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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations
Executive Order 12988 and Executive Order 13132Federalism According to Executive Orders 12988
and 13132, agencies must state in clear language the preemptive effect, if any, of new regulations. The amendments to the agencys Sunshine Act implementing regulations affect only how the Board conducts nonpublic meetings, and therefore, have no effect on preemption of State, tribal, or local government laws or otherwise have federalism implications.
Congressional Review Act This rule will not result in and is not likely to result in A an annual effect on the economy of $100,000,000 or more; B a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or C significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreignbased enterprises in domestic and export markets. As such, the Office of Management and Budget has not found it to be a major rule as defined in the Congressional Review Act. To comply with the Congressional Review Act, the Board will submit the required information each House of the Congress and the Comptroller General.

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Finding of No Significant Environmental Impact The proposed regulations amend the Board procedures for holding meetings pursuant to the Government in the Sunshine Act. The procedural changes to the Sunshine Act implementing regulations will not result in significant impacts affecting the quality of the human environment, unavoidable adverse environmental effects, rejection of reasonable alternatives to the proposed action, or irreversible or irretrievable commitments of environmental resources. The agency has not consulted with any other agencies in making this determination.
IV. Rulemaking Procedure In light of the amendments made to the AEA at 42 U.S.C. 2286bk, this rulemaking makes limited conforming changes to the Boards rules implementing the Sunshine Act 10 CFR
part 1704. The Board is using the direct final rule procedure because this rulemaking represents a limited, routine change to implement the new provisions of the AEA. This amendment will become effective on November 29, 2021. However, if the Board receives a significant adverse comment by
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September 29, 2021, then the Board will publish a notice in the Federal Register withdrawing this rule and publishing the changes as a notice of proposed rulemaking. The Board will respond to the significant adverse comments in that notice of proposed rulemaking and take an additional 30 days of comments before publishing any final rule. If no significant adverse comment is received, the Board will publish a notice that confirms the effective date of this direct final rule.
A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rules underlying premise or approach, or would be ineffective or unacceptable without a change. A
comment is adverse and significant if:
1 The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-andcomment process. For example, a substantive response is required when:
a The comment causes the Board staff to reevaluate or reconsider its position or conduct additional analysis;
b The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or c The comment raises a relevant issue that was not previously addressed or considered by the Board.
2 The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition;
or 3 The comment causes the Board to make a change other than editorial to the rule.
List of Subjects in 10 CFR Part 1704
Sunshine Act.
For the reasons stated in the preamble, the Defense Nuclear Facilities Safety Board amends 10 CFR part 1704
as follows:
PART 1704RULES IMPLEMENTING
THE GOVERNMENT IN THE SUNSHINE
ACT
1. The authority citation for part 1704
is revised to read as follows:

Authority: 5 U.S.C. 552b; 42 U.S.C. 2286, 2286bc, k.

2. Add 1704.11 to read as follows:

1704.11 Nonpublic collaborative discussions.

a In general. Notwithstanding the other requirements of this part, a quorum of Members may hold a meeting that is not open to public observation to
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discuss official business of the Board if 1 No formal or informal vote or other official action is taken at the meeting;
2 Each individual present at the meeting is a Member or an employee of the Board;
3 At least one Member from each political party is present at the meeting, unless all Members are of the same political party at the time of the meeting; and 4 The general counsel of the Board, or a designee of the general counsel, is present at the meeting.
b Disclosure of nonpublic collaborative discussions. 1 Except as provided by paragraph b2 of this section, not later than two business days after the conclusion of a meeting described in subsection a, the Board shall make available to the public, in a place easily accessible to the public i A list of the individuals present at the meeting; and ii A summary of the matters, including key issues, discussed at the meeting, except for any matter the Board properly determines may be withheld from the public under 1704.4.
2 Information about matters withheld from the public. If the Board properly determines under paragraph b1ii of this section that a matter may be withheld from the public under 1704.4, the Board shall include in the summary required by paragraph b1ii as much general information as possible with respect to the matter.
Dated: August 24, 2021.
Joyce Connery, Chair.
FR Doc. 202118549 Filed 82721; 8:45 am BILLING CODE 367001P

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration 14 CFR Part 39
Docket No. FAA20210719; Project Identifier MCAI202100858T; Amendment 3921709; AD 20211808
RIN 2120AA64

Airworthiness Directives; Airbus SAS
Airplanes Federal Aviation Administration FAA, DOT.
ACTION: Final rule; request for comments.
AGENCY:

The FAA is adopting a new airworthiness directive AD for certain Airbus SAS Model A319171N; Model A320271N, 272N, and 273N

SUMMARY:

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30AUR1