51092 Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Proposed Rules 

our proposals in the FNPRM. We expect 

to consider the economic impact on 

small entities as part of review of 

comments filed in response to the 

FNPRM and this IFRA. 

F. Federal Rules That May Duplicate, 

Overlap, or Conflict With the Proposed 

Rules 

60. None. 

III. Procedural Matters 

61. Regulatory Flexibility Act. The 

RFA, requires that an agency prepare a 

regulatory flexibility analysis for noticeand-comment rulemaking proceedings, 

unless the agency certifies that ‘‘the rule 

will not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities.’’ 

Accordingly, the Commission has 

prepared an IRFA concerning potential 

rule and policy changes contained in 

this FNPRM. 

62. Paperwork Reduction Act. This 

document contains proposed new or 

modified information collection 

requirements. The Commission, as part 

of its continuing effort to reduce 

paperwork burdens, invites the general 

public and the Office of Management 

and Budget (OMB) to comment on the 

information collection requirements 

contained in this document, as required 

by the Paperwork Reduction Act of 

1995, Public Law 104–13. In addition, 

pursuant to the Small Business 

Paperwork Relief Act of 2002, Public 

Law 107–198, see 44 U.S.C. 3506(c)(4), 

we seek specific comment on how we 

might further reduce the information 

collection burden for small business 

concerns with fewer than 25 employees. 

63. Comment Period and Filing 

Requirements. 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 ECFS. 

See Electronic Filing of Documents in 

Rulemaking Proceedings, 63 FR 24121 

(May 1, 1998). 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing the ECFS: http://www.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. 

64. 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, 35 FCC Rcd 2788, 2788–89 (OS 

2020), https://www.fcc.gov/document/ 

fcc-closes-headquarters-open-windowand-changes-hand-delivery-policy. 

65. 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). 

66. The proceeding this FNPRM 

initiates shall be treated as a ‘‘permitbut-disclose’’ proceeding in accordance 

with the Commission’s ex parte rules. 

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 

must be filed consistent with rule 

§ 1.1206(b). In proceedings governed by 

rule § 1.49(f) or for which the 

Commission has made available a 

method of electronic filing, written ex 

parte presentations and memoranda 

summarizing oral ex parte 

presentations, and all attachments 

thereto, must be filed through the 

electronic comment filing system 

available for that proceeding, and must 

be filed in their native format (e.g., .doc, 

.xml, .ppt, searchable .pdf). Participants 

in this proceeding should familiarize 

themselves with the Commission’s ex 

parte rules. 

67. Contact Person. For further 

information about this proceeding, 

please contact Jordan Reth, FCC 

Wireline Competition Bureau, 

Competition Policy Division, at (202) 

418–1418, or Jordan.Reth@fcc.gov. 

IV. Ordering Clauses 

68. Accordingly, it is ordered that, 

pursuant to sections 1, 3, 4, 201–205, 

251, and 303(r) of the Communications 

Act of 1934, 47 U.S.C. 151, 153, 154, 

201–205, 251, 303(r), and section 6(a) of 

the TRACED Act, Public Law 116–105, 

sec. 6(a)(1)–(2), 133 Stat. 3274, 3277 

(2019), this Further Notice of Proposed 

Rulemaking is adopted. 

69. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Further Notice of Proposed 

Rulemaking, including the Initial 

Regulatory Flexibility Analysis, to the 

Chief Counsel for Advocacy of the Small 

Business Administration. 

Federal Communications Commission. 

Katura Jackson, 

Federal Register Liaison Officer. 

[FR Doc. 2021–18175 Filed 9–13–21; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Parts 531, 533, 536, and 537 

[NHTSA–2021–0053, NHTSA–2021–0054] 

RIN 2127–AM34 

Public Hearing for Corporate Average 

Fuel Economy Standards for Model 

Years 2024–2026 Passenger Cars and 

Light Trucks 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notification of public hearing. 

SUMMARY: The National Highway Traffic 

Safety Administration (NHTSA) is 


tkelley on DSK125TN23PROD with PROPOSALS
Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Proposed Rules 51093 

announcing a virtual public hearing to 

be held October 13, 2021, on its 

proposal for the ‘‘Corporate Average 

Fuel Economy Standards for Model 

Years 2024–2026 Passenger Cars and 

Light Trucks,’’ which was signed on 

August 5, 2021, and published in the 

Federal Register on September 3, 2021. 

This hearing also allows the public to 

provide oral comments regarding the 

Draft Supplemental Environmental 

Impact Statement that accompanies the 

proposal. An additional session will be 

held on October 14, if necessary, to 

accommodate the number of people 

who sign up to provide oral comments. 

NHTSA is proposing to revise the 

corporate average fuel economy (CAFE) 

standards for passenger cars and light 

trucks for model years 2024 through 

2026 to make the standards more 

stringent. 

DATES: NHTSA will hold a virtual 

public hearing on October 13, 2021. An 

additional session will be held on 

October 14, if necessary, to 

accommodate the number of people 

who sign up to testify. Please refer to the 

SUPPLEMENTARY INFORMATION section for 

additional information on the public 

hearing. 

ADDRESSES: The public hearing will be 

held virtually on October 13, 2021. An 

additional session will be held on 

October 14, if necessary, to 

accommodate the number of people 

who sign up to testify. The hearing will 

convene at 9:30 a.m. Eastern time and 

will conclude when the last preregistered speaker has testified but no 

later than 8:00 p.m. Eastern time. All 

hearing attendees, including those who 

do not intend to provide testimony, 

should preregister by October 7, 2021. 

The link to register will be available at 

https://www.nhtsa.gov/cafe. Additional 

information regarding the hearing 

appears below under SUPPLEMENTARY

INFORMATION. 

FOR FURTHER INFORMATION CONTACT: To 

register to attend the hearing, please 

contact NHTSA’s Office of 

Communications at 

NHTSA.Communication@dot.gov. To 

speak to someone about the proposal, 

please contact Vinay Nagabhushana, 

Fuel Economy Division, Office of 

Rulemaking, NHTSA, at (202) 366–1452. 

SUPPLEMENTARY INFORMATION: NHTSA is 

proposing to revise the corporate 

average fuel economy (CAFE) standards 

for passenger cars and light trucks built 

in model years 2024 through 2026 to 

make the standards more stringent. On 

January 20, 2021, President Biden 

issued Executive Order 13990, 

‘‘Protecting Public Health and the 

Environment and Restoring Science to 

Tackle the Climate Crisis,’’ directing 

NHTSA to consider whether to propose 

suspending, revising, or rescinding the 

standards previously set forth under the 

‘‘The Safer Affordable Fuel-Efficient 

(SAFE) Vehicles Rule for Model Years 

2021–2026 Passenger Cars and Light 

Trucks,’’ promulgated in April 2020 

(hereafter, ‘‘the 2020 final rule’’). The 

2020 final rule set standards that 

increased at a rate of 1.5 percent per 

year for this time period. Based on our 

updated assessment, NHTSA is 

proposing, under the Energy Policy and 

Conservation Act, as amended by the 

Energy Independence and Security Act, 

to revise the CAFE standards to be more 

stringent than the 2020 final rule 

standards in each model year for 2024 

through 2026. In addition, NHTSA is 

also proposing certain technical 

amendments to clarify and streamline 

our compliance regulations. The 

proposed revised standards would 

conserve much more energy, save much 

more fuel, and thus save consumers 

money and improve our nation’s energy 

security over time. The ‘‘Corporate 

Average Fuel Economy Standards for 

Model Years 2024–2026 Passenger Cars 

and Light Trucks’’ proposal was signed 

on August 5, 2021, and was published 

in the Federal Register on September 3, 

2021 (86 FR 49602). The proposal and 

accompanying documents are available 

in Docket ID No. NHTSA–2021–0053. A 

notice of availability for the 

accompanying Draft Supplemental 

Environmental Impact Statement (Draft 

SEIS) was published in the Federal 

Register on August 20, 2021 (86 FR 

46847). The Draft SEIS is available on 

NHTSA’s CAFE website, https://

www.nhtsa.gov/cafe, and is also 

available in Docket ID No. NHTSA– 

2021–0054. The public comment period 

for the proposed rule is scheduled to 

conclude on October 26, 2021. 

Participation in Virtual Public Hearing 

Please note that NHTSA is deviating 

from its typical approach for public 

hearings. Because of current CDC 

recommendations, as well as state and 

local orders for social distancing to limit 

the spread of COVID–19, NHTSA is not 

holding in-person public meetings at 

this time. 

NHTSA will begin pre-registering 

speakers for the hearing upon 

publication of this document in the 

Federal Register. To register to speak at 

the virtual hearing, please follow the 

instructions below. The last day to preregister to speak at the hearing will be 

October 7, 2021. 

• To watch the hearing (without 

providing oral comments): Click the link 

at https://www.nhtsa.gov/cafe and 

register. Indicate NO on the registration 

page that you do not wish to provide 

testimony. Within 24 hours of 

registering, you will be emailed your 

link to join. 

• To comment at the hearing: Click 

the link at https://www.nhtsa.gov/cafe 

and register by October 7. Indicate YES 

on the registration page that you would 

like to provide comments. Within 24 

hours of registering, you will be emailed 

your link to join. Additionally, you will 

receive an email on October 11 with 

your approximate time to testify, and 

additional information about how to 

turn on your audio and camera to 

comment. We recommend you join via 

a computer, but if you are unable to do 

so, an option to join via phone will also 

be provided in that email. 

If you do not receive your 

confirmation email(s), or have further 

questions about this hearing, please 

email NHTSA.Communication@dot.gov. 

NHTSA is committed to providing equal 

access to this event for all participants. 

Closed captioning will be available. 

People with disabilities who need 

additional accommodations should send 

a request to NHTSA.Communication@

dot.gov no later than October 7. 

Each commenter will have 3 minutes 

to provide oral testimony. NHTSA may 

ask clarifying questions during the oral 

presentations but will not respond to 

the presentations at that time. NHTSA 

recommends submitting the text of your 

oral comments as written comments to 

the rulemaking docket or to the Draft 

SEIS docket, as appropriate. Written 

statements and supporting information 

submitted during the comment period 

will be considered with the same weight 

as oral comments and supporting 

information presented at the public 

hearing. If identical comments are 

submitted by the same commenter more 

than once to the docket, NHTSA does 

not consider those comments to carry 

more weight than if they had been 

submitted only once. If the oral 

testimony is specifically intended to 

reference the Draft SEIS, please mention 

that in your opening remarks. 

Please note that any updates made to 

any aspects of the hearing logistics, 

including any change to the date of the 

hearing or a potential additional session 

on October 14, 2021, will be posted on 

NHTSA’s website, https://

www.nhtsa.gov/cafe. While NHTSA 

expects the hearing to go forward as set 

forth above, please monitor our website 

or contact us via the email address 

listed in the FOR FURTHER INFORMATION

CONTACT section to determine if there 

are any updates. NHTSA does not 

intend to publish a document in the 


tkelley on DSK125TN23PROD with PROPOSALS
51094 Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Proposed Rules 

Federal Register announcing updates. 

Finally, NHTSA will post a video of the 

hearing at http://www.nhtsa.gov/cafe 

and will make a transcript of the hearing 

available in the rulemaking docket as 

soon as practicable. 

How can I get copies of the proposed 

action, the Draft Supplemental 

Environmental Impact Statement, and 

other related information? 

NHTSA has established a docket for 

the proposal under Docket ID No. 

NHTSA–2021–0053 and a separate 

docket for the Draft SEIS at Docket ID 

No. NHTSA–2021–0054. Relevant 

documents and information can also be 

accessed at NHTSA’s CAFE website, at 

https://www.nhtsa.gov/cafe. Please refer 

to the notice of proposed rulemaking for 

detailed information on accessing 

information related to the proposal and 

the Draft SEIS. 

Issued on September 9, 2021, in 

Washington, DC, under authority delegated 

in 49 CFR 1.95. 

Raymond R. Posten, 

Associate Administrator for Rulemaking. 

[FR Doc. 2021–19799 Filed 9–10–21; 11:15 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 22 

[Docket No. FWS–HQ–MB–2020–0023; 

FF09M2200–212–FXMB12320900000] 

RIN 1018–BE70 

Eagle Permits; Incidental Take 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Advance notice of proposed 

rulemaking; request for comments. 

SUMMARY: The U.S. Fish and Wildlife 

Service (Service, or we) seeks public 

and regulated-community input on 

potential approaches for further 

expediting and simplifying the permit 

process authorizing incidental take of 

eagles. This document also advises the 

public that the Service may, as a result 

of public input, prepare a draft 

environmental review pursuant to the 

National Environmental Policy Act of 

1969, as amended. We are furnishing 

this advance notice of proposed 

rulemaking to advise other agencies and 

the public of our intentions and obtain 

suggestions and information on the 

scope of issues to include in the 

environmental review. Public and 

regulated community responses will be 

used to improve and make more 

efficient the permitting process for 

incidental take of eagles in a manner 

that is compatible with the preservation 

of bald and golden eagles. 

DATES: You may submit comments on or 

before October 29, 2021. We will 

consider all comments on this advance 

notice of proposed rulemaking, 

including the scope of the draft 

environmental review, that are received 

or postmarked by that date. Comments 

received or postmarked after that date 

will be considered to the extent 

practicable. 

ADDRESSES: You may submit written 

comments by one of the following 

methods: 

Electronically: Go to the Federal 

e-Rulemaking Portal: http://

www.regulations.gov. Search for FWS– 

HQ–MB–2020–0023, which is the 

docket number for this document, and 

follow the directions for submitting 

comments. 

By hard copy: Submit by U.S. mail to: 

Public Comments Processing, Attn: 

FWS–HQ–MB–2020–0023, U.S. Fish 

and Wildlife Service, MS: PRB/3W, 

5275 Leesburg Pike, Falls Church, VA 

22041–3803. 

We request that you send comments 

by only one of the methods described 

above. We will post all information 

received on http://www.regulations.gov. 

This generally means that we will post 

any personal information you provide 

us (see Public Availability of Comments, 

below, for more information). 

FOR FURTHER INFORMATION CONTACT: 

Jerome Ford, Assistant Director, 

Migratory Birds, at 202–208–1050. 

Individuals who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Relay 

Service at 800–877–8339. 

SUPPLEMENTARY INFORMATION: This 

advance notice of proposed rulemaking 

seeks comment on several approaches 

that could potentially underpin a more 

streamlined eagle incidental-takepermitting framework that we first 

established in 2009. Specifically, the 

Service is interested in comments 

clarifying specific aspects of the current 

permitting process that hinder permit 

application, processing, or 

implementation. The Service is also 

seeking recommendations for additional 

guidance the Service could develop that 

would reduce the time and/or cost 

associated with applying for and 

implementing long-term, eagle 

incidental take permits under existing 

regulations. The Service further invites 

recommendations for targeted revisions 

that could be made to existing 

regulations consistent with the overall 

permitting framework that would 

reduce the time and/or cost associated 

with applying for and processing longterm permits for incidental take of 

eagles. Finally, the Service is interested 

in comments regarding potential new 

regulatory approaches to authorizing 

incidental take under the Eagle Act, 

particularly for projects that can be 

shown in advance to have minimal 

impacts on eagles, that would reduce 

the time and/or cost associated with 

applying for and operating under longterm permits for the incidental take of 

eagles. 

I. Background 

The Bald and Golden Eagle Protection 

Act (Eagle Act; 16 U.S.C. 668–668d) 

prohibits take of bald eagles and golden 

eagles except pursuant to Federal 

regulations. Service regulations in title 

50 of the Code of Federal Regulations, 

consistent with the Eagle Act (16 U.S.C. 

668c), define ‘‘take’’ as to pursue, shoot, 

shoot at, poison, wound, kill, capture, 

trap, collect, destroy, molest, or disturb 

(50 CFR 22.3). The Eagle Act authorizes 

the Secretary of the Interior to issue 

regulations to permit the taking of eagles 

for various purposes, provided the 

taking is compatible with the 

preservation of the bald eagle or the 

golden eagle. Regulations at 50 CFR 22.3 

define ‘‘compatible with the 

preservation of the bald eagle or the 

golden eagle’’ as ‘‘consistent with the 

goals of maintaining stable or increasing 

breeding populations in all eagle 

management units [EMUs] and the 

persistence of local populations 

throughout the geographic range of each 

species.’’ Permits for the incidental, or 

unintentional, take of eagles were 

established in 2009 (74 FR 46877, Sep. 

11) to authorize incidental take of bald 

and golden eagles that results from a 

broad spectrum of activities, such as 

utility infrastructure, energy 

development, construction, operation of 

airports, and resource recovery (50 CFR 

22.26). 

In 2016, the Service published a final 

rule (81 FR 91494, Dec. 16, 2016) 

revising the regulations to lengthen the 

maximum permit tenure from 5 years to 

30 years and require a review of permit 

implementation periodically throughout 

the lifetime of the permit at intervals no 

longer than 5 years. For most projects, 

the Service assumes the actual take at a 

project will be less than the level of take 

initially authorized under a permit, 

which will result in a reduction in 

required offsetting mitigation measures 

over time. This is because initial 

estimates of eagle fatalities are 

purposely conservative to reduce the 

likelihood of a permittee exceeding their 

authorized level of take, and to ensure 


tkelley on DSK125TN23PROD with PROPOSALS