of owns ''the facilities where the work occurred.'' the opportunity for profit or loss based the [FLSA]''); see also infra section Layton, 686 F.3d at 1176-77. See also Rutherford on his or her managerial skill; and (3) III.F.1. Although the Department is not Food, 331 U.S. at 730 (noting that the employees whether the employee invests in proposing categorically to reject the worked continuously for the slaughterhouse (they did not ''shift as a unit from one slaughter-house equipment or materials required for relevance of economic dependence on to another) and used the slaughterhouse's work or the employment of helpers. the potential joint employer for work as ''premises and equipment'' for the work); but see Although the Department is not it did in the 2020 Rule, additional Layton, 686 F.3d at 1176 (rejecting consideration of proposing to exclude economic the ''permanency and exclusivity of employment''). dependence on an employer for work The Department notes that the 2020 Rule 230See Salinas, 848 F.3d at 137-39 (criticizing 225 included a provision advising that a potential joint from determining joint employer status, courts which ''incorrectly frame the joint employer's ''allowing [an] employer to operate a the Department believes that certain employment inquiry as a question of an employee's business on its premises (including 'store within a 'economic dependence' on a putative joint factors are indisputably probative of store' arrangements)'' did not make joint employer employer''). economic dependence in the context of status more or less likely under the FLSA. 29 CFR Zheng, 355 F.3d at 67. 791.2(d)(5) (2020). As discussed below in section 226Aimable, 20 F.3d at 444. III.F., the Department is not proposing to readopt 227 employee or independent contractor-- 495 F.3d at 407. that provision in this NPRM. 228

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not whether an employee has more than determining joint employer status however, the Department is not

`one employer operating jointly vis a because they relate to economic proposing in this NPRM to exclude vis him or her. The Department is not aware dependence on a putative joint consideration of any factor simply of any basis for stating that, as a matter employer for work, which the 2020 Rule because it assesses economic of reality, skilled workers are more or generally excluded from dependence for work, even though the less likely than unskilled workers to consideration. Although this NPRM number of contractual relationships is 238have a joint employer. Moreover, likewise considers the three factors to be less likely to be probative of joint concepts like opportunity for profit or irrelevant, it does so for different employment. The Department welcomes reasons, as explained above. The 2020 comments on whether consideration of loss, investments, and initiative strike at Rule also provided that whether the the number of contractual relationships, the core of the analysis for determining employee ''is in a specialty job'' was other than with the employer, that the employee or independent contractor irrelevant because that factor assessed potential joint employer has entered status under the FLSA.Indeed, in a 231 economic dependence; the question is into to receive similar services should joint employment case, the First Circuit whether the individual is employed by be expressly excluded or included or in Baystate rejected factors that some one or more employers. To be clear, not addressed in any final rule. courts applied ''for the purpose of 239 however, the Department is not on all aspects of proposed § 791.115(f). including that language from the 2020 'employee' or an ''independent Rule in this NPRM. As explained above, contractor,''' such as the employee's 7. Examples (Proposed § 791.115(g)) the Department's proposed analysis skill and initiative, opportunity for Proposed § 791.115(g) includes five does not exclude consideration of profit or loss, and investments.The 232 examples illustrating and applying the economic dependence on an employer First Circuit explained that the Department's proposed analysis for for work. In addition, the Department ''usefulness of [these factors] is vertical joint employment, generally recognizes that a number of courts significantly limited in this case, tracking the factual scenarios addressed consider whether the employee however, because the employee/ in the examples in § 791.2(g)(3) through performs a specialty job in their joint independent contractor choice is no Each proposed (7) of the 2020 Rule. employment analyses. longer before us.''Similarly, the 242 240233 example provides a hypothetical factual Finally, the Department is not Eleventh Circuit agreed in Layton that situation, explains how the vertical joint proposing to identify as an irrelevant the employee's opportunity for profit employment standard applies, and factor the number of contractual and loss and the degree of skill required concludes whether the persons or relationships, other than with the to perform the job were not relevant entities are joint employers. The employer, that the potential joint when determining joint employment. 234 Department's conclusions following employer has entered into to receive The court explained that such ''factors each example are, like all illustrative similar services. The 2020 Rule only distinguished whether one was an examples, limited to substantially included such a provision, explaining employee or an independent similar factual situations. that the factor assesses economic contractor.''Discussing its prior 235 dependence and is not relevant, like all decision in Aimable, the court further on all aspects of the proposed examples. factors assessing economic explained that ''[b]ecause it had been dependence. As explained above, determined [in that case] that the farm E. Determining Horizontal Joint 241workers were employees of the Employment (Proposed § 791.120)

29 CFR 791.2(c)(1)-(3) (2020); see also 85 FR contractor, there was no need to 2382837-38. evaluate whether hallmarks of an as § 791.120 most of the regulatory text 29 CFR 791.2(c)(1) (2020); see also 85 FR 239independent-contractor relationship regarding horizontal joint employment 2837-38. existed.''Although the Ninth Circuit, See, e.g., Layton, 686 F.3d at 1176 from the 2020 Rule. Specifically, the 236240for example, considers in its joint (considering, among other factors, whether the Department proposes to readopt the employees perform ''a specialty job integral to the employment analysis the three factors regulatory text from § 791.2(e)(2) of the business''); Remington Hybrid Seed, 495 F.3d at 408 identified in proposed § 791.115(f),in 2020 Rule (except for the last sentence) 237(concluding that a corn grower jointly employed line with the First and Eleventh workers hired to provide detasseling and rogueing as § 791.120(a), the last sentence of the Circuits, the Department believes that services in part because ''detasseling is a specialty regulatory text from § 791.2(e)(2) of the job in an agricultural operation''); Zheng, 355 F.3d they should not be considered for the 2020 Rule as § 791.120(b), and the at 72-74 (considering ''the extent to which reasons explained above. examples regarding horizontal joint [workers] performed a discrete line-job that was The 2020 Rule provided that the three integral to [the joint employer's] process of employment from § 791.2(g)(1) and (2) production,'' informed by ''industry custom and of the 2020 Rule as § 791.120(c). The historical practice''); Torres-Lopez, 111 F.3d at 639- § 791.115(f) were not relevant to Department is not proposing to readopt 40 (considering, among other factors, ''whether the the regulatory text from § 791.2(e)(1) of work was a 'specialty job on the production line''') (quoting Rutherford Food, 331 U.S. at 730). The See 91 FR 9973-74 (proposed the 2020 Rule because that provision 231district court in Scalia noted that the 2020 Rule § 795.105(d)(1)(ii)) (describing the worker's merely explained what horizontal joint rejected ''considering 'whether the employee is in opportunity for profit or loss based on his or her employment is and would be repetitive a specialty job' in the joint employer inquiry,'' but exercise of initiative (such as managerial skill or stated that the rejection contradicted Supreme of proposed § 791.110(b). The business acumen or judgment) or management of Court precedent because Rutherford Food ''held his or her investments or capital expenditures as a Department is proposing non- that it was relevant that the workers 'did a specialty core factor in the independent contractor analysis). substantive changes to the regulatory job on the production line.''' 490 F. Supp. 3d at 791 163 F.3d at 675 n.9. text that it adopted in the 2020 Rule, 232(citing 331 U.S. at 730) (emphasis in original). The Id. 233Department additionally notes that consideration of such as changing references to the ''Act'' 686 F.3d at 1176 (citing Aimable, 20 F.3d at whether the work is ''integral'' is a departure from 234 to the ''FLSA'' and changing references 443-44). As noted in fn. 229 above, Layton also the Supreme Court's consideration in Rutherford to ''second'' joint employer scenario and rejected as irrelevant consideration of the Food of whether work was ''part of the integrated ''permanency and exclusivity of employment.'' ''this'' scenario to ''horizontal'' joint unit of production.'' 331 U.S. at 729; see also 91 FR 686 F.3d at 1176 (citing Aimable, 20 F.3d at 9956 (discussing this consideration in the context employer scenario. As noted above, 235443-44). of determining employee or independent contractor

Id. status under the FLSA). 236Torres-Lopez, 111 F.3d at 639-640. 29 CFR 791.2(c)(4) (2020); see also 85 FR 2821. See 29 CFR 791.2(g)(3)-(7) (2020). 237 241 242

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while the Department did not use terms proposed § 791.120 is longstanding and law.'' The Rescission Rule rescinded such as ''vertical'' or ''horizontal'' joint well-settled. For example, the the 2020 Rule in its entirety because it employment in the 2020 Rule, it is in Department's pre-2020 version of 29 would have been ''difficult and this proposal due both to their ubiquity CFR part 791, which was adopted in impractical'' to leave the horizontal and the clarity they provide. 1958 and derived from the 1939 joint employer provision standing Proposed § 791.120(a) describes the Interpretative Bulletin No. 13, explained alone. However, the Department 250circumstances in which there may be that, when one employee performs emphasized that it was not horizontal joint employment, explaining separate work for two or more reconsidering the substance of that how to determine if the employers are employers in the same workweek, the standard and that the ''focus of a joint employers in this scenario and determination of a joint employment horizontal joint employment analysis focusing on the association or lack relationship turns on the association or will continue to be the degree of thereof between the employers. The lack thereof between the two potential association between the potential joint proposed regulatory text explains that, if joint employers. employers, as it was in the [2020] Rule The pre-2020 244the employers are acting independently regulation elaborated on this guidance and the prior version of part 791.'' 251of each other and are disassociated with In 2025, WHD again applied its with three non-exhaustive situations respect to the employment of the historical approach to the horizontal where there would generally be employee, each employer may disregard joint employment scenario, analyzing in sufficient association between the all work performed by the employee for Opinion Letter FLSA2025-5 whether a employers and thus horizontal joint the other employer in determining its restaurant and a members club for 245own responsibilities under the FLSA. The 2020 Rule explained that the pre- whom an employee worked separate The proposed regulatory text further 2020 FLSA regulation provided ''clear hours are sufficiently associated with explains that, if the employers are and useful'' guidance in the horizontal each other with respect to the employee sufficiently associated with respect to joint employment scenario. The 2020 such that they jointly employ the 246the employment of the employee, they Rule added that ''focusing on the employee. Noting that ''[h]orizontal 252are joint employers and must aggregate relationship between the two employers joint employment typically occurs when the hours worked by the employee for is the correct approach'' in this scenario, employers are sufficiently associated each of them for purposes of and that the pre-2020 regulation's determining compliance with the FLSA. ''focus on the relationship between the particular employee(s),'' WHD As in prior versions of part 791, the two employers has been useful to both concluded that there were sufficient proposed regulatory text provides three the public and courts.'' For these facts to demonstrate a horizontal joint- 247situations where the employers will reasons, the 2020 Rule retained the employer relationship between the generally be sufficiently associated: (1) analysis provided in the pre-2020 restaurant and members club. there is an arrangement between them to The Department is not aware of any regulation (with non-substantive share the employee's services; (2) one basis for changing its longstanding revisions) as its standard for employer is acting directly or indirectly approach to horizontal joint determining horizontal joint in the interest of the other employer in employment and accordingly proposes 248relation to the employee; or (3) they The Department's subsequent to readopt the standard from the 2020 share control of the employee, directly Rescission Rule agreed that the 2020 Rule as explained above. The or indirectly, by reason of the fact that Rule's horizontal joint employment Department welcomes comments on all one employer controls, is controlled by, standard ''reflected the Department's aspects of its proposed horizontal joint or is under common control with the historical approach to the issue, and employment standard. other employer. The proposed was consistent with the relevant case F. Relevance of Certain Business regulatory text advises that such a Practices (Proposed § 791.125) determination depends on all of the 29 CFR 791.2(a) (1958). facts and circumstances. 244 Like other agencies enforcing labor or 29 CFR 791.2(b) (1958). Proposed § 791.120(b) explains that 245 antidiscrimination laws, WHD looks 85 FR 2851. 246business relationships between two beyond titles and labels to the particular Id. at 2845; see also 84 FR 14052 (citing A-One 247employers that have little to do with Med. Servs., 346 F.3d at 917-18; Murphy v. facts and practices when administering their employment of specific workers, Heartshare Human Servs. of New York, 254 F. the Act and other statutes for which it Supp. 3d 392, 399-404 (E.D.N.Y. 2017); Li v. A such as sharing a vendor or being is responsible. As such, the Department Perfect Day Franchise, Inc., 281 FRD. 373, 400-01 franchisees of the same franchisor, are proposes to clarify that certain general (N.D. Cal. 2012); Chao v. Barbeque Ventures, LLC, not generally probative, and could not No. 8:06CV676, 2007 WL 5971772, at *6 (D. Neb. common business models and business alone indicate a sufficient association Dec. 12, 2007); WHD Opinion Ltr. FLSA 2005- practices, standing alone, do not 17NA, 2005 WL 6219105 (June 14, 2005) (applying between the employers to establish that categorically or in the abstract make 1958 regulation to determine that separate health they are joint employers. care facilities were joint employers and employees' Proposed § 791.120(c) provides two hours worked for different facilities must be under the FLSA, FMLA, or MSPA. illustrative examples which imitate the aggregated in a workweek to calculate whether Specifically, the Department proposes to overtime pay is due); WHD Opinion Ltr., 1998 WL factual scenarios previously adopted in largely readopt the guidance from the 1147714 (Jul. 13, 1998) (applying 1958 regulation to § 791.2(g)(1) and (2) of the 2020 Rule. Department's 2020 Rule at § 791.2(d)(2)- 243 determine that separate health care entities were Each example provides a hypothetical joint employers and employees' hours worked for (5), with one revision (described below) factual situation and discusses how the different entities must be aggregated in a workweek and one omission: the Department does for purposes of calculating any overtime pay due Department's standard for determining not propose to readopt the guidance that under the FLSA). horizontal joint employment would ''allowing [another] employer to operate 85 FR 2844-45. The district court decision apply and whether or not there is joint 248 that vacated the 2020 Rule's vertical joint employer standard severed the horizontal joint employer The standard for determining standard and did not vacate it. Scalia, 490 F. Supp. 249 Id. 3d at 795-96 (agreeing that the 2020 Rule ''makes horizontal joint employment reflected in 250 Id. only 'non-substantive revisions' to existing law for 251 horizontal joint employer liability'') (quoting 85 FR See https://www.dol.gov/sites/dolgov/files/ 25229 CFR 791.2(g)(1)-(2) (2020). 2844). WHD/opinion-letters/FLSA/FLSA-2025-05.pdf. 243

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on its premises (including 'store within parties, including workers and franchisors or businesses in any similar consumers. business model more or less likely to be store' arrangements)'' does not make joint employers than other types of 1. Franchising, Brand-and-Supply businesses; instead, it is intended to under the FLSA. Notably, the Agreements, and Similar Business provide a general analysis--the Department is proposing to locate Models application of which does not take into guidance about the relevance of certain In § 791.125(a), the Department account franchising or any similar business models and business practices proposes to reaffirm that merely business model. Under the proposed in a standalone section in part 791, operating as a franchisor, entering into rule, whether a franchisor or any similar which would make clear that such a brand and supply agreement, or using business is a joint employer would guidance is applicable in the contexts of a similar business model does not, by depend on application of the factors both horizontal joint employment as itself, make joint employer status more proposed herein to the facts of the well as vertical joint employment while or less likely. The Department notes that business' relationship with the also underscoring that such guidance this proposed guidance is not a employees. This is consistent with the would be independent and severable categorical statement that franchisors approach that courts currently take in from other parts of the rule, including and similar businesses ''can never that they apply their varied economic the analyses proposed to determine joint qualify'' as joint employers; but it realities analyses to the facts before 254employer status in § 791.115 and would make clear that merely operating them, almost always rejecting arguments § 791.120. as a franchisor or pursuing a similar that franchisors are joint employers business model has no categorical In the Department's view, general unless there is sufficient supporting impact--positive or negative--in provisions relating to health, safety or evidence above and beyond the determining whether the business is a legal compliance, quality control franchise relationship that the joint employer. requirements, and common support franchisor is involved in the day-to-day In a franchising relationship, one practices do not establish or indicate the management of the franchisee and its party--the franchisor--grants a license existence of joint employment. The This guidance is also 257 to other parties--franchisees--to use the mere existence of such business consistent with the Department's franchisor's brand name and operational practices does not speak to whether a ''longstanding position that certain model in selling the franchisor's party is ''acting directly or indirectly in business models--such as the franchise products or services. The franchisor the interest of [another] employer in model--do not themselves indicate joint typically ''provides the franchisee with relation to an employee,'' 29 U.S.C. employer status under the FLSA.'' 258 franchising leadership and support and Reaffirming this guidance could 203(d), or ''suffer[ing] or permit[ting]'' exercises some controls to ensure the prevent an overly broad application of work from the employees of another franchisee's adherence to brand the FLSA that would presumptively employer, 29 U.S.C. 203(g). Instead, as guidelines,'' while each franchisee ''is render franchisors and similar entities explained above, joint employer status responsible for the day-to-day as joint employers simply by virtue of turns on '''the circumstances of the management of its independently that characterization, regardless of the whole activity,''' with factors germane owned business and benefits or risks particulars of the relationship between to the wages and working conditions of loss based on [its] own performance and them. At the same time, the Department the employees at issue guiding the capabilities.'' Similarly, in a brand recognized in the 2020 Rule that it inquiry. Bonnette, 704 F.2d at 1469-70. 255 and supply agreement, ''one business would be inappropriate to state that Moreover, promulgating such agrees to sell another business' products guidance in the Code of Federal under that business' brand name and See Orozco, 757 F.3d at 452 (''We do not Regulations would allow parties to 257 comply with certain brand standards suggest that franchisors can never qualify as the maintain certain basic--often best-- and signage requirements,'' though FLSA employer for a franchisee's employees; rather, business practices with greater clarity we hold that [the employee] failed to produce ''without agreeing to limitations or and confidence that such responsible legally sufficient evidence to satisfy the economic requirements for other products or reality test and thus failed to prove that [the behavior will not transform them into a services offered.'' franchisor] was his employer under the FLSA.''); 256joint employer. The Department recognizes that 253 see also Chen v. Domino's Pizza, Inc., No. 09-107 notes that many of these identified franchising and brand-and-supply (JAP), 2009 WL 3379946 (D.N.J. Oct. 16, 2009) business practices--such as basic anti- (holding that a ''conclusory statement'' does not agreements are common and legitimate establish that Domino's Pizza jointly employs the harassment policies, workplace safety business models, and that such employees of its franchisees under the FLSA); Singh measures, providing association health arrangements do not in and of v. 7-Eleven, Inc., No. C-05-04534 (RMW), 2007 WL plans, sponsoring apprenticeship themselves result in joint employment 715488, at *3 (N.D. Cal. Mar. 8, 2007) (franchisor's programs, etc.--are beneficial to all brand standards and business model did not make under the FLSA. In particular, the it a joint employer); Ochoa v. McDonalds Corp., 133 Department emphasizes that its F. Supp. 3d 1228, 1235 (N.D. Cal. 2015) (same); proposed vertical joint employment Gessele v. Jack in the Box, Inc., No. 3:14-CV-1092- The Portal-to-Portal Act of 1947 provides 253 analysis is not intended to make BR, 2016 WL 7223324, at *11 (D. Or. Dec. 13, 2016) parties with a defense against FLSA liability for any (holding that franchisor was not joint employer acts or omissions made in good faith reliance ''on based on facts that the court found were similar to any written administrative regulation, order, ruling, Orozco v. Plackis, 757 F.3d 445, 452 (5th Cir. the facts in Singh); In re Jimmy John's Overtime approval, or interpretation'' issued by the 254 2014); see also Olvera v. Bareburger Grp. LLC, 73 Litig., No. 14 C 5509, 2018 WL 3231273, at *20 Administrator of the Wage and Hour Division. See F. Supp. 3d 201, 208 (S.D.N.Y. 2014) (denying a (N.D. Ill. Jun. 14, 2018) (''Jimmy John's' control over 29 U.S.C. 259; see also 29 CFR 790.13-.19 franchisor's motion to dismiss in an FLSA lawsuit the systems, operations, and dress code at franchise (elaborating on the requirements for a ''good faith where ''plaintiffs . . . have not merely stated, in a stores, as pervasive as it may seem, does not reliance'' defense under the Portal-to-Portal Act). conclusory fashion, that the franchisor defendants amount to joint employment.''). This reliance defense is not available for alleged were joint employers . . . [but] have alleged several FMLA or MSPA violations. Separately, the 85 FR 2823. Moreover, the Department's 258 facts that, if true, would satisfy the 'economic Department's FMLA and MSPA regulations are enforcement practice has been that when the reality' test for establishing employer status''). legislative rules which carry the '''force and effect Department ''investigates a typical franchisee for International Franchise Association, ''What is potential FLSA violations, the Department does not of law.''' Perez v. Mortgage Bankers Ass'n, 575 U.S. 255 a Franchise?'', https://www.franchise.org/ 92, 96 (2015). Congress has afforded the Department seek recovery from the franchisor as a joint franchising-overview/what-is-a-franchise. broad rulemaking authority under the FMLA and employer simply because it has a franchise MSPA. See 29 U.S.C. 2654; 29 U.S.C. 1861. 85 FR 2840. arrangement.'' 84 FR 14047. 256

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there is no business model that could dismissed the relevance of a retailer's word ''general'' rather than ''specific'' in make joint employment more likely. See attempts to monitor its garment the phrase ''requiring the employer to 85 FR 2841. Accordingly, the supplier's ''compliance with labor comply with general legal Department clarified in that rule that laws,'' such as its ability to access the obligations.'' 260''the franchise business model, the supplier's payroll records, because there welcomes feedback on proposed brand and supply business model, and was ''no authority'' to suggest that such § 791.125(b). monitoring ''can or should be used to other similar business models'' do not 3. Quality Control and Brand Reputation find the existence of a joint employment automatically ''make joint employer Standards arrangement.'' 247 F. Supp. 2d 1154, status more likely, while still allowing 1161 (C.D. Cal. 2003). Many other courts for the possibility that business models have similarly dismissed the relevance could be devised that, unlike these in § 791.125(c) regulatory text providing of actions taken to ensure compliance models, would . . . make joint that requiring, monitoring, or enforcing with legal or safety requirements.employer status more likely.'' Id. another business' adherence to quality 259 Courts have recognized there are (emphasis added). control standards--such as compelling policy reasons for specifications relating to the size or on its readoption of this provision from discounting the relevance of contractual scope of the work, quantity and quality the 2020 Rule, including feedback on requirements relating generally to standards, deadlines, morality clauses, other businesses models that health, safety, and legal compliance. In or specifications regarding the use of commenters believe may or may not be Zhao, for example, the court noted that standardized products, services, or indicative of joint employment. holding a retailer's attempts to ensure advertising to maintain brand that its suppliers were complying with standards--do not make joint employer 2. Compliance With Legal Obligations or the law to be evidence of joint employer status more or less likely. Quality Health and Safety Standards status ''would be counterproductive and control measures are focused on the Similar to the 2020 Rule, the would create a disincentive for clothing goods and services themselves by Department proposes in § 791.125(b) designers and manufacturers to monitor determining criteria for an acceptable that contractual provisions addressing contractor shops to ensure compliance work product or service and evaluating and requiring compliance with general with the FLSA.'' 247 F. Supp. 2d at the end work product in light of those legal obligations or health and safety 1161. The Department does not want criteria, as opposed to actions directed standards--and the monitoring of such any perceived possibility of joint toward the day-to-day management of provisions--do not make joint employer employer liability to deter business from the other business' employees. status more or less likely. Examples of taking steps to ensure legal compliance However, if a potential joint employer such provisions include mandating and protect the health and safety of engages in day-to-day supervision of the compliance with the FLSA and similar workers, customers, and other members other business, becoming involved with laws, requiring policies against of the public. employees' firing or disciplinary unlawful harassment, requiring At the same time, not every actions, scheduling, or other conditions background checks, and requiring the contractual provision between of employment, such actions would be establishment of workplace safety businesses necessarily relates to ''legal relevant in assessing joint employer practices and protocols or the provision obligations''--that is, obligations status. of training regarding matters such as imposed by government through law or Courts have drawn this distinction health, safety, or legal compliance. regulation--and the Department wishes repeatedly. In Zheng, the Second Circuit Businesses regularly insist on such to avoid such an overly broad acknowledged that the supervision of provisions with their business partners misinterpretation of its language in employees can be evidence of control to reduce risk and ensure compliance proposed § 791.125(b). Accordingly, the indicative of a joint employment with statutory or regulatory Department has made a small revision relationship, but emphasized that to the language that it previously ''supervision with respect to contractual Courts have held that this type of adopted in the 2020 Rule by using the warranties of quality and time of oversight reflects responsible delivery has no bearing on the joint contracting, not employer-like control. See, e.g., Godlewska v. HDA, 916 F. Supp. 2d employment inquiry, as such 259For example, in Moreau, the Ninth 246, 259-60 (E.D.N.Y. 2013), aff'd sub nom. supervision is perfectly consistent with Circuit held that an airline was not a Godlewska v. Human Dev. Ass'n, 561 F. App'x 108 a typical, legitimate subcontracting joint employer merely because it (2d Cir. 2014) (contrasting ''quality control[ ] . . . to arrangement.'' 355 F.3d at 75. Similarly, ensure compliance with the law or protect clients' insisted that a ground-handling safety'' with ''control over the employee's 'day-to- in Singh, the court rejected the contractor comply with ''various safety day conditions of employment' [that] is relevant to plaintiffs' arguments that requiring a and security regulations, such as the joint employment inquiry''); Zampos v. W & E franchisee location to be open 24 hours ensuring that food equipment was Commc'ns, Inc., 970 F. Supp. 2d 794, 803 (N.D. Ill. a day constituted ''control of employee 2013) (requiring installation contractors to subject properly stowed or that the plane's load applicants to background checks and drug tests work schedules or conditions'' under was adequately balanced,'' which the does not implicate ''hiring and firing'' factor the Bonnette analysis, as the policy was court found to be ''qualitatively because ''this purported control, relating to the ''merely reflective of an inherent different'' than the kind of control safety and security of Comcast customers, is interrelation of operations between the qualitatively different from the control exercised by which might be indicative of joint an employer''); Johnson v. Serenity Transp., Inc., two entities and 7-Eleven's goal of employer status. 356 F.3d at 951. No. 15-CV-02004-JSC, 2017 WL 1365112, at *10 attaining conformity to certain Speaking to the commonality of such (N.D. Cal. Apr. 14, 2017) (''Maintaining records for operational standards and details.'' 2007 practices, the court noted that ''[a]ny purposes of ensuring regulatory compliance or WL 715488, at *4-5. And in Jacobson v. monitoring safety does not constitute maintenance airline . . . concerned about its of employment records to satisfy this Bonnette Comcast Corp., the court concluded that passengers' safety would be remiss to factor.''); cf. Senne v. Kansas City Royals Baseball simply delegate a task to another party Corp., 591 F. Supp. 3d 453, 515 (N.D. Cal. 2022) and not double-check to verify that the (concluding that Major League Baseball jointly Cf. 29 CFR 791.2(d)(3) (2020) (addressing 260 employed minor league baseball players because contractual provisions ''requiring the employer to task was done properly.'' Id. Similarly, comply with specific legal obligations'') (emphasis the facts established that Major League Baseball was in Zhao v. Bebe Stores, Inc., the court added). ''not merely a regulatory body'').

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does not own, that fact can be relevant quality control procedures intended to all of which benefit employees generally. Concerns about incurring provide reliable service to cable in determining that the entity is not a customers such as ''monitor[ing] the joint employer liability should not deter joint employer. See, e.g., Layton, 686 location of technicians,'' ''specif[ying] businesses from providing such F.3d at 1180 (finding the fact that the time at which [technicians] are resources. drivers only ''spent a small part of their In sum, the Department continues to supposed to arrive at appointments,'' days'' in warehouses owned by the believe that the aforementioned and ''regularly evaluat[ing] completed alleged joint employer ''weighs against programs and resources serve practical work to ensure that it meets standards,'' a finding of joint employment''); Wirtz ends for businesses and workers, but do was ''qualitatively different from the v. Dr. Pepper Bottling Co. of Atlanta, not themselves indicate control over control exercised by employers over 374 F.2d 5, 8 (5th Cir. 1967) (concluding employment. Of course, if a potential employees.'' 740 F. Supp. 2d 683, 691- that workers were not jointly employed joint employer took actions such as 92 (D. Md. 2010); see also Mitchell v. by Dr. Pepper in part because the enforcing the terms of a franchise Hertzke, 234 F.2d 183, 190 (10th Cir. workers ''were not employed at all on handbook against a franchisee's 1956) (concluding that ''[contractual] company premises and were not employee, directing an employer's powers . . . limited to determining the allowed to go there''). employee to participate in a joint time and conditions of the planting, the Although the Department recognizes apprenticeship program, or exercising conditions under which the beans were that where the work is performed has control over an employer's employee to be raised, and the time when they been considered probative by some who worked on its premises, those were to be harvested'' was insufficient circuits and may be considered as an actions could indicate joint employer to establish that a vegetable canning additional factor in some cases (see status. company jointly employed the farm proposed § 791.115(e)), the Department workers of its suppliers). is not proposing to include a factor 5. Omission of the 2020 Rule's Guidance 261As these cases illustrate, quality related to the location where the work Regarding a Business That Allows control measures are often integral to is performed for consideration in every Another Employer To Operate on Its modern business. Without evidence case because many courts do not Premises showing that an entity's enforcement of include a location-related factor in their The Department does not propose to such measures is affecting the working joint employer analyses. Moreover, the include a provision advising that conditions of the employees who work location where work is performed may ''allowing [another] employer to operate for one or more other employers, they not be relevant in every case, such as on its premises (including 'store within do not establish or indicate joint cases involving workers in occupations a store' arrangements)'' does not make employer status. This proposed that require work in remote locations or guidance would assist companies in in the homes of third-party consumers. under the FLSA. Several courts have understanding any possibility of joint However, the Department believes that identified an entity's ownership of the employment when considering actions categorically excluding the relevance of premises where work is performed to be to safeguard their brand integrity. a business ''allowing [another] employer a relevant factor in assessing whether to operate on its premises'' from the 4. Other Common Business Practices the entity is a joint employer. See joint employer analysis would conflict Moreau, 356 F.3d at 947 (considering The Department also proposes to with the judicial precedent described ''whether the premises . . . of the readopt in § 791.125(d) regulatory text above. employer are used for the work''); providing that certain common basic Zheng, 355 F.3d at 72 (same); see also business practices--such as providing from commenters on the business Salinas, 848 F.3d at 141 (considering another employer with a sample practices and actions that it has ''[w]hether the work is performed on a employee handbook, offering an proposed as not relevant to the joint premises owned or controlled by one or association health or retirement plan to employer analysis, including more of the putative joint employers, another employer or participating in suggestions of any additional business independently or in connection with such a plan with the employer, or practices or actions that should be one another''). As the Eleventh Circuit jointly participating in an addressed--particularly those that affect explained in Layton, an entity's apprenticeship program with another businesses in all industries, as the ownership of the location where the employer--does not make joint Department intends for the guidance in work at issue is performed could be employer status more or less likely relevant in a joint employer case restored part 791 to be generally under the FLSA.By providing these 262''because a landowner is thought to have applicable. kinds of additional resources to some knowledge of and control over employers, potential joint employers are 6. Examples (Proposed § 791.125(e)) what happens on his land.'' 686 F.3d at giving employers access to a greater 1180; see also Zheng, 355 F.3d at 72 Proposed § 791.125(e) includes three degree of business expertise, training (''[W]hether a putative joint employer's illustrative examples applying the resources, and benefit plans than they premises . . . are used by its putative Department's proposed regulatory text would be able to attain on their own-- joint employees . . . is relevant because regarding certain business models and the shared use of premises . . . may business practices. The proposed See also 85 FR 2843 n.86 (citing cases). support the inference that a putative 261examples imitate the illustrative Proposing to clarify that offering or 262joint employer has functional control examples previously adopted in participating in an association health or retirement over the plaintiffs' work.''); Antenor, 88 § 791.2(g)(8) through (10) of the 2020 plan does not make joint employer status more or F.3d at 937 (''[A] business that owns or less likely under the FLSA would not impact the Rule, but have been modified to make 263interpretation of ''employer'' under the Employee controls the worksite will likely be able Retirement Income Security Act (ERISA) because to prevent labor law violations, even if See 85 FR 2861. The Department has not ERISA defines ''employer'' differently than the 263it delegates hiring and supervisory FLSA. See 29 U.S.C. 1002(5) (defining ''employer'' proposed to readopt the example provided in responsibilities to labor contractors.''). under ERISA to mean ''any person acting . . . in § 791.2(g)(11) of the 2020 Rule because the relation to an employee benefit plan'' and to Department is not proposing to readopt the 2020 Conversely, when work is performed in include ''a group or association of employers acting Rule's guidance regarding the relevance of a locations that an alleged joint employer for an employer in such capacity''). Continued

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effect from 1958 to 2020.the examples, like proposed § 791.125 same analysis that the Department As such, the generally, independent and severable joint employment test in the FMLA applies for determining joint employer from the rest of the rule, including the regulation is inconsistent with the status under the FLSA. In addition, analyses to determine vertical and proposed FLSA analysis in this applying one analysis across the three horizontal joint employment in The Department believes statutes will encourage consistent 268proposed §§ 791.115 and 791.120, that proposing to replace content in 29 results and will provide a simpler respectively. As with the examples CFR 825.106(a) borrowed from an FLSA approach for employers, businesses, and proposed for inclusion in §§ 791.115(g) regulation that no longer exists with a workers in determining their rights and and 791.120(c), the examples provided cross-reference to the new guidance in obligations under the statutes. In the in proposed § 791.125(e) are limited to part 791 would address this concern 2020 rulemaking, the Department substantially similar factual situations. and provide useful guidance when received comments supporting a making the determination under the consistent approach to determining joint on all aspects of these proposed FMLA. employer status across all federal labor In addition, many courts have not examples. laws, including, for example, the limited their FMLA joint employer National Labor Relations Act (NLRA). G. Proposed Revisions to FMLA and 265analysis to the analysis set forth in 29 Although only Congress can achieve MSPA Regulations CFR 825.106(a). For instance, courts that,where a uniform analysis is 266The Department is proposing to revise frequently apply the analysis from the consistent with the statutes, as it would the regulations addressing joint Ninth Circuit's decision in Moreau, be with the FLSA, FMLA, and MSPA employer status under the FMLA and which considered a variety of factors here, the Department believes that MSPA to provide that the same FLSA drawn from FLSA and MSPA cases, regulations adopting a uniform analysis analysis proposed for adoption in part including the Bonnette factors. 356 F.3d would not only be beneficial, but also 791 would also apply when determining at 950-53; see, e.g., Olson v. United consistent with Congressional intent. joint employer status under the FMLA States ex rel. Dep't of Energy, 980 F.3d Failing to make conforming edits to and MSPA. 1334, 1339 (9th Cir. 2020) (approving of the MSPA regulation when Both MSPA and the FMLA statutorily district court's application of Moreau promulgating an FLSA joint employer incorporate FLSA definitions regarding factors to joint employment analysis). regulation would risk confusing the scope of employment. See 29 U.S.C. Notably, the Seventh Circuit concluded agricultural employers, agricultural 1802(5) (providing that the term that the FMLA regulation ''does not . . . associations, and farm labor contractors ''employ'' for the purposes of MSPA has provide much guidance in determining which might be subject to both the the meaning given such term under the parameters of what constitutes a FLSA and MSPA, as well as the section 3(g) of the FLSA); 29 U.S.C. joint-employment relationship'' and agricultural workers that such entities 2611(3) (providing that the terms instead endorsed a holistic analysis engage. Revising the MSPA regulation ''employee'' and ''employ'' for purposes examining whether ''each alleged (29 CFR 500.20(h)(5)) to conform with of the FMLA have the same meanings employer . . . exercise[s] control over the Department's FLSA regulation given such terms in sections 3(e) and (g) the working conditions of the employee would avoid these concerns and provide of the FLSA). . . . depending on the specific facts of 264uniformity between MSPA and the In addition, the Department's MSPA each case.'' Moldenhauer, 536 F.3d at FLSA on this issue. and FMLA regulations recognize that 644; see also Schubert v. Bethesda The FMLA regulation's guidance for the scope of employment under those Health Grp., Inc., 319 F. Supp. 2d 963, determining whether an entity is a joint statutes is determined by the FLSA. For 970-72 (E.D. Mo. 2004) (noting that employer would be similarly unclear example, the MSPA regulations state ''[t]he [FMLA] regulation does not unless the Department makes that ''employ,'' ''employer'', and provide much guidance to assist courts conforming revisions. The regulation ''employee'' are each given the meaning in defining the exact boundaries of a defines ''Employee'' in 29 CFR 825.102 set forth in the FLSA. 29 CFR joint employment relationship'' and as having the same meaning as that term 500.20(h)(1)-(3) (citing 29 U.S.C. 203(d), applying a four-factor Bonnette test). has under the FLSA and notes that the (e), and (g)). The MSPA regulations also The divergent approaches taken by ''definition of employ for purposes of provide that ''[t]he definition of the term courts when evaluating joint employer FMLA is taken from the [FLSA],'' 29 employ includes the joint employment status under the FMLA suggest that-- CFR 825.105(a). However, the FMLA like the Department's pre-2020 FLSA Labor Standards Act.'' 29 CFR joint employer regulation that the regulation from which it borrowed--the 500.20(h)(5). Similarly, the FMLA Department proposes to revise sets forth current FMLA regulation does not regulations note that the definitions of nearly the same test as the FLSA joint provide a sufficiently detailed analysis, ''employ'' and ''employee'' come from employment regulation that was in the FLSA. 29 CFR 825.102, 825.105(a). Specifically, the FMLA regulation provides Both MSPA and the FMLA thus 267See 85 FR 2828. that ''a joint employment relationship generally will 265support applying to those statutes the be considered to exist in situations such as: (1) Courts have explained that the FLSA's 266Where there is an arrangement between employers particular statutory definitions require an analysis to share an employee's services or to interchange for joint employment which is different and business that allows another employer to operate on employees; (2) Where one employer acts directly or generally broader than the common law standard its premises. See supra section III.F.5. indirectly in the interest of the other employer in that applies under statutes like the NLRA. See, e.g., See also Garcia-Celestino v. Ruiz Harvesting, 264relation to the employee; or, (3) Where the Bonnette, 704 F.2d at 1469 (stating that ''the Inc., 843 F.3d 1276, 1287 (11th Cir. 2016) (noting employers are not completely disassociated with definition of 'employer' under the FLSA is not that when Congress enacted MSPA, ''it adopted the respect to the employee's employment and may be limited by the common law concept of 'employer' '' same sweeping statutory 'suffer or permit to work' deemed to share control of the employee, directly and ''is to be given an expansive interpretation''); definition of the term 'employ,' incorporating the or indirectly, because one employer controls, is see also, e.g., Falk, 414 U.S. at 195 (noting the FLSA definition by reference'') (citing 29 U.S.C. controlled by, or is under common control with the ''expansiveness of the [FLSA's] definition of 1802(5)); Mendel v. City of Gibraltar, 727 F.3d 565, other employer.'' Compare 29 CFR 825.106(a) with 'employer' ''). Thus, in the absence of amendatory 569 (6th Cir. 2013) (''To answer the question of 29 CFR 791.2(b) (2019). legislation, the Department cannot adopt for the whether [workers] fall within the scope of the FLSA the standard which the National Labor See infra section V.F.2. (explaining why the FMLA's definition of an 'employee,' we must turn 268Relations Board applies to assess joint employment Department is not proposing to readopt the pre- to the section of the FLSA that addresses this issue.'') (citing 29 U.S.C. 2611(3)). under the NLRA. 2020 FLSA regulation as a regulatory alternative).

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the joint employment analysis, which is at least with respect to cases of potential part of this rulemaking. As a general vertical joint employment. In any event, matter, the Department does not believe not consistent with the regulation because courts regularly consider FLSA it would be advisable to have differing proposed here. And the Department and MSPA cases in evaluating joint multi-factor tests for joint employer proposes removing all of employment under the FMLA, status under laws that share the same § 500.20(h)(5)(iv) except for this modifying the FMLA joint employment statutory definitions for employment. sentence: ''The analysis as to the In sum, the Department's proposed regulation to be consistent with the existence of an employment edits to the FMLA and MSPA FLSA regulation will provide additional relationship is not a strict liability or per regulations are motivated by the fact clarity and consistency across the se determination under which any that the analysis for determining joint statutes. agricultural employer/association would In regard to MSPA, courts regularly employer status should be the same be found to be an employer merely by cite the Department's MSPA regulation under those statutes as it is under the retaining or benefiting from the services and apply the factors set forth at 29 CFR FLSA, as well as the concerns identified of a farm labor contractor.'' These 500.20(h)(5) to make a joint employment herein with the joint employer analyses deletions are necessary to ensure that determination under MSPA (either in those regulations. Workers and the guidance in subparagraph (iv) does alone or in combination with other businesses alike would benefit from the not conflict with the proposed FLSA simplicity and certainty of having a factors). See, e.g., Charles v. Burton, 169 regulation, while retaining the sentence single uniform standard for assessing F.3d 1322, 1328-29 (11th Cir. 1999); that is consistent with the proposed Reyes-Trujillo v. Four Star Greenhouse, joint employer status under all three FLSA regulation and which provides Inc., 513 F. Supp. 3d 761, 791-92 (E.D. laws, distilled from a thorough review guidance specific to MSPA. Paragraph Mich. 2021); Perez v. Valley Garlic, Inc., of the caselaw which has developed (iv) would be renumbered as (iii) given No. 116CV01156AWIEPG, 2017 WL under all three laws. the removal of paragraph (iii). The For the MSPA regulations, the 772147, at *5 (E.D. Cal. Feb. 27, 2017). Department welcomes comments on all Department is proposing to revise 29 This application of the Department's aspects of its proposed revisions to CFR 500.20(h)(5) as follows: the MSPA regulation is certainly § 500.20(h)(5). Department will retain the first three appropriate, as the regulation is a For the FMLA regulations, the sentences of § 500.20(h)(5), but it will legislative rule issued pursuant to an Department is proposing to revise 29 delete the fourth and fifth sentences. express delegation of rulemaking CFR 825.106(a) by retaining the first two This deletion is necessary because the authority that is binding on regulated sentences of that subsection, but ''completely disassociated'' language is entities.However, certain provisions 269deleting the remainder of the drawn from the 1958 version of the of the current MSPA joint employer subsection, including paragraphs (1), FLSA joint employment regulation and regulations are inconsistent with the (2), and (3). The Department then is not fully consistent with the FLSA guidance proposed in this proposes adding a new third sentence to regulation proposed here. The rulemaking, including, inter alia, its § 825.106(a): ''The criteria set forth in Department also proposes adding a identification of economic dependence sentence at the end of this paragraph as the ''ultimate question'' of the joint chapter apply to any determination of that states ''The criteria set forth in employment analysis,and its 270whether a joint employment consideration of ''[t]he extent to which relationship exists.'' This revision chapter apply to any determination of the services rendered by the worker(s) would incorporate into the FMLA whether a joint employment are repetitive, rote tasks requiring skills regulations the analysis for determining relationship exists under MSPA.'' This which are acquired with relatively little joint employer status in part 791. revision would incorporate into the training,''To the extent the test for 271The Department notes that 29 CFR MSPA regulations the analysis for joint employment set forth in the 825.106(c) sets forth the concept of a current MSPA regulation differs in primary and secondary employer, and part 791. Next, the Department proposes meaningful ways from the Department's assigns certain responsibilities to the to retain all of § 500.20(h)(5)(i). This proposed FLSA guidance, the current primary employer, such as providing paragraph is consistent with the MSPA regulation should be updated as FMLA leave and maintenance of health proposed FLSA regulation in this benefits. The regulation provides that NPRM, while providing guidance See 29 U.S.C. 1861. The Supreme Court has 269''[f]actors considered in determining specific to MSPA. The Department advised that legislative rules which carry the ''force which is the primary employer include further proposes to retain the first two and effect of law'' are those which: (1) ''affect[ ] individual rights and obligations''; (2) are ''rooted authority/responsibility to hire and fire, sentences of § 500.20(h)(5)(ii) and delete in a grant of [legislative] power by the Congress''; assign/place the employee, make the remainder of subsection (ii). The and (3) are ''promulgat[ed] . . . [in] conform[ity] payroll, and provide employment portion of subsection (ii) that would be with any procedural requirements imposed by benefits.'' 29 CFR 825.106(c). At this deleted emphasizes the test articulated Congress.'' Chrysler Corp. v. Brown, 441 U.S. 281, 302-03 (1979) (internal quotation marks omitted). in Hodgson v. Griffin & Brand of time, the Department does not propose Similarly, the Department's FMLA regulation is a any changes to 29 CFR 825.106(c), McAllen, Inc., 471 F.2d 235, 237-38 (5th legislative rule issued pursuant to express however, it invites comments on this Cir. 1973), which differs from the rulemaking authority. See 29 U.S.C. 2654. provision. In particular, the Department criteria set forth in this proposal, and Compare 29 CFR 500.20(h)(5)(iii) with section 270III.D.5. and proposed § 791.115(e) (explaining that is interested in whether commenters thus this discussion would be removed economic dependence is not the ''ultimate believe the current test for determining to ensure consistency. The Department question'' of the joint employer analysis, although the primary employer is appropriate in proposes removing all of certain factors indicative of economic dependence light of proposed §§ 791.110 through § 500.20(h)(5)(iii). This paragraph may be considered as additional factors). 791.120 and what changes or references a worker's economic Compare 29 CFR 500.20(h)(5)(iv)(D) with 271section III.D.6. and proposed § 791.115(f) alternatives, if any, commenters may dependence on a particular entity as the (proposing to exclude the performance of unskilled suggest. ''ultimate question'' to be determined in work as irrelevant to a joint employer analysis).

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2020 Rule which provided that any The Department is not proposing to therefore, subject to the requirements of make any changes to 29 CFR the Executive Order and OMB provision of part 791 found to be invalid 825.104(c)(2), which provides that review. Section 3(f) of Executive or unenforceable ''shall be construed so 276separate businesses or entities may be Order 12866 defines a ''significant as to continue to give the maximum considered to be parts of a single regulatory action'' as a regulatory action effect to the provision permitted by law, employer for FMLA purposes if they that is likely to result in a rule that may: unless such holding shall be one of utter satisfy the ''integrated employer'' (1) have an annual effect on the invalidity or unenforceability, in which test. economy of $100 million or more, or event the provision shall be severable 272 adversely affect in a material way a from part 791 and shall not affect the on all aspects of its proposed revisions sector of the economy, productivity, remainder thereof.'' For example, as 273to 29 CFR 825.106(a). competition, jobs, the environment, was the case in the 2020 Rule, the public health or safety, or state, local, or Department's proposed analysis here for H. Proposed Revisions to 29 CFR Part tribal governments or communities (also assessing vertical joint employment 780 referred to as economically significant); would be independent and severable The Department is proposing to revise (2) create serious inconsistency or from its proposed analysis for assessing two references to joint employment in otherwise interfere with an action taken horizontal joint employment. 27429 CFR part 780, which provides or planned by another agency; (3) However, in reaction to concerns guidance regarding the exemptions in materially alter the budgetary impact of identified in the Department's the FLSA applicable to agriculture, entitlements, grants, user fees or loan withdrawal of the 2020 Rule, the processing of agricultural commodities, programs or the rights and obligations of Department has organized the proposed and related subjects. 29 CFR 780.305(c) recipients thereof; or (4) raise novel regulatory text in this NPRM to ensure addresses situations where a farmer may legal or policy issues arising out of legal that each provision would not be be a joint employer with a contractor mandates, the President's priorities, or ''difficult and impractical . . . to remain who supplies ''harvest hands,'' and 29 the principles set forth in the Executive alone'' in the event that other provisions CFR 780.331(d) addresses situations Order. OIRA has determined that this are invalidated, enjoined, or otherwise where a farmer may be a joint employer proposed rule is a significant regulatory not put into effect. 275with a ''crew leader'' who supplies action under section 3(f) of Executive employees. Both regulations provide Order 12866. factors for determining joint Executive Order 13563 directs severability provision at § 791.130. employment that substantially overlap agencies to, among other things, propose IV. Paperwork Reduction Act with the factors in proposed or adopt a regulation only upon a § 791.115(a). Nonetheless, and to ensure reasoned determination that its benefits The Paperwork Reduction Act of 1995 that its regulatory guidance regarding justify its costs; that it is tailored to (PRA), 44 U.S.C. 3501 et seq., and its impose the least burden on society, FLSA joint employment is uniform, the attendant regulations, 5 CFR part 1320, consistent with obtaining the regulatory Department is proposing to revise the require the Department to consider the objectives; and that, in choosing among two references in part 780 so that they agency's need for its information alternative regulatory approaches, the cross-reference part 791. collections, their practical utility, as Specifically, the Department proposes agency has selected those approaches well as the impact of paperwork and to replace the first sentence of 29 CFR that maximize net benefits. Executive other information collection burdens 780.305(c) and the regulatory citation Order 13563 recognizes that some costs imposed on the public, and how to that follows with: ''Whether a farmer and benefits are difficult to quantify and minimize those burdens. The PRA whose crops are harvested by an provides that, when appropriate and typically requires an agency to provide independent contractor is considered to permitted by law, agencies may notice and seek public comments on be a joint employer with the contractor consider and discuss qualitatively any proposed collection of information who supplies the harvest hands shall be values that are difficult or impossible to contained in a proposed rule. See 44 determined by applying the criteria set quantify, including equity, human U.S.C. 3506(c)(2)(B); 5 CFR 1320.8. forth in §§ 791.110 through 791.125 of dignity, fairness, and distributive This NPRM does not contain a this chapter.'' And the Department impacts. collection of information subject to 277 Executive Order 14192, titled proposes to replace the first sentence of OMB approval under the PRA. The ''Unleashing Prosperity Through 29 CFR 780.331(d) and the case citations Department welcomes comments on this Deregulation,'' was issued on January that follow with: ''Whether or not a 31, 2025. This rule, if finalized as labor contractor or crew leader is found V. Preliminary Regulatory Impact proposed, is expected to be an E.O. to be a bona fide independent Analysis (PRIA) Conducted in 14192 deregulatory action, as the contractor, whether the employees of Accordance With Executive Order Department estimates that the recurring the labor contractor or crew leader are 12866, Regulatory Planning and cost savings attributable to the proposed jointly employed by the farmer who is Review, and Executive Order 13563, rule--including reduced compliance using their labor shall be determined by Improving Regulation and Regulatory costs and reduced litigation costs, as applying the criteria set forth in Review, and Executive Order 14192, well as the avoided ''opportunity costs Unleashing Prosperity Through of . . . previously foregone chapter.'' Deregulation activities'' --would exceed one-time 278on all aspects of its proposed revisions Under Executive Order 12866, OMB's to 29 CFR part 780. Office of Information and Regulatory See Regulatory Planning and Review, 58 FR 276Affairs (OIRA) determines whether a 51735, 51741 (Oct. 4, 1993). I. Severability (Proposed § 791.130) regulatory action is significant and, See Improving Regulation and Regulatory 277 Review, 76 FR 3821 (Jan. 21, 2011). OMB Memo M-25-20, ''Guidance as § 791.130 the regulatory text from the 27829 CFR 791.3 (2020). Implementing Section 3 of Executive Order 14192, 273See Scalia, 490 F. Supp. 3d at 795-96. Titled 'Unleashing Prosperity Through 274See supra fn. 139. Deregulation' '' at 11 (Mar. 26, 2025); see also OMB 272275

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or more workers. In such FLSA cases, regulatory familiarization costs. The jointly employed by two or more analysis below outlines the impacts that employers must be counted by all joint the Department has been applying a the Department anticipates may result employers in determining employer vertical joint employment standard from this proposed rule and was coverage and employee eligibility under consistent with the judicial precedent prepared pursuant to the above- the FMLA,though only an that may apply in that case, which 281mentioned executive orders. employee's ''primary employer'' is varies throughout the Federal courts. responsible for giving required notices Meanwhile, the Department's existing A. Introduction to the employee, providing FMLA leave, FMLA and MSPA regulations articulate 1. Background and Need for Rulemaking and maintaining health benefits.In joint employment standards that are 282most instances, job restoration is the An employee may have multiple different from each other and from the primary responsibility of the primary employers. In most cases, each FLSA standard that the Department is employer; a secondary employer may employment will be distinct from the proposing to adopt--an outcome at odds also be responsible in certain others, and each employer will be with the understanding that the circumstances for restoring the standard for determining joint employer employee to the same or equivalent job with the law with respect to the status should align under all three laws, upon return from FMLA leave. employee. In some cases, however, two 283which share the same statutory Joint employment generally arises in or more employers may employ the definitions of employment. Finally, the two contexts, commonly described as employee in a manner that makes them Department believes that regulated ''vertical'' or ''horizontal.'' In ''vertical'' joint employers of the employee such entities would benefit from regulatory joint employment, an employee is that they are together responsible for jointly employed by two or more guidance about certain business models complying with the law with respect to employers that simultaneously benefit and business practices that, standing the employee. from the employee's work. Typically, alone, would not make joint employer This rulemaking proposes to revise the employee works one set of hours the analysis the Department would and there is no dispute that the FLSA, FMLA, or MSPA. apply to determine joint employer status under Fair Labor Standards Act (FLSA), Accordingly, in this rulemaking, the the Family and Medical Leave Act Department is proposing to restore a (FMLA), and the Migrant and Seasonal regulation for determining joint is the employee's joint employer. This Agricultural Worker Protection Act employer status under the FLSA at 29 scenario is described as ''vertical'' (MSPA), which are enforced by the CFR part 791, where it was located prior because it often centers around whether Department's Wage and Hour Division to 2021. Additionally, the Department is business partners which are higher or (WHD). The FMLA and MSPA both proposing to revise the regulations lower in a particular industry incorporate the FLSA's statutory definitions of employment, 279the FMLA and MSPA so that the FLSA suggesting that the same analysis to analysis in part 791 applies when determine whether joint employment employee. By contrast, in ''horizontal'' exists under the FLSA should determine joint employment, an employee works those statutes. whether joint employment exists under the FMLA and MSPA. 2. Summary of the Analysis employers in the same workweek, and Under the FLSA, joint employers are jointly and severally liable for any This preliminary analysis addresses with each other such that they are joint wages, damages, and penalties owed to the potential benefits, costs, cost the employee(s), and an employee's savings, and transfer effects that the total hours worked each week for all Department expects would result if the joint employers is used to determine the proposed rule were adopted in a future employee's entitlement to overtime pay. final rule. Consistent with its approach Similarly, under MSPA, each joint in other rulemakings, the Department employer must ensure that the has prepared an estimate of regulatory employee. employee receives all applicable familiarization costs, all of which would As explained more fully in section II, employment-related rights granted by occur within the first year of the rule's the Department believes that rulemaking MSPA, such as accurate and timely implementation. Due to data limitations is necessary to restore clarity and disclosure of the terms and conditions and inherent uncertainty over whether consistency regarding joint employer of employment, written payroll records, and how different parties such as and payment of wages when due. 280MSPA. The Department has not businesses, workers, and courts might Under the FMLA, employees who are maintained regulatory guidance respond to this rulemaking, the addressing FLSA joint employment Department's preliminary analysis of Circular A-4 at 37 (Sept. 17, 2003), https://since July 2021, when it rescinded its other potential effects attributable to the www.whitehouse.gov/wp-content/uploads/2025/08/ earlier FLSA joint employer regulation. proposed rule (including potential CircularA-4.pdf. The absence of such guidance has See 29 U.S.C. 1802(5) (providing that the term benefits and cost savings) is qualitative. 279created uncertainty for businesses, ''employ'' for the purposes of MSPA has the However, the Department believes that meaning given such term under section 3(g) of the workers, and courts, particularly in the unquantified benefits and cost FLSA); 29 U.S.C. 2611(3) (providing that the terms ''vertical'' scenarios where multiple savings of this rulemaking (including ''employee'' and ''employ'' for purposes of the entities are simultaneously benefiting FMLA have the same meaning that such terms are cost savings attributable to reduced from the same work performed by one given under the FLSA). compliance costs and reduced litigation 280costs) would significantly outweigh See 29 CFR 825.106(d). initial familiarization costs, particularly 281282See 29 CFR 825.106(e). 283

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since benefits and cost savings would be Assuming for the sake of analysis that relationships. perpetual. initial regulatory familiarization costs requests comments, studies, and data on The Department estimates that a could be spread out over a 10-year the prevalence of joint employment, future final rule would result in initial period, the Department estimates that how this proposed rule might affect the undiscounted regulatory familiarization the proposed rule would have an businesses and workers involved in costs ranging between $425.17 million annualized cost ranging from $42.52 such relationships, and how to quantify (a lower bound estimate) and $544.53 million to $54.45 million at a discount those impacts, if such quantification is million (an upper bound estimate). rate of 7 percent in 2024 dollars. possible. The Department also requests Because the proposed rule would not As the Department has noted in its comments and data on any additional impose any new requirements on earlier rulemakings on this topic, the potential benefits, costs, cost savings, regulated entities, the Department does Department does not currently have and transfer effects of this proposed not expect that this rulemaking would data on the number of businesses that rule. result in any other meaningful costs. are or might be in joint employment

1--E M C P R XHIBIT STIMATED ONETIZED OSTS OF THE ROPOSED ULE

[2024 $millions] Net costs Net costs (upper bound) (lower bound)

EUndiscounted 10-Year Total .................................................................................................................................... $544.53 $425.17

10-Year Present Value with a discount rate of 3% ................................................................................................. 560.86 437.92

10-Year Present Value with a discount rate of 7% ................................................................................................. 582.64 454.93

10-Year Average ...................................................................................................................................................... 54.45 42.52

Annualized at a discount rate of 3% ....................................................................................................................... 56.09 43.79

Annualized at a discount rate of 7% ....................................................................................................................... 58.26 45.49

establishments owned by the business, proposed rule than others. Additionally, B. Potential Costs the Department estimates 90,888 state while more decentralized businesses 1. Rule Familiarization and local governments (2022 Census of might assign a separate specialist to the Adopting new regulations and Governments) might incur task in each of their establishments. To revising existing regulations interpreting familiarization costs. avoid underestimating these costs, the 287joint employer status would impose a Department uses both the number of The Department believes that even one-time regulatory familiarization cost establishments and the number of firms entities that do not currently have on private businesses and state and to estimate a potential range for workers with one or more joint local government entities. To estimate regulatory familiarization costs. The employers will incur regulatory these regulatory familiarization costs, lower bound of the range is calculated familiarization costs, because they will the Department determined: (1) the assuming that one specialist per firm need to confirm whether the new and number of potentially affected entities; will review the regulation, and the revised regulations include any (2) the average hourly compensation of upper bound of the range assumes one provisions that may affect them or their the employees reviewing the regulation; specialist per establishment. and (3) the amount of time required to The most recent data on private sector review the regulations. ii. Hourly Compensation Rates entities at the time this proposed rule i. Number of Potentially Affected was drafted are from the 2022 Statistics The Department used the hourly Entities of U.S. Businesses (SUSB), which compensation rate presented in Exhibit reports 6.5 million private firms and 8.3 2 to estimate the rule familiarization It is uncertain whether private entities million private establishments with costs below in the Subject-by-Subject will incur regulatory familiarization paid employees. Included in these Analysis. BLS's OEWS data show that costs at the firm or the establishment 286estimates are many businesses such as the mean hourly wage for a level. For example, in smaller businesses there might be just one restaurants (797,836 establishments), Compensation, Benefits, and Job specialist reviewing the regulations. hotels (56,920 establishments), and Analysis Specialists (SOC code 13- Larger businesses might review the construction companies (860,651 1141) is $39.86. The Department used 288regulations at corporate headquarters establishments), each within industry a 46-percent benefits rate and a 17- 289and determine policy for all sectors that may be more affected by this percent overhead rate: 290

See 84 FR 68767 (explaining in a 2019 final SUSB Annual Data Tables by Establishment Results [Benefits rate based on compensation rates 284rule addressing the calculation of overtime pay that Industry. for civilian workers]. ''[unquantified] cost savings will outweigh 2022 Census of Governments--Organization. Cody Rice, U.S. Environmental Protection 287 290[quantified] regulatory familiarization costs . . . Agency, ''Wage Rates for Economic Analyses of the BLS, Occupational Employment and Wage [because] the potential cost savings . . . will 288 Toxics Release Inventory Program,'' June 10, 2002, Statistics, SOC Code 13-1141, May 2024, https://continue into the future, saving employers valuable https://www.regulations.gov/document/EPA-HQ- data.bls.gov/oes/#/industry/000000. time and resources''). OPPT-2014-0650-0005. BLS, Employer Costs for Employee See 85 FR 2854; see also 86 FR 40955. 289285 Compensation--September 2025, Employer Costs Statistics of U.S. Businesses 2022, https://286www.census.gov/programs-surveys/susb.html, 2022 for Employee Compensation Summary--2025 Q02

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[2024 dollars] Base hourly Loaded wage Hourly Position Overhead cost wage rate factor compensation rate (a) (b) (c) (a + b + c )

Compensation, Benefits, and Job Analysis Specialist ............ $39.86 $18.34 $6.78 $64.97 ($39.86 × 0.46) ($39.86 × 0.17)

establishments may rely on status in 1958 and its first such iii. Time To Review Departmental or third-party summaries regulations under MSPA and the FMLA The Department judges 1 hour per of the rule or spend little or no time decades ago, both of which borrowed entity, on average, to be an appropriate from the Department's then-existing reviewing the rule. Moreover, the review time for the proposed rule. The relevant statutory definitions have been FLSA regulation. Therefore, the Department believes that an hour, on in the FLSA since its enactment in 1938. Department expects that the standards average, is appropriate, because while The Department has recognized the applied by this proposed rule should be some firms and establishments at least partially familiar to the concept of joint employer status under primarily impacted by the proposed rule the FLSA since at least 1939, and the specialists tasked with reviewing it. The would spend longer than one hour to Department issued its first FLSA Department invites feedback from review a rule, numerous other regulation interpreting joint employer commenters on this determination.

1--T , C TABLE ROTAL FEGULATORY EAMILIARIZATION COSTS RALCULATION BY NUMBER OF FIRMS AND ESTABLISHMENTS

[$1000s] By firm By establishment NAICS sector Firms Cost Establishments Cost a a

Agriculture, Forestry, Fishing and Hunting .................................................... 22,599 1,468 23,332 1,516

Mining, Quarrying, and Oil/Gas Extraction .................................................... 17,341 1,127 23,180 1,506

Utilities ........................................................................................................... 6,772 440 20,425 1,327

Construction ................................................................................................... 782,487 50,838 800,651 52,018

Manufacturing ................................................................................................ 239,265 15,545 285,500 18,549

Wholesale Trade ............................................................................................ 277,932 18,057 388,706 25,254

Retail Trade ................................................................................................... 645,404 441,932 1,045,890 67,951

Transportation and Warehousing .................................................................. 237,527 15,432 294,354 19,124

Information ..................................................................................................... 89,332 25,804 160,946 10,457

Finance and Insurance .................................................................................. 244,536 15,888 480,546 31,221

Real Estate and Rental and Leasing ............................................................ 366,557 23,815 466,656 30,319

Professional, Scientific, and Technical Serv ................................................. 872,305 56,674 974,303 63,300

Management of Companies and Enterprises ................................................ 25,413 1,651 51,218 3,328

Administrative and Support Services ............................................................. 376,192 23,077 450,481 27,408

Educational Services ..................................................................................... 103,287 6,711 114,806 7,459

Health Care and Social Assistance ............................................................... 693,801 45,076 976,418 63,438

Arts, Entertainment, and Recreation ............................................................. 148,290 9,634 162,960 10,588

Accommodation and Food Services .............................................................. 574,723 37,340 771,856 50,147

Other Services (except Public Admin.) .......................................................... 729,236 47,378 797,836 51,835

State and Local Governments ....................................................................... 90,888 5,905 90,888 5,905

All Industries ........................................................................................... 6,543,887 415,524 8,380,952 539,158

Average annualized costs, 7 percent discount rate Over 10 years $44,461 $57,690 Average annualized costs, 3 percent discount rate Over 10 years $42,799 $55,533 Each firm or establishment is expected to allocate 30 minutes of Compensation, Benefits, and Job Analysis Specialists' (SOC 13-1141) time afor regulatory familiarization. The mean hourly rate for this occupation is $39.86 based on BLS's May 2024 Occupational Employment Statistics, and the wage load factor is 1.63 (0.46 for benefits and 0.17 for overhead). Therefore, the per-entity cost is $64.97. Source for number of firms and establishments in each NAICS sector: Statistics of U.S. Businesses 2022, https://www.census.gov/programs- surveys/susb.html, 2022 SUSB Annual Data Tables by Establishment Industry; 2022 Census of Governments, 2022 Census of Governments, Or-ganization Tables.

The Department estimates that the upper bound would be $544.53 million. million), while the Professional, undiscounted lower bound of regulatory Additionally, the Department estimates Scientific and Technical Services familiarization cost range would be that the Retail Trade industry would industry would have the highest lower $425.17 million, and the undiscounted have the highest upper bound ($67.95 bound ($56.67 million). The Department

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staffing agencies, and staffing agency estimates that all regulatory the standard for determining joint familiarization costs would occur in clients. For example, some entities may Year 1. and MSPA, the proposed rule would be paying outside law firms or in-house Additionally, the Department assist entities that might be hesitant to attorneys to research and interpret the estimates average annualized costs of enter into certain relationships or law governing possible FLSA joint this proposed rule over 10 years and in engage in certain kinds of business employer liability and advise whether perpetuity. Over 10 years, this proposed practices out of concerns that they may particular business practices could rule would have an average annual cost be liable as a joint employer. For increase that possibility. Relatedly, of $45.49 million to $58.26 million, example, entities could rely on the FLSA-covered businesses which are also calculated at a 7 percent discount rate guidance in proposed § 791.125 to more subject to the FMLA and/or MSPA may ($43.79 million to $56.09 million confidently engage in various beneficial be incurring compliance costs to calculated at a 3 percent discount rate). business practices, such as: using or ascertain whether and to what extent establishing an association health plan the standard for joint employment may 2. Other Potential Costs or association retirement plan with differ between the FLSA, FMLA, and/or The Department considered whether other businesses; providing a sample MSPA. By establishing a uniform joint this proposed rule would generate employee handbook, or other forms, to employer standard for the Department additional compliance costs beyond another business; jointly participating to apply in its enforcement under all one-time regulatory familiarization. For with another business in an three statutes, this rulemaking could example, the Department assumes that apprenticeship program; or negotiating reduce such compliance costs. some firms may choose to adjust their certain contractual provisions with The Department lacks data on the business practices in response to a other businesses, such as requiring compliance costs that businesses clearer joint employer analysis workplace safety practices, anti- presently incur to understand joint (including guidance regarding specific harassment policies, or other measures employer liability under the FLSA, business practices and models which do intended to encourage compliance with FMLA, and MSPA, and is uncertain of the law or to promote other desired the extent to which the proposed rule less likely). Specifically, firms may be business practices. Notably, many of would reduce such costs. The more willing to invest in partnerships these business practices would be Department invites feedback on this that enhance operational efficiency, and beneficial for workers and consumers as issue. making the necessary business well as businesses. 2. Reduced Litigation Costs adjustments to facilitate such Beyond the specific practices partnerships would have costs. identified in proposed § 791.125, the Added clarity may reduce litigation However, it is difficult to quantify these Department expects that clarifying the regarding joint employer status arising effects in monetary terms, as the standard for determining joint under the FLSA, FMLA, and MSPA, Department currently lacks data on the employment as a general matter would including litigation between multiple number of businesses that might be encourage innovation and economic parties regarding the allocation of affected by this rulemaking, the specific growth, as businesses would be more liabilities and monetary damages. The costs of transitioning to different willing to invest in partnerships that proposed rule may also reduce the cost business models and business practices, enhance operational efficiency. of such litigation, to the extent that the and the extent to which this rulemaking However, it is difficult to quantify these rulemaking promotes uniformity in the would drive adoption of new business effects in monetary terms, as the joint employer tests applied by courts or models or business practices. The Department currently lacks data on the reduces disputes between litigants over Department welcomes feedback from number of businesses that might be the applicable criteria to determine joint commenters that may assist in affected by this rulemaking, the degree employer status. Finally, entities which quantifying this expected effect, to which such businesses are presently might better understand as a result of a including relevant data, research, or foregoing certain business models or clearer standard that they are joint anecdotal evidence. business practices due to the possibility employers might be more likely to avoid of joint employer liability, the specific violations of the FLSA, FMLA, and C. Potential Benefits and Cost Savings opportunity costs of such foregone MSPA, reducing the likelihood of This proposed rule is intended to business models and business practices, disputes under those laws. promote clarity and uniformity in the and the extent to which this rulemaking Department's application of joint would reduce or eliminate these from commenters regarding how this employer standards in its enforcement undesirable outcomes. The Department effect might be quantified. under the FLSA, FMLA, MSPA. To the welcomes feedback from commenters 3. Increased Prevalence of Beneficial extent that the proposed rule achieves that may assist in quantifying this Business Practices those goals, the Department anticipates expected effect, including relevant data, that the proposed rule would have research, or anecdotal evidence. Though not specific to joint employer various benefits and cost savings, which liability, there is a wide body of 4. Improved Enforcement of Wage and are discussed qualitatively below. scholarship emphasizing that legal Hour Laws uncertainty can deter investment, 1. Reduced Compliance Costs The proposed rule would enhance the innovation, and other beneficial The Department anticipates that the Department's ability to enforce economic activity. Here, by clarifying 291proposed rule would reduce the time compliance with the FLSA, FMLA, and and money spent by some organizations See Avinash Dixit and Robert Pindyck, to determine whether they are joint 291Investment Under Uncertainty, at 9 (1994), https:// or http://dx.doi.org/10.2139/ssrn.4967369; Lee, employers--particularly businesses in msuweb.montclair.edu/∼lebelp/DixitPindyck1994. Jiwon and Schoenherr, David and Starmans, Jan, potential vertical joint employment pdf (''Reduction or elimination of unnecessary The Economics of Legal Uncertainty (Jan. 14, 2026) relationships such as farms, farm labor uncertainty may be the best kind of public policy https://ssrn.com/abstract=4276837; Marcus, Alfred to stimulate investment.''); see also, e.g., Ryu, Dean, A., Policy Uncertainty and Technological contractors, franchisors, franchisees, Innovation (1981), https://doi.org/10.5465/ The Pricing and Economic Impact of Legal Risk general contractors, subcontractors, (Sept. 25, 2024), https://ssrn.com/abstract=4967369 amr.1981.4285783.

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MSPA by having a clear and uniform 2021, it expressed agreement with D. Potential Transfers standard for determining joint commenter concerns that its earlier Transfer payments are monetary employment. A clear, consistent 2020 Rule would have harmed workers payments from one group to another standard to apply during enforcement by ''ma[king] it more difficult to collect that do not affect total resources allows investigators to utilize a uniform back wages owed'' and ''incentiviz[ing] available to society (or, if resources are analysis across various cases, companies to expand their use of affected, it is through incentive effects conserving the Department's temporary staffing agencies, contractors, uncaptured without more extensive enforcement resources and leading to and subcontractors rather than analysis). Consistent with this 293more consistent outcomes. Also, having employing workers directly.'' The definition, the Department has 297clearer regulatory guidance and Department believes that such concerns historically characterized expected wage improved enforcement capabilities are largely inapplicable to this effects (or ''labor cost'' effects) as would likely result in faster resolutions rulemaking, which would provide an transfer payments, whether from to disputes, which in turn could benefit analysis resulting in a broader scope of businesses to workers, or from workers employees in obtaining faster relief for vertical joint employment than the 2020 to businesses, or between subsets of wage theft or other employment Rule that is similar to the analysis affected workers. In this rulemaking, 294violations. applied by many courts. The the Department does not expect that 298 intended outcome of this rulemaking is there would be significant transfer 5. Improved Worker Awareness of to clarify the standard for determining effects as a consequence of the proposed Available Rights and Remedies joint employer status under the FLSA rule, although some workers in By reaffirming that the FLSA, FMLA, based on Supreme Court precedent, vertically-tiered industries may, in some and MSPA contemplate the possibility seminal appellate court caselaw, and the cases, have more or less difficulty of joint employment and providing a Department's early guidance. collecting their owed wages. More uniform standard to determine when it generally, there is a correlation between However, the Department exists, the proposed rule would help the benefits and cost savings discussed acknowledges that the analysis for workers to better understand their rights above and the potential transfer effects vertical joint employment in proposed and available remedies. For example, discussed in this section. § 791.115 may not result in as broad a proposed § 791.110(b) clarifies that, As an initial matter, nothing in the scope of vertical joint employment as proposed rule would reduce the wages when an employee works separate hours the analysis applied by some courts or owed to employees under the FLSA or for two (or more) joint employers in the the analysis provided in the MSPA. Although the presence or same workweek, the employee's total Department's current MSPA regulation absence of joint employment can affect hours worked across the workweek for at 29 CFR 500.20(h)(5). For example, 299 the amount of overtime pay due to each of the employers must be unlike the current MSPA regulation, the employees who work separate sets of aggregated for purposes of FLSA proposed analysis does not consider hours for multiple employers in the compliance. Guidance to this effect ''[t]he extent to which the services same workweek, § 791.120 of the existed in the Department's regulations 295 rendered by the worker(s) are repetitive, proposed rule reflects the Department's prior to 2021, but because the rote tasks requiring skills which are 292 current and longstanding approach for Department rescinded the entirety of its acquired with relatively little training'' FLSA joint employer regulation in 2021, as a relevant factor in determining this ''horizontal'' scenario. Thus, if some workers in a horizontal joint 296 whether a particular worker is jointly the proposed rule were adopted, there employment scenario (such as the one employed. Thus, under the proposed 300 would be no change in the Department's addressed in WHD Opinion Letter analysis, the Department might be aggregation of workers' hours to FLSA2025-5) might not be aware of slightly less likely to find that determine overtime hours worked. their entitlement to overtime pay farmworkers engaged in repetitive tasks With respect to ''vertical'' joint resulting from aggregated hours worked are jointly employed for MSPA employment scenarios (where an across employers. And even if such purposes as compared to a baseline employee's work simultaneously workers are aware that joint scenario where the Department benefits two or more joint employers), employment is a possibility, the absence continues applying its current MSPA the Department acknowledges that, in of any regulatory guidance may deter or regulation, although they certainly delay the worker from asserting their could be jointly employed under the rights or filing a complaint with the OMB Circular A-4 at 38. proposed analysis in light of the other 293 See, e.g., 84 FR 51269-79 (estimating Department--steps which may be cost 294 considerations entailed. The ''transfers from employers to employees'' prohibitive for workers without the Department notes that, despite some attributable to increases in earnings thresholds time, resources, or knowledge to required to exempt certain salaried workers from differences, the proposed rule's analysis perform their own legal research. the FLSA's wage and hour requirements); 83 FR for vertical joint employment considers 48539-40 (Sept. 26, 2018) (estimating ''potential Restoring regulatory language that many of the same factors as the current transfers from employees to employers when affirms the concept of joint employment employers no longer have to pay [a certain] and its FLSA consequences would minimum wage''). 86 FR 40950, 40952; see also Scalia, 490 F. benefit such workers. Relatedly, by In the horizontal scenario, the employee's 297 295 Supp. 3d at 793-95 (partially invalidating the 2020 separate sets of hours are aggregated so that both providing a clear and uniform standard Rule in part because it failed to ''adequately employers are jointly and severally liable for the to determine when joint employment consider [its] cost to workers''). total hours the employee works in the workweek. exists under the FLSA, FMLA, and See infra, section V.F.1. (evaluating the 2020 As such, a finding of joint employment in this 298 Rule as a regulatory alternative to the analysis MSPA, the proposed rule would better situation can result in some hours qualifying for an proposed here). overtime premium. For example, if the employee position workers who are jointly works 40 hours for employer A in a workweek and See infra, section V.F.3. (evaluating the 299employed to assert their rights and, if 10 hours for employer B in the same workweek, and current MSPA regulation as a regulatory alternative necessary, seek redress from all parties those employers are found to be joint employers, A to the analysis proposed here). who are liable as their employers. and B are jointly and severally liable to the Compare 29 CFR 500.20(h)(5)(iv)(D) with 300 employee for 50 hours worked--which includes 10 supra section III.D.6. (explaining the identification overtime hours. of worker skill as an irrelevant factor for joint See 29 CFR 791.2(a) (2019). See supra section III.E. employment in proposed § 791.115(f)). 292 296

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MSPA regulation and expects that proposed rule, addressed below in business models and business practices the two standards would reach the same ascending order of stringency (i.e., from which do not make joint employer outcome in most cases. the narrowest to the broadest scope of status more or less likely. However, 309Because the proposed rule's analysis joint employment): (1) readopting the there are also several important 305might narrow the scope of vertical joint joint employer analysis from the differences. For example, unlike the employment for some workers (i.e., Department's 2020 Rule; (2) readopting analysis proposed in this rulemaking, farmworkers subject to MSPA or the joint employer analysis from the the 2020 Rule: (1) rejected the relevance workers in jurisdictions where courts Department's pre-2020 FLSA regulation; of the term ''employ'' in section 3(g) of might apply a broader FLSA or FMLA or (3) adopting a joint employer analysis the FLSA; (2) rejected the relevance 310analysis), it could reduce, in some cases, identical to the guidance provided in of ''economic dependence'' and related the number of persons who are Administrator's Interpretation No. factors; (3) advised that an individual 311responsible for ensuring that employee 2016-1. Consistent with the approach or entity ''must actually exercise'' one or rights under those statutes are fulfilled, taken in this rulemaking, the more of the four enumerated factors to including the payment of owed wages. be a vertical joint employer; and (4) Department assumed for each of the 312This, in turn, may, for example, reduce advised that ''allowing [an] employer to alternatives that the same joint the amount of wages that some operate a business on [another employer analysis adopted for FLSA employees collect under the FLSA and company's] premises . . . does not purposes would also apply to determine MSPA if their employer is unwilling or joint employer status under the FMLA unable to comply with the law, such as likely under the [FLSA].'' and MSPA, consistent with statutory 313where an employer is or becomes The Department considers this language for all three laws. insolvent. However, in light of the alternative to be less stringent than the The analysis of each regulatory proposed analysis' similarity to the analysis in this proposed rule because alternative is qualitative due to the same analysis applied by many courts, the the four differences described above uncertainties and data limitations which 302 (and others) would narrow the magnitude of this effect is unlikely to be necessitate a largely qualitative circumstances under which an entity significant. preliminary analysis of the proposed A transfer flowing instead from could be found to be a vertical joint rule. However, the Department employers to workers (though different employer. Thus, applying this standard welcomes feedback on these regulatory employers and workers than the ones uniformly across the FLSA, FMLA, and alternatives, including any evidence or experiencing the just-noted effect MSPA may reduce compliance data that might be helpful in quantifying associated with the concept of vertical obligations and expected liability potential effects, and invites suggestions joint employment) might also occur, to exposure for some businesses operating for any other regulatory alternatives that through subcontracting, staffing, or the extent that the proposed rule commenters believe would be feasible franchising arrangements, while also improves the Department's ability to and appropriate. reducing the ability of some employees bring enforcement actions or raises 1. Readopting the Joint Employer to collect wages owed to them under the employee awareness about the Analysis From the Department's 2020 FLSA or MSPA, to the extent that the possibility of joint employment, as Rule employee's other employer (such as a discussed above. staffing agency, subcontractor, or Under this alternative, the on this preliminary analysis of potential franchisee) is unable or unwilling to Department would readopt the FLSA pay. transfer effects and invites data or analysis from the Joint Employer Rule 314 The Department does not prefer this evidence from commenters that might published in January 2020 and alternative. As noted earlier, the 2020 help the Department to quantify any rescinded in July 2021 and also apply Rule was partially invalidated in wage transfers attributable to this that analysis to determine joint September 2020 by the U.S. District employment under the FMLA and Court for the Southern District of New MSPA. There are many similarities E. Regulatory Alternatives York, which concluded that the rule between the 2020 Rule's joint employer When proposing a significant provided a novel standard for vertical analysis and the analysis proposed in regulatory action, Executive Order joint employment that was this rulemaking, such as how the 2020 12866 requires agencies to conduct Rule distinguished between horizontal ''[a]n assessment, including the and vertical joint employment; independent contractor . . . [which] are not 306underlying analysis, of costs and relevant for determining whether additional maintained the Department's persons are jointly liable under the [FLSA]''). benefits of potentially effective and longstanding analysis for horizontal Compare section III.F. supra and proposed reasonably feasible alternatives to the 309 joint employment; clarified the § 791.125 with 85 FR 2839-44. 307planned regulation.'' Here, in distinction between joint employer 303 The 2020 Rule advised that a ''person [who] 310addition to ''the alternative of not status and independent contractor simultaneously benefits'' from the work of another regulating,'' the Department employer's employee is a joint employer ''only if status; and identified certain 304 308 that person is acting directly or indirectly in the considered three alternatives to the interest of the employer in relation to the employee,'' on the grounds ''that section 3(d)--not OMB guidance advises that, where possible, 305 sections 3(e) or 3(g)--is the statutory basis for Compare, e.g., 29 CFR 500.20(h)(5)(iv)(A), (B) agencies should analyze at least one ''more 301 determining joint employer status under the & (G) with proposed § 791.115(a). stringent option'' and one ''less stringent option'' to [FLSA].'' 85 FR 2828 (emphasis added). the proposed approach. OMB Circular A-4 at 16. See supra, section III.D.1. (explaining that ''the 302 See 29 CFR 791.2(c) (2020) (advising that Department's proposed multi-factor balancing test Compare section III.C. supra and proposed 311 306 ''[w]hether [an] employee is economically is like the tests applied by many courts'' and ''is § 791.110 with 85 FR 2825 (discussing ''Two Joint dependent on the potential joint employer is not by far the closest thing to a common denominator Employer Scenarios''). relevant for determining the potential joint applied by courts when determining FLSA vertical Compare section III.E. supra and proposed 307 employer's liability under the [FLSA]'' and that ''no joint employment''). § 791.120 with 85 FR 2844-45 (discussing ''non- factors should be used to assess economic Exec. Order No. 12866 § 6(a)(3)(C)(iii), 58 FR substantive revisions'' to the Department's pre-2020 303 dependence''). 51741. guidance on horizontal joint employment). Exec. Order No. 12866 § 1, 58 FR 51735. Compare section III.D.6. supra and proposed 312304 308 29 CFR 791.2(d)(5) (2020). Section II of this NPRM explains why there is a § 791.115(f) with 85 FR 2837 (discussing ''factors for 313compelling need for this rulemaking. determining whether a worker is an employee or See 85 FR 2853; see also 86 FR 40952. 314

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''impermissibly narrow'' for the regulation was longstanding (having employment, in contrast to the various FLSA --a conclusion the Department been introduced in 1958, imitating multi-factor tests developed by federal later endorsed when it rescinded the earlier interpretive guidance), but it did courts of appeals in the decades after 2020 Rule in July 2021. In light of not articulate a detailed analysis for the Department initially adopted the 316this history, the Department has assessing vertical joint employment. pre-2020 FLSA regulation (in 1958). For 321concerns that readopting the 2020 Rule Accordingly, the Department's pre-2020 these reasons, the Department declined and particularly its vertical joint regulation was not influential in to restore the pre-2020 regulation when employment analysis would carry shaping FLSA judicial precedent it rescinded the 2020 Rule in July 2021, greater legal risk than the analysis deciding vertical joint employment and the Department does not view this proposed in this rulemaking, cases. For example, the Supreme Court option as a preferable regulatory undermining the Department's goal of did not apply or even mention the alternative now. adopting a uniform analysis for joint Department's pre-2020 FLSA regulation 3. Adopting a Joint Employer Analysis when it found vertical joint employment Identical to the Guidance Provided in and MSPA that courts find persuasive. in 1973 when deciding Falk v. Brennan, Administrator's Interpretation No. As explained in section III, the vertical 414 U.S. 190 (1973), and federal 2016-1 joint employer analysis proposed in this appellate courts usually applied Under this alternative, the rulemaking is more consistent with analyses other than the analysis in the Department would adopt a joint longstanding judicial precedent than the pre-2020 regulation when deciding employer standard identical to the one analysis that was adopted in the 2020 vertical joint employment cases. See, articulated in Administrator's Rule, which the Department e.g., Reyes v. Remington Hybrid Seed Interpretation No. 2016-1 (the ''Joint acknowledged at the time ''clearly Co., Inc., 495 F.3d 403 (7th Cir. 2007) Employer AI'') and apply it uniformly differs'' from the judicial precedent in (not mentioning the pre-2020 across the FLSA, FMLA, and MSPA. most federal circuits. Accordingly, regulation); Wirtz v. Lone Star Steel Co., 317 Like the analysis proposed in this the Department expects that the analysis 405 F.2d 668 (5th Cir. 1968) (same); rulemaking, the Joint Employer AI proposed in this rulemaking would be Aimable v. Long & Scott Farms, 20 F.3d provided detailed guidance more likely to influence courts than the 434, 438 n.6 (11th Cir. 1994) (citing to distinguishing between horizontal and 2020 Rule, which in turn would the pre-2020 regulation in a footnote); 318 vertical joint employment, explaining increase the likelihood that this see also Wirtz v. Hebert, 368 F.2d 139, that ''the focus of a horizontal joint rulemaking achieves the kinds of 141 (5th Cir. 1966) (concluding it was employment analysis is the relationship beneficial outcomes that motivated the ''unnecessary to consider'' the pre-2020 between the two (or more) employers'' 2020 Rule, such as promoting regulation where ''[the FLSA] and case while ''the vertical joint employment innovation and certainty in business law is entirely sufficient, in view of the analysis instead examines . . . the relationships, reducing compliance facts adduced, to sustain the position of relationships between [workers and costs for organizations operating in the Secretary''). potential joint employers],'' such as ''the multiple jurisdictions, and reducing The Department views this alternative construction worker and the general litigation over the allocation of FLSA- as intermediate in stringency, as contractor'' or ''the farmworker and the related liability and damages. restoring the pre-2020 regulation would 319 grower[.]'' However, there are several permit a broader scope of joint 3232. Readopting the Joint Employer notable differences between the analysis employment than would have existed Analysis From the Department's Pre- for vertical joint employment proposed under the 2020 Rule. However, the 2020 Regulation in this rulemaking and the analysis Department maintains that the pre-2020 Under this alternative, the discussed in the Joint Employer AI. FLSA regulation provided ''ambiguous'' For example, unlike this rulemaking, Department would readopt the FLSA guidance that was not particularly the Joint Employer AI criticized the joint employer regulation that was in helpful to workers, businesses, or the four-factor Bonnette tests applied by effect from 1958 until it was superseded courts when determining vertical joint ''some courts'' to assess vertical joint by the 2020 Rule and amend the joint In particular, the pre- 322 employment--which closely resembles employer provisions in the 2020 FLSA regulation did not identify the four-factor test described in Department's FMLA and MSPA any factors for determining vertical joint proposed § 791.115(a)--as ''unduly regulations to align their standards. As narrow'' and ''not consistent'' with the discussed in section I.B. of this NPRM, See AI No. 2016-1 at 3 (advising that FLSA, asserting that the four factors the Department's pre-2020 FLSA 321 ''guidance provided in the FLSA joint employment ''address only or primarily the potential regulation provided general guidance regulation . . . is useful when analyzing potential joint employer's control'' over advising that joint employment exists horizontal joint employment cases'' but advising workers. Instead, the Joint Employer where employers are ''not completely readers to consult ''the MSPA joint employment 324 regulation . . . when analyzing potential vertical AI instructed that vertical joint disassociated'' with respect to the joint employment'') (emphasis added). employment under the FLSA or MSPA employment of a particular worker, 85 FR 2824; cf. Moldenhauer v. Tazewell- 322 should be assessed by applying the ''depend[ing] upon all the facts in the Pekin Consol. Communications Center, 536 F.3d seven factors in the current MSPA particular case.'' The pre-2020 640, 644 (7th Cir. 2008) (interpreting similar 320 regulatory text from the current FMLA regulation regulation, which--in addition to 325 and concluding that it ''does not . . . provide much encompassing the considerations in the New York v. Scalia, 490 F. Supp. 3d 748, 786 guidance in determining the parameters of what 315 four Bonnette factors--also includes (S.D.N.Y. 2020). constitutes a joint-employment relationship''); See 86 FR 40939. considerations such as: ''[t]he degree of Schubert v. Bethesda Health Group, Inc., 319 F. 31685 FR 2824. Supp. 2d 963, 970 (E.D. Mo. 2004) (''The [FMLA] 317See 86 FR 40950 (''[T]here has been no regulation does not provide much guidance to assist 318 Joint Employer AI at 5. widespread adoption of the [2020] Rule's vertical courts in defining the exact boundaries of a joint 323joint employment analysis, and the [2020] Rule has Id. at 13-14 (citing Baystate Alternative employment relationship[.]''); Moreau v. Air 324not significantly affected judicial analysis of FLSA Staffing, Inc. v. Herman, 163 F.3d 668, 675 (1st Cir. France, 356 F.3d 942, 946 (9th Cir. 2004) (noting joint employment cases.''). 1998), and In re Enterprise Rent-A-Car Wage & Hour that ''the FMLA joint employer regulation mirrors Emp't Practices Litig., 683 F.3d 462, 468-69 (3d Cir. See 85 FR 2853-54 (discussing such the wording of the [pre-2020 FLSA regulation]'' but 319 2012)). outcomes). otherwise ignoring both regulations in an FMLA 29 CFR 791.2(a) (2019). Id. at 11-12. joint employer case). 320 325

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''true of all labor.'' joint employers of the employee such permanency and duration of the Relatedly and as relationship of the parties''; ''[t]he also explained above, ''the extent to that they are together responsible for extent to which the services rendered by which the services rendered by the complying with the law with respect to the worker(s) are repetitive, rote tasks worker(s) are repetitive, rote tasks the employee. For example, under the requiring skills which are acquired with requiring skills which are acquired with Fair Labor Standards Act (FLSA), joint relatively little training''; ''[w]hether the relatively little training'' is not material employers are jointly and severally activities performed by the worker(s) are to the joint employer analysis, as this liable for any wages, damages, and an integral part of the overall business factor has nothing to do with the penalties owed to the employee(s), and operation of the [potential joint relationship between an employee and an employee's total hours worked each employer];'' and ''[w]hether the work is any potential joint employer. By week for all joint employers is used to 330performed on the [potential joint contrast, although the four-factor test determine the employee's entitlement to employer's] premises.''In another proposed to determine vertical joint overtime pay. Similarly, under the 326difference from the approach proposed employment in this rulemaking is not Migrant and Seasonal Agricultural in this rulemaking, the Joint Employer exhaustive, it is by far the closest thing Worker Protection Act (MSPA), each AI advised that the ''ultimate inquiry'' to a common denominator among the joint employer must ensure that the of a vertical joint employment analysis various multi-factor tests applied by employee receives all employment- is ''whether the employee is different federal circuit courts and related rights granted by MSPA, such as economically dependent on the would be simpler to understand and accurate and timely disclosure of the potential joint employer,'' apply than the seven-factor test 327emphasizing that ''the scope of endorsed by the Joint Employer AI. written payroll records, and payment of employment relationships and joint Finally, because the Joint Employer AI wages when due. Under the Family 331employment under the FLSA and MSPA did not identify any factors, business and Medical Leave Act (FMLA), is as broad as possible.''Finally, models or business practices that do not 328 employees who are jointly employed by unlike the analysis proposed in this two or more employers must be counted rulemaking, the Joint Employer AI did likely, adopting the Joint Employer AI by all joint employers in determining not identify any factors, business would fail to provide the same degree of employer coverage and employee models, or business practices which do beneficial clarity and certainty that eligibility under the FMLA, though 332could result from this rulemaking, as only an employee's ''primary employer'' less likely. discussed in greater detail in section is responsible for giving required The Department considers this V.B.1. notices to the employee, providing alternative more stringent than the FMLA leave, and maintaining health VI. Initial Regulatory Flexibility proposed rule because its application benefits. Job restoration is the Analysis (IRFA) would likely result in greater instances 333 primary responsibility of the primary of vertical joint employer findings. The Regulatory Flexibility Act of 1980 employer; a secondary employer may Thus, adopting the analysis from the (RFA), as amended by the Small also be responsible in certain Joint Employer AI would increase Business Regulatory Enforcement circumstances for restoring the compliance costs and litigation Fairness Act of 1996 (SBREFA), employee to the same or equivalent job exposure for businesses which could be hereafter jointly referred to as the RFA, upon return from FMLA leave. scrutinized as potential vertical joint 334requires agencies to prepare an initial Joint employment generally arises in employers, such as franchisors, general regulatory flexibility analysis (IRFA) two contexts, commonly described as contractors, or staffing agency clients. when they propose any rule that would ''vertical'' or ''horizontal.'' In ''vertical'' However, this alternative could benefit have a significant economic impact on joint employment, an employee is workers by making it easier for them to jointly employed by two or more recover unpaid wages from a joint See 5 U.S.C. 603, 605(b). Because this employers that simultaneously benefit employer if one employer is unable or proposed rule could have a significant from the employee's work. Typically, unwilling to pay. (beneficial) impact on a significant The Department does not prefer this the employee works one set of hours number of small entities, the alternative, for many of the reasons and there is no dispute that the Department has prepared this IRFA. discussed at length in section III of this A. Reasons Why Action by the Agency NPRM. For example and as explained Is Being Considered above, economic dependence should not be the ''ultimate inquiry'' of the An employee may have multiple is the employee's joint employer. This joint employer analysis, as the concept employers. In most cases, each scenario is described as ''vertical'' employment will be distinct from the of economic dependence is typically because it often centers around whether more relevant in determining whether others, and each employer will be business partners which are higher or workers are employees in the first lower in a particular industry instance (as opposed to independent with the law with respect to the contractors), and some degree of employee. In some cases, however, two economic dependency on the clients or or more employers may employ the business partners of an employer is employee in a manner that makes them employee.

29 CFR 500.20(h)(5)(iv)(A)-(G). See supra section III.D.6. 326 330Joint Employer AI at 13. 327 331 See 29 CFR 825.106(d). Id. at 3. 332328Remington Hybrid Seed, 495 F.3d at 407; see 333329also supra section III.D.5. See 29 CFR 825.106(e). 334

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By contrast, in ''horizontal'' joint with each other such that they are joint employment, an employee works employee. employers in the same workweek, and

As explained more fully in section II, consistent with the judicial precedent the Department believes that rulemaking FLSA, FMLA, or MSPA. that may apply in that case, which is necessary to restore clarity and varies throughout the Federal courts. Accordingly, in this rulemaking, the consistency regarding joint employer Meanwhile, the Department's existing Department is proposing to restore a FMLA and MSPA regulations articulate regulation for determining joint MSPA. The Department has not joint employment standards that are employer status under the FLSA at 29 maintained regulatory guidance different from each other and from the CFR part 791, where it was located prior addressing FLSA joint employment FLSA standard that the Department is to 2021. Additionally, the Department is since July 2021, when it rescinded its proposing to adopt--an outcome at odds proposing to revise the regulations earlier FLSA joint employer regulation. with the understanding that the The absence of such guidance has standard for determining joint employer the FMLA and MSPA so that the FLSA created uncertainty for businesses, status should align under all three laws, analysis in part 791 applies when workers, and courts, particularly in which share the same statutory ''vertical'' scenarios where multiple definitions of employment. Finally, the those statutes. Finally, the Department entities are simultaneously benefiting Department believes that regulated proposes to amend 29 CFR 780.305(c) from the same work performed by one entities would benefit from regulatory and 29 CFR 780.331(d) so those or more workers. In such FLSA cases, guidance about certain business models provisions, which address FLSA joint the Department has been applying a and business practices that, standing vertical joint employment standard alone, would not make joint employer settings, also cross-reference to the

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proposed FLSA analysis in restored part assumes that a Compensation, Benefits, C. Description of the Number of Small

1. and Job Analysis Specialist (SOC Code Entities to Which the Proposed Rule Will Apply 13-1141) (or a staff member in a similar B. Statements of Objectives and Legal position) would review any final The RFA defines a ''small entity'' as Basis for the Proposed Rule rule. According to the OEWS, these a (1) small not-for-profit organization, 338The objectives of this rulemaking are workers had a mean wage of $39.86 per (2) small governmental jurisdiction, or to: (1) provide clear and helpful hour. The Department assumes that it (3) small business. In order to evaluate regulatory guidance regarding joint would take on average 1 hour to review the proposed rule, the Department used the substance of the rule if adopted as the United States Census Bureau's 2022 and MSPA, including the distinction proposed. The Department expects that SUSB Annual Data table to identify the between horizontal and vertical joint the standards applied by this proposed number of private firms (6.5 million) employment; (2) provide an analysis for rule should be at least partially familiar and private establishments (8.3 million) assessing vertical joint employment that with the specialists tasked to review it, that would potentially be affected by the would enhance the Department's ability and therefore believes that 1 hour, on proposed rule. Of those, SUSB data to consistently enforce the FLSA, average, is appropriate because while estimates that approximately 6.46 FMLA, and MSPA, notwithstanding some establishments would spend more million firms and 6.95 million differences in the various tests applied time to review a rule, many establishments had fewer than 500 by courts; (3) promote greater establishments may rely on For each industry, 335 336 337uniformity in the joint employer Departmental or third party summaries the SUSB data tabulates total analysis applied by courts; (4) reduce of the rule or spend little or no time establishment and firm counts by both compliance and litigation costs reviewing the rule. Assuming benefits enterprise employment size (e.g., 0-4 attributable to legal uncertainty about are paid at a rate of 46 percent of the employees, 5-9 employees, etc.) and the current standard for joint base wage, and overhead costs are 17 receipt size (e.g., less than $100,000, employment; and (5) reduce the chill on percent of the base wage, the reviewer's $100,000-$499,999, etc.). The general organizations which may be hesitant to effective hourly rate is $64.97. methodological approach was to classify enter into certain relationships or all establishments or firms in categories As discussed above in Section V.B.1, engage in certain kinds of business below the 500 employee cutoff as a the Department calculated rule practices because of uncertainty ''small entity.'' familiarization cost for 8.3 million whether they would be joint employers establishments. Among those D. Projected Reporting, Recordkeeping, of another employer's employees. establishments, 6.37 million were and Other Compliance Requirements of The Department's authority to identified as small businesses with the Proposed Rule interpret the FLSA comes with its under 500 employees. Annual payroll authority to administer and enforce the As explained more fully in section estimates for these small business FLSA. See Herman v. Fabri-Centers of V.B.1 of this NPRM, affected entities establishments totaled $3,465 million Am., Inc., 308 F.3d 580, 592-93 & n.8 would incur cost from rule which is approximately 39 percent of (6th Cir. 2002) (noting that ''[t]he Wage familiarization. The Department total payroll across all businesses and Hour Division of the Department of regardless of size. Labor was created to administer the The U.S. Census Bureau does not specifically 335 Table 2 presents the estimated [FLSA]'' while agreeing with the define small business, but does break down its data number of small businesses, at the firm into firms with 500 or more employees and those Department's interpretation of one of with fewer than 500 employees. See U.S and establishment level, affected by the the FLSA's provisions); Dufrene v. Department of Commerce, Bureau of Census, 2022 final rule. Browning-Ferris, Inc., 207 F.3d 264, 267 Statistics of U.S. Businesses (SUSB) Annual Data (5th Cir. 2000) (''By granting the Tables by Establishment Industry (Aug. 2025), BILLING CODE 4510-27-P https://www.census.gov/data/tables/2022/econ/ Secretary of Labor the power to susb/2022-susb-annual.html (from downloaded administer the FLSA, Congress A Compensation/Benefits Specialist ensures Excel Table entitled ''U.S., 6-digit NAICS''). 338implicitly granted him the power to company compliance with Federal and state laws, Consequently, the 500-employee threshold is including reporting requirements; evaluates job commonly used to describe the universe of small interpret.''); Condo v. Sysco Corp., 1 positions, determining classification, exempt or F.3d 599, 603 (7th Cir. 1993) (same). non-exempt status, and salary; plans, develops, The 2022 data are the most recently available 336Additionally, Congress has delegated evaluates, improves, and communicates methods with revenue data. the Department with broad rulemaking and techniques for selecting, promoting, For this analysis, the Department excluded 337 compensating, evaluating, and training workers. See authority to interpret the FMLA and independent contractors who are not registered as BLS, Occupational Employment and Wage small businesses, and who are generally not MSPA. See 29 U.S.C. 2654; 29 U.S.C. Statistics Query System, https://data.bls.gov/oes/#/ captured in the Economic Census, from the 1861. industry/000000 (last updated May 2024). calculation of small establishments.

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Even though all entities will incur the Department makes available a BILLING CODE 4510-27-C The Department estimates that in Year regulatory familiarization costs, these variety of resources to employers for 1, small businesses will incur a costs will be relatively small on a per- understanding their obligations and minimum cost of approximately $419 entity basis (an average of $64.47 per achieving compliance. million in total regulatory entity). Additionally, no such costs will 3. Use of Performance Rather Than familiarization costs, and a maximum of be incurred after the first year following Design Standards approximately $451 million. The the promulgation of a final rule. estimated annual total cost to small This proposed rule would provide E. Alternatives to the Proposed Rule entities of this rule over 10 years is guidance regarding joint employer $44.9 million to $48.4 million The RFA requires agencies to discuss calculated at a 7 percent discount rate ''any significant alternatives to the MSPA consistent with the statutory text ($43.2 million to $46.5 million at a 3 proposed rule which accomplish the of those laws and judicial precedent percent discount rate). stated objectives of applicable statutes interpreting those laws. Using The Department anticipates several and which minimize any significant ''performance standards'' to assess joint benefits to small entities, including economic impact of the proposed rule employer status would be inconsistent reduced compliance and litigation costs. on small entities.'' In addition to with such authorities, which would 339Small businesses are expected to ''the alternative of not regulating,'' undermine the Department's goal of 340particularly benefit from this the Department considered three adopting a uniform analysis for joint clarification, as the increased certainty alternatives to the proposed rule: (1) employer status under the FLSA, FMLA, and uniformity would allow them to readopting the joint employer analysis and MSPA that courts find persuasive. make more informed business decisions from the Department's 2020 Rule; (2) 4. Exemption From Coverage of the Rule without needing to invest as heavily in readopting the joint employer analysis for Small Entities legal counsel to navigate complex joint from the Department's pre-2020 FLSA The Department rejects this employer determinations across regulation; or (3) adopting a joint alternative because the proposed rule multiple statutes. Clarifying joint employer analysis identical to the interprets statutory definitions of employer criteria would be expected to guidance provided in Administrator's employment from the FLSA, and those encourage beneficial business practices Interpretation No. 2016-1. The specific definitions are uniformly applicable to and partnerships that businesses, advantages and disadvantages of these all employers, regardless of their size. including small entities, might alternatives are addressed in greater Moreover, the Department's goal in this otherwise forego due to uncertainty detail in section V.F. of this NPRM, but rulemaking is to adopt an analysis for about potential liability. While the the Department believes that its joint employment derived from judicial Department does not anticipate proposed analysis will best achieve the precedent that courts will find significant transfer effects, it stated objectives of this rulemaking persuasive. Creating exceptions to the acknowledges that the proposed while minimizing potential costs and proposed analysis for small entities standard may result in a slightly legal risk. would contravene that objective. In addition to the alternatives narrower scope of vertical joint discussed above, Section 603(c) of the employment compared to the current on this IRFA's analysis of regulatory RFA describes four categories of MSPA regulation or standards applied alternatives. regulatory alternatives that might be by some courts, potentially affecting appropriate for consideration in an wage recovery in limited cases F. Relevant Federal Rules Duplicating, IRFA analysis. Those categories of involving, for example, insolvent Overlapping, or Conflicting With the regulatory alternatives are addressed employers, though this effect is Proposed Rule below. expected to be small and potentially Of the laws enforced by the offset by improved enforcement 1. Differing Compliance and Reporting Department's Wage and Hour Division, capabilities. Accordingly, the Requirements for Small Entities only the FMLA and MSPA share the Department does not expect that there FLSA's employment definitions. For The proposed rule would not impose would be meaningful costs attributable statutes that do not incorporate the new reporting, recordkeeping, or filing to this rulemaking apart from the cost of FLSA's definitions, WHD applies other requirements on any entity, large or initial regulatory familiarization. The standards to assess joint employment. small. Department invites feedback on this 341

1. Unfunded Mandates Reform Act of 2. Clarification, Consolidation, and Based on this analysis, the 1995 Simplification of Compliance and Department does not expect that small Reporting Requirements for Small The Unfunded Mandates Reform Act entities will incur large individual costs Entities of 1995, 2 U.S.C. 1532, requires agencies as a result of this rule, if finalized. A to prepare a written statement, which This proposed rule would not impose threshold of 1 percent of revenues has includes an assessment of anticipated any new reporting requirements, and been used in prior rulemakings for the costs and benefits, before proposing any definition of significant economic 5 U.S.C. 603(c). impact. This threshold is also consistent 339Exec. Order No. 12866 § 1, 58 FR 51735. See, e.g., 20 CFR 655.103(b) (applying ''the with that sometimes used by other 340341Section II of this NPRM explains why there is a common law of agency'' to assess joint employer agencies within DOL. compelling need for this rulemaking. status under the H-2A program).

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federal mandate that may result in PART 500--MIGRANT AND SEASONAL PART 780--EXEMPTIONS excess of $100 million (adjusted APPLICABLE TO AGRICULTURE, AGRICULTURAL WORKER annually for inflation) in expenditures PROCESSING OF AGRICULTURAL PROTECTION in any one year by state, local, and tribal COMMODITIES, AND RELATED ■ 1. The authority citation for part 500 governments in the aggregate, or by the SUBJECTS UNDER THE FAIR LABOR private sector. This rulemaking is not STANDARDS ACT expected exceed that threshold. See Authority: Pub. L. 97-470, 96 Stat. 2583 ■ 3. The authority citation for part 780 section V for an assessment of (29 U.S.C. 1801-1872); Secretary's Order No. anticipated costs, transfers, and benefits. 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014); 28 U.S.C. 2461 Note (Federal Civil Authority: Secs. 1-19, 52 Stat. 1060, as VIII. Executive Order 13132, Penalties Inflation Adjustment Act of 1990); amended; 75 Stat. 65; 29 U.S.C. 201-219. Federalism and Pub. L. 114-74, 129 Stat 584. Pub. L. 105-78, 111 Stat. 1467. ■ 2. Amend § 500.20 by revising ■ 4. Amend § 780.305 by revising The Department has (1) reviewed this paragraph (c) to read as follows: paragraph (h)(5) to read as follows: proposed rule in accordance with (c) Whether a farmer whose crops are (5) The definition of the term employ Executive Order 13132 regarding harvested by an independent contractor includes the joint employment federalism and (2) determined that it is considered to be a joint employer does not have federalism implications. with the contractor who supplies the Labor Standards Act. The term joint The proposed rule would not have harvest hands shall be determined by employment means a condition in substantial direct effects on the States, applying the criteria set forth in which a single individual stands in the on the relationship between the relation of an employee to two or more National Government and the States, or chapter. Each employer must include persons at the same time. A the contractor's employees in his man- determination of whether the day count in determining whether his employment is to be considered joint own man-day test is met. Each employer employment depends upon all the facts IX. Executive Order 13175, Indian will be considered responsible for in the particular case. The criteria set Tribal Governments compliance with the minimum wage forth in §§ 791.110 through 791.125 of and child labor requirements of the Act This proposed rule would not have this chapter apply to any determination with respect to the employees who are tribal implications under Executive of whether a joint employment jointly employed. Order 13175 that would require a tribal relationship exists under MSPA. ■ 5. Amend § 780.331 by revising (i) If it is determined that a farm labor summary impact statement. The paragraph (d) to read as follows: contractor is an independent contractor, proposed rule would not have (d) Whether or not a labor contractor it still must be determined whether or substantial direct effects on one or more or crew leader is found to be a bona fide not the employees of the farm labor Indian tribes, on the relationship independent contractor, whether the contractor are also jointly employed by between the Federal Government and employees of the labor contractor or the agricultural employer/association. Indian tribes, or on the distribution of crew leader are jointly employed by the Joint employment under the Fair Labor power and responsibilities between the farmer who is using their labor shall be Standards Act is joint employment Federal Government and Indian tribes. determined by applying the criteria set under the MSPA. Such joint forth in §§ 791.110 through 791.125 of employment relationships, which are this chapter. In a joint employment common in agriculture, have been 29 CFR Part 500 situation, the man-days of agricultural addressed both in the legislative history labor rendered are counted toward the and by the courts. procedure, Aliens, Employment, man-days of such labor of each (ii) The legislative history of the Act Housing, Insurance, Intergovernmental employer. Each employer is considered (H. Rep. No. 97-885, 97th Cong., 2d relations, Investigations, Licensing and equally responsible for compliance with Sess., 1982) states that the legislative registration, Migrant labor, Motor the Act. With respect to the purpose in enacting MSPA was ''to vehicle safety, Occupational safety and recordkeeping regulations in 29 CFR reverse the historical pattern of abuse health, Penalties, Reporting and 516.33, the employer who actually pays and exploitation of migrant and recordkeeping requirements, Wages, the employees will be considered seasonal farm workers . . . ,'' which Whistleblowing. primarily responsible for maintaining would only be accomplished by and preserving the records of hours 29 CFR Part 780 ''advanc[ing] . . . a completely new worked and employees' earnings approach'' (Rept. at 3). Congress's Agriculture, Child Labor, Wages. specified in paragraph (c) of § 516.33 of incorporation of the FLSA term employ this chapter. 29 CFR Part 791 was undertaken with the deliberate ■ 6. Add part 791 to subchapter B to Employment, Wages. intent of adopting the FLSA joint employer doctrine as the ''central 29 CFR Part 825 foundation'' of MSPA and ''the best PART 791--DETERMINING JOINT means by which to insure that the EMPLOYER STATUS UNDER THE FAIR procedure, Airmen, Employee benefit purposes of this MSPA would be LABOR STANDARDS ACT plans, Health, Health insurance, Labor fulfilled'' (Rept. at 6). management relations, Maternal and (iii) The analysis as to the existence Sec. child health, Penalties, Pensions, of an employment relationship is not a 791.100 Introductory statement. 791.105 General Principles. strict liability or per se determination 791.110 Two Scenarios of FLSA Joint requirements, Teachers. under which any agricultural employer/ association would be found to be an 791.115 Determining Vertical Joint employer merely by retaining or preamble, the Department of Labor benefiting from the services of a farm proposes to amend 29 CFR chapter V as 791.120 Determining Horizontal Joint follows: labor contractor.

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employer for purposes of FLSA § 791.115 Determining Vertical Joint 791.125 Relevance of Certain Business compliance. For example, if two entities Models and Business Practices. (a) Four factors to apply. In the 791.130 Severability. are separately incorporated but vertical joint employer scenario, four effectively operate as a single entity, Authority: 52 Stat. 1060, as amended; 29 factors are relevant to the determination they may in fact be a single employer U.S.C. 201-219. whether a person is a joint employer. under the FLSA. Neither incorporating § 791.100 Introductory statement. Those four factors are whether the a separate entity nor manipulating This part contains the Department of person: (1) Hires or fires the employee; corporate formalities may be used to Labor's general interpretations of the (2) Supervises and controls the divide a business' operation and avoid text governing joint employer status employee's work schedule or conditions the FLSA's requirements. Closely- under the Fair Labor Standards Act. See of employment to a substantial degree; related entities that are not in fact 29 U.S.C. 201-19. The Administrator of (3) Determines the employee's rate and separate may be liable as a single the Wage and Hour Division will use method of payment; and (4) Maintains employer under the FLSA without these interpretations to guide the the employee's employment records. No needing to consider joint employment. performance of his or her duties under single factor is dispositive in the FLSA, and intends the § 791.110 Two Scenarios of FLSA Joint Employment interpretations to be used by employers, the FLSA, as the determination will (a) Vertical joint employment. In the employees, and courts to understand depend on all of the facts in a particular ''vertical'' joint employment scenario, employers' obligations and employees' case. an employee is jointly employed by two rights under the FLSA. To the extent (b) Meaning of ''employment or more employers that simultaneously that prior administrative rulings, records.'' As used in this section, benefit from the employee's work. interpretations, practices, or ''employment records'' means records, Typically, the employee works one set enforcement policies relating to joint such as payroll records, that reflect, of hours and there is no dispute that the employer status under the FLSA are relate to, or otherwise record inconsistent or in conflict with the information pertaining to the hiring or firing, supervision and control of the interpretations stated in this part, they are hereby rescinded. The is the employee's joint employer. employment, or determining the rate interpretations stated in this part may be (b) Horizontal joint employment. In and method of payment of the relied upon in accordance with section the ''horizontal'' joint employment employee. Except to the extent they 10 of the Portal-to-Portal Act, 29 U.S.C. scenario, an employee works separate reflect, relate to, or otherwise record 251-262, notwithstanding that after any hours for two (or more) employers in the that information, records maintained by such act or omission in the course of same workweek, and the employers are the potential joint employer related to such reliance, any such interpretation in the employer's compliance with the this part ''is modified or rescinded or is contractual agreements identified in determined by judicial authority to be employee such that they are joint § 791.125 do not make joint employer invalid or of no legal effect.'' 29 U.S.C.

1. FLSA and are not considered § 791.105 General Principles. employment records under this section. (a) An employer or joint employer Satisfaction of the maintenance of may be an individual, partnership, employment records factor alone will association, corporation, business trust, not lead to a finding of joint employee. When there is horizontal legal representative, public agency, or joint employment, the employee's total any organized group of persons, (c) Relevance of reserved control. The hours worked across the workweek for excluding any labor organization (other potential joint employer's ability, each of the employers must be than when acting as an employer) or power, or reserved right to act in aggregated for purposes of FLSA relation to the employee is relevant for anyone acting in the capacity of officer compliance, and each employer is determining joint employer status, but or agent of such a labor organization. (b) An employee may have multiple jointly and severally liable for the employers under the FLSA. In most employee's wages due under the FLSA, exercise of control is more relevant than cases, each employment will be distinct including any overtime premiums due such ability, power, or right. For from the others, and each employer will based on the aggregated hours worked. example, a potential joint employer's (c) Joint and Several Liability for Joint be responsible on its own for complying contractual authority to supervise, Employers. For each workweek that a with the FLSA with respect to the discipline, or fire employees is less person is a joint employer of an employee. However, in some cases as relevant if in practice the potential joint employee, that joint employer is jointly discussed below, two or more employer never exercises such and severally liable with any other joint employers may employ the employee in authority. Notwithstanding the employers for compliance with all of the a manner that makes them joint foregoing, a potential joint employer's applicable provisions of the FLSA, employers of the employee such that ability, power, or reserved right to act in including the overtime pay provisions, they are together responsible for connection with any of the contractual for all of the hours worked by the complying with the FLSA with respect provisions or business practices employee in that workweek. In to the employee. identified in § 791.125 does not make (c) For there to be joint employment, discharging this joint obligation in a each employer must exist as a separate particular workweek, each joint under the FLSA. entity. In some cases, it may be employer may take credit toward (d) Indirect control. Indirect control is minimum wage and overtime pay unnecessary to consider joint exercised by the potential joint employment because the entities requirements for all payments made to employer through mandatory directions constituting the alleged employers are the employee by any other joint to another employer that controls the in fact a single entity and thus a single employee. But that employer's

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records under paragraph (b) of this voluntary decision to grant the potential and are limited to substantially similar joint employer's request, factual situations: section, and therefore, are not relevant (1)(i) Example. An office park recommendation, or suggestion does not in determining joint employer status. company hires a janitorial services constitute indirect control that can While the restaurant requested the company to clean the office park demonstrate joint employer status. Acts termination of a cleaning company building after-hours. According to a that incidentally impact the employee employee for not following safety contractual agreement between the also do not indicate joint employer instructions, the decision to terminate office park and the janitorial company, status. was made voluntarily by the cleaning (e) Consideration of additional the office park agrees to pay the company and therefore is not indicative factors. Additional factors may be janitorial company a fixed fee for these of indirect control. relevant for determining joint employer services and reserves the right to (3)(i) Example. A restaurant contracts status in this scenario. For example, supervise the janitorial employees in with a cleaning company to provide indicia of whether the potential joint their performance of those cleaning cleaning services. The contract does not services. However, office park personnel employer exercises significant control give the restaurant authority to hire or do not set the janitorial employees' pay over the terms and conditions of the fire the cleaning company's employees rates or individual schedules and do not employee's work in addition to the four or to supervise their work on the in fact supervise the workers' factors identified in paragraph (a) above restaurant's premises. However, in performance of their work in any way. may be relevant. Indicia of whether the practice a restaurant official oversees employee is economically dependent on Is the office park a joint employer of the the work of employees of the cleaning the potential joint employer for work janitorial employees? company by assigning them specific (ii) Application. Under these facts, the may also be relevant. For example, if the tasks throughout each day, providing office park is not a joint employer of the employee has a continuous or repeated them with hands-on instructions, and janitorial employees because it does not relationship with the potential joint keeping records tracking the work hours hire or fire the employees, determine employer in that the potential joint of each employee. On several occasions, their rate or method of payment, or employer continuously or repeatedly the restaurant requested that the exercise control over their conditions of benefits from the employee's work cleaning company hire or terminate employment. The office park's reserved (whether or not the other employers individual workers, and the cleaning contractual right to control the involved change), that may indicate company agreed without question each employees' conditions of employment is joint employment. As an additional time. Is the restaurant a joint employer not enough to establish that it is a joint example, if the employee works at a of the cleaning company's employees? employer. location or facility that is owned or (ii) Application. Under these facts, the (2)(i) Example. A restaurant contracts controlled by the potential joint restaurant is a joint employer of the with a cleaning company to provide employer that benefits from the cleaning company's employees because cleaning services. The contract does not employee's work, that may indicate the restaurant exercises sufficient give the restaurant authority to hire or joint employment. However, additional control, both direct and indirect, over fire the cleaning company's employees factors are generally less relevant than the terms and conditions of their or to supervise their work on the the four factors identified in paragraph employment. The restaurant directly restaurant's premises. A restaurant (a) above, which typically carry greater supervises the cleaning company's official provides general instructions to weight in the analysis than any employees' work on a regular basis and the team leader from the cleaning additional factors. And, if the four keeps employment records. And the company regarding the tasks that need factors identified in paragraph (a) above cleaning company's repeated and to be completed each day, monitors the unanimously indicate joint employment unquestioned acquiescence to the performance of the company's work, or no joint employment, there is a restaurant's hiring and firing requests and keeps records tracking the cleaning substantial likelihood that the indicated indicates that the restaurant exercised company's completed assignments. The outcome is correct, and additional indirect control over the cleaning team leader from the cleaning company factors are highly unlikely, either company's hiring and firing decisions. provides detailed supervision. At the individually or collectively, to outweigh (4)(i) Example. A packaging company restaurant's request, the cleaning the combined probative value of the requests workers on a daily basis from company decides to terminate an four factors identified in paragraph (a) a staffing agency. Although the staffing individual worker for failure to follow above. agency determines each worker's hourly the restaurant's instructions regarding (f) Factors that are not relevant. rate of pay, the packaging company customer safety, although the company Notwithstanding the foregoing, the closely supervises their work, providing had declined to terminate a different following factors are primarily probative hands-on instruction on a regular and worker as requested by the restaurant of a worker's status as an employee or routine basis. The packaging company the prior week. Is the restaurant a joint independent contractor and have no also uses sophisticated analysis of employer of the cleaning company's relevance in determining joint employer expected customer demand to employees? status: (1) Whether the employee is in continuously adjust the number of (ii) Application. Under these facts, the a job that requires special skill, workers it requests and the specific restaurant is not a joint employer of the initiative, judgment, or foresight; (2) hours for each worker, sending workers cleaning company's employees because Whether the employee has the home depending on workload. Is the the restaurant does not exercise opportunity for profit or loss based on packaging company a joint employer of significant direct or indirect control his or her managerial skill; and (3) the staffing agency's employees? over the terms and conditions of their Whether the employee invests in (ii) Application. Under these facts, the employment. The restaurant's daily equipment or materials required for packaging company is a joint employer instructions and monitoring of the work or the employment of helpers. of the staffing agency's employees (g) Examples. The following cleaning work is limited and does not because it exercises sufficient control demonstrate that the restaurant is a joint illustrative examples demonstrate the over their terms and conditions of employer. Records of the cleaning application of the principles described employment by closely supervising in this section under the facts presented team's work are not employment

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restaurants for purposes of complying their work and controlling their work under common control with the other schedules. with the FLSA. employer. Such a determination (5)(i) Example. A packaging company depends on all of the facts and § 791.125 Relevance of Certain Business has unfilled shifts and requests a Models and Business Practices. staffing agency to identify and assign (b) Certain business relationships, for (a) Operating as a franchisor or workers to fill those shifts. Like other example, which have little to do with entering into a brand and supply clients, the packaging company pays the the employment of specific workers-- agreement, or using a similar business staffing agency a fixed fee to obtain each such as sharing a vendor or being model, does not make joint employer worker for an 8-hour shift. The staffing franchisees of the same franchisor--are status more or less likely under the Act. agency determines the hourly rate of alone insufficient to establish that two pay for each worker, restricts all of its (b) The potential joint employer's employers are sufficiently associated to workers from performing more than five contractual agreements with the be joint employers. shifts in a week, and retains complete employer requiring the employer to (c) The following illustrative discretion over which workers to assign comply with general legal obligations or examples demonstrate the application of to fill a particular shift. Workers to meet certain standards to protect the the principles described in this section perform their shifts for the packaging health or safety of its employees or the under the facts presented and are company at the company's warehouse public do not make joint employer limited to substantially similar factual under limited supervision from the status more or less likely under the Act. situations: packaging company to ensure that Similarly, the monitoring and (1)(i) Example. An individual works minimal quantity, quality, and enforcement of such contractual 30 hours per week as a cook at one workplace safety standards are satisfied, agreements against the employer does restaurant establishment, and 15 hours and under more strict supervision from per week as a cook at a different a staffing agency supervisor who is on less likely under the Act. Such restaurant establishment affiliated with site at the packaging company. Is the contractual agreements include, but are the same nationwide franchise. These packaging company a joint employer? not limited to, mandating that establishments are locally owned and (ii) Application. Under these facts, the employers comply with their obligations managed by different franchisees that do packaging company is not a joint under the FLSA or other similar laws; not coordinate in any way with respect employer of the staffing agency's or institute anti-harassment policies; to the employee. Are they joint employees because the staffing agency requiring background checks; or employers of the cook? exclusively determines the pay and requiring employers to establish (ii) Application. Under these facts, the work schedule for each employee. workplace safety practices and protocols restaurant establishments are not joint Although the packaging company or to provide workers training regarding employers of the cook because they are exercises some control over the workers matters such as health, safety, or legal not associated in any meaningful way by exercising limited supervision over compliance. Requiring the inclusion of with respect to the cook's employment. their work, such supervision, especially such standards, policies, or procedures The similarity of the cook's work at each considering the staffing agency's in an employee handbook does not restaurant, and the fact that both supervision, is alone insufficient to restaurants are part of the same establish that the packaging company is likely under the Act. nationwide franchise, are not relevant to a joint employer without additional (c) The potential joint employer's the joint employer analysis, because facts to support such a conclusion. contractual agreements with the those facts have no bearing on the employer requiring quality control question whether the restaurants are § 791.120 Determining Horizontal Joint standards to ensure the consistent acting directly or indirectly in each quality of the work product, brand, or other's interest in relation to the cook. (a) In the horizontal joint employer business reputation do not make joint (2)(i) Example. An individual works scenario, if the employers are acting employer status more or less likely 30 hours per week as a cook at one independently of each other and are under the Act. Similarly, the monitoring restaurant establishment, and 15 hours disassociated with respect to the and enforcement of such agreements per week as a cook at a different employment of the employee, each against the employer does not make restaurant establishment owned by the employer may disregard all work same person. Each week, the restaurants performed by the employee for the other under the Act. Such contractual coordinate and set the cook's schedule employer in determining its own agreements include, but are not limited of hours at each location, and the cook responsibilities under the FLSA. to, specifying the size or scope of the works interchangeably at both However, if the employers are work project, requiring the employer to restaurants. The restaurants decided sufficiently associated with respect to meet quantity and quality standards and together to pay the cook the same hourly the employment of the employee, they deadlines, requiring morality clauses, or rate. Are they joint employers of the are joint employers and must aggregate requiring the use of standardized cook? the hours worked for each other with products, services, or advertising to (ii) Application. Under these facts, the respect to the employee for purposes of maintain brand standards. restaurant establishments are joint determining compliance with the FLSA. employers of the cook because they (d) The potential joint employer's The employers will generally be share common ownership, coordinate practice of providing the employer a sufficiently associated if: (1) There is an the cook's schedule of hours at the arrangement between them to share the sample employee handbook, or other restaurants, and jointly decide the forms, to the employer; offering an employee's services; (2) One employer cook's terms and conditions of association health plan or association is acting directly or indirectly in the employment, such as the pay rate. retirement plan to the employer or interest of the other employer in relation Because the restaurants are sufficiently to the employee; or (3) They share participating in such a plan with the associated with respect to the cook's employer; jointly participating in an control of the employee, directly or employment, they must aggregate the apprenticeship program with the indirectly, by reason of the fact that one cook's hours worked across the two employer controls, is controlled by, or is employer; or any other similar business

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or less likely that Franchisor A is a joint practice, does not make joint employer comply with all applicable federal, status more or less likely under the Act. state, and local laws. Employer B employer of B's employees. Franchisor (e) The following illustrative A's business practices of providing contracts with A and signs the code of examples demonstrate the application of optional samples, forms, and documents conduct. Do the code of conduct and the the principles described in this section promise to abide by it indicate that that relate to staffing and employment under the facts presented and are are not direct or indirect control over Entity A is a joint employer of Employer limited to substantially similar factual Franchisor B's employees that would be B's employees? situations. indicative of joint employer status. (ii) Application. Neither the code of (1)(i) Example. An Association, whose conduct nor the promise to abide by it membership is subject to certain criteria § 791.130 Severability. described in this example make it more such as geography or type of business, If any provision of this part is held to or less likely that Entity A is a joint provides optional group health coverage be invalid or unenforceable by its terms, employer of B's employees. Although and an optional pension plan to its or as applied to any person or Entity A requires Employer B to members to offer to their employees. circumstance, or stayed pending further maintain a wage floor, B retains control Employer B and Employer C both meet agency action, the provision shall be over how and how much to pay its the Association's specified criteria, construed so as to continue to give the employees, and the example does not become members, and provide the maximum effect to the provision indicate that the wage floor is Association's optional group health permitted by law, unless such holding accompanied by any other indicia of coverage and pension plan to their shall be one of utter invalidity or control. Relatedly, because there is no respective employees. The employees of unenforceability, in which event the indication that A's requirement that B both B and C choose to opt in to the provision shall be severable from part commit to comply with all applicable health and pension plans. Does the 791 and shall not affect the remainder federal, state, and local law exerts any participation of B and C in the thereof. direct or indirect control over B's Association's health and pension plans employees, this requirement has no indicate that the Association is a joint PART 825--THE FAMILY AND bearing on the joint employer analysis. employer of B's and C's employees, or MEDICAL LEAVE ACT OF 1993 (3)(i) Example. Franchisor A is a that B and C are joint employers of each global organization representing a other's employees? ■ 7. The authority citation for part 825 hospitality brand with several thousand (ii) Application. Under these facts, hotels under franchise agreements. nothing about the health or pension Franchisee B owns one of these hotels Authority: 29 U.S.C. 2654; 28 U.S.C. 2461 plans makes it more or less likely that note (Federal Civil Penalties Inflation and is a licensee of Franchisor A's the Association is a joint employer of Adjustment Act of 1990); and Pub. L. 114- brand, which gives Franchisee B access B's or C's employees, or that B and C are 74 at sec. 701. to certain proprietary software for joint employers of each other's business operation or payroll ■ 8. Amend § 825.106 by revising employees. Participation in the processing. In addition, Franchisor A paragraph (a) to read as follows: Association's optional plans does not provides Franchisee B with a sample involve any control by the Association, (a) Where two or more businesses employment application, a sample direct or indirect, over B's or C's exercise some control over the work or employee handbook, and other forms employees. And while B and C working conditions of the employee, the and documents for use in operating the independently offer the same plans to businesses may be joint employers franchise, such as sample operational their respective employees, there is no under FMLA. Joint employers may be plans, business plans, and marketing indication that B and C are separate and distinct entities with materials. The licensing agreement is an coordinating, directly or indirectly, to separate owners, managers, and industry-standard document explaining control the other's employees. facilities. The criteria set forth in that B is solely responsible for all day- (2)(i) Example. Entity A, a large to-day operations, including hiring and national company, contracts with chapter apply to any determination of firing of employees, setting the rate and multiple other businesses in its supply whether a joint employment method of pay, maintaining records, and chain. As a precondition of doing relationship exists. supervising and controlling conditions business with A, all contracting of employment. Doe any of these facts businesses must agree to comply with a Andrew B. Rogers, indicate that Franchisor A is a joint code of conduct established by A, which employer of Franchisee B's employees? includes paying employees a minimum Administrator, Wage and Hour Division. (ii). Application. None of the facts hourly wage higher than the federal [FR Doc. 2026-07959 Filed 4-22-26; 8:45 am] described in this example make it more minimum wage, as well as a promise to BILLING CODE 4510-27-P

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Vol. 91 Thursday, No. 78 April 23, 2026

Part III The President

Presidential Determination No. 2026-07 of April 20, 2026--Presidential Determination Concerning the Air Force's Jet Fighter Training Operations in Idaho, Oregon, and Nevada Presidential Determination No. 2026-08 of April 20, 2026--Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as Amended, on Coal Supply Chains and Baseload Power Generation Capacity Presidential Determination No. 2026-09 of April 20, 2026--Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as Amended, on Development, Manufacturing, and Deployment of Large-Scale Energy and Energy Related Infrastructure Presidential Determination No. 2026-10 of April 20, 2026--Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as Amended, on Grid Infrastructure, Equipment, and Supply Chain Capacity Presidential Determination No. 2026-11 of April 20, 2026--Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as Amended, on Domestic Petroleum Production, Refining, and Logistics Capacity Presidential Determination No. 2026-12 of April 20, 2026--Presidential Determination Pursuant to Section 303 of the Defense Production Act of

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1950, as Amended, on Natural Gas Transmission, Processing, Storage, and Liquefied Natural Gas Capacity

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Presidential Determination No. 2026-07 of April 20, 2026 Title 3--

Presidential Determination Concerning the Air Force's Jet The President Fighter Training Operations in Idaho, Oregon, and Nevada

Memorandum for the Administrator of the Environmental Protection Agency [and] the Secretary of the Air Force By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 313 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1323), I determine that it is in the paramount interest of the United States to exempt the United States Air Force's jet fighter training operations in Idaho, Oregon, and Nevada (aspects of which are the subject of litigation in Oregon Natural Desert Ass'n v. Meink, Case No. 2:23-cv-01898 (D. Or.)) from Federal, State, interstate, and local requirements, administrative authority, and process and sanctions respecting the control and abatement of water pollution. Therefore, pursuant to subsection (a) of section 313 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1323(a)), I hereby exempt the Air Force's jet fighter training operations in Idaho, Oregon, and Nevada from Federal, State, interstate, and local requirements, administrative author- ity, and process and sanctions respecting the control and abatement of water pollution; except that no exemption is hereby granted from the require- ments of 33 U.S.C. 1316 and 1317. The exemption granted by this memorandum shall be for the 1-year period beginning April 20, 2026, and ending April 20, 2027. Nothing herein is intended to: (a) imply that in the absence of such a Presidential exemption, the Clean Water Act or any other provision of law would require the Air Force to obtain permits pertaining to the control and abatement of water pollution for the exempted operations; or (b) limit the applicability or enforcement of any other requirement of law applicable to the Air Force's jet fighter training operations in Idaho, Oregon, and Nevada.

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21926 The Secretary of the Air Force is authorized and directed to publish this determination in the Federal Register.

[FR Doc. 2026-08009 Billing code 3911-44-P

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Presidential Determination No. 2026-08 of April 20, 2026

fense Production Act of 1950, as Amended, on Coal Supply Chains and Baseload Power Generation Capacity

generation capacity constitutes an unusual and extraordinary threat to the Nation's economy, national security, and foreign policy. It emphasized that our Nation's current inadequate and intermittent energy supply leaves us vulnerable to hostile foreign actors and poses an imminent and growing threat to the United States' prosperity and national security. Consistent with that declaration, I find that ensuring reliable coal supply chains and baseload power generation capacity is essential to United States national defense. Coal mining and logistics, terminals, stockpile, and power generation facilities provide indispensable resilience to our power grids that cannot be replaced. Without sufficient coal-fired baseload power, the United States will lack the stable electricity required to support defense installations, industrial expansion, and the high-energy demands of emerging technologies, such as artificial intelligence.

(1) coal supply chains and baseload power generation capacity, including coal mining, rail and barge logistics, export and domestic terminals, gener- ating unit availability and life-extension work, on-site stockpiles, and asso- ciated reliability updates, are industrial resources, materials, or critical technology items essential to the national defense;

a timely manner due to financing constraints, regulatory delays, long- lead maintenance, expensive and bespoke repair cycles, and market bar- riers; and

I further determine that action to expand coal supply chain capacity and baseload generation availability is necessary to avert an industrial resource or critical technology item shortfall that would severely impair national defense capability. Therefore, pursuant to section 303(a)(7) of the Act, I waive the requirements of section 303(a)(1)-(a)(6) of the Act for the purpose of expanding such capability.

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21928

Register.

[FR Doc. 2026-08010

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21929

Presidential Determination No. 2026-09 of April 20, 2026

fense Production Act of 1950, as Amended, on Development, Manufacturing, and Deployment of Large-Scale Energy and Energy Related Infrastructure

generation constitutes an unusual and extraordinary threat to the Nation's economy, national security, and foreign policy. It emphasized that our Na- tion's current inadequate and intermittent energy supply leaves us vulnerable to hostile foreign actors and poses an imminent and growing threat to the United States' prosperity and national security. Consistent with that declaration, I find that ensuring the domestic capability for development, manufacturing, and deployment of large-scale energy and energy-related infrastructure is essential to United States national defense, yet due to financing risks, regulatory delays, and market barriers, these cannot be met in full under existing market conditions.

(1) development, manufacturing, and deployment of large-scale energy and energy-related infrastructure, including engineering, site acquisition and preparation, permitting, early-stage risk mitigation financing instru- ments, domestic manufacturing capacity, and enabling infrastructure, are industrial resources, materials, and critical technology items essential to the national defense; the needed industrial resource, material, or critical technology items in a timely manner due to financing risks, regulatory delays, and market barriers; and

I further determine that action to expand the domestic capability to undertake development, manufacturing, and deployment of large-scale energy and en- ergy-related infrastructure is necessary to avert an industrial resource or critical technology item shortfall that would severely impair national defense capability. Therefore, pursuant to section 303(a)(7) of the Act, I waive the requirements of section 303(a)(1)-(a)(6) of the Act for the purpose of expand- ing such capability.

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21930

Register.

[FR Doc. 2026-08011

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21931

Presidential Determination No. 2026-10 of April 20, 2026

fense Production Act of 1950, as Amended, on Grid Infra- structure, Equipment, and Supply Chain Capacity

that America's inadequate energy production, transportation, and infrastruc- ture constitute an unusual and extraordinary threat to the Nation's economy, national security, and foreign policy. It further recognized that foreign adver- saries have exploited these vulnerabilities, and that an affordable and reliable domestic supply of energy, including the infrastructure needed to generate, transmit, and deliver it, is essential to ensuring United States defense readi- ness, economic strength, and energy independence. Consistent with that declaration, I find that America's aging and constrained electric grid infrastructure poses an increasing threat to national defense. The Nation's capacity to design, produce, and deploy large-scale grid infra- structure, including transformers, high-voltage transmission components, ad- vanced conductors, power electronics, substations, and grid-supporting man- ufacturing equipment, is dangerously limited. These supply chains face sig- nificant risks due to foreign competition, long production lead times, and an overreliance on imported equipment. As a result, the United States re- mains vulnerable in the event of war, disaster, or economic disruption.

(1) grid infrastructure and its associated upstream supply chains, including transformers, transmission lines and conductors, substations, high-voltage circuit breakers, power control electronics, protective relay systems, capac- itor banks, electrical core steel, and related raw materials and manufac- turing tools, are industrial resources, materials, or critical technology items essential to the national defense; the needed industrial resource, material, or critical technology items in a timely manner due to limited domestic production capacity, extended procurement timelines, foreign supply dependence, and insufficient capital investment; and

I further determine that action to expand the domestic capability to develop, manufacture, and deploy grid infrastructure and supporting industrial supply chains is necessary to avert an industrial resource or critical technology item shortfall that would severely impair national defense capability. There- fore, pursuant to section 303(a)(7) of the Act, I waive the requirements

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21932 of section 303(a)(1)-(a)(6) of the Act for the purpose of expanding such capability.

Register.

[FR Doc. 2026-08013

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21933

Presidential Determination No. 2026-11 of April 20, 2026

fense Production Act of 1950, as Amended, on Domestic Pe- troleum Production, Refining, and Logistics Capacity

generation capacity constitutes an unusual and extraordinary threat to the Nation's economy, national security, and foreign policy. It emphasized that our Nation's current inadequate and intermittent energy supply leaves us vulnerable to hostile foreign actors and poses an imminent and growing threat to the United States' prosperity and national security. Consistent with that declaration, I find that ensuring resilient domestic petroleum production, refining, and logistics capacity is central to United States defense readiness. Petroleum fuels the Nation's Armed Forces, indus- trial base, and crucial infrastructure. Without immediate Federal action, United States defense capabilities will remain vulnerable to disruption.

(1) domestic petroleum production, refining, and logistics capacity, includ- ing exploration and production, gathering and transmission pipelines, stor- age, and marine terminals, are industrial resources, materials, or critical technology items essential to the national defense;

a timely manner due to constrained financing, long lead times, permitting and infrastructure bottlenecks, and supply chain limitations; and

I further determine that action to expand the domestic petroleum production, refining, and logistics capacity is necessary to avert an industrial resource or critical technology item shortfall that would severely impair national defense capability. Therefore, pursuant to section 303(a)(7) of the Act, I waive the requirements of section 303(a)(1)-(a)(6) of the Act for the purpose of expanding such capability.

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21934

Register.

[FR Doc. 2026-08016

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21935

Presidential Determination No. 2026-12 of April 20, 2026

fense Production Act of 1950, as Amended, on Natural Gas Transmission, Processing, Storage, and Liquefied Natural Gas Capacity

that hostile foreign actors have weaponized America's reliance on foreign energy and used it to cause dramatic swings in international commodity markets, leaving the United States and its allies dangerously exposed. It emphasized that America must develop its capacity to supply reliable, diver- sified, and affordable energy to international allies and partners to compete with hostile foreign powers, strengthen relations with allies and partners, and support international peace and security. Consistent with that declaration, I find that ensuring sufficient natural gas and liquefied natural gas (LNG) capacity is critical to sustaining United States defense operations and ensuring allied energy security. Inadequate pipelines, processing, storage, or natural gas and LNG export capacity would leave the United States and its partners dangerously exposed in times of crisis.

(1) natural gas and LNG capacity, including gathering and transmission pipelines, compression, processing plants, underground storage, LNG lique- faction, storage and marine load, export facilities, and critical distribution infrastructure, are industrial resources, materials, or critical technology items essential to the national defense;

a timely manner due to financing constraints, long-lead equipment and construction schedules, permitting delays, and infrastructure bottlenecks; and

I further determine that action to expand domestic natural gas transmission, processing, storage, and LNG capacity is necessary to avert an industrial resource or critical technology item shortfall that would severely impair national defense capability. Therefore, pursuant to section 303(a)(7) of the Act, I waive the requirements of section 303(a)(1)-(a)(6) of the Act for the purpose of expanding such capability.

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21936

Register.

[FR Doc. 2026-08017

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i Reader Aids

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING APRIL Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register 202-741-6000 publishes separately a List of CFR Sections Affected (LSA), which General Information, indexes and other finding lists parts and sections affected by documents published since aids the revision date of each title. Laws 741-6000 and revoked by 2 CFR Permit of April 15, Executive orders and proclamations 741-6000 6001.................................17888 2026)............................21229 The United States Government Manual 741-6000 Permit of April 15, 6001.................................18134 Other Services 2026 .............................21209

Electronic and on-line services (voice) 741-6020 Permit of April 15, 3 CFR 2026 .............................21213 Privacy Act Compilation 741-6050 Proclamations: Permit of April 15, 11020...............................18183 2026 .............................21217 ELECTRONIC RESEARCH 11021...............................18201 Permit of April 15, 11022...............................20575 2026 .............................21221 World Wide Web Permit of April 15, Executive Orders: 14324 (amended by Full text of the daily Federal Register, CFR and other publications 2026 .............................21225 EO 14388)....................17839 is located at: www.govinfo.gov. Permit of April 15, 14388 (republication).......17839 2026 .............................21229 Federal Register information and research tools, including Public 14399...............................17125 Permit of April 15, Inspection List and electronic text are located at: 14400...............................18267 2026 .............................21233 www.federalregister.gov. 14401...............................21709 Permit of April 15,

E-mail 2026 .............................21237 Administrative Orders: Notices: Permit of April 15, FEDREGTOC (Daily Federal Register Table of Contents Electronic Notice of April 8, 2026 .............................21241 Mailing List) is an open e-mail service that provides subscribers Presidential 2026 .............................18765 with a digital form of the Federal Register Table of Contents. The Determinations: Notice of April 15, digital form of the Federal Register Table of Contents includes No. 2026-07 of April 2026 .............................20861 HTML and PDF links to the full text of each document. 20, 2026.......................21925 Orders: To join or leave, go to https://public.govdelivery.com/accounts/ No. 2026-08 of April Order of 3 April, USGPOOFR/subscriber/new, enter your email address, then 20, 2026.......................21927 2026 .............................18273 follow the instructions to join, leave, or manage your No. 2026-09 of April Presidential Permits: subscription. 20, 2026.......................21929 Permit of April 28,

No. 2026-10 of April 1953 (superseded PENS (Public Law Electronic Notification Service) is an e-mail 20, 2026.......................21931 and revoked by service that notifies subscribers of recently enacted laws. No. 2026-11 of April Permit of April 15, To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 20, 2026.......................21933 2026)............................21217 and select Join or leave the list (or change settings); then follow No. 2026-12 of April Permit of December the instructions. 20, 2026.......................21935 12, 1991 FEDREGTOC and PENS are mailing lists only. We cannot (superseded and 5 CFR respond to specific inquiries. revoked by Permit of 2419.................................21713 April 15, 2026) .............21233 Reference questions. Send questions and comments about the Permit of December Federal Register system to: fedreg.info@nara.gov 212...................................16584 12, 1991 The Federal Register staff cannot interpret specific documents or 213...................................16584 (superseded and regulations. 302...................................16584 revoked by Permit of 591...................................19057 April 15, 2026) .............21237 FEDERAL REGISTER PAGES AND DATE, APRIL 930...................................16584 Permit of June 16,

1994 (superseded 16151-16538 ....................... 1 532...................................19081 and revoked by 16539-16814 ....................... 2 550...................................19081 Permit of April 15, 16815-17128 ....................... 3 2026)............................21221 7 CFR 17129-17602 ....................... 6 Permit of April 8, 1996 17603-17756 ....................... 7 1b.....................................17061 (superseded and 17757-17838 ....................... 8 2.......................................18767 revoked by Permit of 17839-18274 ....................... 9 15f....................................20577 April 15, 2026) .............21213 18275-18766.........................10 16.....................................20577 Permit of July 23, 1998 18767-19056.........................13 400...................................16151 (superseded and 19057-20062.........................14 402...................................16151 revoked by Permit of 20063-20316.........................15 407...................................16151 April 15, 2026) .............21225 20317-20576.........................16 457...................................16151 Permit of June 10, 925...................................17845 20317-20576.........................16 2008 (superseded 956...................................16539 20577-20862.........................17 and revoked by 3560..........18275,18769, 20863 20863-21244.........................20 Permit of April 15,

21245-21372.........................21 2026)............................21241

21373-21712.........................22 Permit of October 13, 6.......................................17893

21713-21936.........................23 2017 (superseded 3555.................................20941

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ii Federal Register / Vol. 91, No. 78 / Thursday, April 23, 2026 / Reader Aids

9 CFR 22 CFR 36 CFR 73.........................17765, 21248

89.....................................20578 93.....................................18277 22.........................16837, 20583 91.....................................20578 13.....................................18340 95.....................................20068 24 CFR 10 CFR 39 CFR 97 ...........17603, 17604, 20321, 578...................................20898 1.......................................18772 20324 Ch. III...............................20073 582...................................20898 2...........................18772, 20063 107...................................20578 583...................................20898 10.....................................18772 135...................................20578 11.....................................18772 20.....................................20393 137...................................20578 26 CFR 19.....................................18772 111.......................16601, 19274

20.....................................18772 211...................................16601 1.......................................19026 27.....................................21268 21.....................................18772 300...................................20899 39 ...........16590, 16593, 16595, 40 CFR 25.....................................18772 16867, 16869, 17161, 17610, 26.....................................18772 52 ...........16550, 16553, 16555, 1.......................................20599 17614, 17772, 18333, 18790, 30.....................................18772 16556, 16558, 16562, 17144, 31.....................................20599 18792, 19087, 20079, 20081, 40.....................................18772 17852, 17855, 17857, 20363, 40.....................................18797 21269, 21738, 21741, 21744, 50 ...........17757, 18772, 20063, 20365, 20587, 21724, 21726 49.....................................18797 21747 21719 60.....................................18056 300.......................19090, 20968 71 ...........16168, 17164, 17616, 51.........................18772, 20063 63 ............16388, 16502, 20368 17618, 17775, 17906, 17908, 28 CFR 52.....................................20063 80.....................................16388 17909, 17910, 19089, 20380, 53.........................18772, 20063 81 ...........16558, 16562, 20369, 35.....................................20902 20598, 20944, 21273, 21394, 54.....................................21719 21729 21749 29 CFR 70.....................................18772 180 .........17607, 18294, 18299, 141...................................18337 72.........................16541, 18772 20589, 21386 1917.................................20583 73.....................................18772 271...................................16566 15 CFR 4044.................................16838 74.....................................18772 705...................................18786 8...........................20326, 20333 75.....................................18772 745...................................16578 500...................................21878 20.....................................20333 95.....................................18772 1090.................................16388 780...................................21878 28.....................................20334 140...................................18772 791...................................21878 774...................................17851 150...................................18772 52 ...........16605, 16614, 17913, 825...................................21878 950...................................19078 170...................................18772 18341, 18347, 18349, 18355, 1910.................................17165 1300.................................20582 171...................................18772 18372, 18383, 20394, 21751, 433...................................20868 30 CFR 21753 16 CFR 435...................................20868 62.....................................21758 56.....................................17143 1223.................................20875 455...................................19063 63.....................................21672 57.....................................17143 1239.................................16162 68.....................................16621 37.....................................17893 70.....................................16621 950...................................17912 Ch. I.................................20381 50.........................16584, 21732 81 ...........18355, 18372, 18383, 1.......................................21274 53.....................................16584 21753 31 CFR 54.....................................21732 82.....................................17176 17 CFR 1010.................................20362 72.....................................16588 141...................................17186 Ch. I.................................20880 257...................................18968 12 CFR 502...................................18582 232...................................20335 261...................................21760 1010 ........16328, 18582, 18704 1.......................................18279 42 CFR 1020.................................18704 240...................................20945 4.......................................18279 1021.................................18704 242...................................20945 30.........................16156, 18279 422...................................17384 1022.................................18704 302...................................18279 423...................................17384 18 CFR 1023.................................18704 364...................................18279 1024.................................18704 11.....................................21252 618...................................16815 403...................................19890 1025.................................18704 1002.................................21620 405.......................19312, 20397 20 CFR 1026.................................18704 412 .........17195, 17720, 19312, 1027.................................18704 404.......................16548, 16828 21.....................................18304 20397 1028.................................18704 406...................................16828 210...................................18330 413 ..........17678, 19312, 20397 1029.................................18704 324...................................18534 414...................................17195 1030.................................18704 21 CFR 326...................................18304 415.......................19312, 20397 1033.................................18582 330...................................18534 510...................................20337 418...................................17338

350...................................18534 516...................................20337 419.......................19312, 20397 32 CFR 607...................................21734 520...................................20337 422...................................19890

701...................................17769 522...................................20337 431...................................19890 310...................................18337 708a.................................21391 524...................................20337 438...................................19890

748...................................18304 558...................................20337 440...................................19890 33 CFR Ch. XV .............................16844 862...................................21376 457...................................19890 165.......................20912, 21263 866...................................21379 495.......................19312, 20397 14 CFR 868...................................21381 512.......................19312, 20397 100...................................17170 874...................................20348 25 ............20317, 20319, 20869 45 CFR 165...................................20392 882...................................21383 39 ...........16160, 16546, 16815, 888...................................20350 16818, 16821, 16824, 17129, 34 CFR 890...................................20352 17132, 17135, 17137, 17141, 96.....................................17777 1300.................................16167 75 (2 documents) ...........18774, 19066, 19068, 19070, 19073, 156...................................19890 1301.................................16167 18780 19076, 21245, 21373 162...................................19890 1304.................................16167 48.....................................20578 170...................................19890 1306.................................16167 61.....................................20578 Ch. II................................20607 261...................................17230 1307.................................16167 71 ...........16826, 17143, 17762, Ch. III...............................16599 1000.................................17777 1310.................................16831 17764, 17847, 17849, 17850, 600...................................21088 1080.................................17777

18773, 20579, 20581, 20874, 668...................................21088 1351.................................17235

21247, 21375 73.....................................16169 685...................................21088 1370.................................17239

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iii Federal Register / Vol. 91, No. 78 / Thursday, April 23, 2026 / Reader Aids

47 CFR 73.....................................18670 1552.................................17780 665...................................21265

679 .........16167, 16581, 16583, 1 ..............17863, 18670, 20372 49 CFR 1...........................20084, 20970 16840, 16842, 17767, 18303, 6.......................................20372 192...................................16167 2...........................17914, 20084 21267 7.......................................20372 571...................................17144 8.......................................21761 14.....................................20372 25 ............17914, 20084, 21761 17.....................................20610 43.....................................20372 27.....................................20084 367...................................17618 217...................................16893 51.........................20372, 20913 54.........................16871, 17888 571...................................16172 53.....................................20372 223...................................20260 64.........................17888, 21761 1102.................................19090 54.........................18134, 20372 622.......................16623, 21775 76.....................................21761 50 CFR 61.....................................20372 635...................................20619 101...................................20084 63.....................................20913 648...................................21779 216...................................20939 48 CFR 64.........................18134, 20372 217...................................20784 660...................................20624 Ch. 13..............................16578 65.....................................20372 600...................................17159 665...................................21782 68.....................................20372 622.......................16580, 21389 679...................................20085 69.....................................20372 1523.................................17780 648 ..........17766, 17767, 19079

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iv Federal Register / Vol. 91, No. 78 / Thursday, April 23, 2026 / Reader Aids

in today's List of Public enacted public laws. To subscribe, go to http:// Laws. Public Laws Electronic LIST OF PUBLIC LAWS listserv.gsa.gov/archives/ Notification Service Last List April 21, 2026 publaws-l.html (PENS) Note: This service is strictly Note: No public bills which for E-mail notification of new have become law were laws. The text of laws is not PENS is a free electronic mail received by the Office of the available through this service. Federal Register for inclusion notification service of newly PENS cannot respond to specific inquiries sent to this address.

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