52412 Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Rules and Regulations 

Commissioner will provide public 

notification of the action, which will be 

effective from the date of public 

notification. A copy of the notification 

will be sent to any requestor at the time 

the information is made available to the 

public. 

(b) If a request to establish or amend 

an import tolerance is denied, a 

notification of the denial will be made 

publicly available, and a copy of the 

denial letter, including the reasons for 

such action, will be sent to the 

requester. 

(c) A tolerance established in an 

approved NADA or conditionally 

approved CNADA will supersede an 

existing import tolerance. In the event 

the conditionally approved CNADA is 

not renewed or is withdrawn, or such 

drug does not achieve approval under 

section 512 of the Federal Food, Drug, 

and Cosmetic Act within 5 years 

following the date of the conditional 

approval, the Agency will reinstate the 

import tolerance unless § 510.210(a)(1) 

or (a)(2) is applicable at that time. 

§ 510.210 Revocation of an import 

tolerance. 

(a) The Commissioner, on his or her 

own initiative or on the petition of an 

interested person, under § 10.25 of this 

chapter, may revoke an import tolerance 

if: 

(1) Scientific evidence shows an 

import tolerance to be unsafe; or 

(2) Information demonstrates that the 

use of a new animal drug under actual 

use conditions results in food being 

imported into the United States with 

residues exceeding the import tolerance. 

(b) The Commissioner will provide 

public notification under § 510.207(b) 

that will specify the basis for the 

decision and will be effective at the time 

the information is made available to the 

public. 

(c) A petition for revocation must be 

submitted in the form specified in 

§ 10.30 of this chapter. 

§ 510.212 Administrative reconsideration 

of action. 

(a) The Commissioner may at any 

time, on his or her own initiative or on 

the petition of an interested person 

under part 10 of this chapter, reconsider 

part or all of a decision to establish, not 

establish, amend, or revoke an import 

tolerance. 

(b) A petition for reconsideration 

must be submitted in accordance with 

§ 10.20 of this chapter and in the form 

specified in § 10.33 of this chapter no 

later than 30 days after the date of 

public notification of the decision 

involved. The Commissioner may, for 

good cause, permit a petition to be filed 

more than 30 days after public 

notification of the decision. The petition 

for reconsideration must demonstrate 

that relevant information contained in 

the administrative record was not 

previously or not adequately considered 

by the Commissioner. No new 

information may be included in a 

petition for reconsideration. 

(c) An interested person who wishes 

to rely on information not included in 

the administrative record shall submit 

either a petition to amend an import 

tolerance under § 510.205 or to revoke 

an import tolerance under § 510.210 and 

§ 10.25 of this chapter. 

§ 510.213 Administrative stay of action. 

(a) The Commissioner may at any 

time, on his or her own initiative or on 

the request of an interested person 

under part 10 of this chapter, stay or 

extend the effective date of a decision to 

establish, not establish, amend, or 

revoke an import tolerance. 

(b) A request for stay must be 

submitted in accordance with § 10.20 of 

this chapter and in the form specified in 

§ 10.35 of this chapter no later than 30 

days after public notification of the 

decision involved. The Commissioner 

may, for good cause, permit a petition 

to be filed more than 30 days after 

public notification of the decision. 

Dated: September 10, 2021. 

Janet Woodcock, 

Acting Commissioner of Food and Drugs. 

[FR Doc. 2021–19967 Filed 9–20–21; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF LABOR 

Wage and Hour Division 

29 CFR Part 791 

RIN 1235–AA37 

Rescission of Joint Employer Status 

Under the Fair Labor Standards Act 

Rule: Delay of Effective Date 

AGENCY: Wage and Hour Division 

(WHD), Department of Labor (DOL). 

ACTION: Final rule; delay of effective 

date. 

SUMMARY: This action delays until 

October 5, 2021, the effective date of the 

rule titled ‘‘Rescission of Joint Employer 

Status Under the Fair Labor Standards 

Act Rule,’’ published in the Federal 

Register on July 30, 2021, to conform to 

the effective date requirements of the 

Congressional Review Act. 

DATES: The effective date of the rule 

published at 86 FR 40939 on July 30, 

2021, is delayed to October 5, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Amy DeBisschop, Division of 

Regulations, Legislation, and 

Interpretation, Wage and Hour Division, 

U.S. Department of Labor, Room S– 

3502, 200 Constitution Avenue NW, 

Washington, DC 20210; telephone: (202) 

693–0406 (this is not a toll-free 

number). Copies of this final rule may 

be obtained in alternative formats (Rich 

Text Format (RTF) or text format (txt), 

a thumb drive, an MP3 file, large print, 

braille, audiotape, compact disc, or 

other accessible format), upon request, 

by calling (202) 693–0675 (this is not a 

toll-free number). TTY/TDD callers may 

dial toll-free 1–877–889–5627 to obtain 

information or request materials in 

alternative formats. 

Questions of interpretation and/or 

enforcement of the agency’s regulations 

may be directed to the nearest WHD 

district office. Locate the nearest office 

by calling WHD’s toll-free help line at 

(866) 4US–WAGE ((866) 487–9243) 

between 8 a.m. and 5 p.m. in your local 

time zone, or logging onto WHD’s 

website for a nationwide listing of WHD 

district and area offices at http://

www.dol.gov/whd/america2.htm. 

SUPPLEMENTARY INFORMATION: On July 

30, 2021, the Department published a 

final rule titled ‘‘Rescission of Joint 

Employer Status Under the Fair Labor 

Standards Act Rule’’ (Joint Employer 

Rescission Final Rule) to rescind the 

final rule titled ‘‘Joint Employer Status 

Under the Fair Labor Standards Act,’’ 

which had been published on January 

16, 2020. 86 FR 40939 (July 30, 2021). 

The effective date set forth in the Joint 

Employer Rescission Final Rule is 

September 28, 2021, 60 days after 

publication. 

Pursuant to the Congressional Review 

Act (CRA), the Department submitted 

the required report and information on 

the Joint Employer Rescission Final 

Rule to each House of the Congress and 

the Comptroller General. 5 U.S.C. 

801(a)(1)(A)–(B). The Department has 

been informed that the Senate did not 

receive the submission until August 6, 

2021. The Office of Information and 

Regulatory Affairs (OIRA) designated 

the Joint Employer Rescission Final 

Rule as a major rule, as defined by 5 

U.S.C. 804(2). Accordingly, in order to 

conform to the effective date 

requirements of the CRA, the 

Department in this final rule is 

extending the effective date of the Joint 

Employer Rescission Final Rule to 

October 5, 2021, 60 days after the Senate 

received the Department’s submission. 5 

U.S.C. 801(a)(3). 

Section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) 


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Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Rules and Regulations 52413 

provides that an agency is not required 

to publish a notice of proposed 

rulemaking in the Federal Register and 

solicit public comments when the 

agency has good cause to find that doing 

so would be ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ 5 U.S.C. 553(b)(3)(B). The 

Department finds that good cause exists 

to dispense with the notice and public 

comment procedures for this final rule, 

as it concludes that such procedures are 

unnecessary because this rule merely 

extends the effective date of the Joint 

Employer Rescission Final Rule by 7 

days in order to comply with the 

effective date requirements of the CRA 

for major rules. Moreover, the Joint 

Employer Rescission Final Rule was 

promulgated pursuant to notice and 

comment rulemaking, and this rule does 

not make any changes to that rule other 

than the brief delay of the effective date. 

86 FR 40939 (July 30, 2021). Therefore, 

the Department is issuing this delay of 

effective date as a final rule. 

Section 553(d) of the APA also 

provides that substantive rules should 

take effect not less than 30 days after the 

date they are published in the Federal 

Register unless ‘‘otherwise provided by 

the agency for good cause found[.]’’ 5 

U.S.C. 553(d)(3). Since this rule merely 

delays the effective date of the Joint 

Employer Rescission Final Rule by 7 

days as required by the CRA, and makes 

no other changes to that rule, the 

Department finds that it is unnecessary 

to delay the effective date of this action 

by 30 days. Accordingly, the 

Department finds that good cause exists 

to make this delay of effective date 

action effective on the date of 

publication. 

Section 808 of the CRA provides that 

a rule shall take effect at the time 

determined by the promulgating agency 

when the agency for good cause finds 

that ‘‘notice and public procedure 

thereon are impracticable, unnecessary, 

or contrary to the public interest.’’ 5 

U.S.C. 808(2). The Department finds 

that good cause exists to dispense with 

notice and public procedure for this 

final rule, as it concludes that such 

procedures are unnecessary. As noted 

above, the Joint Employer Rescission 

Final Rule was published on July 30, 

2021, with an effective date of 

September 28, 2021, and this rule 

merely delays the effective date of that 

rule by 7 days to comply with the 

requirements of the CRA. Therefore, the 

Department finds that good cause exists 

to make this delay of effective date 

effective on the date of publication. 

However, consistent with the CRA, the 

Department will submit to Congress and 

the Comptroller General the reports 

required by the Act. 5 U.S.C. 

801(a)(1)(A)–(B). 

Signed on September 10, 2021. 

Jessica Looman, 

Acting Administrator, Wage and Hour 

Division. 

[FR Doc. 2021–20100 Filed 9–20–21; 8:45 am] 

BILLING CODE 4510–27–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2021–0726] 

Safety Zones; Annual Events 

Requiring Safety Zones in the Captain 

of the Port Lake Michigan Zone—Corn 

Festival Fireworks, Morris, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone for the Corn Festival 

Fireworks event on a portion of the 

Illinois River in Morris, IL. This action 

is intended to protect personnel, 

vessels, and the marine environment 

from potential hazards created by the 

fireworks display. During the 

enforcement period listed below, entry 

into, transiting, or anchoring within the 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Lake Michigan or a designated 

representative. 

DATES: The regulation in Title 33 Code 

of Federal Regulations (CFR) 165.929 

Table 1, Event (19) will be enforced 

from 8:15 p.m. through 9 p.m. on 

September 25, 2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email LT James 

Fortin, Waterways Management 

Division, Marine Safety Unit Chicago, 

U.S. Coast Guard; telephone: (630) 986– 

2155, email: D09-DG-MSUChicagoWaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Safety Zone; 

Corn Festival Fireworks listed as Event 

(19) in Table 1 of 33 CFR 165.929. 

Section 165.929 lists many annual 

events requiring safety zones in the 

Captain of the Port Lake Michigan zone. 

This safety zone consists of all waters of 

the Illinois River within a 560-foot 

radius from approximate launch 

position at 41°21.173′ N, 088°25.101′ W. 

This safety zone will be enforced from 

8:15 p.m. through 9 p.m. on September 

25, 2021. 

All vessels must obtain permission 

from the Captain of the Port Lake 

Michigan, or his or her designated onscene representative to enter, move 

within, or exit this safety zone during 

the enforcement times listed in this 

notice of enforcement. Requests must be 

made in advance and approved by the 

Captain of the Port before transits will 

be authorized. Approvals will be 

granted on a case-by-case basis. Vessels 

and persons granted permission to enter 

the safety zone shall obey all lawful 

orders or directions of the Captain of the 

Port Lake Michigan or a designated onscene representative. 

This notice of enforcement is issued 

under the authority of 33 CFR 165.929, 

Safety Zone; annual events requiring 

safety zones in the Captain of the Port 

Lake Michigan Zone and 5 U.S.C. 

552(a). In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard will provide the maritime 

community with notification of this 

enforcement period via Broadcast 

Notice to Mariners. The Captain of the 

Port Lake Michigan or a designated onscene representative may be contacted 

via VHF Channel 16 or (414) 747–7182. 

Dated: September 15, 2021. 

Donald P. Montoro, 

Captain, U.S. Coast Guard, Captain of the 

Port, Lake Michigan. 

[FR Doc. 2021–20360 Filed 9–20–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2019–0708; FRL–8711–02– 

R7] 

Air Plan Approval; Iowa; Polk County; 

State Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the Iowa State Implementation Plan 

(SIP) to include changes to the Polk 

County Board of Health Rules and 

Regulations in addition to revisions 

from past submittals. The revisions 

update definitions and references to the 

effective dates of Federal rules approved 

into the State’s SIP, prohibit burning of 

demolished buildings, update references 

to methods and procedures for 

performance test/stack test and 

continuous monitoring systems, and 

revise permitting exemptions. These 

revisions will not adversely impact air 


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