Notice of Request for Public Comment, 53264-53265 [2021-20900]
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53264
Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Notices
however, provides that the lottery system
applies only when an agency receives
multiple petitions for review ‘‘from the
persons instituting the proceedings.’’ 20 This
provision has been held not to apply to
petitions for review forwarded to an agency
by a court clerk, as some specific judicial
review statutes require. Parties invoking
judicial review under such specific judicial
review statutes should be entitled to the
benefit of the lottery system.21 Paragraph 4(h)
provides that Congress should amend the
‘‘race to the courthouse’’ statute
appropriately.
Recommendation
lotter on DSK11XQN23PROD with NOTICES1
Recommendations to Congress When
Drafting Judicial Review Provisions
1. When specifying the time within which
a party may seek judicial review of agency
action, Congress should provide that a party
may seek review ‘‘within’’ or ‘‘not later than’’
a specified number of days after an agency
action. Congress should avoid providing that
a party may seek review ‘‘prior to’’ or
‘‘before’’ the day that is a specified number
of days after an agency action, or ‘‘within’’
or ‘‘before the expiration of’’ a period of a
specified number of days beginning on the
date of an agency’s action. Examples of the
recommended forms are:
a. ‘‘A party seeking judicial review may file
a petition for review within 30 days after’’
the agency’s action.
b. ‘‘A party seeking judicial review may file
a petition for review not later than 30 days
after’’ the agency’s action.
Examples of the forms to be avoided are:
c. ‘‘A party seeking judicial review may file
a petition for review prior to [or ‘‘before’’] the
30th day after’’ the agency’s action.
d. ‘‘A party seeking judicial review may
file a petition for review within [or ‘‘before
the expiration of’’] the 30-day period
beginning on the date of’’ the agency’s action.
2. Congress should clearly specify what
event starts the time for seeking review.
Where the event is the promulgation,
amendment, or repeal of a rule by an agency
following the opportunity for participation
by interested persons, Congress should
provide that the event date is the date of the
publication of the final rule in the Federal
Register, where the rule is so published.
3. When drafting a statute providing for
review in a court of appeals, Congress should
provide that review should be initiated by
filing a petition for review. When drafting a
statute providing for review in a district
court, Congress should provide that review
should be initiated by filing a complaint.
With regard to either kind of statute,
Congress should be aware that it need not
specify the required content of the document
initiating judicial proceedings because that
matter would be governed by the applicable
court rules.
General Judicial Review Statute
4. Congress should enact a new general
judicial review statute that includes these
provisions:
20 28
[FR Doc. 2021–20833 Filed 9–24–21; 8:45 am]
U.S.C. 2112(a)(1).
supra note 6, at 42–45.
21 Siegel,
VerDate Sep<11>2014
18:08 Sep 24, 2021
a. Whenever a specific judicial review
statute provides that a party may seek
judicial review of an agency’s action ‘‘prior
to’’ or ‘‘before’’ the day that is a specified
number of days after an agency’s action, or
‘‘within’’ or ‘‘before the expiration of’’ a
period of a specific number of days beginning
on the date of an agency’s action, review may
also be sought exactly that number of days
after the agency’s action.
b. Whenever a specific judicial review
statute provides that the event that starts the
time for seeking judicial review is the
promulgation, amendment, or repeal of a rule
by an agency following the opportunity for
participation by interested persons, the event
date shall be the date of the publication of
the final rule in the Federal Register.
c. Statutes authorizing judicial review in a
court of appeals by the filing of a notice of
appeal will be construed as authorizing
judicial review by the filing of a petition for
review, and whenever a party seeking
judicial review in a court of appeals styles
the document initiating review as a notice of
appeal, the court will treat that document as
a petition for review.
d. Statutes authorizing judicial review in a
district court by the filing of a notice of
appeal, petition for review, or other petition
will be construed as authorizing judicial
review by the filing of a complaint, and
whenever a party seeking judicial review in
a district court styles the document initiating
review as a notice of appeal, petition for
review, or other petition, the court will treat
that document as a complaint.
e. Whenever a specific judicial review
statute specifies the required content of a
document that initiates judicial review, a
party may initiate review with a document
that complies with the requirements of that
statute or a document that complies with the
applicable rules of court.
f. Whenever a specific judicial review
statute provides that a party may seek
judicial review of an agency action in a
specified federal court, the specified federal
court will have jurisdiction to hear the
resulting case.
g. Whenever a specific judicial review
statute requires that a party seeking review
serve the document initiating review on the
agency that took the action of which review
is sought ‘‘simultaneously’’ with filing the
document, this requirement is satisfied if the
document is served on the agency within a
reasonable but specific number of days, such
as seven or fourteen days either before or
after filing.
h. Congress should amend 28 U.S.C.
2112(a)(1) by striking the phrase ‘‘, from the
persons instituting the proceedings, the’’ and
inserting ‘‘a’’ in its place, in both places
where the phrase occurs.
5. The Conference’s Office of the Chairman
should prepare and submit to Congress a
proposed general judicial review statute for
consideration that would provide for the
statutory changes in Paragraph 4.
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AGENCY FOR INTERNATIONAL
DEVELOPMENT
Notice of Request for Public Comment
United States Agency for
International Development (USAID).
SUMMARY: The United States Agency for
International Development (USAID)
seeks Office of Management and Budget
(OMB) approval for the information
collection described below. In
accordance with the Paperwork
Reduction Act of 1995, USAID requests
public comment on this collection from
all interested individuals and
organizations. The purpose of this
notice is to allow 60 days for public
comment preceding submission of the
collection to OMB.
DATES: Send comments on or before
November 26, 2021.
ADDRESSES: You may submit comments
by any of the following methods:
1. Email: jshahan@usaid.gov.
2. Web: Through the Federal
eRulemaking Portal at
www.regulations.gov by following the
instructions for submitting comments.
FOR FURTHER INFORMATION CONTACT:
Kristen Rancourt, USAID Bureau for
Management, Office of Management,
Policy, Budget and Performance, Policy
Division (M/MPBP/POL), telephone
(202) 921–5119, or via email at
krancourt@usaid.gov.
SUPPLEMENTARY INFORMATION:
AGENCY:
I. Abstract
The Exchange Visitor (EV) Visa
Compliance program is a central
management function that enables
USAID to comply with statutory and
regulatory requirements associated with
sponsoring foreign nationals who enter
the United States (U.S.) on a J–1 visa.
This function aligns with the U.S.
National Security Strategy, and the
Foreign Assistance Act of 1961
authorizing the U.S. government to
conduct educational and cultural
exchanges for the purpose of
strengthening the capacity and
commitment of host-country nationals
to address development challenges in
their respective countries. These
educational and cultural exchanges are
defined by section 102 of the Mutual
Educational and Cultural Exchange Act
of 1961 (the ‘‘Act’’), 22 U.S.C. 2452. The
regulations set forth in the Code of
Federal Regulations (CFR) Title 22, Part
62 ‘‘Exchange Visitor Program’’
implement the Act, and appoints USAID
as a designated sponsoring organization.
Program sponsors are responsible for
selecting, supporting and monitoring
participants during their entire program
stay.
E:\FR\FM\27SEN1.SGM
27SEN1
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Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Notices
Section 112 of the Act, as amended,
codified the establishment of the
Interagency Working Group (IAWG) on
U.S. Government-Sponsored
International Exchanges and Training,
and mandated the IAWG with managing
a ‘‘coordinated strategy for all U.S.
Government-sponsored international
exchange and training programs,’’ with
a primary purpose and responsibility
‘‘to collect, analyze, and report data
provided by all U.S. Government
departments and agencies conducting
international exchanges and training
programs.’’ As a statutory member of the
IAWG, USAID participates in the annual
mandated request for data reporting on
USAID international exchanges and
training programs and participants.
The Training and Exchanges
Automated Management System
(TEAMS) is USAID’s official data
management system and the entry point
for data for U.S. exchange visitor
programs. TEAMS incorporates
processes to manage and support EV’s
who will come to the U.S. on a USAID
J–1 visa. TEAMS manages data by
interfacing with the Department of
Homeland Security’s (DHS) Student and
Exchange Visitor Information System
(SEVIS), the system that DHS uses to
maintain and monitor participants in
U.S. programs. All EV’s must be
registered in SEVIS. USAID utilizes
SEVIS to report on EV programs, and to
issue Certificates of Eligibility for
Exchange Visitor Status (Form DS–
2019). The Automated Directive System
(ADS) Chapter 252—Visa Compliance
for Exchange Visitors, requires Agency
operating units (OUs) or their
Implementing Partners, in accordance
with their awards, to enter data into
TEAMS relevant to U.S. visits by
sponsored foreign nationals who are
recipients of USAID development
assistance. TEAMS replaces the
Training Results and Information
Network (TraiNet) and Visa Compliance
System (VCS). TEAMS combines the
functionality of TraiNet and VCS into
one system.
The Bureau for Management, Office of
Management Policy, Budget and
Performance (M/MPBP) relies on
TEAMS data for the following uses: (1)
EV program management; (2) batching
USAID data to SEVIS; and, (3) annual
mandated reporting to IAWG. USAID
OUs use TEAMS data of U.S.-based EVs,
and in-country and third-country based
training participants, for internal
reporting and portfolio management.
IV. Request for Comments
All comments must be in writing and
submitted through the methods
specified in the ADDRESSES section
above. All submissions must include the
information collection title. Please
include your name, title, organization,
postal address telephone number, and
email address in the text of the message.
Please note that comments submitted in
response to this Notice are public
record. We recommend that you do not
submit detailed personal information,
confidential business Information, or
any information that is otherwise
protected from disclosure by statute.
USAID will only address comments
that explain why the proposed
collection would be inappropriate,
ineffective, or unacceptable without a
change. Comments that are insubstantial
or outside the scope of the notice of
request for public comment may not be
considered.
Susan C. Radford,
Management and Program Analyst, Bureau
for Management, Office of Management
Policy, Budget, and Performance, U.S. Agency
for International Development.
[FR Doc. 2021–20900 Filed 9–24–21; 8:45 am]
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DEPARTMENT OF AGRICULTURE
Intent To Establish an Equity
Commission and Solicitation of
Nominations for Membership on the
Equity Commission Advisory
Committee and Equity Commission
Subcommittee on Agriculture
United States Department of
Agriculture (USDA).
ACTION: Notice.
AGENCY:
In accordance with the
Federal Advisory Committee Act
(FACA), the United States Department
Electronic.
18:08 Sep 24, 2021
Title of Information Collection:
Training and Exchanges Automated
Management System (TEAMS).
Type of Review: New Information
Collection.
OMB Number: Not assigned.
Affected Public who will be asked or
required to respond: Exchange Visitor’s
as defined in ADS Chapter 252—Visa
Compliance for Exchange Visitors.
Estimated Total Number of
Respondents per Year: Approximately
1,500–2,000 annually based on current
year estimates.
Estimated Total Annual Burden: 375–
500 hours (1,500–2000 participants × 15
minutes per participant).
SUMMARY:
II. Method of Collection
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III. Data
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53265
of Agriculture announces its intent to
establish an Equity Commission (EC)
including a Subcommittee on
Agriculture. The EC will advise the
Secretary of Agriculture by facilitating
identification of critical USDA
programs, policies, systems, structures,
and practices that contribute to barriers
to inclusion or access, systemic
discrimination, or exacerbate or
perpetuate racial, economic, health and
social disparities. The EC will be
governed by the provisions of FACA.
Concurrent to creation of the Equity
Commission, a Subcommittee on
Agriculture will be formed that will be
charged with providing
recommendations on issues of concern
related to agriculture to optimize USDA
programs, dismantle structural
inequities and systemic discrimination,
and promote social justice particularly
for historically underserved and diverse
communities served by USDA. This
notice also solicits nominations for
membership on the EC and the EC’s
Subcommittee on Agriculture.
DATES: We will consider nominations
that are submitted via email or
postmarked by October 27, 2021.
ADDRESSES: Please submit nominations
to Dr. Dewayne L. Goldmon, USDA
Senior Advisor for Racial Equity, Office
of the Secretary, Department of
Agriculture, 1400 Independence Avenue
SW, Room 6006–S, Washington, DC
20250; or send by email to:
EquityCommission@usda.gov. A Federal
Official of USDA will acknowledge
receipt of nominations.
FOR FURTHER INFORMATION CONTACT:
Dewayne L. Goldmon, Ph.D.; telephone:
(202) 997–2100; email:
dewayne.goldmon@usda.gov.
SUPPLEMENTARY INFORMATION: Section
1006(a)(3) of the American Rescue Plan
Act of 2021 directs the Secretary of the
United States Department of Agriculture
to create an Equity Commission to
advise the Agency in ‘‘address[ing]
historical discrimination and disparities
in the agriculture sector,’’ which
includes ‘‘fund[ing] one or more equity
commissions to address racial equity
issues within USDA and its programs.’’
Public Law 117–2.
EC and Subcommittee on Agriculture
Scope and Purpose
The purpose of the EC is to advise the
Secretary of Agriculture by identifying
USDA programs, policies, systems,
structures, and practices that contribute
to barriers to inclusion or access,
systemic discrimination, or exacerbate
or perpetuate racial, economic, health
and social disparities.
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Agencies
[Federal Register Volume 86, Number 184 (Monday, September 27, 2021)]
[Notices]
[Pages 53264-53265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20900]
=======================================================================
-----------------------------------------------------------------------
AGENCY FOR INTERNATIONAL DEVELOPMENT
Notice of Request for Public Comment
AGENCY: United States Agency for International Development (USAID).
SUMMARY: The United States Agency for International Development (USAID)
seeks Office of Management and Budget (OMB) approval for the
information collection described below. In accordance with the
Paperwork Reduction Act of 1995, USAID requests public comment on this
collection from all interested individuals and organizations. The
purpose of this notice is to allow 60 days for public comment preceding
submission of the collection to OMB.
DATES: Send comments on or before November 26, 2021.
ADDRESSES: You may submit comments by any of the following methods:
1. Email: [email protected].
2. Web: Through the Federal eRulemaking Portal at
www.regulations.gov by following the instructions for submitting
comments.
FOR FURTHER INFORMATION CONTACT: Kristen Rancourt, USAID Bureau for
Management, Office of Management, Policy, Budget and Performance,
Policy Division (M/MPBP/POL), telephone (202) 921-5119, or via email at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Abstract
The Exchange Visitor (EV) Visa Compliance program is a central
management function that enables USAID to comply with statutory and
regulatory requirements associated with sponsoring foreign nationals
who enter the United States (U.S.) on a J-1 visa. This function aligns
with the U.S. National Security Strategy, and the Foreign Assistance
Act of 1961 authorizing the U.S. government to conduct educational and
cultural exchanges for the purpose of strengthening the capacity and
commitment of host-country nationals to address development challenges
in their respective countries. These educational and cultural exchanges
are defined by section 102 of the Mutual Educational and Cultural
Exchange Act of 1961 (the ``Act''), 22 U.S.C. 2452. The regulations set
forth in the Code of Federal Regulations (CFR) Title 22, Part 62
``Exchange Visitor Program'' implement the Act, and appoints USAID as a
designated sponsoring organization. Program sponsors are responsible
for selecting, supporting and monitoring participants during their
entire program stay.
[[Page 53265]]
Section 112 of the Act, as amended, codified the establishment of
the Interagency Working Group (IAWG) on U.S. Government-Sponsored
International Exchanges and Training, and mandated the IAWG with
managing a ``coordinated strategy for all U.S. Government-sponsored
international exchange and training programs,'' with a primary purpose
and responsibility ``to collect, analyze, and report data provided by
all U.S. Government departments and agencies conducting international
exchanges and training programs.'' As a statutory member of the IAWG,
USAID participates in the annual mandated request for data reporting on
USAID international exchanges and training programs and participants.
The Training and Exchanges Automated Management System (TEAMS) is
USAID's official data management system and the entry point for data
for U.S. exchange visitor programs. TEAMS incorporates processes to
manage and support EV's who will come to the U.S. on a USAID J-1 visa.
TEAMS manages data by interfacing with the Department of Homeland
Security's (DHS) Student and Exchange Visitor Information System
(SEVIS), the system that DHS uses to maintain and monitor participants
in U.S. programs. All EV's must be registered in SEVIS. USAID utilizes
SEVIS to report on EV programs, and to issue Certificates of
Eligibility for Exchange Visitor Status (Form DS-2019). The Automated
Directive System (ADS) Chapter 252--Visa Compliance for Exchange
Visitors, requires Agency operating units (OUs) or their Implementing
Partners, in accordance with their awards, to enter data into TEAMS
relevant to U.S. visits by sponsored foreign nationals who are
recipients of USAID development assistance. TEAMS replaces the Training
Results and Information Network (TraiNet) and Visa Compliance System
(VCS). TEAMS combines the functionality of TraiNet and VCS into one
system.
The Bureau for Management, Office of Management Policy, Budget and
Performance (M/MPBP) relies on TEAMS data for the following uses: (1)
EV program management; (2) batching USAID data to SEVIS; and, (3)
annual mandated reporting to IAWG. USAID OUs use TEAMS data of U.S.-
based EVs, and in-country and third-country based training
participants, for internal reporting and portfolio management.
II. Method of Collection
Electronic.
III. Data
Title of Information Collection: Training and Exchanges Automated
Management System (TEAMS).
Type of Review: New Information Collection.
OMB Number: Not assigned.
Affected Public who will be asked or required to respond: Exchange
Visitor's as defined in ADS Chapter 252--Visa Compliance for Exchange
Visitors.
Estimated Total Number of Respondents per Year: Approximately
1,500-2,000 annually based on current year estimates.
Estimated Total Annual Burden: 375-500 hours (1,500-2000
participants x 15 minutes per participant).
IV. Request for Comments
All comments must be in writing and submitted through the methods
specified in the Addresses section above. All submissions must include
the information collection title. Please include your name, title,
organization, postal address telephone number, and email address in the
text of the message. Please note that comments submitted in response to
this Notice are public record. We recommend that you do not submit
detailed personal information, confidential business Information, or
any information that is otherwise protected from disclosure by statute.
USAID will only address comments that explain why the proposed
collection would be inappropriate, ineffective, or unacceptable without
a change. Comments that are insubstantial or outside the scope of the
notice of request for public comment may not be considered.
Susan C. Radford,
Management and Program Analyst, Bureau for Management, Office of
Management Policy, Budget, and Performance, U.S. Agency for
International Development.
[FR Doc. 2021-20900 Filed 9-24-21; 8:45 am]
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