46803 Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Proposed Rules 
the content requirements of paragraph 
(b) of this section will be considered incomplete. DOE will notify the petitioner of an incomplete petition via email. 
(3) Criteria for granting. DOE will 
grant an interim waiver from the test procedure requirements if it appears likely that the petition for waiver will be granted and/or if DOE determines that it would be desirable for public policy reasons to grant immediate relief pending a determination on the petition for waiver. Notice of DOE’s determination on the petition for interim waiver will be published in the Federal Register. 
* * * * * 
(g) Extension to additional basic 
models. A petitioner may request that 
DOE extend the scope of a waiver or an 
interim waiver to include additional basic models employing the same technology as the basic model(s) set forth in the original petition. The petition for extension must identify the particular basic model(s) for which a waiver extension is requested, each brand name under which the identified basic model(s) will be distributed in commerce, and documentation supporting the claim that the additional basic models employ the same technology as the basic model(s) set forth in the original petition. DOE will publish any such extension in the Federal Register. 
(h) Duration. (1) Within one year of 
issuance of an interim waiver, DOE will either: 
(i) Publish in the Federal Register a 
final determination on the petition for waiver; or 
(ii) Publish in the Federal Register a 
new or amended test procedure that addresses the issues presented in the waiver. 
(2) When DOE publishes a decision 
and order on a petition for waiver in the Federal Register pursuant to paragraph (f) of this section, the interim waiver will 180 days after the publication date of the decision and order 
(3) When DOE amends the test 
procedure to address the issues presented in a waiver, the waiver or interim waiver will automatically terminate on the date on which use of that test procedure is required to demonstrate compliance. 
(i) Compliance certification and 
representations. (1) If the interim waiver 
test procedure methodology is different than the decision and order test procedure methodology, certification reports to DOE required under 10 CFR 429.12 and any representations may be based on either of the two methodologies until 180–360 days after 
the publication date of the decision and order, as specified by DOE in the decision and order. Thereafter, certification reports and any representations must be based on the decision and order test procedure methodology unless otherwise specified by DOE. Once a manufacturer uses the decision and order test procedure methodology in a certification report or any representation, all subsequent certification reports and any representations must be made using the decision and order test procedure methodology while the waiver is valid. 
(2) When DOE publishes a new or 
amended test procedure, certification reports to DOE required under 10 CFR 429.12 and any representations may be based on the testing methodology of an applicable waiver or interim waiver, or the new or amended test procedure until the date on which use of such test procedure is required to demonstrate compliance unless otherwise specified by DOE in the test procedure final rule. Thereafter, certification reports and any representations must be based on the test procedure final rule methodology. Once a manufacturer uses the test procedure final rule methodology in a certification report or any representation, all subsequent certification reports and any representations must be made using the test procedure final rule methodology. 
(j) Petition for waiver required of other 
manufactures. Any manufacturer of a 
basic model employing a technology or characteristic for which a waiver was granted for another basic model and that results in the need for a waiver (as specified by DOE in a published decision and order in the Federal Register) must petition for and be granted a waiver for that basic model. Manufacturers may also submit a request for interim waiver pursuant to the requirements of this section. 
(k) Rescission or modification. (1) 
DOE may rescind or modify a waiver or interim waiver at any time upon DOE’s determination that the factual basis underlying the petition for waiver or interim waiver is incorrect, upon a determination that the results from the alternate test procedure are unrepresentative of the basic model(s)’ true energy consumption characteristics, 
or for other appropriate reason. Waivers and interim waivers are conditioned upon the validity of statements, representations, and documents provided by the requestor; any evidence that the original grant of a waiver or interim waiver was based upon inaccurate information will weigh against continuation of the waiver. DOE’s decision will specify the basis for its determination and, in the case of a modification, will also specify the change to the authorized test procedure. 
* * * * * 
[FR Doc. 2021–16341 Filed 8–19–21; 8:45 am] 
BILLING CODE 6450–01–P 
DEPARTMENT OF HEALTH AND 
HUMAN SERVICES 
Food and Drug Administration 
21 CFR Part 73 
[Docket No. FDA–2021–C–0787] 
Piotrovska, PTY LTD.; Filing of Color 
Additive Petition 
AGENCY : Food and Drug Administration, 
HHS. 
ACTION : Notification of petition. 
SUMMARY : The Food and Drug 
Administration (FDA or we) is announcing that we have filed a petition, submitted by Australian Laboratory Services, PTY LTD., on behalf of Piotrovska, PTY LTD., proposing that the color additive regulations be amended to expand the permitted uses of synthetic iron oxide as a color additive to include use in edible decorative paint. 
DATES : The color additive petition was 
filed on June 28, 2021. 
ADDRESSES : For access to the docket to 
read background documents or comments received, go to https://www.regulations.gov and insert the 
docket number found in brackets in the heading of this document into the ‘‘Search’’ box and follow the prompts, and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. 
FOR FURTHER INFORMATION CONTACT : 
Stephen DiFranco, Center for Food Safety and Applied Nutrition, Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240–402–2710; or Jessica Larkin, Office of Regulations and Policy (HFS–024), Center for Food Safety and Applied Nutrition, Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240–402–2378. 
SUPPLEMENTARY INFORMATION : Under the 
Federal Food, Drug, and Cosmetic Act (section 721(d)(1) (21 U.S.C. 379e(d)(1))), we are giving notice that we have filed a color additive petition (CAP 1C0321), submitted by Australian Laboratory Services, PTY LTD., on behalf of Piotrovska, PTY LTD., Australian Laboratory Services, PTY LTD., 2–8 South Street Unit 10, Rydalmere, NSW, 2116, Australia. The 
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petition proposes to amend the color 
additive regulations at 21 CFR 73.200, a color additive regulation in 21 CFR part 73, ‘‘Listing of Color Additives Exempt From Certification’’) by expanding the permitted uses of synthetic iron oxide as a color additive to include use in edible decorative paint. 
The petitioner has claimed that this 
action is categorically excluded under 21 CFR 25.32(k) because the substance is intended to remain in food through ingestion by consumers and is not intended to replace macronutrients in food. In addition, the petitioner has stated that, to their knowledge, no extraordinary circumstances exist that would warrant an environmental assessment (see 21 CFR 25.21). If FDA determines a categorical exclusion applies, neither an environmental assessment nor an environmental impact statement is required. If FDA determines a categorical exclusion does not apply, we will request an environmental assessment and make it available for public inspection. 
Dated: August 13, 2021. 
Lauren K. Roth, 
Acting Principal Associate Commissioner for 
Policy. 
[FR Doc. 2021–17770 Filed 8–19–21; 8:45 am] 
BILLING CODE 4164–01–P 
FEDERAL COMMUNICATIONS 
COMMISSION 
47 CFR Parts 10 and 11 
[PS Docket Nos. 15–94 and 15–91; FCC 21– 
77; FR ID 37636] 
Emergency Alert System, Wireless 
Emergency Alerts; National Defense Authorization Act for Fiscal Year 2021 
AGENCY : Federal Communications 
Commission. 
ACTION : Proposed rule. 
SUMMARY : In this document, the Federal 
Communications Commission (the FCC or Commission) seeks comment on several recommendations made by the Federal Emergency Management Agency (FEMA) to revise the Emergency Alert System (EAS) rules to delete outdated references, re-name certain EAS terms to enhance public awareness, and update EAS capabilities for alerts that are persistent during certain extreme emergencies. 
DATES : Comments are due on or before 
October 19, 2021, and reply comments are due November 18, 2021. 
ADDRESSES : You may submit comments, 
identified by PS Docket Nos. 15–94 and 15–91, by any of the following methods: •Federal Communications 
Commission’s Website: http://apps.fcc.gov/ecfs/. Follow the 
instructions for submitting comments. 
•Mail: Parties who choose to file by 
paper must file an original and one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express, and Priority mail must be addressed to 45 L Street NE, Washington, DC 20554. 
For detailed instructions for 
submitting comments and additional information on the rulemaking process, see the 
SUPPLEMENTARY INFORMATION  
section of this document. 
FOR FURTHER INFORMATION CONTACT : 
David Munson, Attorney Advisor, Public Safety and Homeland Security Bureau at 202–418–2921 or David.Munson@fcc.gov. 
SUPPLEMENTARY INFORMATION : This is a 
summary of the Commission’s Report and Order and Further Notice of Proposed Rulemaking (R&O and FNPRM), in PS Docket Nos. 15–94 and 15–91, FCC 21–77, adopted and released on June 17, 2021. The full text of this document is available at https://www.fcc.gov/document/fcc-further- strengthens-emergency-alerting-0. 
Pursuant to §§ 1.415 and 1.419 of the 
Commission’s rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS). See Electronic Filing of 
Documents in Rulemaking Proceedings, 63 FR 24121 (1998). 
•Electronic Filers: Comments may be 
filed electronically using the internet by accessing the ECFS: http://apps.fcc.gov/ ecfs/. 
•Paper Filers: Parties who choose to 
file by paper must file an original and one copy of each filing. 
•Filings can be sent by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the 
Secretary, Federal Communications Commission. 
•Commercial overnight mail (other 
than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express, and Priority mail must be addressed to 45 L Street NE, Washington, DC 20554. 
•Effective March 19, 2020, and until 
further notice, the Commission no longer accepts any hand or messenger delivered filings. This is a temporary measure taken to help protect the health and safety of individuals, and to mitigate the transmission of COVID–19. See FCC Announces Closure of FCC Headquarters Open Window and Change in Hand-Delivery Policy, Public Notice, DA 20–304 (March 19, 2020). https://www.fcc.gov/document/fcc- closes-headquarters-open-window-and- changes-hand-delivery-policy. 
People with Disabilities: To request 
materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an email to fcc504@fcc.gov or call 
the Consumer & Governmental Affairs Bureau at 202–418–0530 (voice), 202– 418–0432 (TTY). 
The proceeding the FNPRM initiates 
shall be treated as a ‘‘permit-but- disclose’’ proceeding in accordance with the Commission’s ex parte rules, 47 CFR 1.1200 et seq. Persons making ex 
parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the 
presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and 
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