Deletion of Item From November 18, Open Meeting

CourtFederal Communications Commission
Citation86 FR 66550
Record Number2021-25591
Publication Date23 November 2021
66550
Federal Register / Vol. 86, No. 223 / Tuesday, November 23, 2021 / Notices
that the court vacate the Agency’s
decision to withdraw the 2014 Proposed
Determination and remand the action to
the Agency to reconsider its action. In
its motion, EPA explained that, in
making the withdrawal decision, the
Agency had not addressed the ‘‘unlikely
to have an unacceptable adverse effect’’
standard that the Ninth Circuit
subsequently held must be met when
EPA withdraws a proposed
determination and that such an
omission ‘‘was serious and
fundamental.’’ The District Court
granted EPA’s motion on October 29,
2021.
III. Legal Background
A. CWA Section 404(c)
CWA section 404(a) allows the Corps
to issue permits authorizing the
discharge of dredged or fill material at
specified disposal sites. Section 404(b)
provides that ‘‘[s]ubject to subsection (c)
..., each such disposal site shall be
specified for each such permit by the
Secretary. . . .’’ CWA Section 404(c)
authorizes EPA to prohibit the
specification of any defined area or
deny or restrict the use of any defined
area as a disposal site for the discharge
of dredged or fill material into waters of
the United States within the defined
area ‘‘whenever’’ it determines that the
discharge of such material into such
area will have ‘‘an unacceptable adverse
effect on municipal water supplies,
shellfish beds and fishery areas
(including spawning and breeding
areas), wildlife, or recreational areas.’’
33 U.S.C. 1344(c).
B. CWA Section 404(c) Regulations
EPA’s regulations at 40 CFR part 231
provide a four-step process for the
Agency to follow in exercising its 404(c)
authority.
Step 1: Initial Notification. If the EPA
Regional Administrator has reason to
believe, after evaluating available
information, that an unacceptable
adverse effect could result from the
specification or use for specification of
a defined area as a disposal site, the
Regional Administrator may initiate the
section 404(c) process by notifying the
Corps, the applicant (if any), and the
owner of record of the site that s/he
intends to issue a public notice of the
proposed determination to prohibit or
withdraw the specification, or to deny,
restrict or withdraw the use for
specification, whichever the case may
be, of any defined area as a disposal site.
40 CFR 231.3(a)(1).
Step 2: Proposed Determination. If
within 15 days of receipt of the Regional
Administrator’s notice under Step 1, it
has not been demonstrated to the
satisfaction of the Regional
Administrator that no unacceptable
adverse effect(s) will occur or the Corps
does not notify the Regional
Administrator of its intent to take
corrective action to prevent an
unacceptable adverse effect satisfactory
to the Regional Administrator, the
Regional Administrator must publish a
notice of the proposed determination in
the Federal Register, soliciting public
comment and offering an opportunity
for public hearing. 40 CFR 231.3(a)(2);
40 CFR 231.3(b).
Step 3: Withdrawal of Proposed
Determination or Preparation of
Recommended Determination. Within
30 days after the conclusion of the
public hearing (but not before the end
of the comment period), or, if no hearing
is held, within 15 days after the
expiration of the comment period on the
public notice of the proposed
determination, the Regional
Administrator must either withdraw the
proposed determination or prepare a
recommended determination. If the
Regional Administrator prepares a
recommended determination, the
Regional Administrator must promptly
forward the recommended
determination and administrative record
to the Assistant Administrator for
Water. 40 CFR 231.5(a) and(b).
Step 4: Final Determination. Within
30 days of receipt of the
recommendations and administrative
record, the Assistant Administrator for
Water shall initiate consultation with
the Corps, the applicant (if any), and the
owner of record of the site. Each of
those parties shall have 15 days to
notify the Assistant Administrator for
Water of their intent to take corrective
action to prevent unacceptable adverse
effects, satisfactory to the Assistant
Administrator for Water. Within 60 days
of receipt of the recommendations and
administrative record, the Assistant
Administrator for Water shall make a
final determination affirming,
modifying, or rescinding the
recommended determination.
EPA’s regulations authorize it to
extend the regulatory deadlines ‘‘upon a
showing of good cause.’’ 40 CFR 231.8.
‘‘Notice of any such extension shall be
published in the Federal Register and,
as appropriate, through other forms of
notice.’’ Id.
IV. Extension of Regulatory Time
Requirements for Good Cause
The District Court’s vacatur of the
decision to withdraw the 2014 Proposed
Determination reinstates the 2014
Proposed Determination and reinitiates
the CWA section 404(c) review process.
The next step in the CWA section 404(c)
review process requires the Region 10
Regional Administrator to, within 30
days, decide whether to withdraw the
2014 Proposed Determination or prepare
a recommended determination. See 40
CFR 231.5(a). EPA Region 10’s 2014
Proposed Determination relied on EPA’s
authority under section 404(c) of the
CWA; was issued in accordance with
the regulations at 40 CFR part 231; and
reflected EPA Region 10’s robust
consideration of the extensive science
and technical information available to
the Agency at the time. Since EPA
issued the 2014 Proposed
Determination, new information has
become available, including the
voluminous public comments EPA
received on the 2014 Proposed
Determination; technical information
contained in PLP’s CWA section 404
permit application and updated mine
plan; analysis developed during the
NEPA process and contained in Corps’
Final EIS and its permit denial; as well
as new and potentially relevant science
and technical information produced
through other contemporaneous efforts.
EPA has concluded that it should
consider this information in its
decision-making. EPA has therefore
determined that good cause exists under
40 CFR 231.8 to extend the thirty-day
regulatory time requirement in 40 CFR
231.5(a). An extension through May 31,
2022 will allow the Region 10 Regional
Administrator to consider available
information in order to determine
appropriate next steps, which may
include revising the 2014 Proposed
Determination.
Dated: November 17, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2021–25515 Filed 11–22–21; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
[FR ID 58790]
Deletion of Item From November 18,
Open Meeting
The following item has been adopted
by the Commission and deleted from the
list of items scheduled for consideration
at the Thursday, November 18 2021,
Open Meeting. This item was previously
listed in the Commission’s Notice of
Wednesday, November 10, 2021.
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66551
Federal Register / Vol. 86, No. 223 / Tuesday, November 23, 2021 / Notices
3 .............. MEDIA ......................................................... Title: Updating FM Radio Directional Antenna Verification (MB Docket No. 21–422).
Summary: The Commission will consider a Notice of Proposed Rulemaking to allow
applicants proposing directional FM antennas the option of verifying the directional
antenna pattern through computer modeling.
* * * * *
The meeting will be webcast with
open captioning at: www.fcc.gov/live.
Open captioning will be provided as
well as a text only version on the FCC
website. Other reasonable
accommodations for people with
disabilities are available upon request.
In your request, include a description of
the accommodation you will need and
a way we can contact you if we need
more information. Last minute requests
will be accepted but may be impossible
to fill. Send an email to: fcc504@fcc.gov
or call the Consumer & Governmental
Affairs Bureau at 202–418–0530.
Additional information concerning
this meeting may be obtained from the
Office of Media Relations, (202) 418–
0500. Audio/Video coverage of the
meeting will be broadcast live with
open captioning over the internet from
the FCC Live web page at www.fcc.gov/
live.
Dated: November 18, 2021.
Marlene Dortch,
Secretary.
[FR Doc. 2021–25591 Filed 11–22–21; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL MARITIME COMMISSION
Notice of Agreement Filed
The Commission hereby gives notice
of the filing of the following agreement
under the Shipping Act of 1984.
Interested parties may submit
comments, relevant information, or
documents regarding the agreement to
the Secretary by email at Secretary@
fmc.gov, or by mail, Federal Maritime
Commission, Washington, DC 20573.
Comments will be most helpful to the
Commission if received within 12 days
of the date this notice appears in the
Federal Register. Copies of agreement
are available through the Commission’s
website (www.fmc.gov) or by contacting
the Office of Agreements at (202) 523–
5793 or tradeanalysis@fmc.gov.
Agreement No.: 012246–001.
Agreement Name: EUKOR/Mitsui
O.S.K. Lines, Ltd. Space Charter
Agreement.
Parties: EUKOR Car Carriers, Inc.; and
Mitsui O.S.K. Lines, Ltd.
Filing Party: Rebecca Fenneman;
Jeffrey/Fenneman Law and Strategy
PLLC.
Synopsis: The amendment would
update EUKOR’s address and remove all
authority for the parties to jointly
negotiate or procure terminal services in
the United States.
Proposed Effective Date: 12/24/2021.
Location: https://www2.fmc.gov/
FMC.Agreements.Web/Public/
AgreementHistory/303.
Agreement No.: 201333–002.
Agreement Name: North Carolina-
Virginia Port Terminal Cooperative
Working Agreement.
Parties: North Carolina State Ports
Authority; Virginia International
Terminals, LLC; and Virginia Port
Authority.
Filing Party: David Monroe; GKG Law,
P.C.
Synopsis: The amendment extends
the duration of the Agreement through
December 31, 2022.
Proposed Effective Date: 12/25/2021.
Location: https://www2.fmc.gov/
FMC.Agreements.Web/Public/
AgreementHistory/27474.
Dated: November 18, 2021.
Rachel E. Dickon,
Secretary.
[FR Doc. 2021–25520 Filed 11–22–21; 8:45 am]
BILLING CODE 6730–02–P
FEDERAL MEDIATION AND
CONCILIATION SERVICE
Privacy Act of 1974; System of
Records
AGENCY
: Federal Mediation and
Conciliation Service.
ACTION
: Notice of a modified system of
records.
SUMMARY
: In accordance with the
Privacy Act of 1974, the Federal
Mediation and Conciliation Service
(FMCS) proposes to amend and reissue
a current system of records notice, titled
FMCS–0005, Religious Accommodation
System, with a change in title to
Reasonable Accommodation System.
The system will include information
that FMCS collects and maintains for
applicants for employment and federal
employees who request and/or receive
reasonable accommodations for medical
or religious reasons. The notice
amendment adds medical
accommodations. It also includes
administrative updates to refine details
published under the summary,
supplementary information, system
name, authority for maintenance of the
system, purpose of the system,
categories of individuals covered by the
system, categories of records in the
system, record source categories, routine
uses, policies and practices for storage
of records, administrative safeguards,
and record access procedures. These
sections are amended to refine
previously published information about
the system of records. The addresses, for
further information contact, system
number, security classification, system
location, system managers, policies and
practices for retrieval of records,
policies and practices for retention and
disposal of records, contesting records,
and notification procedures remain
unchanged. This amended SORN
deletes and supersedes the SORN
published in Federal Register on
October 27, 2021.
DATES
: This system of records will be
effective without further notice on
December 23, 2021 unless otherwise
revised pursuant to comments received.
New routine uses will be effective on
December 23, 2021. Comments must be
received on or before December 23,
2021.
ADDRESSES
: You may send comments,
identified by FMCS–0005 by any of the
following methods:
Mail: Office of General Counsel, 250
E Street SW, Washington, DC 20427.
Email: ogc@fmcs.gov. Include
FMCS–0005 on the subject line of the
message.
Fax: (202) 606–5444.
FOR FURTHER INFORMATION CONTACT
:
Doug Jones, Director of Information
Technology, at djones@fmcs.gov or 202–
606–5483.
SUPPLEMENTARY INFORMATION
: The notice
amendment adds medical
accommodations. It also includes
administrative updates to refine details
published under the summary,
supplementary information, system
name, authority for maintenance of the
system, purpose of the system,
categories of individuals covered by the
system, categories of records in the
system, record source categories, routine
uses, policies and practices for storage
of records, administrative safeguards,
and record access procedures. These
sections are amended to refine
previously published information about
the system of records. The addresses, for
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