64366 Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Rules and Regulations 

PART 1310—RECORDS AND 

REPORTS OF LISTED CHEMICALS 

AND CERTAIN MACHINES; 

IMPORTATION AND EXPORTATION OF 

CERTAIN MACHINES 

■ 1. The authority citation for 21 CFR 

part 1310 continues to read as follows: 

Authority: 21 U.S.C. 802, 827(h), 830, 

871(b), 890. 

■ 2. In § 1310.02, add paragraph (a)(37) 

to read as follows: 

§ 1310.02 Substances covered. 

* * * * * 

(a) * * * 

(37) methyl alpha-phenylacetoacetate 

(MAPA; methyl 3-oxo-2- 

phenylbutanoate) and its optical isomers 8795 

* * * * * 

■ 3. In § 1310.04: 

■ a. Redesignate paragraphs (g)(1)(x) 

through (xvi) as paragraphs (g)(1)(xi) 

through (xvii), respectively; and 

■ b. Add new paragraph (g)(1)(x). 

The addition reads as follows: 

§ 1310.04 Maintenance of records. 

* * * * * 

(g) * * * 

(1) * * * 

(x) methyl alpha-phenylacetoacetate 

(MAPA; methyl 3-oxo-2- 

phenylbutanoate) and its optical 

isomers 

* * * * * 

■ 4. In § 1310.09, add paragraph (r) to 

read as follows: 

§ 1310.09 Temporary exemption from 

registration. 

* * * * * 

(r)(1) Each person required under 21 

U.S.C. 822 and 957 to obtain a 

registration to manufacture, distribute, 

import, or export regulated forms of 

methyl alpha-phenylacetoacetate 

(MAPA; methyl 3-oxo-2- 

phenylbutanoate) and its optical 

isomers, including regulated chemical 

mixtures pursuant to § 1310.12, is 

temporarily exempted from the 

registration requirement, provided that 

DEA receives a properly completed 

application for registration or 

application for exemption for a 

chemical mixture containing regulated 

forms of MAPA pursuant to § 1310.13 

on or before December 20, 2021. The 

exemption would remain in effect for 

each person who has made such 

application until the Administration has 

approved or denied that application. 

This exemption applies only to 

registration; all other chemical control 

requirements set forth in the Act and 

parts 1309, 1310, 1313, and 1316 of this 

chapter remain in full force and effect. 

(2) Any person who manufactures, 

distributes, imports, or exports a 

chemical mixture containing regulated 

forms of methyl alphaphenylacetoacetate (MAPA; methyl 3- 

oxo-2-phenylbutanoate) and its optical 

isomers whose application for 

exemption is subsequently denied by 

DEA must obtain a registration with 

DEA. A temporary exemption from the 

registration requirement would also be 

provided for those persons whose 

application for exemption is denied, 

provided that DEA receives a properly 

completed application for registration 

on or before 30 days following the date 

of official DEA notification that the 

application for exemption has been 

denied. The temporary exemption for 

such persons would remain in effect 

until DEA takes final action on their 

registration application. 

■ 5. In § 1310.12, in the Table of 

Concentration Limits under List I 

Chemicals in paragraph (c), add an entry 

for ‘‘methyl alpha-phenylacetoacetate 

(MAPA; methyl 3-oxo-2- 

phenylbutanoate)’’ in alphabetical order 

to read as follows: 

§ 1310.12 Exempt chemical mixtures. 

* * * * * 

(c) * * * 

TABLE OF CONCENTRATION LIMITS

DEA chemical 

code No. Concentration Special conditions 

List I Chemicals 

*******

methyl alpha-phenylacetoacetate (MAPA; 

methyl 3-oxo-2-phenylbutanoate) and its optical isomers.

8795 Not exempt at any concentration.Chemical mixtures containing any amount of 

MAPA and its optical isomers are not exempt. 

*******

* * * * * 

Anne Milgram, 

Administrator. 

[FR Doc. 2021–24952 Filed 11–17–21; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Parts 1910, 1915, 1917, 1918, 

1926, and 1928 

[Docket No. OSHA–2021–007] 

COVID–19 Vaccination and Testing; 

Emergency Temporary Standard; 

Ratification of Department’s Actions 

AGENCY: Occupational Safety and Health 

Administration, Department of Labor 

(DOL). 

ACTION: Ratification. 

SUMMARY: The Department of Labor is 

publishing notification of the Secretary 

of Labor’s ratification of a rule. 

DATES: The ratification was signed on 

November 12, 2021. 

FOR FURTHER INFORMATION CONTACT: 

General information and press 

inquiries: Contact Frank Meilinger, 

OSHA Office of Communications, U.S. 

Department of Labor; telephone (202) 

693–1999; email: OSHAComms@

dol.gov. 

For technical inquiries: Contact 

Andrew Levinson, OSHA Directorate of 

Standards and Guidance, U.S. 

Department of Labor; telephone (202) 

693–1950; email: ETS@dol.gov. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Rules and Regulations 64367 

SUPPLEMENTARY INFORMATION: On 

November 12, 2021, the Secretary of 

Labor ratified an interim final rule 

codifying an emergency temporary 

standard to protect unvaccinated 

employees of large employers from the 

risk of contracting COVID–19. See 

Interim Final Rule, COVID–19 

Vaccination and Testing; Emergency 

Temporary Standard, 86 FR 61402 

(November 5, 2021) (the ‘‘Interim Final 

Rule’’). The Department is now 

publishing the ratification in the 

Federal Register out of an abundance of 

caution. Neither the ratification nor the 

publication is a statement that the 

ratified action would be invalid absent 

the ratification, whether published or 

otherwise. 

Appendix 

Ratification 

By virtue of the authority vested in the 

Secretary of Labor by law, including 33 

U.S.C. 941 and 29 U.S.C. 653, 655, 657, I am 

affirming and ratifying a prior action by 

Acting Assistant Secretary James S. 

Frederick. On November 5, 2021, the 

Occupational Safety and Health 

Administration published in the Federal 

Register an interim final rule codifying an 

emergency temporary standard to protect 

unvaccinated employees of large employers 

from the risk of contracting COVID–19. See 

Interim Final Rule, COVID–19 Vaccination 

and Testing; Emergency Temporary 

Standard, 86 FR 61402 (November 5, 2021) 

(the ‘‘Interim Final Rule’’). 

The Interim Final Rule was signed by 

James S. Frederick, Principal Deputy 

Assistant Secretary of Labor for Occupational 

Safety and Health, who was serving as Acting 

Assistant Secretary of Labor for Occupational 

Safety and Health before the current 

Assistant Secretary of Labor for Occupational 

Safety and Health assumed office. Questions 

have been raised in litigation, however, 

concerning Mr. Frederick’s authority to sign 

the interim final rule. 

Out of an abundance of caution, to avoid 

any doubt as to its validity, I have 

independently evaluated the Interim Final 

Rule and the basis for adopting it. I now 

affirm and ratify the Interim Final Rule, 

without deference to Mr. Frederick’s prior 

decision. In my considered and independent 

judgment, the Interim Final Rule was and 

remains necessary to protect unvaccinated 

employees against the grave danger of 

exposure to the virus that causes COVID–19. 

I have full and complete knowledge of the 

Interim Final Rule action taken by former 

Acting Assistant Secretary Frederick. I have 

also determined that the assessment of grave 

danger in the Interim Final Rule and the 

Rule’s assessment of how best to respond to 

that danger remain valid based on my 

assessment of the situation at the time of this 

ratification. Pursuant to my authority as the 

Secretary of Labor, and based on my 

independent review of the action and the 

reasons for taking it, I hereby affirm and 

ratify the Interim Final Rule, as of October 

26, 2021. 

Martin J. Walsh, 

Secretary of Labor. 

[FR Doc. 2021–25167 Filed 11–15–21; 4:15 pm] 

BILLING CODE 4510–HL–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 310 

[Docket ID: DoD–2021–OS–0088] 

RIN 0790–AL42 

Protection of Privacy and Access to 

and Amendment of Individual Records 

Under the Privacy Act of 1974; 

Technical Amendment 

AGENCY: Department of Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is making a technical 

amendment to reinstate an appendix to 

its Privacy Program regulation that was 

erroneously deleted when the regulation 

was previously revised. The appendix 

contained a list of blanket routine uses 

that are included by reference in many 

DoD Privacy Act systems of records 

notices (SORNs). 

DATES: This rule is effective November 

18, 2021. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lyn Kirby, OSD.DPCLTD@mail.mil; 

(703) 571–0070. 

SUPPLEMENTARY INFORMATION: This final 

rule amends 32 CFR part 310, 

‘‘Protection of Privacy and Access to 

and Amendment of Individual Records 

under the Privacy Act of 1974,’’ to 

reinstate DoD’s blanket routine uses. 

The appendix which enumerated DoD’s 

blanket routine uses was erroneously 

removed when 32 CFR part 310 was 

revised on April 11, 2019 (84 FR 14728– 

14811). 

A ‘‘routine use’’ is defined in the 

Privacy Act as ‘‘with respect to the 

disclosure of a record, the use of such 

record for a purpose which is 

compatible with the purpose for which 

it was collected.’’ See 5 U.S.C. 

552a(a)(7). Routine uses are included in 

individual agency SORNs to allow the 

agency to disclose records from a 

particular system of records to 

individuals or entities in accordance 

with the terms of the routine use. Some 

agencies have established a set of 

routine uses that apply to a wide array 

of published agency SORNs, sometimes 

referred to as blanket routine uses. Their 

purpose is to provide consistent 

information sharing authority across the 

SORNs for common or noncontroversial purposes. Examples of 

routine uses that are typically included 

in blanket routine uses are ones that 

allow agencies to share information 

with members of Congress inquiring on 

behalf of a constituent, with the 

Department of Justice when litigation 

arises, and with agency contractors for 

purposes outlined in the contract. 

DoD had previously published a list 

of 14 blanket routine uses in an 

appendix to a prior publication of the 

DoD Privacy Program regulation on 

April 13, 2007 (72 FR 18758). In the 

2019 update, all appendices to the prior 

regulation were removed; however, the 

appendix containing the DoD blanket 

routine uses (appendix C) should have 

remained because numerous DoD 

SORNs refer to and incorporate the 

blanket routine uses to support 

necessary information sharing. This 

technical amendment seeks to remedy 

this error by restoring the blanket 

routine uses as appendix A to part 310. 

This will provide clear public notice of 

the existence and ongoing use of the 

blanket routine uses at DoD. A list of 

DoD’s blanket routine uses has also 

continued to be available on the DoD 

Privacy Program website since the DoD 

Privacy Program regulation was 

published in 2019. 

Regulatory Analysis 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distribute impacts, and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. It has been determined that 

this rule is not a significant regulatory 

action. 

Congressional Review Act 

This rule is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

It has been determined that this rule 

does not involve a Federal mandate that 

may result in the expenditure by State, 

local and tribal governments, in the 

aggregate, or by the private sector, of 


khammond on DSKJM1Z7X2PROD with RULES