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Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Proposed Rules
unilaterally, including but not limited to, the use of conditions intended to reopen a certification reopeners.
Among other issues, EPA is concerned that the rules prohibition of modifications may limit the flexibility of certifications and permits to adapt to changing circumstances. EPA is interested in stakeholder feedback on modifications and reopeners, including but not limited to, whether the statutory language in CWA Section 401 supports modification of certifications or reopeners, the utility of modifications e.g., specific circumstances that may warrant modifications or reopeners, and whether there are alternate solutions to the issues that could be addressed by certification modifications or reopeners that can be accomplished through the federal licensing or permitting process.
8. Neighboring jurisdictions. The rule addresses the so-called neighboring jurisdiction process in CWA Section 401a2, including interpreting the timeframe in which a federal agency must notify EPA for purposes of Section 401a2 and providing process requirements for the agencys analysis and the neighboring jurisdictions review and response. EPA is interested in stakeholder feedback on the neighboring jurisdiction process, including but not limited to, whether the agency should elaborate in regulatory text or preamble on considerations informing its analysis under CWA Section 401a2, whether the agencys decision whether to make a determination under CWA Section 401a2 is wholly discretionary, and whether the agency should provide further guidance on the Section 401a2 process that occurs after EPA
makes a may affect determination.
9. Data and other information. EPA is interested in receiving any data or information from stakeholders about the application of the 401 Certification Rule, including but not limited to, impacts of the rule on processing certification requests, impacts of the rule on certification decisions, and whether any major projects are anticipated in the next few years that could benefit from or be encumbered by the 401 Certification Rules proceedural requirements. Additionally, EPA is interested in stakeholder feedback about existing state CWA Section 401
procedures, including whether the agency should consider the extent to which any revised rule might conflict with existing state CWA Section 401
procedures and place a burden on those states to revise rules in the future.

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10. Implementation coordination.
EPA is interested in hearing from stakeholders about facilitiating implementation of any rule revisions.
For example, given the relationship between federal provisions and state processes for water quality certification, should EPA consider specific implementation timeframes or effective dates to allow for adoption and integration of water quality provisions at the state level. Similarly, EPA is interested in receiving feedback on whether concomitant regulatory changes should be proposed and finalized simultaneously by relevant federal agencies e.g., the Army Corps of Engineers, Federal Energy Regulatory Commission so that implementation of revised water certification provisions would be more effectively coordinated and would avoid circumstances where regulations could be interpreted as inconsistent with one another.
Outreach EPA is aware that CWA Section 401
and the 401 Certification Rule are of interest to many states, tribes, federal agencies, project proponents, and the public because of the relationship between water quality certifications and federal licensing and permitting processes. As a result, EPA wants to ensure that it has the opportunity to consider stakeholder input prior to revising the 401 Certification Rule. EPA
intends to have multiple webinar-based listening sessions to solicit feedback on potential approaches to revise the 401
Certification Rule. During these listening sessions, EPA will provide background information on the prior rulemaking effort. Stakeholders will have the opportunity to provide input to EPA on the topics provided above and any other relevant information on the 401 Certification Rule for the agencys consideration. Information on the listening session dates, times, and registration instructions will be made available on EPAs website, located at https www.epa.gov/cwa-401. Persons or organizations wishing to provide verbal input during a listening session will be selected on a first-come, firstserved basis, with consideration given to hearing from different stakeholder groups. Due to the expected number of participants, individuals will be asked to limit their oral presentation to three minutes. Further instructions on signing up and participating in listening sessions will be made available on EPAs website above at a later date.
Supporting materials and written feedback from those who do not have an
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opportunity to speak can be submitted to the docket as described above.
Michael S. Regan, Administrator.
FR Doc. 202111513 Filed 6121; 8:45 am BILLING CODE 656050P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 660
RTID 0648XA696

Fisheries Off West Coast States; West Coast Salmon Fisheries; Amendment 21 to the Pacific Coast Salmon Fishery Management Plan National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Announcement of availability of fishery management plan amendment;
request for comments.
AGENCY:

The Pacific Fishery Management Council Council has submitted Amendment 21 to the Pacific Coast Salmon Fishery Management Plan FMP to the Secretary of Commerce for review. If approved, Amendment 21
would set an annual Chinook salmon abundance threshold below which the Council and NMFS would implement specific management measures, through the annual ocean salmon management measures, to limit ocean salmon fishery impacts on the availability of Chinook salmon as prey for endangered Southern Resident killer whales SRKW.
DATES: Comments on Amendment 21
must be received by August 2, 2021.
ADDRESSES: You may submit comments on this document, identified by NOAA
NMFS20210006, by the following method:
Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov and enter NOAA
NMFS20210006 in the Search box.
Click the Comment icon, complete the required fields, and enter or attach your comments.
Instructions: Comments must be submitted by the above method to ensure that the comments are received, documented, and considered by NMFS.
Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered. All comments received are a part of the public record and will generally be SUMMARY:

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