Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Proposed Rules 53015 

1Available at www.regulations.gov/comment/ 

EERE-2018-BT-STD-0018-0125. 

2Energy Conservation Standards for Residential 

Furnaces, Docket No. EERE–2014–BT–STD–0031, 

and Energy Conservation Standards for Commercial 

Water Heaters, Docket No. EERE–2014–BT–STD– 

0042. 

collectively referred to as the ‘‘Gas 

Industry Commenters,’’ requesting an 

additional 60 days for public comment 

in order to consider the issues raised in 

the NOPIR.1 The Gas Industry 

Commenters requested additional time 

due to their assertion that DOE’s 

proposal raises various factual, 

technical, economic, regulatory, and 

administrative issues that require 

significant time to review and to 

respond in a meaningful manner. The 

Gas Industry Commenters also pointed 

out the length of the comment periods 

under the proceeding that culminated in 

the January 2021 final interpretive rule, 

as well as the comment extensions that 

DOE granted throughout that 

interpretive rulemaking process. 

Furthermore, the Gas Industry 

Commenters noted that stakeholders are 

currently engaged in multiple DOErelated proceedings, both before the 

agency and the court, and each matter 

requires sufficient engagement. The Gas 

Industry Commenters also argued that 

the COVID–19 emergency continues to 

adversely impact stakeholder 

engagement and expressed their belief 

that a sixty-day comment extension will 

not cause a significant delay in DOE’s 

consideration of the record and any next 

steps. 

In regard to the assertion that the 

August 2021 NOPIR raises various 

issues that require significant time to 

review and respond to, DOE notes the 

NOPIR does not raise new issues but 

rather proposes to return to DOE’s longstanding, historical interpretation. DOE 

further notes that the various factual, 

technical, economic, regulatory, and 

administrative issues are well 

understood, have been discussed at 

length, and have been documented in a 

number of rulemaking dockets.2 Also, as 

noted in the August 2021 NOPIR, 

Executive Order (E.O.) 13990, 

‘‘Protecting Public Health and the 

Environment and Restoring Science to 

Tackle the Climate Crisis,’’ 86 FR 7037 

(Jan. 25, 2021), triggered the 

Department’s reevaluation of the 

January 2021 final interpretive rule. 86 

FR 48049, 48050–48051 (August 27, 

2021). 

After carefully reviewing the 

submission, DOE has considered the 

urgency required under E.O. 13990 

along with the competing benefit to 

stakeholders in providing additional 

time to review and comment on the 

NOPIR. Accordingly, in seeking to 

balance the interests at issue, DOE has 

determined that it is appropriate to 

partially grant this request and to extend 

the comment period by 15 days, thereby 

allowing additional time for interested 

parties to prepare and submit 

comments. Therefore, DOE is extending 

the comment period for the NOPIR and 

will accept comments, data, and 

information on this matter received on 

and before October 12, 2021. 

Accordingly, DOE will consider any 

comments received by this date to be 

timely submitted. 

Signing Authority 

This document of the Department of 

Energy was signed on September 19, 

2021, by Kelly Speakes-Backman, 

Principal Deputy Assistant Secretary 

and Acting Assistant Secretary for 

Energy Efficiency and Renewable 

Energy, pursuant to delegated authority 

from the Secretary of Energy. That 

document with the original signature 

and date is maintained by DOE. For 

administrative purposes only, and in 

compliance with requirements of the 

Office of the Federal Register, the 

undersigned DOE Federal Register 

Liaison Officer has been authorized to 

sign and submit the document in 

electronic format for publication, as an 

official document of the Department of 

Energy. This administrative process in 

no way alters the legal effect of this 

document upon publication in the 

Federal Register. 

Signed in Washington, DC, on September 

21, 2021. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2021–20759 Filed 9–23–21; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0830; Project 

Identifier AD–2020–00257–R] 

RIN 2120–AA64 

Airworthiness Directives; Bell Textron 

Canada Limited Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

Bell Textron Canada Limited Model 

206L–1, 206L–3, and 206L–4 helicopters 

with certain Air Comm Corporation (Air 

Comm) air conditioning systems 

installed. This proposed AD would 

require visually inspecting the drive 

ring spline teeth and the mating area 

spline teeth on the oil cooler blower 

shaft for signs of deformation and 

fretting and depending on the results of 

the inspection, removing certain parts 

from service. This proposed AD would 

also require reinstalling certain parts, 

applying torque, and aligning certain 

bolt holes. This proposed AD was 

prompted by reports of damage to the 

drive ring spline teeth and the mating 

spline teeth. The actions of this 

proposed AD are intended to address an 

unsafe condition on these products. 

DATES: The FAA must receive comments 

on this proposed AD by November 8, 

2021. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Follow the 

online instructions for sending your 

comments electronically. 

• Fax: (202) 493–2251. 

• Mail: Send comments to the U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001. 

• Hand Delivery: Deliver to Mail 

address between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

For service information identified in 

this proposed rule, contact Air Comm 

Corporation, 1575 Westminster, CO 

80234; telephone (303) 440–4075; or at 

https://www.aircommcorp.com. You 

may view the referenced service 

information at the FAA, Office of the 

Regional Counsel, Southwest Region, 

10101 Hillwood Pkwy., Room 6N–321, 

Fort Worth, TX 76177. 

Examining the AD Docket 

You may examine the AD docket on 

the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

0830; or in person at Docket Operations 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The AD docket contains this NPRM, any 

referenced service information, any 

comments received, and other 

information. The street address for 

Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Bryant, Aerospace Engineer, 

Denver ACO Branch, FAA, 26805 East 

68th Avenue, Denver, CO 80249; 

53016 Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Proposed Rules 

telephone (303) 342–1080; email 9- 

Denver-Aircraft-Cert@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2021–0830; Project Identifier AD– 

2020–00257–R’’ at the beginning of your 

comments. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend this proposal 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to https://

www.regulations.gov, including any 

personal information you provide. The 

agency will also post a report 

summarizing each substantive verbal 

contact received about this NPRM. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this NPRM 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this NPRM, it is important 

that you clearly designate the submitted 

comments as CBI. Please mark each 

page of your submission containing CBI 

as ‘‘PROPIN.’’ The FAA will treat such 

marked submissions as confidential 

under the FOIA, and they will not be 

placed in the public docket of this 

NPRM. Submissions containing CBI 

should be sent to Matthew Bryant, 

Aerospace Engineer, Denver ACO 

Branch, FAA, 26805 East 68th Avenue, 

Denver, CO 80249; telephone (303) 342– 

1080; email 9-Denver-Aircraft-Cert@

faa.gov. Any commentary that the FAA 

receives which is not specifically 

designated as CBI will be placed in the 

public docket for this rulemaking. 

Background 

The FAA issued Special 

Airworthiness Information Bulletin 

SW–19–05 on April 4, 2019 (SAIB SW– 

19–05) to alert owners and operators of 

Bell Textron Canada Limited Model 

206L–1, 206L–3, and 206L–4 helicopters 

with Air Comm’s Supplemental Type 

Certificate (STC) SH2750NM installed. 

SAIB SW–19–05 was prompted by 

reports of the air conditioner pulley’s 

locking system, which is installed on 

the oil cooler drive shaft’s splined quill, 

causing excessive spline tooth wear to 

the drive ring spline teeth and the 

mating spline teeth on the oil cooler 

blower shaft. SAIB SW–19–05 

recommends following the inspection 

instructions of certain Air Comm service 

information and routinely inspecting 

the air conditioner pulley lock ring. 

At the time SAIB SW–19–05 was 

issued, the airworthiness concern was 

not determined to be an unsafe 

condition that would warrant AD action 

under 14 CFR part 39. However, 

subsequent investigations were not able 

to determine whether the limited 

damaged observed on several oil cooler 

blower shafts would remain localized or 

progress to a point where the shaft is no 

longer safe for continued use. The FAA 

also later determined that operators may 

have difficulty aligning the air 

conditioning system’s drive ring holes 

with the air conditioning condenser 

drive pulley without leaving the 

condenser drive pulley under-torqued. 

Accordingly, the FAA proposes to adopt 

a new AD for certain Bell Textron 

Canada Limited Model 206L–1 and 

206L–3 helicopters with Bell Model 

206L1/L3 Service Instruction for 

Increased Gross Weight Upgrade Kit 

BHT–206–SI–2052, Revision 1, dated 

October 14, 2010, installed and Bell 

Model 206L–4 helicopters equipped 

with one of the following Air Comm 

STC SH2750NM air conditioning 

systems part number 206EC–204–1, 

206EC–204–2, 206EC–208–1, 206EC– 

208–2, 206EC–210–1, 206EC–210–2, 

206EC–210–3, 206EC–212–3 or 206EC– 

212–4. Helicopters with a 206L–1+ 

designation are Model 206L–1 

helicopters and helicopters with a 

206L–3+ designation are Model 206L–3 

helicopters. 

FAA’s Determination 

The FAA is issuing this NPRM after 

determining that the unsafe condition 

described previously is likely to exist or 

develop on other products of the same 

type design. 

Related Service Information Under 1 

CFR Part 51 

The FAA reviewed ACC Air Comm 

Corporation Service Bulletin SB 206EC– 

091119, Rev B, dated May 26, 2021 (SB 

206EC–091119 Rev B), which specifies 

procedures for visually inspecting the 

drive ring spline teeth and the mating 

spline teeth on the tail rotor drive’s oil 

cooler blower shaft for deformation or 

fretting. 

This service information is reasonably 

available because the interested parties 

have access to it through their normal 

course of business or by the means 

identified in the ADDRESSES section. 

Proposed AD Requirements in This 

NPRM 

This proposed AD would require, 

within 300 hours time-in-service (TIS), 

and thereafter at intervals not to exceed 

300 hours TIS, gaining access to the 

drive ring spline teeth and the mating 

area spline teeth on the oil cooler 

blower shaft, repetitively inspecting the 

drive ring spline teeth and the mating 

spline teeth on the tail rotor drive’s oil 

cooler blower shaft for deformation and 

fretting, and depending on the results of 

each inspection, removing certain parts 

from service before further flight. This 

proposed AD would also require 

reinstalling certain parts, and if 

required, reinstalling the drive pulley by 

torqueing and aligning the drive pulley 

bolt holes. 

Differences Between This Proposed AD 

and the Service Bulletin 

SB 206EC–091119 Rev B requires 

inspecting the air conditioning 

compressor drive belt tension and the 

general condition of the drive belt, drive 

pulley and surrounding components, 

whereas this proposed AD would not. 

SB 206EC–091119 Rev B requires 

reporting any deformation or fretting to 

Air Comm Service Department, whereas 

this proposed AD would not. SB 206EC– 

091119 Rev B provides an option to 

deactivate the air conditioning system if 

deformation of fretting is found on the 

drive ring or the oil cooler blower shaft 

assembly, whereas this proposed AD 

would require removing these parts 

from service instead. 

Costs of Compliance 

The FAA estimates that this proposed 

AD would affect up to 100 helicopters 

of U.S. Registry. The FAA estimates that 

operators may incur the following costs 

in order to comply with this proposed 

AD. Labor costs are estimated at $85 per 

work-hour. 

Removing the tail rotor drive system’s 

forward short shaft, spline adaptor, and 

drive ring and visually inspecting the 

drive ring spline teeth and the mating 

area spline teeth would take about 1 

work-hour for an estimated cost of $85 

per helicopter and $8,500 for the U.S. 

fleet per inspection cycle. 

Replacing the drive ring would take 

about 3 work-hours and parts would 

cost about $300 for an estimated cost of 

$555 per replacement. 

Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Proposed Rules 53017 

Replacing the oil cooler blower 

assembly would take about 3 workhours and parts would cost about $2,720 

for an estimated cost of $2,975 per 

replacement. 

Aligning each bolt hole and retorqueing the drive pulley would take 

about 0.5 work-hours for an estimated 

cost of $43 per helicopter. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

The FAA is issuing this rulemaking 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701: General requirements. Under 

that section, Congress charges the FAA 

with promoting safe flight of civil 

aircraft in air commerce by prescribing 

regulations for practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce. 

This regulation is within the scope of 

that authority because it addresses an 

unsafe condition that is likely to exist or 

develop on products identified in this 

rulemaking action. 

Regulatory Findings 

The FAA determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would not 

have a substantial direct effect on the 

States, on the relationship between the 

national Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed, I certify 

this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

2. Would not affect intrastate aviation 

in Alaska, and 

3. Would not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

Bell Textron Canada Limited: Docket No. 

FAA–2021–0830; Project Identifier AD– 

2020–00257–R. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by November 8, 

2021. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to the Bell Textron Canada 

Limited helicopters identified in paragraphs 

(c)(1) and (2) of this AD. 

(1) Model 206L–1 and Model 206L–3 

helicopters, certificated in any category, with 

Bell Model 206L1/L3 Service Instruction for 

Increased Gross Weight Upgrade Kit BHT– 

206–SI–2052, Revision 1, dated October 14, 

2010 (BHT–206–SI–2052), installed and that 

are equipped with one of the following Air 

Comm Corporation (Air Comm) 

Supplemental Type Certificate (STC) 

SH2750NM air conditioning systems part 

number (P/N) 206EC–204–1, 206EC–204–2, 

206EC–208–1, 206EC–208–2, 206EC–210–1, 

206EC–210–2, 206EC–210–3, 206EC–212–3, 

or 206EC–212–4. 

Note 1 to paragraph (c)(1) of this AD: 

Helicopters with a 206L–1+ designation are 

Model 206L–1 helicopters and helicopters 

with a 206L–3+ designation are Model 206L– 

3 helicopters. 

(2) Model 206 L–4 helicopters, certificated 

in any category, and that are equipped with 

one of the following Air Comm STC 

SH2750NM air conditioning systems P/N 

206EC–204–1, 206EC–204–2, 206EC–208–1, 

206EC–208–2, 206EC–210–1, 206EC–210–2, 

206EC–210–3, 206EC–212–3, or 206EC–212– 

4. 

(d) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6510, Tail Rotor Drive Shaft. 

(e) Unsafe Condition 

This AD was prompted by reports of 

deformation or fretting of the spline teeth on 

the air conditioning system and on the oil 

cooler blower shaft. The FAA is issuing this 

AD to detect deformation and fretting. The 

unsafe condition, if not addressed, could 

result in a failure of the oil cooler blower 

shaft, which could lead to loss of tail rotor 

authority and subsequent loss of helicopter 

control. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

Within 300 hours time-in-service (TIS) 

after the effective date of this AD, and 

thereafter at intervals not to exceed 300 hours 

TIS: 

(1) Gain access to the drive ring spline 

teeth and the mating area spline teeth on the 

oil cooler blower shaft by removing the tail 

rotor drive system’s forward short shaft and 

spline adaptor, and the air conditioner 

system’s drive ring. Refer to Figure 1 of ACC 

Air Comm Corporation Service Bulletin SB 

206EC–091119, Rev B, dated May 26, 2021 

for a depiction of each component’s location. 

(2) Visually inspect the drive ring spline 

teeth and the mating area spline teeth on the 

oil cooler blower shaft for deformation and 

fretting. 

(i) If there is deformation or fretting on the 

drive ring spline teeth, before further flight, 

remove the drive ring from service and 

replace it with an airworthy part. 

(ii) If there is deformation or fretting on the 

mating area spline teeth of the oil cooler 

blower shaft, before further flight, remove the 

oil cooler blower assembly from service and 

replace with an airworthy part. 

(3) Reinstall the drive ring, spline adapter, 

and the forward short shaft. If the compressor 

drive pulley was or removed, torque the 

drive pulley to 200–300 in-lbs, increasing 

torque in this range to align the four threaded 

holes with the through holes in the drive 

ring. Do not back-off torque to align the bolt 

holes. 

(h) Special Flight Permits 

Special flight permits are prohibited. 

(i) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Denver ACO, FAA, has 

the authority to approve AMOCs for this AD, 

if requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the Denver ACO, send it 

to the attention of the person identified in 

paragraph (j)(1) of this AD. Information may 

be emailed to: 9-Denver-Aircraft-Cert@

faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(j) Related Information 

(1) For more information about this AD, 

contact Matthew Bryant, Aerospace Engineer, 

Denver ACO Branch, FAA, 26805 East 68th 

Avenue, Denver, CO 80249; telephone (303) 

342–1092; email 9-Denver-Aircraft-Cert@

faa.gov. 

(2) For service information identified in 

this AD, contact Air Comm Corporation, 1575 

W 124th Ave. #210, Westminster, CO 80234; 

telephone: (303) 440–4075; email cposvic@

aircommcorp.com. You may view the 

referenced service information at the FAA, 

Office of the Regional Counsel, Southwest 

Region, 10101 Hillwood Pkwy., Room 6N– 

321, Fort Worth, TX 76177. For information 

on the availability of this material at the 

FAA, call (817) 222–5110. 

53018 Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Proposed Rules 

1E.O. 13984, 86 FR 6837 (Jan. 19, 2021). 

2Public Law 95–223 (October 28, 1977), 91 Stat. 

1626, codified as amended at 50 U.S.C. 1701 et seq. 

(2018) (‘‘IEEPA’’). 

3Public Law 94–412 (September 14, 1976), 90 

Stat. 1255, codified as amended at 50 U.S.C. 1601 

et seq. (2018) (‘‘NEA’’). 

4E.O. 13984 at 6837. 

5 Id. 6 Id. 

Issued on September 16, 2021. 

Ross Landes, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–20521 Filed 9–23–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

15 CFR Subtitle A 

[210913–0183] 

RIN 0605–AA61 

Taking Additional Steps To Address 

the National Emergency With Respect 

to Significant Malicious Cyber-Enabled 

Activities 

AGENCY: U.S. Department of Commerce. 

ACTION: Advance notice of proposed 

rulemaking (ANPRM). 

SUMMARY: Executive Order 13984 of 

January 19, 2021, Taking Additional 

Steps to Address the National 

Emergency with Respect to Significant 

Malicious Cyber-Enabled Activities,’’ 

directs the Secretary of Commerce 

(Secretary) to implement regulations to 

govern the process and procedures that 

the Secretary will use to deter foreign 

malicious cyber actors’ use of United 

States Infrastructure as a Service (IaaS) 

products and assist in the investigation 

of transactions involving foreign 

malicious cyber actors. The Department 

of Commerce (the Department) is 

issuing this ANPRM to solicit public 

comments on questions pertinent to the 

development of regulations pursuant to 

this Executive Order. 

DATES: Comments must be received by 

October 25, 2021. 

ADDRESSES: All comments must be 

submitted by one of the following 

methods: 

• By the Federal eRulemaking Portal: 

http://www.regulations.gov at docket 

number: DOC–2021–0007. 

• By email directly to: 

IaaScomments@doc.gov. Include ‘‘E.O. 

13984: ANPRM’’ in the subject line. 

• Instructions: Comments sent by any 

other method or to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered. For those seeking to submit 

confidential business information (CBI), 

please clearly mark such submissions as 

CBI and submit by email or via the 

Federal eRulemaking Portal, as 

instructed above. Each CBI submission 

must also contain a summary of the CBI, 

clearly marked as public, in sufficient 

detail to permit a reasonable 

understanding of the substance of the 

information for public consumption. 

Such summary information will be 

posted on regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Justin LP Shore, U.S. Department of 

Commerce, email: IaaScomments@

doc.gov. For media inquiries: Brittany 

Caplin, Deputy Director of Public 

Affairs and Press Secretary, U.S. 

Department of Commerce, telephone: 

(202) 482–4883, email: PublicAffairs@

doc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

E.O. 13984, issued on January 19, 

2021, and entitled ‘‘Taking Additional 

Steps to Address the National 

Emergency with Respect to Significant 

Malicious Cyber-Enabled Activities,’’ 1

was issued pursuant to the President’s 

authority under the Constitution and the 

laws of the United States, including the 

International Emergency Economic 

Powers Act,2 the National Emergencies 

Act,3 and section 301 of Title 3, United 

States Code. In E.O. 13984, the 

President determined that additional 

steps must be taken to address the 

national emergency related to 

significant malicious cyber-enabled 

activities declared in Executive Order 

13694, Blocking the Property of Certain 

Persons Engaging in Significant 

Malicious Cyber-Enabled Activities (80 

FR 18077, Apr. 1, 2015). 

E.O. 13984 addresses the threat posed 

by the use of U.S. cloud infrastructure 

by foreign malicious cyber actors to 

conduct malicious cyber-enabled 

activities, including theft of sensitive 

data and intellectual property and 

targeting of U.S. critical infrastructure. 

IaaS products provide the ability to run 

software and store data on servers 

offered for rent or lease without 

responsibility for the maintenance and 

operating costs of those servers.4 The 

United States must ensure that 

providers offering United States IaaS 

products verify the identity of persons 

obtaining an IaaS account for the 

provision of these products and 

maintain records of those transactions 5

as foreign persons obtain or offer for 

resale IaaS accounts (Accounts) with 

U.S. IaaS providers, and then use these 

Accounts to conduct malicious cyberenabled activities against U.S. interests. 

Malicious actors then destroy evidence 

of their prior activities and transition to 

other services. This pattern makes it 

extremely difficult to track and obtain 

information on foreign malicious cyber 

actors and their activities in a timely 

manner, especially if U.S. IaaS 

providers do not maintain updated 

information and records of their 

customers or the lessees and sub-lessees 

of those customers. 

To ‘‘deter foreign malicious cyber 

actors’ use of U.S. IaaS products, and 

assist in the investigation of transactions 

involving foreign malicious cyber 

actors,’’ 6 E.O. 13984 requires more 

robust record-keeping practices and user 

identification and verification standards 

within the industry to better assist 

investigative efforts. Additionally, E.O. 

13984 encourages the adoption of and 

adherence to security best practices to 

deter abuse of U.S. IaaS products by 

allowing the Secretary to take into 

account compliance with such best 

practices in deciding to exempt certain 

U.S. IaaS providers, Accounts, or lessees 

from any final regulations stemming 

from Section 1 of E.O. 13984. 

E.O. 13984 tasks the Secretary, 

specifically, with implementing 

regulations that require U.S. IaaS 

providers to: (1) Verify the identity of a 

foreign person that obtains an Account 

(i.e., identification, verification, and 

recordkeeping obligations) (Section 1); 

and (2) implement special measures to 

prohibit or impose conditions on 

Accounts within certain foreign 

jurisdictions or of certain foreign 

persons, where the Secretary, in 

consultation with specified agency 

heads, makes a finding that either (i) 

reasonable grounds exist for concluding 

that a foreign jurisdiction has any 

significant number of foreign persons 

offering U.S. IaaS products, as defined 

in Section 5 of E.O. 13984, that are used 

for malicious cyber-enabled activities or 

any significant number of foreign 

persons directly obtaining U.S. IaaS 

products for use in malicious cyberenabled activities; or (ii) reasonable 

grounds exist for concluding that a 

foreign person has established a pattern 

of conduct of offering U.S. IaaS products 

that are used for malicious cyberenabled activities or directly obtaining 

U.S. IaaS products for use in malicious 

cyber-enabled activities (Section 2). 

Section 3 of E.O. 13984, which is not a 

part of this potential rulemaking, directs 

the Attorney General and the Secretary 

of Homeland Security, in coordination 

with the Secretary and the heads of 

other agencies, as deemed appropriate, 

to solicit feedback from industry that