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Federal Register / Vol. 86, No. 199 / Tuesday, October 19, 2021 / Proposed Rules governments are not considered small entities under the Regulatory Flexibility Act.

private sector, that will result in an annual expenditure of $164 million or more.

Regulatory Impact Analysis
Assessment of Federal Regulations and Policies on Families
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public health and safety effects, distributive impacts, and equity. Executive Order 13563
emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule meets the standards of Executive Order 13563 because it creates a short-term public benefit, at minimal cost to the Federal Government, by not imposing penalties against a states TANF grant, during a time when public assistance funds are critically needed.
Executive Order 12866 provides that the Office of Information and Regulatory Affairs OIRA at the Office of Management and Budget OMB will review all significant rules. OIRA has determined that this NPRM is significant and was accordingly reviewed by OMB.
A regulatory impact analysis RIA
must be prepared for major rules with economically significant effects $100
million or more in any one year. ACF
does not anticipate that this proposed rulemaking is likely to have an economic impact of $100 million or more in any one year, and therefore does not meet the definition of economically significant under Executive Order 12866. Accordingly, OIRA has determined that this rulemaking is not major under Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996 also known as the Congressional Review Act.

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Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 Pub. L. 1044 requires agencies to prepare an assessment of anticipated costs and benefits before issuing any rule that may result in an annual expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more adjusted annually for inflation.
That threshold level is currently approximately $164 million. This rule does not impose any mandates on state, local, or tribal governments, or the
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Section 654 of the Treasury and General Government Appropriations Act of 1999 requires Federal agencies to determine whether a proposed policy or regulation may affect family well-being.
If the agencys determination is affirmative, then the agency must prepare an impact assessment addressing seven criteria specified in the law. This regulation does not impose requirements on states or families. This regulation will not have an adverse impact on family well-being as defined in the legislation.
Executive Order 13132

57773

e COVID19 paternity establishment percentage penalty relief. Due to the adverse impact of the COVID19
pandemic on State IVD operations, the criteria by which states are subject to financial penalties for the paternity establishment percentage under paragraph a of this section are temporarily modified for fiscal years 2020 and 2021 as follows:
1 The acceptable level of paternity establishment percentage performance under 305.40a1 is modified for fiscal years 2020 and 2021 from 90
percent to 50 percent, and 2 The adverse findings of data reliability audits of a States paternity establishment data under 305.60 will not result in a financial penalty for fiscal years 2020 and 2021.

FR Doc. 202122553 Filed 101821; 8:45 am
Executive Order 13132 prohibits an agency from publishing any rule that has federalism implications if the rule either imposes substantial direct compliance costs on state and local governments and is not required by statute, or the rule preempts state law, unless the agency meets the consultation and funding requirements of section 6 of the Executive order. This rule does not have federalism impact as defined in the executive order.
List of Subjects in 45 CFR Part 305
Child support, Program performance measures, standards, financial incentives, and penalties.

BILLING CODE 418442P

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service 50 CFR Part 17
Docket No. FWSR8ES20210060;
FF09E21000 FXES1111090FEDR 223
RIN 1018BE49

Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Southern Sierra Nevada Distinct Population Segment of Fisher Fish and Wildlife Service, Interior.
ACTION: Proposed rule.

Catalog of Federal Domestic Assistance Programs No. 93.563, Child Support Enforcement Program.

AGENCY:

JooYeun Chang, Acting Assistant Secretary for Children and Families.
Xavier Becerra, Secretary.

We, the U.S. Fish and Wildlife Service Service, propose to designate critical habitat for the federally endangered Southern Sierra Nevada distinct population segment DPS of fisher Pekania pennanti under the Endangered Species Act of 1973, as amended Act. In total, we propose to designate approximately 554,454 acres ac 224,379 hectares ha in six units in California as critical habitat for the Southern Sierra Nevada DPS of fisher. We also announce the availability of a draft economic analysis of the proposed critical habitat designation.
DATES: We will accept comments received or postmarked on or before December 20, 2021. Comments submitted electronically using the Federal eRulemaking Portal see ADDRESSES, below must be received by 11:59 p.m. Eastern Time on the closing date. We must receive requests for a public hearing, in writing, at the address
For the reasons stated in the preamble, the Department of Health and Human Services proposes to amend 45
CFR part 305 as set forth below:
PART 305PROGRAM
PERFORMANCE MEASURES, STANDARDS, FINANCIAL
INCENTIVES, AND PENALTIES
1. The authority citation for part 305
continues to read as follows:

Authority: 42 U.S.C. 609a8, 652a4
and g, 658a, and 1302.

2. In 305.61 revise paragraph e to read as follows:

305.61 Penalty for failure to meet IVD
requirements.

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