Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Proposed Rules 46803 

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 


khammond on DSKJM1Z7X2PROD with PROPOSALS
46804 Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Proposed Rules 

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-furtherstrengthens-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/fcccloses-headquarters-open-window-andchanges-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-butdisclose’’ 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 


khammond on DSKJM1Z7X2PROD with PROPOSALS