January 8, 2021 – Federal Register Recent Federal Regulation Documents

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Notice of Proposed Information Collection Requests: 2022-2024 National Medal for Museum and Library Service Nomination Form
Document Number: 2021-00071
Type: Notice
Date: 2021-01-08
Agency: National Foundation for the Arts and the Humanities, Institute of Museum and Library Services
The Institute of Museum and Library Services (IMLS), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act. This pre-clearance consultation program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. The purpose of this Notice is to solicit comments concerning the nomination form for the annual IMLS National Medal for Museum and Library Service Program designed to recognize outstanding libraries and museums that have made significant contributions in service to improve the wellbeing of their communities. A copy of the proposed information collection request can be obtained by contacting the individual listed below in the ADDRESSES section of this Notice.
Notice of Proposed Information Collection Requests: 2022-2024 IMLS Museums Empowered Notice of Funding Opportunity
Document Number: 2021-00070
Type: Notice
Date: 2021-01-08
Agency: National Foundation for the Arts and the Humanities, Institute of Museum and Library Services
The Institute of Museum and Library Services (IMLS), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act. This pre-clearance consultation program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. By this Notice, IMLS is soliciting comments concerning a plan to offer a special initiative of the Museums for America grant program that will target professional development needs for museums: Museums Empowered. A copy of the proposed information collection request can be obtained by contacting the individual listed below in the ADDRESSES section of this Notice.
Notice of Proposed Information Collection Requests: 2022-2024 IMLS Library and Museum Reviewer Forms
Document Number: 2021-00069
Type: Notice
Date: 2021-01-08
Agency: National Foundation for the Arts and the Humanities, Institute of Museum and Library Services
The Institute of Museum and Library Services (IMLS), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act. This pre-clearance consultation program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. The purpose of this Notice is to solicit comments concerning the annual IMLS Library and Museum Reviewer Forms which are used by library and museum professionals to submit their interest and expertise to be considered for selection as an IMLS peer reviewer. A copy of the proposed information collection request can be obtained by contacting the individual listed below in the ADDRESSES section of this Notice.
Notice of Proposed Information Collection Requests: 2022-2024 IMLS National Leadership Grants for Libraries and the IMLS Laura Bush 21st Century Librarian Program Notices of Funding Opportunity
Document Number: 2021-00068
Type: Notice
Date: 2021-01-08
Agency: National Foundation for the Arts and the Humanities, Institute of Museum and Library Services
The Institute of Museum and Library Services (IMLS), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act. This pre-clearance consultation program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. By this Notice, IMLS is soliciting comments concerning a plan to offer two grant programs targeting the needs of libraries and their communities nationwide: IMLS National Leadership Grants for Libraries and the IMLS Laura Bush 21st Century Librarian Program. A copy of the proposed information collection request can be obtained by contacting the individual listed below in the ADDRESSES section of this Notice.
Notice of Proposed Information Collection Requests: 2022-2024 IMLS Inspire! Grants for Small Museums Notice of Funding Opportunity
Document Number: 2021-00067
Type: Notice
Date: 2021-01-08
Agency: National Foundation for the Arts and the Humanities, Institute of Museum and Library Services
The Institute of Museum and Library Services (IMLS), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act. This pre-clearance consultation program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. By this Notice, IMLS is soliciting comments concerning the initiative targeting the needs of small museums and their communities nationwide: IMLS Inspire! Grants for Small Museums Program. A copy of the proposed information collection request can be obtained by contacting the individual listed below in the ADDRESSES section of this Notice.
Notice of Proposed Information Collection Requests: 2022-2024 Grant Performance Report Forms
Document Number: 2021-00066
Type: Notice
Date: 2021-01-08
Agency: National Foundation for the Arts and the Humanities, Institute of Museum and Library Services
The Institute of Museum and Library Services (IMLS), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act. This pre-clearance consultation program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. The purpose of this Notice is to solicit comments concerning the three-year approval of the forms necessary to report on grant and cooperative agreement activities on interim and final bases for all IMLS grant programs. A copy of the proposed information collection request can be obtained by contacting the individual listed below in the ADDRESSES section of this Notice.
Notice of Proposed Information Collection Requests: 2022-2024 IMLS Museum Grants for African American History and Culture Program and IMLS Native American/Native Hawaiian Museum Services Program Notices of Funding Opportunity
Document Number: 2021-00065
Type: Notice
Date: 2021-01-08
Agency: National Foundation for the Arts and the Humanities, Institute of Museum and Library Services
The Institute of Museum and Library Services (IMLS), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act. This pre-clearance consultation program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. By this Notice, IMLS is soliciting comments concerning a plan to offer two grant programs targeting the needs of specific museums and their communities nationwide: IMLS Museum Grants for African American History and Culture Program and IMLS Native American/Native Hawaiian Museum Services Program. A copy of the proposed information collection request can be obtained by contacting the individual listed below in the ADDRESSES section of this Notice.
Notice of Request for Revision to and Extension of Approval of an Information Collection; Approval of Laboratories for Conducting Aquatic Animal Tests for Export Health Certificates
Document Number: 2021-00064
Type: Notice
Date: 2021-01-08
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request a revision to and extension of approval of an information collection associated with its efforts to certify certain laboratories that conduct aquatic animal testing for export activities.
Notice of Availability of an Environmental Assessment for Release of Lilioceris
Document Number: 2021-00063
Type: Notice
Date: 2021-01-08
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are advising the public that the Animal and Plant Health Inspection Service has prepared an environmental assessment (EA) relative to permitting the release of an insect, Lilioceris egena, for the biological control of air potato (Dioscorea bulbifera). Based on the environmental assessment and other relevant data, we have reached a preliminary determination that the release of this control agent within the continental United States will not have a significant impact on the quality of the human environment. We are making the EA available to the public for review and comment.
List of Participating Countries and Entities in the Kimberley Process Certification Scheme, Known as “Participants” for the Purposes of the Clean Diamond Trade Act of 2003 (Pub. L. 108-19) and Section 2 of Executive Order 13312 of July 29, 2003
Document Number: 2021-00062
Type: Notice
Date: 2021-01-08
Agency: Department of State
The Department of State is updating the list of Participants eligible for trade in rough diamonds under the Act, and their respective Importing and Exporting Authorities, revising the previously published list of July 5, 2019, to reflect the addition of the United Kingdom as an independent Participant, among other changes.
Updating the State Department's List of Entities and Subentities Associated With Cuba (Cuba Restricted List) Updated Publication of List of Entities and Subentities; Notice
Document Number: 2021-00061
Type: Notice
Date: 2021-01-08
Agency: Department of State
The Department of State is publishing an update to its List of Restricted Entities and Subentities Associated With Cuba (Cuba Restricted List) with which direct financial transactions are generally prohibited under the Cuban Assets Control Regulations (CACR). The Department of Commerce's Bureau of Industry and Security (BIS) generally will deny applications to export or reexport items for use by entities or subentities on the Cuba Restricted List.
2021 Privately Owned Vehicle (POV) Mileage Reimbursement Rates; 2021 Standard Mileage Rate for Moving Purposes
Document Number: 2021-00059
Type: Notice
Date: 2021-01-08
Agency: General Services Administration, Agencies and Commissions
GSA is updating the mileage reimbursement rate for privately owned automobiles (POA), airplanes, and motorcycles as required by statute. This information will be available in FTR Bulletin 21-03, which can be found on GSA's website at https://gsa.gov/ftrbulletins.
Meeting of the Council on Graduate Medical Education
Document Number: 2021-00058
Type: Notice
Date: 2021-01-08
Agency: Department of Health and Human Services, Health Resources and Services Administration
In accordance with the Federal Advisory Committee Act, this notice announces that the Council on Graduate Medical Education (COGME or Council) will hold public meetings for the 2021 calendar year (CY). Information about COGME, agendas, and materials for these meetings can be found on the COGME website at https://www.hrsa.gov/advisory- committees/graduate-medical-edu/.
Emergency Management Priorities and Allocations System (EMPAS)
Document Number: 2020-29287
Type: Rule
Date: 2021-01-08
Agency: Federal Emergency Management Agency, Department of Homeland Security
This final rule adopts, with minor technical edits, an interim final rule with request for comments published in the Federal Register on May 13, 2020, establishing standards and procedures by which the Federal Emergency Management Agency (FEMA) may require certain contracts or orders that promote the national defense be given priority over other contracts or orders and setting new standards and procedures by which FEMA may allocate materials, services, and facilities to promote the national defense under emergency and non-emergency conditions pursuant to section 101 of the Defense Production Act of 1950, as amended. These regulations are part of FEMA's response to the ongoing COVID-19 emergency.
Request for Information on NCUA Communications and Transparency
Document Number: 2020-29270
Type: Notice
Date: 2021-01-08
Agency: National Credit Union Administration, Agencies and Commissions
The NCUA is seeking comments and information from interested parties on the NCUA's communication methods and related initiatives to promote efficiency and increase transparency.
Taking Marine Mammals Incidental to the Hampton Roads Bridge Tunnel Expansion Project in Norfolk, Virginia
Document Number: 2020-29125
Type: Proposed Rule
Date: 2021-01-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has received a request from the Hampton Roads Connector Partners (HRCP) for authorization to take small numbers of marine mammals incidental to pile driving and removal activities at the Hampton Roads Bridge Tunnel Expansion Project (HRBT) in Norfolk, Virginia over the course of five years (2021-2026). Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is proposing regulations to govern that take, and requests comments on the proposed regulations. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorization, and agency responses will be summarized in the final notice of our decision.
Partial Approval and Partial Disapproval of Air Quality Implementation Plans; Arizona; West Pinal County; 1987 PM10
Document Number: 2020-29092
Type: Proposed Rule
Date: 2021-01-08
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve in part and to disapprove in part the state implementation plan (SIP) revision submitted by the State of Arizona to meet Clean Air Act (CAA or ``Act'') requirements for the 1987 PM10 national ambient air quality standards (NAAQS or ``standard'') in the West Pinal County PM10 nonattainment area. The State of Arizona's ``2015 West Pinal Moderate PM10 Nonattainment Area SIP'' (``West Pinal County PM10 Plan'') addresses the CAA nonattainment area requirements for the 1987 PM10 NAAQS, including requirements for an emissions inventory, an attainment demonstration, reasonable further progress, reasonably available control measures, contingency measures, and motor vehicle emissions budgets. The EPA is proposing to approve the base year 2008 emissions inventory for direct PM10 and to disapprove the remaining elements of the West Pinal County PM10 Plan.
Endangered and Threatened Species; Designation of Critical Habitat for the Arctic Subspecies of the Ringed Seal
Document Number: 2020-29008
Type: Proposed Rule
Date: 2021-01-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, the National Marine Fisheries Service (NMFS), announce revisions to our December 9, 2014, proposed designation of critical habitat for the Arctic subspecies of the ringed seal (Pusa hispida hispida) under the Endangered Species Act (ESA). The revised proposed designation comprises an area of marine habitat in the Bering, Chukchi, and Beaufort seas. Based on consideration of national security impacts, we also propose to exclude a particular area north of the Beaufort Sea shelf from the designation. We seek comments on all aspects of the revised proposed critical habitat designation and will consider information received before issuing a final designation.
Endangered and Threatened Species; Designation of Critical Habitat for the Beringia Distinct Population Segment of the Bearded Seal
Document Number: 2020-29006
Type: Proposed Rule
Date: 2021-01-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, the National Marine Fisheries Service (NMFS), propose to designate critical habitat for the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies Erignathus barbatus nauticus under the Endangered Species Act (ESA). The proposed designation comprises an area of marine habitat in the Bering, Chukchi, and Beaufort seas. We seek comments on all aspects of the proposed critical habitat designation and will consider information received before issuing a final designation.
Guidance Document Procedures
Document Number: 2020-28881
Type: Rule
Date: 2021-01-08
Agency: Council on Environmental Quality, Executive Office of the President
Pursuant to Executive Order (E.O.) 13891, ``Promoting the Rule of Law Through Improved Agency Guidance Documents,'' this final rule establishes the process that the Council on Environmental Quality (CEQ) will follow for issuing guidance documents. E.O. 13891 requires Federal agencies to finalize regulations or amend existing regulations to establish processes and procedures for issuing guidance documents.
Guidance Document Online Portal
Document Number: 2020-28879
Type: Notice
Date: 2021-01-08
Agency: Council on Environmental Quality, Executive Office of the President
In accordance with Executive Order (E.O.) 13891, ``Promoting the Rule of Law Through Improved Agency Guidance Documents,'' dated October 9, 2019, and Office of Management and Budget (OMB) Memorandum M-20-02, dated October 31, 2019, the Council on Environmental Quality (CEQ) is providing notice of where the public may access CEQ guidance documents.
Methods for Computing Withdrawal Liability, Multiemployer Pension Reform Act of 2014
Document Number: 2020-28866
Type: Rule
Date: 2021-01-08
Agency: Pension Benefit Guaranty Corporation, Agencies and Commissions
The Pension Benefit Guaranty Corporation is amending its regulations on Allocating Unfunded Vested Benefits to Withdrawing Employers and Notice, Collection, and Redetermination of Withdrawal Liability. The amendments implement statutory provisions affecting the determination of a withdrawing employer's liability under a multiemployer plan and annual withdrawal liability payment amount when the plan has had benefit reductions, benefit suspensions, surcharges, or contribution increases that must be disregarded. The amendments also provide simplified withdrawal liability calculation methods.
Resolution Planning
Document Number: 2020-28812
Type: Proposed Rule
Date: 2021-01-08
Agency: Federal Housing Finance Agency
The Federal Housing Finance Agency (FHFA) is seeking comment on a proposed rule that would require Fannie Mae and Freddie Mac (the Enterprises) to develop plans to facilitate their rapid and orderly resolution in the event FHFA is appointed receiver. A resolution planning rule is an important part of FHFA's on-going effort to develop a robust prudential regulatory framework for the Enterprises, including capital, liquidity, and stress testing requirements, as well as enhanced oversight, which will be critical to FHFA supervision of the Enterprises after they exit the conservatorships. In addition, a resolution plan as proposed to be required would support FHFA if appointed as receiver to, among other things, minimize disruption in the national housing finance markets by providing for the continued operation of an Enterprise's core business lines by a limited-life regulated entity (LLRE); ensure that investors in mortgage-backed securities guaranteed by the Enterprises and in Enterprise unsecured debt bear losses in accordance with the priority of payments set out in the Safety and Soundness Act while minimizing unnecessary losses and costs to these investors; and, help foster market discipline in part through FHFA publication of ``public'' sections of Enterprise resolution plans.
Energy Conservation Program: Definition of Showerhead; Correction
Document Number: 2020-28761
Type: Rule
Date: 2021-01-08
Agency: Department of Energy
On December 16, 2020, the U.S. Department of Energy (DOE) published a final rule amending the definition of showerhead. This correction republishes an amendment from the final rule that could not be incorporated into the Code of Federal Regulations (CFR) due to an inaccurate amendatory instruction. Neither the errors nor the corrections in this document affect the substance of the rulemaking or any of the conclusions reached in support of this final rule.
Regulation D: Reserve Requirements of Depository Institutions
Document Number: 2020-28755
Type: Proposed Rule
Date: 2021-01-08
Agency: Federal Reserve System, Agencies and Commissions
The Board of Governors of the Federal Reserve System (``Board'') proposes to amend its Regulation D (Reserve Requirements of Depository Institutions) to eliminate references to an ``interest on required reserves'' rate and to an ``interest on excess reserves'' rate and replace them with a reference to a single ``interest on reserve balances'' rate. The Board also proposes to simplify the formula used to calculate the amount of interest paid on balances maintained by or on behalf of eligible institutions in master accounts at Federal Reserve Banks, and to make other conforming changes.
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Training Activities in the Gulf of Alaska Temporary Maritime Activities Area
Document Number: 2020-28694
Type: Notice
Date: 2021-01-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has received a request from the U.S. Navy (Navy) for authorization to take marine mammals incidental to training activities in the Gulf of Alaska (GOA) Temporary Maritime Activities Area (TMAA) Study Area for a period of seven years, from April 2022 through April 2029. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of the Navy's request for the development and implementation of regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, suggestions, and comments on the Navy's application and request.
Request for Medicare Payment Advisory Commission (MedPAC) Nominations
Document Number: 2020-28480
Type: Notice
Date: 2021-01-08
Agency: Government Accountability Office, Agencies and Commissions
The Balanced Budget Act of 1997 established the Medicare Payment Advisory Commission (MedPAC) and gave the Comptroller General responsibility for appointing its members. GAO is now accepting nominations for MedPAC appointments that will be effective May 2021. Nominations should be sent to the email address listed below. Acknowledgement of submissions will be provided within a week of submission.
Enterprise Liquidity Requirements
Document Number: 2020-28204
Type: Proposed Rule
Date: 2021-01-08
Agency: Federal Housing Finance Agency
The Federal Housing Finance Agency (FHFA) requests comment on a proposed rule that would implement four liquidity and funding requirements for Fannie Mae and Freddie Mac (the Enterprises). The 2008 financial crisis demonstrated substantial weaknesses in the liquidity positions of the Enterprises. Liquidity and funding challenges were a significant contributing factor to establishment of the conservatorships in September 2008. The proposed rule builds on the improvements made to the U.S. banking supervision framework's regulation of institutions' liquidity requirements, and on experience since the 2008 financial crisis including with the more recent 2020 COVID-19-related financial market stress. FHFA believes that a robust Enterprise liquidity framework will improve market confidence in the Enterprises' ability to fulfill their mission and provide countercyclical support to housing finance markets in times of stress, while further minimizing the likelihood that they will need further taxpayer support. FHFA envisions that an appropriate framework would incent the Enterprises to build their liquidity portfolios in good times, so that it is available to be deployed as necessary in times of stress.
Design Criteria for Dam and Lake Projects
Document Number: 2020-27908
Type: Rule
Date: 2021-01-08
Agency: Department of Defense, Department of the Army, Corps of Engineers
This final rule removes the U.S. Army Corps of Engineers' part titled Design Criteria for Dam and Lake Projects. This part is out-of- date and otherwise covers internal agency operations that have no public compliance component or adverse public impact. Therefore, this part can be removed from the Code of Federal Regulations (CFR).
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
Document Number: 2020-27613
Type: Rule
Date: 2021-01-08
The Gulf Coast Ecosystem Restoration Council (Council) publishes this rule to amend the Council's regulation on the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, to align with the Office of Management and Budget's (OMB) recent amendments to its regulations on Grants and Agreements.
Federal Motor Vehicle Safety Standards; Motorcycle Brake Systems; Motorcycle Controls and Displays
Document Number: 2020-27375
Type: Rule
Date: 2021-01-08
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document amends Federal Motor Vehicle Safety Standards (FMVSS) Nos. 122 and 123 to allow the use of an internationally recognized symbol. It also relocates the telltale specifications for anti-lock braking system (ABS) malfunction from FMVSS No. 101 to the appropriate table in FMVSS No. 123 since the latter applies to motorcycles. In addition, this final rule makes two technical corrections: It corrects motorcycle category references in S6.3.2 of FMVSS No. 122 and an outdated table reference found in FMVSS No. 135.
Control of Alcohol and Drug Use: Coverage of Mechanical Employees and Miscellaneous Amendments
Document Number: 2020-25868
Type: Proposed Rule
Date: 2021-01-08
Agency: Federal Railroad Administration, Department of Transportation
In response to a Congressional mandate in the Substance Use- Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (SUPPORT Act), FRA is proposing to expand the scope of its alcohol and drug regulation to cover mechanical (MECH) employees who test or inspect railroad rolling equipment. FRA is also proposing miscellaneous, clarifying amendments to its alcohol and drug regulation.
Modernizing Unbundling and Resale Requirements in an Era of Next-Generation Networks and Services
Document Number: 2020-25254
Type: Rule
Date: 2021-01-08
Agency: Federal Communications Commission, Agencies and Commissions
In this document, the Commission eliminates unbundling requirements, subject to reasonable transition periods, for enterprise- grade DS1 and DS3 loops here there is evidence of actual and potential competition, for broadband-capable DS0 loops and subloops in the most densely populated areas, for operations support systems nationwide except for the purposes of managing remaining UNEs, number portability, and interconnection, and for voice-grade narrowband loops, multiunit premises subloops, and network interface devices nationwide. The Commission preserves unbundling requirements for DS0 loops in less densely populated areas and DS1 and DS3 loops in areas without sufficient evidence of competition. The Commission further eliminates unbundled dark fiber transport provisioned from wire centers within a half-mile of competitive fiber networks, but provides an eight-year transition period for existing circuits so as to avoid stranding investment and last-mile deployment by competitive LECs that may harm consumers. The Report and Order also forbears from remaining Avoided- Cost Resale obligations. In all, the Commission ends unbundling and resale requirements where they stifle technology transitions and broadband deployment, but preserves unbundling requirements where they are still necessary to realize the 1996 Act's goal of robust intermodal competition benefiting all Americans.
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